TERMS & CONDITIONS OF SALE
The Buyer hereby expressly declares that all goods purchased are for purposes unrelated to his trade, business or profession.
The General Conditions herein apply to goods offered for sale by "Zest s.r.l. via della Resistenza, 1, 50039 Vicchio (FI) ITALY,, registered in the Florence Chamber of Commerce Business Register under no. 587170, VAT number IT05938490488, hereafter “the Supplier”.
1.1 The term "on-line sales agreement" shall mean the sale and purchase agreement relating to movable tangible property, entered into between the Supplier and the Buyer under a web-based distance selling system provided by the Supplier.
1.2 The term "Buyer" shall mean a natural person who purchases goods under the terms of this agreement, for purposes which can be regarded as outside his or her trade or profession.
1.3 The term "Supplier" means the person inscribed, or rather the supplier of information services.
2) SCOPE OF CONTRACT
2.1 Under the contract herein, the Supplier and the Buyer shall respectively sell and purchase, electronically and by distance means, movable tangible property displayed and offered for sale on the www.theaerodyne.com website.
2.2 The above-mentioned products are found on the www.theaerodyne.com website.
3) CONTRACT STIPULATION METHODS
The contract between the Supplier and the Buyer is concluded exclusively on-line; only when the Buyer visits the www.theaerodyne.com website and follows the outlined procedures may he then formalise the agreement for the purchase of goods referred to in paragraph 1 of the previous section.
4) THE CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase agreement is only concluded once the application form has been correctly filled in and the order confirmation has been received via our on-line registration system. Alternatively, customers may fill in and then send the purchase form, which is attached to the on-line electronic catalogue and may be found at http:http://www.theaerodyne.com/gb/content/3-terms-of-sale. In both cases, a printable order summary web page shall appear; this shall display all of the details pertaining to the customer and the order, including: the price(s) of the purchased goods, shipping costs and any other additional charges, terms and methods of payment, the address to which the order will be sent, delivery timescales and the existence of a right of withdrawal.
4.2 As soon as an order has been received from the Buyer, the Supplier will issue an order confirmation e-mail or, alternatively, a printable order summary and confirmation web page, displaying all of the information outlined in the previous paragraph.
4.3 The agreement between the parties shall only be effective once all of the steps set forth in the previous paragraph have taken place.
5) Payment and reimbursement METHODS
5.1 All payments made by the Buyer shall be carried out using one of the transaction methods shown on the appropriate page of the Supplier's website, i.e. credit card, Paypal and bank wire transfer.
5.2 Any refunds shall be credited in a timely manner to the Buyer via one of the arrangements suggested by the Supplier and decided by the Buyer. As set forth by section 13, paragraph 2 and following of the agreement herein, in the event that the right of withdrawal is exercised, the refund shall be credited no later than 30 days from the date on which the Supplier received notice of the withdrawal.
5.3 All communications relating to payments are protected through special encryption software provided by the Supplier. The Supplier guarantees maximum encryption protection for stored information, in accordance with the provisions of existing regulations relating to the protection of personal data.
6) DELIVERY TIMES AND METHODS OF DELIVERY
6.1 The Supplier shall deliver the products that have been selected and ordered using the method chosen by Buyer or the method shown on the website at the time the order was placed, confirmed in the e-mail referred to in paragraph 4.2.
6.2 Delivery times may vary from same-day delivery to a maximum of 30 working days after the date on which the order was placed. Where the Supplier is unable to carry out the delivery within the aforementioned period but, nevertheless, within the period set forth in the following paragraph, the Buyer shall be given advance notice by e-mail.
6.3 Delivery methods, timescales and prices are clearly marked and identified at: http://www.theaerodyne.com/gb/content/9-shipping-rates
7.1 All prices for products listed and displayed on the www.theaerodyne.com website are in Euros and, by virtue of Article 1336 of the Civil Code, constitute an offer to the public.
7.2 The sales prices referred to in the above paragraph are inclusive of VAT and all other taxes. Although shipping costs and extra charges (e.g. customs clearance), if any, are not included in the purchase price, they must be listed and calculated during the purchase procedure and prior to the order being submitted by the Buyer; similarly, these details must be shown for completed orders in the order summary web page.
7.3 The prices payable for each of the goods offered to the public are valid until the date shown in the Supplier's catalogue.
8) PRODUCT AVAILABILITY
8.1 The Supplier shall ensure that orders are processed and followed-up using the on-line system without unnecessary delay.
8.3 By virtue of paragraph 4.2, the Supplier shall confirm that the order has successfully been placed via its web-based system and as quickly as possible by sending a confirmation email to the user.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier accepts no responsibility for poor service should it be unable to process the order within the timescales outlined in the agreement following the occurrence of a force majeure event.
9.2 The Supplier and its sub-contractors cannot accept liability to the Buyer, with the exception of gross negligence or wilful misconduct on the Supplier’s part, for failure or malfunction or any other problem with the Internet.
9.3 The Supplier shall be under no liability whatsoever for damages, losses and costs incurred by the Buyer as a result of the non-performance of the agreement owing to reasons that are not attributable to the Supplier since the Buyer is entitled to a full refund of any price paid and expenses incurred.
9.4 The Supplier does not assume liability for fraudulent or any other illicit use of credit cards, cheques or other means of payment carried out by third parties upon receiving payment for the purchased products, demonstrating that it has exercised ordinary diligence and every possible precaution based on the science and experience available to it at the time.
9.5 Inno event shall the Buyer be held liable for errors or delays in payments when he or she can prove that the payment was made on time and in a manner specified by the Supplier.
10) SUPPLIER OBLIGATIONS: liability for product defect, PROOF OF indemnity and damages.
10.1 Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier shall be liable for damage caused by defects in the goods sold should it fail to provide the name and address of the manufacturer or individual who supplied the goods within three months of being notified of the injured person's claim.
10.2. The aforementioned claim, issued by the injured party, must be notified in writing, specifying the product that caused the damage as well as the date and place of purchase; moreover, it must include details of the product offer, if still existing at the time of the claim.
10.3 The Supplier shall not be held liable for defective products and the consequences deriving from them where the defect is due to the product's compliance with an imperative legal norm or mandatory provision, or rather that the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation was not such as to enable the existence of the defect to be discovered.
10.4 No compensation is payable where the injured person was aware of the defect in the product,
knew that the product was dangerous and nevertheless voluntarily exposed himself to the danger.
10.5 Ineach case the injured person must prove the damage, the defect and the causal relationship between the defect and the damage.
10.6 The injured person may claim compensation for damage caused by death or by personal injuries, or rather by the destruction or deterioration of something other than the defective product, provided it is of a type ordinarily intended for private use or consumption and was mainly used as such by the injured person.
10.7 Damage to property will, however, under article 123 of the Consumer Code, only be compensated to the extent that the sum exceeds three hundred and eighty-seven Euros (€387).
11) WARRANTIES AND CONDITIONS OF SERVICE
11.1 The products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
11.2 For the purposes of the agreement herein, the consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling; d) are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.
11.3 To benefit from this guarantee, the Buyer must report the lack of conformity with a communication addressed to the seller indicating the defects and faults found. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
11.4 Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5 In the event of a lack of conformity, in accordance with the conditions mentioned below, the Buyer shall be entitled to have the purchased goods repaired or replaced free of charge, or to have an appropriate reduction made in the price or the contract herein rescinded, unless the request is deemed objectively impossible or imposes unreasonable costs on the supplier in accordance with article 130, paragraph 4 of the Consumer Code.
11.6 The request shall be sent to the Supplier in writing, by registered post with return receipt. He, in turn, and within seven working days of receipt of the request, shall indicate his willingness to initiate the request or outline the reasons that prevent him from doing so. In the same written communication, where the Supplier accepts the Buyer's request, the Seller shall indicate the delivery method and estimated timescale for the return or replacement of the defective product.
11.7 As to when repair or replacement is impossible, would entail unreasonable costs for the supplier, where the Supplier has not taken steps to repair or replace the goods or fails to do so within the period of time outlined in the previous paragraph and where repair or replacement would constitute a considerable inconvenience for the Buyer, the Buyer is given the option of demanding a price reduction or withdrawal from the contract. In this case, the Buyer shall submit his request to the Supplier who, in turn, and within seven working days of receipt of the request, shall indicate his willingness to initiate the request or outline the reasons that prevent him from doing so.
11.8 Inthe same written communication, where the Supplier accepts the Buyer's request, the Seller shall indicate his proposed price reduction and the method of delivery for the return or replacement of the defective product. In all cases, the burden is on the Buyer to state how he wishes the amounts previously paid to the Supplier to be refunded.
12) BUYER OBLIGATIONS
12.1 The buyer shall pay the total amount for the purchased goods in accordance with the payment terms and timescales stated in the Agreement.
12.2 The Buyer agrees to print and preserve a copy of the agreement herein once the purchase has been successfully completed.
12.3 It is a mandatory requirement that the Buyer understands and accepts the information contained herein; the purchase can only be confirmed once this step has been completed.
13) RIGHT OF WITHDRAWAL
13.1 Inall cases, the Buyer reserves the right to terminate the contract without penalty within 14 (fourteen) working days of his receipt of the goods without giving a reason.
13.2 Where the trader has failed to fulfil his obligations to provide information on the existence, terms and period of the withdrawal or return of the goods, in the event that the right of withdrawal has been exercised by the consumer pursuant to Article 52 of the Consumer Code, the period for exercising the right of withdrawal is 90 (ninety) days and shall begin on the day of receipt of the ordered goods by the consumer.
13.3 Where the Buyer decides to exercise his right of withdrawal, he must notify the seller by registered letter with return receipt, sent by post to Zest s.r.l. via della Resistenza, 1, 50039 Vicchio (FI) ITALY, or by e-mail to firstname.lastname@example.org, provided that all written communications are confirmed with the sending of the return receipt to Zest s.r.l. via della Resistenza, 1, 50039 Vicchio (FI) ITALY within 48 (forty-eight) hours. A stamp affixed by the post office shall serve as proof of dispatch. For the purpose of exercising the right of withdrawal, the written notice may be validly substituted with the return of any product purchased by the Buyer, provided that this is carried out under the same terms. The post office or shipping agent's postmark date shall be proof of delivery.
13.4 Goods shall nevertheless be returned within 30 (thirty) days at the latest from the date of receipt of the products. Consumers who intend to exercise their right to full reimbursement must, in any case, return the product intact and in a perfect state of preservation.
13.5 The right of withdrawal does not apply to purchase agreements for sealed audiovisual products or computer software that have been opened by the Buyer. Goods in the following circumstances shall also be treated as "non-returnable": goods that are packaged, made-to-measure or have been personalised; goods which by their nature cannot be returned or are likely to deteriorate or expire rapidly; newspapers, periodicals and magazines; goods whose price is dependent on fluctuations in the financial market outside the trader's control and any other circumstance covered by article 55 of the Consumer Code.
13.6 Inexercising his right of withdrawal in compliance with the article herein, the only cost payable by the consumer, unless refused by the Supplier, is the direct cost of returning the goods to the Supplier.
13.7 The Supplier shall refund the full amount paid by the Purchaser, free of charge, within 30 (thirty) days of receipt of the notice of withdrawal.
13.8 On receipt of the withdrawal notice, the parties to the agreement herein are dissolved by mutual consent, unless otherwise mentioned in previous paragraphs of the clause herein.
14.1 The obligations to be adopted by the Buyer, set forth in paragraph 12.1, as well as the guarantee for the successful completion of the payment which the Buyer shall perform using one of the payment methods set forth in article 5.1 and the due fulfilment of the obligations assumed by the Supplier under section 6, are essential. Therefore, by express agreement, failure to fulfil only one of the said obligations, where it is not due to force majeure or fortuitous event, will, by law, determine the resolution of the agreement ex art. 1456 c.c., without any need to resort to preliminary proceedings.
15.1 The Supplier protects the privacy of his customers and ensures that data shall be processed in accordance with the provisions laid down in the Personal Data Protection Code (Italian Legislative Decree No. 196 of 30 June 2003).
15.2 Personal data collected directly by the Supplier Zest s.r.l., owner of the data, and/or through third party suppliers, may be collected and processed in manual or automatic (computer-based) form. The Buyer's personal data is collected for the purpose of recording the purchase order and is necessary for the execution of the agreement herein and the necessary corresponding communications; this is in addition to fulfilling legal obligations and to enable the effective management of business relationships to the necessary extent and in order to best perform the requested service (Article 24, paragraph 1, Legislative Decree n. 196/2003).
15.3 The Supplier undertakes to treat all information provided by the Buyer as strictly confidential; data shall not be disclosed to unauthorised persons, transmitted to third parties, nor used for purposes other than those for which it was collected. The data may only be produced at the request of the court or other judicial authority.
15.4 Personal data may only be disclosed to persons authorised to carry out the necessary activities for the implementation of the stipulated contract and solely for that purpose, once a pledge of confidentiality for the said data has been signed.
15.5 The Buyer may exercise his rights under Article 7 of Legislative Decree 196/03, namely:
the right to obtain:
a) updating, rectification or, where interested therein, integration of the data;
b) the cancellation, transformation in anonymous form or blocking of data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed;
c) certification that the operations described in letters a) and b) have been brought to the attention, also with regards to their content, of the entities to whom the information was disclosed or circulated, unless this requirement proves to be impossible or involves an effort that is manifestly disproportionate to the protected right.
The individual is also entitled to object, in whole or in part, to:
i) the processing of personal data, for legitimate reasons, even if relevant to the purpose of the collection;
ii) the processing of personal data for the purpose of sending advertising or direct selling materials or for carrying out market research or business communications.
15.6 The disclosure of personal data by the Buyer is a necessary condition for the proper and timely implementation of this agreement. Any request by the Buyer shall be subject to the necessary disclosure of his personal data.
15.7 Inall cases, the data acquired will be kept for a period not exceeding the time necessary to fulfil the purposes for which they were collected and subsequently processed. All personal data shall be safely removed.
15.8 The owner of the data is the Supplier, to whom the Buyer may submit any request, addressed to the company's headquarters.
15.9 Material (requests, suggestions, ideas, information, materials, etc.) sent to the Supplier, including by e-mail, shall not be considered confidential information or data, shall not infringe the rights of others and shall contain valid and truthful information that does not harm the rights of others. The Supplier accepts no responsibility for the content of these messages.
16) FILING OF AGREEMENTS
16.1 Pursuant to Article 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that a hard copy of all purchase orders shall be held solely at the Supplier's premises in accordance with secrecy and confidentiality criteria.
17) COMMUNICATIONS AND COMPLAINTS
17. Written communications and any complaints shall only be considered valid if addressed to the Supplier at: Zest s.r.l. via della Resistenza, 1, 50039 Vicchio (FI) ITALY, alternatively by e-mail to email@example.com. All communications from the Supplier shall be sent to the Buyer at the residence or address, telephone number or e-mail address provided by the Buyer on registration.
18) SETTLEMENT OF DISPUTES
18.1 Any dispute arising out of the agreement herein shall be referred to the Chamber of Commerce of Borgo San Lorenzo and finally settled in accordance with the Rules of Conciliation applied by the same.
18.2 Should either party refer the matter to the general judicial authority, the court in the place where the consumer habitually lives or has elected domicile shall also have jurisdiction and shall be binding pursuant to article 33, 2nd paragraph, letter u) of Legislative Decree no. 206/2005.
19) REFERENCES AND JURISDICTION
19.1 This agreement herein is governed by the laws ofItaly.
19.2 Inall matters not expressly provided for in the agreement herein, the applicable laws are those relating to the relationships and cases at issue, as described in the agreement and in particular article 5 of the 1980 Rome Convention.
19.3 Pursuant to Article 60 of Legislative Decree 206/05, we hereby expressly revert to the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/05.
20) FINAL CLAUSE
The agreement herein repeals and replaces all written or oral agreement, understanding or negotiation that has previously been made between the parties in the context of this agreement.