General conditions of Sale, in force from 06/28/2023
PREMISE
This information is provided for the site https://sbamglass.com/(Site).
Seller details: SBAM srl - Via Eusebio Bava 8c (TO) - VAT number and tax code - 12790980010 - Rea TO - 1316759 - Share capital €10,000 i.v. - PEC sbamglass@pec.it(Salesperson)
Service sold on the Site: Glass furnishing objects (Service).
Art. 1 Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If made possible by the Site, entering your tax code when making a purchase implies that you are acting as a "Consumer".Please note that the quality of Consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. If, however, the possibility of entering the VAT number (his or that of a legal person) is given, this implies a purchase as a "Professional". The natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, holds the status of Professional. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the real ones due to the settings of the IT systems or the computers you use to display them.
1.4 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities.
1.7 The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.
1.8 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.9 Unless otherwise agreed with the Seller, it is not possible to send orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 All elements of the Site are the property of the Seller or third parties. Except with the specific written consent of the Seller, it is prohibited to reproduce, in whole or in part and by any process whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site.
1.11 The Seller cannot under any circumstances be held liable towards you or third parties for any indirect, incidental, special or consequential damage. This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Site or from the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete and up-to-date.
1.12 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved. The Seller may organize competitions and prize operations reserved for users of the Site. The regulations of each competition or prize operation will be available for consultation in a specific section of the Site. Where the prizes consist of discount vouchers, purchase vouchers or equivalent forms, they do not under no circumstances can they be converted into cash.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you enter on the Site.
2.3 You guarantee that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and harmless from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of your access credentials to the Site.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site it is not necessary to accept these General Conditions of Sale. In any case, sending the purchase order constitutes acceptance of this document.
2.6 After purchasing, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increases; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.7 To use the services offered for sale on the Site, payment of a deposit is not required.
Art. 3 Prices
3.1 On the Site:
3.2 The Seller reserves the right to change the price of the Services at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations will not be taken into account (increasing or decreasing) following the transmission of the same.
3.3 The purchase contract is decisively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.
Art. 4 Payment methods
4.1 This article describes the payment methods available on the Site. The user can in any case contact the Seller for further information.
4.2 On the Site you can purchase using payment cards. The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to complete the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Service.
4.3 This article indicates the credit and/or debit cards accepted on the Site.
- MasterCard.
- ApplePay.
- Shopify Payments.
- Google Pay.
- VISA.
4.4 On the Site it is not possible to pay by bank transfer.
4.5 On the Site it is possible to make purchases using discount coupons, vouchers or coupons. If the value of the discount code is less than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount vouchers be converted into cash.
4.6 Any methods other than those described above may be regulated in this article:
- On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
- Payment through the Site can also be made using the "Satispay" payment solution. If the user chooses payment via Satispay, the user will pay for the Products via the appropriate application ("Satispay App"), according to the procedure established and governed by Satispay Europe S.A. ("Satispay") and the terms and conditions of the contract agreed between the user and Satispay. In the case of payment through Satispay, the Total Amount Due will be charged by Satispay to the user at the time the order is sent, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to the user's Satispay account. The credit times on the instrument and/or payment method connected to this account depend exclusively on Satispay and on the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact Satispay directly. .
Art. 5 Right of withdrawal
5.1 The user is invited to read this article with particular attention, which regulates the right of withdrawal.
5.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. You can exercise this right within 14 calendar days from the conclusion of the contract. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller.
The Seller refrains from using any content, other than personal data, that has been provided or created by the Consumer during the use of the digital content or digital service provided by the Seller, except when such content: (i) is free of utility outside the context of the digital content or digital service provided by the Seller; (ii) concerns only the Consumer's activity when using the digital content or digital service provided by the
Salesperson; (iii) has been aggregated by the Seller with other data and cannot be disaggregated or can only be disaggregated with disproportionate efforts; (iv) was generated jointly by the Consumer and others
people, and whether other consumers can continue to use it.
Except for the situations referred to in points (i), (ii) and (iii) of the previous paragraph, the Seller, upon request of the Consumer, makes available to the latter any content, other than personal data, provided or created by the Consumer when using the digital content or digital service provided by the Seller. The consumer has the right to recover such digital content from the Seller free of charge and without hindrance, within a reasonable period of time and in a commonly used and machine-readable format.
In case of withdrawal from the contract, the Seller may prevent any further use of the digital content or digital service by the Consumer, in particular
by making such content or digital service inaccessible to him or by deactivating his user account, without prejudice to the provisions of the preceding paragraphs.
Any exceptions to the right of withdrawal are reported in this article 5. If there are no exceptions to the right of withdrawal, this article 5 applies in full.
5.3 The exclusion of the right of withdrawal described in the previous article does not apply to this Site. Therefore, if you are a Consumer, you have the right to withdraw from the Service purchase contract without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days, starting from the date of forwarding the purchase order for the Service (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Introduction, or use the contact form that may be present on the Site. If the withdrawal is applicable, the Seller will proceed with the reimbursement of the Total Amount Due, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction.
Art. 6 Legal Guarantee of Conformity
6.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
6.2 The Seller is responsible towards the Consumer for any lack of conformity of the Service that occurs within two years of purchase. The action aimed at asserting defects not maliciously concealed by the Seller is barred, in any case, within twenty-six months of the provision of the Service. In the event of a lack of conformity of the Service, the Consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by articles 135-bis et seq. of the Consumer Code. The Consumer is invited to view articles 128 and following of the Consumer Code.
6.3 If you have purchased as a Professional, the previous articles do not apply.
Art. 7 Cout-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
7.1 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not however been possible to resolve the dispute thus arising, the Seller will provide the relevant information to the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute itself.
7.2 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following addresshttp://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
7.3 In any case, the right of the Consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is without prejudice to the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation is available on the websitehttp://www.eur-lex.europa.eu.
Art. 8 Customer service
8.1 You can request information, send communications, request assistance or submit complaints by contacting Seller at the addresses indicated in the Introduction, or using the contact form that may be present on the Site.
8.2 The Seller responds within an indicative time equal to 1 working day.
Art. 9 Material published on the Site. Reviews
9.1 Any material published on the Site is protected by copyright law no. 633 of 1941 and subsequent amendments. Without authorization from the Seller or the third party copyright holder, it is prohibited to copy, publish, modify or use in any way and for any purpose any material published on the Site.
9.2 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site allows the publication of reviews by users. The Seller guarantees that the reviews published come from consumers who have actually purchased or used the Service. This is because the user receives an email after purchasing on the Site containing a request to publish their review on the Site. Therefore, given that the email is received only after the purchase, it is reasonable to assume that the relevant review is attributable to to a real shopping experience on the Site by the user. Among the reviews published on the Site, some may have been solicited, for example by sending a discount voucher. In this case, this circumstance is duly indicated on the requested review. Furthermore, reviews originating from sponsorships or a relationship with a professional (e.g. influencer) may be published; this circumstance is also given due information in the relevant review.
9.3 The tool for publishing reviews is Judge.me, from the company Judge.me Ltd. For more information on this tool you can view the page https://judge.me/.
Art. 10 Applicable law. Applicable forum
10.1 Purchase contracts concluded through the Site are governed by what is indicated in these General Conditions of Sale and, to the extent not provided for, by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in this country of any more favorable and mandatory provisions provided for by the law of the country in which they have their residence or habitual domicile.
10.2 Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has chosen domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of the Introduction.
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