These General Conditions of Sale (hereinafter the “General Conditions”) govern the sale of products marketed by Colmac di Stefano Colizzi P.Iva 05009330753 (hereinafter the “Colmac”) using exclusively remote communication technology (via internet, telephone, fax). All contracts for the purchase of products concluded via the site “www.colmac-italia.com” following the procedures indicated therein (on-line or via telephone), between Colmac and the purchasers (hereinafter “Clients”), will be regulated by these General Conditions, which form an integral and substantial part of the same.
How to conclude the contract
The information contained on the site www.colmac-italia.com should not be considered an offer: they are simply an invitation to offer. The purchase proposal (hereinafter “Order”) is formulated by the Customer at the moment of sending the form containing the characteristics of the goods requested, the price, the chosen payment method and the delivery terms (order form). Once the order form has been definitively sent, a page summarizing the Order is displayed and an e-mail is sent confirming receipt of the Order containing all the information necessary to complete the purchase. All Orders are subject to acceptance by Colmac, which reserves the right, at its own unquestionable discretion, to cancel any Order: in the case of material errors made by the Client in the Order or in the information sent by the Client via the site www.colmac-italia.com; in the case in which the Client does not comply with the General Conditions of Sale listed in this document; or the particular conditions indicated on the site www.colmac-italia.com in the section dedicated to information on how to purchase.
Prices and payment conditions
The sales prices of the Products, which do not constitute an offer to the public pursuant to art. 1336 of the Civil Code, the shipping costs and the payments will be those chosen by the customer on the site www.colmac-italia.com at the time the Order is sent. The client must immediately notify Colmac of any errors or omissions of any kind in the payment conditions and prices, contained in the summary page of the Order and/or in the Order confirmation e-mail. If a different price is affixed to a product received by the client than that presented on the site at the moment of sending the Order, this price will have no validity and, if it is lower than the price paid by the client, it cannot be used by the latter to claim any form of reimbursement or compensation. Colmac reserves the right to change the prices published on this site at any time. The prices of the products published from time to time cancel and substitute the previous ones and are subject to the effective availability of the products. In particular, in the case of products with the wording “promotion with limited availability” or “limited promotion”, the sales price published is subject to variations in relation to the actual availability of the products offered at a reduced price by the suppliers and the expiry date of the promotions. In no case can Colmac be held responsible for variations in the price and/or availability of the products published on the site or for an intervening impossibility to supply the same at the published prices. Colmac also reserves the right to change the terms of payment at any time when, in its opinion, the Customer’s financial condition, previous payment records or the nature of its relationship with Colmac, would suggest such changes.
The Client undertakes to pay the price of the Products ordered by means of one of the following methods of payment: Credit card on-line payment at the same time as confirmation of the Order. In this case for the payment service Colmac will use the PayPal service of PayPal Europe S.à r.l. & Cie (hereinafter “payment service”). In the case of cancellation of the Order by the Client or in the case of non-acceptance of the contract by Colmac, Colmac will request the cancellation of the transaction and the reversal of any amount already debited. The time required to release the initial commitment of the amount of the Order depends exclusively on the payment service chosen by the Client. Once the transaction has been cancelled, Colmac cannot in any case be held responsible for any damages due to the technical times necessary for the payment service to restore the availability of currency on the credit card. At no time during the credit card purchase procedure is Colmac able to know any personal information relative to the credit card holder, as the information is transmitted directly to the protected site of the payment service that manages the transaction. For this reason Colmac cannot be held responsible for any fraudulent use of credit cards by third parties when paying for products purchased on its site.
The Products are delivered in the terms and with the modalities specified in the site www.colmac-italia.com as determined by the Customer at the moment of sending the Order. The transport costs, if requested at the time of sending the Order, are at the expense of the Client, and may vary on the basis of the delivery service chosen for the Order, where this possibility is foreseen, with the exception of any free shipping which will be applied by Colmac for promotional purposes. The transport costs are indicated on the summary page of the Order only in the case of deliveries within Italy. In the event that the Purchase Order foresees the transport of the goods outside of Italy, the shipping costs will vary according to the geographical area of delivery, the weight, the volume and the overall value of the goods. The delivery terms indicated in the terms of transport of the site www.colmac-italia.com are not binding either for Italy or abroad. They simply indicate the period of time that is presumed to be normally necessary to deliver the goods from the time of delivery to the courier in charge. All deliveries are made at street level without telephone notice. If at the time of delivery, the packages delivered by the courier appear visibly damaged or altered (for example, by affixing anonymous adhesive tape or bearing the name of the courier), the customer must affix on all copies of the delivery note the words “Acceptance with reserve” specifying the reason for the reserve. If additional charges are incurred by the Seller due to the fact that the Customer does not allow delivery in the standard manner and within the standard times foreseen at the moment of sending the Order, for example, by requesting extensions of time for delivery, changes of destination or refusing to pay the cash on delivery, Colmac has the right to cancel the delivery and to claim back from the Customer the greater costs sustained.
Right of ownership and transfer of risk of loss of goods
The right of ownership of the Products passes to the Customer after full payment for the Products or their delivery, whichever occurs last. The risks of breakage and/or deterioration of the Products shall pass to the Customer upon delivery of the goods to the carrier.
Under Article 3 of Legislative Decree 185/99 on the protection of consumers in respect of distance contracts, the customer, who for whatever reason is not satisfied with the purchase made, has the right to terminate the contract of sale, without penalty and without specifying the reason, within 14 working days from the date of receipt of the products. Withdrawal must be exercised by sending, within the aforementioned term, a written communication via PEC firstname.lastname@example.org which expresses the desire to withdraw from the contract concluded. Such communication must be addressed to Colmac di Stefano Colizzi, operational headquarters and offices at Via Circonvallazione 32, 73040 Aradeo (LE), Italy. Following this communication, the consumer will receive an email confirming the withdrawal exercised in this way with which will be indicated the instructions to proceed with the return of the product, to be transmitted no later than the next 14 days The risks and direct costs of returning the products will be borne by the consumer, unless the product is not being returned because it has been damaged, in which case the costs will be borne by Colmac and without prejudice to any subsequent verification regarding the causes of the damage suffered by the product. If the returned goods are damaged (for example, with signs of wear and tear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels, tags and any other element attached and unaltered to the product), not accompanied by the instructions/notes/manuals attached, the original packaging and the warranty certificate, if present, Colmac reserves the right not to proceed with the reimbursement. Colmac will be obliged to refuse returns communicated or returned late, or returns of products which are not in the same condition in which they were received. If the right of withdrawal has been exercised in accordance with these instructions, Colmac will reimburse, free of charge, the sums paid by the Customer for the purchase of the goods (with the exclusion of the costs relating to the return of the goods, which remain the responsibility of the Customer and the cases specified below), within a period of 14 days. The right of withdrawal is exercisable only by customers who purchase without requesting the issuance of an invoice indicating the VAT number and for whom, therefore, the use of the goods is not part of their professional activity, as the law applies only to non-professional users.
Acceptance and Returns
The products will be deemed accepted by the customer at the time of delivery. Without prejudice to the case in which the Client exercises the right of withdrawal as per article 7 above, such acceptance is presumed until the Client informs Colmac, as soon as possible and in any case no later than 14 working days from the day of receipt of the Products, that the Products have been delivered in an inoperable condition or are in any case defective. Following this last communication, Colmac will, at its discretion, replace the defective products or reimburse the amount paid by the Client for their purchase.
The invoice is issued only upon explicit request of the customer, at the moment of the order confirmation, with the indication of his fiscal code or VAT number. To the Vat purposes, in fact, the operations of electronic commerce of material goods are not subject to the obligation of emission of the invoice (if not demanded just from the customer to the moment of effettuazione of the purchase), as previewed from the article 22 of the d.P.R. n. 633 of 1972, neither to the obligation of certification through emission of the receipt or the fiscal receipt to the senses of the article 2, letter oo), of the d.P.R. 21 December 1996, n. 696.
Obligations of the Customer
The customer agrees, once the purchase procedure provided by the site www.colmac-italia.com, to print and keep these general conditions, and the information contained in the site www.colmac-italia.com relating to the mode of purchase, pursuant to and for the purposes of art. 3 and 4 of Legislative Decree no. 185/99. At the time of delivery of the goods if the packages delivered by the courier appear visibly damaged or altered (for example, by affixing anonymous adhesive tape or bearing the name of the courier) the customer must affix on all copies of the delivery note the words “Acceptance with reserve” specifying the reason for the reserve. Underage persons are prohibited from placing Orders. Colmac reserves the right to prosecute any violation or abuse.
Protection of personal data
Pursuant to Law Decree no. 196/03 containing provisions for the protection of persons and other subjects with respect to the processing of personal data, the Customer is informed that the personal data provided with the Order may be processed, in compliance with the aforementioned law, exclusively in the execution of the obligations deriving from the purchase order of the good/service. The consent to the processing of data provided by the customer for purposes related to the execution of the purchase is mandatory and is therefore conferred automatically with the Order.
Jurisdiction and applicable law
Any dispute relating to the application, execution, interpretation and breach of purchase contracts entered into “on line” through the website www.colmac-italia.com is subject to Italian jurisdiction. These general conditions are governed by Italian law and refer, for all that is not expressly provided therein, to Legislative Decree no. 50/92 and Legislative Decree no. 185/99.
Any dispute that may arise in relation to contracts governed by these Terms and Conditions or that was in any way connected to them, will be referred to the Court of Lecce.
Alternative Dispute Resolution
Information note regarding the ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR) tools. As of January 9, 2016, the provisions introduced by Legislative Decree no. 130 of August 6, 2015, and EU Regulation no. 524/2013, regarding Alternative Dispute Resolution and Online Dispute Resolution became applicable. The purpose of this legislation is to encourage the amicable resolution of disputes between professionals and consumers through alternative methods, such as, precisely, Alternative Dispute Resolution (so-called ADR) and Online Dispute Resolution (so-called ODR). To this end, a European platform of Online Dispute Resolution (ODR platform) has been created and can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform consumers will be able to know the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure relating to a contract concluded online in which they are involved. At the moment, Colmac di Stefano Colizzi does not make use of any ADR body as per articles 141-bis and following of the Consumer Code. In any case, whatever the outcome of the procedure for the out-of-court settlement of the dispute, your rights to appeal to the ordinary judge, and, if the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code. Important note: The present revision of the General Conditions, that is to say the one in force at the time the Customer signs his order, will regulate such order; the Customer is therefore requested to print and keep a copy of these Conditions for future reference. (Rev. 18 November 2009) Pursuant to and for the purposes of Articles. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and accept the General Conditions of Sale listed above.