TERMS AND CONDITIONS OF SALE
1. DEFINITION AND CONTENTS OF THE CONTRACT
This contract is a distance sales contract, pursuant to D.Lgs. September 6th 2005, n. 206 ("Codice del Consumo") and subsequent modifications of certain aspects by legislative decree April 9th 2003, n. 70, regulations on e-commerce. This contract regulates sales between Sgaravatti Trend, whose legal headquarters are located in Ponte San Nicolò (PD) Viale Europa 7, P.IVA/C.F: IT03929620288 – R.E.A. CCIAA di PD n. 348478 and the end user. The Terms and Conditions of Sale can be modified and/or integrated according to possible variations to current regulations; if so, they will be posted on www.kalamitica.com and will be immediately effective.
2. PRODUCTS AND SELLING PRICES
The features of the products are explained in their respective technical specifications and are easily accessible when the end user selects the product and places the order.
Every selling price indicated in the technical specifications include I.V.A., when it is due. Prices might be subject to variations. The purchaser, by confirming the order, explicitly declares to accept the selling price.
3. PURCHASE AND PAYMENT TERMS AND CONDITIONS
The order will be placed by filling out the customer records, by accepting the terms and conditions of sale, the selling price and the possible shipping cost. The customer will receive an email (at the email address he/she had previously provided), which will inform him/her that the order is being processed.
The payment will be made through credit card or through PayPal, by using a PayPal account (https://www.paypal.com/it/webapps/mpp/home). PayPal will manage the transaction in a safe and encrypted session. Sgaravatti Trend will not have access to any bank account or credit card data, which will be safely stored in the PayPal network. Sgaravatti Trend will only receive from PayPal a confirmation of payment and/or information needed to the procurement of goods.
The customer can request to pay cash on delivery, only for orders that are shipped in Italy; the additional cost is 5 euros.
4. SHIPPING & DELIVERY - COMPLAINTS
Sgaravatti Trend ships its products within 24 business hours and they are delivered in Italy within 5 business days from the confirmation of the order (8 working days elsewhere), unless there are hindrances, accidents or business holidays. If so, the customer will be immediately informed. Holidays will be communicated before the order is placed.
Deliveries in ITALY:
Deliveries in EEC countries:
Deliveries to Swizerland:
In order to guarantee a satisfactory service, Sgaravatti Trend works with selected supplier as for logistics and deliveries. In the case the package is damaged, the courier has to be notified immediately and a detailed delivery report has to be filled out. Such report needs to be written and sent to Sgaravatti Trend via registered mail, fax or email within 8 days from the day the package was received.
Any complaint or request of information can be sent to the following addresses:
Sgaravatti Trend Srl, Viale Europa 7, 35020 Ponte San Nicolò (PD) - ITALY; phone number 0498968061, fax 0498961314, e-mail firstname.lastname@example.org
5. AVAILABILITY OF PRODUCTS
In the case an order is placed but the products are not available under the terms of Art. 4, Sgaravatti Trend will contact the customer immediately and will ship the products that were not available in accordance with law (30 days from the day the order was placed). If, after 30 days, the costumer has still not received his/her products, Sgaravatti Trend will proceed with a full refund, without any additional cost.
6. WARRANTY & ASSISTANCE
Every products purchased from Sgaravatti Trend is subject to regulations on warranty and compliance of commodities, pursuant to D.Lgs. September 6th 2005, n. 206 ("Codice del Consumo").
When the order is being placed, the customer has to examine all the features of the product he/she is about to purchase.
The main features of the products are available on the company website (www.kalamitica.com), in their respective technical specifications. The images and the colours of the products on the website might not correspond exactly to the real products, because of the web browser or because of your computer monitor. Some pictures might be approximate, for example when different products appear in one picture or when the products are placed in a setting. You must refer only to the technical specifications that follow the description of every product.
If the customer detects a fault in the product, he/she is required to inform Sgaravatti Trend of such anomaly by filling out the good return form. If the request is approved, the customer will send the faulty product to Sgaravatti Trend, viale Europa 7, 35020 Ponte San Nicolo’ Padova. The customer can choose any courier; the product has to be carefully wrapped in its original package with a copy of the bill.
The new product will be sent by Sgaravatti Trend as soon as we receive the faulty product and the above mentioned documents.
7. CUSTOMER DUTIES
The customer declares that:
- he/she is an end user, in accordance with art. 3 of Codice del Consumo (i.e. that he/she is a natural person that is purchasing goods, not connected to his/her business or trade);
- he/she is over 18;
- that the information he/she provided to implement the contract are correct and accurate.
8. RIGHT OF WITHDRAWAL
Notice of contract termination
The customer has the right to terminate the contract without explanation no later than 14 days from the day he/she or a third person (not the courier or the the customer) physically receives the products.
The right of withdrawal, as for this contract, cannot be exercised if:
To exercise his/her right of withdrawal, the customer has to inform Sgaravatti Trend of his/her decision to terminate this contract through a written communication (via mail, fax or email) to the following addresses:
- Sgaravatti Trend S.r.l., Viale Europa 7, 35020-Ponte San Nicolò, PD, Italia.
- Phone number: +39 049 8968061
- Fax: +39 049 8961314
- e-mail: email@example.com
The customer can use the attached withdrawal form.
In order to terminate the contract, the customer has to forward his/her written communication during the period of time he/she has to withdraw from the contract.
The customer has to send or bring the goods to Sgaravatti Trend (to the above mentioned address), without delay and no later than 14 days from the day he communicated the withdrawal from the contract. The withdrawal is accepted if the goods are sent before the end of the 14th day.
The shipping costs for returning goods will be at the expense of the customer.
Consequence of withdrawing
If the customer terminates this contract, he/she will receive a full refund from Sgaravatti Trend, including shipping costs (with the exception of additional shipping costs if the customer chose a different and more expensive shipping method from the one we offer), without delay and no later than 14 days from the day we receive the request for withdrawal. The refund will be limited to products in perfect conditions and will be proportionally reduced in relation to the damages that were caused by the customer. The customer will be held responsible only for alterations that do not involve what is necessary to do in order to examine the condition, the features and the functions of the products.
Before refunding, Sgaravatti Trend will wait until it receives the products or until the customer proves that he/she have actually sent them.
Such refund will be executed through the same payment method used for the initial transaction, unless the customer has decided otherwise. In any case, he/she will not bear any other cost.
10. COMPETENT COURT
In the case of controversy between Sgaravatti Trend and the customer, the two parties can appeal to a neutral and competent mediator for an attempt at mediation.
If the customer refuses to proceed with such attempt, the Court where the customer resides or is domiciled (if he/she lives in Italy) will have exclusive jurisdiction over civil lawsuit regarding the terms of this contract.
If the customer is a resident of the European Union artt. 15-17 Reg. 44/01 UE will apply.
If the customer resides outside the European Union, the Court of that country will have exclusive jurisdiction.