1) Notice / General Information
The following online sales conditions have as their object the offer, distance sale and purchase of products through the website www.argital.it and are expressed in English.
The products marketed on the website www.argital.it are sold and offered for sale by Argital S.r.l., based in Modica (Italy), in Via della Tecnologia n. 9 (VAT number: 01440150884), company registered in the Ragusa business register with REA number RG119489; share capital € 20,000, tel. +39 (0) 932 777176.
e-mail email@example.com, pec firstname.lastname@example.org
The sale is reserved for the Italian territory and no sales and / or deliveries are made to countries other than Italy.
These purchase / sale operations, where the contractor is a consumer, represent a distance contract governed by the Consumer Code (Legislative Decree of 6.9.2005, No. 206) and by the e-commerce Directive (Legislative Decree of 9.4.2003 , n.70) that regulates the electronic commerce.
Pursuant to these conditions of sale, we mean:
a) Supplier of the products displayed and offered for sale on the website www.argital.it: Argital S.r.l., based in Modica (Italy), in Via della Tecnologia n. 9 (VAT number: 01440150884), a company registered in the business register of Ragusa at REA number RG119489.
b) Customer: natural or legal person who purchases on the website www.argital.it by accepting and signing these general online sales conditions.
c) Consumer: natural person who, pursuant to art. 3 of the Consumer Code, acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out.
d) E-commerce distance contract: contract concluded between Argital S.r.l. and the consumer customer within the framework of an organized distance selling scheme without the physical and simultaneous presence of the parties, through the exclusive use of one or more online means of distance communication up to the conclusion of the contract, including the conclusion of the contract itself.
3) How to register and process personal data
3.2) The registered consumer customer will be solely responsible for the login credentials. No responsibility can be attributed to Argital S.r.l. in case of fraudulent use of such credentials by third parties. In case of loss or theft of credentials, the registered consumer customer can request the credentials reset.
3.3) Pursuant to Regulation (EU) 2016/679, with the acceptance of these general conditions of online sale, the consumer customer authorizes the processing of personal data and declares to have been informed that personal data, even sensitive, will be used for the purposes related to the conclusion of the contract, all in compliance with the confidentiality obligation enshrined in Regulation (EU) 2016/679
4) How to place the order
4.1) Before completing the order, the consumer customer is required to read and understand these general online sales conditions which he must expressly approve by flagging the appropriate check mark on the site.
4.2) The consumer customer can purchase the products on the Argital S.r.l. website by selecting and placing them in the appropriate virtual shopping cart. Once the selection of products has been completed, in order to purchase those included in the cart, the customers will be invited to provide their data in order to complete the order and allow completion.
4.3) The purchase order must contain the elements necessary for the correct identification of the ordered product.
4.4) By completing the purchase order, the consumer customer declares:
to be a consumer pursuant to Article 3, paragraph 1, of the Consumer Code; that he/she has reached the age of eighteen; to undertake to provide accurate, correct and truthful personal data for the purposes of correct execution of the purchase order by Argital S.r.l.
4.5) Argital s.r.l. reserves the right to refuse or cancel orders that come from: a consumer customer with whom a legal dispute is pending; by a consumer customer who has previously violated these general conditions of sale; by a user who has been involved in fraud and in particular in fraud relating to cr card payments; from a customer who has released false, incomplete or otherwise inaccurate identification data.
4.6) In case of cancellation of the order, the charges related to payments by credit card or PayPal will be charged to the customer.
5) Conclusion of the contract
5.1) The sale/purchase contracts on the website www.argital.it must be considered concluded when Argital S.r.l. accepts the purchase order of the product made by the consumer customer.
5.2) Gifts are granted as a discount on goods exempt from VAT, pursuant to Article 15 of Presidential Decree 633/72.
5.3) By completing the purchase order, the consumer customer purchase a product from Argital S.r.l. at the price and within the terms indicated in these general online sales conditions and on the website www.argital.it.
5.4) This purchase proposal does not bind Argital S.r.l. unless express acceptance of the order by the latter.
5.5) At the time of sending the purchase order, the consumer customer declares to have read, read, understood and accepted these general conditions of online sale, undertaking to respect them, as they will be binding once Argital S.r.l. will have accepted the order.
5.6) By placing the purchase order, the consumer customer purchases the product according to the characteristics shown in the information sheets indicated on the website www.argital.it.
5.7) Once the purchase order has been made, the consumer customer will receive from Argital S.r.l. a communication containing the confirmation of receipt of the order, the main characteristics and information sheets of the ordered product, the purchase price, delivery costs, taxes and duties if applicable, a summary of the general conditions of contract , indication of the payment methods.
5.8) The costs of Argital S.r.l products on the website www.argital.it are expressed in Euros and include VAT. These costs, however, do not include any shipping costs, taxes, duties and taxes applicable in the country of destination of the products, where this is different from Italy and they will be fully charged to the consumer customer.
5.9) Argital S.r.l. reserves the right to change the price of the products offered for sale at any time. It is understood that the price of the product that will be charged to the consumer customer will be that indicated on the website www.argital.it at the time the order is placed and that any price changes subsequent to the transmission of the order will not be considered.
6) Methods of payment
6.1) The consumer customer can pay by credit card (Moneta, Visa, MasterCard, Diners / Discover, Maestro, JCB, UnionPay), Paypal, Postepay, cash on delivery only if made in cash, bank transfer in advance to be made to the following extremes: IBAN IT22F0306984482100000001869; sent to Argital S.r.l., with indication of the reason of paying displaying the order number of the product purchased.
7) Delivery of products
7.1) The purchased product, together with the accompanying invoice, will be shipped by courier directly from the Argital S.r.l. warehouse closest to the delivery location/address indicated by the consumer customer when formulating the purchase order.
7.2) Delivery will take place no later than 3 working days from the date of acceptance of the purchase order, without prejudice to the right of Argital S.r.l. to communicate reasonably longer times for the delivery of the order to the consumer customer.
7.3) The obligation to deliver the product is considered fulfilled by Argital S.r.l. through the material availability of the product ordered for the consumer customer at the address indicated in the purchase order.
7.4) In the event of impossibility to deliver the order due to the absence of the recipient at the address indicated in the purchase order, the goods will be returned to Argital S.r.l. with the right of the latter to request the customer to pay the expenses in advance.
7.5) In the event that the consumer customer unreasonably refuses the delivery of the purchased product or refuses to pay the relative mark, all the consequent costs of shipping and returning to the sender will be charged to the consumer customer.
7.6) In the event that the ordered product is not available after sending the purchase order by the consumer customer, Argital S.r.l. must immediately inform the consumer customer by email or by telephone. In this case, the consumer customer may at his choice defer the delivery of the product by Argital S.r.l., or request the termination of the contract with consequent reimbursement of any price already paid to Argital S.r.l.
8) Product conformity guarantee
8.1) If the product purchased online by the consumer customer presents nonconformity (it is not suitable for the use for which it was created, it does not comply with the description given in the characteristics and in the main information sheets) pursuant to art. 129 of the Consumer Code, the consumer customer may alternatively request the replacement of the product or the termination of the contract.
8.2) In case of contract termination Argital s.r.l. will return to the consumer customer the total price paid.
8.3) Any product defects caused by unforeseeable circumstances, accidental events and on responsibility of the consumer customer are excluded from the aforementioned warranty right.
8.4) Are also excluded from the aforementioned right of guarantee the defects of the product caused by use not in accordance with its intended purpose or the technical characteristics and methods of use of the same indicated in the documentation attached to the product itself or in the directions for use.
8.5) Argital s.r.l. is responsible towards the consumer customer pursuant to the right to guarantee the conformity of the products, provided that the defect occurs at the time of delivery and is reported by the consumer customer no later than 72 hours from the date of delivery by e-mail addressed to email@example.com or by registered letter with return receipt addressed to Argital S.r.l., Via della Tecnologia n. 9, Modica (Italy), c.a.p. 97015.
8.6) In order to benefit from the right to guarantee the conformity of the products, therefore, the consumer customer will be obliged to provide proof of the delivery date of the product, through the attached invoice or other suitable document to certify the delivery date.
9) Damage due to transport
9.1) Upon delivery, the consumer customer must ensure: that the package is intact and
that it has not undergone any break-ins; that the number of packages of the products delivered is in accordance with the number of packages of the products indicated in the order and in the accompanying invoice; that the products delivered comply with the type indicated in the order and in the accompanying invoice.
9.2) The goods travel at the risk of the consumer if they are shipped carriage forward. Any damage suffered during transport will therefore be charged on the consumer customer. In all other cases, any damage suffered during transport will be charged on Argital s.r.l. and this until the consumer customer or person appointed has not entered into the material possession of the asset of which it ipso jure assumes the custody.
9.3) In the event of delivery of goods damaged during transport, in any case, the same must be immediately communicated to the carrier upon delivery, or no later than 72 hours from the delivery date by email sent to firstname.lastname@example.org or registered letter with return receipt addressed to Argital S.r.l., Via della Tecnologia n. 9, Modica (Italy) c.a.p. 97015.
9.4) Otherwise, the product will be considered delivered to the consumer correctly and the same will have no objection in this regard.
10) Right of withdrawal
10.1) The consumer customer may exercise the right of withdrawal from the distance sales contract no later than 14 working days from the date of delivery of the product to the consumer customer himself or to the third recipient.
10.2) In order to exercise the right of withdrawal, the consumer customer, within the term of 14 working days from the delivery of the product, he/she must communicate his/her will writing by e-mail sent to email@example.com or registered letter with return receipt addressed to Argital S.r.l., Via della Tecnologia n. 9, Modica (Italy), c.a.p. 97015.
10.3) This communication must contain: general information and address of the consumer customer, order number and date of receipt of the same.
10.4) For the purposes of timely withdrawal, the date of sending the communication and not of receipt of the same will be considered.
10.5) Argital s.r.l. will not be required to bear the additional costs of the delivery methods for withdrawal chosen by the consumer customer other than the delivery methods used by Argital s.r.l. to provide for the original delivery of the product to the consumer customer.10.5) Argital s.r.l. will not be required to bear the additional costs of the delivery methods for withdrawal chosen by the consumer customer other than the delivery methods used by Argital s.r.l. to provide for the original delivery of the product to the consumer customer.
10.6) The integrity of the returned product following the exercise of the right of withdrawal is an essential condition for the exercise of the right itself.
10.7) The refund is subject to the return to Argital S.r.l. of rejected products and on condition that they have not suffered damage or break-ins. In fact, the products must be returned to Argital s.r.l. intact, in original packaging, with the original labels applied, with the original packaging including the documentation accompanying the delivery of the product.
10.8) In the event that the right to withdrawal is exercised by the consumer customer once the term of 14 working days from the date of delivery of the product has elapsed, since the contract is not terminated, such late withdrawal will not give the right to any refund and return in favor of the consumer customer.
10.9) If the consumer customer also sends the product to Argital S.r.l., the same will be kept by Argital S.r.l. who will make it available for collection which must take place at the expense of the consumer customer no later than 60 days from the date on which the product is received by Argital s.r.l.
10.10) If this term has expired unsuccessfully, Argital s.r.l. will be exonerated from any obligation of custody and delivery of the product to the consumer customer.
11) Applicable law and competent court
11.1) This contract is governed by Italian law. Any dispute relating to this contract will be the responsibility of the consumer court.