1. PURPOSE AND CONCLUSION
1.1. These conditions govern exclusively the sale of goods online with delivery in Italy by Elmo & Montegrappa Spa - VAT no.03552260246 - with headquarters at Ca' Erizzo 43/45 – 36061 – Bassano del Grappa (VI) – Phone +39/0424/522232-fax +39/0424/523975 - email: firstname.lastname@example.org – PEC (Certified Electronic mail): email@example.com – through the application on the website www.montegrappa.com.
1.2 In order to conclude the contract, the contracting party must be entered and registered in electronic format in the company database, with all that party's data useful for delivery and possible invoicing of the goods, in addition to the latter's acceptance of the present conditions. Following registration, the purchaser can identify the item or goods he/she intends purchasing and forward the request to Elmo & Montegrappa Spa which reserves the right to suspend or terminate, at any time, the publication and updating of the catalogue of goods for sale, or modify all or any part of it, at its sole discretion and without prior notice.
1.3. Trademarks and other distinctive signs reproduced on the online Catalog are the property of Elmo & Montegrappa Spa which prohibits the reproduction of any part.
1.4. The conclusion of the contract is in any case subject to the final and unappealable approval of Elmo & Montegrappa Spa, which, in case of non-acceptance, must notify the purchaser, in the manner it deems most appropriate, within 20 days of sending of the order; in the absence of communication in the said period the contract shall be understood as concluded.
1.5. Elmo & Montegrappa Spa is free not to accept orders at its sole discretion, and excludes any contractual or non-contractual liability for any direct or indirect damage caused by the non-acceptance, even a partial, of an order. Elmo & Montegrappa SpA ensures, through its electronic system, processing and fulfillment without delay. If an order exceeds the amount present in the warehouse, it will make known by e-mail to the purchaser a non-availability of the good or what is the waiting time to get the chosen item, asking whether the order is confirmed or not. Elmo & Montegrappa SpA undertakes to deliver the goods within 30 days of receipt of the order with the customer data (as per arts. 61 to 49g Legislative Decree No. 206/2005).
1.6. Elmo & Montegrappa SpA undertakes the supply obligations exclusively for the goods specified in the order. Any modifications required by the purchaser after forwarding of the request must be sent in writing at the addresses specified at point 1.1 and shall be subject to further acceptance by the seller who, because of the modifications requested, will eventually change the delivery dates and prices with respect to the original order.
1.7. It is specified that any term or condition included by the customer in the order, in correspondence or elsewhere is invalid and ineffective unless specifically accepted in writing by Elmo & Montegrappa Spa.
1.8. The order confirmation is not in any way to be interpreted as implicit acceptance of conditions or clauses contained in the order or elsewhere, if they are not expressly mentioned in the confirmation it self and the will of Elmo & Montegrappa Spa to accept them is not clearly expressed.
1.9. The sales contract is governed by these general conditions, which are an integral and essential part of the sales contract, even if not expressly referred to in the order and/or order confirmation.
10.1. Elmo & Montegrappa SpA is in no way responsible in case of incorrect communication of the data relevant to the order by the customer (merely by way of example: the name and address given for shipment of the purchased product, the characteristics and the quantity of the ordered products).
2.1. The purchaser must pay for the goods according to the methods specified in the order form and cannot for any reason and under any circumstances defer or suspend the agreed payments even if disputes arise regarding the performance or interpretation of the present contract.
2.2. Elmo & Montegrappa SpA offers to its customers different payment methods:
2.2.2. Bank transfer;
In any case the payment must be made by the buyer with the order.
3. SHIPMENT AND DELIVERY
3.1. Elmo & Montegrappa SpA shall provide for packing the goods in order to ensure their integrity and shall send the same exclusively to the address indicated by the purchaser.
3.2. The signing by the customer of the carrier's transport document entails full acceptance of the delivered goods as regards, for example, the packs, the number of packages received, the correspondence between ordered and delivered products, the integrity and exterior characteristics of the products.
3.3. The purchaser is required to immediately check the state of the delivered goods and the respective packages, and that they actually correspond to the ordered goods, if necessary, making immediate written observations on the delivery order or transport document accepting the goods "WITH RESERVATION", putting such wording on the courier's receipt at the same time as signature for acceptance.
3.4. Even if the packaging is intact, the goods must be carefully checked by the customer, and any defects and apparent non-compliance (and therefore objectively recognisable through normal diligence) of the goods must, under penalty of cancellation, be reported to Elmo & Montegrappa Spa in writing within and not later than 8 (eight) calendar days from the date of delivery.
3.5. Elmo & Montegrappa SpA declines all liability for any delays due to force majeure such as, merely by way of example, accidents, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, laws, regulations and orders issued by State authorities, and other difficult or impossible to foresee events that entirely or partly prevent fulfilment in the agreed times or ways and any other case of delay not attributable to its malice or serious fault.
3.6. Under no circumstances the purchaser is entitled to claim damages or make other claims for delayed deliveries, or request cancellation of the contract.
4. RIGHT OF WITHDRAWAL
4.1. The consumer has the right to withdraw from the purchase contract without penalty and without having to give a reason, within 14 days, using the model form as per Annex I, Part B of the Legislative Decree 206/2005 (linked here) or submitting any other unequivocal statement of its decision to withdraw from the contract to be sent by law to the headquarters of Elmo & Montegrappa Spa (in via Ca' Erizzo 43/45 – 36061 – Bassano del Grappa (VI)). Such a declaration must contain the customer's bank details to issue the refund.
4.2. The withdrawal period expires after fourteen days from the date on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or, in the case of multiple goods ordered by the consumer by an unique order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good; or, finally, in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
4.3. The notice of withdrawal can be sent also by telegram, e-mail and fax and is understood as being sent in good time if delivered to the accepting post office within the above-mentioned term.
4.4. The right of withdrawal is excluded in relation to the supply of goods tailor-made to specifications or clearly customized (art. 59/c Legislative Decree No.206/2005);
4.5. In the event of withdrawal from this contract, all payments that the consumer has made in favor of Elmo & Montegrappa Spa will be repaid, including the cost of delivery (except for the additional costs arising from the possible choice of a type of delivery other than the less expensive standard delivery), without undue delay and in any event no later than 14 days from the day when Elmo & Montegrappa Spa was informed of the customer’s decision to withdraw from the contract, provided that the goods purchased have already been returned intact. These refunds will be made using the same means of payment used by the customer for the initial transaction, unless the same has not expressly agreed otherwise; in any case, it will not incur any fees as a result of such reimbursement.
4.6. The buyer must return the product purchased taking on him/her the shipping costs and the refund will be suspended until receipt of the goods or until the demonstration given by the consumer of having sent back the same.
4.7. Following the receipt of the goods intact Elmo & Montegrappa Spa shall return to the buyer the price of the product, unless it has been forced to incur expenses attributable to the buyer, in which case the Company will be entitled to retain all or part of the price of the goods as compensation for damages.
4.8. The integrity of the goods to be returned is an essential condition for exercising the right to withdraw.
4.9. Until the declaration of receipt in our warehouse, the shipment is under the customer’s complete responsibility. If the goods are damaged during transport, Elmo & Montegrappa Spa will inform the customer (within 5 working days of receipt of goods in its own warehouses), to allow him/her to file a timely complaint against the carrier of his/her choice and to obtain reimbursement of the value of the good (if insured); in this case, the product will be made available to the customer for its return, while cancelling the request for withdrawal.
4.10. If the right of withdrawal is not exercised in the agreed manner, it is pointed out that orders placed by the purchaser are binding, and in case of goods already forwarded and refused from the courier or non-delivery directly due to the customer, an invoice or receipt will be issued for the entire cost of the shipment as well as the cost of return to the sender, which will be charged to the consumer.
4.11.In the event that the withdrawal provided by law is not done as specified, the rules will apply of Article1453 and following of the Italian Civil Code which involve the buyer's obligation to the payment of the agreed price for the supplied goods, unless the right to withdraw from the contract, as well as in any case the reimbursement of damages suffered by Elmo & Montegrappa Spa.
5. WARRANTY AND SUPPORT
5.1. The parties agree that the guarantee is limited to 24 months from the date of delivery, provided that the complaint of lack of conformity has taken place in writing within 60 days of discovery of it and the goods have been returned to the seller for inspection. Eventually, in case of non-compliance, the buyer will have the right to have the conformity restored free of charge by repair or replacement of the good, or, if that is not possible, to a reduction of the purchase price or to termination of the contract.
5.2. The purchaser immediately loses the warranty coverage for the goods if, without the prior written permission of Elmo & Montegrappa Spa, he/she has operated on them directly and/ or requested third parties for assembly and/or disassembly and/or replacement of parts.
5.3. The warranty provided for defects is ineffective when:
5.3.1. the attached documents proving the purchase at Elmo & Montegrappa Spa appear altered or illegible; the request will be processed only if the product will be returned with invoice or receipt and order confirmation form;
5.3.2. the product codes or serial numbers are altered, deleted, removed or made illegible;
5.3.3. the product has been repaired or modified by unauthorized personnel, before Elmo & Montegrappa Spa was able to proceed with the technical check;
5.3.4. the result of the technical check reveals that the defect of the product comes from negligence or careless use;
5.3.5. whenever the fault is not found to be due to production, manufacturing or packaging defects.
The purchaser hereby renounces to compensation between the obligation to pay and any claims for eventual creditor positions of any kind.
7. APPLICABLE LAW AND COMPETENT COURT
7.1.The above-specified terms and conditions of sale are governed exclusively by Italian law, regardless of where the purchaser is located or the order has to be sent to.
7.2. For any controversy or dispute arising from this agreement shall be settled exclusively by the court where the consumer has residence.
8. PRIVACY OF PERSONAL DATA
Within the meaning of Article 13 of GDPR 2016/679 on the protection of personal data, your data are treated in accordance with the principles of accuracy, legality and transparency, while taking into account your privacy and your rights.
Within the meaning of Article 13 of GDPR 2016/679 the following guidelines apply to the processing of data:
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