Condizioni generali di vendita on line
Terms and conditions of sale online
Art. 1 – Definitions
- These terms and conditions and relevant annexes, which are to be considered an integral part of said conditions, as listed in Art. 14 and available to the consumer for the reproduction and storage, pursuant to Art. 12 of Lgs. Decree 70/2003, serve to regulate the purchase of products, made on line via the website https://now.irsap.com (hereinafter Site) belonging to Irsap spa, with registered offices in Rovigo, at Via delle Industrie 211.
- “On line” sales agreement is understood as a distance contract, i.e. a legal agreement regulating movable goods and/or services, finalised between Irsap spa (hereinafter also known as the Supplier) and a final consumer - customer or other professional user (also known as the Customer) as part of a distance sales system organised by Irsap spa which, for the conclusion of said contract (Agreement) exclusively uses distance communication technology, known as the Internet.
- Consumer refers to the individual who purchases goods and services for purposes that cannot be attributed, directly or indirectly, to any professional activities they may perform.
- Trade user refers to the individual or legal person purchasing goods and services for purposes that are attributed, directly or indirectly, to any professional activities they may perform.
Art. 2 – Acceptance of conditions of sale
- These terms and conditions are valid from 19.04.21 and can be updated, integrated or amended by the Supplier at any time, naturally becoming effective for all future transactions. The Supplier will make such changes known on the pages of the Site; the terms and conditions envisaged in the foreword are an integral and essential part of this contract.
- All agreements will be directly concluded via consumer customer or trade user access to the Site, where these could in fact conclude the agreement for the purchase of the required goods and/or products, carefully following the indications and procedures stated in the following link https://now.irsap.com.
- These terms and conditions and the relevant annexes shall be examined “on line” before completion of the purchase procedure. The forwarding of the order (and the relevant annexes) and therefore implies full knowledge of same and full acceptance, thereof.
- By sending confirmation of order electronically, the customer or professional user unconditionally accepts and undertakes to abide by the terms and conditions and the conditions of payment illustrated below, as well as the relevant annexes, in all relations with the Supplier, stating that they have read and accepted all indication provided by same, pursuant to the abovementioned regulations and also acknowledging that the Supplier is not bound by any other conditions, unless otherwise agreed in writing.
Art. 3 – Conclusion of the Agreement
- To formalise and send the purchase order, the Customer must complete all of the sections exactly, together with online registration, following the video instructions and, lastly, selecting and then accepting the boxes marked “acceptance of conditions of sale and privacy regulations.
- The agreement is understood as being concluded with the Supplier’s acceptance of the order and subsequent sending of confirmation.
- Receipt of the order does not commit the Supplier until this latter has expressly accepted said order, sending confirmation of same.
Art. 4– Products, sale price and shipping costs
- The Customer may purchase the products at the prices stated in the e-catalogue provided by the Supplier (available at www.irsap/now.com) and in the amounts existing in the warehouse.
- The Supplier does not guarantee the continued availability of the products under the conditions offered, remaining committed, in case of unavailability and completed payment of the goods, to inform the customer in good time, and if requested by same, to refund the price without additional charges, within 30 days, as stated in art. 10.2
- Shipping costs are the responsibility of the customer and are subject to change according to the destination country, as specified in the purchase process. All customers can pay for the goods ordered using one of the following methods of payment: credit card, debit card, Paypal and amazon pay.
- Shipping costs can change according to weight, overall size, destination and/or other possible services required (insurance, delivery times, etc.).
Art. 5 – Delivery method and installation
- The Supplier will deliver the selected and ordered products to the Customer at the address and according to the method envisaged in the previous article, via courier service.
5.2 Installation, if required, is available exclusively in the following countries, with the limits as follows:
- Italy, including Sicily and Sardinia (excluding the other islands)
- Spain, including Las Palmas, Tenerife and Majorca (excluding the other islands and the exclaves of Ceuta and Melilla);
- France (excluding overseas Departments and Territories, and all islands);
- United Kingdom, including Great Britain (excluding Northern Ireland, all the islands and territories in the Scottish Highlands and relevant offshore islands with the following postcodes: AB36-38, AB55-56, FK17-99, HS1-99, IV1-99, KA27-28, KW1-99, PA20-99, PH15-99, ZE1-99)
- The goods purchased will be delivered within the terms envisaged by Art. 61 of Lgs. Decree no. 206/2005 No responsibility can be attributed to the Supplier for delivery delays or failures that can be attributed to causes of force majeure or unforeseeable circumstances.
- In the event the Customer should purchase the installation service, staff appointed by the Supplier, subject to appointment agreed with the Customer, will attend the address stated in point 5.1 and proceed to installation.
- The Supplier is not responsible for any delays in delivery of products attributable to the carrier; nor is it responsible for damage to the goods caused by the carrier.
Art. 6 – Responsibility
- The Supplier does not accept any responsibility for inefficiencies that can be attributed to force majeure, such as accidents, explosion, fire, strikes and/or lockouts, earthquakes, floods, pandemic and other similar events that may prevent the contract from being performed, either wholly or in part.
- The Supplier will not be responsible towards any party or third party with regard to damage, loss or costs suffered as a result of non-performance of contract due to the above causes, in which case the consumer is entitled solely to the refund of the price paid.
- The Supplier will not be answerable for any fraudulent or unlawful use that may be made by third parties, of credit cards or other means of payment, at the moment of payment for the price paid. The Supplier is not able to recognise any credit card number belonging to the Customer at any time in the purchase process, as this is transmitted directly to the banking service manager.
Art. 7 – Warranty and after-sales assistance
- The guarantees provided in these Conditions are regulated by the Civil Code (Art. 1490 of the Italian Civil Code) and by the Consumer Code (Art. 130), including the relevant terms of losses and prescriptions (Art. 1495 of the Civil Code and 132 of the Consumer Code).
- In addition to the sale of the product, the Supplier will provide, under the method and conditions specified in Annex 1, the following services to the customer and professionaluser:
- a) installation
- b) technical assistance (maintenance)
- the methods for providing these services are specified in annex 1 (Installation and technical assistance);
Art. 8 Customer's obligations
- The consumer undertakes, once the “on line” purchase procedure has been completed, to print and keep these terms and conditions which they will already have seen and accepted, since this is an obligatory stage in the purchase process, as well as the specifications of the product purchased. This is to fully satisfy the conditions as per Lgs. Decree no. 206/2005 (Consumer Code).
- The Customer is strictly prohibited from entering false and/or invented information in the registration process as needed to activate the procedure to execute this agreement and the relevant other notifications: all personal data and email addresses must be exclusively genuine personal data and not invented or belonging to third parties.
- It is expressly prohibited to make dual registrations for a single person or to enter third person data. The Supplier reserves the right to take legal action for any breach or abuse, in the interest and for the protection of all consumers.
- The Customer holds the Supplier free and harmless against any liability arising from the issue of incorrect fiscal data due to errors regarding data provided by the Customer, since the Customer is the sole party responsible for the correct entry of same.
Article 9 – Right of withdrawal
- The Consumer who, for any reason, is not satisfied with their purchase, will have the right to withdraw from the agreement without any penalties and without stating the motive, within 14 working days from the date of receipt of the purchased goods. The right of withdrawal must be used in compliance with the mandatory conditions set down by the Supplier and may only be exercised if the item has not been used.
- Pursuant to Art. 52 of Lgs. Decree no. 206/2005, the Customer Consumer may exercise the right of withdrawal, with the exception of “made-to-measure” and/or customised goods sold, returning the items received in the original packaging without there being any tampering with any of the guarantee seals or deterioration of outer packaging, complete with all components and accessories, with resulting refund of the price paid.
- All costs for the return of the products are to be met by the Customer who, directly or by other means, will ensure the delivery of same to the Supplier's domicile; all items shall be returned, damage free and in the same conditions as when received, in the original packaging, with any manuals and/or instruction booklets that are part of the original packaging; goods may not be sent any other way.
- How to exercise the right of withdrawal:
- Procedure from website
The Supplier will accept the returned goods, reserving the right to ensure that products have been returned in their original state and with their original packaging: only in this case can it return the amount paid by the consumer to purchase the products.
- The transport costs for delivery of the product to the customer and for any delivery back to the Supplier are not refundable.
Art. 10 – Authorisation
- . By completing the relevant space on the website, the Customer authorises the Supplier to use their credit card and to charge their current account to the Supplier for the whole amount highlighted as the cost for a purchase made “on line”. The whole procedure is executed with protected connection, directly connected to the bank holding and managing the “on-line” payment service to which the Supplier has no access.
- . In the event the consumer should use the right of withdrawal, as stated in point 9 of these terms and conditions or, in any case, if payment should not achieve the completion of the sale, the amount to be refunded shall be credited to said credit card.
Art. 11 – Termination of contract and express termination clause
- The obligations undertaken by the customer, as per Art. 8. (Customer's obligations), as well as the guarantee of completion of payment, are essential therefore, by express agreement, breach by the Customer of just one of the above obligations will lead to the termination of the agreement, as per Art. 1456 of the Italian Civil Code, without the need for legal sentencing, without prejudice to the Supplier’s right to take legal action for payment of further damages.
Art. 12 - Data protection
- The Supplier undertakes to:process the personal data collected for Customer registration and to implement the procedure for execution of this agreement, in compliance with the regulations for data protection (GDPR and TU 196/03, as amended by Lgs. Decree 101/18), for the purposes and with the methods specified in the policy statement provided as per Art. 13 679/16 EU, available at the following link https://now.irsap.com
Art. 13 – Applicable Law and Jurisdiction.
- Without prejudice to the applicability of the mandatory provisions to protect consumer rights, this agreement is regulated by Italian law and any related disputes will be subject to the jurisdiction of the Court of Rovigo.
Article 14 - Annexes:
Annex 1- Installation and Technical assistance