1.1. The present General Terms and Conditions of Sale (hereinafter, the "General Terms and Conditions") regulate the online purchase of products marketed by Habiform SRL (hereinafter, the "Products") made through the website www.habiform.it (hereinafter, the "Site") by users qualifying as consumers (hereinafter, the "Consumers") pursuant to the following Article 1.2.
The Site is the property of HABIFORM SRL Via Manzoni 9 - 20822 Seveso (MB) P.Iva and C.F.:06535600966 - tel 02/36754496 - fax 02/36754326 - mail: firstname.lastname@example.org Reg. Imp. MB and LODI N.1861752, (hereinafter, the "Seller").
For any need, request for information, communication related to the purchase of Products - including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc., you can contact the Seller at one of the following addresses
by email at: email@example.com
by email at customerservice: firstname.lastname@example.org
by telephone: 02/36754496
by mail to the address: HABIFORM SRL via Manzoni 9 - 20822 Seveso (MB)
by fax at: 02/36754326
* The Customer Service shall be active from Tuesday to Saturday, excluding holidays and closing days communicated by the Seller, from 09:00 to 12:30 and from 15:00 to 19:00 and on Mondays from 14:00 to 19:00, based on the rates applied by the reference telephone operator.
1.2. For the purposes of these General Conditions, a Consumer is any natural person who purchases the Products offered for sale on the Site for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out by the same.
1.3. If the sale of Products is made to a person who does not qualify as a Consumer-Client as per the previous point, these General Conditions shall apply to the same, but, notwithstanding the provisions of the same:
a) The right of withdrawal referred to in Article 9 below shall not be granted to the purchaser;
b) The purchaser shall not benefit from the guarantee on the Products referred to in Article 8 below, nor from any further guarantee or protection provided by law for the protection of Consumers;
c) The contract of sale concluded between the Seller and the purchaser shall be governed by Italian law;
d) The decision of any disputes between the Seller and the Purchaser shall be referred to the exclusive jurisdiction of the Court of Mantua;
1.4. All purchases of Products made by the Customer through the Site are governed by these General Conditions in the version that will be published on the Site at the time of transmission of the purchase order by the Customer to the Seller (hereinafter, the Order).
1.5. Contextually with the transmission of the Order of the Products through the Site, the Customer accepts that the confirmation of the information related to the Order placed and these General Conditions of Sale will be sent to him by e-mail to the address declared by the same during registration on the Site or during the purchase process.
2.1. The Products are sold with the characteristics described on the Site and according to the General Conditions published on the Site at the time the Order is sent by the Customer.
2.2. The Seller reserves the right to amend these General Conditions at any time, at its own discretion but in compliance with applicable law, without the need to provide any prior notice to users of the Site. Any amendments made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics are subject to change without notice. Before sending the Order pursuant to Article 3 below, the Customer is invited to check the final sale price (hereinafter, the "Price").
2.4 The Products available on the Site can only be purchased by users requesting delivery in one of the States indicated on the Site. In any event, the Seller reserves the right not to accept Orders for Products that must be delivered to areas that are inconvenient, difficult to reach or, at its discretion, for other logistical reasons.
2.5 The technical and functional characteristics of the Products published by Habiform Srl, through its website, are those provided by the manufacturers of the Products, for which the seller does not assume any responsibility as to their truthfulness and completeness. Additional information, such as photographs, videos and/or non-technical descriptions of the products present on the seller's site, are to be considered exclusively functional to the generic and purely indicative presentation of the product. Therefore, the Seller shall not assume any liability for any divergences from the descriptive elements of the product, which may also depend on the quality and accuracy of the Customer's IT tools.
2.6 The Products marketed by Habiform Srl are not supplied on trial; therefore, the customer is responsible for the choice of the ordered Products and for the correspondence and conformity to his needs on the basis of the technical specifications indicated by each manufacturer.
3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Customer to formulate a purchase proposal and not a binding public offer.
3.2. The Order transmitted by the Customer to the Seller through the Site has the value of a purchase proposal and is governed by these General Conditions, which are an integral part of the Order that the Customer accepts in full and without reservation at the time the Order is placed. Before proceeding with the purchase of the Products by sending the Order, the Customer is requested to carefully read these General Conditions, also with reference to the information on the right of withdrawal.
3.3 The Customer's Order is accepted by the Seller when the Seller delivers the Products object of the Order to the courier for shipment, upon verification of full payment of the Purchase Price. The mere confirmation of receipt of the Order does not in any way represent acceptance of the Order and conclusion of the Contract of Sale by the Seller.
In case of non-payment and/or partial payment of the total amount of the Purchase Price, before the delivery of the Products to the courier for shipment, Habiform Srl reserves the right to cancel the purchase order after the following 48 hours. Depending on the cancellation of the order, the eventual partial payment shall be refunded, deducting any bank charges incurred by the Seller.
3.4. The Customer's Order, the Order confirmation and the General Conditions applicable to the relationship between the Parties shall be electronically filed by the Seller in its computer systems and the Customer may request a copy by sending an e-mail to the Seller at: email@example.com
3.5. If it deems it appropriate, the Seller reserves the right, at its discretion, not to accept an Order.
3.6. The Customer, already when sending the purchase order, undertakes to communicate to the Seller all information useful for organising delivery of the Product. By way of example only, the following are indicated: place of delivery in a ZTL zone, distance of more than 30 metres between the place where the van is parked and the place of delivery, presence of stairs, even spiral stairs, presence/absence of a lift in the case of flats on high floors, stairs and/or narrow external/internal passages, or in any case such as to make transit difficult, etc.
4.1. The Site indicates the availability of the Products and their delivery times; such information is to be considered purely indicative and not binding for the Seller.
4.2. The Seller undertakes to make every effort to respect the delivery times indicated on the Site, which start from the day after the day on which the crediting of the payment of the Purchase Price is visible to the Seller. In the event of non-execution of the Order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall inform the Customer and refund any sums already paid by the Customer for payment of the Product pursuant to Article 4.3 below. The Seller cannot be held liable for any delays in the delivery of Products to the Customer, due to unforeseeable circumstances, force majeure or in any case beyond its control and not attributable to it. In these cases, the seller undertakes to inform the purchaser promptly, for the appropriate agreements.
4.3. Shipment of the Products ordered by the Customer shall take place according to the method selected by the Customer from among those available and indicated on the Site at the time the Order is sent. Once the delivery method has been selected and accepted by the Seller, it will no longer be possible to change it.
4.4. IT IS IMPORTANT TO KNOW THAT: the Customer must check the status of the products before signing the acknowledgement of receipt. The Customer is therefore recommended to proceed with the verification and to ensure in particular that:
1) the number of packages delivered corresponds to that indicated in the transport document attached to the shipment;
2) the packaging is intact, not damaged, not wet or in any way altered;
3) the contents conform to the order and that the condition of the Products is free of defects;
In the event of ANOMALITIES, the Customer is invited to refuse delivery of the Products or to put his reservations in writing in a detailed and dated document. It is specified that in the event of a transport document signed by the Customer without the affixing of any "RESERVATION", the Customer shall not be able to make any objection regarding the characteristics of what has been delivered.
4.5. If the Customer accepts the product with "reservation", to be explicitly indicated on the delivery note, within the following 3 working days, he/she shall send an email specifying the defects and/or anomalies found on the Product, accompanying the missive with photographic documentation; if said email is not sent within the specified time, the Product shall be deemed accepted.
4.6. In the event of non-delivery due to the Client's absence/absence, objective impossibility due to force majeure or fortuitous event, which in any case does not depend on the courier, or due to the need to adopt ad hoc instruments, initially not agreed upon (forklifts, hoists, etc.) the Client shall be informed and the subsequent delivery shall be at the Client's expense, to be paid directly to the courier.
5.1. Assembly of the product, if agreed, shall take place at the same time as delivery of the product.
5.2. Assembly only includes working on the individual parts that make up the product and, if necessary, anchoring to external elements/structures (such as walls, floors, ceilings). This therefore does not include any other work (on gas, electricity, water systems, or masonry work).
5.3. The customer declares that in the case of anchoring to external elements/structures, these are suitable for the purpose. The Vendor shall not be liable for any damage that may occur in the event of failure to notify.
5.4. Dismantling and taking back of used goods is not envisaged.
6.1. The Price of the Products is that indicated on the Site at the time the order is sent by the Customer. The prices are inclusive of packaging costs, VAT and other administrative charges applicable in Italy, while they do not include shipping costs, which are however calculated prior to the Order confirmation sent by the Seller to the Customer and which the Customer undertakes to pay in full to the Seller.
6.2. The Customer undertakes to pay the Price and the shipping costs to the Seller, as stated in the Order and in the Order confirmation sent by e-mail by the Seller to the Customer, before the products are handed over to the courier. It is specified that in the absence of full payment by the Customer of the amount due, the Products shall not be delivered to the courier, as provided for in point 3.3.
6.3. In the event that the Products are delivered to a country outside the European Union, the delivery of the Products may be subject to the application of customs duties, local taxes or other administrative charges of various kinds that may be applicable. The Site does not provide any information on the possible application of such levies, nor on their extent. Customs duties, local taxes or other administrative charges that may be applicable shall be borne exclusively by the Customer, without any possibility of recourse against the Site, even in the event of withdrawal from the Contract of Sale. Accordingly, the Customer is invited to duly inform himself of the applicability, or otherwise, of such levies to the delivery of the Products.
7.1. Payment may be made by credit card or via PayPal, under the conditions described below. The Seller reserves the right to verify the General Information provided by the Customer in case of payment by credit card.
7.2. If payment is made by credit card, the Customer shall be transferred to a secure site and the credit card data shall not be managed by the Seller, but by an accredited payment gateway, in full respect of the Customer's computer security and privacy.
7.3. If payment is made by bank transfer in favour of the Seller, the Customer shall use the bank details indicated in the Order confirmation, specifying the Order number in the reason for payment.
7.4. In case of payment by bank transfer, the payment of the Price of the Products purchased through the Website, as well as the shipping costs, must be made within the essential term of 10 (ten) days starting from the date of transmission of the Order confirmation by the Seller to the Client.
7.5. The Customer expressly accepts that the completion of the sales contract and its execution by the Seller shall begin when the price of the Product(s) purchased is credited to the Seller's current account, as provided for in point 3.3.
For any questions/complaints regarding the relationship between the Customer and the Seller, "MultiSafepay" shall not be contacted. The Seller shall be exclusively responsible for the handling of any complaints at the addresses specified in section 1.1. of these General Terms and Conditions.
8.1. The Seller warrants to the Customer that the Products shall be free from defects or faults for a period of 2 (two) years from the date of delivery of the Products to the Customer. The application of any guarantee is excluded in the event that the Customer uses the Products in a manner that differs from what is indicated in the instructions that may be attached to the Product, or reported on the Site, or tamper with or attempt to unduly modify the functionality of the Product, or does not comply with any provision of these General Conditions that concerns the regular delivery, storage and handling of the Products.
8.2. Under penalty of forfeiture of this guarantee, the Customer is obliged to report any defects and non-conformities within and no later than 8 (eight) days from their discovery, by sending an email to firstname.lastname@example.org with an indication of the defect and/or non-conformity found, as well as relative photographic documentation.
8.3. Following receipt of the complaint of non-conformity and the relative documentation, the Seller will assess the defects and non-conformities reported by the Customer and, after having carried out the quality controls to verify the actual non-conformity of the Product, will decide whether or not to authorise the temporary return of the Products for quality control, providing the Customer with a form, containing the "Return Code", via email to the address provided by the latter during the registration process on the Site or when placing the Order. The authorisation to temporarily return the Products for quality control shall in no way constitute recognition of defects or non-conformities, the existence of which can be ascertained only after the Products have been received by the Seller. The Products for which the return has been expressly authorised shall be returned by the Customer, together with a copy of the aforementioned form bearing the "Return Code", within 14 (fourteen) days from the date of authorisation of the temporary return for quality control, to the following address HABIFORM SRL via Ferrucci 18 - 20811 Cesano Maderno (MB)
8.4. Should the Seller be obliged to reimburse the Price and shipping costs to the Customer, the reimbursement shall be made, where possible, by the same means of payment used by the Customer when purchasing the Product or by bank transfer. When reporting Product defects or faults, it shall be the Customer's responsibility to inform the Seller of the bank details to make the transfer using the email address: email@example.com.
8.5. Defects that are a consequence of the habitual use of the Product according to its intended use are not considered defects of conformity.
8.6. Also not considered defects of conformity are those resulting from abuse and/or improper use, i.e. use that does not comply with the indications on the product sheet.
8.7. Defects are not considered defects, any imperfections not detectable with ordinary diligence in visual inspection, which do not affect either the quality of the product or its customary use, as envisaged in Article 129 paragraph 2 of the Consumer Code.
9.1. The Customer is acknowledged the right to withdraw from the Contract of Sale concluded on the Site and regulated by these General Conditions, without any penalty, within the term of 14 (fourteen) days from when:
(i) the Product has been delivered; or
(ii) In the case of the purchase of multiple Products with a single Order, from the date on which the last Product was delivered in the case of separate delivery.
9.2. In order to exercise the right of withdrawal, the Customer must inform the Seller of its decision, at the following e-mail address: firstname.lastname@example.org before the expiry of the term referred to in Article 9.1 above, by sending an explicit declaration using the return form found in the relevant section of the Site. Once the aforementioned 14-day period has expired, the Customer may no longer exercise the right of withdrawal.
9.3. Following the provisions of point 9.2 above, the Customer shall receive an email confirming the exercise of withdrawal, containing the return code. Within and no later than the following 14 days, the Customer shall return the Products to: HABIFORM SRL via Ferrucci 18 - 20811 Cesano Maderno (MB), inserting the return code and all product documentation in the packaging. The risks and direct costs of returning the goods shall be borne by the Customer.
9.4 IT IS IMPORTANT TO KNOW THAT: The return of the Product that occurs after 14 days from the sending of the Seller's confirmation of the exercise of the right of withdrawal, as specified in the previous point, VOIDS THE CUSTOMER OF THE RIGHT OF WITHDRAWAL and therefore the Product shall be returned to the Customer, with transport charges borne by the Customer and without any refund.
9.5. In the event of regular withdrawal by the Customer, the Customer shall be reimbursed the payments that he/she has made, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 (fourteen) days from the date of exercising the right of withdrawal, subject to the product being checked at the warehouse. Such refunds shall be made using the same means of payment used by the Customer for the initial transaction, unless the Customer requests a refund by a different means of payment, in which case any additional costs arising from the different means of payment chosen shall be charged to the Customer. The refund shall be suspended until HABIFORM SRL via Ferrucci 18 - 20811 Cesano Maderno (MB) has completed the inspection of the returned products.
9.6. The Customer shall be solely liable for any decrease in the value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and operation of the products.
It is specified that:
It is absolutely forbidden to remove tags or labels;
The products must be shipped clean, intact and complete, including any accessories;
It is forbidden to use the products for purposes other than merely testing them before returning them.
In the event of returned products that are damaged in any way, even through no fault of the purchaser, the same shall be returned to the customer and the seller shall not proceed with any refund, notwithstanding the previous point.
10.1. The right of withdrawal is excluded when 14 days have elapsed since delivery of the product, without the customer communicating his intention to withdraw, in the time and manner provided for in Article 9 above.
10.2. It is also excluded the right of withdrawal for all those products that, going beyond the options provided in the catalogue and/or on the website of Habiform, are made and/or produced according to the dispositions, tastes, desires and specific needs of the customer; in this case the goods are considered clearly personalized, that is made to measure and determine, for their peculiarity, the exclusion of the right of withdrawal, as provided for by Art. 59 lett.c) of the Consumer Code;
10.3. The right of withdrawal is also excluded, if and insofar as the product, once delivered, must be assembled and/or mounted by the appointed personnel; this is because such operations entail any processing on the individual pieces, which determines the loss of the condition of integrity. In this case, the right of withdrawal may be exercised prior to assembly and/or assembly.
11.1. The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Owner, without any right deriving to the Customer from accessing the Site and/or purchasing the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller, who shall act on the instructions of the Owner.
12.2. The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process is correct and true.
12.3. The Customer may at any time update and/or change his personal data provided to the Seller by accessing his account on the Site after authentication.
13.1. The "validation click", affixed at the end of the Product purchase wizard, constitutes an electronic signature and, between the parties, has the same value as a handwritten signature, with specific acceptance of all the clauses contained in these General Conditions, none excluded.
14.1. These General Terms and Conditions shall be interpreted in accordance with Italian law.
14.2. The Customer declares to have read these General Terms and Conditions and to accept them in full.
14.3. Should one or more provisions of these General Terms and Conditions be deemed invalid or declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
14.4 All disputes relating to the application, execution, interpretation and breach of the agreement shall be referred to the Conciliation Service established at the Chamber of Commerce, Industry, Agriculture and Crafts of the Province where the purchaser-consumer resides. In the event that the customer is not a consumer, not falling under the provision of Article 3 letter a) of the Consumer Code, the competent court shall be the Court of Monza and Brianza. Please also note that the European Commission provides an online platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.