Terms & Conditions

GENERAL CONDITIONS OF ON-LINE SALE

General conditions of sale: the company Carbaline srl based in Colognola ai Colli (VR), Via Strà,6 37030, VAT number 00879060234, CCIAA of Verona, REA 164343, e-mail: carbaline@carbaline.it, in the person of the its pro tempore legal representative (hereinafter, the Seller); Given: • that the Seller manages the activities relating to the sale of products with its own brand on the site shop.carbaline.it (hereinafter the "Site"); • that the Site is primarily a marketing site, also intended for commercial transactions both between entrepreneurs and/or professionals (B2B), and between entrepreneur and consumer (B2C) • that the customer must possess the necessary requisites for the stipulation of legally binding contracts , including the age of majority in the case of a natural person; • that these conditions of sale govern the offer and sale of Products distributed through the Site, by the company Carbaline srl, within the context of a distance selling system organized by the same; • that the purchase of products on the Site is permitted both to users who have the quality of consumers and to users who do not have this quality; • that pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, natural persons who, in relation to the purchase of the products referred to on this Site, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, are considered consumers; •that these premises form an integral and substantial part of the contract; the following is agreed:

  1. Object of the contract 1.1 These general conditions, which are made available to the Purchaser for storage and reproduction pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a computer network, through the website shop.carbaline.it belonging to the Seller. 1.2 With this contract, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller's Website; the Products that can be purchased through the Site are the items in the electronic catalog published on the Site, which can be viewed at the time the order is placed; the main characteristics of the products are illustrated and described on the Site, with an overall presentation of each of them that is faithful, truthful, correct and not misleading. In this regard, it should be noted that due to the characteristics and technical limits of photographic reproduction of the products on the Site, the image accompanying a product may not be perfectly representative of its characteristics.
  2. ACCEPTANCE OF THE TERMS OF SALE 2.1 All purchase orders will be forwarded by the Purchaser to the Seller after registering on the Site and typing in the ID and PW with access to a reserved area via a secure protocol, and, therefore, through the completion of the indicated purchase procedure. The Purchaser is strictly prohibited from entering false, and/or invented, and/or fictitious data in the registration procedure using the appropriate electronic form. The Purchaser indemnifies the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Purchaser, the latter being solely responsible for the correct insertion. 2.2 These general conditions of sale must be examined "online" by the Purchaser, before completing the purchase procedure. The submission of the purchase order by the Purchaser, therefore, implies total knowledge of the same and their full acceptance, consequently the aforementioned unconditionally accepts and undertakes to observe, in his relations with the Seller, the general conditions and payment methods described below. 2.3 Acceptance of the conditions of sale must be expressed by affixing a "flag" in the appropriate field.
  3. PURCHASE METHOD AND SALES PRICES 3.1 The sale prices of the products (hereinafter the "Sales Price") on the Site are expressed in Euros. The Sale Prices of each product will be clearly indicated and the methods for calculating the total purchase price (so-called Final Price), which as specified in point 6.1 could be made up of the sum of the Sale Price and shipping and delivery costs of the products by couriers and/or shippers appointed by the Seller. When making an online purchase, the Purchaser will use the "Proceed to payment" button as a contextual confirmation of both acceptance of the sale in question, and of the shipping and delivery methods chosen by the Purchaser, and of the sending of the purchase order in the quantity identified and the onset of the obligation to pay the Final Price to the Seller. Once the order has been sent, it will not be possible to make any changes to it. 3.2 The Sale Prices and the Final Prices must be understood as inclusive of VAT and all other applicable taxes and duties. For non-EU users, national and customs taxes are the responsibility of the buyer. 3.3 The Seller, after checking the availability of the selected product, will formally confirm the order by e-mail. 3.4 The Purchaser expressly gives the Seller the right to confirm even only partially the order placed (for example in the event that there is not the availability of all the products ordered). In this case, the contract will be considered finalized only in relation to the goods actually available and confirmed by e-mail from the Seller.
  4. CONCLUSION OF THE CONTRACT 4.1 The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, the formal confirmation of the order pursuant to the previous art. 3.3, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the fulfillment of the same. The Purchaser, therefore, undertakes to print or in any case download and keep these general conditions, which have already been viewed and accepted as an obligatory step in the purchase procedure, as well as the specifications of the product being purchased, and this at the in order to fully satisfy the legal conditions. 4.2 Except in the case of impossibility of the service for reasons not attributable to the Seller and/or the hypothesis of momentary technical malfunctions of the software or of the Site's purchasing system which suggest that products are available which in reality are not such, this the latter undertakes to supply the selected products following receipt of payment of the Final Price due under this contract. 4.3 The Seller cannot be held liable towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet which are beyond the Seller's control.
  5. TERMS OF PAYMENT 5.1 Without prejudice to the Seller's right to insert and implement additional payment methods in the future aimed at offering an even better service to the users of the Site, the Purchaser acknowledges and accepts that - on the date of sale of the products covered by this contract – the payment by the Purchaser can be made exclusively online through the credit, debit and prepaid card circuit Visa, VPAY, Visa Electron, Mastercard and Maestro. The purchase amount will be withheld from the Purchaser's availability fund at the time of purchase and will subsequently be charged according to current practice to the selected credit card circuit. 5.2 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, upon payment of the purchased products, if he proves that he has adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence. 5.3 The Buyer may take advantage of promotional codes issued exclusively by shop.carbaline.it via newsletter and/or social networks and/or found on promotional websites approved by the Seller. Promotional codes have a limited time duration for the period indicated in each code.
  6. DELIVERY METHODS 6.1 The shipment of the purchased products in Italy is free for orders over € 50.00; in the case of orders of lower value, the shipping cost amounts to € 7.00. In Europe, the shipping costs will be borne by the buyer, calculated on the basis of the country of origin. 6.2 The Seller will deliver the ordered products to the Purchaser, at the address indicated by the latter in the purchase order, in the manner provided for in the previous articles, by means of agreed couriers, with Standard service. The articles of the Carbaline collection are shipped in 2-3 working days (Mon-Fri) from the date of the order. In any case, this delivery term is to be understood as merely indicative and will not be in any way binding for Carbaline. During the period of sales or promotions, shipments may take longer. Delivery times for shipments are: 2-5 working days for deliveries in Italy, 3-8 working days for deliveries in Europe. 6.3 The Buyer can check the progress of the purchase by accessing his personal profile created on the shop.carbaline.it website. 6.4 The Seller will not be responsible for the delay or non-delivery and/or for any additional costs incurred by the Purchaser if due to customs operations and controls and/or due to an incorrect or incomplete communication of the address by the Purchaser and/or due to circumstances unrelated to the Seller and/or due to unforeseeable circumstances or force majeure. 6.5 Upon receipt of the goods, the Purchaser is required to verify the integrity of the package and the products, the conformity of the product delivered to him with the order placed, as well as being obliged to immediately notify the Seller of any tampering or damage found on the package and on the products. In any case, the Purchaser will take care and concern to inform the Seller about any problem encountered in receiving the products, in order to allow the Seller to operate a better quality control on the services rendered - directly and/or through third parties - pursuant to of this contract. 6.6 In the event of impossibility to deliver the product due to a fact or fault attributable to the Buyer, the aforementioned hereby authorizes the Seller to deduct the shipping costs incurred, as well as any customs duties paid or to be paid, from the refund due for the price paid.
  7. WARRANTIES 7.1 In the event of questions, complaints or suggestions, the Purchaser may contact the Seller via the address carbaline@carbaline.it. 7.2 In the event of lack of conformity, the rules referred to in Legislative Decree 6 September 2005, n. 206 limited to transactions subject to the aforementioned discipline or the cases in which the contract has been concluded with a user who holds the quality of consumer. The report of the defect must be made using the appropriate form and following the procedures indicated for returns. 7.3 The Seller reserves the right to request photographic evidence of the alleged defect before agreeing to return the product. The defective product will be replaced by the Seller with return and shipping costs borne by the latter, with an equal product, if available, or with a refund of the price paid.
  8. SELLER'S RETURN POLICY / RIGHT OF WITHDRAWAL PURSUANT TO LEGISLATIVE DECREE No. 206/2005 8.1 Without prejudice to the separate guarantee hypotheses for defects or lack of conformity of the products referred to in the previous art. 7, the Purchaser, only if he holds the quality of "Consumer", will have the right to withdraw from this contract, without having to provide any reason, within the term of 14 (fourteen) days, starting from the day of receipt by the Purchaser - and/or third party indicated by this, in any case different from the courier and/or shipper - of the product purchased with this contract. Please note that the replacement of the product is only possible once. It should be noted that those who purchase with a VAT number will not be able to exercise the right of withdrawal. 8.2 The return authorization request must be sent to carbaline@carbaline.it, indicating the original order number in the subject of the communication. The Seller will authorize the return by sending a confirmation email containing the return authorization number and the instructions to follow to ship the goods. 8.3 Following receipt of the return confirmation e-mail, the Buyer is obliged to send the products to the Seller within 14 (fourteen) days from the date on which he communicated his intention to withdraw from the contract to Carbaline srl. The return shipping costs are borne by the Buyer. The products, suitably packaged, must be returned to the following address: CARBALINE SRL, Via Strà, 6 37030 Colognola ai Colli, Verona (ITALY). 8.4 The Seller reserves the right to accept the return in the presence of the following conditions: each item must be returned including all undamaged original labels, packaging and accessories (dustbags, bubble wrap) received with the order; the items must not have been washed or altered and must not show any signs of use; returns must be shipped in the box in which the goods were originally shipped. Returns authorized by shop.carbaline.it must be shipped from the same country in which the original order was delivered; The return has been sent by a courier other than the one indicated in the return authorization e-mail. 8.5 From now on, the Seller reserves the right not to accept returns that are not authorized or sent in ways other than those contained in the return instructions, in which case the Seller will return the products to the Buyer, charging the shipping costs to the same. Any acceptance of such returns will, however, result in a charge equal to 10% of the value of the returned goods. 8.6 The Purchaser, if he purchases as a "Consumer", in exercising his right of withdrawal, can request: - exchange of the product: the replacement of the purchased product can only be requested with products of the same or higher value. – refund of the price: the refund of the price will be made following verification by the Seller of the returned products and in any case within 14 (fourteen) days of the return of the products, in the currency of the original purchase; any difference due to exchange rate fluctuation will not be refunded. It is understood that the Seller reserves the right to deduct the costs incurred by the same for the shipment from the amount to be reimbursed. For orders paid by credit card, the amount will be available to the customer according to the timing of the chosen bank circuit. 8.8 Apart from the cases of transactions governed by Legislative Decree 206/2005, the provisions of the Civil Code will apply.
  9. INTELLECTUAL PROPERTY RIGHTS The Carbaline trademark as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the products, on the relative accessories and/or packaging, whether they are subject to registration or not, are and remain the exclusive property of the company Carbaline srl based in Colognola ai Colli (VR) in via Strà, 6. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any support, without the prior express agreement are absolutely prohibited.
  10. JURISDICTION AND APPLICABLE LAW 10.1 The purchase contract concluded on the Site is governed by Italian law. Although not expressly provided herein, the provisions of law applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code for transactions between professionals/entrepreneurs and Legislative Decree no. 6 September 2005, apply. . 206 (Consumer Code) for transactions with the "Consumer". 10.2 In the event of disputes deriving from this contract or connected to it, the parties undertake to seek a fair and amicable settlement among themselves. 10.3 In the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place in which the user resides or has elected domicile is competent. In the case of a non-consumer user, the Court of Verona is exclusively competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale. The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims , by Regulation (EC) n. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, €2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
  11. NOTICE TO CONSUMERS – Online dispute resolution ODR Online Depute Resolution 11.1 In compliance with the provisions of art. 14 of EU Regulation 524/2013/EU, the Consumer User is informed that, as an alternative to the judicial dispute, both the consumer and Carbaline srl will be able to make use of the alternative online dispute solution, by submitting a complaint through the platform set up by the European Commission. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). 11.2 Carbaline srl will be contactable by the organization at the following address carbaline@carbaline.it 11.3 For any clarification on this matter, you can contact us at the email address published in this document.
  12. FINAL TERMS 12.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the object of this contract. 12.2 Any ineffectiveness of certain clauses does not affect the validity of the entire contract. 12.3 These general conditions of sale have been drawn up in Italian and English. Should difficulties arise in its interpretation, the parties agree that the text in Italian will be considered authentic and effective.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE BUYER

Pursuant to and by effect of Articles 1341 and 1342 of the Civil Code, the Purchaser declares to have carefully read the contract and to expressly approve the following clauses: Article 2 (Acceptance of the conditions of sale), Article 3 (Purchasing methods and sales prices), Art. 4 (Conclusion of the contract), Art. 6 (Delivery method), Art. 7 (Guarantees), Art. 5 (Payment method), Art. 8 (Seller's return policy/ Right of Withdrawal pursuant to Legislative Decree 206/2005), Article 10 (Competent court and applicable law).

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