1. SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
The "on-line" purchase contract refers to the distance contract, ie the legal transaction concerning movable goods and / or services stipulated between a supplier, in this case an intermediary for electronic sales, SMA SERVI SRL - VAT code 11108970010 for account of LOGIDEX SRL - VAT number 10689780012, and a consumer and / or customer within a distance selling system organized by the supplier who, for this contract, exclusively uses the remote communication technology called "internet". All contracts, therefore, will be concluded directly through access by the consumer and / or customer to the website corresponding to the address www.shop.logidex.it, where, following the indicated procedures, he will conclude the contract for the 'purchase of the good.
2. SALES PRICES AND PURCHASE METHODS
All sales prices of the products displayed and indicated on the website, for which they constitute a public offer pursuant to art. 1336 of the Civil Code, are inclusive of I.V.A. and any other tax. The customer will be charged a shipping fee, clearly displayed before the order is finalized.
The purchase contract is concluded through the exact compilation and the consent to the purchase expressed by the adhesion given "on line" or by signing the order form attached to the electronic catalog on the site. The customer can pay for the goods ordered through the payment services indicated online at the time of purchase.
3. EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY
SMA SERVIZI will arrange to deliver the selected and ordered products to customers, using the methods described in the previous article, by trusted couriers and / or shippers or, at the discretion of the company, directly by the company itself.
4. BUYER'S OBLIGATIONS
The consumer and / or customer undertakes and, once the "online" purchase procedure is completed, undertakes to print and keep the present general conditions, which, moreover, will have already viewed and accepted as a necessary passage in the 'purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition set out in articles 4, 5, 52 and 53 of the Decr. Legislative. No. 206/2005.
5. RESPONSIBILITY
The consumer and / or customer from the moment he receives the damaged goods or requests their return to the carrier has direct and exclusive action against the carrier itself. The latter is also responsible for the delay in delivering the goods to the recipient. SMA SERVIZI, in such cases, must be considered exempt from any liability for loss or damage (damage) of the goods from the moment in which the same is unreservedly delivered to the carrier for transport.
6 DATA FOR PAYMENTS
By filling in the appropriate space, present on the website of the banking payment system, the consumer and / or customer authorizes SMA SERVIZI to use their credit card, or other card issued instead of it, and to debit their current account in favor of SMA SERVIZI the total amount shown as the cost of the purchase made "on line". The whole procedure is done via a secure connection connected via Paypal secure circuit to the bank owner and manager of the "on line" payment service, to which SMA SERVIZI cannot access. If the consumer were to exercise the right of withdrawal, as set out in point 8 of these general conditions, the amount to be reimbursed will be credited to the same credit card.
7. RESPONSIBILITY
The consumer and / or customer from the moment he receives the damaged goods or requests their return to the carrier has direct and exclusive action against the carrier itself. The latter is also responsible for the delay in delivering the goods to the recipient. In such cases, Devalle Tobacconist's Shop must be considered exempt from any liability for loss or damage (damage) of the goods from the moment it is delivered without reservation to the carrier for transport.
8. RIGHT OF WITHDRAWAL
the rules on the right of withdrawal are contained in articles 64/67 of Legislative Decree no. 206/2005 and subsequent amendments (consumer code). The "consumer" who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 working days for the goods from the day of their receipt , for services from the day of the conclusion of the "on line" contract.To exercise this right the customer must send to SMA SERVIZI a communication to info@sma-servizi.it within 14 working days from the date of delivery of the goods.
Note: Customers who purchase with a VAT number cannot exercise the right of withdrawal
The right of withdrawal is subject to the following conditions:
1) The purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment);
2) To limit damage to the original packaging, we recommend, when possible, to insert it in a second box (avoid in all cases the attachment of labels or adhesive tapes directly on the original product packaging);
3) The shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
4) The transport costs for returning the goods are charged to the customer-consumer;
5) The costs incurred for the collection of cash payments will not be reimbursed to the customer-consumer;
6) The costs of handling the return incurred by SMA SERVIZI will be charged to the customer-consumer in the flat rate of € 10.00 per item returned and by number of deliveries.
Specialsnack srl is not responsible in any way for damage or theft / loss of goods returned with uninsured shipments. They will not be withdrawn under any circumstances parcels cash on delivery or carriage forward.
Return of Goods
The product must be returned to SMA SERVIZI within 14 days of receipt of the return authorization sent by email from SMA SERVIZI together with the authorization form received. Without prejudice to any repair costs for damage to the original packaging, SMA SERVIZI will reimburse the customer the full amount already paid for the product or by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN Code).
When the right of withdrawal expires
The right of withdrawal is lost for lack of the essential condition of integrity of the good (packaging and / or its content), in cases where SMA SERVIZI finds:
1) Use even partial of the good;
2) The lack of external packaging and / or original internal packaging;
3). The absence of integral elements of the product;
4). Damage to the product for reasons other than its transport
In the cases indicated above, SMA SERVIZI will return the purchased good to the sender, charging the shipping costs to the sender.
9. ASSIGNMENT AND TREATMENT OF PERSONAL DATA
Personal data is collected for the purpose of registering the customer and activating against him the procedures for the execution of this contract and the related necessary communications; these data are processed electronically in compliance with the laws in force and may be exhibited only upon request of the judicial authority or other authorized authority authorized by law. Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose.
The processing takes place, also with the aid of electronic means, in compliance with the procedures that the art. 11 of Legislative Decree 30 June 2003, n. 196 poses a guarantee for the user and, in general, protecting his rights, fundamental freedoms and dignity, with particular reference to privacy and personal identity.
Obtaining the cancellation of your personal data is subject to sending a written communication sent by email, fax or mail to the company headquarters.
10. JURISDICTION AND JURISDICTION
Any dispute regarding the application, execution, interpretation and violation of purchase contracts stipulated "on line" via the website is subject to Italian jurisdiction; Except for the cases provided for by art. 63 of Legislative Decree no. 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract will be the exclusive competence of the Court of Turin.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.