CONDITIONS OF ONLINE SALE
The contractual conditions reported below constitute an integral part of the online sales contracts of products that the SELLER undertakes to conclude with consumer customers as part of a distance selling system organized by the same through its website https:// idmbackboss.com/.
1) Seller identification
Society IDM SRL
Address: Via Feltrina Sud, 28– 31044 Montebelluna (TV)
Registration in the Treviso Company Register, no. TV129721
VAT number 00584500268
n. telephone +39 0423 300222
website: www.idm-srl.it
email address: info@idm-srl.it
(hereinafter referred to as the «Seller»).
2) Main characteristics of the products
The products are indicated, including their essential characteristics, directly on the Seller’s website. For each product viewed, the Customer will have the opportunity to access a specific sheet containing the main information and data relating to the product itself.
3) Total price of the products
All sales prices of the products contained in the Seller’s online catalogue are expressed in euros and include VAT and any other taxes.
The shipping cost is not included in the purchase price and is indicated for each individual shipment, of products both individually and grouped. By completing the purchase order, before the purchase procedure is completed, the Customer will in any case have the opportunity to verify the costs and charges connected to the purchase, and therefore to decide whether or not to proceed with the purchase.
4) Payment methods
The payment of the price can only be made by credit or debit card.
The Seller guarantees that all communications relating to payments take place on a specific line protected by an encryption system; also guarantees the storage of information connected to the payment with an additional level of security encryption and in compliance with the provisions of the current regulations regarding the protection of personal data.
Since the conclusion of the purchase procedure implies the onset of the obligation on the Customer to pay the price of the chosen products, it is specified that upon sending the order – which as indicated in the following point 9) means conclusion of the contract with the Seller – follows the obligation to pay the sale price.
In any case, the Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties (for example, of credit cards) when paying for the purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience at the time and on the basis of ordinary diligence.
5) Delivery methods and times
The products offered by the Seller through its website are available for delivery in the following territories: Italy, Europe, Extra Europe
By completing the purchase order, before the purchase procedure is completed, the Customer will have the opportunity to verify the methods and delivery times of the products. However, delivery times must always be considered indicative, as they may vary depending on the place of destination of the products.
It is also specified that, if the Seller is not able to deliver within the deadline indicated at the time of purchase, it will in any case promptly notify the Customer via e-mail to the address indicated during the purchase procedure.
Deliveries are made from Monday to Friday – however never on public holidays – during normal office hours; for this reason, the Seller suggests that the Customer indicate an address where delivery of the products can still be guaranteed.
Upon delivery of the products, the Customer is required to verify that the goods delivered are in closed packaging, intact and show no signs of damage or tampering; if you find goods that do not have these characteristics, it is your responsibility to make the necessary complaints to the transport carrier upon acceptance of the products, always promptly notifying the Seller with communication sent to the email address info@idm-srl.it.
6) Right of withdrawal
The Customer has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days. More precisely, the withdrawal period expires 14 (fourteen) days from the day in which the Customer acquires physical possession of the products purchased online.
To exercise the right of withdrawal, the Customer is required to inform the Seller of his decision to withdraw from this contract by sending an explicit declaration via email to the email address info@idm-srl.it.
To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period highlighted above.
In any case, without delay the Seller will confirm receipt of the Customer’s notice of withdrawal by sending the Customer a specific email.
7) Effects of withdrawal (methods for returning products and refunding)
If the Customer exercises the right of withdrawal, it will be refunded the purchase price of the returned products, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller is informed of the Customer’s decision to withdraw from the contract. This refund will be made by fully crediting the credit or debit card used during the purchase; in any case, the Customer will not have to bear any costs as a consequence of such reimbursement. The refund may however be suspended by the Seller until receipt of the products to be returned.
The Customer must return the products to the Seller’s address highlighted in point 1 above, within 14 (fourteen) days from the day on which he communicated the withdrawal. The return must take place at the Customer’s expense and according to the methods indicated by the Seller.
To be entitled to a full refund of the price paid, the products must be returned intact (they must not have been used by the Customer or have been tampered with or damaged by him), in their original packaging and/or packaging (any identification labels must still be attached to the products and/or packages as they constitute an integral part of the same)and complete with the purchase invoice. In any case, the Customer remains responsible for the decrease in the value of the products resulting from handling the products other than that necessary to establish their nature, characteristics and functioning. In this regard, it is also specified that, precisely for the purpose of establishing the nature, characteristics and functioning of the products, the Customer is required to unpack, unpack, handle and inspect them with due diligence and in the same way in which he would be allowed to do so in a physical store.
8) Product warranty
Pursuant to the articles. 128 et seq. of the Legislative Decree 6 September 2005, n.206 (Consumer Code), the Seller is liable for any lack of conformity that occurs within 2 (two) years from delivery of the product unless a more favourable deadline exists for the Consumer in relation to the Member State of residence or habitual domicile of the consumer. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it. In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within 1 (one) year from delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.
In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the product purchased pursuant to art. 135 – bis of the Consumer Code. The request must be sent in written form to the Seller – through a communication to be sent according to the methods specified in the following point 12) – who will indicate his/her willingness to process the request, or the reasons that prevent him/her from doing so, within a reasonable time from receipt. In the same communication, where the Seller has accepted the Customer’s request, he must indicate the methods of shipping or returning the product as well as the deadline for returning or replacing the defective product.
If the repair and replacement are objectively impossible to satisfy or excessively burdensome pursuant to art. 135-bis, paragraph 3, of the Consumer Code, or in the cases referred to in art.135-bis,paragraphs 4 and 5 of the Consumer Code, the Customer may request, at his/her choice, an appropriate reduction in the price or termination of the contract, a termination which however cannot be requested in the case of a minor lack of conformity. In this case, the Customer must send his request to the Seller, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within 7 (seven) working days of receipt.
In the same communication, where the Seller has accepted the Customer’s request, it must indicate the proposed price reduction or the methods for returning the defective product. In such cases, it will be the Customer’s responsibility to indicate the methods for crediting the sums previously paid to the Seller.
In any case, it is specified that products are not guaranteed for damage caused by improper or negligent use of the products, poor maintenance or, more generally, failure to comply with the requirements indicated by the Seller in the specific instructions. Parts subject to wear are also not guaranteed if the damage is attributable to normal use of the product.
9) Conclusion of the contract and archiving methods
The contract for the online purchase of products between the Seller and the Customer will be concluded via the internet, by the Customer accessing the Seller’s website and following the purchase procedures indicated therein. The contract is concluded through correct compilation and consent to the purchase expressed through the registration sent online. Before concluding the purchase, the Customer will have the opportunity to verify the contents of the purchase order and, if necessary, to correct and/or modify the data entered; it will therefore be your precise obligation to verify the correctness of the data in question.
When the Seller receives the order from the Customer, he will without delay send a printable e-mail, which contains the details of the order and the order, the price of the product purchased, the shipping costs and any additional charges, the address where the product will be delivered, delivery times and the existence of the right of withdrawal. The Customer undertakes to print and store the purchase order in accordance with the consumer protection regulations set out in the Consumer Code.
Pursuant to art. 12 of the Legislative Decree. n.70/2003, the Seller informs the Customer that each order sent is stored in digital form on the server at the manager who hosts the site and in paper or digital form at the Seller itself, in any case according to confidentiality and security criteria.
10) Product availability
The Seller ensures, through the electronic system used, the processing and fulfilment of orders. To this end, it indicates in real time, in its electronic catalogue, the available and unavailable products, without prejudice to the technical times normally necessary for updates between the warehouse and the portal.
If an order exceeds the existing quantity in the warehouse, the Seller will inform the Customer via e-mail if the product can no longer be booked, or what the waiting times are to obtain the chosen product, asking the Customer if he intends to confirm the order. order or not.
11) Applicable law and jurisdiction
These conditions of sale are governed by Italian law. In any case, any rights recognized to consumers by mandatory provisions of law in force in the Member State of residence or habitual domicile of the consumer are reserved.
Disputes arising from or related to these conditions (including non-contractual disputes) and to online sales transactions are subject to the non-exclusive jurisdiction of the local courts of Italy, it being understood, however, that the foregoing does not prejudice the rights of the parties to bring proceedings in any place of competent jurisdiction, based on current procedural law. In particular, the consumer customer has the right to appeal to the court of the member state of residence or domicile.
Furthermore, the consumer customer can resort to an out-of-court resolution of online disputes in accordance with Regulation (EU) 2013/524 through the ODR telematic platform, managed by the European Commission, reachable at https://webgate.ec.europa.eu/odr.
12) Communications and complaints
Written communications directed to the Seller and any complaints will be considered valid only if sent via email to the email address: info@idm-srl.it.