TERMS & CONDITIONS
1.1 The following Terms and Conditions govern the sale of products listed on the website www.agofstore.com (hereinafter also referred to as the "Website" or, simply, the "Site").
1.2 The website owner is AGOF Store di Paini Pierangelo (hereinafter the "Seller"), VAT No. IT00944270149, Sondrio - 23100 (ITALY), at P.le Giovanni Bertacchi 70, Tel. +39 0342 017507 - Fax. +39 0342 215398 e-mail: email@example.com
1.3 By using the Website and/or making any purchase, you automatically agree to these Terms and Conditions for Product Sales. We therefore invite you to carefully read these Terms and Conditions before making any purchase.
1.4 Please also note that the General Conditions for Product Sales are subject to change. We therefore ask that you review them and save or print a copy before making any purchase. Any amendments are binding with effect from their publication in the network and are not applicable to contracts concluded prior to their publication.
2.1 In these General Conditions for Product Sales:
a) "Customer" means the person who buys the products from www.agofstore.com;
b) "Consumer Code" refers to Legislative Decree. No. 206/2005, as amended by Legislative Decree no. 21/2014, which regulates the consumer rights set forth and implemented the Directive 2011/83/EU amending Directive 93/13/EEC and Directive 1999/44/EC and as amended by Italian Legislative Decree. n. 130/2015 implementing European Directive 2013/11/EU.
c) "Sales Terms and Conditions" means the terms governing the sale and purchase of products via the website www.agofstore.com;
d) "Consumer" has the meaning given in Article. 3, letter a) of the Consumer Code "an individual who is acting for purposes unrelated to one’s business or profession";
e) "Contract" means the contract concluded by the Seller and the Customer concerning the products on the website www.agofstore.com;
f) "Legal Guarantee of Conformity" refers to the guarantee set forth in Articles 128-135 of the Consumer Code, applicable exclusively to Consumers.
g) "Order" refers to the customer's request addressed to the Seller for the purchase of the product presented on the website www.agofstore.com
h) "Product or Products" refers to all products sold from time to time over the website www.agofstore.com;
i) "Purchase Proposal" means the written forms used by the client to inform the seller of his/her intention to buy the product on the Website www.agofstore.com;
j) "Website" means the website www.agofstore.com;
k) "Seller" means AGOF Store
3. CONCLUSION OF THE CONTRACT
3.1 The contract between the Seller and the Customer shall be considered to be executed and effective only upon the Seller’s acceptance of the purchase proposal (or order "Pending"), and the Seller reserves the right, at his sole discretion, to accept or reject the order according to the availability of the product in the Proposal in accordance with the conditions established therein.
Acceptance of the Order consists of changing its status from "Pending" to "Payment processed".
The Seller will promptly inform the Customer if the proposal is rejected and the reasons for rejection, by sending an e-mail to the address indicated or by making a telephone call, explaining the reasons behind his decision.
3.2 The customer, by placing the order, automatically declares to have read all the information provided during the purchase procedure and accepts the General Terms and Conditions for Sale and payment referred to hereinafter (even though orders might have been placed by telephone or e-mail).
3.3 If the customer is a consumer (i.e. a person who buys goods for purposes not related to his profession), then upon the conclusion of the online purchase procedure he/she will print or save an electronic copy (and in any case keep) these Sale Conditions in accordance with the provisions of Articles 49-51 of Legislative Decree. n. 206/05 on distance selling.
3.4 The Seller shall not be liable for delivery errors caused by erroneous or incomplete information given by the customer in completing the purchase order. The Seller will also not be responsible for any damages that may occur to the products after delivery to the carrier for transport as well as for delay in delivery due to the latter.
4. PURCHASING PROCEDURE
4.1 The Customer can purchase only the Products available on the Site at the time of the Order and viewed at www.agofstore.com, and as described in the related information sheets. The technical information available on the site shall faithfully reproduce the information provided by the producers in their catalogues or websites that are accessible by the public. The Seller reserves the right to update the technical information for the products, without prior notice, so that it matches the information provided by the product manufacturers. It is understood that the picture accompanying the description of a product may not be representative of its features; the product ordered may differ in colour, size, accessories, etc.… from the picture.
The Seller therefore shall not be responsible for any errors in technical information, description or photographs, whether due to error on the site or in the printed catalogue provided by the manufacturer.
If the customer is interested in certain characteristics of a product, then before placing his/her order the customer shall be responsible for and contact the product manufacturer to ensure that the selected product has the required characteristics.
4.2 The Seller will confirm correct receipt of the Purchase Proposal through a reply sent by e-mail to the email address provided by the Customer at the time of his/her registration. This confirmation message will include:
a) All data entered by the customer (name, address, e-mail etc.)
b) Date and time of receipt of the Purchase Proposal
c) A description of the product (features, colour, size, price etc.)
d) An "Order Number" to be used in any further communication with the Seller
4.3 The customer is then required to verify that the Order is correct and promptly communicate any inaccuracies by writing to firstname.lastname@example.org.
4.4 The Customer can check the order status by logging in to the Members Area, under the heading “Your Account”.
4.5 The customer can make changes to or cancel his/her order at any time before it is processed or when the Order is still in “Pending” status.
If an Order is at an advanced stage of the process, namely "In process", it can be cancelled only if the option is available in the Customer's order detail page. In this case the Seller will retain 10% of the price of the Order to cover administrative, logistical and operating costs.
An Order cannot be cancelled or modified for any reason if it is in any other status, without prejudice to the Consumer’s right to withdrawal referred to paragraph 8 below.
4.6 Orders for a personalized or made to order product cannot be cancelled.
4.7 On receipt of a Purchase Proposal, the Seller will proceed to verify its acceptance as set forth in point 4 above. In the event of rejection of the Purchase Order, the Seller shall promptly notify the customer.
4.8 All prices shown on the Site shall be understood as prices to the public and include VAT, except when the country of Product destination is outside the EU.
4.9 The simultaneous access of many users-clients and the possibility of making many simultaneous “on line” Orders may change the availability of the Products and/or their price. Therefore, if a change is required at the time of the Purchase Proposal, the Seller will proceed to send an e-mail to the Customer informing the customer of all variations changes and/or changes in the product, thereby converting it into a new Purchase Proposal.
If the Customer does not wish to accept the new Purchase Proposal with the necessary changes made, the Purchase Proposal previously presented by the Customer will be cancelled with no damages or compensation required.
4.10 Seller shall issue an invoice for every order placed on www.agofstore.com, containing the information provided by the Customer in the Customer Order. No changes will be made to the invoice after it has been issued.
5.1 The Seller reserves the right to change the prices of products on the Site at any time. The price of a product cannot be changed after the price has been agreed, and the Order has been accepted, except for error in same.
5.2 Payment of the products, services and postage shall be by credit card (VISA, MasterCard, Maestro, American Express, Diners Club), PayPay, bank transfer.
5.3 In the event of payment by credit card or PayPal, the debit to the bank account of the Client will automatically be paid at the time of the Purchase Proposal, and the Order will be considered effective only upon approval by the bank centres.
5.4 If payment by Sofort Banking has been selected, the customer will be automatically directed to the Sofort Banking website.
Paying with Sofort Banking also speeds up the order, which can be processed immediately.
5.5 In cases of advance payment by bank transfer, the order shall be sent or delivered to the Customer only after accrediting to the Seller payment of the amount due. The transfer shall be authorized by the Client within 7 calendar days from acceptance of the Order; if payment is not made within this period, then the Order will be automatically considered as cancelled. The proof of the bank transfer must include the Order number indicated in the order confirmation e-mail, which provides the banking information required to make the transfer.
6. PRODUCT DELIVERY
6.1. Place and form of delivery
6.1.2 The Seller shall deliver the Products in Italian territory and abroad.
6.1.3 The Products purchased shall be delivered to the address specified by the Customer in the order Form or as specified as the delivery point, at the option of the customer in the order itself. Stoves, fireplaces and especially heavy or bulky products may require an additional payment, if the courier so requires; and the customer will be notified of same in advance, for his/her acceptance. An extra fee may be required by the courier for deliveries to especially difficult areas (smaller islands, narrow, dirt or difficult to travel roads).
6.2. Delivery to the address specified by the customer in the order form
6.2.1 The Seller will notify the customer, by e-mail, of the date of delivery to the courier.
6.2.2 The products ordered will be sent to the address specified by the customer in the order form. The delivery shall be at the curbside. Installation of the products sold is not included.
6.2.3 If the customer is absent the day, time and place agreed for delivery (and in case of failure to reach by phone or email the customer once the products have been shipped), the articles will be deposited in the warehouse of the local courier and considered as unclaimed. A second attempt at delivery may be provided by the courier, depending on its form of service and as established at the time of the order, without considering the merchandise unclaimed. Notwithstanding the above, agofstore.com customer service will be informed of the delivery attempt and its unclaimed status, and immediately contact the customer to arrange a new delivery date and time.
In the event that the customer assistance cannot contact the client to reschedule delivery or if the customer does not respond to attempts to contact by customer assistance, the articles will be returned to the Seller and the Customer will be notified of such circumstance by e-mail.
The Customer acknowledges that the contract will be terminated and the purchase order cancelled fifteen (15) days after the return of the article to the Seller, in accordance with Article 1456 of the Italian Civil Code. Upon termination of the agreement, the Seller will refund the amount paid by the customer, less the cost of unsuccessful attempts to deliver the product and the costs of returning the Product to the Seller, storage costs for the Product, administration and handling expenses in an amount equal to 10% of the amount of the order. The customer will be informed of the termination of this Agreement and the amount of the refund by e-mail. The refund will be credited in the same form as the payment solution selected by the Client for the purchase, after verifying the integrity of the Product.
6.2.4 Please note that the costs of storage depend on the courier. These costs are counted from the day following the non-delivery or after fifteen (15) days of availability of products, in the case of delivery at our warehouse.
6.2.5 In the event that the customer once again requests delivery of the articles before the expiration of the period of (15) days, then the Seller will proceed with the new delivery, subject to payment of shipping costs plus the cost of returning the Product to the Seller.
6.2.6 The Seller shall not be liable for errors in delivery due to inaccurate or incomplete information provided by the Customer, in the purchase order. The Seller will also not be responsible for any damages that may occur to products after delivery to the courier for transportation of same, and for delays in delivery due to the latter.
6.3 Delivery Terms
6.3.1 The deadline for delivery is thirty (30) business days from the day following the date that the order passes to the stage of "Payment processed", unless otherwise specified in the confirmation sent to the Customer Order and in the Product tab. In this case, the seller will provide the customer with a different delivery date.
6.3.2 It should be noted that some products may already have delivery times that extend beyond thirty (30) business days. In this case the Seller shall promptly notify the Customer of same.
6.3.3 In any event if the deadline cannot be met due to reasons that are not the fault of the Seller but rather to availability from the supplier and the manufacturer, then the Seller will notify the customer of same, in writing; and the customer will have the power to:
1) Cancel the order and be refunded for the amount already paid;
2) Exchange the Product;
3) Wait for the extended period of time referred to in paragraph 6.3.1.
6.3.4 If the customer requests the cancellation of the Order in accordance with paragraph 6.3.3 letter. 1), the refund will be made as soon as possible and in any event within 14 days from receipt of the request for refund, and credited to the payment method used to make the purchase involved.
7. TRANSFER OF TRANSPORTATION RISKS AND DAMAGES
7.1 The Seller is released, and therefore not held responsible for the loss or damage to the products covered by the Order, when delivered the same belt. Prejudice to the rights of the consumer against the carrier in case of loss or damage to the product may be attributed to the latter. During the withdrawal period mentioned in Clause 8, the customer is responsible for the object as guardian. In case of damage or destruction of the product during the custody of the customer, the latter will be called to account.
7.2 The customer will check the articles upon delivery and verify:
a) that the number of packages delivered corresponds to that indicated in the packing slip.
b) that the packaging is intact (not wet, torn, folded or otherwise).
7.3 The operator making delivery shall immediately be notified, in writing, of any exterior damage or difference in the number of packages; this notice will include words "subject to control for... (Specify reason)” on the appropriate accompanying document that the courier will ask you to sign.
For example, the customer will be able to write: "Subject to control for damaged packaging “or "subject to control for non-delivery of a package."
7.4 If the customer accepts the product and signs the delivery document without adding any reserves that may be necessary, referred to paragraph 7.3 above, then he/she may not later claim for any losses or damages due to transportation.
7.5 Complaints reported will be confirmed within seven (7) business days sending an e-mail at email@example.com.
Upon receipt of the e-mail from the customer, the seller will ask the courier to open a claim for damage in transport.
7.6 Upon confirmation of the presence of a transport damage (in the sole judgment of the courier), the Seller will arrange for repair of the Product, order a replacement product or refund the purchase price.
7.7 Any notification received after the deadline will not be taken into account.
The customer assumes full responsibility for each and all of the statements made.
8. RIGHT OF WITHDRAWAL
8.1 The Consumer (C.F. Article. 2.1 letter d) who has purchased products through the Website has the right to terminate the Agreement with the Seller free of any penalty and without giving any reason except as described in paragraph 8.3 and 8.4, within fourteen (14) days from the date of receipt of the Product, by sending a registered mail or FAX or e-mail to firstname.lastname@example.org. The date indicated on the packing slip is full proof of receipt.
8.2 To exercise the right of withdrawal, the Consumer shall:
i) sending a registered mail or FAX or e-mail to email@example.com
ii) Fill out the request for withdrawal. Upon receipt of the notice of withdrawal, the Seller will arrange to send an e-mail to the customer with instructions for return of the merchandise, attaching the appropriate label to be affixed on the packaging. It is therefore recommended that the customer keep a careful control of his or her email inbox after completing the withdrawal form, (as well as possibly "spam" or "Junk mail" folders). In the event that no response is received by email after 24 hours, repeat the procedure or call +39 0342 017507.
iii) Send the Product purchased, using the courier of your choice and at your own expense, within ten (10) days from the date of the notice of withdrawal, suitably protected and packed in its original packaging together with all accessories. Pursuant to art. 57, paragraph II, the Consumer Code, the Consumer is responsible for the diminished value of the property resulting from the handling of the same other than that required by the nature, characteristics and functioning of the goods.
8.3 The exercise of the right of withdrawal is subject to the following mandatory conditions and, in particular, the Product must be returned:
a) Without obvious signs of use that would diminish the value and prevent its resale: used products, which indicate signs of use other than that required by their nature and characteristics or damage or dirt, will not be accepted.
b) Properly packed in the original packaging, in perfect condition for resale (not damaged or soiled) and with all accessories, if any, instructions for use and documentation. To limit damage to the original packaging, it is recommended that this be placed inside another box, when possible, without affixing the original tapes that are not transparent.
c) Providing the invoice in order to allow the Seller to identify the customer (order number, name and address).
The right of withdrawal cannot be exercised if these conditions are not complied with.
8.4 It is also agreed that:
i) The right of withdrawal can be exercised only for the entire Product purchased; it cannot apply to only part of the Product purchased (E.g.: accessories, software, attachments, etc...).
ii) The customer will be responsible for and pay the seller for any damages to the product during shipment to the Seller, up to issuance of the certificate of receipt by the seller’s warehouse. Therefore, the Seller shall inform the customer of any damage to the goods being returned during transport (within 5 working days from receipt of the goods), so that it can file a timely complaint against the courier of his choice and to obtain reimbursement of the value of the property (if insured).
8.5 Pursuant to Article. 57, first paragraph of the Consumer Code, The Seller shall reimburse amounts paid by the customer (except for the supplementary costs arising if Customer chooses a type of delivery other than the least expensive type of delivery offered by Agof Store). That refund shall be as soon as possible and only after receiving the product and after checking that it complies with the terms and procedures for exercising the right of withdrawal as well as the substantial integrity of the product and packaging as specified in Section 8.3, and without prejudice to any repair costs for damage caused to the product (30% of the product value, as this will have to be sold as "reconditioned"), and in any case within fourteen (14) days from the date that the Seller becomes aware of the exercise of right of withdrawal. The customer will be notified of the refund amount by e-mail and said amount will be credited by the same means or payment method used for the purchase.
8.6 Pursuant to Article. 59, first paragraph, letters c), d) and e), of the Consumer Code, the right of return is not applicable when the sale is for personalized products which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
9. LEGAL WARRANTY OF PRODUCT CONFORMITY
9.1 Every Product sold on this Site to a purchaser is guaranteed under the terms Article 128 and following of Legislative Decree. No. 206/2005. Therefore, the seller is liable to the consumer for any lack of conformity which may exist at the time of delivery of the product that becomes apparent within two (2) years from the date of effective delivery. The lack of conformity must be reported to Seller, under penalty of forfeiture of the warranty, within two (2) months from the date that it is discovered.
9.2 The product purchased lacks conformity when it:
(i) Is not suitable for the purposes for which goods of the same type are normally used;
(ii) Does not comply with the description given by the seller and possess the qualities of the articles presented by the seller to the consumer as a sample or model;
(iii) Does not have the quality and offer the performance normally found in articles of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or on the labels;
(iv) Is not suitable for the specific use for which the consumer requires them and which was made known to the seller at the time the contract was signed and which the seller has accepted, also implicitly.
9.3 Unless proven otherwise, it is assumed that any lack of conformity which becomes apparent within six (6) months from the date of delivery already existed as of that date, unless this assumption is incompatible with the nature of the product or the nature of the defect. Beginning the seventh month following the delivery date, the Customer will be responsible for proving that the lack of conformity existed at the time of delivery of the same.
9.4 Any products that have been repaired, changed or altered in any way by the Customer shall likewise be excluded from the legal guarantee of conformity.
9.5 In the event that any defect is duly reported under the terms referred to in paragraph 9.2 above, the consumer has the right:
a) firstly: to the repair or replacement of the Product free of charge, at his/her option, unless the remedy requested is impossible or disproportionate to the other for the seller and therefore in the specific case at hand considering the type of sale, replacement of the article, when this is possible in view of the number of items still available for sale;
b) secondly, to the reduction of the price or termination of the contract, at his/her option. This, however, i.e. in cases in which repair or replacement are impossible or excessively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously may have caused great inconvenience to the Consumer.
9.6 The remedy sought is unduly burdensome to the Seller if it imposes unreasonable costs compared to alternative remedies that can be exercised, taking into account (I) the value that the product would have if there were no lack of conformity; (Ii) the extent of the lack of conformity; (Iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.
9.7 In no event shall the Seller be liable for failure to comply with any of its obligations under these Terms and Conditions in the event that the failure is caused by accident and/or force majeure.
10.1 Unless otherwise provided, any communication or dispute shall be made by e-mail to firstname.lastname@example.org or by registered letter with acknowledgment of receipt to the Seller AGOF Store, in Sondrio (ITALY) 23100, P.le Giovanni Bertacchi 70 or, in urgent cases, by fax at number +39 0342 215398.
11. USE OF THE SITE
11.1 Product descriptions and images found on this site correspond to those made available by the Seller’s suppliers or the Seller. Photographs and video presentations of products in support of the descriptive information are posted on the Site for purposes of description, considering the fact that the quality of the images, including any variations in the colour displays may depend on software and tools used by the customer at the time of connection to the Site. The Seller does not assume any responsibility for any problems that may be caused to the customer by the use of the Site and the technologies employed as independent of his own will.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1 The Seller declares that the Site as well as all trademarks and logos used in connection with the products proposed for sale are protected by the applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden, in any form or for any purpose that may occur. The Seller reserves the right to take legal action to enforce those rights. The Seller does not assume any responsibility for the trademarks and other distinctive signs appearing on the products it distributes on the Site, and the Customer does not acquire any right to same, following the conclusion of the Contract.
13. PROTECTION OF PERSONAL INFORMATION
14. DISCLAIMERS IN THE EVENT OF FORCE MAJEURE
14.1 In no event shall Seller be liable for any breach of one or any of the obligations arising from these General Conditions of Sale when said breach is caused by accident and/or force majeure, including but not limited to natural disasters, terrorist acts, network failures and/or blackouts.
15. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
15.1 The present contract between the customer and the Seller is governed by Italian law and, in particular, by the Consumer Code, as amended, and Legislative Decree. N. 70/2003, as amended.
15.2 Any dispute concerning the terms and conditions will be the competent court of the location indicated by the customer as their residence and domicile, if located in the Italian territory, in all other cases, the court in Sondrio is responsible.
15.3 Under Article. 141-sexities of the Consumer Code and Regulation no. 524/2013 we inform the European Customer that in case of dispute he may send a complaint by the Online Dispute Resolution (ODR) platform of the European Union at the following link http://ec.europa.eu/consumers/odr/ (the platform will be operational from 15 February 2016). The ODR platform is an access point for customers who wish to solve in the field of court disputes arising from sales contracts or services online. To this aim, we inform you that the email address of AGOFSTORE is email@example.com
16.1 These Terms and Conditions set forth the terms and conditions applicable to the Customer at the time of purchase of the Products on the website. The Client may contact the Seller directly by email to firstname.lastname@example.org, for any clarification.
16.2 The terms of purchase may change, therefore the Customer is invited to check these and save a copy before placing any Order.
16.3 The regulatory provisions mentioned in these Terms and Conditions are also available on the Internet at the following sites:
Consumer Code (Legislative Decree no. 206/2005) in Chapter I of Title III Section II and III of the "Legal Information for the consumer and the right of withdrawal in distance contracts and contracts negotiated away from business premises" (Articles 49-67)
Consumer Code (Legislative Decree no. N. 206/2005), Section II Distance contracts (Articles 50-67); for return right refer to Part III, Title III, Chapter I Sez. II, for the online disputes resolution refer to Part V title II bis
Rules on Electronic Commerce (Legislative Decree no. N. 70/2003)
For more information on online dispute resolution procedure consult the following websites:
European Commission: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_it.htm