Italiano Terms of Sale
By means of these general online terms of sale, Idroair Di Anile Francesco, hereinafter also simply "Idroair", with registered office in Chiavari (GE), Via Entella 154/1, tax code NLAFNC81P30C351W, VAT number 01727770990, registered with the Genoa Chamber of Commerce under no. 111420, email address [email protected], telephone no. 3398566314, intends to regulate its commercial relationships with visitors and Buyers, as defined below, through its website www.itropack.com, hereinafter also simply the "Site".
In particular, these terms of sale set out the terms and conditions applied to the purchase of goods through the Site and apply to all contracts concerning the products sold by Idroair through the Site. Every purchase made through the Site implies full and unconditional acceptance of these general conditions, which prevail over any different agreements and may be derogated from only in writing. The User is required to read the Terms of Sale carefully before placing an online order. When placing an order through the web page, by confirming that they have read and accepted these terms of sale, the User declares to accept unconditionally the conditions and terms specified below.
Capitalised terms used in these Terms of Sale are to be understood according to the meaning given below in the "Definitions" section of this document. These Terms of Sale, together with the order confirmation, constitute the contract for the supply of goods between Seller and Buyer, as identified above. No other condition or term may apply.
The Seller may amend these Terms at any time. The Buyer is therefore required to accept only the Terms of Sale in force at the time of the relevant purchase, a copy of which will be sent to the Buyer at the email address indicated by the Buyer during registration on the Site. The Terms of Sale are also published on the Site, where they may be consulted and stored by the Buyer.
It is understood that the Terms of Sale do not regulate the supply of products by parties other than the Seller that may be present on the Site through links, banners or other hyperlinks.
The Site is aimed at, and these General Terms apply only to, purchases made by parties who cannot be classed as Consumers under the definition in art. 3, paragraph 1, letter A of Legislative Decree 206/2005 ("Consumer Code"), but only by natural or legal persons acting in the course of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof, so that Legislative Decree 206/2005 does not apply to this Contract.
These recitals form an integral and substantial part of the online sales Contract between Seller and Buyer.
1. Definitions
1.1. "Online sales contract" means the contract of sale relating to the Seller's tangible movable goods, entered into between the Seller and the Buyer within a distance-selling system using electronic means, organised by the Seller.
1.2. "Buyer" means the natural or legal person who makes the purchase under this contract, who does not have the status of Consumer and who therefore acts in the course of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof, so that Legislative Decree 206/2005 does not apply to this Contract.
1.3. "Seller" means Idroair Di Anile Francesco.
1.4. "User" means the natural or legal person who has access to the Site (as defined below), including through the registration procedure and creation of an account as provided for in article 3 below. 1.5. "Site" refers to the web page www.itropack.com.
1.6. "Products" means the tangible movable goods indicated and offered for sale on the site www.itropack.com.
2. Subject of the contract
2.1. By means of this contract, the Seller sells and the Buyer purchases, at a distance by electronic means, the Products.
2.2. The Products referred to in the previous point are illustrated and described, with their characteristics, in the respective descriptive sheets on the web page www.itropack.com/prodotti.
3. Registration on the site
3.1. Creating an account on the Site is free of charge.
3.2. If the User has already registered or has otherwise already created a personal account, the User may access the services offered by the Site by entering in the login form the authentication credentials of the account already in their possession.
3.3. To create an account by registering on the Site, the User must fill in a specific form, which will indicate the mandatory and optional data, entering: first name and surname or company name, address, telephone number, email address, tax code, VAT number and password; once this step is completed, the User must click on the "Register" button. At the end of this procedure, the User will receive the so-called "Registration Credentials" (username and password) at the email address indicated at the time of registration, which will be necessary to access the purchase of the products offered on the Site.
3.4. To proceed with registration the User must be of legal age and act as a professional; purchases through the Site by parties who can be classed as Consumers are excluded. To verify that the minimum age required by law is met, the tax code must be entered, while to verify and confirm that the purchase is made in the course of one's own business activity, the VAT number must be entered.
3.5. Creating an account allows the User who intends to purchase goods through the Seller's site to carry out directly through that site, among other things, the following activities:
a) saving and modifying their personal data;
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b) accessing all information relating to orders;
c) managing their personal data and updating it at any time;
d) using dedicated services that may be activated from time to time (e.g. viewing their "wish list", etc.).
3.6. The registered User guarantees that the information provided during the registration procedure is complete, correct and truthful. The User undertakes to keep the Seller harmless and indemnified from any damage, compensation obligation and/or penalty arising from or in any way connected with the User's breach of the rules on registration on the Site or on the safekeeping of registration credentials. The User is therefore solely responsible for access to the Site using their credentials and is directly liable for any damage or prejudice caused to the Seller or third parties by improper use, loss, misappropriation by others, or failure to keep their registration credentials adequately secret. All operations carried out using the credentials are deemed to have been carried out by the User to whom they refer.
3.7. By registering on the site the User agrees to receive communications from the Seller aimed at the performance of this contract.
3.8. In compliance with the legislation in force, the Seller reserves the right to refuse, at its own discretion, the registration of a User on the Site.
3.9. The User may at any time cancel their registration by filling in the appropriate form and sending the appropriate communication to the ordinary and certified email addresses indicated in art. 13 of this contract.
4. Conclusion and effectiveness of the contract
4.1. The Contract between Seller and Buyer will be concluded exclusively online. Once logged in to the Site, the Buyer must follow the instructions given there to formalise the purchase of the goods by filling in the forms prepared by the Seller. If they intend to buy online, the Buyer must select the desired goods, placing them in the cart configured by the Seller. Once the desired goods have been selected, the Buyer will be asked to close their cart, submitting to the Seller the list of the desired Products. Before submission, a page will be displayed to confirm the purchase order for the desired Products, showing the relevant prices and the options left to the Buyer, who must choose the delivery, transport and payment methods for the performance of the contract. Through the order confirmation the Buyer undertakes to check and validate, before sending it, their personal data, the goods that are the subject of the Contract, their prices, with any shipping costs and/or additional charges, confirming the chosen payment methods and terms, the delivery address, and any other data requested. Once the required checks have been carried out, the Buyer must finally select the interactive button - located at the bottom of the web page - by clicking on the "Confirm" box, thereby submitting the order to the Seller.
4.2. The online publication of the goods through the Site constitutes a mere invitation to make an offer so that the Buyer may formulate their own purchase proposal; accordingly, the Buyer's order, previously confirmed by them, constitutes solely a contractual proposal, subject to these General Terms of Online Sale, which the Buyer declares to know and accept. In particular, by sending the order the Buyer acknowledges and declares that they have read all the indications provided to them during the purchase procedure, as well as the further information contained on the Site relating to the Privacy Policy, and that they accept fully and unconditionally these Terms of Sale. The order confirmation - duly completed and checked as instructed - will be acknowledged by the Seller with a receipt sent to the Buyer's email address solely to confirm its receipt in the Supplier's computer system, which will thus begin to process the order, checking the data provided by the Buyer, such as the availability of what was requested. The Supplier's receipt does not constitute acceptance of the purchase proposal. This receipt - with the attached "Order Number" to be used in all communications with the Supplier - restates, in addition to the information required by law, all the data referred to above, which the Buyer will check again, promptly notifying the Seller of any necessary correction. Should the prices or other characteristics of the goods and/or services promoted online be found to be incorrectly indicated, or the requested goods be unavailable, the Seller will promptly notify the Buyer, inviting them - if still interested - to amend the order or, after cancelling the previous one, to place a new order, in the manner that will be promptly communicated.
4.3. The Seller is entitled to accept or not, at its sole discretion and for any reason, the order sent by the Buyer, without the latter being able to assert any rights and/or claims of any kind, on any grounds, including compensation, for the non-acceptance of the order. The Contract will be concluded only when a separate email accepting the purchase proposal is sent, which will also contain information on the shipment and the expected delivery date (Shipping Confirmation). The Seller will notify the Buyer of any refusal of the order received within 48 (forty-eight) hours starting from the working day following the one on which the Buyer submitted the order, and will refund any sums already paid for the products.
4.4. If the order is fulfilled in several shipments, the Buyer may receive separate and distinct Shipping Confirmations. The Buyer may in any case cancel their order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case no charge will be made.
4.5. Once the email accepting the purchase proposal has been received, the Buyer must pay the total amount of the order by bank transfer, using the bank details indicated in the confirmation email, or by credit card following the instructions provided. The sales contract is subject to the condition precedent of Idroair's receipt of the above payment for the full amount of the order. The shipping and delivery times for the Seller will begin to run from receipt of full payment. In the event of failure to pay in full within 15 days of the Seller sending the email accepting the purchase proposal referred to in point 4.3 above, the contract shall be deemed terminated by operation of law through the Buyer's fault.
4.6. The Contract will not be concluded and will remain without any effect if the procedure set out in this article is not duly followed.
4.7. For any error, misprint or problem in completing the online forms and, more generally, in carrying out the purchase procedures, the Buyer is invited to contact the Seller without delay.
5. Payment methods
5.1. Any payment by the Buyer may be made only by means of one of the methods indicated in the purchase form (bank transfer or credit card).
5.2. For transaction security reasons, the Seller reserves the right to request the details or a copy of an identity document of the credit card holder.
5.3. In the case of payment by credit card, at the same time as the email accepting the purchase proposal referred to in point 4.3 is sent, the amount corresponding to the product(s) purchased will be charged to the Buyer. If, for any reason, the amounts due from the Buyer are not charged, the sales process is automatically cancelled and the sale is automatically void.
5.5. The Seller will issue the purchase receipt for the product(s), making it available on the buyer's personal page. For the issue of the receipt, the information provided by the Buyer shall be authoritative. No change to the data will be possible after the receipt (or the invoice, if requested by the Buyer) has been issued.
5.6. Any refund to the Buyer will be credited to the Buyer using the same payment instrument used by the Customer for the purchase.
6. Delivery times and methods
6.1. The Seller will deliver the selected and ordered Product(s) in the manner chosen by the Buyer or indicated on the website at the time the product is offered, as confirmed in the email accepting the purchase proposal referred to in point 4.3.
6.2. Shipping and delivery times may vary from a minimum of 3 working days from the order itself to a maximum of 15 working days from its confirmation and are communicated to the Buyer as an indication on the page dedicated to each individual product and more precisely at the time of order confirmation. If the Seller is unable to meet these deadlines, but in any case within the one indicated in the following point, or if delivery is delayed or excessively burdensome for reasons attributable to the Buyer, the Buyer will be promptly notified by email.
6.3. The delivery methods, times and shipping costs are clearly indicated and highlighted by accessing the "My orders" area of the Site.
7. Information on products and prices
7.1. Each product is accompanied by an information sheet illustrating its main characteristics (the "Product Sheet").
7.2. The visual representation of the products on the Site, where available, normally corresponds to the digital photographic image accompanying the descriptive sheet. The image is intended solely to present the products for sale and for this purpose is representative of their characteristics.
7.3. Idroair cannot guarantee a perfect match between the actual appearance of the goods and their representation on the Buyer's monitor; in the event of discrepancies between the image of the goods visible online and the relevant information sheet, drawn up in writing, only the latter shall be authoritative.
7.4. All selling prices of the products displayed and indicated on the Site are expressed in euro and include VAT and any other taxes.
7.5. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Buyer submits the order and are also contained in the order summary web page.
7.6. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
8. Availability of products
8.1. The Seller ensures, through the electronic system used, that orders are processed and fulfilled without delay.
8.2. The availability of products is indicated in the "Product Sheet", which also indicates whether they are sold out or otherwise not immediately available. If the Products are available, an indicative estimate of shipping times is also given. Such availability must in any case be considered purely indicative and non-binding.
8.3. If an order exceeds the quantity in stock, the Seller will inform the Buyer by email whether the product can no longer be reserved or what the waiting times are to obtain the chosen product, asking whether they wish to confirm the order or not.
8.4. In the case of orders concerning several products (the so-called "Multiple Order"), if the unavailability concerns only some of the products in the Multiple Order, the Seller will immediately notify the Buyer by email and the Buyer will then be entitled to terminate the contract immediately, limited to the product(s) not available (or that have become unavailable).
8.5. If the Buyer does not confirm the order and the total amount due has already been paid, including any other additional costs, the Seller will refund the amount due without undue delay and, in any case, within 14 (fourteen) working days of the order being sent. The amount of the refund will be communicated to the Buyer by email.
9. Seller's liability
9.1. The Seller assumes no liability for disruptions attributable to force majeure if it is unable to fulfil the order within the times provided for in the contract. For the purposes of this contract, the following are considered cases of force majeure, by way of example but not limitation: wars, epidemics, pandemics, fires, floods, production interruptions, shortage of stock in the warehouse, strikes.
9.2. The Seller cannot be held liable towards the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions connected with the use of the Internet network outside its control.
9.3. The Seller will also not be liable for damages, losses and costs suffered by the Buyer as a result of non-performance of the contract for reasons not attributable to the Seller, without prejudice in any case to the Buyer's right to a full refund of the price paid and any additional charges incurred.
9.4. The Seller assumes no liability in the event of any fraudulent and unlawful use that third parties may make of credit cards, cheques and other means of payment when paying for the products purchased, if it proves that it has taken the precautions possible under ordinary diligence, in compliance with the legislation in force at the time of purchase.
9.5. In no case may the Seller's liability for defects exceed the value of the Product and, therefore, the amount of the price initially paid by the Customer.
10. Seller's warranty
10.1. The Seller guarantees that the Products sold correspond in quantity, quality and type to what appears in the order confirmation and that they are free from defects that could make them unfit for the use for which they are intended, for a period of 12 months from delivery.
10.2. Pursuant to the Civil Code, the Seller will remedy any defects of the Products attributable to the Seller for a period of twelve months from delivery, provided that they are promptly reported in writing by the Customer to Idroair within 8 (eight) days of delivery for apparent defects, or of discovery for hidden defects. If the reported defect is attributable, directly or indirectly, to the Customer's activity (e.g. modifications, incorrect use or storage of the Product), no warranty will be due.
10.3. Following the written report referred to above, on pain of forfeiture of the warranty, the Customer undertakes to allow the Seller to inspect the Product considered defective, including by returning it within 10 days of the Seller's request.
10.4. If, following the check referred to in art. 10.3, the defects complained of are found to be actually present, the Seller may, at its option, replace or repair the Products at its own expense, or credit the Customer with a sum corresponding to the invoiced price of the defective Products, using for the refund the same payment instrument used by the Customer for the purchase.
11. Buyer's obligations
11.1. The Buyer undertakes to pay the price of the product purchased within the times and in the manner indicated in the contract.
11.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
11.3. The information contained in this contract is deemed to have been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase is confirmed.
12. Right of withdrawal
12.1. These General Terms of Sale exclusively govern the sale of Products to Customers acting in the course of their entrepreneurial, commercial, craft or professional activity, or their intermediaries, so that Legislative Decree 206/2005 (Consumer Code) does not apply to this Contract. Consequently, the Buyer has no right of withdrawal.
13. Communications and complaints
13.1. Written communications (e.g. requests for information) addressed to the Seller, requests for assistance and any complaints will be considered valid only if sent in writing.
13.2. The Buyer indicates in the registration form their residence or domicile, the telephone number or the certified and ordinary email address to which they wish the Seller's communications to be sent.
14. Jurisdiction, applicable law and dispute resolution
14.1. This contract is governed by Italian law. For anything not provided for in these contract conditions, the Civil Code shall apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14.2. The parties will attempt to resolve any disputes amicably, promptly and fairly. If an amicable settlement cannot be reached, all disputes arising from this Agreement, or in any case connected with it, will be referred to Italian jurisdiction and to the exclusive competence, depending on the value of the claim, of the Justice of the Peace of Chiavari or the Court of Genoa.
15. Intellectual property rights
15.1. All content, in any format, published on the Site, including web pages, graphics, colours, layouts, tools, fonts and the design of the website, diagrams, layout, methods, processes, functions and software that are part of the Site, are protected by copyright and by any other intellectual property right belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited without the express written consent of the Seller. The Seller has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents.
15.2. With regard to the use of the Site, the Buyer is authorised only to: a) view the Site and its contents; b) carry out all other temporary acts of reproduction, without independent economic significance, that are considered transient or incidental, an integral and essential part of the viewing of the site and its contents; c) carry out all other browsing operations on the Site that are performed solely for a legitimate use of it and its contents.
15.3. The Seller guarantees the authenticity of all products offered for sale on the Site.
15.4. The Seller's trademark, as well as all figurative and non-figurative marks and, more generally, all other marks, illustrations, images and logos on the Seller's products, their accessories and/or packaging, whether or not registered, are and remain the exclusive property of the Seller.
16. Available languages and usability of the Site
16.1. The Site and its services are available in Italian. In addition to that version, the Site can also be consulted in English.
16.2. These General Terms of Online Sale are available in Italian. If translated into other languages, in the event of interpretative conflicts the only authoritative version will be the Italian one.
16.3. Accessible from computers, tablets, smartphones or other devices, wherever located, the Site promotes goods intended mainly for the national market. Orders from third countries, subject to what is specified below, will be accepted and fulfilled, without prejudice to the Seller's right not to accept the order under art. 4.3.
Art. 17. Processing of personal data
17.1. By signing this contract, the Buyer, in accordance with European Regulation no. 2016/679 (General Data Protection Regulation, known as GDPR) and Legislative Decree no. 101/2018, consents to the processing of their personal data for the purposes and in the manner described in the notice on the Site.
17.2. In particular, the Buyer is informed that the personal data provided are necessary for the supply of the services provided for in this contract and that refusal to provide such data results in the contract not being entered into.
18. Amendment and updates
18.1. These General Terms of Sale are amended from time to time by the Seller, also in view of any regulatory changes. The new General Terms of Sale will be effective from the date of publication on the Site.
