TERMS AND CONDITIONS OF SERVICE

Premise

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This information is provided for the site "www.conviv.it" (Site) owned by Conviv Srl, with registered office in Viale Lombardia 16 / N, 20081 Cassinetta di Lugagnano (MI), Italy, Registered in the Chamber of Commerce of Milan Monza Brianza Lodi with VAT no. 11439470961; share capital € 10,000 (Company).​

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Art. 1. Scope of application

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

1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Company is not responsible for the provision of services and / or for the sale of products by such parties. On the websites accessed through such links, the Company does not exercise control and / or monitoring. The Company is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site, even during the purchase procedure.

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Art. 2. Purchase on the Site

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2.1 Purchase on the Site

• can also take place without registering on the Site;

• is allowed only to users who hold the quality of consumer.

2.2 Under Article. 3, paragraph I, letter. a) of the Consumer Code, it is recalled that are considered consumers natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.

2.3 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Company reserves the right to take all necessary actions to stop the irregularities.

2.4 The Company reserves the right to refuse or cancel orders they come:

• by a user who has previously violated the General Conditions of Sale

• by a user who has been involved in crimes.

• by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the Company the documents requested by it or who has sent invalid documents. 

 

Art. 3. Registration on the Site

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3.1 To register on the Site you have to fill the appropriate form, entering the following data:

• name

• surname

• e-mail

• password

3.2 You undertake to inform the Company immediately in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.

3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to disable the user's account.

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Art. 4. Information aimed at the conclusion of the contract

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4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:

• to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Company, electronically, following the instructions that will appear from time to time on the Site

• the contract is concluded when the order form reaches the Company’s server

• once received the order form, the Company will send at the e-mail address you have indicated the confirmation of the order containing:

  • information relating to the characteristics of the purchase

  • indication of the price

  • indication of the payment method used

  • indication of the delivery cost

  • indication of the delivery time

  • indication of the delivery cost and any additional costs.

 

Art. 5. Product availability

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5.1 The products offered on the Site are limited in number. Therefore, it may happen that the product ordered is no longer available after the transmission of the purchase order, also due to the eventuality that several users order the same product at the same time.

5.2 On the Site there are information on the availability of every product.

5.3 You will be informed in case of unavailability of the product ordered. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.

5.4 Alternatively, you can accept:

• if a restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery deadline

• the Company will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the term within which it can be used, and any limitations will be communicated by the Company from time to time.

5.5 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Company will make the refund within a maximum period of 10 days.

5.6 In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Company will refund the Total Amount Due in accordance with the provisions of Article "payment" below.

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Art. 6. Information sheet

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6.1 Each product is accompanied by an information sheet that illustrates its main characteristics (information sheet). Images and descriptions on the Site illustrate the characteristics of the Products on the site as faithfully as possible. However, the colours of the Products may be different from the reality because of the setting of the computer system, or the computer used for their display. Moreover, images of the Products on. the Information Sheet may differ in sizes or in. relation to any accessory product. These images must be intended as indicative and with the. tolerance of use.

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Art. 7. Prices

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7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.

7.2 The Company reserves the right to change the price of Products at any time, without notice, provided that the price charged to you will be the one indicated on the site at the time of the order and does not take into account any changes (increasing or decreasing) subsequent to the transmission of the order

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

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Art. 8. Purchase orders

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8.1 The Company will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment (the moment of delivery of the Product to the carrier). The risk of loss or damage to the Products, for reasons not attributable to the Company, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.

8.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

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Art. 9. Terms of payment

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9.1 The following payment methods are allowed on the Site:

• Paypal;

• Credit card.

9.2 The Company accepts the credit cards of the circuits:

• Visa

• Mastercard

• American Express

 

They are, in any case, indicated when choosing the payment method.

The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time of order transmission.

9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the site where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by Paypal and will not be transmitted or shared with the Company. The Company is therefore unable to know and does not in any way store the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

In the case of payment by PayPal, the Total Amount Due will be debited by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favour of this account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account. 

 

Art. 10. Delivery of Products

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10.1 There are no limitations on delivery, except in the cases indicated on the Site and / or in the Product Sheet.

10.2 Delivery costs are at your expense, unless otherwise indicated during the purchase process and / or in other parts of the Site. An additional cost may be required for delivery in some areas.

10.3 From the date the order is sent, the Products will be delivered within 7 days. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.

10.4. It is up to you to check the conditions of the delivered Product. Given that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Company recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

10.5 You have the possibility to collect the Product at a collection point, according to the options and methods available on the site and / or during the purchase process, provided that this method is available for the Product you have selected. You will be promptly notified when the Product is ready to be collected at the collection point of your choice. From the communication, you have 1 day to collect the Product at the collection point. Unless otherwise agreed, if you do not fulfil this obligation, the purchase contract will be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code As a result of the termination, the order will be cancelled and the Company will reimburse the Total Amount Due paid by you, minus the shipping costs. The mere failure to collect the Product cannot be intended as exercising the right of withdrawal pursuant to art. 52 of the Consumer Code and, consequently, will not give the right to a full refund of the sums paid for the purchase of the Product.​

 

Art. 11. Right of withdrawal

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11.1 You, as a consumer, have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

1. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;

2. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

3. in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.2 To exercise the right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

• email: info@conviv.it

It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Company.

11.4 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.

11.5 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.

11.6 If you withdraw from the contract, the Company will reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Company 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 its own expense, the Company may suspend the reimbursement until receipt of the Products or until you have demonstrated that you have returned the Products (if it is before).

11.7 You are solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product

11.8 In the case in which the product for which it was exercised the withdrawal has suffered a decrease in value resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product, the Company reserves the right to deduct from the amount of the reimbursement an amount equal to this decrease in value. The Company will notify you of the circumstance and the consequent reduced refund amount within 8 days of receipt of the Product, providing, if the refund has already been paid, the bank details for the payment of the amount due by of the decrease in value of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Company will notify the user within 8 (working) days from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Company at your disposal for collection, which must take place at your expense and under your responsibility.

11.10 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros and returns the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed the amount actually paid.

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Art. 12. Legal guarantee

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All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).

 

Who does it apply to?

 

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

 

When does it apply?

 

The Company is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from the 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. Starting from the seventh month following the delivery of the Product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of delivery.

In case of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Company will refund 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 Company is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

 

Art. 13. Conventional manufacturer's warranty

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

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Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution

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14.1 Purchase contracts concluded through the Site are governed by Italian law. Exception is made to more favourable applicable and mandatory provisions pursuant to the Law in force in the country where Users who do not have their usual residence in Italy have their habitual residence.

14.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in case he has lodged a complaint directly to the Company, following which however has not been possible to resolve the dispute thus arose, the Company will provide the information about the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute itself.

14.4 The Company also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

14.5 In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

14.6 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, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

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Art. 15. Customer service and complaint

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It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:

• by email, at the following address: info@conviv.it ;

• by phone, at the following number: +39 (0)2 90381180.

 

The Company will respond to complaints submitted within 5 days of receiving them.