General Conditions of Sales
The General Conditions of Sale (hereafter “GCoS”) contained herein shall apply to all offers and sales of products on this website - www.colliniatomi.it - with a special mention to art. 5 “Right of Withdrawal”.
The website is managed by Collini Atomi di Scarpa S.r.l., a company whose registered office is at via Oltrebrenta, 21 – Noventa Padovana (PD). The company is also holder of the domain name at whose URL the website is visible.
The goods purchased on the website are sold by Collini Atomi di Scarpa S.r.l.
COLLINI ATOMI DI SCARPA S.R.L. is a company registered in the Company Register of Padua, Italy, REA no. 117648, CF/ VAT no. 00167920289. The company's share capital amounts to € 51,480 and has been entirely deposited. The registered office of COLLINI ATOMI DI SCARPA S.R.L. is at via Oltrebrenta n°21 in Noventa Padovana (PD) and may be reached on the telephone number +39 049 502052 and at the e-mail address [email protected]
If you wish to request general information, lodge a complaint about sales, or need more information about purchase orders, products, shipping and payments, you may contact our Customer Service by accessing the “Contacts” section of this Website.
Scope of the GCoS and user registration on the Website
The GCoS are applied to all sales carried out on the website Colliniatomi.it. The company reserves the right to modify at any time the CGoS. Any amendments to these CGoS shall be active since the moment they are published on the “General Conditions of Sale” section of this Website and shall be applied to all orders carried out from that time onwards until the publication of new GCoS. The territorial scope of applicability of GCoS is the European Union territory. Colliniatomi.it shall not be responsible for any sales of products and services carried out by third parties who are recalled on the Website through hypertext links. Colliniatomi.it does not control those Websites and therefore shall not be liable for any omissions, inaccuracies or violations of law. Access to products on the Website and to offers is limited to users aged 18 and previously registered on the Website. Access to offers on the Website is allowed to users who are consumers, as defined in article 3, paragraph 1, point a) of Legislative Decree No. 206/2005 (Consumer Code), meaning natural persons who access the Website with purposes unrelated to the commercial, craft, entrepreneurial or professional activity in which they are potentially involved, but also to users who are not consumers within the meaning of that definition and therefore VAT-registered “persons-firm”, for whom some specific rights lapse in accordance with the provisions of law, such as particularly the “Right to Withdraw”. Colliniatomi.it reserves the right to reject any order which proves to be abnormal due to quantity of ordered products or to ordering frequency. Registration on the Website is free and involves the acceptance of GCoS; if they are not accepted, ordering on the Website is not allowed. The username may not be transferred or used by third parties. The user guarantees that the information provided during the registration procedure on the Website are complete and truthful. The user agrees to hold harmless Colliniatomi.it from any indemnity obligations and/or sanctions resulting from and/or in any way connected with user’s violation of website registration rules. By registering on the Website the user agrees to receive per e-mail communications about the established commercial transactions. Sales on the website are subject to a limitation in time and usually concern with a limited number of available products. If the user does not want to receive e-mails with information about the beginning of sales anymore, he/she may cancel his/her account from Website pages in his/her personal area or otherwise by forwarding his/her request to our Customer Service in “Contacts” section.
1. Information on contract conclusion
In conformity with Legislative Decree of 9th April 2003 no. 70, concerning provisions on electronic trade, Colliniatomi.it informs the user that: in order to conclude the purchase of one or more products on the Website, the user must fill in an online order form and submit it to Colliniatomi.it by electronic means, by following the instructions which accompany the purchase stages on the Website. The contract is concluded when Colliniatomi.it registers the order form, after verifying the accuracy of order and payment data. Before submitting the order form, the user may find and correct any data-entry errors by following the instructions which accompany the purchase stages on the Website. As Colliniatomi.it registers the order form and receives the confirmation of the authorisation to pay the due amount, it will send the user an e-mail with the order confirmation and the payment receipt, containing a summary of the GCoS, information about the characteristics of the purchased product, a detailed indication of price, payment means, modalities for the exercise of the right of withdrawal, shipping charges and any additional costs, as well as the Customer Service indication, to whom the user may address to request assistance and/or lodge complaints. We recommend to keep this e-mail as proof of purchase; the order form will be saved in the database of Coliniatomi.it for the time necessary to process the order, or in any case, within the terms of law. User may consult the “Profile – My orders” Website section to access his order form, where he/she can find all his/her purchase orders.
2. Offer and price validity
Offers published on the Website are limited in duration. The validity period of offer is specified on the Website and notified to the user per e-mail with the announcement of the sale beginning. All product prices are expressed in Euros (€) and include VAT (Value Added Tax) in force in the territory both as regards Italian customers and private customers coming from other European Union countries: all prices report the indication (including VAT). Concerning European Union firms, VAT amount is automatically taken off as soon as they login using their own credentials. Shipping charges and any other additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated both in the order form before the user proceeds with its submission and in the order confirmation e-mail. The product price may be modified without notice, provided that the price charged to the consumer will be that which was published on the product fiche as the order was sent. Products shall remain the property of Colliniatomi.it until the user has paid the total amount due, i.e. purchase price, shipping charges and any additional costs.
3. Purchase orders and product availability
Colliniatomi.it shall proceed with the purchase order only after having received the authorisation confirmation to pay the total amount due, consisting of purchase price, shipping charges and any additional costs, as stated in the order form. Colliniatomi.it reserves the right to reject any order coming from users who do not provide sufficient guarantees of solvency or with whom there are pending disputes. Products offered on the Website have limited availability; therefore, it may happen that, since many customers could buy the same product at the same time, the ordered product is not available anymore after the submission of the purchase order. In case of product unavailability, the customer will promptly be informed per telephone or per e-mail and he/she will be empowered to decide whether to wait for the ordered goods to be available again or to cancel the order. In the latter case, if the payment has already been made, Colliniatomi.it will refund as soon as possible (or, in any case, within 30 days) the total amount paid by the customer, consisting of purchase price, shipping charges and any other additional costs. The order may also be partially cancelled with an adjustment of shipping charges or additional costs, if necessary. The refund amount will be notified per e-mail and credited using the same means of payment used by the consumer to make the purchase. Any delays in the credit may depend on the bank institution, type of credit card or payment solution used. Regardless, the value date of the payment will be credited back to the date it was paid.
You may find useful information at the following link HYPERLINK "http://www.colliniatomi.it/it/spedizioni"http://www.colliniatomi.it/it/spedizioni. If a specific delivery term is omitted, in any case your purchase will arrive within 30 days starting from the date after the order was made. The ordered products will be delivered only to the shipping address specified by the user in the order form. If you select UPS as carrier (compulsory choice for private customers), as the products are delivered, a shipping confirmation e-mail will be sent to the user with the tracking number through which he/she may check the shipping status and follow the delivery in real time. Otherwise, if you select GLS as carrier (for firms only), no e-mail will be forwarded, but the tracking number may be requested per telephone or per e-mail. Goods shall be delivered from Monday to Friday, during normal business hours, national holidays excluded. Colliniatomi.it reserves the right to make use of other carriers and/or different delivery methods if these proove to be equal or better not only for the seller but also for the user and in any case without any additional charges. The delivery is considered as complete once the parcel is in the user's physical possession at the shipping address specified in the order form. Floor delivery is not envisaged. If the parcel is not delivered due to absence of the consignee at the address specified in the order form, the carrier will leave an attempted delivery notice with the telephone number the user will have to call to arrange a redelivery. After three unsuccessful delivery attempts, the parcel will be put in storage and the Customer Service will contact the user to release the goods and make sure that they will be delivered as soon as possible. If necessary, the Customer Service will agree with the user upon the modification of the delivery address. In the event that even the delivery attempt after the conversation with the Customer Service is unsuccessful, the parcel will be shipped to Colliniatomi.it and the user will be informed of such circumstance per-email. The user shall acknowledge shall that, after thirty (30) days since the parcel is sent back to Colliniatomi.it the contract shall be understood to be terminated and the purchase order cancelled pursuant to the article 1456 of the Italian Civil Code. Once the contract is terminated, Colliniatomi.it will proceed with the refund of the total amount paid by the user, minus charges of the unsuccessful product delivery as well as other incurred costs. The contract termination and the refund amount will be notified to the user per e-mail. The refund amount will be credited using the same means or solution of payment used by the customer to make the purchase. If the user, before thirty (30) days have elapsed, asks to receive the purchased product again, Colliniatomi.it shall proceed with a new delivery subject to charging not only the its costs, but also the costs of returning the product to Colliniatomi.it. In case the purchased product is not delivered or is delivered late, the user may lodge a complaint to Customer Service by accessing the “Contacts” section of the Website. Colliniatomi.it will examine the complaint and if it appears that the failure or delay in delivery is attributable to Colliniatomi.it and not to fortuitous events or force majeure, the user may have the possibility to use the ordinary legal means available by law: if the parcel is not delivered, Colliniatomi.it will refund the total amount paid by the user, i.e. purchase price, shipping charges and any other additional costs, as soon as possible or in any case within thirty (30) days starting from the date in which the user was informed about the complaint outcome. It is up to the recipient to check the status of the delivered product. If the packaging shows visual traces of tampering or alteration, the user will have to accept the goods under reservation and report such damages promptly to the Customer Service, by accessing the “Contacts” section of the Website. Without prejudice the application of the provisions laid down in the articles 5 (“Right of Withdrawal”) and 7 (“Legal warranties and non-conformity of products”) of these CGoS.
5. Right of Withdrawal
Pursuant to Legislative Decree No. 206/05, if the customer is a consumer (i.e. a natural person who purchases goods for purposes not related to his/her professional activity) he/she has the right to withdraw from the purchase contract for any reason whatsoever, without any explanation and without any penalty, subject to the points made below. To exercise his/her right of withdrawal the user must inform us of his/her decision to withdraw from this contract by means of an explicit statement (e.g. a letter sent by post, fax or e-mail). He/she may either use the model withdrawal form downloadable from the following link http://bit.ly/Recesso-Collini (not compulsory) or fill in and submit the model withdrawal form or any other explicit statement. In case the user chooses the latter options, we will send him/her an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
Collini Atomi di Scarpa S.r.l.
Via Oltrebrenta, 21
35027 Noventa Padovana (PD)
tel. 049 502052
fax 049 502678
In order to meet the withdrawal deadline, it is sufficient for the user to send his/her communication concerning with his/her exercise of the right of withdrawal before the withdrawal period has expired.
Once we have received the aforesaid notice of withdrawal, the Customer Service of Collini Atomi di Scarpa S.r.l. will promptly communicate the restitution instructions to the consumer by assigning a unique RMA code for the restitution of the goods which must return to Collini Atomi di Scarpa S.r.l. within fourteen (14) days from authorisation. Goods must be returned complete in all their parts and in their original packaging (envelopes and packagin), having been kept and possibly used in accordance with normal diligence, without any signs of wear or dirt and in compliance with the following conditions:
- the right to cancel is to be applied to the purchased product as a whole: returning only part of the purchased products is not possible;
- the purchased products must be returned intact and in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc…): in order to minimize damages to the original packaging we recommend to insert the latter into a second box, which must have a label with the RMA number (i.e. product return authorisation code) upon it; in any case neither labels nor adhesive tapes must be applied directly on the original product packaging;
- shipping costs related to return goods shall be borne by the consumer by law;
- until receipt confirmation by our warehouse is given, freight liability shall be borne solely by the consumer;
- should the goods be damaged while shipping, Collini Atomi di Scarpa S.r.l. shall notify the customer so that he/she may promptly lodge a complaint against the used courier and obtain appropriate compensation for the product value (if this was insured) within five (5) working days from receipt of the goods in our warehouse. The product shall then be made available to the consumer at the same time as cancelling the withdrawal request;
- Collini Atomi di Scarpa S.r.l. shall not be liable in any way for damages or theft/loss of goods returned via uninsured shipments;
- as the products arrives in our warehouse, it will be inspected for any damages or signs of tampering not related to transport. Should the package and/or the original packaging be damaged, Collini Atomi di Scarpa S.r.l. shall deduct from the refund a percentage not greater than 10% of the amount paid, as a contribution towards the packaging replacement costs.
Without prejudice to any restoration costs for damages to the original packaging, Collini Atomi di Scarpa S.r.l. shall refund to the consumer the full amount paid within fourteen (14) days from the date of product return by transferring the debited amount via bank wire transfer. In this case the consumer shall promptly provide the bank account details on which the refund can be obtained (IBAN code of the account holder to which the invoice was issued). Furthermore, all withdrawal rights are automatically voided in case of lack of the essential condition of integrity of the good (package and/or its content), whenever Collini Atomi di Scarpa S.r.l. assesses: non-diligent use of the product, thus having compromised its integrity (packaging and/or its content) or the use of any supplies; lack of external package and/or original internal packaging; missing integral elements of the product (e.g. accessories, cables, manuals, components, etc…); damage to the product for reasons other than transport. In case the withdrawal right lapses, the goods shall remain at the premises of Collini Atomi di Scarpa S.r.l. available to the consumer for collection at his/her expense.
6. Payment methods
You may find all information related to this paragraph at the following link: http://tinyurl.com/collini-pagamenti
7. Legal warranties and non-conformity of products
Images and colours of products published on the Website may differ form the real ones due to local configuration of systems and/or tools used for their visualisation. Colliniatomi.it undertakes to correct promply all the mistakes in product descriptions on the Website, as soon as the errors are notified to the Customer Service by accessing the “Contacts” section of the Website. All products sold on the Website are covered by Legal Warranty of Conformity provided by articles 128-135 of Legislative Decree No. 206/2005 (Consumer Code) (Legal Warranty). The legal guarantee is for consumers and therefore is to be applied only to private users who purchased on the Website for purposes unrelated to the commercial, craft, entrepreneurial or professional activity in which they are potentially involved. The seller (i.e. Colliniatomi.it, as regards purchases carried out on the Website) shall be liable to the consumer for any conformity defects existing at the time of product delivery and becoming apparent within two (2) years from that delivery. A lack of conformity exists when the purchased product:
- is not suitable to perform the function for which goods of the same type are normally used;
- does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;
- does not have the features and performance that are normal for a products of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;
- is not suitable for the specific use desired by the consumer who informed the seller at the time of the contract completion, culminating in the seller’s acceptance of the situation.
Consequently, the application scope of the Legal Warranty does not included any defects or malfunctions which were caused by unanticipated events or due to user’s responsibility, i.e. by any use of the product that does not comply with its intended use and/or the information contained in the technical documentation attached to the product (where existing) or in its user instructions. Also those products that are repaired, modified or in any way altered by the user are excluded by the Legal Warranty. The conformity defect must be reported to the seller within two (2) months from the date of its discovery, otherwise the warranty will no longer be valid. Unless the contrary is proven, any lack of conformity which becomes apparent within six (6) months from product delivery shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. As from the seventh month subsequent to product delivery, the consumer shall have the burden of proving that the conformity defect existed already at the time of delivery. In order to be able to avail of the Legal Warranty, the user shall therefore first of all provide proof of the purchase and delivery date of the product. For this purposes of this proof, the user shall keep any tax documents that can attest the purchase date (e.g. the credit card statement). In case of conformity defect duly reported within the agreed period of time, the user has the right: firstll, at his/her discretion, to the free repair or replacement of the product, unless the requested solution is objectively impossible or excessively expensive compared to another, and therefore, in this specific case, considering the sale type, to the replacement, if possible in relation to the number of articles still available to be sold; secondly (i.e. if repair or replacement are impossible or prohibitively expensive or the repair or replacement were not carried out within a reasonable time or the repair or replacement previously made has caused significant inconvenience to the consumer) to a price reduction or termination of the contract, at his/her choice. The requested method shall be intended as excessively expensive if it imposes costs on the seller that, in comparison with the alternative remedies, are unreasonable, by taking into account:
- the value which the product would have if there was no conformity defect;
- the extent of the conformity defect;
- the possibility that the alternative remedy can be carried out without considerable inconvenience for the consumer.
In the event that a product purchased on the Website, during the validity period of the Legal Warranty, manifests a possible conformity defect, the user must contact the Customer Service of Colliniatomi.it, by accessing the “Contacts” section of the Website, also to agree upon the shipping methods of the goods. The repair or replacement of defective products, if due, shall be carried out as quickly as possible and, in any case, except for exceptional reasons or force majeure, within forty-five (45) days from the date when Colliniatomi.it received the defective product. In the event of contract termination, Colliniatomi.it shall refund the user the total amount paid, consisting of purchase price, shipping charges and any other additional costs. In case of a price reduction, Colliniatomi.it shall refund the reduction amount, as it has been previously agreed with the user. Alternatively the user may choose to receive a gift card expendable on the Website, whose value equals the refund amount or, respectively, the reduction amount for which he/she is eligible. The refund or reduction amount shall be notified to the user per e-mail and credited using the same means or solution of payment used by the customer for the purchase. Colliniatomi.it shall not be liable for any damages whatsoever, ensuing from the improper use of the product and/or use that does not comply with the instructions provided by the manufacturer, as well as in the case of damage due to fortuitous events or force majeure.
8. Manufacturer’s Conventional Warranty
Depending on their nature, products sold on the Website may be covered by a conventional warranty granted by the manufacturer (i.e., Conventional Warranty). The user may invoke that warranty against the manufacturer only. The duration, the scope – also territorial -, the conditions and use modalities, the kinds of covered damages/defects and the possible limitations of Conventional Warranty depend on the individual manufacturer and are specified in the warranty certificate included in the product packaging. The Conventional Warranty has a voluntary nature and neither is it to be added, nor replaces, limit, prejudice or exclude the Legal Warranty.
9. Liability exclusion in case of force majeure
Colliniatomi.it shall never be liable for non-fulfilment of any of its obligations ensuing form the GCoS herein if such non-fulfilment is caused by fortuitous events and/or force majeure, including without limitations, natural disasters, terrorists attacks, strikes, network and/or power failures.
10. Promotional operations
Colliniatomi.it may arrange special discounts limited to Website users. The regulation of every promotional operation will be available on the specific Website section. If discounts consist of discount vouchers or equivalent forms, they shall not be converted into cash under circumstances.
The GCoS herein and the Special Conditions, if applicable, represent the entirety of agreements between Colliniatomi.it and the Website users, with reference to the sales carried out on the Website.
12. Applicable law and court with jurisdiction
Contracts stipulated between Website users and Colliniatomi.it are governed by Italian law. The provisions of Articles 50 et seq. of the Consumer Code apply to these specifically. For any dispute relating to the application, performance, interpretation of the GCoS herein, the court with jurisdiction shall be the place of residence or elected domicile of the user.
13. Alternative dispute resolution
We inform customers living in Europe that the European Commission set up an online platform providing an alternative dispute resolution mechanism. This may be used to settle any dispute concerning and/or arising from online contracts for the sale of goods and services out of court. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
14. Suspension and/or modification and/or discontinuance of website sales
Colliniatomi.it reserves the right to suspend, modify and/or discontinue website sales. Colliniatomi.it shall in no way be held responsible or liable to the user or any third party for the suspension, modification and/or discontinuance.