Terms and conditions of service

GENERAL CONDITIONS OF SALE B2C

 

General provisions

 

These Terms and Conditions of Sale apply to all current and future contracts of sale concluded through the website shop.annatwelve.com (hereinafter referred to as "SITE") between the company ERRECOM S.p.A., with registered office in 25030 - Corzano (BS), Via Industriale, n. 14, registered at the Brescia Companies Registry under n. 427786, Tax Code/VAT: 02179230988, Tel. 030.9719096, PEC: [email protected], E-mail: [email protected] (hereinafter "SELLER") and any natural person who, for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, makes online purchases on the SITE (hereinafter "CUSTOMER").

The CUSTOMER is invited to read these General Conditions carefully before proceeding with the transmission of any purchase order.

For any inquiries or complaints, the CUSTOMER may contact the SELLER's e-Commerce Department by sending an email to: [email protected] or a registered letter with return receipt to ERRECOM S.p.A., Via Industriale 14, 25030 - Corzano (BS), Italy or a PEC to: [email protected].

 

ART. 1 - DEFINITIONS

  • 1.1. For the purposes of these General Terms and Conditions of Sale the following terms (whether in the singular or plural) shall have the following meanings:
    • CUSTOMER/CUSTOMER: the user, with at least 18 years of age, who purchases the PRODUCTS on the SITE as "Consumer" pursuant to Art. 3, par. 1 letter a) of Legislative Decree no. 206 of September 6, 2005 ("Consumer Code"), as such meaning the natural person acting for purposes unrelated to the business, commercial, craft or professional activity carried out by the same;
    • GENERAL CONDITIONS: these General Conditions of Sale;
    • PARTIES: joint indication of the CUSTOMER and SELLER;
    • PRODUCT(s): the entire range of products available and offered for sale on the SITE;
    • SITE: the site shop.annatwelve.com of which the SELLER is the owner;
    • SELLER: the company ERRECOM, with registered office in 25030 - Corzano (BS), Via Industriale, no. 14, registered at the Brescia companies register under no. 427786, Tax code/VAT: 02179230988, Tel. 030.9719096, PEC: [email protected], E-mail: [email protected].

       

      ART. 2 - SCOPE OF APPLICATION

      • 2.1. The GENERAL CONDITIONS shall apply to all current and future contracts of sale of PRODUCTS concluded between the SELLER and the CUSTOMERS through the access to the SITE and the execution of a purchase order according to the procedure provided by the SITE itself. 
      • 2.2. The GENERAL CONDITIONS shall be made in accordance with the provisions set out in this Annex:
        • Legislative Decree no. 206 of 6 September 2005, containing the "Consumer Code" and subsequent amendments;
        • Legislative Decree No. 70 of 9 April 2003 implementing Directive 2003/31/EC on Electronic Commerce and Electronic Communications
        • EU Regulation No 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
      • 2.3. The CUSTOMER undertakes to carefully read the GENERAL CONDITIONS before sending his/her purchase order on the SITE in compliance with the provisions of the following Art. 4.5. The CUSTOMER, by submitting his/her purchase order, acknowledges having read, understood and accepted the GENERAL CONDITIONS, without any limitation or reserve and undertakes to print and keep a copy of them.
      • 2.4. The GENERAL CONDITIONS do not regulate the sale of products and/or the provision of services by parties other than the SELLER present on the SITE through links, banners or other hypertext links, with respect to which the SELLER assumes no responsibility.
      • 2.5. The GENERAL CONDITIONS may be modified by the SELLER at any time. Any amendments shall enter into force as from the date of their publication on the SITE.
      • 2.6. Purchases made by the CUSTOMER on the SITE are governed by the general conditions of sale in force at the date the CUSTOMER sends the purchase order. The SELLER therefore recommends the CUSTOMER to carefully read the general conditions of sale every time the CUSTOMER intends to make a new purchase.

       

      ART. 3 - PRODUCT INFORMATION

      • 3.1. The CUSTOMER, before the conclusion of the purchase contract, is required to read the essential characteristics of the PRODUCTS that the SELLER undertakes to indicate in special information sheets available on the SITE. 
      • 3.2. Any images included on the WEBSITE accompanying the PRODUCTS are for illustrative purposes only. The SELLER shall therefore not be held responsible for any non-substantial differences (by way of example but not limited to colour or packaging) found between the images of the PRODUCTS on the SITE and the PRODUCTS purchased by the CLIENT.
      • 3.3. Unless expressly stated otherwise on the SITE, the PRODUCTS sold through the SITE are new and comply with current European legislation and the rules applicable in Italy.

       

      ART. 4 - PRODUCT ORDERING PROCEDURE

      • 4.1. To place an order, the CUSTOMER is required to follow the procedure described below (also available on the SITE in English)
      • 4.2. The CUSTOMER who intends to make a purchase on the SITE must select for each PRODUCT the format and quantity they wish to purchase and enter the PRODUCTS in the "Shopping Cart" by clicking on the "Add to Cart" icon. The contents of the Shopping Cart can be modified by the CUSTOMER by adding or removing one or more PRODUCTS until the order is sent (Art. 4.5) by clicking on the "Remove" icon.
      • 4.3. Once added the PRODUCTS to the Shopping Cart and clicked on the "Check-out" icon to the CUSTOMER:
        • a page will appear indicating the main characteristics and price of each PRODUCT ordered as well as the total price of the order, including taxes. The contents of the Shopping Cart may be modified by the CUSTOMER by adding or removing one or more PRODUCTS until the order is sent (Art. 4.5) by clicking on the "Back to Cart" icon;
        • you will be asked to enter a reference e-mail address and the shipping details of the PRODUCTS and then click on the "Go to Shipping" button.
      • 4.4. At this point the CUSTOMER will be asked to select the "Shipping Mode" and an "order summary" page will appear containing the following information:
        • CUSTOMER'S reference e-mail and PRODUCT shipping data both can be modified by the CUSTOMER until the order is sent (Art. 4.5) by clicking on the "Change" icon; 
        • main features and price of each PRODUCT ordered;
        • total price of the order, including taxes and any shipping costs.
      The CUSTOMER is required to verify the accuracy of the data indicated in the "order summary" and then click on the "Go to payment" button.
      • 4.5. After this verification, the CUSTOMER is asked to read the GENERAL CONDITIONS and confirm acceptance, select the desired payment method and then proceed to send the order by clicking on the "Pay now" button. The CUSTOMER expressly acknowledges that the forwarding of the order implies the obligation to pay the price and other amounts due under these GENERAL CONDITIONS. 
      • 4.6. By sending its order the CUSTOMER declares to have read, understood and accepted the GENERAL CONDITIONS and acknowledges that the same, in case of acceptance of the order by the SELLER according to the following Art. 5, will be binding between the PARTIES.

       

      ART. 5 - CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT

      • 5.1. The sales contract shall be considered concluded and effective between the PARTIES with the sending by the SELLER to the CUSTOMER of an order confirmation e-mail to the e-mail address indicated in the order. The order confirmation e-mail contains the CUSTOMER's data and the order number, the price of the PRODUCTS purchased, the shipping costs, the delivery address to which the PRODUCTS will be sent, the expected delivery date of the PRODUCTS, the Tracking Number as well as the link to print and store a copy of the GENERAL CONDITIONS.
      • 5.2. The CUSTOMER undertakes to verify the correctness of the personal data contained in the above mentioned e-mail and to promptly inform the SELLER of any corrections/modifications to be made.
      • 5.3. The SELLER reserves the right to accept the order transmitted by the CUSTOMER within 4 (four) working days starting from the working day following the one on which the CUSTOMER transmitted his/her order. Should the SELLER fail to send its order confirmation within the aforesaid term, the order shall be deemed to be tacitly refused. In this case, the SELLER shall provide without undue delay for the reimbursement of the price already paid by the CUSTOMER. 

       

      ART 6 - PRODUCT AVAILABILITY

      • 6.1. The availability of the PRODUCTS indicated on the SITE refers to the actual availability of the same when the CUSTOMER places the order. Such availability is merely indicative since:
        • due to the simultaneous presence on the SITE of several users, PRODUCTS may be sold to other customers before the CUSTOMER submits his/her order;
        • a computer anomaly could occur such that a PRODUCT that is not actually available for purchase. 
      • 6.2. In case of unavailability (even partial) of the ordered PRODUCT, the SELLER undertakes to immediately inform the CUSTOMER by e-mail indicating the first date on which the PRODUCT will become available again. The CLIENT, within the following 48 hours, shall have the right to confirm the order of the PRODUCTS or to cancel it. In the absence of communication from the CUSTOMER, the order will be considered tacitly confirmed. In case of cancellation of the order, instead, the amount related to the unavailable PRODUCTS will be refunded to the CUSTOMER without undue delay and, in any case, within the maximum term of 14 working days from the date of cancellation of the order.
      • 6.3. Under no circumstances shall the SELLER be held liable for any damages - direct and/or indirect - deriving from the unavailability (even if occurred) of the PRODUCTS on the SITE.

       

      ART. 7 - PAYMENT

      • 7.1. Payment for the PRODUCTS can only be made by one of the payment methods indicated on the SITE.
      • 7.2. The CUSTOMER guarantees the SELLER to be in possession of all the necessary authorizations to use the chosen payment method.
      • 7.3. The CUSTOMER shall provide the payment details directly to the selected payment service provider, without passing through the SELLER's servers, which shall therefore never have access to or store such data.  

       

      ART. 8 - PRICES

      • 8.1. All sales prices of the PRODUCTS indicated on the SITE are expressed in Euro and include value added tax (VAT) at the rate in force in Italy on the date the order is placed by the CUSTOMER. Any change in the applicable rate may affect the price of the PRODUCTS as from the date of entry into force of the change itself. For orders with shipment outside the Italian territory, the final price applicable to the sale may vary according to the country of destination in accordance with the laws in force regarding VAT. Before confirming the order, the CUSTOMER may view the final price applicable in relation to the country of destination.
      • 8.2. The SELLER reserves the right to modify, at any time, the sale prices indicated on the SITE. It is of course understood that the price applied to the CUSTOMER shall be the one indicated on the SITE on the date the order is placed by the CUSTOMER (and indicated in the confirmation email sent by the SELLER), without considering price increases or decreases, even for promotions, which may occur later.
      • 8.3. The sales prices indicated on the SITE do not include shipping costs which are to be borne by the CUSTOMER in addition to the price of the PRODUCTS purchased. Shipping costs are calculated according to the shipping method chosen by the CLIENT (Art. 4.4.). 

      ART. 9 - DELIVERY OF PRODUCTS

      • 9.1. The SELLER shall deliver the PRODUCTS to the CUSTOMER at the address indicated by the latter at the time of the order, as confirmed by the SELLER in the order confirmation e-mail as per Art. 5.1. It will not be possible to make deliveries to addresses located outside the European Union.
      • 9.2. The SELLER shall do his best to deliver the PRODUCTS within the term indicated in the order confirmation and in any case within 30 (thirty) days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by the SELLER.
      • 9.3. In case the SELLER fails to deliver the PRODUCTS within the term of 30 (thirty) days referred to in Art. 9.2, the CUSTOMER shall give written notice to the SELLER to deliver the PRODUCTS within a reasonable additional term. Failure to deliver within the above-mentioned additional term shall entitle the CLIENT to terminate the contract immediately, without prejudice to the right to compensation for damages. In the latter case, the SELLER shall reimburse the CUSTOMER, without undue delay, the sums paid by the latter in execution of the contract.
      • 9.4. The SELLER shall fulfil his delivery obligation when he transfers the material availability or in any case the control of the PRODUCTS to the CUSTOMER.
      • 9.5. The risk of loss or damage to the PRODUCTS, for reasons not attributable to the SELLER, is transferred to the CUSTOMER when the same (or a third party designated by the same other than the carrier) materially takes possession of the PRODUCTS.

       

      ART. 10 - RIGHT OF WITHDRAWAL. 

      • 10.1. In compliance with the provisions of Art. 52 of the Consumer Code, the CUSTOMER has the right to withdraw from the sales contract with the SELLER, without having to specify the reason, by giving written notice to the SELLER within 14 (fourteen) days from the day on which the CUSTOMER (or a third party other than the carrier designated by the CUSTOMER) received the PRODUCTS. In case of multiple purchases made by the CUSTOMER with only one order and delivered separately, the term of 14 (fourteen) days shall start from the date of receipt of the last PRODUCT.
      • 10.2. The term of 14 (fourteen) days referred to in the previous paragraph shall be considered respected if the CUSTOMER sends the communication concerning the exercise of the right of withdrawal to the SELLER before the expiry of the fourteenth day.
      • 10.3. Communication of the decision to withdraw from the contract may be made, at the CUSTOMER's choice:
        • by filling in the "Form Type of withdrawal" available hereor
        • by sending a registered letter with return receipt to ERRECOM S.p.A., Via Industriale, n. 14, 25030 - Corzano (BS), Italy with an explicit declaration of the decision to terminate the contract.
      • Since pursuant to Art. 54, paragraph 4 of the Consumer Code the burden of proof relating to the exercise of the right of withdrawal within 14 (fourteen) days lies with the CUSTOMER, the SELLER invites the CUSTOMER to keep a copy of the withdrawal notice.
      • 10.4. The exercise of the right of withdrawal by the CUSTOMER - within the terms and in the manner specified - shall result in the failure of the PARTIES to execute the sales contract (if the same has already been concluded) or to conclude the sales contract (if the withdrawal has occurred before the order confirmation by the SELLER).

       

      ART. 11 - EXCLUSION OF THE RIGHT OF WITHDRAWAL. 

      • 11.1. In accordance with art. 59 of the Consumer Code, the CUSTOMER may not exercise the right of withdrawal under Art. 10 in the case of PRODUCTS customized according to the specifications of the CUSTOMER or in the case of sealed PRODUCTS that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery. 

       

      ART. 12 - OBLIGATIONS OF THE CUSTOMER IN CASE OF WITHDRAWAL

      • 12.1. The CUSTOMER exercising the right of withdrawal is required to:
        • return the PRODUCTS to the SELLER (or to a third party authorized by the SELLER to receive the goods) without undue delay and in any case no later than 14 (fourteen) days from the date on which the SELLER is notified of his intention to withdraw from the contract. The term of 14 (fourteen) days shall be considered respected if the CLIENT returns the PRODUCTS before the expiry of the fourteenth day;
        • bear the direct cost of returning the PRODUCTS.
      • 12.2. The substantial integrity of the PRODUCTS to be returned is an essential condition for the exercise of the right of withdrawal. The PRODUCTS must therefore be returned in an intact state of preservation and with original labels - where present - not removed, in the same conditions of receipt, provided with the original packaging and all accompanying documentation. The packaging of the PRODUCTS to be returned must be accurate, in order to protect the original packaging from damage, affixing of writing and/or labels. 
      • 12.3. The CUSTOMER is responsible for any decrease in the value of the PRODUCTS resulting from handling them differently from that necessary to establish their nature, characteristics and operation.

       

      ART. 13 - OBLIGATIONS OF THE SELLER IN CASE OF WITHDRAWAL OF THE CUSTOMER

      • 13.1. In case of exercise of the right of withdrawal - within the terms and in the manner specified - the SELLER shall reimburse the CUSTOMER the amount paid by the latter, including delivery costs (with the exception of any additional costs resulting from the CUSTOMER's choice of a more expensive delivery method than the standard delivery method proposed by the SELLER), without undue delay and in any case within 14 (fourteen) days from the day on which the SELLER was informed of the CUSTOMER's withdrawal. 
      • 13.2. The SELLER shall proceed with the refund using the same means of payment used by the CUSTOMER for the initial transaction, without the SELLER being liable for any delay or omission in crediting the CUSTOMER. In any case the reimbursement with will entail no cost for the CUSTOMER.
      • 13.3. The SELLER reserves the right to withhold the refund until the PRODUCTS are returned or until the CUSTOMER has proved to have returned the PRODUCTS, whichever situation occurs first.

       

      ART. 14 - PROOF AND ARCHIVING

      • 14.1. Each contract with the CUSTOMER shall be filed by the SELLER at its own premises.
      • 14.2. The SELLER agrees to store this information in order to ensure the traceability of transactions and to produce a copy of the contract, at the CUSTOMER's request.
      • 14.3. In case of dispute, the SELLER shall have the opportunity to prove that his electronic tracking system is reliable and guarantees the integrity of the transaction. 

       

      ART. 15 - LEGAL GUARANTEE 

      • 15.1. The SELLER undertakes to deliver to the CUSTOMER PRODUCTS in compliance with the order confirmation.
      • 15.2. The SELLER shall be liable to the CUSTOMER for any lack of conformity that becomes apparent within 24 (twenty-four) months from the delivery of the PRODUCTS, even if at that date the defect was not immediately detectable.
      • 15.3 Unless proven otherwise, defects of conformity that become apparent within the first 12 (twelve) months from the date of delivery of the PRODUCT shall be presumed to have already existed on that date, unless such assumption is inconsistent with the nature of the PRODUCT or the nature of the conformity defect.
      • 15.4 CUSTOMER shall retain the receipt for the purchase of the PRODUCT as well as the documents confirming the shipment and delivery of the PRODUCT.
      • 15.5. In the event of a lack of conformity, CUSTOMER may request, at its option, SELLER to repair the PRODUCT or to replace it, without charge in either case, unless the remedy requested is objectively impossible or excessively burdensome compared to the other In this case, after CUSTOMER has made the return of the PRODUCT, SELLER shall replace or repair the PRODUCT within a reasonable period of time. The CUSTOMER shall forfeit the right of this legal warranty if he/she fails to make the return, at his/her direct expense, within a reasonable period, not exceeding 15 (fifteen) days from the date of the claim.
      • 15.6. In the event that (i ) replacement or repair of the PRODUCT is impossible or excessively burdensome, or (ii) SELLER has failed to repair or replace the PRODUCT within a reasonable period of time, or (iii) the repair or replacement previously carried out has caused significant inconvenience to CUSTOMER, CUSTOMER may request, at its option, a reasonable reduction in price or termination of the contract. In such case, the refund, in whole or in part, of the price paid will be made using the same payment instrument used by the CUSTOMER for the initial transaction, without the SELLER being liable for any delays or omissions in crediting the CUSTOMER. In any event, the refund will be at no cost to the CUSTOMER.

       

      ART. 16 - LIABILITY

      • 16.1. The SELLER does not assume any responsibility for possible inefficiencies due to force majeure or fortuitous circumstances, even if they are due to malfunctioning or inefficiencies of the internet network, in the event that the SELLER is not able to execute the order within the time provided for in the contract.
      • 16.2. It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, any liability for the information published on the SITE is excluded. Links to third party websites are provided for information purposes only and no guarantee is made as to their content.

       

      ART. 17 - PERSONAL DATA

      • 17.1. The SELLER undertakes to manage and process all the personal data provided by the CUSTOMER in compliance with the current information on the processing of personal data as per the separate information available at the following link.

       

      ART. 18 - COMPLAINTS - WARRANTY CLAIMS

      • 18.1. For any claim, including the exercise of the legal warranty pursuant to art. 15, the CUSTOMER shall contact the SELLER's e-Commerce Department through the appropriate form available here or by sending a registered letter with return receipt to the SELLER to the addresses in the epigraph indicating in detail the defects or non-conformities contested.

       

      ART. 19 - ACCESS TO THE SITE

      • 19.1. The CUSTOMER has the right to access the SITE to consult and make purchases. The integrity of the elements of this SITE, whether visual or audio, and the related technology used remain the SELLER's property and are protected by intellectual property rights. 

       

      ART. 20 - APPLICABLE LAW - JURISDICTION

      • 20.1. These GENERAL CONDITIONS are governed by Italian law.
      • 20.2. It is without prejudice to the application to CUSTOMERS who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities for the communication of the same and the legal guarantee of conformity.
      • 20.3. For any dispute related or in any case connected to the contracts to which these GENERAL CONDITIONS apply, the Court of the place of residence or domicile of the CUSTOMER shall have exclusive jurisdiction.
      • 20.4. Please also note that a European online consumer dispute resolution platform (ODR platform) has been established and can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the CUSTOMER will be able to consult the list of Alternative Dispute Resolution bodies for the extra-judicial resolution of disputes (so-called ADR bodies, as indicated in articles 141-bis et seq. Consumer Code), find the link to the website of each of them and start an online dispute resolution procedure in which you are involved.