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Conditions of Use |
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- Pursuance
These General Sales Conditions apply to all those sales conducted by Frassené (following denominated also "Shopelite") on the Shopelite-it.com (alternatively, “the website”). General sales conditions can be modified at any moment. Possible modifications and/or new conditions will be valid since their publication in the “Information” and/or “General Sales Conditions” sections of the website. For this reason users are invited to regularly log in the website and verify the publication of the most updated General Sales Conditions.
General Sales Conditions that can be applied are those valid in the date of purchasing order.
Present General Sales Conditions can be applied to the territories reached by the forwarding services offered on this website.
Access to offers presented on the website is reserved exclusively to users that are consumers, meaning by that any physical person that logs on to Shopelite-it.com for purposes non directly related to commercial, professional or entrepreneurial activity, and are Shopelite registered members. A Shopelite account is necessary to become a registered member and have approved the actual General Sales Conditions. The creation of the Shopelite account, upon approval of these General Sales Conditions, can be done by clicking on the “Create an Account” button in the website homepage.
The user, with these General Sales Conditions, also accepts to receive commercial offers from the Shopelite.
- Information for the termination of the contract
In compliance with the law in trade subject, SHOPELITE informs the user that :
- To terminate the purchasing contract of one or more products on Shopelite-it.com, the user will have to electronically fill out an order form and send it to SHOPELITE via e-mail, following the instructions that will appear on the website and that will follow the different phases of the purchase;
- The contract ends when SHOPELITE records the purchasing order, after verifying the correctness of data related to the order and payment;
- Before proceeding to the purchase of products and the transmission of the order, the user will be asked to read the General Sales Conditions and print out a copy and memorize it on a hard copy (durable support);
- Before proceeding to the transmission of the order, the user will be able to point out and correct any possible mistake concerning data insertion by following the instructions indicated on the website that will be found through each phase of the purchase process;
- Once the order form has been recorded, SHOPELITE will send an order confirmation and the payment receipt to the user via the e-mail address indicated by the user with a recap of General Sales Conditions, information on the features of the product that has been bought, a detailed indication of the price, ways to exercise withdrawal rights, shipping costs and possible additional costs also with customer service indication. Please save the received e-mail as proof of purchase;
- The order form will be filed in SHOPELITE data bank for the time needed to issue the order and within law requirements. To access his order form the user will be able to consult the My Account section – Cart Content on the website where he’ll find a list of all the orders issued.
- Offers
Offers published on the website are reserved to Shopelite account owners. Offers are published in Italian and in English.
- Prices
All prices indicated on the website are expressed in (€) and Vat is not included. The contribution to order’s issue expenses is indicated and Vat is not included. Such a contribution will be separately highlighted on the order form before the shipping and on the order confirmation e-mail. Products pricing can be modified without notice, bearing in mind that the price charged to the user will be the one that’s published on the product’s data sheet until the order is being sent. Products will remain under SHOPELITE property until purchasing price and expenses payment have been made by the user.
- Orders
Purchase order will be issued only after Shopelite has received a confirmation of the payment transaction of the total amount due, constituted by the price of the product(s), order’s issuing expenses and shipping costs, as indicated in article 4, more than the taxes, if due. Shopelite reserves the right to refuse any order coming from users that don’t give enough solvency warranties/indemnities or with which pending controversies exist or present uncommon purchasing situations. Since products offered in Shopelite-it.com are limited in numbers and can be sold with discounts, it might happen the the ordered product is not available following the recording of the purchase order. In case of unavailability of the ordered product the client will be promptly informed via mail and the purchase order will be cancelled.
If payment has already been executed, Shopelite will immediately reimburse the sum paid by the user, including order carrying out expenses and shipping costs, however within the thirty day deadline to begin the first day after the order confirmation. The amount of the reimbursement will be communicated via e-mail and re-accreditated with the same payment conditions or credited through bank transfer to the coordinates supplied by the user.
- Deliveries
Delivery time is indicated in the purchase order as recorded in the “My Account” section of the website and specified in the order confirmation. The delivery will anyway take place within thirty days from the one following the order. Ordered products will be sent to the address specified by the user in the order form. When products are given to the forwarder / carrier, the user will be sent a confirmation e-mail about the delivery.
Deliveries will be made through TNT forwarder for the Italian territory and UPS for the rest of the world from Monday to Friday, working hours, excluding national festivities. The possible use of different delivery means and / or through another forwarder will be decided by Shopelite considering the nature of the product ordered. In this case the variation will be specified in product’s sheet. The delivery is considered completed when the product is available to the user at the address specified in the order form.
In case of missed delivery due to absence of the consignee at the indicated address, the forwarder will leave a note to certify the attempted delivery. On the note it will be indicated how to contact the forwarder and schedule an appointment for the delivery. Anyway, within the five days following the missed delivery and if the client will have communicated his telephone address, the forwarder will try to contact via phone the consignee to agree a delivery date. After these 5 days, Shopelite Customer Service will send an e-mail to the user to agree on a new delivery date. If neither this attempt results positively, the product that had been bought will be given back to Shopelite. After thirty days from the date in which the product has been sent back to Shopelite, the contract will be considered resolved and the purchase order cancelled pursuing art. 1456 c.c. Shopelite will proceed in reimbursing the sum paid by the user for the net cost of the failed delivery of the product alongside with the cost for re-sending it back to Shopelite and custody costs. Cancellation of the contract and the amount of the reimbursement will be communicated via e-mail. The amount of the reimbursement will be re-accreditated with the same payment conditions or creditated through bank transfer to the coordinates supplied by the user.
In case the user asks again for the product before the expiring date of thirty days Shopelite will proceed with delivering them, along with its costs, product restitution to Shopelite costs and custody costs. The consignee shall verify the conditions of the delivered product. If the package presents clear signs of alteration or tampering, the user must communicate it to Shopelite Customer Service through fax or e-mail via fax or e-mail indicated on the section information "who we are".
- Recess Right
The user who bought products through Shopelite-it.com has the right to recess from the contract drawn with Shopelite with no penalty and without specifying the reason, within (10) workdays upon receipt of the goods.
To execute this right, he must:
- Contact, via phone or e-mail, Shopelite Client Service to ask for a returning authorization code (“CAR”) that will have to be clearly indicated and that will be used for the recovery of the product. Customer service will communicate the CAR immediately through the same channel used by the user.
- Send to Shopelite Customer Service the communication of the recess through registered letter with notice of receipt to this address: Servizio Clienti Frassené, via Fornaci 4 35014 Fontaniva (PD) , Italy . The communication can also be sent, within the same deadline, by telegram, telex, e-mail and fax, as long as it is confirmed via registered letter with notice of receipt within the following 48 hours. Registered letter is intended to be sent if delivered to the accepting post office withing the aforementioned deadline;
- Provide, by using a forwarder of choice and on his own expenses, within ten working days upon receipt of the goods, to the forwarding of the good/s bought, opportunely packed and protected in its original packaging, alongside with possible accessories, manuals and documentation. Id card and / or stickers, if present, must still be attached to products when they’re given back. Product integrity is an essential condition to exercise recess rights. Products must not have been tampered or damaged;
- Fill out and enclose to the goods to give back the Order Recess form received with the delivered products
Goods will have to be returned to the following address:
SHOPELITE
c/o FRASSENE’ srl
Via Fornaci 4
35014 Fontaniva (Pd)
It is not a condition for exercising recess rights that the goods is insured against theft and accidental transportation damages. However, since the risk associated with the return of the goods is on the buyer, Shopelite invites the buyer that intends to exercise his recess rights to ensure, paying the expenses, the delivery for the value indicated in the e-mail confirming the purchase order.
Accordingly to the art. 67, IV comma, D.L. 6 settembre 2005 n° 206 (“Consumes code”), only after having received the product/s and only after having positively checked the aforementioned b) and c) points, Shopelite will proceed, in the shortest possible time, to reimburse the sums paid by the user. The amount of the reimbursement will be communicated via e-mail and re-accreditated with the same payment conditions or credited through bank transfer to the coordinates supplied by the user. Pursuing art. 55 of Codice del Consumo, recess rights are excused in case the sale concerns:
- Custom made products or personalized or that cannot be resent because of their origin / nature or risk the deteriorate or rapidly change;
- Audio/visual products or sealed informational software, opened by the user;
- Newspapers, periodics or magazines..
- Regulation
Payment for the products bought on Shopelite-it.com will take place through credit card. Shopelite accepts credit cards Cartasì/Visa as long as the owner has activated a security protocol Verified by Visa (VBV), also issued cards enabled to pay online.
To pay for the products bought on the website the user can only use Shopelite online payment whose “General sales conditions” can be found on the “Information” and “General sales conditions” section of the website, that the user must acknowledge and accept.
- Warranties and Product non-compliances
Colour images of the products as seen on the website may differ from real ones because of local settings and / or instrument used to see them. In case of fault in product’s conformities compared to what published on the website, the user has the right to have the product repaired or substituted, without any further cost, where that is possible compared to the number of pieces available for sale and excepting the substitution or repair are too expensive for the seller in consideration of the value the product would have if there were no faults in conformity and the degree of such fault. Alternatively, the user has the right to an adequate price reduction or the cancellation of the contract.
In case the contract is cancelled, Shopelite will return the price paid by the user, other than shipping costs and other possible expenses. In case of a price reduction, Shopelite will return the amount of the reduction. The amount of the reimbursement will be communicated via e-mail and credited through bank transfer to the coordinates supplied by the user. The user will have to agree with Shopelite Customer Service the means of shipping for the products. The user will have to notify Shopelite the non-compliance fault within 1 week from the date the fault has been discovered, or it will have no validity anymore. Products that are repaired, modified or in any way tampered by the user are excluded from the non-compliance warranty.
Shopelite cannot be held responsible in case of damages, of any kind, deriving from the installation and / or use of the product in an inappropriate and / or non-complying with the instructions given by the supplier or in case of damages deriving from accident or fortuitous cases. Conventional warranties related to sold products are those supplied directly by the producer.
- Responsibilities
Products offered on the website are in compliance with national and community legislation in Italy. Shopelite commits to correct all of the mistakes in the description of the products offered on the website, in the shortest possible time, beginning from their claim. Claiming mistakes can be done Shopelite Customer Service to the addresses and numbers indicated in the premise. Shopelite won’t be held responsible in case of losses in earnings, proceedings or information of any kind or for any other indirect damage deriving or connected to the actual General Sales Conditions. Shopelite’s responsibility, in any case, won’t be superior to the total value of the purchase order.
- Force Majeure
Shopelite can’t be held responsible in any case for the defaulting of any single one of the obligations deriving from the present General Sales Conditions in the hypothesis that the defaulting is caused by a possible and / or force majeure case, including, for example, natural disasters, terrorist attacks, web malfunctions and / or blackouts.
- Prizes and contests
Shopelite will have the possibility to organize contests with prizes reserved to members of Shopelite club. Regulations of each contest and / or operation will be available for consultation in the “Offers” section of the website. If prizes are constituted by discounts or equivalent, it won’t be possible in any case to convert them into money.
- Completeness
These General Sales Conditions, together with the Conditions of Use in Shopelite payment solution and Service Conditions in Shopelite account, represent the bunk of agreements between Shopelite and Shopelite Members, with reference to the purchase of products through the website.
- Applicable law and competing forum
Contract stipulated between Shopelite members and Shopelite are ruled by the Italian Law. The dispositions in artt. 50 e ss. In the Consumer’s code particularly apply to them. Any controversy related to the application, execution, interpretation of these General Sales Conditions competes to the Foro del Tribunale di Vicenza.
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