Premise

This information is provided for the website “www.shop.sicurpal.it” (Site) owned by Sicurpal S.r.l. (Seller) Registered and operational office: Via dei Mestieri 12, 41030 Bastiglia (MO) Italy – Tax code and VAT No.: 02399900360 – Registered with the Registrar of Companies of Modena, Registration No.: 299795 – Paid-up capital (existing at the last balance sheet): € 60,000.00.

For the purposes of these terms and conditions (hereinafter referred to as the “Terms of Sale”), the following terms shall have the meanings hereinafter ascribed to them:

• “Seller“: Sicurpal S.r.l.;
• “Client“: Any company, individual, entity or legal entity that purchases the Products and/or services of Sicurpal S.r.l.;
• “Products” means the items produced, assembled and/or sold by Sicurpal S.r.l.;
• “Orders“: each proposed purchase of the Products forwarded by the Customer to Sicurpal S.r.l. made through the e-commerce platform;
• “Sells“:each contract of sale concluded between Sicurpal S.r.l. and the Customer following receipt by the Customer of Sicurpal S.r.l.’s written acceptance of the Order;

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (art. 45 et seq.) of Legislative Decree September 6, 2005, n 206 (Consumer Code) and Legislative Decree April 9, 2003, n 70, containing the regulation of electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms given are intended as working days, thus excluding Saturdays, Sundays, and national holidays.

1.3 The General Conditions of Sale may be changed at any time. Any changes and/or new conditions will be in effect from the time they are posted on the Site. You are therefore strongly recommended to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date of acceptance of the purchase order, and express acceptance of them will be required prior to payment.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext links. Before conducting business transactions with such parties, it is necessary to check their terms of sale. Seller is not responsible for the provision of services and/or sale of products by such parties. On the websites accessed through such links, the Seller does not perform any control and/or monitoring. Therefore, the Seller is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.

1.6 You must carefully read these General Terms and Conditions of Sale as well as all other information that the Vendor provides on the Site.

1.7 The supplier shall not be bound by the customer’s general terms and conditions of purchase, even where they are referred to or contained in orders or any other documentation from the customer, without the prior written consent of the   supplier. The General Conditions of Purchase shall not be binding on the supplier even by tacit consent. The supplier reserves the right to add, modify, or delete any provision of these terms of sale, it being understood that such additions, modifications, or deletions shall apply to all sales concluded on or after the thirtieth day following notification to the customer of the new terms of sale.

Art. 2. Purchases on the Website

2.1 Purchasing on the Site

• can take place upon registration at the Site:
• is allowed to both users who hold the quality of consumers (only for Italian users with delivery in Italy) and users who hold the quality of professionals (European VAT numbers only).

For Italian users onlyAccording to Article 3, Paragraph I, lett. a) of the Consumer Code, it is recalled that the quality of consumer is the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity carried out, if any; while according to Article 3, Paragraph I, lett. c) of the Consumer Code, the quality of professional is the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.

Per gli utenti dei paesi UE: sarà possibile effettuare l’acquisto di prodotti solo se aziende o professionisti con P.IVA.

2.2 In the event of orders, from whoever they come from, that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to the irregularities.

2.3 The Vendor reserves the right to refuse or cancel orders that come from:

• by a user with whom the Seller has ongoing legal disputes;
• by a user who has previously violated the General Terms and Conditions;
• by a user who has been involved in crimes;
• by a user who has issued false, incomplete or otherwise inaccurate identification data or who has not sent to the Seller, in a timely manner, the documents requested by it or who has sent it invalid documents.

Art. 3. Website registration

3.1 To register on the Site, you must fill in the appropriate form, entering your e-mail address, followed by the following data:

• name
• surname
• email
• password
• Shipping address (street, zip code, country and city)
• billing address/residence
• phone number

3.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

3.3 The registered user of the Website warrants that the personal information provided by him/her is complete and truthful and agrees to hold the Seller harmless and indemnified from any damages, compensatory obligations and/or penalties arising out of and/or in any way connected with the violation by the user of the rules on registration to the Website or on the storage of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user’s account.

Art. 4. Information directed to contract conclusion

4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, the Seller hereby informs you that:

• to enter into a purchase agreement on the Site, you must complete an order form in electronic format and submit it to the Seller, electronically, following the instructions that will appear from time to time on the Site;
• the contract is concluded when the order form reaches the server of the Seller;
• upon receipt of the order form, the Seller will send you an order confirmation containing:

1. 1. 1. 1. a link to the general conditions of sale (ref. Art.51 paragraph 1 Legislative Decree 206/2005);
         2. the information related to the characteristics of the purchase;
         3. an indication of the price, discount, possible vouchers, taxes, and any other expected charges;
         4. an indication of the means of payment used;
         5. an indication of shipping costs and any other expenses;
         6. an indication of the delivery time;
         7. an indication of delivery charges and any additional costs.

Art. 5. Information sheet

5.1 Each product is accompanied by an information page explaining its main features (Fact sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with the tolerances of use.

Art. 6. Prices

6.1 All prices of Products published on the Site are exclusive of VAT (Value Added Tax).

When ordering, this tax (VAT) appears to be non-applied for sales outside Italy (art.41 exclusion).

6.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, provided that the price charged to you shall be the price shown on the Site at the time the order is placed and that no account shall be taken of any change (upward or downward) after the order has been transmitted.

6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.

Art. 7. Purchase orders

7.1 The Seller shall dispatch the Products only after receiving confirmation of the payment authorisation or after the Total Amount Due has been credited. Ownership of the Products will be transferred to you at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall pass to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

The Service you choose will be performed only upon payment of the Total Amount Due. The Seller reserves the right not to provide the service if, subsequent to the submission of your purchase order, it is determined that you have not paid all or part of the Total Amount Due.

7.2 The purchase agreement is terminably conditional on non-payment of the Total Amount Due. Unless otherwise agreed upon in writing with you, the order will be cancelled accordingly.

7.3 In order to submit a purchase order, it is necessary to read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase procedure pages. Failure to accept these Terms and Conditions will result in the inability to make purchases on the Site.

7.4 Within the Site, for registered users only, it is possible to retrieve all documents issued by the Vendor within the personal area (orders, invoices), and edit or view saved information (shipping address, billing address, payment methods, account details and bulletin board).

Art. 8. Payment Methods

8.1 The following payment methods are allowed on the Site:

• Payment cards
• PayPal
• Bank transfer

8.2 The Vendor accepts credit cards of the circuits:

• VISA
• MasterCard (Cirrus Maestro)
• PostePay
• American Express
• CartaSì

They are, in each case, indicated in the footer of each page of the Site.

L’addebito sarà effettuato solo dopo che (i)the details of your payment card used for payment will have been verified, and (ii)the issuer of the payment card you use will have issued the debit authorization.

Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, your payment card information used to pay for the Products.

The charge will be made when the order is transmitted.

8.3 Purchases can also be made on the Site using the PayPal payment solution. If you choose PayPal as your means of payment, you will be redirected to www.paypal.it where you will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. Data entered on PayPal’s site will be processed directly by it and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with that account.

In the case of payment by PayPal, the Total Amount Due will be charged to you by PayPal concurrently with the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The timing of crediting to the payment instrument linked to that account depends solely on PayPal and the banking system. Once a credit order has been arranged in favor of such account, Seller shall not be held liable for any delays or omissions in crediting the refund amount, to dispute which you should contact PayPal directly. Any type of refund to be made under these Terms and Conditions will be credited to your PayPal account.

8.4 In the event that you choose bank transfer as the method of payment, the Seller, upon receipt of your order, will notify you by email of the bank details and the deadline for making the transfer. The email may contain a request to email the receipt of the transfer made or confirmation that it has been made.

In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and/or on the Site, will start from the date of receipt of the transfer by the Seller and not from the date of transmission of the order, as is the case if you choose other methods of payment.

Unless otherwise agreed, Services will be rendered only after receipt by bank transfer of the Total Amount Due.

From the placing of the order You must arrange payment within 7 working days. Failing this, the Seller reserves the right to cancel the order in the next 1 working days.

In case the bank transfer payment is not successful, you will be sent appropriate notice to recover the bank charges incurred, which will amount to €8. The order will not be sent by the Seller and will be considered cancelled.

Shipping

• We ship nationwide and to EU countries directly from our warehouse.
• The boxes are appropriately large in size and your items are well protected.
• Packages are generally processed within 2 working days after receipt of payment and shipped via DHL in Italy, with delivery times of about 2/3 working days and in the islands in 4/5 days, while for shipments to the EU consider approximately 5 working days.
• For all shipments you will receive an e-mail with a tracking link/code to track your parcel online.
• Shipping to Italy with DHL that exceeds the total purchase value (excluding taxes and other costs) of 250.00 Euro is free of charge.

Art. 9. Withdrawal Right

9.1 If you are a consumer, you have the right to withdraw from the Product purchase contract without giving any reasons and without incurring any costs other than those provided for in this article within a period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

1. in the case of an order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
2. in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;
3. in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

9.2 In order to exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

9.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication should be sent in the following manner:

via email to the address: resi@sicurpal.it

via the website section: Reso

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on you, it is in your best interest to avail yourself of a durable medium when notifying the Seller of your withdrawal.

9.4 In the event of exercising the right of withdrawal, you must deliver the Product to the registered office indicated at the beginning of these General Terms and Conditions of Sale.

9.5 You shall bear the direct costs of returning the Products, as well as the responsibility for their transport. In the case of Products that by their nature cannot normally be returned by mail, the Model Instructions on Withdrawal (Model Instructions on Withdrawal) will indicate the estimated maximum cost of returning such Products and activating courier pickup service.

9.6 If you withdraw from the contract, the Seller shall proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, Seller may suspend your refund until you have received the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

9.7 You shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. However, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with the identification tags, labels and disposable seal, if any, still attached to the Product and intact and not tampered with, as well as perfectly fit for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

9.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. Of the circumstance and the resulting diminished amount of reimbursement, the Seller will notify you from the receipt of the Product, providing, if the reimbursement has already been paid, the bank details for payment of the amount owed by you due to the diminished value of the Product.

9.9 In the event that the withdrawal is not exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle to any refund. The Seller will notify the user from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must be done at your expense and responsibility.

9.10 In the event that, one of the cases provided for by law, the right of withdrawal does not apply, such exclusion will be specifically and expressly notified on the Site.

9.11 In the event of partial cancellation of Multiple Orders, the amount of the delivery costs to be refunded to you shall be quantified in proportion to the value of the Product to be cancelled. Therefore, if, for example, you have placed a total order of 1000.00 Euro, in which two Products are included, the first of the value of 250.00 Euro and the second of the value of 750.00 Euro, and you return the Product of the value of 750.00 Euro, you will be reimbursed an amount equal to the recalculation of the delivery costs incurred (weight and volume) for the amount incurred of 250.00 Euro. In any case, the amount of delivery charges to be returned may never exceed the amount actually paid.

Art. 10. Legal Warranty

All Products sold on the Site and sold to private Italian customers are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty). The following guarantees do not apply to private users residing outside Italy.

To whom does it apply

The Legal Warranty is for private Italian consumers only. It, therefore, applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

When applying

The Seller is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years from such delivery for individuals, and within one year from such delivery for companies and VAT numbers. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within one month from the date it was discovered.

Unless proven otherwise, defects of conformity that become apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. On the other hand, from the seventh month after delivery of the Product, it will be the consumer’s burden to prove that the lack of conformity existed when the Product was delivered.

Therefore, to be eligible for the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the goods. Therefore, it is appropriate for the consumer, for the purpose of such proof, to retain the purchase invoice or any other document that can attest to the date the purchase was made (e.g., payment card statement) and the date of delivery.

In the event of termination of the contract, the Seller will refund to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.

Art. 11. Conventional manufacturer’s warranty

11.1 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Guarantee). You can enforce this warranty only against the manufacturer. The duration, extension, including territorial extension, conditions and terms of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Agreed Warranty is voluntary in nature and does not replace, limit or affect or exclude the Legal Warranty.

Art. 12. Applicable law and jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

12.1 Purchase contracts concluded through the Site are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

12.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile shall be competent for any dispute concerning the application, execution and interpretation of this document. In the case of a professional user, instead, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is located shall have jurisdiction pursuant to the provisions of Article 1 above.

12.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who holds the status of consumer under Art.3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, as a result of which, however, it has not been possible to resolve the dispute thus arising, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as referred to in Art. 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

12.4 The Vendor also informs the user who qualifies as a consumer under Article 3(1)(a) of the Consumer Code that a European platform for the online settlement of consumer disputes (so-called ODR platform) has been established. The ODR platform can be found at http://ec.europa.eu/consumers/odr/; Through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.

12.5 The consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, are in any event unaffected.

Art. 13. Customer service and complaints

You can request information, send communications, request assistance, or file complaints by contacting the Vendor in the following ways:

• by completing and submitting the form available at the following link
• by email, to the following address: resi@sicurpal.it

The Seller will respond to complaints submitted within 2 working days after receiving them.