GENERAL TERMS AND CONDITIONS OF SALE
(Updated: 01.01.2023)
TABLE OF CONTENTS
4. MAIN CHARACTERISTICS OF THE PRODUCTS
9. WARRANTIES AND LIMITATIONS OF LIABILITY
10. OUT-OF-COURT SETTLEMENT OF DISPUTES AND COMPLAINTS
1. DEFINITIONS
1.1. For the purposes of these General Terms and Conditions of Sale:
- “Supplier” or “Lender” means the legal entity exercising its entrepreneurial, commercial, craft, or professional activity. For the purposes of this Agreement, “Supplier” or “Lender” means the company FEBA SRL, owner of the Sollevapratico.it brand, with Registered Office in Villar San Costanzo (CN), Via Roma 16, Operating Office in Marene (CN), Via E. Melano 4C, tax code, registration with the Companies’ Register and VAT number 03476830041, REA CN-293666, which sells Products through its Website sollevapratico.it.
- “Sollevapratico.it”, the registered trademark owned by the Supplier. For the purposes of these Terms and Conditions, the trademark “Sollevapratico.it” may be used to identify the Supplier.
- “Service Recipient” (also “User,” “Customer,” or “Buyer”), the non-consumer natural or legal person acting for purposes related to the entrepreneurial, commercial, craft, or professional activity exercised, who makes a purchase through the website.
- “Consumer” means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out, who makes a purchase through the website.
- “Contract”, the following General Terms and Conditions of Sale.
- “Website/Site” refers to the website www.sollevapratico.it, owned by the company FEBA SRL, owner of the Sollevapratico.it trademark.
- “Product” means any good marketed by FEBA SRL through its website.
- “Information Sheet” or “Brochure” refers to the document that contains the main technical characteristics of the Product, which can be consulted and downloaded by the User in PDF format before the conclusion of the purchase procedure.
1.2. Defined expressions can be understood both in the singular or plural form.
2. GENERAL PROVISIONS
2.1. These General Terms and Conditions of Sale govern the offer and sale of Products through the Website sollevapratico.it by the company FEBA SRL, owner of the brand Sollevapratico.it, with Registered Office in Villar San Costanzo (CN), Via Roma 16, Operating Office in Marene (CN), Via E. Melano 4C, tax code, business registration, and VAT number 03476830041, REA CN-293666, telephone 0172 1730403, fax 0172 1730404, e-mail address info@sollevapratico.it, PEC address febasrl01@pec.it.
2.2. The Site is owned by FEBA SRL, which is the exclusive owner of the rights of exploitation of the relevant domain names, trademarks, and distinctive signs.
2.3. FEBA SRL, through its website, is engaged in the marketing of professional lifts, including manual lifts, construction lifts, glass, and window and door frame movement lifts, air conditioner lifts, and curtain assembly.
2.4. The offer and sale of Products through the website constitute a distance contract governed by Legislative Decree No. 70 of 9 April 2003 on the regulation of electronic commerce. These General Conditions of Sale, therefore, apply to all distance contracts concluded with FEBA SRL through the website.
3. SERVICE OPERATION
3.1. To conclude a contract for the purchase of a Product, the User must complete an order in electronic format and transmit it to Sollevapratico.it, electronically, following the instructions indicated on the Site and accepting these General Conditions of Sale.
3.2. In order to complete the purchase process and before proceeding to the payment, the User must create his or her personal Account by filling out the appropriate form and indicating the mandatory and optional data, entering his or her first name, last name, residential address, a telephone number, an e-mail address, and a password, and clicking on the “Register” button. The creation of the Account is free of charge and presupposes acceptance of the Terms of Use of the Site, available online via the appropriate link placed at the bottom of the website.
3.3.User warrants that the personal information provided during the registration or purchase process is complete and truthful and agrees to indemnify and hold Provider harmless from any and all damages, compensatory obligations, and/or penalties arising out of or in any way connected with User’s violation of the rules on registration with the website or retention of registration credentials.
3.4. Pursuant to Article 12 of Legislative Decree No. 70 of April 9, 2003 (implementation of Directive 2000/31/EC on electronic commerce), the General Conditions of Sale are made available to the User so that their storage and reproduction are permitted. In particular, prior to placing the purchase order, the Customer is entitled to view and download the PDF file of this Agreement.
3.5. The presentation of the Products on the website cannot be understood as an offer to the public, pursuant to art. 1336 c.c., but rather as a simple invitation addressed to the Customer to make an offer. Each order transmitted by the Customer to Sollevapratico.it, therefore, constitutes a contractual proposal of the former, with the effect that the same will be binding on the Supplier only upon receipt by the User of the Supplier’s notice of acceptance (so-called “receipt of order”), pursuant to art. 1226, paragraph 1, Civil Code, therefore after verification, by the same, of the availability of stock.
3.6. The communication of the order receipt will take place, in accordance with the provisions of Art. 13 Legislative Decree 9 April 2003, n. 70, electronically, to the email address provided by the User during registration or purchase and will contain a summary of the General Conditions of Sale (i.e. a hyperlink to this document), information relating to the essential characteristics of the Product purchased, a detailed indication of the price, the payment instrument used, any right of withdrawal, delivery costs and any applicable taxes.
3.7. The General Conditions of Sale may be amended at any time. Any amendments and/or additions will be applicable from the moment they are published on the Site, in the “General Conditions of Sale” section, indicating the version and date of update. Users are therefore invited to regularly access the website and consult the most updated version of the General Conditions of Sale before making any purchase. Users are permitted to store and reproduce this Agreement, as well as all other information that Sollevapratico.it provides on its website, both before and during the purchase process.
3.8. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is sent and are available in Italian.
3.9. The Contract, signed by the Customer for acceptance, will be kept by the Supplier.
4. MAIN CHARACTERISTICS OF THE PRODUCTS
4.1. The main features of the Products are detailed in the Information Sheet (so-called “Brochure”) of each Product, which can be consulted and downloaded by the Customer in PDF format before the conclusion of the purchase procedure.
4.2. Information regarding the essential characteristics of the purchased Product, contained in the Brochure, will be sent to the User together with the order confirmation, in accordance with the provisions of art. 13 Legislative Decree 9 April 2003, n. 70.
4.3. The images and descriptions on the Website reproduce as closely as possible the characteristics of the Products. In any case, such images must be understood as indicative and with the tolerances of use. For the purposes of the Contract, the description contained in the information sheet and set forth in the order form transmitted by the User shall prevail.
5. PRICES
5.1. All Product prices posted on the Website are in Euros and are not inclusive of VAT applicable by law (example: € 1,000.00+VAT). The prices displayed on the Site refer to the price of the Product only, net of shipping, taxes and any other additional costs.
5.2. Pursuant to Article 7, paragraph 1, letter h), Legislative Decree No. 70 of April 9, 2003, the website will indicate to the Customer, clearly and unequivocally, the prices and rates of the various services provided, highlighting whether or not they include taxes, delivery costs or other. The total cost of the Product, including any added charges, if any, will be displayed before the order is confirmed.
5.3. Sollevapratico.it reserves the right to change the price of its Products at any time, without prior notice, it being understood that the price charged to the Customer will be the price indicated on the website at the time the order is placed and that no account will be taken of any variations subsequent to the transmission of the same, except in cases where the prices indicated on the Website with reference to a particular Product are disproportionately incompatible with normal market prices due to obvious material mistakes.
6. PAYMENT METHODS
6.1. Payment for products marketed on the website can be made by credit card (CartaSì, MasterCard, American Express, Visa) and bank transfer in advance.
6.2. Credit card payment transactions are made using STRIPE’s encryption systems, placed to protect the transactions made. Confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor. The Supplier does not store the data of the credit card used by the Customer to pay for the Products.
6.3. In the event of payment by bank transfer in advance, the Customer may arrange the payment to the bank details indicated on the Site during the purchase process, in the specific section dedicated to the choice of payment instrument. Sollevapratico.it reserves the right to ship the purchased Products once the crediting of the price has been verified.
7. DELIVERY
7.1. Sollevapratico.it undertakes to deliver the purchased Products in the state in which they are at the time of sale, according to the information sheet (“Brochure”) and on the web page dedicated to the description of the Product itself.
7.2. Delivery methods, as well as shipping costs, will be displayed by the Customer prior to order confirmation. Shipping will be made only in Italy by MBE Courier (MAIL BOXES ETC).
7.3. Pursuant to art. 1510, paragraph 2, c.c., Sollevapratico.it is released from the obligation of delivery by remitting the purchased Product to the carrier, who will deliver it to the Customer in the manner selected by the same during purchase. The risk of loss of or damage to the Products, for reasons not attributable to the Supplier, is transferred to the Customer at the time the carrier materially takes possession of the Product.
7.4. In the event that the delivery is unsuccessful, due to the absence or unavailability of the Recipient, the carrier will make a second attempt at access, after contacting the Buyer by telephone, within the next twenty-four hours. If the second delivery attempt is also unsuccessful, the Supplier will be responsible for contacting the Buyer in order to arrange a third delivery.
7.5. In the event that the three delivery attempts are unsuccessful, the order will be deemed canceled and the Contract terminated as of right. The Supplier will refund the price paid, retaining the amounts charged by the carrier for delivery attempts, plus any costs for custody/deposit/storage of the products with the carrier.
8. RETURNS
8.1. Sollevapratico.it does not accept returns of Products, unless previously agreed and expressly authorized in writing, and, in any case, only carriage is paid. This is without prejudice to the mandatory provisions on withdrawal provided for users Consumers, referred to in Articles 13.2 et seq. as well as the provisions on warranty, referred to in Article 9 below.
9. WARRANTIES AND LIMITATIONS OF LIABILITY
9.1. In accordance with Article 1490 of the Civil Code, the Supplier warrants that the Product sold is free from defects that render it unfit for its intended use or appreciably diminish its value.
9.2. Sollevapratico.it does not guarantee that (i) the functions of the Products sold will be suitable to meet the Customer’s requirements or will enable the Customer to achieve the objectives Customer has set, (ii) the Products will function in the environment identified for Customer’s use.
9.3. In the cases set forth in Article 1490 of the Civil Code, Supplier agrees to remedy any defect, lack of quality, or lack of conformity of the Products attributable to it, occurring within twelve months after delivery of the Products. The Supplier may choose to repair or replace Products found to be defective or, if necessary, refund the purchase price. Except in the case of willful misconduct or gross negligence, the Supplier shall be obligated, in the case of defects, lack of quality, or lack of conformity of the Products, only to repair the same or to supply replacement Products for the defective Products or, in the extreme alternative, to refund the price.
9.4. The Buyer forfeits the right to the warranty if he fails to report the defects to the Supplier within eight days of discovery. The period for reporting defects and apparent quality defects shall run from the day of delivery. The action shall be prescribed, in any case, within one year from delivery of the Product.
9.5. The warranty will be denied whenever the Product has been subjected to alteration, tampering, unauthorized repair, or any intervention other than the normal use of the Product itself. Similarly, the warranty will not operate in cases where the User has failed to comply with the provisions set forth in the use and maintenance manual.
9.6. It is understood that the aforementioned warranty, consisting in the obligation to repair or replace the Products, is absorbent and in lieu of the warranties or liabilities provided by law, including for damages, and excludes any other liability of the Supplier however originating from the Products supplied. Sollevapratico.it shall not be obliged to compensate for damages related to lost profit that may be suffered by the Buyer or third parties, damages that may result from the interruption of its own or third parties’ production activities, as well as any damages claimed by the Customer. It is also excluded any liability of Sollevapratico.it for damages of any kind and for any reason suffered by the User or third parties, resulting from improper or illegitimate use of the purchased product.
10. OUT-OF-COURT SETTLEMENT OF DISPUTES AND COMPLAINTS
10.1.The Supplier informs its Customers that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used to resolve, non-judicially, any dispute relating to and/or arising out of contracts for the sale of goods and services entered into online. The ODR platform is available at the following web address: https://ec.europa.eu/consumers/odr/.
10.2.For any reports, complaints, or for any communication, the Customer may contact FEBA SRL (Sollevapratico.it) at Via E. Melano 4/B-C, Marene (CN), at 0172 1730403, or write an e-mail to info@sollevapratico.it, or a PEC to febasrl01@pec.it.
11. COMPETENT COURT
11.1. Any dispute that may arise between Supplier and Customer regarding the interpretation, execution or termination of this Contract shall be referred to the exclusive jurisdiction of the Court of Cuneo.
12. APPLICABLE LAW
12.1. These General Conditions of Sale are governed by Italian law.
13. MANDATORY RULES
13.1. Pursuant to Art. 1469 bis et seq., Civil Code, if any provision contained in the Contract is not applicable to the User as a Consumer, the remaining parts of the Contract will still remain effective.
13.2.The Customer, if a Consumer, has a period of fourteen days to withdraw from the contract, without having to provide any reasons, without any penalty, and without incurring any costs other than the possible cost of returning the products.The withdrawal period ends after fourteen days from the day the Consumer acquires physical possession of the goods.
13.3. The right of withdrawal is exercised by sending, within the aforementioned period of fourteen calendar days, a written notice to the Supplier, by registered letter with acknowledgment of receipt, to be sent to FEBA SRL, with Registered Office in Villar San Costanzo (CN), Via Roma 16, or by transmitting a certified e-mail message to the PEC address febasrl01@pec.it. The registered letter with acknowledgment of receipt shall be deemed to have been sent on time if it is delivered to the accepting Post Office within fourteen days of the conclusion of the contract or the delivery of the goods. The burden of proof regarding the exercise of the right of withdrawal in accordance with this Article shall be on the Consumer.
13.4. In the event of a validly exercised withdrawal, the Supplier undertakes to refund the payment received from the Consumer without undue delay and in any event within fourteen days from the day on which it is informed of the Consumer’s decision to withdraw from the contract. The Supplier also undertakes to execute the refund referred to in the first period using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any costs as a consequence of the refund. Pursuant to Article 56(2) of the Consumer Code, the Supplier is not required to reimburse additional costs if the Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Supplier. In addition, the Supplier may withhold the refund due until it has received the goods.
13.5. The Consumer agrees to return the goods to the Supplier, using a carrier of the Consumer’s choice and at the Consumer’s own expense, without undue delay and in any case within fourteen days from the date on which the Consumer notified the Supplier of his decision to withdraw from the contract pursuant to Article 54. The deadline is met if the Consumer returns the goods before the expiration of the fourteen-day period. The Product, properly packaged, must be sent to the following address: FEBA SRL, Headquarters, Via E. Melano 4/B-C, Marene (CN).
13.6. The Consumer shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics, and operation of the Product. In any case, the Product must be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with the labels where present, still attached to the product, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the product in its entirety. It cannot, therefore, be exercised in relation to parts and/or accessories of the Product.
13.7. The right of withdrawal is excluded in all cases provided for in Article 59, paragraph 1, Consumer Code. In the event that, recurring one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Information Sheet and, in any case, during the purchase process, before the Consumer proceeds to the transmission of the order.
13.8. Notwithstanding Article 7, the Supplier undertakes to deliver the products to the Consumer without undue delay and, at the latest, within thirty days from the date of conclusion of the contract. The delivery obligation is fulfilled by transferring the material availability or otherwise control of the goods to the Consumer. Pursuant to Article 61(3) of the Consumer Code, if the Supplier fails to fulfill the obligation to deliver the goods within the period referred to in the preceding sentence, the Consumer is required to send the Supplier to make delivery within an additional period appropriate to the circumstances. If the additional period thus granted expires without the goods having been delivered to him, the Consumer shall be entitled to terminate the contract.
13.9.The risk of loss of or damage to the Products, due to causes not attributable to the Supplier, shall transfer to the Consumer only at the moment when the latter, or a third party designated by him and other than the carrier, materially takes possession of the goods. The risk of loss of or damage to the Products shall already transfer to the Consumer at the time of delivery of the goods to the carrier if the carrier was chosen by the Consumer and such choice was not proposed by the Supplier, without prejudice to the Consumer’s rights against the carrier.
13.10. Notwithstanding the previous art. 11.1., pursuant to art. 66 bis of the Consumer Code, the mandatory territorial jurisdiction shall be of the Judge of the place of residence or domicile of the Consumer, if located in the territory of the State. Otherwise, any dispute relating to the sale of Products of the Supplier shall be the exclusive jurisdiction of the Court of Cuneo.
13.11. In the event that any clause of this Contract is declared invalid, including as a result of legislative changes, the Parties shall be relieved of all obligations arising from that clause, to the extent that it is declared invalid. If any clause is declared invalid, it shall not affect the invalidity of this Contract.