CONDITIONS OF SALEThe products listed on the site shop.ausoniatools.com and the sale of said products are subject to the following general conditions of sale based on the provisions of [Italian] Legislative Decree no. 206 dated 06/09/2005 (Consumer Code), which state as follows:
- "online sales contract" shall signify a contract agreed by telematic means, in which the legal transaction concerning the sale of movable goods and/or services is stipulated between a professional operator/Seller, in this case AUSONIA NANUTTI BELTRAME SPA – Maniago (PN) via Arba 31, Tax/VAT code 00074580937, registered with the Company Register of Pordenone under number IT00074580937 (hereinafter referred to as “Seller" or “AUSONIA") by means of the online services of shop.ausoniatools.com, and a Customer (hereinafter referred to as "Customer") utilizing an online system of sales organized by the professional operator/Seller who, for the purposes of the Contract, operates exclusively using the remote system of communication known as the "Internet".
- "professional operator" shall be deemed as being the natural or legal person who conducts their business or professional activities, or an intermediate subject.
- "Customer" shall be deemed as being the natural adult person who acts for purposes unrelated to any business or professional activities that might be conducted.
1. AREA OF APPLICATION OF THE CONDITIONS OF SALE
1.1 Purchases made through shop.ausoniatools.com shall be governed, as regards any aspects not expressly specified in these conditions of sale, by [Italian] Legislative Decree no. 185 dated 22 May, 1999 relative to consumer protection in telematic contracts, as well as [Italian] Legislative Decree no. 70 dated 9 April, 2003 relative to e-commerce. The articles listed on the site may be purchased, subject to availability, by persons of not less than 18 years old.
1.2 All contracts shall be stipulated directly by accessing the internet site corresponding to the address shop.ausoniatools.com, by which the Customer may enter into the contract for the purchase of the selected product by carefully following the appropriate instructions and procedures. The purchasing process may be interrupted at any time without consequences of any nature. The order number shown in the e-mail receipt should be used as a reference when requesting customer service.
1.3 These general conditions of sale shall form an integral and substantive part of this sale contract, and should therefore be examined by the Customer prior to the completion of the purchase procedure. The forwarding and closure of the order shall therefore imply their full knowledge and acceptance of the same.
1.4 The characteristics of the product may be examined in the Seller's catalogues, which can be downloaded from the site www.ausoniatools.com, and reproduce the products marketed in the most accurate and faithful manner possible.
1.5 AUSONIA undertakes to operate with the utmost precision. However, unintentional technical or factual errors or inaccuracies, and/or printing errors, are always possible. The Seller reserves the right to modify the site when necessary without prior notice. In addition, AUSONIA does not guarantee that the information contained on their site is in compliance with the laws of every country or that the sale of the products listed on the site is permitted in every country.
1.6 The Customer, by submitting their purchase order via the internet, unconditionally accepts and undertakes in their transaction with AUSONIA to comply with the general conditions of sale, including the conditions of payment described in a later section, and declares that they have examined and accept all the indications provided.
1.7 AUSONIA shall not be bound by different general conditions of sale unless agreed in advance and accepted in writing.
1.8 Purchase requests made from countries other than that selected by the Customer in the Site's "selection menu" or destined to countries to which the Seller is not permitted to despatch (for example, if the Product ordered is not approved in the country of destination) shall not be accepted by the Seller.
1.9 The price of each Product (including all applicable taxes and levies) is indicated, to which shipping costs, calculated on the basis of the delivery address indicated by the Customer, will be added. In order to complete the procedure for the purchase of the Product, the Customer may register on the Site by entering the required data on the special form available on the Site and choosing a password and an identification code (User-ID, i.e. e-mail address), (hereinafter referred to as "Identification data"), and then completing the order form.
The Identification Data are personal and not transferable to third parties; said data must remain confidential and, for reasons of security, should not be conserved together, nor written on a single document. In the event that the Customer should forget the password and/or User ID entered at the moment of registration, they must follow the procedure indicated in the appropriate section of the Site which should be used to request new Identification Data for access to the Site. However, the e-mail address entered and utilized by the User cannot be modified; as a consequence, it is especially important to keep the data confidential, otherwise the entire registration procedure must be repeated in order to obtain new Identification Data.
1.10 Correct reception of the order will be confirmed by the Seller by a return e-mail to the address provided by the Customer. This confirmation message will show the date and details relative to the order (information about the main characteristics of the Product, detailed information relative to the price, method of payment and shipping costs), as well as a Customer order number, which must be included in any further correspondence with the Seller. This message will contain all the data entered by the Customer, who undertakes to check its accuracy and to notify the Seller of any corrections in the manner specified on the Site. Before sending the order confirmation, the Seller reserves the right to request the Customer to provide further information concerning the order placed on the Site.
2. SALE PRICES AND METHOD OF PURCHASE
2.1 All product prices are shown and indicated on the internet site shop.ausoniatools.com, and as a consequence are the prices offered to the public as provided for in art. 1366 of the [Italian] Civil Code. Prices are inclusive of Value-Added Tax and all other sales taxes.
2.2 The amount payable by the Customer, including the price of the product and the relative shipping costs, will be displayed clearly prior to the confirmation of the order by the Customer.
2.3 The purchase contract shall be considered as being stipulated at the moment of closure of the order, subject to completion of the payment.
2.4 The Customer may effect payment for the goods ordered using the methods of payment described below.
3.1 AUSONIA will arrange to deliver the products ordered by the Customer to the address indicated by the same.
3.2 AUSONIA will make every reasonable effort to process orders received and paid for within three working days, and in any case the products purchased will be delivered within the period set forth in art. 54 of [Italian] Legislative Decree no. 205/06.
3.3 Upon receiving the Products at their home address, the Customer must check that the packaging is undamaged and that the quality and quantity of the Products are as ordered. In the event of differences and/or non-compliance, the Customer must request the courier to check and precisely annotate the same; if the packaging or the wrapping should be obviously damaged at the moment of delivery, the Customer is invited to refuse delivery by the shipping company/carrier or to accept delivery "subject to reserve".
3.4 The Products will be shipped by courier; if the Customer has indicated their cell phone number or e-mail address when registering with the Site, the courier will forward a text message and/or e-mail message indicating the date and approximate time of delivery.
4. AVAILABILITY OF PRODUCTS
4.1 The Customer may purchase the products listed on the web site shop.ausoniatools.com. If the product purchased by the Customer is not available in the warehouse and cannot be obtained within the period provided for by art. 54 of [Italian] Legislative Decree no. 205/06, the Seller shall so inform the Customer at the e-mail address provided when registering with the Site, and undertakes to reimburse to the Customer, using the same payment method used for the initial transaction and as quickly as possible (and in any case within 30 days after receipt of payment), the amount disbursed in relation to the purchase of the Product. If the Products ordered are unavailable only in part, then such reimbursement will be proportional to the cost of the goods not supplied.
5.1 The Seller accepts no liability for any disservices attributable to force majeure such as, by way of example, accidents, explosions, fires, labour disputes and/or lock-outs, earthquakes, floods and other similar events that might, in whole or in part, prevent the completion of the purchase within the period agreed in the Contract.
5.2 Except in the case of wilful actions or gross negligence, the Seller shall not be held liable for direct, indirect or consequential damages unforeseeable as of the date of the signing of these Conditions of sale and suffered by the Customer or by third parties in relation to the Seller's services and/or for damage of any nature or in any way related to the same caused by any non-fulfilment of their obligations, even as regards requests for damages made for any motive by third parties.
5.3 The Customer expressly acknowledges that the liability of the Seller for any non-fulfilment of the services referred to in the previous paragraph is limited to, and may in no case exceed, the amounts received by the same and paid by the Customer in relation to the provision of the individual services to which such liability refers. All and any further damages, losses, costs or expenses are expressly excluded. The Seller shall not be liable for any disservices and/or damage caused to the Customer by events not attributable to the Seller or, in any case, by delays caused by malfunctions, problems in the transmission of the information or other events not under their control including, without limits, delays or interruptions in the transmission lines, interruptions or lack of communications in the Internet service, or the interruption, suspension or non-functioning of the electronic or postal services or of the electrical power supply; lock-outs or labour disputes, including those involving their own personnel; impediments or obstacles placed by current legislation or by the judicial authorities in Italy or abroad; by court orders or judicial provisions or those enacted by third parties; by other events not attributable to the Seller, and in general any impediment or obstacle that cannot be surmounted by the application of normal diligence on the part of the Seller in relation to the nature of the service provided.
5.4 The Seller may at any moment suspend or interrupt connection to the Site for technical motives, for motives relating to the efficiency and security of their services, or suspend such operations as a precautionary measure, in which case the Seller shall not be held liable for the consequences of such interruptions or suspensions.
5.5 The Seller accepts no liability for any fraudulent or illicit use on the part of third parties of the credit card used by the Customer at the moment of purchasing the Products. It is underlined that at no moment during the course of the purchase procedure does the Seller have any access to the Customer's credit card number.
5.6 The Seller shall not be liable, contractually or extra-contractually, for any direct or indirect damages caused to persons and/or things by the non-acceptance, whether total or partial, of an order placed by the Seller.
6. GUARANTEE AND ASSISTANCE
6.1 Customers requesting the replacement of defective or non-compliant articles must forward to AUSONIA a specific request, subsequent to which AUSONIA may authorize the return of the products for the necessary verifications by communication of the return code. Such request may be forwarded by e-mail or telephonically (e-mail address firstname.lastname@example.org, telephone +39 042771251).
6.2 If the claimed defect is confirmed, AUSONIA will, within a reasonable period of time, arrange for the reimbursement of the amount paid or, if so requested, replace the product.
6.3 AUSONIA reserves the right to charge the Customer for any costs sustained for the restitution of the returned product in the event that the product is found to be intact and without the faults or defects claimed by the Customer.
7. CUSTOMER'S OBLIGATIONS
7.1 Subsequent to completion of the online purchase procedure, the Customer agrees and undertakes to print and conserve these general conditions, which the latter shall have examined and accepted at the moment of purchase, in order to comply fully with the provisions of artt. 52 and 53 of [Italian] Legislative Decree no. 205/06.
7.2 The Customer undertakes not to enter false and/or invented and/or inaccurate data during the registration procedure required to complete the process for the execution of this contract and in any further communications. The personal data, address and telephone number/e-mail address must contain only their real personal data and not that of third parties or invented data.
7.3 The entering of personal data relating to third parties is expressly prohibited. In such case, AUSONIA reserves the right to take legal action for any breach or violation, in the interest and for the protection of consumers in general.
7.4 The Customer absolves AUSONIA of all liability deriving from the issue of inaccurate fiscal documents caused by errors in the data provided by the Customer, who is solely responsible for the accuracy of the entering of such data.
8. RIGHT OF WITHDRAWAL AND COMPLAINTS
8.1 Pursuant to art. 64 of [Italian] Legislative Decree no. 205/06, the Customer may exercise their right of withdrawal and return the product received, subject to the following terms and conditions:
- said right shall be applicable to the product purchased by the Customer in its entirety.
- the product purchased must be returned intact, complete with all parts and packaged in the original and complete packaging (including any documentation and accessories).
- upon receipt of the product by the warehouse, any damage or tampering to the product not caused by the normal shipping procedures will be assessed. In the event that the original box and/or packaging should be found to be damaged, AUSONIA will deduct the costs of the necessary repairs from the amount reimbursable to the Customer. However, such costs shall not exceed 10% of the amount of the reimbursement.
- procedure for withdrawal: in order to exercise this right, the Customer shall forward to AUSONIA a written notice within 14 working days from the date of receipt of the goods. Said notice must be forwarded by e-mail to email@example.com or by registered letter with advice of receipt to the following address:
AUSONIA NANUTTI BELTRAME SPA Via Arba 31 33085 Maniago (PN)
Upon receipt of said notice of withdrawal, AUSONIA will promptly forward to the Customer instructions regarding the reimbursement process, though in this case the shipping costs in case of withdrawal shall, according to current legislation, be sustained by the Customer; for this motive, "CARRIAGE FORWARD" shipments will be returned to the sender. As a consequence, the Customer shall be required to return the product purchased not later than 14 days from notice of withdrawal.
8.2 After deduction of any costs involved in repairing damage to the original packaging, AUSONIA will reimburse to the Customer the entire amount paid, not later than 10 working days from the date of receipt of the returned goods, using the same payment method used by the Customer for the initial transaction.
9. METHOD OF PAYMENT AND SHIPPING COSTS
9.1 Payment of the Customer's order may be effected by prepaid bank transfer to the account of AUSONIA, indicating the order number, to:
CREDIT AGRICOLE FRIULADRIA SPA
IBAN: IT80 N 05336 64891 000040191935
The Customer may also pay by means of the secure payment system known as PAYPAL (www.paypal.com), using either a credit card or a PayPal account.
9.2 It is acknowledged and understood that, in the case of payment by bank transfer, the products will be despatched and delivered only after the purchase amount has been received by the Seller.
9.3 Shipping costs may vary according to the country of destination, or may be free of charge in relation to specific promotions that the Site may offer during certain periods of the year and/or orders in excess of €120.00. For orders to be delivered within Italy, shipping costs are as follows:
- €7.00 for orders up to €60 - €3.50 for orders between €61.00 and €119.00
9.4 If so requested by the Customer within one day after despatch of the product, the Seller will issue an invoice for the Products shipped. The invoice will be sent in electronic format after receipt of the ES (Exchange System) unique code. The information entered by the Customer when making their order will be used for the preparation of the invoice. After issue, the data indicated on the invoice cannot be modified.
10.1 The Customer enjoys the right to the legal guarantee of compliance as provided for in the Consumer Code (art. 128 et seqq. of [Italian] Legislative Decree no. 206/2005) in relation to any non-compliance identified within two years from delivery of the product. The Customer must report any such non-compliance, within two months from its discovery, to the addresses shown in these conditions. Any non-compliance discovered within the first six months shall be deemed as existing at the moment of delivery. Alternatively, in the event of a non-compliance, the Customer shall have the right to request the repair or replacement of the product purchased, free of charge, unless the specific remedy selected by the Customer is objectively impossible or is excessively onerous for AUSONIA, pursuant to art. 130, section 4 of the Consumer Code; in the cases provided for, the Customer may request a reduction in the price or the termination of the contract.
11. INFORMATION AND COMPLAINTS
11.1 Requests for clarifications or complaints may be forwarded to the Seller at the following e-mail address: firstname.lastname@example.org
12. EXPRESS TERMINATION CLAUSE
12.1 AUSONIA reserves the right to terminate the contract stipulated by means of a communication to the Customer and/or Customer with adequate and justified motivations. In this case, the Customer shall be entitled only to the reimbursement of any amounts already paid.
12.2 The obligations of the Customer under the terms of these conditions (obligations of the Customer) and the guarantee of full settlement of the amount paid by the Customer using the methods described in art. 9 are an integral and substantial part of the contract; therefore, by express agreement, the non-fulfilment by the Customer of even one of such obligations shall result in the automatic termination of the contract as set forth in art. 1456 of the [Italian] Civil Code, without requiring any form of court order, and AUSONIA shall reserve the right to take legal action in order to obtain reimbursement.
13. JURISDICTION AND COMPETENT COURT
13.1 All controversies concerning the application, execution, interpretation and breach of purchase contracts stipulated online via the web site shop.ausoniatools.com shall be governed by the Laws of Italy. In Italy, these general conditions make reference, as regards any condition not contained therein, to the norms set forth in the [Italian] Civil Code as well as the combined provisions of [Italian] Legislative Decree no. 50/2 and [Italian] Legislative Decree no. 206/05.
12.2 All and any disputes between the parties regarding this contract shall be settled before the Court of Pordenone.