GENERAL SALES CONDITIONS FOR shop.ekeepitalia.it ON-LINE PURCHASES
Dual Sanitaly S.p.A. with registered and administrative offices in Via E. De Sonnaz 19 - 10121 Turin, E.A.I. number 379500 and VAT no. 00497850016, provides all users with the ability to purchase marketed eKeep brand products (hereinafter "Products") and a series of Services, including shipping and delivery services (hereinafter referred to as "Services") via Internet through the website www.ekeepitalia.it (hereinafter "Site"), of which Dual Sanitaly S.p.A. is the sole and exclusive owner.
These general sales conditions (hereinafter "General Conditions") are valid only between Dual Sanitaly S.p.A. and any person (hereinafter referred to as “Customer”) who makes on-line purchases of Products on the Site, as identified and listed on the Site, and the Services as set forth in these General Conditions. The General Conditions are governed by the Consumer Code (Legislative Decree No. 206/2005 as amended) and by the e-commerce rules (Legislative Decree 70/2003 as amended). In case of changes to the General Conditions, the purchase order, as specified in the following articles 3 and 4 of these General Conditions (hereinafter "Purchase Order"), the General Conditions published on the Site upon the Customer's submission of the Purchase Order shall apply.
ARTICLE 1 - Nature of the contract
These General Conditions govern all remote purchases made by the Customer of the goods indicated and offered for sale on the Site.
By virtue of these General Conditions, Dual Sanitaly S.p.A. sells and the Customer remotely purchases the goods indicated and offered for sale on the Site. The contract is agreed exclusively via the internet, through customer access to the Site and creation of a Purchase Order in accordance with the procedure provided on the Site. The customer agrees to examine these General Conditions prior to confirming the Purchase Order, in particular the pre-contractual information supplied by Dual Sanitaly S.p.A. and to accept them by ticking the indicated box. In the Purchase Order confirmation email, the Customer will also receive a copy of these General Conditions, as provided for in art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for consumers - art. 49 of Legislative Decree 206/2005
The Customer examines the characteristics of the goods, as described on the individual product data sheet when selected by the Customer, prior to confirming the purchase contract. Prior to confirming the purchase contract and prior to validating the Purchase Order with "confirm payment", the Customer will be notified of:
- the total price of the goods, including tax, with details of shipping and any other costs; - payment method; - date within which Dual Sanitaly S.p.A. undertakes to deliver the goods; - terms, conditions, and procedures for exercising the right of withdrawal (Art. 6 of these General Conditions) as well as the cancellation form in Annex I, part B of Legislative Decree no. 21/2014; - information on the fact that the Customer is liable for the cost of returning the goods in case of withdrawal; - the existence of a legal guarantee of conformity for goods purchased.
The Customer may at any time and in any case prior to the conclusion of the contract, learn about the information relating to Dual Sanitaly S.p.A., namely the address of the registered office, telephone and fax number, e-mail address, information that is also given below: Dual Sanitaly S.p.A. Via E. De Sonnaz 19 10121 Turin Tel: 0039011681841 1 www.dualsanitaly.it firstname.lastname@example.org VAT NO.: 00497850016 E.A.I. No. 379500
ARTICLE 3 - Confirmation and validity of the agreement
The delivery of the Purchase Order confirmation e-mail by Dual Sanitaly S.p.A. to the Customer is considered as confirmation of the contract. The e-mail contains the Customer's details and the order number, the price of the purchased goods, the shipping costs, any other costs, the delivery address to which the goods will be sent and the copy of these General Conditions, to be printed and saved. The customer agrees to check that his/her personal information is correct and to promptly notify Dual Sanitaly S.p.A. of any errors. Dual Sanitaly S.p.A. agrees to describe and present the items sold on the Site in the best way possible. Nevertheless some errors, inaccuracies or slight differences may occur between what is shown on the Site and the actual product. Additionally, any photographs that appear on the Site are representative only and do not constitute any part of the contract. Dual Sanitaly S.p.A. agrees to deliver the goods within a maximum of 30 days after the delivery by Dual Sanitaly S.p.A. of the Purchase Order confirmation email to the Customer.
ARTICLE 4 - Product Availability
Product availability refers to current availability at the time the Customer places the order. This availability must still be deemed to be purely indicative since, due to the simultaneous presence of multiple users on the Site, the products could be sold to other customers before the Purchase Order is confirmed. Partial or total non-availability of goods may also occur even after the Purchase Order confirmation e-mail sent by Dual Sanitaly S.p.A. In this case, the Customer will be informed via e-mail within 24 hours of the Purchase Order that will be corrected with the elimination of the product. In this case, the amount of unavailable product will be refunded within 14 days using the same payment method used by the Customer. If the Customer requests the cancellation of the Purchase Order, terminating the contract, Dual Sanitaly S.p.A. will reimburse the amount paid within 14 days of the date on which Dual Sanitaly S.p.A. learns of the Customer's decision to terminate the contract, using the same payment method used by the Customer.
ARTICLE 5 - Payment method
Any payment by the Customer may be made only by means of the credit cards indicated on the Site, or by My Bank, in the "secure payment" section. Any communication relating to payment and Customer data at the time these are sent are done via special secure lines. Credit card payments are secured by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of the Products indicated on the Site are expressed in Euro, and include VAT. Shipping and any other fees are not included in the purchase price, but are shown and calculated at the end of the purchase process, before payment is made. The Customer acknowledges the right of Dual Sanitaly S.p.A. to modify their prices at any time, however, goods will be invoiced on the basis of prices indicated on the Site at the time the Purchase order is created and as indicated in the confirmation email sent by Dual Sanitaly S.p.A. to the Customer.
In the case of computer, manual, technical, or any other type of error that may result in a substantial change to the retail price, either substantially higher or substantially lower, not intended by Dual Sanitaly S.p.A., the Purchase Order will be considered invalid and cancelled, and the amount paid by the Customer will be refunded within 14 days from the day of cancellation using the same payment method used by the Customer.
ARTICLE 7 - Right to withdrawal
If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, s/he shall benefit from the rights set out in Art. 52 and subsequent of the Consumer Code, as amended by Legislative Decree No. 21 of 21/02/2014, and therefore the right to terminate the Purchase Contract (hereinafter the "Right to Withdrawal") for any reason, without explanation and without penalty, in the manner set out below.
The Right to Withdrawal may apply to all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer. The period of Withdrawal shall expire after 14 (fourteen) days from the day when the Consumer or a third party other than the Carrier and indicated by the Consumer acquires physical possession of the Good(s) (hereinafter the "Period of Withdrawal"). The Right of Withdrawal shall be exercised by sending an explicit hard copy notice of withdrawal from the contract (hereinafter referred to as "Notice of Withdrawal") by post before the expiration of the Period of Withdrawal, addressed to: Dual Sanitaly S.p.A. c/o Ufficio Commerciale Via G. Di Vittorio 15 10024 Moncalieri, (TO)
The Notice of Withdrawal may alternatively be sent - within the Period of Withdrawal - also by e-mail to the following address: email@example.com.
The Notice of Withdrawal must specify the intention to withdraw from the purchase and the product or products for which s/he intends to exercise the right of withdrawal.
Dual Sanitaly S.p.A., in order to facilitate the exercise of the Right to Withdrawal, makes a special form to be used for its communication available to its Consumers. Download the "Right to Withdrawal Form" here.
Following the proper exercise of the Right to Withdrawal, as outlined in art. 52 and subsequent of the Consumer Code, Dual Sanitaly S.p.A. will forward to the file number to the Consumer, via e-mail. This number must be indicated by the Consumer upon return of the Product (s) (hereinafter referred to as "Return"). The Return of the Product(s) shall take place within 14 (fourteen) days from the date on which the Consumer has communicated its decision to withdraw pursuant to art. 52 of the Consumer Code. This deadline will be met if the Consumer returns the Good(s) subject to Withdrawal before the 14 days have expired. Dual Sanitaly S.p.A. reminds its Consumers that the shipping costs relating to the return of the Product(s) are to be borne by the Consumers and that the Return is under the full liability of the Consumer.
Dual Sanitaly S.p.A. also reminds its Consumers, prior to the Return, to check that the Product(s) subject to Withdrawal is/are intact and normal preservation conditions, in the original packaging, complete in all its parts (including packaging and accessory documents) and enclosed tax documents.
Consumers, in accordance with current regulations, will only be liable for the decrease in the value of the Product(s) resulting from a manipulation of the product(s) other than that necessary to establish the nature, characteristics and operation of the Product(s).
If the Right to Withdrawal has been properly exercised in accordance with art. 52 and subsequent, Dual Sanitaly S.p.A. will reimburse the Consumer the full amount already paid, including any costs of delivery and any other costs, within 14 (fourteen) days from the day on which it was informed of the Consumer's decision to withdraw from the Purchase Contract. The amount will be refunded using the same payment method used by the Consumer for the initial transaction, unless the Consumer expressly requests a different method of reimbursement and provided that the Consumer does not incur any fees as a result of the refund. Pursuant to art. 56 of the Consumer Code, as amended by Legislative Decree No. 21/2014, Dual Sanitaly S.p.A. reserves the right to withhold reimbursement until it has received the Product(s) or until the Consumer has proved that it has sent the Product(s), depending on which situation occurs first.
ARTICLE 8 - Legal guarantee of conformity
In the event of receiving Products which are not compliant with orders, the Customer has the right to remedy the product by repair or replacement at no extra cost. The Customer can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to Dual Sanitaly S.p.A. within two months of the discovery by e-mail to firstname.lastname@example.org or by hard copy communication by post addressed to: Dual Sanitaly S.p.A. Ufficio Commerciale Via G. Di Vittorio, 15 10024 Moncalieri (TO)
Dual Sanitaly S.p.A. will provide the Customer with the File Number via e-mail. This number must be indicated by the Consumer upon return of the Product (hereinafter referred to as "Return"). Product Returns must be made within 14 (fourteen) days of the date on which the Customer communicated the alleged non-compliance or defect of the Product.
Dual Sanitaly S.p.A., in the case of a defective or non-compliant Product, will pay the cost of the shipment of the Product and will, if possible, and in relation to the availability of goods, replace it with a compliant one or refund the cost to the Customer using the same payment method used by the Customer.
ARTICLE 9 - Shipping and delivery methods
Dual Sanitaly S.p.A. will only accept Purchase Orders to be delivered to the following countries: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland (excluding Aland Islands), France, Germany (excluding Helgoland Island and Busigen area), Great Britain (excluding Anglo-Norman islands), Greece (excluding Mount Athos), Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Spain (except Ceuta, Melilla and the Canary Islands), Sweden and Hungary.
The Products will be delivered by courier to the address indicated by the Customer at the time of the order by or before 30 days from the date the Customer receives the Purchase order confirmation e-mail sent by Dual Sanitaly S.p.A. For each Purchase Order made on the Site, Dual Sanitaly S.p.A. will issue an invoice for the shipped product. The invoice will be sent by e-mail and will contain the information provided by the Customer during the purchase procedure. After the invoice has been issued, no changes can be made to the details contained in it.
ARTICLE 10 - Liability
Dual Sanitaly S.p.A. cannot be held liable for disruptions due to force majeure or unforeseeable circumstances, even where caused by malfunctions or disruptions to internet services, in the event of failure to complete the Purchaser Order within the time period set by the contract.
ARTICLE 11 - Site Access
The Customer has the right to access the Site for reference and to make purchases. The site and its contents may not be used for any other purpose, especially for the purpose of trade. The integrity of Site elements, both sound and visual, and its technology remain the property of Dual Sanitaly S.p.A. and are protected by intellectual property law.
ARTICLE 12 - Entire Agreement
These General Conditions are constituted by the totality of its clauses. If one or more provisions contained in these General Conditions of sale is considered invalid or declared as such pursuant to law, regulation, or following a decision by a court of law, the other provisions will continue in full force and effect.
ARTICLE 13 - Applicable law and Jurisdiction
These General Sales Conditions and the relevant sales contracts are subject to Italian law. Any disputes concerning their interpretation, validity, execution or resolution that are not amicably resolved will be exclusively submitted to the Court of the place of residence or domicile of the Customer, if Consumer. In any other case, the Court of Turin shall have exclusive jurisdiction.
In any case, you can use the European platform for on-line alternative dispute resolution promoted and implemented by the European Commission. Consumers and professionals may access the platform via https://webgate.ec.europa.eu/odr and may submit an on-line claim following the instructions on the portal. For each Member State of the Union, ADR entities have been identified as arbiters between the parties to settle the dispute.