GENERAL CONDITIONS OF SALE
The following Conditions of Sale regulate the offer and sale of products on this www.skudowave.com <http://www.skudowave.com> website (also, alternatively, the “Site”).
Products purchased on the Site are offered and sold by Mobisafe DISTRIBUTION ITALY SRL, via Amalasunta 6, 48123 Ravenna (MDI). The fully paid-up share capital amounts to € 30,000.00. The site is owned by Edil Natura srl that has lent to a MDI free, worldwide distributor of skudowave product.
You can request any information and / or send communications and / or file complaints about sales, purchase orders, products, payments and shipments, by contacting MDI Customer Service ( “Customer Service”), in the manner laid down ‘ art. 17.
1.1 The sale of products through the Site ( “Products”) is a distance contract governed by Chapter I, Title III (arts. 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ( “Consumer Code”) and Legislative Decree 9 April 2003, n. 70, which includes the rules of electronic commerce.
1.2 These Terms of Sale apply to all sales made by MDI on the Site.
1.3 The General Conditions of Sale may be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication in the “Terms of Sale” of the Site. For this reason, users are requested to regularly access the Website and consult before making any purchase, the longer version updated the Terms of Sale. Applicable Terms of Sale are those in force on the date of dispatch of purchase.
The user should read these General Conditions of Sale which MDI has at its disposal in the section “Terms of Sale” of the Site and of which he is allowed to store and playback, as well as any other information which provides the MDI on the site.
1.4 These Conditions of Sale are applicable only to Italian territory.
2. Shopping on site
2.1 Access to the offers on the Site is allowed both to users who are consumers as defined by art. 3, co. 1, letter. a) of Legislative Decree 206/2005 ( “Consumer Code”), meaning those individuals who, in connection with the purchase of products, acting for purposes unrelated to their commercial, craft, business or profession, whether for users who are not consumers within the meaning of that definition.
2.2 MDI reserves the right to refuse or cancel orders that come (s) from a user with whom it has an ongoing legal dispute; (Ii) by a user who has previously violated these General Terms and / or conditions and / or the terms of a purchase agreement with MDI; (Iii) by a user who has been involved in any type of fraud and, in particular, in fraud related to payments with credit card; (Iv) by users who have issued false identification data, incomplete or inaccurate, or that they have not sent promptly to MDI documents from the same applied for under the procedure laid down in Articles. 9.3.2, 9.3.3 and 9.3.4 below or whether they have submitted invalid documents; (V) from users who do not give sufficient guarantees of solvency.
3. Registration to the Site
3.1 Registration on the site is free. To register at the site the user must complete the registration form, by entering the requested personal information. Registration will be confirmed by e-mail to the user that, to complete the registration process, you must click in the appropriate link in the communication received. The registration on the Site allows the user to make through a private, personal ( “My account”), among others, the following activities:
see your recent orders
– Manage their personal information and modify and / or update them at any time.
3.2 The registration credentials must be used exclusively by the user and can not be sold to third parties. You agree to keep them secret and to make sure that no one has access, and to inform without delay MDI contacting you as indicated in art. 17, in case of suspected improper use and / or disclosure of the same. You warrant that the personal information provided during the registration process to the Site is complete and accurate. And ‘it is forbidden the same user to make multiple registrations. In case MDI should be noted that a user has made multiple recordings on the same site reserves the right to proceed immediately and without prior notice, to the relevant account lockout. You agree to hold MDI harmless from any damage, claims for damages and / or penalties arising from and / or in any way related to the breach by the rules on the registration on the Site or on the preservation of its login credentials.
4. Direct information to the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down rules concerning electronic commerce, MDI informs you that:
– To conclude the purchase of one or more products on the Site, you must fill out an electronic order form and send it to the MDI, via Internet, following the instructions that appear from time to time on the Site, and that accompany the different phases;
– The contract is concluded when the order form is received by the MDI server;
– When you register your order form and receive confirmation of authorization to pay the total amount due, MDI will send you, via e-mail to the e-mail confirmation of the order. Please keep the e-mail receipt as proof of purchase. The General Conditions of Sale applicable to the order, as well as instructions on withdrawal and the model withdrawal form in art. 10 will be attached to the e-mail confirming the shipment of Articles. 8.6.3 or 8.7.3 or 8.8.2 below;
– The order form will be filed in the MDI database for the time necessary to execute the order and in any case in accordance with law. To access your order form the user can go to “My Account” section of the site where you will find a list of all orders placed.
4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.
5. Validity of offers and prices
5.1 All Product prices are quoted in Euros (€) and are inclusive of Value Added Tax ( “VAT”). The shipping charges and any other additional cost, include VAT and are expressed in Euros (€), will be expressly and separately indicated on the order form, before the user proceeds to the transmission thereof.
5.2 The price of the products can be modified by MDI at any time, without notice, provided that the price charged to the user will be published in the information document setting out the main characteristics of the product at the time of order. It does not take account of any changes (increase or decrease) of successive price at the order transmission.
6. Purchase Orders – Product Information
6.1 MDI shall proceed with the purchase order, and then carry out the delivery of the Product purchased, only after receiving confirmation of authorization to pay the total amount due, including purchase price and the delivery costs. In the event that the Total Amount Due is not paid or the good outcome of the payment is not confirmed, the purchase contract will therefore be terminated in accordance with and for the purposes of Art. 1456 commercial code ..
6.2 The Products shall remain the property of MDI until payment by the user Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to MDI, however, will be transferred to the user when the user or a third party appointed by him other than the carrier, will enter physically in possession of the products.
6.3 Each product is accompanied by a Product Schedule. The pictures and descriptions on the website reproduce as closely as possible the characteristics of products. The colors of the products, however, may differ from actual colors due to the settings of the computer systems or computers used by users to their display. The product images in the Product Information also may differ in size or in respect of any ancillary products. These images must therefore be understood as indicative and with the manufacturing tolerances. For the purposes of the purchase agreement, as confirmed by the description of the Product contained in the order form sent by the user.
7. Availability of Products
7.1 The products offered on the Site are limited in number. It may happen, also because of the possibility that more users to buy the same product at the same time, that the product ordered is no longer available after the purchase order is issued.
7.2 In any case of unavailability of the product ordered, subject to the rights granted to you by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, you will be promptly notified by e-mail. The user will then be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and by effect of article. 61, fourth and fifth paragraph, of the Consumer Code. In case the user makes use of the former resolution entitled art. 61, fourth and fifth paragraph of the Consumer Code, or in any case in which the payment Total Amount Due has already occurred, MDI, subject to your right to compensation, make the reimbursement of that amount without undue delay and, in any case, within a maximum period of 15 working days from order. The refund amount will be communicated to the user via e-mail. This amount will be refunded to the same means of payment used by the user for purchase. Any delay in may depend on the bank, the type of credit card or payment solution used. In any case, the value date will be the same as the.
8. Delivery of products purchased
8.1 Deliveries of the purchased products are made in Italian territory except otherwise agreed when ordering between MDI and the Customer.
8.2 The delivery fee for orders up to three pieces and free from 4 pieces and will be made by courier. The amount of the delivery due to the user in relation to a specific order costs, is expressly and separately indicated (in Euro, including VAT) during the purchase process, in the order summary and in any case before the user proceeds to the transmission of the same.
8.3 The delivery obligation is discharged through the transfer of material availability or otherwise of the products of control to the user.
It is up to the user to verify the conditions of the product that was delivered / he withdrew. It being understood that the risk of loss or damage to the Products, for reasons not attributable to MDI is transferred to the user when the user or a third party appointed by him other than the carrier, enters physically in possession of the product. The user is advised to check the number of received products and the packaging is not damaged or wet or otherwise altered, including the sealing materials and you should ask them, in their interest, indicating on the delivery note of the vector, any faults, subject to acceptance of the package. Receipt of unqualified products, in fact, does not allow the user to take legal action against the carrier, in the case of loss or damage to the Products, except in the case where the loss or damage is due to willful misconduct or gross negligence of courier and the same except for the partial loss or damage not identified at the time of delivery, provided that in the latter case, the damage is reported just met and no later than eight days after receipt. In the event that the package for visible signs of tampering or alteration, it is also recommended the user to immediately notify by mail to MDI. This is without prejudice, in any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity.
8.4 You understand that the withdrawal of the product is a precise obligation arising from the purchase contract. In case of non-delivery for the absence of the recipient at the address specified in the order form, the carrier will leave a card to certify the delivery attempt (c.d notice of passage). On the card will be shown the phone number that the user will have to contact to request that the courier make a second delivery attempt. After the first delivery attempt went in vain, the package will “in stock”. As soon as the package will go “in stock”, Corriere contact the user in order to unlock the stock and to make sure that the package is delivered to him as soon as possible. If necessary, the Courier will agree with the user in changing the delivery by paying a supplement. In the case in which even the attempt to subsequent delivery to the Courier of the contact to go empty or in the case where the user does not respond to attempts to contact the Courier, the package will be sent back to MDI and the user will be warned of this fact via e-mail.
You acknowledge that, after seven days from when the parcel is sent back to MDI, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Civil Code. Terminated the contract, MDI will reimburse Total Amount Due, if already paid by the user, minus the cost of delivery of the product was not successful, and the cost of returning to MDI and any other expenses in which MDI is incurred because of the failure to deliver caused by the absence of the recipient. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the middle or the payment solution used / a user to purchase. Any delay in may depend on the bank, the type of credit card or payment solution used. In any case, the value date will be the same as the.
In the event that, before the expiration of the seven-day period mentioned above, the user asks you to re-receive the purchased product, MDI will proceed to the new delivery after debiting of the same expenses, the cost of returning the Product to MDI and expenses custody.
8.5 Provisions common to all types of delivery
8.5.1 In the event that the product purchased is not delivered, the user, in accordance with art. 61 of the Consumer Code, invites MDI to make the delivery within an additional period appropriate to the circumstances ( “Supplemental Term former art. 61, paragraph III of the Consumer Code”). If this additional period expires without the Products have been delivered, the user is entitled to terminate the contract ( “Contract Resolution of the former art. 61, paragraph III of the Consumer Code”), subject to the right to compensation. The user is not burdened burden to grant the MDI Supplemental Term ex art. 61, paragraph III of the Consumer Code ( “Cases Persons”) if:
a) MDI has expressly refused to deliver the Products;
b) the user has informed MDI, before the conclusion of the contract, that delivery by or on a specified date is essential.
Except in the cases, the user does not receive the products, it shall be entitled to immediately terminate the contract, subject to the right to compensation ( “Termination of Agreement in Cases Persons”).
Indication of the Additional Term ex art. 61, III, of the Consumer Code and the communication of the former Contract Resolution art. 61, paragraph III of the Consumer Code or Termination of Agreement Except in cases to be communicated by the user to MDI to the addresses referred to in Article. 17 that it follows.
In the case of the former Resolution Contract art. 61, third paragraph, of the consumption or Resolution No. Except in cases, MDI will reimburse you for the Total Amount Due without undue delay. Refund will be made in the manner provided for in Article. 8.5.2 that follows.
8.5.2 In all cases referred to ‘art. 8.5.1 above where the user is due a refund, the refund amount will be communicated to the user by e-mail. It will be refunded to the same means of payment used by the user for purchase. Any delay may depend on the bank, the type of credit card or payment solution used. In any case, the value date will be the same as the.
8.5.3 can not make purchases on the Site those who have not accepted your delivery for more than two times for different orders. In the event that such persons carry out orders in violation of this provision, the purchase contract will be considered terminated as of right pursuant to and for the purposes of Art. 1456 cc The termination of the contract will be communicated to the user via e-mail and the user will be returned to the Total Amount Due in the manner and in terms of art. 7.2 above.
9. Payment Method
9.1 The payment of the products can be made by bank transfer and through PayPal payment solution.
9.2 The invoice will be issued automatically with every purchase. On the occasion of the first purchase, the user will be asked to communicate the data to the header of the invoice, including the tax code. He can then edit that data. For the issuance of the invoice will be based on information provided by the user for this purpose, that he represents and warrants to be untrue, and commit to keeping MDI indemnify and hold harmless from any damages whatsoever, including sanctions issued by the competent authorities, can be derived in the same case of failure to meet the real of the same.
9.3 Payment by payment solution PayPal
9.3.1 The payment of the Products purchased on the Site can be made through the PayPal payment solution. If you choose PayPal as payment, he will be redirected to the site where www.paypal.it <http://www.paypal.it> carry out the payment of the products according to the procedure laid down and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. Data entered on the PayPal website will be processed directly from the same and will not be disclosed or shared with MDI. The latter is not in a position to know and does not store in any way your credit card linked to your PayPal account or the data of any other payment instrument associated with this account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal user together with the completion of the contract through the Site. In the case of the purchase contract and in any other case of redemption, in any capacity , the refund amount due to you will be credited to your PayPal account of the same. The accreditation time on the payment device is connected to this account depend solely by PayPal and the banking system. When placed the order to credit in favor of such an account, MDI can not be held liable for any delay or failure in crediting the user to refund the amount, to challenge which the user will have to apply directly to PayPal.
10. Legal Compliance Warranty
All products sold on the Site are covered by the Legal Compliance Warranty envisaged by Articles. 128-135 of the Legislative Decree n. 128-135 of the Consumer Code ( “Guarantee Law”).
WHO CAN APPLY
The Legal Guarantee is for the consumers. It, therefore, is applicable only to users who have purchased on the Site for purposes unrelated to their entrepreneurial, commercial, craft or profession. People who bought on the Site and which is not of the quality of consumers will apply the warranties for defects of the thing sold, the warranty for quality defect of promises and basic and further guarantees provided by the Civil Code with its terms, and forfeitures limitations.
WHEN TO APPLY
The seller MDI (and, therefore, with regard to purchases made on the Website) is liable to the consumer for any lack of conformity which exists at the time of delivery of the Product. The lack of conformity must be filed with the dealer, at voiding the penalty, within seven days from the date on which it was discovered.
In order to use the Warranty Legal, the user must first provide proof of the date of purchase and delivery. It ‘should, therefore, the user, for purposes of this test, keep the purchase invoice, which sends MDI, or any other document that can prove the date of purchase execution (for example the statement of credit card) and the date of delivery.
WHAT ‘THE FAILURE OF CONFORMITY’
There is a lack of conformity, when the purchased goods:
– Is not suitable use for which goods of the same type are normally used;
– Does not comply with the description given by the seller and does not possess the qualities of goods which the seller has held out to the consumer as a sample or model;
– Does not have the usual quality and performance of goods of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or labeling;
– It is not intended particularly the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.
They are therefore excluded from the scope of the Legal Warranty failures or malfunctions or other defects caused by accidental events or responsibility or by a use of the Product not in accordance with its intended use and / or as provided in the documentation technical attached to the Product, if any, or in the operating instructions relating to the same.
REMEDIES AVAILABLE TO USER
In case of lack of conformity duly reported in the terms, the user has the right:
– In the primary, the free repair or replacement, at its option, unless the remedy requested is impossible or excessively expensive compared to the other and, therefore, in this case, given the type of sales, for substitution where this is possible in relation to the number of copies still available for sale;
– Secondarily (ie in cases where repair or replacement is impossible or prohibitively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously made have caused significant inconvenience to the consumer) to the reduction the price or the termination of the contract, at his choice.
The remedy requested is overly burdensome if it imposes costs on the seller unreasonable in comparison to alternative remedies that may be exercised, taking into account (i) the value the goods 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.
WHAT TO DO IN CASE OF A DEFECT OF CONFORMITY ‘
In the event that a Product purchased on the Site, during the period of validity of the legal warranty, posters what could be a lack of conformity, the user must contact the customer service at the address and in the manner indicated in Article. 17. MDI will reply promptly to communications of the alleged lack of conformity, and will tell you the specific procedure to be followed, even to agree on the method of delivery of the goods, taking into account the category of goods which the product belongs and / or denounced defect .
PRODUCTS FOR WHICH THERE IS A CAT
In the event that the nature of the product does not provide for the existence of a CAT, the Product with respect to which the user complains about the lack of conformity shall be sent to MDI which will carry out the verification of the existence of the alleged defect.
Shall apply, mutatis mutandis, all the other provisions of Article “Products for which there is a CAT” above.
MDI reserves the right to request the user to attach to the request for use of the order confirmation Legal Compliance Warranty and / or DDT or other document proving the date of purchase making and delivery date.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY
Upon termination of the contract, MDI will return to you the total amount paid, consisting of the purchase price of the product, shipping charges and any other additional cost. In the event of a price reduction, MDI will return the amount of the reduction, previously agreed with the user. Alternatively, the user can choose to receive a voucher, redeemable on the site, of an equivalent value to the amount of the refund or, respectively, of the reduction to which he is entitled.
The amount of the refund or reduction will be communicated to the user via e-mail and credited to the middle or the payment solution used / a user to purchase. In the event that the user has chosen the voucher in place of reimbursement or reduction, the voucher will be communicated to the user in the form of PROMOTIONAL CODE.
MDI is not responsible for damage of any kind arising from use of the product in an improper manner and / or not in accordance with the manufacturer’s instructions and in case of damage caused by accident or force majeure.
11. Conventional Manufacturer Warranty
The products sold on the Site are covered by manufacturer’s warranty of two years.
12. Competitions and prize operations
MDI can organize competitions and prize contests reserved users of the Site. The rules of each competition and / or operations in the money will be available in the special section of the site.
In the event that the prizes are made up of good discounts or equivalent forms, they may under no circumstances be converted into money.
13. Comprehensiveness; Law and Jurisdiction; court dispute settlement
13.1 These Conditions of Sale together with the Special Conditions, if applicable, and the information provided pursuant to art. 49 of the Consumer Code, before the user is bound by the contract, representing the entirety of the agreement between MDI and users of the Site with regard to contracts concluded through the Site.
13.2 The contracts concluded between users of the Site and MDI are regulated by Italian law. E ‘without prejudice to the application to consumer users who do not have their habitual residence in Italy of the provisions would be more favorable and mandatory provided by law of the country where they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities of communication thereof and in the legal guarantee of conformity.
13.3 Note that in the case of user consumer, to any dispute concerning the application, implementation and interpretation of these Terms of Sale shall be competent General of the hole location in which the user resides or is domiciled.
13.4 Without prejudice, in any case, your right of appeal to the ordinary courts, in the event of dispute between MDI and the user pursuant to these Conditions of Sale, MDI communicates joining the conciliation service “RisolviOnline”.
RisolviOnline is independent and institutional service of the Chamber of Arbitration of Milan, which is designed to quickly solve all economic and trade disputes in which consumers and / or companies are involved, with particular reference to those originating from the Internet and e-commerce.
For more information on RisolviOnline regulations or to send a conciliation request go to www.risolvionline.com <http://www.risolvionline.com> .
13.5 The person who is resident in an EU member state other than Italy, may also have access, to any dispute concerning the application, implementation and interpretation of these Terms of Sale, the European procedure established for disputes modest, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu <http://www.eur-lex.europa.eu> .
14. Customer service and complaints
14.1 And ‘possible to ask questions, send information, assistance or make complaints, by contacting Customer Service as follows:
– By mail, by writing to Mobisafe DISTRIBUTION ITALY SRL, via Amalasunta 6, 48123 Ravenna, Italy
14.2 MDI will respond to complaints within five working days of receipt of the same.