Terms and Conditions of Use | italcomsrl.com
ITALCOM SRL with registered office in CASSOLA (VI), Via Nicolò Paganini 5, C.F. VAT number IT02418070245 is the owner of the italcomsrl.com website.
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE1.1 – The contract stipulated between ITALCOM SRL and the Customer must be considered concluded with the acceptance, even if only partial, of the order by ITALCOM SRL. This acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
1.2 – If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep these conditions general terms of sale, in compliance with the provisions of articles 50 and subsequent of Legislative Decree 206/05.
1.3 – Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.
2. PRICES2.1 – The sale prices of the Products, which do not constitute an offer to the public pursuant to art. 1336 of the Civil Code, the shipping costs and payments will be those chosen by the customer on the website www.italcomsrl.com when sending the order.
2.2 – All prices on www.italcomsrl.com are inclusive of VAT, unless otherwise indicated.
2.3 – The Customer must immediately notify ITALCOM SRL of any error or omission of any kind in the payment conditions and prices, contained in the order summary page and/or in the order confirmation e-mail.
2.4 – ITALCOM SRL reserves the right to change the prices published on www.italcomsrl.com at any time.
2.5 – The prices of the products published from time to time cancel and replace the previous ones and are subject to the actual availability of the products.
2.6 – ITALCOM SRL also reserves the right to change the payment conditions at any time when, in its opinion, the Customer’s financial conditions, previous payment records or the nature of its relationship with ITALCOM SRL suggest such changes.
3. HOW TO PURCHASE3.1 – The Customer can only purchase the products present in the electronic catalog of the www.italcomsrl.com site at the time the order is forwarded, as described in the relative information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ in colour, size, accessory products present in the figure. All purchasing support information (Glossary, Purchasing Guide, etc…) is to be understood as simple generic information material, not referable to the real characteristics of a single product.
3.2 – Correct receipt of the order is confirmed by ITALCOM SRL by means of an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain the date and time of execution of the order and an ‘Order Number, to be used in any further communication with ITALCOM SRL. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, using the customer service.
3.3 – In case of non-acceptance of the order, ITALCOM SRL guarantees timely communication to the Customer.
4. METHOD OF PAYMENT4.1 – Credit card: in cases of purchase of goods with credit card payment methods, the credit card is charged at the same time as the online transaction is concluded.
4.2 – In the event of cancellation of the order, both by the Customer and in the event of non-acceptance of the same by ITALCOM SRL, ITALCOM SRL will proceed with the refund by bank transfer or, alternatively, by bank cheque.
4.3 – ITALCOM SRL reserves the right to ask the Customer for additional information (eg landline telephone number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, ITALCOM SRL reserves the right not to accept the order.
4.4 – At no time during the purchase procedure is ITALCOM SRL able to know the information relating to the purchaser’s credit card, transmitted via secure connection directly to the website of the bank which manages the transaction. ITALCOM SRL can keep such data only upon explicit request and consent of the customer: in this case ITALCOM SRL guarantees that such data are stored according to certified safety standards and that they are always displayed in masked mode.
4.5 – Advance bank transfer: the method of payment by advance bank transfer provides that the order is processed only after the payment by the Customer and receipt by ITALCOM SRL of the bank transfer. The data to make the transfer are communicated on the order confirmation page and in the order confirmation e-mail sent to the Customer. The purpose of the bank transfer must include the order number and name and surname of the order holder.
4.6 – Purchases via PayPal: in cases of purchase of goods with PayPal payment methods, together with the conclusion of the online transaction, PayPal will immediately debit the amount relating to the purchase made.
5. METHODS AND COSTS OF DELIVERY5.1 – For each order placed on the website wwww.italcomsrl.com, ITALCOM SRL issues a regular receipt or invoice where expressly requested. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make any changes to it.
5.2 – Any invoice, if expressly requested by the customer, will be sent electronically to the email address specified by the customer at the time of registration or order validation.
5.3 – Delivery costs, if any, are charged to the Customer and are clearly stated when placing the order. Nothing is owed more by the Customer than the total order.
5.4 – No responsibility can be attributed to ITALCOM SRL in the event of a delay in the order or in the delivery of the order.
5.5 – The delivery of the order is understood to be at street level except for:
- different communication from our customer service,
- as provided for in the product technical sheet,
- the explicit purchase of delivery to the floor, where applicable.
- that the number of packages delivered corresponds to what is indicated on the accompanying invoice
- that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal strapping).
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the procedures set out in this document.
5.6 – In the event of failure to collect the material in storage at the courier’s warehouses within 5 working days due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the ordered goods will be returned to the ITALCOM warehouses SRL .
6. RIGHT OF OWNERSHIP AND PASSING OF THE RISK OF LOSS OF THE ASSET6.1 – The goods sold remain the property of ITALCOM SRL until full payment of the goods by the Customer. The right of ownership over the Products passes to the Customer after full payment of the products themselves or their delivery, whichever occurs last. The risks of breakage and/or deterioration of the Products pass to the Customer upon delivery of the goods to the Courier. The goods travel at the Customer’s risk and peril, even if sold free on arrival.
7. RIGHT OF WITHDRAWAL7.1 – Pursuant to articles 64 and subsequent of Legislative Decree 206/05, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a reference in the order form VAT number), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
7.2 – To exercise this right, the customer, within 10 working days from the date of receipt of the goods, must send a communication by registered letter with return receipt, declaring that he wishes to exercise the right of withdrawal to:
Via Nicolò Paganini 7
36022 Cassola (Vicenza)
The Customer will not pay anything for the return of the product, with the exception of the shipping costs relating to the return of the goods. ITALCOM SRL will also proceed, within 14 days from the return of the goods, to re-credit the amount after having verified the integrity of the goods. The re-credit will take place by bank transfer or Paypal transfer at the discretion of ITALCOM SRL if the Customer has used this system for payment; in the case of bank transfer, the customer will promptly provide the bank details on which to obtain the refund (IBAN and current account holder).
For the purposes of the 10-day deadline, the goods are considered returned when they are delivered to the courier.
The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and boxes), kept and possibly used according to normal diligence, without any signs of wear or dirt.
7.3 – The return of the Product must take place within and no later than 10 working days with an insured package carriage paid at the headquarters of ITALCOM SRL
7.4 – The return delivery for the right of withdrawal and the costs related to it are the sole responsibility of the Customer. ITALCOM SRL cannot in any way book a shipment on behalf of the Customer and/or anticipate the costs.
7.4 – The right of withdrawal is in any case subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g.: accessories, cables, etc…);
- the right does not apply: (i) to sealed electronic products (including those attached to hardware material), once opened; (ii) to products made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly; (iii) to products supplied by goods and services whose price is linked to fluctuations in rates on the financial market that the supplier is unable to control; (iv) of products not available at ITALCOM SRL and purchased on a specific order by the Customer; ITALCOM SRL reserves the right to request, for other goods not attributable to the aforementioned categories, the explicit renunciation of the exercise of the right of withdrawal by the Customer;
- the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc…); to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the affixing of labels or adhesive tapes directly to the original packaging of the product should be avoided;
- under no circumstances will parcels with cash on delivery or carriage forward be collected;
- the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer;
- in the event of damage to the goods during transport, ITALCOM SRL will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier of his choice and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- ITALCOM SRL is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;
- upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original package and/or packaging are damaged, ITALCOM SRL will deduct a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
- the non-diligent use of the asset that has compromised its integrity, or the use of any consumables;
- the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product (accessories, cables, manuals, parts, …);
- damage to the product for reasons other than its transport.
8. ACCEPTANCE AND REFUNDS8.1 – The products will be considered accepted by the customer at the time of their delivery. Without prejudice to the case in which the Customer exercises the right of withdrawal, pursuant to art. 7 above, this acceptance is presumed until the Customer notifies ITALCOM SRL, in the shortest possible time and in any case no later than 14 working days from the day of receipt of the Products, that the Products themselves have been delivered in conditions of inoperable or otherwise are defective.
8.2 – Following this latest communication, ITALCOM SRL will, at its choice, replace the defective products or refund the amount paid by the Customer for their purchase.
8.3 – ITALCOM SRL has the right to test the Products upon their return and to charge the Customer for any cost incurred by ITALCOM SRL in the event of a false report of inoperability or defectiveness of the Products.
8.4- The return of Products purchased through special offers or promotions or as part of a “package” of products may be subject to specific conditions, as described in them or otherwise communicated to the Customer. No refund is allowed for individual inoperative products purchased as part of a “package”, but ITALCOM SRL may alternatively: (i) replace that individual product; (ii) demand the return of the entire “package” of products and reimburse the amount paid by the Customer for the purchase of that same “package”.
8.5 – ITALCOM SRL reserves the right to request the reimbursement of any promotional discount on Products other than the defective ones purchased by the Customer, when such discounts have been granted on the purchase of the Product, which has been returned and the price of which has been reimbursed by ITALCOM SRL
9. GUARANTEES AND ASSISTANCE9.1 – All products sold by ITALCOM SRL are covered by the manufacturer’s conventional guarantee for a minimum of 12 months, and by the 24-month guarantee for lack of conformity, pursuant to Legislative Decree 206/05. To use the warranty, the customer must keep the receipt or invoice received. The manufacturer’s standard warranty is provided either directly by ITALCOM SRL or by contacting the assistance centers set up by the manufacturer directly. Subject to improvement conditions provided by the various manufacturers. To take advantage of these extended guarantees, the customer must refer directly to the manufacturer and its direct assistance centres. In some cases the choice depends on the Customer, in others the procedure foreseen by the manufacturer must be used exclusively.
9.2 – The 24-month warranty pursuant to Legislative Decree 206/05 applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and with the provisions of the attached technical documentation. This guarantee is reserved for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or who makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, ITALCOM SRL shall restore the conformity of the product by means of repair/replacement or a reduction in price, at no cost to the Customer, until the termination of the contract.
9.3 – In any case, the Customer must have the object, of which he claims the alleged non-compliance, prevented from ITALCOM SRL.
9.4 – In the event that, for any reason, it is unable to return a product under warranty to its customer (restored or replaced), ITALCOM SRL may proceed at its discretion to refund the amount paid taking into account the use of the good or to replace it with a product of equal or superior characteristics.
9.5 – The repair times or any replacement of the product depend exclusively on the policies of the manufacturer / importer and no damage can be requested from ITALCOM SRL for any delays in carrying out repairs or replacements.
9.6 – In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. ..); to limit damage to the original packaging, we recommend placing it in a second box; the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.
9.7. – If, following intervention by an Authorized Assistance Center, or by ITALCOM SRL for its products, the alleged defect should not be covered by the manufacturer’s standard warranty, but due to tampering or damage caused by the Customer for improper use, or other, of the goods, the Customer will be charged for any costs of verification and restoration, as well as transport costs, if incurred, by ITALCOM SRL.
9.8 – If, following a technical verification carried out by the manufacturer, the defect does not result in a lack of conformity, based on Legislative Decree 206/05, the Customer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transport costs, if incurred, by ITALCOM SRL.
9.9 – Conventionally, any right of the Customer to compensation for damages or indemnities is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things.
10. LIMITATIONS OF LIABILITY10.1 – Without prejudice to the cases of willful misconduct or gross negligence of ITALCOM SRL, it is hereby agreed that, should ITALCOM SRL’s liability in any capacity towards the Customer be ascertained – including the case of non-fulfilment, total or partial, the obligations undertaken by ITALCOM SRL towards the Customer as a result of the execution of an order – the liability of ITALCOM SRL cannot be higher than the price of the products purchased by the Customer and for which the dispute has arisen.
10.2 – Any liability of ITALCOM SRL for delays in delivery cannot exceed the amount of the shipping costs incurred by the Customer.
11. CUSTOMER’S OBLIGATIONS11.1 – Once the purchase procedure envisaged by the website www.italcomsrl.com has been concluded, the Customer undertakes to print and keep these general conditions and the information contained on the website www.italcomsrl.com dedicated to information on the methods of purchase.
11.2 – It is forbidden for minors to place orders. ITALCOM SRL reserves the right to legally prosecute any violation and abuse.
13. JURISDICTION AND APPLICABLE LAW13.1 – The sales contract between the Customer and ITALCOM SRL is understood to be concluded in Italy and governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the website www.italcomsrl.com is subject to Italian jurisdiction.
14. JURISDICTIONFor the solution of any civil and criminal dispute deriving from the conclusion of this remote sales contract, or which is in any case connected to them, it will be devolved to the Vicenza Court.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to accept the General Conditions of Sale listed above.