SELLING TERMS AND CONDITIONS
1. General Selling Conditions
The general selling conditions herein govern all the contracts of sale entered into between the Purchaser and the Seller (www.venditarosari.it) through the web site www.venditarosari.it. Each contract is subject to the general selling conditions published on the web site at the time when the contract is stipulated.
Any change proposed by the Purchaser shall not modify the general selling conditions, unless explicitly accepted in writing by the Seller.
2. Contract Parties
The on-line shop on the www.venditarosari.it web site is intended for the exclusive use of the consumers, i.e. it is reserved to retail.
3. Contract Execution
The Purchase Order of the Purchaser is a binding contractual proposal. The Purchase Order is accepted by the Seller by way of an e-mailed Order Receipt, containing an extract of the selling conditions (product description, price, payment terms). The contract is executed and comes into effect when the Purchaser receives the Order Receipt. The Purchase Order and the Order Receipt are deemed as received when the parties, they are addressed to, have the possibility to accede the telecommunication messages.
In case the Purchaser does not receive the Order Receipt, or another similar communication, from the Seller within 48hours after placing the Order, the Purchaser shall promptly contact the Seller through its address: www.venditarosari.it.
4. Prices, Package and Freight Charges
The price of products is shown on the price list published on the web site the day of the order issue and before the purchase order is issued. The total end price of the purchase order includes freight charges, but it does not include package and any custom duties and/or additional sales taxes, required for importing the merchandise into a foreign country. Any additional charge for custom clearance operations shall be exclusively charges forward. The shipment shall take place within 15 working days after the purchasing date. This delivery time is not binding; however, the Seller shall do its best to keep the delivery time.
5. Payments
The payment shall take place by all the ways allowed on www.venditarosari.it web site
6. Guarantee
6.1 Legal Seller’s Guarantee.
The Seller grants a legal guarantee on the product by virtue of the 44/99/EC-Directive, for cases of product non-compliance to qualities defined in the selling contract, as set forth by the applicable regulations in force. The guarantee allows the Purchaser, in case of product compliance failure, to contact the Seller directly, within 8 days from recipt, The Seller will choose how to solve the problem i.e. sending a new item or refounding the Purchaser. In case of repayment ONLY the item cost will be refounded; shipping costs will never be refounded. However, the Purchaser is in no case granted a guarantee coverage for improper use of the product, non-compliant with its proper use as defined by the Seller/Manufacturer (instructions for use printed on the product itself). Any complaint shall be accompanied by a document giving evidence of the purchase (fiscal document issued by the Seller/payment receipt).
6.2 Complaint requirements
The complaint shall be made by the Purchaser promptly and not beyond 8 days from the date when the Purchaser received the item. During this time period, the product cannot be used. The Complaint shall be forwarded by telecommunication means to the Seller, who shall immediately advise the Purchaser about the procedure for product return.
7. Right to Withdraw from a Contract
By virtue of Art. 50 and subs. of the Legislative Decree dated 6th, September 2005, No. 206 (Code of Consumption) concerning the e-commerce contracts , the Purchaser has the right to terminate the contract with no obligation to indicate the reasons not pay any penalty within a term of 3 working days from the contractual merchandise date of receipt. The right to withdraw from a contract has to be deemed as applied against sending a written communication by registered letter with return receipt within 10 working days after the date of merchandise reception, addressed to:
Polaris snc
Via 2 Giugno, 10
47012 Cusercoli (Forlì-Cesena)
Italy
If the Purchaser wishes to appeal to the right to withdraw from a contract, he shall return the contractual product(s) at his charge, within 8 working days from merchandise reception date, and he shall have it delivered to the address mentioned above. The returned product must be intact and complete with all its accessories, its original packaging and the attached documents (invoice). It is understood that the risks of transport for returned products shall be fully to the Purchaser’s account. Do not ship the returned merchandise cash on delivery, as it would be automatically refused. The Seller reserves 30 days time to complete the checks on returned product integrity and to carry out any repayment. The repayment shall only cover the returned product value, freight charges excluded.
8. Venue and Applicable Law
Any dispute related to the implementation, execution, interpretation and breach of this contract shall be settled according to the Italian law. Any dispute between the parties related to this contract shall be settled by the Court of Forlì, unless different regulations on behalf of the Purchaser are proved applicable.
9. Language
In case of translation non-compliance, the Italian language shall prevail.
10. Privacy
Data made available by the Customer and required for contract execution are handled in compliance with the Leg. Decree 2003 No.196 concerning the “Personal data protection”. For any other information, please refer to the “Privacy” section on the web site www.venditarosari.it
11. Copyright
The whole contents of the www.venditarosari.it web site are the property of www.venditarosari.it and it is under copyright.