1. GENERAL PROVISIONS AND IDENTIFICATION OF MERCHANT
These general terms of sale (“Terms of Sale”) regulate all sales of products branded SMEG (“Products”) concluded at a distance on the website www.sicilyismylove.com (“E-Shop”).
Customers (as defined below) are required to carefully read the Terms of Sale shown on the E-Shop. The Merchant (as defined below) will provide a copy of the Terms of Sale to Customers in accordance with the provisions of Article 4 below of these Terms of Sale. Contracts entered into with Customers will be archived by the Merchant for the period required by the regulations in force.
The Merchant reserves the right to alter the Terms of Sale, in whole or in part, at its sole discretion, applying new Terms of Sale from their publication date on the E-Shop. The Terms of Sale applicable to any order sent via the E-Shop are those in force on the E-Shop when the Customer's order itself is sent.
Products displayed on the E-Shop are sold by way of PVS SERVICES ITALIA S.R.L. (“Merchant”), a limited liability company with registered office in Italy, Strada A di Gainago 2/A, Località Gainago 43056, Torrile (PR), Italia. Having share capital of Euro 100,000.00, tax code and VAT no. 02647480348 REA : PR – 255574.
For further information on the Merchant and the Products, contact the dedicated Customer Services by e-mail at the address email@example.com. Customer Services is open from Monday to Friday from 10am to 6pm.
2. SUITABILITY FOR PURCHASE
Products may only be ordered via the E-Shop by Customers who (i) are natural persons (i) have reached adult age (eighteen years old), (ii) have capacity to act, (iii) are consumers, i.e. an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.
Minors aged under eighteen and those without legal capacity to enter into a contract may send orders by way of a parent or guardian acting on their behalf. All orders sent in contravention of this provision and all contracts entered into on the basis of those orders will not have any effect.
By sending the order via the E-Shop, You declare and warrant to be a consumer and that You will not deliver, distribute or sell the Products for commercial purposes.
3. PRODUCT AVAILABILITY
Information relating to Products, together with Product codes and their price, is available on the E-Shop. The graphical representation of the Products displayed on the E-Shop may differ from reality; You must therefore rely exclusively upon the description of the Product and its characteristics indicated on the E-Shop.
The Merchant reserves the right to limit, at any time, the quantity and/or the type of Products that may be purchased on the E-Shop.
You may add to the order proposal a maximum of 3 pieces per individual Product.
The Merchant is not in any case liable for any errors deriving from the lack of functioning of Your connection to the E-Shop.
Although the Merchant undertakes to do everything possible to supply the Products chosen by You in the Order Form, its commitment is inevitably subject to the availability of those Products.
For those reasons, it may accidentally and exceptionally be the case that the Merchant is unable to supply the requested Products because, for example, multiple orders have been made online that have depleted its stocks. In those cases, the Merchant will contact You promptly at the e-mail address indicated in the Order Form to notify You of the availability of the Products.
If the Products are not available for the reasons indicated above, or in other cases of Product unavailability, without prejudice to the other rights attributed to You by law, the Merchant will immediately notify You by e-mail, proposing, alternatively and at its discretion: (i) the refund of the total amount due, constituted by the price of the Products, the shipping costs, if applied, and any other additional cost, if already paid; or (ii) if the Products are likely to be replenished soon, a reasonable postponement of the delivery terms up to a maximum delay of [five (5) days], indicating the new delivery term of the Products.
4. CONCLUSION OF PURCHASE CONTRACT
To order one or more Products, You can register on the E-Shop and create Your personal account.
Upon completing the registration of Your account on the E-Shop, You must complete the Order Form found online and send it to the Merchant.
The registration of an account is not necessary to purchase the Products. You can purchase the Products by completing the Order Form without creating an account.
To purchase a Product, You must (i) enter the selected Product in the ”Basket” by clicking the respective icon, (ii) complete the order form, (iii) select the payment and shipment method, (iv) accept the Terms of Sale and (v) send the order form to the Merchant via the E-Shop.
The transmission of the order form constitutes a purchase proposal for the selected Product, regulated by these Terms of Sale and binding for the Customer (subject to the right of withdrawal provided by Article 8) below. The transmission of the order form by You involves Your obligation to pay the price of the ordered Product or Products.
Before sending the order form, You may make corrections/changes to the entered data by following the specific procedure indicated in the E-Shop (by way of example and without limitation, You have the right to modify the quantity of Products You intend to purchase by adding or removing one or more Products from the ”Basket”).
Within 30 days the Merchant may, at its discretion, refuse an order proposal (in that case, no sum will be due from You to the Merchant; the proposal may be refused, inter alia, in the following cases: (i) if the Products are unavailable (subject to the provisions of Article 3); or (ii) if there is a report, or suspicion, of fraudulent or illegal activity, therein including the suspicion that the purchases are being made for commercial purposes; (iii) if You fail to fulfil Your obligations deriving from a previous contract entered into with the Merchant and/or a group company of the Merchant.
The purchase contract will be concluded only when the purchase offer is accepted by the Merchant, by sending a confirmation of order ("Order Confirmation") to the e-mail address communicated by You in the Order Form.
In conformity with the provisions of the Consumer Contract Regulations 2013, the Order Confirmation will include a summary of the main characteristics of the purchased Products, a detailed indication of the price and payment methods, information on delivery costs, the arrangements for payment and delivery, including the anticipated delivery date for the Products, terms and methods of exercising the right of withdrawal, the indication of an address to which to submit complaints, information on the after-sales assistance services and on the existing commercial guarantees and a copy of these General Terms.
The risk of loss of or damage to the Products is transferred to You when You (or a third party designated by You and different from the carrier) materially enter into possession of the Product.
5. PRICES, TAXES, SHIPPING COSTS
All prices shown on the E-Shop pages relating to the Products include VAT and any other tax. The shipping costs are borne in full by the Merchant if the delivery address is located in Italy. The total amount that must be paid by You, inclusive of the price of the chosen Product(s), taxes and possibly shipping costs (“Total Amount”), will be communicated again before the order is formalised by sending the Order Form.
The Merchant reserves the right to modify, at any time and without prior notice, the prices of the Products. For the avoidance of doubt however, the price payable by You under any order shall be the price for the Product shown on the E-Shop when the order is sent by You. If changes are made to the VAT rate applicable in the space of time between the date of sending the order and the date when the Merchant is in the condition to make the respective shipment, the Merchant will contact You to obtain Your reconfirmation of the order. If the Merchant is unable to obtain Your instructions, it will cancel the order and communicate its cancellation to You.
It is always possible that, despite the Merchant's best efforts, some of the Products on the E-Shop may be incorrectly priced. If the Merchant receives an order from You where a pricing error is obvious and unmistakable, and could reasonably have been recognised by You as a mispricing, the Merchant reserves the right to cancel the order and will contact You via Customer Services to give You the correct information to modify and (if agreed by You) re-confirm the order.
6. PAYMENT METHOD
Payments may be made via the PayPal circuit, the Banca Sella circuit, by credit card accepted by the PayPal circuit or by the Banca Sella circuit (by way of example VISA, Mastercard, etc.), or by the Multisafepay.
You are asked to consider that the chosen payment method may involve an extension of the timescales for delivering the Products, which will only occur (and ownership of the Products will only pass) when that payment is finalised. The credit card payment will be directed for the purposes of the transaction by secure connection to the PayPal page or to Banca Sella institutions which manage online payments for the Merchant.
For each sale, the Merchant will issue a specific tax document, in the name of the natural person who sent the order, which will be forwarded to the address indicated by You in the Order Form. You are solely liable for the accuracy and truthfulness of the information provided to the Merchant for tax purposes.
7. DELIVERY METHODS AND TIMESCALES
The Merchant will ship the Products requested by You using couriers that offer an efficient and high quality service. Having completed the delivery of the Products to the carrier , the Merchant will send a shipment confirmation e-mail to the e-mail address communicated by You in the Order Form. In any case, the transportation document will constitute proof of delivery to the carrier.
The Products will be sent to the address indicated by You in the Order Form. If You request a change to the delivery location (with respect to that originally indicated) after the Product has been delivered to the carrier but before being dispatched for delivery, the Merchant will notify You of any additional costs that may be incurred as a result of such change. If You agree to pay such additional costs then the Merchant will use reasonable efforts to affect such change to the delivery location. If You do not agree to pay the additional costs, or the Merchant is unable to affect the change (despite having used reasonable efforts) then no change to the delivery location shall be made and the Products will be sent to the address indicated in the Order Form.
After the shipment of the Product, the order may no longer be cancelled (other than in the circumstances as otherwise set out in these Terms of Sale) or changed.
The Merchant will confirm the estimated delivery date (which may be within a range of days) in the Order Confirmation.
If the delivery of the Products is delayed by an event outside the Merchants control, then the Merchant will contact You as soon as possible to let You know, and the Merchant will take steps to minimise the effect of the delay.
You have legal rights if the Merchant delivers the Products late. If the Merchant misses the delivery deadline for any Products then You may treat the contract as at an end straight away if any of the following apply:
(a) the Merchant has refused to deliver the Products;
(b) delivery of the Products within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) You told the Merchant before Your order was accepted that delivery of the Products within the delivery deadline was essential.
If You do not wish to treat the contract as at an end straight away, or do not have the right to do so under provisions (a) – (c) above, You can give the Merchant a new deadline for delivery, which must be reasonable, and You can treat the contract as at an end if the Merchant does not meet the new deadline.
If You do choose to treat the contract as at an end for late delivery in accordance with and where You have the right to do so under the provisions above, You can cancel the contract for any of the Products or reject Products that have been delivered. If You wish, You can reject or cancel the contract for some of the Products (not all of them), unless splitting them up would significantly reduce their value. After that, the Merchant will refund any sums You have paid for the cancelled Products and their delivery. In respect of any Products that have been delivered to You, You must either post them back to the Merchant or (if they are not suitable for posting) allow the Merchant to arrange collection from You. The Merchant will pay the costs of postage or collection. Please contact the Merchant for a return label or to arrange collection.
Shipping costs to addresses located in Italy are free. Shipping costs to addresses outside Italy are borne by You and are shown separately on the Order Form.
The Merchant guarantees that all orders shipped are always covered by insurance against transportation risks, loss and breakage of the Products, according to the courier's transportation conditions. You should however check that on delivery the Products are in the right condition. If, upon receiving the delivery, You identify errors in the transmission of the Products or if the parcel received is visibly damaged, You should indicate these circumstances on the courier's delivery document with the wording “Goods Received Unchecked”, detailing as specifically as possible what has been ascertained. As soon as you can (ideally within the next 24 hours), You should notify the Merchant of the event by e-mail to the address firstname.lastname@example.org. For the avoidance of doubt, any defective Products shall be dealt with in accordance with Article 9 of these Terms of Sale.
8. RIGHT OF WITHDRAWAL – PRODUCT REPLACEMENT
You have a legal right to change Your mind and cancel the contract, without specifying the reason, within 14 (fourteen) days from the date on which You (or Your representative authorised to receive the Product) acquire physical possession of the Product itself and in the case of a split delivery, from the day on which You acquire physical possession of the last Product.
To exercise the right to cancel You must, within the term of 14 (fourteen) days scheduled in the above paragraph, inform us of your decision to cancel the contract by making a clear statement to the Merchant. The easiest ways to do this are set out below (though you are not required to use these methods):
• send the withdrawal form found on the E-shop, duly completed;
• send a communication highlighting Your intention to exercise the right of withdrawal to our dedicated Customer Services by e-mail at the address or by tradition post to the following address: email@example.com.
Following the communication of withdrawal (sent in conformity with this article 8) You must return to the Merchant the purchased Product, agreeing the Product collection by way of the online withdrawal form or according to the instructions provided by the Merchant when receiving the communication of withdrawal. You are exclusively liable for any reduction in value of the Product resulting from any tampering with the Product other than what is necessary to ascertain its nature, characteristics and functioning: therefore, You must not remove any labels applied to the Product.
The Merchant will make the full refund of the sums paid by You (including any delivery costs You paid (except for supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by the Merchant)_but after any deductions permitted to be made by the Merchant for Products that have been tampered with as detailed above), without undue delay and in any case by and not beyond 14 (fourteen) days from the date on which the Merchant was informed of Your decision to cancel the contract in conformity with this Article 8. That refund will be made by the Merchant by the same payment methods used by You for the initial transaction, unless otherwise expressly agreed between the parties and provided that You do not have to incur additional costs for that refund.
The Merchant may suspend the payment of any refund until full receipt by the Merchant of the returned Products or, if it occurs before that receipt, until You provide proof of having returned the Product.
All communications to You relating to the exercise of the right of withdrawal, therein including the communication of confirmation of receipt of the exercised withdrawal, will be made by e-mail to the e-mail address communicated by the Customer in the Order Form or, if different, to the e-mail address indicated by the Customer in the communication of withdrawal. Further changes to that address not communicated to the Merchant may not be enforced upon it.
9. GUARANTEE OF PRODUCTS SOLD VIA THE E-SHOP
The Merchant implements a quality control policy, aimed at checking that the sold Products are safe, not hazardous and not defective, in conformity with the provisions of law.
You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If You believe that any Products You have ordered do not conform with these Terms of Sale, please contact Customer Services to request a replacement or refund. The Merchant is under a legal duty to provide You with Products are in conformity with the terms applying to Your order. Nothing in these Terms of Sale affects Your statutory rights. Advice about Your statutory rights is available from Your local Citizen's Advice Bureau or Trading Standards Office.
If You request, in the terms of this Article 9, the repair or replacement of the Product due to a defect of conformity, the delivery costs relating to the return of the Product to the Merchant to be repaired or replaced, along with all costs relating to the delivery to You of the repaired or replaced Product are borne by the Merchant.
The Merchant does not bear the costs of any damages deriving from poor use or wear, inappropriate handling and maintenance of the Product. The guarantee does not apply if factors extraneous to the normal use of the Product have played a part.
Once the Product is received, the authorised Assistance Centre will proceed with the respective standard and quality control and, if the defect of conformity is identified, will send to You a replacement Product. If, at the outcome of the control, the Product is not found to have any defect of conformity, the Merchant will inform You of the costs required for the replacement. You will be charged all costs relating to the transportation of Products that do not have defects of conformity.
10. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
The Merchant guarantees the authenticity of all Products purchased on the E-Shop.
The brand “SMEG“, along with the set of figurative and non-figurative trademarks and service marks, present on the Products, on the respective accessories and/or packaging, shape marks, whether or not they are registered, along with all illustrations, images and logos protected by copyright and, more generally, all intellectual property rights relating to the Products are and will remain the exclusive property of Smeg and its assignees.
11. APPLICABLE LAW AND COURT WITH JURISDICTION
These Terms of Sale and, consequently, contracts entered into with Customers, are governed by Italian law and will be interpreted on the basis of the same (therein including Italian Legislative Decree no. 206 dated 6 September 2005, “Consumer Code” and, in particular, “Chapter I, Title III of Part III“, as well as Italian Legislative Decree no. 70 dated 9 April 2003, “E-Commerce Decree”). Notwithstanding the foregoing, nothing in these Terms of Sale, including in this Article 11, affects Your rights as a consumer to rely on any mandatory provisions of local law.
Each party agrees that if there is a dispute relating to the interpretation, validity and/or implementation of these Terms of Sale and/or any order, the legal proceedings relating to that dispute must be brought in the courts in the place of residence or domicile of the Customer, and not to the courts of any other country.
Alternatively, the Customer may choose to access the platform for extrajudicial dispute resolution provided by the European Commission, present on the website http://ec.europa.eu/odr
For further information and assistance on the E-Shop or on the online purchasing methods, You may contact the Merchant at the following details: firstname.lastname@example.org.