General conditions of Sale

INTRODUCTION
The Seller cares particularly about the requirements and expectations of those using this e-commerce Site and wants to ensure that these users are always satisfied with purchases made through this portal.

For this reason, through these General Conditions of Sale (GCS) the Seller provides users with a suitable policy statement relating to all aspects governing the purchase, using online systems, of the products presented on the Site, in accordance with the provisions of Legislative Decree n° 206 of 6/9/2005 (“Consumers Code”), as amended by Legislative Decree n° 21 of 21/2/2014 implementing European directive 2011/83/EU which, in turn, amended the previous European directives 93/13/EEC and 1999/44/EC, repealing European directives 85/577/EEC and 97/7/EC.

These GCS therefore constitute an integral, essential part of the Agreement in respect of the purchase of any Item made through this site, and the sending of an Order by the Client entails acceptance thereof.
Therefore, when the Client sends a Purchase Order for an Item through the Site, the Client accepts these GCS, and states that it is in agreement as to its legal requirement to comply with the terms and conditions set forth below.

1. DEFINITIONS


Company: means axélero S.p.A. having its registered office in Via Cartesio, 2 - 20124 Milan and entered in Milan Companies' Register (Economic and Administrative Index n° 1978319 and VAT number 07731860966), the owner of this Site’s domain name and operator of the e-commerce platform operating on the Site which can be accessed through same.

Seller: means the legal entity which is a third party in respect of the Company and independent from it, being clearly identified in the Site and Platform, which uses the Site and the domain name, use of which is granted to it by the Company, and which proposes to sell the Item to the public through the Platform.

The Seller therefore is the sole party liable for correct selling of the Item to the Client, and it has declared that it is the lawful owner of the Item placed on sale, that it complies with applicable Italian and European legislation, and that it is authorized to engage in e-commerce activities.

Site: means this internet Site on which the Platform operates.

Platform: means the e-commerce platform operating on the Site which is accessible through same, by means of which the Seller is technically able to sell the Item. Access to the Platform is free of charge for the Client and, generally, for any user.

Item: means the product and/or service placed on sale by the Seller through the Platform.

Extralarge Item: means an Item weighing over 70 kg and/or which is voluminous (in other words greater than 419 cm (2 by height + 2 by length).

Client: means an adult or legal entity registered on the Site which, by forwarding the Order, makes an offer to the Seller to purchase the Item through the Site and to pay the price of same by means of the Platform which is accessible through the Site. Should the Client be a consumer under the meaning of article 3, paragraph 1 of the Consumers Code, he or she is covered by all the provisions set forth therein governing greater protection.

Order: means the offer to purchase an Item sent by the Client to the Seller through the Site and the Platform, which the Seller may accept by sending specific notification to the Client.

Agreement: means the sales agreement relating to an Item, which the Client enters into directly with the Seller by reason of its forwarding the Order, notification of acceptance of the latter by the Seller and payment of the related price.

Consumers Code: means Legislative Decree n° 206 of 6/9/2005.

General Conditions of Sale (GCS): means these contractual conditions which are published on the Site, which the Client may at any time view and print a copy of, and which relate to the sale of the Item by the Seller to the Client.

Every purchase of Items through this Site and the e-commerce Platform is governed by this document, and is classified as distance sales pursuant to article 51 et seq. of the Consumers Code.

Purchase Voucher or Coupon: means a document demonstrating entitlement which may be purchased by the Client on the Site through the Platform and downloaded and saved electronically and/or printed in hardcopy form, having a unique identification code which grants to the Client, for a period of no more than 90 (ninety) days following purchase, the right to purchase the goods or to use the chosen services at the Seller’s head offices or store, for the equivalent value indicated in the voucher.

2. PROCEDURE FOR PURCHASING THE ITEM

The procedure for purchasing an Item consists of the following steps:

2.1. Identification of the Client: The Client must register on this Site by entering its personal information (personal identification data, physical address and telephone number and any other information requested) and provide the Company and the Seller with valid consent to its data being processed and being given to the carrier (courier) and to any third parties for the purposes referred to in the General Conditions of Sale.
Once registration is complete, in order to proceed with the purchase, the Client must enter its access credentials (username and password) which must be freely chosen by the Client during registration, and compile the Order Form relating to the chosen Item.

2.2. Compilation of the Order Form: The Client must carefully read and fill in the electronic Order Form on this Site.

The Order Form shall clearly detail the following, in a manner which is easily comprehensible, prior to confirmation by the Client:

a) the essential characteristics of the Item placed on sale by the Seller through the Platform;

b) the Seller’s identification data and physical addresses (in the event that the Seller is a sole trader, name; if the Seller is a company, the company name; street address of the main offices and/or any branch offices; telephone and fax numbers; email address; any specific address where complaints must be directed, the name of any contact people);

c) the quantity of Items being ordered;

d) the total price of the Item (inclusive of all applicable taxes and duties);

e) the Item’s delivery costs (with any ancillary costs). In the event of an Extralarge Item, details of the delivery costs may be provided to the Client later, in compliance with the procedure set forth in paragraph 2.8;

f) the method, address and expected date of delivery for the Item, which under no circumstances must be more than 30 (thirty) days after the date on which the agreement is entered into;

g) the request for the Client to acknowledge receipt and acceptance of the General Conditions of Sale;

h) the request to acknowledge receipt and acceptance of the conditions set out for the Client to exercise its right of withdrawal, in addition to the method, costs and time frame for returning the Item and the related refund of the price which has already been paid (where applicable);

i) any request to issue an invoice; l) the total Order price (including taxation, duties and shipping costs);

m) the payment method chosen by the Client from amongst those expressly indicated in the Site and provided by the Platform;

n) all information on any commercial support or warranty services provided, including the Item’s legal compliance warranty, where applicable;

o) the information relating to any right of withdrawal, including conditions, terms and procedures for exercising such right.

Once the Order Form has been filled in, prior to sending the Order, the Client may print or save the Order electronically.

2.3. Sending the Order Form and payment of the price: The Client shall send the Order Form using the point and click method, or otherwise by selecting a virtual button on the Site which clearly and legibly states “Order and Pay”, or another analogous action requiring the Client to explicitly acknowledge the fact that sending the Order gives rise to an obligation to make payment of the price.

Payment of the Order’s total price is a condition precedent for considering the Agreement as having been entered into and for processing the Order.

Once the Order has been sent and the price paid, the Client shall receive by email - within the timeframe strictly necessary - confirmation notice of acceptance of the Order by the Seller and of payment of the price, containing a summary of the contents of the Order.

Together with this notice, the Client shall receive a copy of the privacy policy statement pertaining to the processing of personal data (which statement can always be viewed by the Client on this Site), information on how the Client may exercise its right of withdrawal, if contemplated, and the tracking code required for monitoring delivery of the Item by the carrier.

Should the Client have made a request to directly collect the Item from the Seller (“store collection” option), the tracking code shall not be communicated, and the alternative procedure provided for under article 4 below shall apply.
2.4. Completion of the Agreement: The agreement between the Client and the Seller shall be considered complete upon receipt by the Client of the notice of acceptance of the Order from the Seller and of payment of the related price.
2.5. Order filing: The Order Form shall be filed in the Platform’s database for the period of time required for fulfilling it and in all cases within legal time limits.

2.6. Denial of Order fulfilment and reimbursement of the price: The Seller may refrain from fulfilling the Order sent by the Client should the identification data entered by the Client in the Order Form prove to be incomplete or faulty. Should this happen, the Client shall be informed within the technical timeframe strictly necessary, by means of electronic mail, of the reasons why the Agreement cannot be performed, and the Client shall receive full reimbursement of any price already paid in accordance with the timeframe and in the manner provided for under article 8 below.

2.7. Non-availability of the Item: Should the Item no longer be available from the Seller for any reason, the Seller may temporarily suspend fulfilment of the Order, contacting the Client, by means of electronic mail, within 5 (five) business days following the date on which the Order Form is sent. The Seller shall provide the Client with all information regarding the expected timeframe for restocking and delivery of the Item, and may also propose an alternative Item with equivalent characteristics and value to the Client in lieu of the Item which is not available.

The Client is entitled, in such case, to withdraw from the agreement and to cancel the Order, refusing any alternative proposal received from the Seller. Should payment of the price already have been made, the Client shall receive full reimbursement of all sums paid in the manner and according to the timeframe provided for under article 8 below.

2.8. Extralarge Item: Should a voluminous (Extralarge Item) be ordered, the Order sent by the Client shall be accepted as a simple booking, without valuable consideration, of the Extralarge Item by the Client, and no price shall be charged.

Following the booking, within the technical timeframe which is strictly necessary, the Client shall receive a notice by electronic mail, containing the summary of the contents of the booking of the Extralarge Item, with the express indication to the effect that the Price has not been charged.

Within the following 5 (five) business days, the Client shall receive a second notice, again by email, confirming that the Extralarge Item is available, details of costs and shipping charges, the total price of the Extralarge Item (including duties) and a hypertext link to the Site www.PayPal.it, or otherwise information for paying the price by means of bank transfer, with information on the courier appointed to deliver the Item and any ancillary costs.

The Client shall remit payment of the price within 2 (two) business days of the date on which this second notice is received; failure to remit payment gives rise to cancellation of the booking and the Order.

3. SHIPPING AND DELIVERY OF THE ITEM
3.1. Except as otherwise agreed in writing between the Client and the Seller, the latter is under an obligation to deliver the Items to the Client without any unjustified delay, and in all cases by or before the 30 (thirty) calendar day time limit from the date on which the Agreement is completed, as provided for by article 61 of the Consumers Code.

The costs for delivering the Item, if any, are to be borne in their entirety by the Client, and vary according to the weight and volume of the Item, the delivery destination and any ancillary services selected.

Except in the case of Extralarge Items, for which the provisions of paragraph 2.8 apply, during the Order fulfilment process and prior to the Client sending same and completing the Agreement, all the shipping and delivery expenditure and costs for the Item ordered are provided to the Client, clearly and in a comprehensible manner.

Should it not be possible, in exceptional circumstances, to calculate delivery costs in advance, the Client shall receive clear information prior to sending the Order and completing the Agreement.

3.2. The Item shall be shipped by means of a carrier (courier) or through a shipping company which is unrelated to the Company and the Seller, which shipping company shall be indicated on the Site and the Platform when the Order is compiled and prior to sending of same, together with the transport conditions applied, except in the case of different instructions to be communicated to the Client in the Order Confirmation.
By sending the Order, the Client warrants and represents that it has viewed and accepted the above conditions.

3.3. Together with the Order confirmation, the Client shall receive the details for delivering the Item and the timeframe, together with the tracking code which enables monitoring of shipping status.

The Client may check the Item transfer stage:

1. By connecting to the Private Area, MyArea;

2. Directly on the carrier’s Site.

3.4. The Item may be delivered anywhere in Italy to the address provided by the Client in the Order Form. Items shipped may not be addressed to post office boxes and poste restante.

In cases where the Client cannot be located upon delivery of the Item, the Client shall have 30 (thirty) days to collect the Item, at its own expense, from the Seller’s head offices. Once this period has elapsed, the Seller may withhold the Item and the Client shall lose its right to be refunded for payments made.

When the Item is delivered, the Client must check that it is intact and in the event of any defect it must report it to the Seller within 24 hours of receiving the package.

3.5. The delivery obligation is deemed to have been performed by transferring material possession or control of the Item to the Client.

If the obligation to deliver the Item is not performed by the time limit as per paragraph 3.1, the Client shall be entitled to ask for the delivery to be completed within a supplementary time limit which is appropriate to the circumstances. Should such supplementary time limit expire without the Item having been delivered, the Client shall be entitled to terminate the Agreement.

3.6. However, the Client is under no obligation to grant the supplementary time limit referred to above:
a) should the Seller expressly refuse to deliver the Item, or otherwise;

b) should compliance with the time limit agreed by the parties for delivering the Item be considered a condition precedent, taking into consideration all the circumstances accompanying completion of the Agreement, or otherwise;

c) should the Client have informed the Seller in writing, prior to completing the Agreement, that delivery by or before a certain date is to be considered a condition precedent.

3.7. Should the Client not receive delivery of the Item within the agreed time limit or within the time limit as per paragraph 3.1, it is entitled to terminate the Agreement, without prejudice to its entitlement to seek damages. In such case, the Client is entitled to be reimbursed for all sums of money paid in order to perform the Agreement.

4. STORE COLLECTION
4.1. Without prejudice to the purchase procedure described in article 2 above, the Client may, where indicated, collect the Item directly from the Seller’s head offices and/or store, at its own expense, and without incurring any delivery costs, by making an express request to this effect in the Order Form.

4.2. In order to collect the Item, the Client must present his or her identity document (or the identity document of the person making the purchase), together with the printout of the electronic mail notice certifying the Order confirmation, no later than 30 (thirty) calendar days after the date on which the Order acceptance notice is received.

4.3. In such case, the time limit for withdrawal as per article 7 below, if any, shall take effect from the day on which the Client receives the Item, or otherwise from the day on which the Client should have accepted the Item pursuant to the above paragraph.

4.4. Should the Client fail to collect the Item from the Seller’s main offices and/or store within 30 (thirty) calendar days from the date on which the Order acceptance notice is received, the Seller shall be released from its obligation to deliver the Item and/or to guarantee availability thereof.

5. SELLER’S WARRANTIES
5.1. The Seller is the sole party liable for performing the sales agreement entered into with the Client in respect of the Item.

5.2. The Seller has title to the Item placed on sale, guaranteeing its authenticity, lawful provenance and conformity with the information published on the Platform.

The Item’s images and colours may however not fully match the actual images and colours; the images in fact have a purely illustrative purpose.

5.3. The Seller is liable for the lawfulness and conformity of the Item placed on sale with regard to applicable Italian and European laws in force.

5.4. The Seller warrants and represents that it complies with all requirements provided for under legislation in force, both with regard to authorization to carry on its trading activity, including through the use of electronic means, and with regard to distance sales.

5.5. In the event that the Item is affected by ascertained non-compliance, subject to the time limits provided for under applicable legislation, the Seller shall be required to restore the Item’s compliance without the Client incurring any additional costs.

6. PRICE AND PAYMENT METHODS
6.1. The price of the Item is expressed in Euro and may be changed and updated over time.

The sales price is as indicated in the Order Form and is inclusive of all applicable taxation and duties.

The total price of the Order also includes delivery costs and any costs for ancillary services selected by the Client, suitably distinct and set out in detail.

6.2. In the event of any material error in indicating the price which is self-evidently negligible in relation to the Item’s actual value, the Seller shall be entitled to correct the price prior to delivering the Item. Should the Client give notice that it does not wish to pay the corrected price, the sales agreement shall be deemed terminated and the price, if already paid, shall be returned to the Client.

6.3. In order to remit payment of the total price of the Order, when compiling the Order, the Client may select one of the following systems chosen by the Seller: bank transfer (IBAN code indicated in the payment form) and/or PayPal.

6.4. Should payment with PayPal be chosen, the Client shall be redirected to the online payment platform on the site www.paypal.it and from here it shall proceed to enter the data required for completing the transaction.

This information shall never be stored, including temporarily, on the Platform and it shall be used solely for completing the purchase operation and for alerting the Police Force to any fraud committed on the Platform.

6.5. With regard to the payment system chosen by the Client, neither the Company nor the Seller shall incur any liability in the event of any disruption or temporary malfunction of the payment platforms as per paragraph 6.4 above.

7. RIGHT OF WITHDRAWAL AND CONDITIONS FOR RETURNING ITEMS-VOUCHERS
7.1. Should the Client be a consumer, he or she is entitled to withdraw from the Agreement within 14 (fourteen) calendar days of the date on which the Item is received, and is entitled to be reimbursed for costs incurred, without incurring any other cost or penalty, and with no need to specify the reason for withdrawal.

7.2. In cases of multiple Items, meaning those Items ordered by the Client in a single Order but delivered separately, the time limit as per paragraph 7.1 shall run from the day on which the Client (or a third party other than any carrier or courier appointed by the Client) receives delivery of the final Item.

7.3. The right of withdrawal is excluded in the following cases:
  • audiovisual products, sealed computer software, once opened after delivery (including products included with hardware);
  • products which are specially packaged or which are clearly personalized;
  • products which may rapidly deteriorate or expire;
  • health articles, medical devices and electro-medical equipment, food supplements or slimming products and/or quasi pharmaceutical products and suchlike;
  • sealed products which cannot be returned for reasons of hygiene or which are for protection of health, once opened after delivery (such as, by way of non-limiting example, cosmetic products, perfumes, beauty creams, herbal medicines, etc.);
  • in general, in all the other cases contemplated by article 59 of the Consumers Code, or to which the provisions of the latter article, pursuant to article 47 of the Consumers Code, do not apply.
Possible limitations to the right of withdrawal may be highlighted in the Order Form when it is compiled by the Client.

7.4. In order to correctly handle returned Items relating to the Client exercising its right of withdrawal, by or before the time limits indicated in paragraph 7.1, the Client must carry out the procedure set forth below:

1) authenticate itself on the Platform using its own access credentials (username and password);

2) from its own private area, access the page for managing Orders and select the one relating to the Item for which the request to withdraw is made;

3) click on “Request Withdrawal” pertaining to the Item for which the request to withdraw is made;

4) compile every part of the electronic withdrawal form and send it by means of the Platform to the Seller;

5) select the “Item return” service (where the Client does not wish to directly use its own courier, carrier or shipping company) and accept to be charged the cost of the shipping required for returning the Item (in this case the Client does not have to pay anything to the courier and the cost of shipping, which shall be quantified in advance, shall be withheld from the sum to be refunded). Should the price of the Item for which the request to withdraw is made be lower than the shipping cost required for returning the Item, the “Item return” service will not be available and the Client must use its own courier.

6) view and accept these return conditions relating to the exercising of one’s right of withdrawal;

7) arrange return of the Item to the courier, taking care that the Item is returned in pristine condition, complete with all accessories (including authenticity and warranty certificates, user manuals, cables, etc.) and in its original packaging, devoid of any damage, inclusive of unaltered labels and security seals, if any; the products must not have been used, worn, washed or damaged.
Should the Client choose to avail itself of the “Item return” service, the Client shall receive the return instructions by post, together with the consignment note which must be printed and enclosed with the shipping.

8) indicate the reimbursement method from the following:

a) refund to the PayPal account used for the payment;

b) bank transfer (in such case it will be necessary to indicate the IBAN code and the account holder which must correspond with the name of the party making the payment).

7.5. As an alternative to the standard procedure provided for under paragraph 7.4, a Client who is also a consumer may also exercise its right of withdrawal in the following manner:

a) by sending to the Seller and to the Company, for its information, by means of distinct registered letters with return receipt, by or before the time limit as per paragraph 7.1, the withdrawal form, duly filled in, which can be downloaded from this Site and in accordance with the provisions of Annex I, part B, of the Consumers Code as cited by article 54 of the Code.

b) by sending to the Seller and to the Company, for its information, by means of distinct registered letters with return receipt, by or before the time limit as per paragraph 7.1., a clear written statement containing the statement regarding withdrawal from the Agreement.

7.6. The Seller shall advise the Client within 5 (five) business days of the date on which the Item subject to withdrawal is received, by means of electronic mail, of acceptance of return of the Item or the presence of any anomalies with relation to these General Conditions of Sale.

7.7. Provided that the right of withdrawal has been exercised in accordance with these conditions and within the agreed time limits, the Seller shall reimburse the amount subject to the terms and conditions set forth in paragraph 8.

7.8. In cases where the terms and conditions for withdrawal are not complied with, the Client shall not be entitled to any reimbursement.

7.9. Should the Client have purchased a coupon or voucher, it is entitled to exercise the right of withdrawal within 14 (fourteen) calendar days of the date on which the Order confirmation email is received.

7.10. Unless the Seller has offered to directly collect the goods, the Client is required to return the Item without any undue delay, and in all cases within 14 (fourteen) calendar days of the date on which it informed the Seller and, where required, also the Company, of the decision to withdraw from the Agreement. This time limit is deemed as having been complied with should the Client return the goods prior to the 14 day time limit expiry date.

The cost of returning the Item is always to be borne by the Client.

7.11. In accordance with the provisions of article 58 of Legislative Decree n° 206 of 6/9/2005 (Consumers Code), except as provided for with regard to consumer credit contracts, if the Client exercises its right of withdrawal, any accessory agreements are legally terminated, without the Client incurring any costs, with the exception of those contemplated by articles 56, paragraph 2, and 57 of the Consumers Code.

8. REIMBURSEMENT METHODS
8.1. The Seller shall reimburse all payments received from the Client (including any delivery costs) as quickly as possible and in all cases no later than 14 (fourteen) calendar days from the date on which the Seller gains knowledge of the fact that the Client has exercised its right of withdrawal, using the same means of payment used by the Client for the initial transaction.

Should the Client have expressly chosen a different, more costly type of delivery than the cheapest type offered by the Seller and/or in the Platform as the standard delivery method, no refund shall be due for the greater additional costs occasioned by the different type of delivery.

8.2. In the event that the Seller fails to fulfil the Order, the Seller shall reimburse all payments received from the Client as quickly as possible, and in all cases no later than 14 (fourteen) calendar days after the date on which the Seller advises the Client that the Item is not available or the date on which it receives the Client’s refusal to accept an Item having equivalent characteristics and value in lieu of the one which is not available.

8.3. Pursuant to article 56, paragraph 3 of the Consumers Code, the Seller may refrain from reimbursing the amount as per this article until such time as it receives the Item being returned, or otherwise until such time as the Client demonstrates that it has returned the Item to the Seller, according to which situation occurs first.

9. THE COMPANY’S ROLE
9.1. The Client expressly acknowledges that the Company has no role in the sales agreement and at no stage of same may be classified as a Seller.

9.2. The Client expressly acknowledges that the Company has no role in checking the legitimacy of the Item’s provenance and whether or not the Item complies with Italian and European legislation in force, or whether it conforms to the information stated in the related descriptive sheet, compilation of which is the sole responsibility of the Seller.

9.3. The Seller is the sole party authorized to manage the activities relating to logistics, payment validation and validation of the product return procedures as per article 8 above and the sole party authorized to substitute the Item and to pay any reimbursement due to Item non-availability.

9.4. Any objection or complaint or claim with regard to defects or discrepancies in the Items must be directed solely to the Seller.

10. APPLICABLE LAW AND JURISDICTION
10.1. The entirety of this Agreement and the General Conditions of Sale are governed by Italian law. The court in the place of residence or domicile of the Consumer, provided it is in Italy, exercises mandatory jurisdiction with regards to any dispute relating to interpretation, termination or performance of the Agreement and these General Conditions of Sale to which at least one Consumer is party.

11. AMENDING THE GENERAL CONDITIONS
11.1. These General Conditions of Sale may change over time and are subject to any regulatory amendments.

11.2. The new conditions shall be effective from the date of publication on this Site.

12. EFFECTIVENESS OF THESE CONDITIONS
12.1. The Company and the Seller do not warrant and represent that the contents of the Site are appropriate or lawful in other countries.

12.2. Should one or more of these General Conditions of Sale, where accepted, be found to be invalid, void or ineffective, this shall not render the remaining clauses invalid, ineffective or void and they shall continue to be valid and effective.