Terms and conditions

Terms and Conditions Automazione-cancelli.net

The site www.automazione-cancelli.net(”Site ”) hosts a technological platform (” Platform ”), conceived and managed by EURO ETP Sas (ETP), with registered office in Via Donizetti, 9 – 59016 Poggio in Caiano (PO), registered in the Prato Business Register, under no. 467219 REC N. 2707, VAT number IT01266650769 (telephone 055.8778855, fax 055.8799391), which allows you to connect third party sellers (” SELLER ”) and buyers, for the purpose of online sale of goods and/or services.
On the Site, users can therefore purchase products and/or services sold by Sellers.
The Site always clearly indicates the product and/or service is sold by the SELLER. ETP is part of the sales contract between the user and the SELLER which is concluded exclusively between the Seller and the user under the conditions and terms set out in the applicable Sales Conditions.
Below are the general conditions of sale of the Site, that is the general conditions of sale applicable to the products and/or services specifically indicated on the Site as “sold and shipped by the Seller” in the event that the purchase contract for such products and/or or services is concluded through the Site.
The general conditions of sale are applicable to all Consumer Customers.
This document governs the general conditions of sale between the buyer and the seller(ETP) if the product is purchased through the “Site”

1. Scope and conclusion of the contract

1.1 These General Conditions of Sale govern the offer and sale through the Site of the products and / or services specifically indicated on the Site as “sold and shipped” by the SELLER or ETP, in the event that the purchase contract for such products and / or services is concluded through the Site (“Products”).

1.2 The sale of the Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.3 These Conditions of sale apply to all sales of the Products made through the Site (” Conditions of sale ” or ” GCS ”). They can be changed at any time. Any changes will be effective from the moment of their publication on the Site in the ” Conditions of sale ” section, present in the footer of each page of the Site. Users are therefore invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the Conditions of Sale.

1.4 The applicable Sales Conditions are those in force on the date of transmission of the purchase order for a Product.

1.5 Before proceeding with the purchase of Products through the Site, the user is required to carefully read these General Conditions of Sale, which ETP makes available to him in the “Conditions of Sale” section of the Site and which he is allowed to store. and reproduction, as well as all other information that ETP provides on the Site, both before and during the purchase procedure.

1.6 These Conditions of Sale do not regulate the sale of products by parties other than ETPs that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. ETP is not responsible for the provision of services and / or for the sale of products by such parties. On the websites accessible through these links, ETP does not carry out any checks and / or monitoring. ETP is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

2. Purchases on the Site

2.1 The purchase of Products through the Site can only take place after registering on the Site in the manner referred to in art. 3 below and is allowed both to users who have the quality of consumers and to users who do not have this quality. Individuals are allowed to purchase only on condition that they are over 18 years of age.

2.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that the consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

2.3 In the case of orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made, ETP reserves the right to take all necessary actions to stop the irregularities, including the suspension of access to the Site, the cancellation of registration on the Site or the non-acceptance or cancellation of irregular orders.

2.4  Finally, ETP reserves the right to refuse or cancel orders that come from: a) by a user with whom it has an ongoing legal dispute;
b) by a user who has previously violated these GCS and/or the conditions and/or terms of the purchase contract with ETP;
c) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;
d) by users who have issued false, incomplete or in any case inaccurate identification data, or who have not promptly sent ETP the documents requested by the same as part of the procedure referred to in Articles 9.1.2 and 9.1.3 below or that they have sent you invalid documents.

3. On Site Registration

3.1 Registration on the Site is free.
To register on the Site, the user must fill in the appropriate form, entering name, surname, e-mail address and a password and click on the ” Continue ” button.
In the event that registration takes place during the purchase process, the insertion of the address, telephone number and tax code will also be required.
Registering on the Site allows the user to carry out the following activities through a private and personal area, among others:
– follow the tracking of the shipment and the status of the orders;
– consult your order history;
– access after-sales assistance services;
– manage their personal data and modify them at any time;
– add or modify the saved credit card (s) or delete the memorization of the same (s);
– take advantage of the dedicated services that can be activated from time to time by ETP.

3.2 The registration credentials (e-mail address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform ETP by contacting it at the numbers referred to in art 15 below, in the event that you suspect or become aware of an improper use or undue disclosure of the same. Each user is allowed to register on the Site for one time only. The same user is prohibited from making multiple registrations. In the event that ETP detects that the same user has made multiple registrations on the Site, ETP reserves the right to proceed, immediately and without prior notice, to block the relevant account or the Unique Profile.

3.3 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold ETP harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by of the rules on registration on the Site or on the conservation of registration credentials.

4. Information aimed at the conclusion of the contract

4.1In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, ETP informs the user that:

1. to conclude the purchase contract for one or more products on the Site, the user must fill in an order form in electronic format and send it to ETP, electronically, following the instructions that will appear on the Site from time to time;
2. the contract is concluded when the order form reaches the ETP server;
3. before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase;
4. The registration credentials (e-mail address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform ETP by contacting it at the numbers referred to in art. 15 below, in the event that you suspect or become aware of an improper use or undue disclosure of the same. Each user is allowed to register on the Site for one time only. The same user is prohibited from making multiple registrations. In the event that ETP detects that the same user has made several registrations on the Site, ETP reserves the right to proceed, immediately and without prior notice, to block the relevant ETP account or the Unique Profile.
5. The order form will be stored in the ETP database for the time necessary to execute it and, in any case, within the terms of the law. The user will be able to access the order form and / or the related data through their personal account.

4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language and English.

5. Availability of Products

5.1The Products that can be purchased through the Site are the items present in the electronic catalog published on the Site and viewed by the user at the time the order is placed, as well as the products present in the electronic catalog published on the Site. as “sold and shipped by Sellers”. The Products can belong to various product categories (such as, by way of example, products made in Italy in general such as wine, fashion, food, wellness and health products, books, etc …)

5.2 Each Product is accompanied by an information page that illustrates its main features (” Product Page ”). Within the Product Page there will be a special section containing information about the availability of the Product. In the event that a Product is not available, the user can request to be notified as soon as the Product is available again, by activating the “ Notify me when available ” function, by selecting the appropriate button on the Product Page, in the Cart and on the page containing the list of Products. The user who sent the request will be notified, by e-mail, in the event that the Product becomes available again within one hundred and eighty (180) days following the sending of the request.
The request for notification of availability does not imply any obligation to purchase nor is it valid as a reservation and/or order of the Product.

5.3 The availability of the Products is monitored and updated.
However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be, for a short period of time, available, being instead out of stock or not immediately available, being for the same necessary to obtain restocking.

5.4 If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code , the seller will immediately notify the user by e-mail.
The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and by effect of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
The termination of the purchase agreement pursuant to this paragraph entails the termination of any related credit agreement as well as any ancillary agreement (such as, by way of example, the purchase agreement for Additional Paid Assistance Services, as defined by art. . 14 below).
Alternatively and without prejudice to this right of termination, the user may accept one of the following proposals from the SELLER / ETP:
a) if a restocking of the Product is possible, an extension of the delivery terms, with indication of the new delivery term of the restocked Product;
b) if a restocking of the Product is not possible, the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon the express acceptance of the user.

The user’s choice must be promptly communicated to the SELLER by e-mail, at the address indicated in art. 15 below.

5.5 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in the event that the user does not make any choice pursuant to art. 5.4 above, and the payment of the total amount due, consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order (“Total Amount Due”) has already occurred , The SELLER, without prejudice to the user’s right to compensation for damage, will reimburse the Total Amount Due without undue delay and, in any case, within 14 working days from the day of termination of the contract or, respectively, from day after the order is sent. The refund amount will be communicated to the user via e-mail. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, THE SELLER will ask the user to provide, by e-mail, the bank details necessary for the refund. The termination of the purchase agreement pursuant to the preceding articles involves the termination of the possibly connected credit agreement and of any other possible accessory agreement.

5.6 In the case of orders concerning a plurality of Products (“ Multiple Order ”), if the unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by law, and, in particular , from Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of arts. 5.4 and 5.5 above, if the unavailability concerns all the Products object of the order – THE SELLER will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product and / or Products that have become unavailable. The termination of the purchase agreement pursuant to this paragraph entails the termination of any related credit agreement and the termination of any ancillary agreement to the partially terminated one limited to the case in which the connection and the accessory is related to the / i unavailable / I. Alternatively and without prejudice to this right, the user may accept one of the following proposals from the SELLER:

(i) if it is possible to restock the Products covered by the Multiple Order that have become unavailable, an extension of the delivery terms relating to these Products, with indication of the new delivery deadline for the same;

(ii) if it is not possible to restock the Product and / or the Products that have become unavailable, the supply, in replacement of the Products covered by the Multiple Order that have become unavailable, of different products, of equivalent or greater value, upon payment , in the latter case, of the difference and subject to the express acceptance of the user.

The user’s choice must be promptly communicated to the SELLER by e-mail, at the address indicated in art. 15 below.

5.7 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the purchase contract concerning the Product and / or Products that have become unavailable will be partially terminated, limited to such Product / s, with consequent return, if it has already been paid, of the ‘amount due in relation to these Products, including delivery costs, calculated as indicated in art. 10.3 below, and any other additional costs due in relation specific to such Products (“Partial Amount Due”); the termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products covered by the Multiple Order available. The Partial Amount Due in relation to the Product (s) that has become unavailable, will be reimbursed to the user without undue delay and, in any case, within 14 working days from the day of termination of the contract. In the event that the user does not make any choice pursuant to art. 5.6 above, the SELLER, without prejudice to the user’s right to compensation for damage, will reimburse the Partial Amount Due without undue delay and, in any case, within 14 working days from the day following the sending of the ‘order. The refund amount will be communicated to the user via e-mail. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, THE SELLER will ask the user to provide, by e-mail, the bank details necessary for the refund. The termination of the purchase agreement pursuant to the preceding articles involves the termination of the possibly connected credit agreement and of any other accessory agreement.

6. Product Information

6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

7. Prices

7.1 All the prices of the Products published on the Site are in Euros and are inclusive of VAT and, where applicable, of the WEEE contribution. Delivery costs, which may vary in relation to the chosen delivery method and / or in relation to the payment method used, will be specifically indicated (in Euros and inclusive of VAT) during the purchase process, before the user is bound from the contract, in the order summary and in the order confirmation e-mail.

7.2 ETP / VENDITORE reserves the right to change the price of the Products at any time and also, possibly, several times during the same day. It is understood that the price of the Product that will be charged to the user will be that indicated in the order summary, displayed by the user before placing the order, and that any changes (increase or decrease) subsequent to the transmission of the order itself.

7.3 In the event that a Product is offered on the Site at a discounted price, it will be indicated on the Site (i) the full reference price against which the discount is calculated and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same.

8. Purchase orders

8.1 The purchase contract is conditional on the non-payment of the Total Amount Due.
In the event that this payment does not take place, the contract will therefore be considered terminated by law.
Of this resolution and the consequent cancellation of the order, the user will be immediately notified:
(i) immediately after the transmission of the order, through the Site, in the event that he has chosen the credit card as payment method;
(ii) by e-mail, if the user has chosen one of the other payment methods made available by ETP, including PayPal.

8.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier (” Shipping ”).
The risk of loss or damage to the Products, for reasons not attributable to THE SELLER, on the other hand, will be transferred to the user when the user or a third party designated by him and other than the carrier, materially comes into possession of the Products.

8.3 In order to send an order for a Product through the Site, it is necessary to carefully read and examine these GCS.

9. Terms of payment

Payment for Products purchased through the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and / or the method of delivery or shipment. In the event that one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Site at the latest at the start of the purchase process. The payment methods not available will in any case not be selectable by the user during the appropriate step (“Choose payment and continue”) of the purchase process.

9.1 Credit card

9.1.1 The payment of the Products purchased on the Site can be made by credit card directly through the Site. THE SELLER accepts the credit cards of the VISA, Mastercard, Maestro circuits. The accepted credit cards are, in any case, indicated in the footer of each page of the Site. The total amount owed by the user to the SELLER is charged at the time the order is sent. By selecting the “Save your credit card for future purchases” box on the “Make payment” page of the purchase process or by accessing the “Saved credit cards” section of your personal account, the user can authorize the storage of data of one or more credit cards and their reuse for the payment of subsequent purchases on the Site, thus avoiding the need to enter credit card data at each purchase. The user can, at any time, revoke the authorization to reuse credit card data for subsequent purchases, by accessing the “Saved credit cards” section of his personal account and deleting the cards already saved or, during the procedure purchase by clicking on the “Edit” button that appears next to the stored credit cards.

9.1.2 In order to guarantee the security of payments made on the Site and to prevent any fraud, ETP reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of their card. identity and in the event that the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The deadline by which the document must reach ETP will be specified in the e-mail request. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.

9.1.3 In the event that ETP / SELLER does not receive these documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the order consequently canceled, without prejudice to the SELLER’s right to compensation for any damage it may incur due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by ETP / SELLER, will result in the cancellation of the order with consequent refund of the Total Amount Due, if paid, by re-credit on the same payment method used. In case of timely receipt by ETP / SELLER of the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of such documentation.

9.1.4 ETP / SELLER uses the secure payment service which involves the use of the SSL security protocol. The confidential data of the credit card (card number, holder expiry date, security code) are encrypted and thus transmitted to the payment manager. ETP therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products, even if the user proceeds to Save the Credit Cards, except in the case, limited to the relative data. to the holder of the card, as per art. 9.1.2 and 9.1.3 above.

9.2 Cash on delivery

9.2.1 The payment of the Products purchased on the Site can be made upon delivery, by choosing the method of payment on delivery.

9.2.2 In case of cash on delivery, an additional delivery fee is due. The exact amount of this contribution will be specifically indicated on the pages of the purchase process, before the user transmits the order, and in the order confirmation.

9.2.3 Payment by cash on delivery can be made in cash, up to a maximum of € 2,999.99, or, for higher amounts, by bank draft to be made out as per the e-mail that the SELLER will send to the user after receiving the order.

9.3 PayPal

9.3.1 Payment for Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed by the user. with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with ETP. ETP is therefore unable to know and does not store in any way the credit card data connected to the user’s PayPal account or the data of any other payment instrument connected with this account.

9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the refund amount will be credited to the user’s PayPal account. The re-credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, ETP / SELLER cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact directly to PayPal.

9.3.3 When paying via PayPal, an additional contribution may be required for this type of payment. The exact amount of this contribution will be specifically indicated on the pages of the purchase process, before the user transmits the order, and in the order confirmation.

9.4Bank transfer (Infobonifico)

9.4.1 Payment for Products purchased on the Site can be made by bank transfer. The bank details for making the transfer will be indicated on the “Payments” page accessible via the appropriate link from the footer of each page of the Site and in the order confirmation e-mail.

9.4.2 Payment for the Products by bank transfer must be made no later than 7 calendar days from the date of the order. After this deadline has expired, the contract may be considered terminated by law, with consequent reimbursement of the Total Amount Due possibly paid late. The termination of the contract will be communicated to the user via e-mail and the amount paid will be returned in the manner set out in art. 5.5, as applicable.

9.4.3 In the case of payment by bank transfer, the Shipment of the Products will be made only after the ETP / SELLER has received the transfer. Consequently, the delivery terms of the Products will run from that date.

9.4.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate the order number in the reason for the bank transfer .

10. Methods, costs and terms of delivery

10.1 The deliveries of the Products are made in Italy and in the world. The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the user.

10.2 At the time of shipment, the user will be sent an e-mail confirming the delivery to the carrier which will also contain the link containing the tracking number through which the user can check the status of the shipment; the user can still follow the tracking of the shipment of the Products from the “Status and order tracking” section of their account.

10.3 Delivery is subject to a fee and, unless otherwise specified, delivery costs are borne by the user. The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the the user proceeds with the transmission of the order. In case of partial withdrawal from Multiple Orders, the amount of the delivery costs to be reimbursed to the user will be equivalent to the delivery costs that the user would have paid for the single Product subject to partial withdrawal, as resulting from the Product Page, in relation to the specific delivery method chosen by the user. In no case may the amount of delivery costs to be reimbursed exceed the amount of the costs actually paid by the user for delivery.

10.4 In the summary of the order and, therefore, before the user proceeds with the transmission of the same, the total price of the order will be indicated, with separate indication of the delivery costs and any other possible additional expense. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount due by the user in relation to the Product. For each sale made on the Site, ETP issues an invoice, sending it by e-mail to the holder of the purchase order. For the issuance of the invoice, the information provided by the user at the time of the transmission of the order through the Site and that the user guarantees to be true is authentic. No change in the invoice will be possible after its issue. The user undertakes to keep ETP / VENDITORE harmless and indemnified from any damage it may derive, including any penalties, in the event that the data provided by the user through the Site for the issuance of the invoice are not true .

10.5 The delivery of the Products purchased on the Site may take place, at the user’s choice, with alternative methods and, precisely: (i) to the postal address specified by the user in the order form (“Home Delivery). The Products purchased on the The site will be sent and delivered to the postal address indicated by the user in the order form. Different methods of Home Delivery are made available to the user and the related costs and terms during the purchase process are indicated for each of them. before the user proceeds with the transmission of the order.

10.6 The Home Delivery of the Product is intended on the street level, unless otherwise indicated. Unless the user has chosen a Home Delivery method that involves delivery by appointment or within a certain time, Home Delivery will be made from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays

10.7 The user acknowledges that the withdrawal of the Product is his specific obligation. If the Home Delivery method chosen by the user does not provide for delivery at an agreed time, in the event of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called passage notice). The notice will also contain the contact details at which the user can contact him to agree on the return or to collect the package. After the failed delivery attempt, the package will go into storage with the courier. The user is required to collect the package within 3 calendar days starting from the second day following the one on which the Pass Notice was left. In the event that the user does not collect the Product within this period, the purchase contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code ETP will then proceed, within 15 working days following the termination of the contract, to reimburse the Total Amount Due, if already paid by the user, less the costs of the unsuccessful Home Delivery, the storage costs, the costs of returning to ETP / SELLER and any other costs incurred due to non-delivery due to the absence of the recipient. The termination of the contract and the refund amount will be communicated to the user by e-mail. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, ETP / SELLER will ask the user to provide, by e-mail, the bank details necessary for the refund.

10.8 The user is required to report any particular characteristics relating to the place of delivery of the Product and / or its location, by inserting a note to the order, in the space made available to him at the end of the purchase process and before sending. of the order. In the event that he does not provide such information or provides incorrect information, any additional costs that ETP must bear to complete the delivery of the Product will be at his expense.

10.9 Common provisions regarding the delivery of the product

10.9.1 During the purchase process, before the user transmits the order, the terms within which the SELLER undertakes to deliver the Products object of the user’s order will be indicated and which take into account, as well as the area and method delivery, also of the possibility that the user purchases several Products with the same order. The delivery terms run from the conclusion of the contract (i.e. sending the order), unless otherwise indicated. The delivery time for the specific order will also be indicated in the order confirmation. In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract.

10.9.2 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites the SELLER to make the delivery within an additional deadline appropriate to the circumstances (“Additional Deadline pursuant to art. 61, paragraph III, Consumer Code“). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code“), without prejudice to the right to compensation for damage. The user is not burdened with the burden of granting ETP the Additional Term pursuant to art. 61, paragraph III, Consumer Code (“Excluded Cases”) if:

1. ETP / SELLER has expressly refused to deliver the Products;
2. compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
3. The user has informed ETP / SELLER, prior to the conclusion of the contract, that delivery by or on a specified date is essential.

In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damage (” Contract in Excluded Cases ”). The indication of the Supplementary Term pursuant to art. 61, paragraph III, Consumer Code and the notice of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated by the user to ETP / SELLER at the addresses referred to in art. 15 below.

In case of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in the Excluded Cases, ETP will reimburse the user the Total Amount Due without undue delay. The reimbursement will take place in the manner set out in art. 10.9.6 below.

In any case, the SELLER undertakes to notify the user, promptly and by e-mail, of the delay in delivery (“ Delay Notice E-mail ”), at the same time indicating the new delivery term, if available ( ” New Delivery Term ”) and, in the event that the user does not proceed with setting the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of these remedies and / or the ordinary means of protection made available by law and, in in particular, from Chapter XIV of Title II of Book IV of the civil code, the SELLER undertakes, in any case, to:

(i) in case of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Term, reimburse the user who requests them the delivery costs, if already paid, within 10 working days from the expiry of the New Delivery Term or not to request payment, to the user who requests to do so, if you have not yet paid;

(ii) in case of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user who requests it to refuse delivery and to terminate the contract, with consequent reimbursement of the Total Amount Due , if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not want to terminate the contract, reimburse the user who requests them the delivery costs, if already paid, within ten working days of the request or not request payment from the user who requests to do so, if not yet paid;

(iii) in the event of a delay in delivery exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer to the user who requests it, in addition to the provisions from art. 10.10.2 (ii) above, the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and with the express consent of the user.

10.9.3 In the event of failure to send the Delay Notice E-mail or failure to set the New Delivery Term in the same, all the terms referred to in Articles 10.9.2 above will start from the original delivery deadline.

10.9.4 The acceptance of the New Delivery Term, in the cases referred to in Articles 10.9.2, must be promptly communicated to ETP by e-mail at the address indicated in art. 15 below.

10.9.5 In all cases referred to in Articles 10.9.2 above where a refund is due to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same payment method used by the user for the purchase, in the case of payment by credit card or PayPal. In other cases, the SELLER will ask the user for the bank details necessary for the refund. Any delays may depend on the bank or the type of credit card used.

10.9.6 It is up to the user to check the conditions of the Product that was delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to the SELLER, is transferred to the user, when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, it is recommended to the ” user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps) and is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

10.9.7 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that these subjects place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code The termination of the contract will be communicated to the customer by e-mail.

11. Right of withdrawal from the purchase of Products

11.1 Without prejudice to the provisions of art. which follow, pursuant to articles 52 et seq. of the Consumer Code, the user who plays the role of consumer has the right to withdraw from the purchase contract for the Product, without having to provide any reasons and without having to incur costs other than those provided for in Articles which follow, within the term of fourteen calendar days (“Withdrawal Period“). The Withdrawal Period expires after 14 days:

1. a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
2. b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
3. c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece ;

11.2 To exercise the right of withdrawal, the user must inform ETP / SELLER, before the expiry of the Withdrawal Period of his decision to withdraw.

11.3 In order to exercise the right of withdrawal, the user can: submit any explicit declaration of your decision to withdraw from the contract (“Declaration of Withdrawal“). In this case, the SELLER will, without delay, send the user, by e-mail, a confirmation of receipt of the request for withdrawal.

11.4 The Declaration of Withdrawal must be sent to the following address: ETP Via Donizetti, 9 59016 Poggio a Caiano (PO) or by email to servizioclienti@itmadein.com and to the address of the SELLER of the order.

11.5 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, he is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he intends to exercise the right of withdrawal and the his address. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user’s interest to use a durable medium when communicating to ETP / SELLER its withdrawal.

11.6 The user must return the Products to the SELLER, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to the SELLER his decision to withdraw. . The deadline is met if the user sends back the Products before the expiry of the fourteen-day period (“Return Deadline”). The Product, properly protected and packaged, must be sent to the following address: Address of the SELLER with whom the purchase was made. The direct costs of returning the Products to the SELLER are borne by the user. The return of the Product to the SELLER takes place under the responsibility and at the expense of the user.

11.7 If the user withdraws from the contract, the SELLER will reimburse the Total Amount Due paid by the user for the Product, including delivery costs, including additional costs resulting from the user’s choice of a type of delivery other than delivery. standard, i.e. less expensive, offered by the SELLER, without undue delay and in any case no later than 14 calendar days from the day on which the SELLER was informed of the user’s decision to withdraw from the contract. The refund will be made using the same payment method used by the user, in the case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, the SELLER will ask the user for the bank details necessary to make the refund, unless the user has expressly agreed otherwise. The SELLER may suspend the reimbursement until receipt of the Products or until the user demonstrates that he has returned the Products, and their integrity.

11.8 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product. In the event that the serial code of the same is entered on the packaging of the Product, as for example, for electronic products, it constitutes part of the product and, consequently, the Product must be returned in the original packaging, which must be placed in an additional package, since any other label or tape cannot be affixed to it. The Product Page will expressly indicate whether the original packaging is to be considered part of the Product, for the purpose of exercising the right of withdrawal.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The SELLER will notify the user, by e-mail, within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product will remain with the SELLER available to the user for collection, which must take place at the expense and under the responsibility of the user.

11.10 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced. of an amount equal to this decrease in value. The SELLER will notify the user, by e-mail, of the circumstance and the consequent reduced refund amount, by e-mail, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.

11.11 In the event that, in one of the legal hypotheses (e.g. supply of audiovisual products or sealed computer software, etc., opened by the consumer), the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Page and, in any case, during the purchase process, before the user proceeds with the transmission of the order.

12.Customer Service and Complaints

12.1 It is possible to request information, send communications or submit complaints by contacting the ETP customer service (” Customer Service ”) in the following ways at the following addresses:
– by e-mail, to the address servizioclienti@itmadein.com;
– by phone, at 055.8778855;
– by post, writing to ETP, via Donizetti, 9 – 59016 Poggio a Caiano (PO);
– through the Site, by accessing the ” Contacts ” section;
– by fax, to the number 055.8799391.

12.2 ETP will respond to complaints by e-mail or post within a maximum period of two days from receipt of the same.

13. Settlement of disputes

13.1. All disputes arising from this contract will be referred to the Prato Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.

13.2. If the parties intend to appeal to the ordinary judicial authority, the competent court is the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.

14. Applicable law; Out-of-court settlement of disputes – ADR (Alternative Dispute Resolution) / Online Dispute Resolution

14.1 The purchase contract concluded on the Site is governed by Italian law.

14.2. Although not expressly provided herein, the legal provisions applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.

14.3 Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.

14.4 Pursuant to art. 141-sexies, paragraph 3 of the Legislative Decree 6 September 2005, n. 206 (Consumer Code), the SELLER informs the user who holds the status of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the SELLER, as a result of which it has not been possible to resolve the dispute thus arisen, the SELLER will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute. ETP / SELLER also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved. In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute arising from these Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code. The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Conditions of sale, to the European procedure established for small disputes. entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

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