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GENERAL CONDITION OF CONTRACT
INCLUSIVE OF INFORMATION TO BE PROVIDED TO CONSUMERS IN ACCORDANCE WITH THE CONSUMER SALES CODE (LEGISLATIVE DECREE NO. 206 OF 6th SEPTEMBER 2005) AND – THEREFORE – INFORMATION IN PARTICULAR ON THE RIGHT OF RESCISSION BY CONSUMERS
1. Any sales contract finalised on thisv website shall be governed by these General Conditions of Contract if the contract entered into is with a consumer.
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2. The Seller is Skitsch S.p.A., with registered offices at Viale Bianca Maria 25, Milan, with Tax Code and VAT Registration No. 05924100968, entered in the Milan Company Register under no. REA: MI-1859004. Its operative business premises are at Corso di Porta Nuova 14, Milan (postcode 20121), and hereinafter it is referred to, for short, as the "Company".
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3. Said Company, through its website, carries out commercial operations directed at selling its products. The information and the clauses stated in these General Conditions of Contract and on the website have a commercial aim.
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4. The term "consumer/consumers", whenever used in these General Conditions of Contract, shall mean – in accordance with the Consumer Sales Code (Legislative Decree no. 206 of 6th September 2005) – a natural person/natural persons who act(s) out of motives unrelated to any business, commercial, craft, or professional occupation they may engage in.
The Company, in this connection, reserves the fullest possible rights to decline orders originating from persons other than consumers.
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5. These General Conditions of Contract do not in any sense govern the sales of products by entities other than the above Company as may be found on this website or as may feature on it through various linking arrangements. Nor do these General Conditions of Contract govern contracts finalized on this website by persons/entities other than consumers.
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6. Indication of the time limit, procedures, and conditions for exercising the right of rescission.
6.1 Consumers have the right to rescind a contract they have made with the Company – without incurring sanctions or without having to state a reason – within ten (10) working days starting from the day they receive the product purchased.
Consumers do not have the option of exchanging the product bought for another.
6.2 To rescind a contract consumers need do no more than return the products to the Company, delivering them to a courier service they trust, within 10 working days of when they have taken receipt of the products.
6.3 The right of rescission must be exercised vis-à-vis the Company. The products must be returned to the latter at the following address and no other: ND Logistics Italia S.p.A., Strada Barianella, 29015 – Castel San Giovanni (PC). Return is to be effected through delivery to a courier service within – as stated earlier – ten (10) working days of when the products were received.
6.4 The only expense payable by the consumer for exercising his/her right of rescission is that of returning the products purchased.
6.5 For the right of rescission to be exercised legitimately, it is an essential condition that the product to be returned is, to all effects, in an undamaged state. The product must be returned in its original packaging and must be safeguarded diligently up to the time it is returned.
6.6 Where the right of rescission is exercised by consumers in accordance with what has been stated above, the Company shall, as quickly as possible, reimburse the amount they have paid in making the purchase and, in any case, it shall do so within thirty days of the date when it learns that the consumer has exercised their right of rescission
6.7 If, conversely, the time limits, procedures, and conditions for exercising the right of rescission – as stated in clauses 6.1, 6.2, 6.3, 6.4, 6.5, and 6.6, – are not complied with, consumers shall not be entitled to reimbursement of the amounts they have paid to the Company. However, at their own expense, they may have the products in the effective state in which they were returned to the Company. Where consumers do not apply to have the products in said state, the Company may retain possession of the latter in addition, naturally, to the amounts already cashed.
6.8 Following the return of the products, the Company shall carry out the necessary checks as to compliance – by consumers – with the time limits, procedures, and conditions for exercising their right of rescission. The Company shall, by email, send consumers confirmation that it accepts the products returned or notify the reasons for which rescission is deemed not to be legitimate.
Plainly, however, the final check on compliance with the stated time limits, procedures, and conditions may be subject to scrutiny from the standpoint of Article 11 below.
6.9 If the person paying the sums due for the products purchased and the recipient of those products as stated on the order form are not the same person, reimbursement of the sum, where the right of rescission is exercised, shall be made by the Company to the person who made the payment.
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7. The essential characteristics of each product and its respective price are stated in the website pages given over to this information and in the product data sheets, and express mention is made hereby to them in that they form an integral and material part of these General Conditions of Contract. However, the photographs, drawings and, in general, the pictures – as, equally, the colours and hues – of the products on the website may not correspond exactly with the products as they actually are owing to the effect of the screen and/or of the computer being used.
The prices of the products may be subject to alteration.
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8. The steps to follow in making the contract.
8.1 The languages that may be selected to conclude the contract are Italian and English.
8.2 To finalize a contract for the purchase one or more products on the website:
- the consumer must properly fill out the order form as displayed electronically;
- and send the order form to the company via computer network.
8.3 The order form also contains:
- express reference to these General Conditions of Contract;
- a brief mention of the right of rescission, with a specific statement of the time limit, and with express reference to the General Conditions of Contract;
- a summary of the general characteristics of the product ordered and the respective price (inclusive of all levies and taxes applicable);
- an indication of the means of payment available to the consumer to purchase each product. In this connection, please note that in the case of a credit card payment the information provided (such as – purely by way of example and in no exhaustive sense – the name of the card holder and the number of the card) will be used solely to make the necessary arrangements for effecting the purchase or for reimbursing amounts where applicable;
- information on how the products purchased are to be delivered and the costs of carriage and delivery.
8.4 The essential characteristics and the prices of the products are, as already stated, shown on the relevant pages of the website, which should be consulted.
8.5 Except as provided in Article 8.10 below, the contract is understood as finalised at the time the Company receives the order form through the computer network.
8.6 Once contracts are finalised the Company shall send consumers, by email to the address they have specified, a notice of receipt of the purchase order in which the details in the order form are confirmed.
8.7 Prior to completion of the purchase procedure an express request shall be made to consumers to read, with the greatest care, these General Conditions of Contract – which regulate dealings between the Company and consumers and contain also a statement of the right of rescission – and to print out a copy using the print command, so that their documentation is complete and they conserve a record of the General Conditions.
Reading and accepting these General Conditions of Contract is a necessary step in concluding the contract. Accordingly, a consumer who finds that they are not in agreement with the text of these General Conditions of Contract, either wholly or in part, is formally requested not to proceed with their purchase.
So that their purchase order can be processed, consumers must also provide certain items of personal data. This data will be processed for the sole purpose of giving effect to their order, and by accepting the General Conditions of Contract data subjects give their consent with regard to this limited aim.
8.8 The Company shall file an order form in its data bank for the time that is strictly necessary for giving effect to the order and, in any case, in accordance with the statutory period. Consumers can access their order form by going to the relevant part of the website.
8.9 Prior to completion of the purchase procedure consumers may be asked to check for any errors in the data transmitted and, if necessary, to correct them.
8.10 The Company is entirely at liberty not to give effect to orders:
- regarding which the Company has no proper guarantee of receiving payment of the amount due;
- that are compiled incompletely or incorrectly;
- regarding which the products are effectively unavailable for reasons that are beyond the control of the Company.
In such cases the Company shall notify consumers, by email, that no contract has been concluded and that the Company shall not give effect to the order. Said notification may even be sent after the notice of receipt of the purchase order referred to in Article 8.6. In any case, it must arrive within thirty days starting from the day after the one when the consumer forwarded the order form.
Where an order is not executed the Company shall also, within the stated thirty-day period, reimburse all sums already paid by the consumer.
8.11 Consumers, by forwarding the order form, give their unconditional acceptance and approval to these General Conditions of Contract, with which they undertake to comply, as − likewise − does the Company.
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9. To obtain assistance please contact the Company Call Center at: 199.411.411 (for calls made from Italy) and +39 06 51763106 (for calls made from abroad).
In addition, any complaints that the consumer has may be made to the Company at its business premises at Corso di Porta Nuova 14, Milan (postcode 20121).
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10. Except where a guarantee is available that improves on the statutory one (to be notified expressly, where applicable, with regard to the individual product concerned) all products sold by the company are covered by the statutory guarantee as in Articles 128 et seq. of the Consumer Sales Code referred to above (Legislative Decree no. 206 of 6th September 2005).
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11. Privacy
By going to the Privacy Policy section, consumers can obtain all information concerning the processing of their personal data.
Where consent to the processing of their data (for the purposes stated in the Privacy Policy) is withheld by consumers that purchase products off our website, they must in any case provide certain items of personal data to enable their order to be processed. Said items of personal data shall be processed with the sole aim of giving effect to their order, and by accepting the General Conditions of Contract Consumers give their consent with regard to this limited aim.
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12. All contracts are governed by these General Conditions of Contract and by Italian law: the relevant legislation, as noted above, is Legislative Decree no. 206 of 6th September 2005 (referred to as the Consumer Sales Code), the rules of which lean notably in favour of the consumer.
In the event of a dispute between the Company and consumers, the Company as of now undertakes to take part in an amicable attempt at conciliation that either the consumer or the Company itself initiates through RisolviOnline, an independent and institutional arbitration service offered by the Milan Chamber of Commerce (Camera Arbitrale della Camera di Commercio di Milano), which, with the help of a neutral and competent conciliator, enables a satisfactory agreement to be reached amicably and reliably.
For more information, go to: risolvionline@mi.camcom.it.
Should neither of the parties initiate this amicable conciliation procedure, or if it fails to result in conciliation, the statutory provisions current at the time shall be applied.