The sale of "SENDO" brand products (hereinafter, also referred to simply as “the Products" or “the Product") concluded remotely through the website, www.sendoconcept.it, (hereinafter referred to as “the Site") is governed by the following General Conditions of Sale (hereinafter, also referred to simply as “the GCS").
For the purposes of these General Conditions of Sale, the Purchaser and Eley are individually or jointly referred to respectively as the Party or the Parties.
The Purchaser declares and guarantees that the purchase of the Products on the Site is not made in the performance of professional activities, and is intended for personal use. The resale, rental or transfer of Products purchased from the Site for any commercial or professional purpose are therefore expressly prohibited.
These General Conditions are published on the Site in order to allow the Purchaser to be aware of the conditions and methods by which the seller (hereinafter "Eley" or "the Seller") sells and delivers the Products ordered, as well as to define the rights and obligations of the Parties in relation to the sale of Products by Eley. The GCS are also intended, moreover, to allow storage and reproduction on the part of the Purchaser, pursuant to art. 12, paragraph 3, of Legislative Decree no. 70 of 9 April 2003 ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce") and subsequent amendments and additions. The GCS apply, without any limitation or condition whatsoever, to all sales of the Products offered by Eley on its Site, accessible via the Internet at www.sendoconcept.it, as well as, in a version optimized for mobile devices, at www.sendoconcept.it.
These General Conditions of Sale must be carefully examined by the Purchaser before the completion of the procedure for the purchase of Products and/or services through the Website. The sending of a purchase order (hereinafter also referred to simply as an "Order") for one or more of the Products on sale on the Site implies full and unconditional acceptance by the Purchaser of these General Conditions of Sale, as well as the General Conditions of Use of the Website.
Eley reserves the right to change these GCS at any time. Therefore, the Purchaser will be asked to accept only the General Conditions in force at the time of placing the Order. Any changes and/or additions will be effective only in relation to purchase Orders sent by the Purchaser after the date of change and/or integration.
In such cases, withdrawal can be made within 14 (fourteen) days from the communication of the e-mail of modification/integration of the General Conditions of Sale. Orders sent by the Purchaser within the 14 (fourteen) working days within which to withdraw from the Contract, shall be subject to the General Conditions of Sale in force prior to the modifications/integrations, communicated by Eley via the aforesaid e-mail. These General Conditions of Sale can be viewed and downloaded at any time in the "General Conditions of Sale" section at the following link: https://sendoconcept.it/pages/en/condizioni-generali-di-vendita
Eley S.r.l. is the Italian exclusive licensee company of the industrial property rights relating to the registered trademark Sendo. Its registered office is in Granarolo dell'Emilia (BO) - Cadriano, Via G. Di Vittorio no. 11, tax code and VAT number 02084561204, e-mail firstname.lastname@example.org
Eley informs that it is possible to enter the www.sendoconcept.it Site without being a registered user and to access information, product data sheets, the basic price list and all those services that do not require the input of personal data to be used.
It is not necessary to create an account in order to proceed with a purchase. The Purchaser may proceed with the purchase of the Products as a "Guest", providing only the information required for a correct registration of the Order by Eley's servers and for a correct shipment of the same.
Product features and availability
Before sending the Order, the Purchaser may view on the Site all the information referred to in Article 49 of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") such as, by way of example only, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the Product(s) or services he wishes to purchase and all other mandatory information required by Italian law.
The Products offered on the Site comply with the Italian legislation in force at the time of the Order. Eley will not be responsible for any non-compliance of the Products with the legislation of the country to which the Purchaser wishes delivery to be made. The Purchaser is therefore obliged to verify the methods of import and/or use of the Products and services that they intend to order, as well as their compliance with the legislation of the country of destination. Eley cannot guarantee that the information on the product packaging will be translated into all the languages of the European Union. This information, however, will be available at least in Italian and English.
For any information regarding the Products and their use, or for any further questions or requests for advice, the Purchaser may contact Eley's customer service department at email@example.com.
The Purchaser may select one or more Products available on the Site. Eley reserves the right to change the range of items offered on the Site and may limit, from time to time, the quantity of Products that the Purchaser may order for each purchase session.
The offers presented by Eley are valid for as long as they are published on the Site and within the limits of available stock. For Products not immediately available, offers published on the Site will be valid subject to availability. In the event that a Product is completely or partially unavailable after the sending of the Order by the Purchaser, the latter will be immediately informed by e-mail of the unavailability of the Product and of the total or partial cancellation of the Order.
In the event that the Order initially transmitted had benefited from free shipping, this benefit will remain in force even in the event of partial cancellation of the Order.
In the event of partial cancellation of the Order, the Purchaser will have the right to withdraw, according to the terms and procedures indicated in the article "Right of Withdrawal".
All prices of the Products offered for sale on the Site are indicated and understood to be in Euro and "VAT included". Any change in the applicable VAT rate will be automatically reflected in the price of the Products.
In all events, the prices of the Products offered for sale on the Site are only applicable in the context of remote selling via the Internet and may be different from the prices charged for retail sales at commercial premises.
An order will be issued for each purchase, marked with a unique identification code, containing the date of forwarding to the system, details of the Products purchased, shipping charges, individual prices including VAT and a summary of total costs including VAT.
In all events, Eley will not make any changes to the price, availability or description of any product after Eley's acceptance of the Purchaser's Order.
The prices of the Products do not include shipping costs, which vary according to the address indicated for the delivery of the Products as well as the total amount of the Order and are displayed before the Order is placed by the Purchaser. For further information regarding shipping costs, please refer to the "Shipping" page at the following link https://sendoconcept.it/pages/en/spedizioni.
There are different types of payment.
CREDIT, DEBIT, PREPAID AND DIGITAL WALLET CARDS
The accepted card circuits are: Visa, MasterCard, Maestro and American Express.
The total amount will be charged when the Order is placed. In order to ensure the security of payments made on the Site and to prevent possible fraud, we use the secure payment service that uses the SSL security protocol. Confidential credit card details are encrypted and transmitted in this way to the payment manager. Our Site never has access to and does not store the data of the credit card used to pay for Products. All payment information is encrypted to ensure the highest degree of privacy. In the event of return, refund or dispute of the Order, either by the Purchaser, where permissible, or by the Purchaser's Credit Institution, the refund or release of the amount collected will be arranged at the same time. Return times, for some types of cards, depend exclusively on the banking system and cannot be attributable to Eley. Once the transaction has been refunded, in no event may Eley be held responsible for any damage, direct or indirect, caused by delay due to failure to release the amount committed by the banking system.
Card and digital wallet payments (ApplePay and Google Pay) are handled by the Shopify Payments platform. The terms and conditions of service security can be found at the following link: https://www.shopify.com/legal/terms-payments-us.
Payment for the Products can be made using PayPal. By choosing this payment method the Purchaser is redirected to the www.paypal.it site to login and make the payment of the Products according to the procedure provided for and regulated by PayPal.
The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with our Site. Eley is not, therefore, in a position to know and does not store in any way the data of the credit card connected to the Purchaser's PayPal account.
The total amount due will be charged when the order is placed. In the event of withdrawal from the Purchase Agreement and in all cases of refund, for whatever reason, the refund amount will be credited to the PayPal account. Credit times depend exclusively on PayPal and the banking system.
ORDER SHIPPING AND DELIVERY
Eley currently delivers in Italy.
Shipments are made by express courier.
The cost of shipping in Italy is 7 euros for total amounts of less than 40 euros and is free for higher amounts.
Orders are normally processed and assigned to the courier in the following ways:
Orders sent by the Purchaser before 10:00 a.m. will be processed and assigned to the courier on the same day;
Orders sent by the Purchaser after 10:00 a.m. will be processed and assigned to the courier on the following working day.
Saturdays and Sundays will not be considered working days, so Orders sent on these two days will be considered as sent on the first following working day, before 10:00 am.
The delivery time to the Purchaser starts from the moment Eley sends the e-mail confirming that the Products have been shipped to the Purchaser and is normally
1-3 working days for deliveries of Products in Italy;
For shipments to the islands these times could be extended by 1-2 working days with respect to the Italian calendar.
In the event of a delay in delivery exceeding 14 (fourteen) working days, the Purchaser will have the possibility to cancel their Order, within a maximum period of 30 (thirty) working days from the date of receipt of the Order confirmation e-mail, by sending an e-mail to firstname.lastname@example.org.
Only in the event that the delay in delivery is attributable solely to Eley and/or the carrier, the Purchaser shall be entitled, in addition to cancellation of the Order as set out above, to the reimbursement of any shipping costs incurred, provided that the entire Order is returned by the Purchaser to Eley. Reimbursement of expenses shall be made in the ways set out in the Returns and Exchanges section, within 14 (fourteen) working days from the date Eley receives the goods.
If the delay is not attributable to Eley or the carrier, the Purchaser shall not be entitled to claim either a refund of the sums paid by him or a new shipment of the ordered Products.
In the event that the Order is not returned in its entirety and completeness, the Purchaser will not be able to claim either a refund of the sums paid by him or a new shipment of the ordered Products.
NON-CONFORMITY OF PURCHASED PRODUCTS
In the event of lack of conformity as per art. 129 of the Consumer Code, the legal guarantee as per arts. 130 and 132 of the same Code will apply.
The Purchaser shall therefore be entitled to the replacement/repair of the goods not conforming to the Contract of Sale.
Pursuant to art. 129 and following articles of the Consumer Code, in the event of receipt of Products not conforming to the Contract of Sale, the Purchaser shall forfeit all rights if they fail to report the lack of conformity to Eley within 2 (two) months from the date of discovery, as provided for by art. 132, paragraph II of the Code.
The report of non-conformity should be made to Eley's Customer Service by sending an e-mail to email@example.com. according to the procedure described in the following article.
In all events, Eley shall not be liable for any lack of conformity that may occur 2 (two) years after delivery of the Product.
Any action aimed at asserting defects not maliciously concealed by the Seller is time-barred after 26 (twenty-six) months from the delivery of the goods.
In all events, the Purchaser is obliged to report any packaging defects in the Products found upon delivery of the goods by the courier by making a note on the transport document, indicating that the goods are accepted with reservation. The Purchaser must also mention the packaging defect in the e-mail reporting the conformity defects sent to Eley, according to the above terms and conditions.
In all events, unless proven otherwise, it is presumed that conformity defects which become apparent within six months of delivery of the Product(s) already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the conformity defect.
In the event of lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the Product, or a reduction in price or termination of the Sales Contract, unless the request is objectively impossible to satisfy, or is excessively onerous for Eley pursuant to art. 130, paragraph 4 of the Consumer Code.
Eley will indicate its willingness to process the request, or the reasons preventing it, within 7 (seven) working days of its receipt. In the same communication, if the Purchaser's request has been accepted, Eley shall indicate the method of shipment or return of the Product(s) as well as the expected deadline for the return or replacement of the defective article.
PROCEDURE IN THE EVENT OF PRODUCT NON-CONFORMITY OR MISSING PRODUCTS
The Purchaser, or the recipient of the Order, shall report the non-conformity or non-delivery of the ordered Products to Eley's Customer Service by sending an e-mail to firstname.lastname@example.org.
Eley's Customer Service may request information regarding the identity of the Purchaser or, if applicable, the recipient of the Order, and carry out any verification that may be useful. Eley's Customer Service will inform the Purchaser, or the recipient of the Order, of the procedure to follow to return the Product that is non-conforming, or to obtain the missing Products.
Once the Products are received, Eley will check the condition of the packaging and Products. With respect to the Products, Eley will assess whether the Products are indeed non-conforming or missing.
If such verification is positive, in accordance with the provisions of art.130 et seq. of the Consumer Code, Eley will replace the non-conforming Product or send the quantities of the missing Products within 14 (fourteen) working days from the receipt of the Products by Eley.
Shipping costs for replacement or missing Products will be borne entirely by Eley.
In the event that Eley is unable to replace or send the missing Products within the aforesaid period, Eley will immediately notify the Purchaser at the e-mail address provided at the time of purchase and will refund the Purchaser the cost of such Products within 14 (fourteen) working days from the date Eley receives the Products to be replaced or from the date Eley receives the e-mail notification, in the manner set out in the "Returns" section.
Eley will also reimburse the Purchaser for shipping costs, but only if the Purchaser provides proof of the cost incurred in returning the Products.
In the event that, after examination of the returned Products, Eley reasonably believes that the Products cannot be deemed to be non-conforming, the Purchaser shall not be entitled to a refund and the Products will be returned to the Purchaser at the Purchaser's sole expense. Likewise, the Purchaser will not be entitled to obtain the Products deemed to be missing by the Purchaser if Eley verifies that the Order has been properly processed.
RIGHT OF WITHDRAWAL
The Purchaser, pursuant to art. 52 of the Consumer Code, may exercise the right of withdrawal within 14 (fourteen) working days from delivery of the Products; instructions for returning the Products following withdrawal can be consulted in the "Returns" section of the Site.
The Purchaser is entitled to withdraw from the Contract of Sale without any penalty.
In order to exercise the right of withdrawal, the Purchaser must send their request in the "Contacts" section of the website within 14 (fourteen) working days from the delivery of the Products, specifying the following:
Name and Surname
A phone number
The order identification number
The article code of the article you want to return
The reasons for the *optional return
Returns must be made by choosing the pickup method with DHL and inserting the consignment note sent by Eley in the package.
In order to obtain a refund of the amount paid for the purchase of the Products, the Purchaser must book the reshipment of the purchased Products within 14 (fourteen) working days from the sending of the withdrawal notice to Eley.
The only costs to be borne by you are those related to the return of the Product. The Purchaser shall also bear the risks associated with the transport of the returned goods.
Eley reserves the right to refuse withdrawals exercised late, returns of Products shipped late or returns of Products that are not in the same original condition,
The Purchaser undertakes to preserve and keep with the utmost care and diligence the Products received and for which they intend to exercise the right of withdrawal, keeping them intact together with the original packaging.
Once it has received the goods in accordance with the above and carried out the necessary verifications, Eley will refund the Purchaser within 14 (fourteen) working days from receipt of the goods in the following manner:
- if the payment of the returned Products was originally made by credit card, debit card, prepaid card, digital wallet or Paypal the refund of the amount paid will be made through the re-credit procedures provided in the Shopify Payments service security terms and conditions that can be found at the following link: https://www.shopify.com/legal/terms-payments-us;
Eley S.r.l. will be liable for any breaches of Italian consumer protection legislation, as per Legislative Decree 206/2005, that may be attributed to it.
In all events, Eley S.r.l. will not be in any way liable for any breach of these General Conditions of Sale, even if foreseeable, attributable to a third party, the fault of the Purchaser, the occurrence of an event of force majeure, fortuitous event or any other event that is not directly attributable to Eley S.r.l. due to its willful misconduct or gross negligence.
Eley S.r.l. also declines any liability for direct and indirect damages, whether foreseeable or not, consequent and/or connected to the use of the Site and/or the purchase of the Products by the Purchaser.
The Purchaser declares to have full capacity to act and enter into a contract for the purchase of Products on the Site according to these General Conditions of Sale. Under no circumstances may Eley S.r.l. be required to verify the capacity to act of Purchasers and visitors of the Site.
The Purchaser also guarantees, assuming all liability and holding Eley harmless from any prejudicial consequences, that their data, provided at the time of acceptance of these General Conditions, are true and allow for the establishment of the true identity of the Customer, who also undertakes to immediately inform Eley in writing, also by e-mail, of any change in the data provided. The Purchaser is also informed of the need to communicate to Eley a valid e-mail address in order to allow the Seller to forward the Order confirmations and any other communication.
SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
The contents of the Site, such as, for example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, patterns, tools, fonts and design of the website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property rights of Eley and other right holders. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images and contents of the Site is prohibited unless previously authorized in writing by Eley. It is also forbidden to use the contents of the Site for commercial and/or advertising purposes.
All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by Eley under license, that is, as owner.
Any further unauthorized use of the above-mentioned distinguishing marks is prohibited. It is in no way permitted to use any distinctive sign present on the Site in order to take undue advantage of their distinctive character or reputation or in such a way as to be detrimental to them and their owners.
Under no circumstances may the user alter, change, modify or adapt the Site or the material made available by Eley.
The fact that one of the Parties does not assert against the other a breach of any of the obligations contained in these GCS shall not be deemed as a waiver of the right to obtain performance of the obligation in question for the future.
For all Eley's e-commerce services, the law of the Italian State applies exclusively, regardless of the place of purchase or shipment of the Order. Any dispute relating to the existence, interpretation, execution or termination of these GCS and/or the contract concluded between the Purchaser and Eley, shall be assigned, in the absence of settlement, to the exclusive jurisdiction of the Courts that have jurisdiction according to the Purchaser's place of residence or domicile.
DISPUTE SETTLEMENT PLATFORM OF THE EUROPEAN COMMISSION
The Purchaser may attempt to resolve out of court any dispute relating to the existence, interpretation, performance or termination of these GTC and/or the contract concluded between the Purchaser and Eley by accessing the European Commission's online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr.
This shall be without prejudice to Eley's right not to accept the resolution of disputes through the aforementioned body.