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GENERAL CONDITIONS OF ONLINE SALE
General provisions
These conditions are valid exclusively between the PROESIS company s.r.l., with registered office in Via G. Ferorelli n. 3/5 – 70132 BARI (BA), VAT number 07282790729, hereinafter referred to as 'PROESIS' and any person who makes online purchases on the websitehttps://www.outletdellelettrico.it/en/hereinafter referred to as 'CUSTOMER'. These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the sitehttps://www.outletdellelettrico.it/en/, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, D.lgs. n. 206/2005, modified by D.lgs. n. 21/2014 and from D.lgs. 70/2003 regarding electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, PROESIS sells and the CUSTOMER remotely purchases the products indicated and offered for sale on the sitehttps://www.outletdellelettrico.it/en/. The contract is concluded exclusively via the internet, by accessing the CUSTOMER at the addresshttps://www.outletdellelettrico.it/en/and the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by PROESIS.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choice by the CUSTOMER.
Before validating the order with 'payment obligation', the CUSTOMER is informed regarding:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline within which PROESIS undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (art. 8 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- after-sales assistance conditions and commercial guarantees provided by PROESIS.
The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to PROESIS, the geographical address, telephone number, e-mail address, information that is reported, including below:
PROESIS S.R.L.
registered office Via G.Ferorelli, 3/5 – 70132 – BARI (BA)
tel. 0805383312
e-mail:info@outletdellelettrico.it
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by PROESIS to the CUSTOMER of an order confirmation email.The email contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly communicate to PROESIS any corrections or changes to be made.
PROESIS undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences may arise between the product depicted on the site and the actual product. Furthermore, photographs of the products presented onhttps://www.outletdellelettrico.it/en/they do not constitute a contractual element, as they are to be considered representative only.
PROESIS undertakes to deliver the goods within three days of PROESIS sending the order confirmation email to the CUSTOMER.
ARTICLE 4 – Type of products
The products sold online by PROESIS are exclusively those of the specific advertisements.
The products may be NEW, NEW OUT OF PRODUCTION, NEW WITHOUT ORIGINAL PACKAGING or USED.
The product feature will be specifically indicated in the relevant advertisement.
ARTICLE 5 - Availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
- the products could be sold to other CUSTOMERS before the order is confirmed, due to the simultaneous presence of multiple users on the site;
- an IT anomaly could occur that makes a product available for purchase that in reality is not available.
Even after sending the order confirmation email sent by PROESIS, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed via e-mail; with this email the customer will also be informed of the methods and timing of reimbursement of any sums paid.
ARTICLE 6 - Payment methods
Payment by the Customer can be made in Euros using one of the payment methods indicated on the Site and listed below.
- Credit card: the confidential data of the credit card (card number, expiry date, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access to and does not store the data of the credit card used by the customer to pay for the products, not even if the customer proceeds to save the credit cards, except for the data relating to the holder of the card only. paper.
-PayPal: payment for products purchased on the site can be made using the PayPal payment method, if the Customer chooses this payment method he or she will be redirected to the site www.paypal.it where he can pay for the products according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed by the customer with PayPal. The personal data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the seller. The seller is therefore not able to know and does not store in any way the credit card data connected to the customer's PayPal account or the data of any other payment instrument connected to that account.
-Afterpay: if you purchase with Afterpay you receive your order immediately and pay in 3 installments. The installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees upon your express authorization of such assignment.-Bank transfer: during the purchase procedure, you can select the bank transfer as a payment method. The IBAN to be used to make the bank transfer is indicated in the ·payments· section of the Site. Once the credit has been received, the goods can be regularly shipped.
-Cash on delivery: by choosing this method, payment is made to the courier upon delivery of the product.
-Bank transfer: during the purchase procedure, you can select the bank transfer as a payment method. The IBAN to be used to make the transfer is indicated in the ·payments· section of the site. The goods will only be shipped once credit has been received.
ARTICLE 7 - Prices
All sales prices of the products indicated on the sitehttps://www.outletdellelettrico.it/en/they are expressed in Euros (€) and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment.
The CUSTOMER accepts PROESIS's right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of creation of the order and indicated in the confirmation email sent by PROESIS to the CUSTOMER.
ARTICLE 8 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to PROESIS via explicit declaration, which can be sent by registered mail a.r. or by accessing the reserved section of the spaceMy accountOn the sitehttps://www.outletdellelettrico.it/en/, with the creation of an IT return procedure to be sent via e-mail.
In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to PROESIS his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to PROESIS s.r.l. in via G. Ferorelli n. 3/5, 70132 - BARI (BA).
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessories) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, PROESIS will refund the amount of the products subject to the withdrawal within a maximum period of 14 days.
The consumer is solely responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Regarding the return of the product subject to withdrawal, all shipping costs will be borne by the CUSTOMER (art. 56 co. 2 Legislative Decree 206/2005).
As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, PROESIS may suspend the reimbursement until receipt of the goods.
PROESIS will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide PROESIS, by accessing the sectionContact us, the bank details necessary for the reimbursement by PROESIS.
ARTICLE 9 - Legal guarantee of conformity
In case of receipt of defective products or in any case not compliant with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product or, if the product is not repairable or is no longer available, to obtain the full refund.
The CUSTOMER can exercise this right if the defect appears respectively within two years for new products and one year for used products from delivery of the goods and reports the defect to PROESIS within two months of discovery.
ARTICLE 10 - Delivery methods
The products available in stock will be delivered to the address indicated by the CUSTOMER at the time of the order no later than 3 days from the date of receipt by the CUSTOMER of the order confirmation email sent by PROESIS. For products not available or currently being ordered, upon communication to the CUSTOMER of the arrival times, within the following three days from the date of actual receipt.
For every order placed on the sitehttps://www.outletdellelettrico.it/en/, PROESIS issues an invoice for the goods shipped, if requested by the CUSTOMER when placing the order. Any request to issue the invoice after the time of placing the order will be rejected.
The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
As an alternative to the invoice where it is not requested by the CUSTOMER or in case of data provided incorrectly or incompletely, a document will be issued c.d.e-commerce feeContaining the description, quantity and selling price of the goods purchased, replacing the non-mandatory receipt pursuant to article 2 – letter OO – D.P.R. 21/12/1996 n. 696
The products purchased must be considered shipped intact and in perfect working order by PROESIS. Any damage or breakages during transport will be borne by the CUSTOMER, unless the CUSTOMER integrates the shipping costs with the relevant insurance; in this case any damage or breakages occurring during transport will be borne by PROESIS.
ARTICLE 11 - Responsibility
PROESIS does not assume any responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times established by the contract.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, especially commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of PROESIS and are protected by intellectual property rights.
ARTICLE 13 - Integrality
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute relating to relations with consumers, pursuant to art.66 bis D.Lgs. 206/2005 (Consumer Code), territorial jurisdiction is mandatorily attributed to the court of residence or domicile of the consumer.
In case of disputes with buyers acting for professional purposes (B2B), pursuant to art. 25 EU regulation 1215/2012 and art.4 letter E of D.Lgs. 70/2003, the Court of the place of residence or domicile of PROESIS will be competent, i.e. that of Bari.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following European ODR platform available at the following linkhttps://webgate.ec.europa.eu/odr.
PROESIS adheres to the code of ethics of the Italian Electronic Commerce Association available at the following link:http://www.aicel.org/codice-etico-del.merchant-aicel . .