PURPOSE
The purpose of these Sales terms is to govern the sale of products by correspondence through the computer network on the website canadiens.it, which is the property of AESSE S.r.l., with registered office at Via Brodolini 5/7 Isola della Scala VR, VAT No.01761270238, CCIAA VERONA Nr. 195442 R.E.A. Products purchased from the website canadiens.it are sold directly by AESSE. These purchases are reserved for direct use customers, excluding any parties such as dealers, wholesalers, retailers, professionals, etc. who intend to resell the same products to third parties. AESSE reserves the right to modify these Sales terms at any time, notifying the Customer on the Website upon their first access following the modification of the Sales terms themselves. AESSE shall bear no contractual and/or non-contractual responsibilities for any direct or indirect damages to persons and/or property resulting from the refusal, even partial, of an order on behalf of AESSE itself.
SUBJECTS
Supplier: The company AESSE S.r.l., with registered office at Via Brodolini 5/7 Isola della Scala VR, VAT No.01761270238, CCIAA di VERONA Nr. 195442 R.E.A. (hereafter referred to as AESSE)
Customer: The subject identified by the data inserted upon the completion and submission of the electronic order form, with the simultaneous acceptance of these Sales terms (hereafter referred to as the Customer).
The Customer is strictly forbidden to utilize false and/or invented names both for the online ordering process, as well as for any additional communications. In the interest of consumers everywhere, AESSE reserves the right to pursue legal action against any violations or abuse. The Customer also hereby absolves AESSE of any responsibility deriving from the issuance of erroneous fiscal documents as a result of incorrect data provided by the customer, the customer him/herself being the sole party responsible for correct data insertion.
ONLINE SALES
The online sales contract is intended as a contract by correspondence and constitutes a legal transaction for the sale of goods (hereafter referred to as the Products) between AESSE and the Customer within the scope of a correspondence sales system organized by AESSE which, for the purpose of the same contract, utilizes the remote communication technology called the internet. These contracts, therefore, are concluded directly by means of the Customer accessing the website at canadiens.it, where, following the indicated procedures, he/she will conclude the contract for the purchase of the desired goods.
For each product a Technical Datasheet is available on the website, containing the main features and technical specifications of the product in question. It is understood that the image provided upon the Technical Datasheet describing the product may not perfectly represent its characteristics and could differ in color, size and/or visible accessories and may be changed at any time by AESSE with no obligation to provide advance notice.
The Product datasheets can, in fact, be consulted freely. As the product datasheets serve a purely illustrative purpose, the company shall bear no responsibility for any inaccuracies contained within them. In order to complete the Product purchasing procedure, the Customer is required to enter the required data in the appropriate form on the Website.
These data is subject to the provisions of Italian Legislative Decree no. 196, dated June 30th 2003, regarding the ‘protection of persons and other subjects in relation to the treatment of personal data’, as indicated in the Privacy policy section. The Customer can decide to register on the website, in these case he/she must also enter his/her personal code (password) and identification code (User-ID) (hereafter referred to as Identification Parameters). This data will be saved by the Company so that, once the first purchase has been made, the Customer can use the Identification Parameters selected at the time of registration to continue with the order. In addition, the registered Customer will no longer have to insert his/her data in order to complete any purchase orders after the first one.
The Identification Parameters are personal, may not be ceded to third parties, must be kept secret and, for security reasons, must not be kept together or noted upon any single document.
In the event that the Customer should forget the password and/or User-ID selected at the time of registration, he/she must perform the procedure indicated in the appropriate section of the Website in order to request new parameters for accessing the Website itself. The Customer can only purchase the Products offered on the Website, at the prices indicated therein, by following the procedure indicated on the Website itself. The correct receipt of the order is confirmed by the Company by means of an email reply, which is sent to the email address provided by the Customer. This confirmation message will include the date and the time of the order, as well as a ‘Customer Order Number’ which can be used for any subsequent communications with AESSE regarding the order itself. The message will include all of the data inserted by the Customer, who must verify the correctness of the data and communicate any eventual corrections to be made, in compliance with the methods indicated on the Website, in a timely fashion.
Prior to sending the order confirmation, the Company shall have the right to request additional information from the Customer via email with reference to the purchase order performed on the Website.
UNAVAILABILITY OF PRODUCTS
Any Products which are temporarily unavailable will be indicated on the Website. In the event that the ordered Products are found to be not in stock after the Customer has already confirmed his/her order on the Website, AESSE shall immediately (within 5 working days) notify the Customer by sending an email to the address indicated at the time of registration and shall immediately (within 5 working days) refund any payments already made for the order in question.
ACCEPTANCE OF THE SALES TERMS OF SALE
By submitting the confirmation of his/her purchase order, the Customer unconditionally accepts the Sales terms of Sale and Payment described within this document and is obliged to respect them in his/her dealings with AESSE. What’s more, by performing this action, the customer declares to have viewed and accepted all of the indications provided and recognizes the fact that AESSE itself shall not be bound by any other conditions unless preventively agreed upon in writing.
SALES PRICES
Save for any other written indications, all of the prices indicated are to be considered VAT included and expressed in either Euros. The validity of the indicated prices is always and exclusively that which is indicated in the procedure (product datasheet or order form) at the time in which the order is submitted to the supplier. The prices may vary without advance notice and the only correct price is to be considered that which is indicated by AESSE in the order confirmation.
PROMOTIONAL CODES
Promotional Codes are personalized codes, which allow you to take advantage of a discount on your purchase on canadiens.it
Restrictions to the use of Promotional Codes:
- The Promotional codes can be used only once
- The Promotional codes cannot under any circumstances be exchanged for money;
- You may not use more than one Promotional codes per order;
- The Promotional codes can be applied only to items with a higher value than the voucher itself;
METHOD OF PAYMENT
Payments for Products purchased by the Customer, as well as for the relative shipping charges, may be made with the following methods:
- Credit card
- Master card
- Visa
- Visa Electron
- American Express
- Aura
- Paypal
- Bank wire transfer with SOFORT: Secure transaction with TÜV certified system)
- Only your bank account needed, no further registration
- You just need your home banking access details (user, password, specific codes)
If purchasing Products with a Credit Card, once the online transaction has been completed, the reference bank will only authorize the allotment of the amount relative to the submitted order. The amount for the purchased products will only be effectively charged to the Customer’s credit card once AESSE has issued the order confirmation. If the Customer should decide to exercise his/her right to withdraw from the contract after the payment for products purchased online has been made, AESSE shall instruct the banking institution to credit the amount for reimbursement to the Customer’s credit card. The Customer must be the holder of the credit card and the credit card must be valid at the time in which the online purchase order is submitted. AESSE will have no knowledge of the Customer’s credit card information at any time during the purchasing process. The credit card information is transmitted, by means of a protected network connection, directly to the website of the banking institution which handles the transaction. This information is not stored in any AESSE database. AESSE may not be held responsible for any fraudulent or improper credit card use by third parties for the payment of Products purchased on the Website.
DELIVERY TERMS
The purchased products shall be delivered by AESSE to the address indicated by the Customer.
Each consignment contains:
- the product(s) ordered
- delivery document
- the relative invoice (only if expressly requested at the time of order, see following point 10).
AESSE ships Customer deliveries using selected express Couriers. Indicatively, without placing any restrictions upon AESSE and save for product availability and any eventual unforeseen circumstances, AESSE will deliver the merchandise to the courier within the two working days following the acceptance of the order on behalf of AESSE itself, unless holidays or other closing days of Aesse and/or the courier. Only orders comprised of goods which are entirely available shall be processed. Upon receiving the merchandise at the delivery address, the Customer is required to check the integrity of the parcels, as well as the correspondence of their contents with the quantities and qualities ordered. In the event of discrepancies and/or differences, the Customer must immediately make notice to the courier with precision and have them noted on the delivery note, in order to be able to exercise his/her relative rights. Otherwise the product/s is to be regularly delivered and any claims right is to be considered not applicable.
BILLING
Upon express request from the Customer, to be specified at order submission, AESSE will issue an invoice for the purchased material and send the same to the Customer by email in PDF format. The information provided by the Customer upon submitting his/her order shall be used to issue the invoice. The data indicated in the invoice may not be modified once the invoice has been issued.
IMPORTANT NOTICE: for EU customers, INVOICE is issued only if a valid VAT NUMBER is provided.
RESPONSIBILITY
AESSE shall bear no responsibility, save for cases of willful misconduct or negligence, for any direct, indirect or consequential damages suffered by the Customer or by third parties, which can not be foreseen at the time in which these Sales Terms are accepted, as a result of the services rendered and/or for damages of any kind or in any way associated with them, deriving from the failure to meet the contractual obligations, even in cases of damages claimed by third parties for any reason.
The Customer expressly recognizes that AESSE's responsibility for any breach of services indicated under the previous point is limited to, and shall never exceed, the amounts received by the same from the Customer in relation to the performance of the individual services for which they are responsible. Any additional damages, losses, costs or expenses are hereby expressly excluded. AESSE shall bear no responsibility for any shortcomings and/or damages which should befall the Customer due to causes which cannot be attributed to AESSE itself or, in any case, by delays due to malfunction, failed or improper transmission of information or as a result of causes which are beyond the company's control, including, without limitations, system delays or downtime, the interruption or lack of internet connectivity, the interruption, suspension or malfunction of internet access nodes, or the interruption, suspension or poor functionality of electronic, postal or electrical energy distribution services; by strikes or lockouts, even on behalf of its own staff, wherever they should occur; by impediments or obstacles caused by national or foreign legislation or acts; by judicial acts or provisions or third party factors; by other causes which can not be attributed to AESSE and, more generally, by any impediment or obstacle which cannot be surpassed with the ordinary criteria of diligence employed by AESSE in the course of its activities.
AESSE has the faculty to suspend and interrupt the service of connection to the Website at any time for technical reasons and for reasons linked to the efficiency and the security of the services offered, as well as to suspend its functionalities for cautionary motives without being held responsible for any consequences which may derive from such interruptions or suspensions.
AESSE shall not be held responsible for any eventual fraudulent and/or illicit third party use of the credit cards utilized by the Customer at the time of Product purchase. In fact, AESSE will have no knowledge of the Customer's credit card number throughout the purchasing process.
AESSE shall not be held responsible for any supply of services or the sale of products performed by third parties that are on canadiens.it through links, banners or other hypertext links.
WARRANTY FOR NON-COMPLIANT PRODUCTS
The products purchased on the website canadiens.it are subject to the provisions, where applicable, of Consumer Protection Distance Selling Regulations 2000 (DSRs), regarding sales contracts and warranties for consumer goods and, for issues not addressed therein, the Italian Civil Code. This warranty shall apply to any product presenting non-conformities and/or malfunctions which could not be detected at the time of purchase, as long as the product itself is utilized properly and with due diligence, or rather in compliance with its intended use, with that which is indicated in the relative technical documentation and with respect for the operating standards indicated therein. The warranty described above shall not, on the other hand, be applicable in cases of negligence or in cases of improper product use and maintenance. The warranty is personal and is reserved exclusively to direct customers. It shall therefore only be recognized in relation to the original buyer and not in relation to dealers, resellers, etc. Any eventual product non-conformities must be communicated within the terms prescribed by law, as per Returns procedure described at RETURNS AND REFUNDS section, under the heading “Warranty”. The product, though non-compliant, must be returned to AESSE for repair or replacement in its original packaging and along with all of the accessories and documentation received by the Customer at the time of delivery. The return shipment of the product without its original packaging, accessories and documentation will impede AESSE from obtaining a replacement product from the manufacturer, thereby likewise preventing its replacement for the Customer. AESSE reserves the right to verify the non-conformity of the product returned by the Customer and to repair or replace the product after this inspection alone. If, following inspection on behalf of AESSE, the fault should not result as a conformity defect, the Company reserves the right to charge the Customer for the costs associated with the inspection and restoration of the product, as well as the relative shipping costs.
RIGHT OF REVOCATION
All purchases made on the website canadiens.it are governed by the Italian laws regarding sales by correspondence. In the event that the Customer should have erroneously ordered an item which he/she does not desire, he/she has 14 (ten) days from the date of delivery to exercise his/her right to withdrawal, or rather the possibility to return the product. According to Consumer Protection Distance Selling Regulations 2000 (DSRs), if the Customer is a Consumer, or rather a physical person that purchases goods for reasons unrelated to his/her profession, he/she has the right to withdraw from the purchase contract for any reason and therefore has the right to return the purchased product and obtain a reimbursement for the charges sustained in accordance with the following methods. The right to withdrawal is subject to the following conditions:
- the right applies to the product in its entirety and not to its individual parts or components;
- In order to exercise the right to withdrawal, the Customer, without being required to provide explanations and/or suffer penalties of any sort, must follow the Returns Procedure as described at the RETURNS AND REFUNDS section.
The merchandise must be returned integral and properly sealed within its original packaging, complete with all of its accessories. By law, the Customer is required to sustain any shipping charges associated with the return of the merchandise. In the case of various items associated with a single order, for which the Customer has exercised his/her right to withdrawal, the same must be sent to AESSE within a single shipment. AESSE shall bear no responsibility whatsoever for damage, theft or loss of merchandise returned by means of uninsured shipments.
AESSE shall refund the price of the merchandise for which the Customer has exercised his/her right to withdrawal, less the amount for the shipping charges sustained by the Customer at the time of the order. Save for any additional repair costs, AESSE shall reimburse the relative amount, within 30 days from receiving the returned merchandise according to the methods described above, by crediting the reimbursement amount to the Customer’s credit card.
The right to withdrawal shall be automatically nullified in any of the following cases:
- lack of original packaging;
- the absence of any of the elements shipped along with the merchandise (accessories, tags, labels, notes, etc.);
- damage to the product not resulting from its transport;
- use of the product.
In the event that the right to withdrawal should be nullified, AESSE shall return the purchased merchandise to the Customer, charging him/her for the shipping costs.
AESSE shall only bear the shipping costs for merchandise returned due to damage during transport or due to errors on behalf of AESSE itself.
AESSE will only credit the Customer's credit card with the entire amount paid for shipping charges in cases of this typology. AESSE shall send an express courier to collect the merchandise at the address indicated by the Customer.
In the event that the Customer should wish to exchange a product for a different size, the Customer will be required to sustain any shipping costs associated with the return of the original merchandise. After having verified the availability of the merchandise requested for the exchange, AESSE will ship the merchandise in the indicated sizes at no additional charge to the Customer.
In the case of purchases destined outside of the EEC, the Customer shall be expected to pay any customs duty charges for the release of the Merchandise. Therefore, AESSE will not accept any goods which are left in Customs as returned merchandise.
COMMUNICATIONS
The Customer hereby recognizes and accepts that all of the communications, notifications, certificates, information and statements, as well as any other documentation regarding the operations carried out in reference to the purchase of the Products, shall be sent to the email address indicated at the time of registration with the possibility of downloading the information to fixed supports in the methods and within the limits offered by the Website itself.
ORDER CANCELLATION ON BEHALF OF AESSE
AESSE reserves the right to cancel an order or an individual item from an order in the event that any of the following circumstances should arise:
- out of stock items;
- items which, due to certain problems, cannot be delivered;
- credit card fraud.
LEGAL JURISDICTION
This contract is governed by Italian law. For any disputes concerning the validity, interpretation or execution of this contract, the Verona law courts shall have jurisdiction over the matter.