General terms and conditions of sale
www.dormireacinquestelle.it is a portal owned by SAVIFIN S.r.l. (hereafter PORTAL), E-mail address: email@example.com, with registered office in Via Volta 34, 20825 Barlassina (MI) P.I. 02238390963 / Fiscal Code 08682330157 (henceforth SAVIFIN).
The PORTAL is dedicated exclusively to retail sales. The general conditions of sale are governed by Italian law and in particular by Legislative Decree 70/2003 relating to electronic commerce and by Legislative Decree 206/2005 with specific reference to the legislation on distance contracts.
- General Provisions
- Content and Object of the contract
- Access and use of the PORTAL
- Conclusion of the Purchase Agreement
- Sales Price and Payment
- Delivery of Goods, Terms and Conditions
- SAVIFIN's liability
- Customer Responsibilities
- Right of Withdrawal
- Warranty on goods sold
- Links to other Websites
- force majeure
- Intellectual and Industrial Property
- Legal Disputes
1. General provisions
These General Conditions regulate access, use of the PORTAL and the sale of goods and any ancillary services offered by SAVIFIN through the PORTAL, the rights and obligations arising from the contract concluded with the CUSTOMER as well as the forms of advertising sent to the CUSTOMER.
SAVIFIN may modify or suspend its use or close the PORTAL even without notice.
Anyone has the right to free access to the public information contained in the PORTAL and anyone who accesses has the right to register as a USER, with no obligation to purchase but undertakes to use the PORTAL, and any related service, including data and/or or information, exclusively for lawful purposes and in compliance with all conditions of use wherever specified in the PORTAL.
SAVIFIN is totally exempt from any liability deriving from any illicit use and/or violation of any applicable legislation.
For the purposes of these general conditions of sale and the relationship that will be established between SAVIFIN and the USER/CUSTOMER, the following terms will have the meaning indicated below, their meaning will not be influenced by their use in the singular and/or or in the plural:
- GENERAL CONDITIONS: these are all the conditions of sale or clauses contained in this document, which form an integral and substantial part of the contract that will exist between the Customer and SAVIFIN for any sale made from the PORTAL or by telephone communication. li>
- SAVIFIN: is the company that intends to sell through the PORTAL.
- USER: means any visitor to the PORTAL owned by SAVIFIN until the PURCHASE OFFER is formulated.
- CUSTOMER: means the person who has formulated the PURCHASE PROPOSAL with which the purchase contract will be concluded in compliance with the provisions of these GENERAL CONDITIONS. The CUSTOMER will be considered as a CONSUMER in the case of a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; will be considered as a PROFESSIONAL USER in the case of a natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity.
- PRODUCTS: are all the products marketed by SAVIFIN that are part of its assortment and published on the PORTAL.
- PORTAL: is the set of web pages relating to dormacinquestelle.it owned by SAVIFIN.
- REGISTRATION: with registration, the CUSTOMER provides personal information, in compliance with current legislation, to SAVIFIN by entering it in the appropriate section of the PORTAL, in order to conclude a purchase contract without being bound by this, a phase that will take place with the subsequent sending of the ORDER CONFIRMATION by SAVIFIN.
- PURCHASE PROPOSAL: duly completed in all its parts, with its submission to SAVIFIN by the CUSTOMER it constitutes the expression of the CUSTOMER's will to purchase the PRODUCTS selected under the GENERAL CONDITIONS and under the other conditions indicated on the PORTAL and/or on the PURCHASE OFFER itself.
- ORDER CONFIRMATION: is the communication sent by SAVIFIN to the CUSTOMER, by e-mail, as acceptance of the PURCHASE PROPOSAL formulated by the CUSTOMER. The ORDER CONFIRMATION is valid as an act of completion of the sales contract. SAVIFIN reserves the right to accept or not the PURCHASE PROPOSAL. ORDER: it is the PURCHASE PROPOSAL, sent to SAVIFIN by the CUSTOMER, after its acceptance by SAVIFIN and identifies the PRODUCTS covered by the sales contract.
- CONTRACT: defines the goods and ancillary services covered by the sales contract concluded between the CUSTOMER and SAVIFIN using the PURCHASE PROPOSAL-ORDER CONFIRMATION formula.
- LINKS: links to other websites or other Internet resources.
- VECTOR: person in charge of delivering the goods to the CUSTOMER, possibly indicated and made known to the CUSTOMER with communication from SAVIFIN.
- PARTIES: means USER and/or CUSTOMER and SAVIFIN collectively.
- COMMUNICATIONS WITH SAVIFIN: SAVIFIN declares that it wishes to be contacted, except as specified below, at the email address: firstname.lastname@example.org.
3. Content and object of the contract
The following constitute full acceptance of these GENERAL CONDITIONS:
- sending the PURCHASE PROPOSAL to SAVIFIN by the CUSTOMER, via check-out after having inserted the products of interest into the cart;
- payment of the requested fee, following the guided steps on the PORTAL;
- ORDER CONFIRMATION from SAVIFIN which will be sent by e-mail and will contain the CUSTOMER's order references in the text.
For all legal purposes, it will be understood that the CUSTOMER has accepted the GENERAL CONDITIONS and the other conditions indicated from time to time on the PORTAL, by pressing the "Accept" or "Confirm the order" button (or other equivalent wording which may also vary over time).
SAVIFIN may modify, in whole or in part, these GENERAL CONDITIONS by applying new agreements, which will be effective from the moment of publication on the PORTAL and will be applied only to sales concluded after such publication.
For anything not covered in these GENERAL CONDITIONS, the Parties expressly refer to the provisions of the law.
4. Access and use of the PORTAL
Access to the PORTAL:
Access to the PORTAL www.dormireacinquestelle.it is free for anyone who is interested.
Registration on the PORTAL is free, it can be done by any USER and there is no obligation to purchase. It is understood that the USER who intends to purchase one or more goods offered by SAVIFIN must necessarily register on the PORTAL.
Registration will take place by entering, in the appropriate form contained in the PORTAL, all the data requested and deemed essential by SAVIFIN, as well as any useful or necessary information for the correct conclusion of the sales contract.
The USER undertakes to protect and guarantee the confidentiality of their access credentials.
SAVIFIN will in no case be held responsible for any damages deriving to the USER from theft, loss or theft, improper or fraudulent use of access credentials, even by third parties, unless a direct responsibility of SAVIFIN itself is ascertained.
The USER undertakes not to perform any action that may interfere with the correct functioning of the PORTAL, or interfere with the correct use of the PORTAL by others.
The information available on the PORTAL is constantly updated and is the property of SAVIFIN, or has been licensed for use by third parties. The USER undertakes not to:
- copy, reproduce, alter, modify or disclose the contents of the PORTAL (with the exception of one's personal information) without the express written authorization of SAVIFIN, or the express consent of the third party owners of intellectual property rights on such contents ;
- make offers to buy or sell the products published on the PORTAL.
Limitation of liability on the use of the PORTAL by Users
The USER/CUSTOMER declares and guarantees to access and use the PORTAL under his own exclusive responsibility. The information relating to products and services offered for sale on the PORTAL have the mere purpose of indicating the main characteristics of the goods offered for sale.
5. Conclusion of the Purchase Agreement Purchase ProposalPurchase proposal
The PURCHASE PROPOSAL is concluded with the USER's access to the PORTAL, using remote communication technology via the Internet or, in special cases, by communication by telephone or fax or ordinary mail, by contacting Customer Service. A necessary condition is that the USER registers by creating his own personal account and generating the access credentials.
The PURCHASE PROPOSAL becomes legally effective and binding for the CUSTOMER after he has confirmed by pressing the "Accept" or "Confirm the order" button (or other equivalent wording which may also vary over time) and having made the payment .
By sending the PURCHASE PROPOSAL, the CUSTOMER becomes responsible for the truthfulness of the information provided and acknowledges SAVIFIN's right to assume any references and information on his account, necessary for the correct execution of the sales contract, observing the rules in concerning the Processing of Personal Data.
Purchase proposals made in ways other than those indicated above will not be accepted.
When submitting a PURCHASE PROPOSAL, SAVIFIN will electronically store all the information, including personal information, contained therein, assigning a progressive order number.
Unilateral changes to information:
SAVIFIN may modify the information present on its PORTAL, relating to the goods offered to the CUSTOMER such as, by way of example but not limited to: technical characteristics, description, warranty period, manufacturer's brand, photograph. The purchased good may undergo, based on the availability of the manufacturer/supplier, non-substantial changes in the components, characteristics or performances of the lot that integrates it, provided that they do not lead to a decrease in the advertised qualities and performances.
6. Sale price and payment
Determination of the selling price
The final sale price includes the price of the purchased goods indicated on the PORTAL inclusive of VAT and shipping costs (unless expressly excluded) expressed in EURO.
The final sale price, therefore, will be communicated to the CUSTOMER in the purchase process before he presses the "Accept" or "Confirm the order" button (or other equivalent wording which may also vary over time).
Unilateral price changes
SAVIFIN reserves, unilaterally and at any time, the right to modify the price of the goods and services indicated on its PORTAL. In order to guarantee the CUSTOMER the transparency and security of the price of the goods purchased, the amount charged will in any case be that indicated on the PORTAL at the time the PURCHASE PROPOSAL is sent by the CUSTOMER. In case of modification of an order, the price of the new products will be the one indicated in the PORTAL at the time of the modification if the products are different from those included in the original order, while the price indicated at the time of sending the PROPOSAL will remain applicable. PURCHASE by the CUSTOMER if the change only concerns the quantity of products already ordered. It is understood that the prices of the individual products, indicated from time to time on the PORTAL cancel and replace the previous ones.
Methods of payment
The payment of the sums owed to SAVIFIN by the CUSTOMER following the conclusion of the CONTRACT can only take place using one of the methods indicated by SAVIFIN on the PORTAL at the time the PURCHASE PROPOSAL is sent by the CUSTOMER and/or in the subsequent ORDER CONFIRMATION by SAVIFIN. The choice of the payment method by the CUSTOMER may lead to a deferment of the delivery times of the goods, without any liability for SAVIFIN. Delivery will only take place following full payment.
Unless otherwise agreed, payment can only be made by PayPal, Credit Card, Bank Transfer to current account in the name of SAVIFIN, or any other suitable method defined and authorized by SAVIFIN.
Pursuant to and for the purposes of article 1523 of the Civil Code, SAVIFIN reserves the domain and will retain full ownership of the product sold until full payment is made by the CUSTOMER who, however, already from the moment of delivery, assumes all risk, including the perishing of the property, its damage and any liability for damages that its improper use could cause to third parties.
For each order, SAVIFIN will issue a specific tax invoice made out to the natural or legal person who placed the order, which will be delivered together with the products upon delivery by e-mail to the address designated by the CUSTOMER. The CUSTOMER is solely responsible for the accuracy and truthfulness of the information provided to SAVIFIN for billing purposes. Once the ORDER CONFIRMATION has been received, it will no longer be possible to change the data of the order holder but only, possibly, the recipient of the goods or the place of delivery as indicated below.
7. Delivery of goods, terms and conditions
SAVIFIN will do its best to deliver the goods purchased by the Customers in the shortest possible time, however, for logistical reasons, the times required for delivery may vary in relation to several factors, such as: the availability of the ordered products in the warehouse, the method of payment and place of delivery.
In any case, the estimated times for delivery will be made known to the CUSTOMER in the email sent by Customer Service upon delivery of the goods/goods to the carrier, with the tracking reference or other suitable method.
Any delays cannot give rise to claims for compensation for any direct or indirect damages by the purchaser. Any strikes, transport suspensions, suspension of activity by order of the authorities, etc. constitute force majeure not attributable to SAVIFIN, which will in any case try to carry out the delivery in the shortest possible time.
SAVIFIN reserves the right to deliver the products ordered to the CUSTOMER by trusted couriers and/or shippers or directly with its representatives.
The delivery of the order generally takes place on the day indicated in the shipment tracking e-mail, even if this date does not bind SAVIFIN to mandatory delivery on the day indicated in the e-mail.
The terms of quantitative availability and delivery of the goods communicated by SAVIFIN must be considered indicative and not essential. The risk deriving from the loss, damage and manipulation of the purchased goods, including any damage caused to the CUSTOMER or to third parties deriving from the improper use of the goods themselves, will be transferred to the CUSTOMER from the moment of delivery of the goods.
Availability of goods
The availability of goods indicated on the PORTAL is calculated with reference to orders processed on the same day of receipt of the PURCHASE PROPOSAL by the CUSTOMER.
As a consequence of the payment by bank transfer, credit card or PayPal account, the order will be processed only after the completion of the operation, meaning as such the crediting of the payment of the price to the SAVIFIN current account.
It will be SAVIFIN's responsibility to promptly inform the CUSTOMER regarding the availability and delivery times of the products. In the case of cumulative orders, even formulated at the same time, SAVIFIN will be able to arrange, at its own expense and expense, also for separate deliveries and at different times.
Delivery of goods
For the delivery of the goods purchased by the CUSTOMER, SAVIFIN will make use of the CARRIER. The goods covered by the order will be delivered in sealed packages or envelopes. For the delivery of the PRODUCTS, the presence of the CUSTOMER or his representative is required at the address and at the time indicated on the order.
In any case, the transport document will constitute proof of delivery to the CARRIER.
Delivery will take place at street level, for any requests for delivery to different floors, by completing the ORDER PROPOSAL, the CUSTOMER will make a specific request to SAVIFIN which will prepare a specific cost estimate based on the request. In the simplest cases, the estimate will be immediate.
Any costs relating to the floor transport service incurred by the CUSTOMER will in any case (even in the event of withdrawal) be borne by the CUSTOMER, who will in no case be entitled to reimbursement of the related costs.
In the event that the CUSTOMER does not comply with what may have been agreed with the CARRIER, SAVIFIN will have no further obligation to supply the goods purchased by the CUSTOMER.
The CUSTOMER's task is to collaborate to be available on the day scheduled for the delivery of the goods. The CARRIER will deliver the goods together with a document oftax transport bearing the information necessary for the identification of the CUSTOMER. The CUSTOMER is required to confirm his identity or a possible proxy. In the event of a second non-delivery, the courier will return the ordered package to the sender. It will be SAVIFIN's responsibility to contact the CUSTOMER again and arrange a new shipment with costs to be borne by the CUSTOMER. Conditions and terms of delivery other than those provided for in the GENERAL CONDITIONS must be agreed in advance between the CUSTOMER and SAVIFIN and accepted by the latter through the confirmation sent by e-mail.
Place of delivery of goods
SAVIFIN will deliver the goods purchased by the Customers on its PORTAL only to the address indicated by the CUSTOMER in the PURCHASE OFFER. Any subsequent changes to the place of delivery, if accepted and confirmed by SAVIFIN, with respect to the one originally indicated by the CUSTOMER, may produce additional costs with respect to the price indicated in the ORDER CONFIRMATION which will be fully borne by the CUSTOMER. Changes in the delivery address must be communicated by the CUSTOMER to SAVIFIN by sending an e-mail to email@example.com and SAVIFIN reserves the right to accept them; in case of acceptance of the change of address, SAVIFIN will promptly notify the CUSTOMER of any additional costs.
SAVIFIN will deliver its products all over the world. Shipping costs may differ depending on the country of destination and the product chosen. In the event that the purchase is made from abroad or the CUSTOMER requests delivery to a country other than Italy, the Republic of San Marino, the Vatican City, Switzerland Canton Ticino, the CUSTOMER must first contact Customer Service, indicating the product chosen and its destination. The operators will provide confirmation of the feasibility, times and related shipping costs.
Delay in delivery of goods
If the delay in the delivery of the goods is more than 30 (thirty) working days with respect to the time indicated in the ORDER CONFIRMATION by SAVIFIN and provided that the delay is attributable to it and not attributable to the CUSTOMER or the CARRIER, the CUSTOMER, by written communication by registered letter, fax or certified e-mail, may unilaterally withdraw from the order, with the right to reimbursement of the amount already paid as advance payment.
Upon delivery of the goods, the CUSTOMER is required to check:
- that the number of packages delivered corresponds to what is indicated in the transport document (ddt);
- that the packaging is intact (not wet, punctured, folded or otherwise).
Disputes reported in this way will be confirmed by completing the appropriate form that the CUSTOMER must request from SAVIFIN by sending an e-mail to firstname.lastname@example.org and must forward, duly completed in all its parts and signed, to the same by e-mail -mail within 2 (two) days of receipt. Upon receipt of the CUSTOMER's communication, SAVIFIN will ask the CARRIER to open a transport damage case. Once the existence of the transport damage has been ascertained, SAVIFIN will arrange, in agreement with the CUSTOMER, to organize the repair or replacement of the product or, at its sole discretion, to reimburse the value.
No additional cost may be charged to the CUSTOMER for the aforementioned procedure nor any damage may be requested by the CUSTOMER from SAVIFIN.
If the CUSTOMER accepts the goods and signs the transport document without making the necessary reservations, he will not be able to subsequently claim any losses, manipulations or damages due to transport.
The CUSTOMER assumes full responsibility for what is declared regarding the goods control reserve. The goods received are understood to be tacitly accepted (and corresponding to what was ordered in terms of quality and quantity) after 2 (two) days have passed from receipt of the same without the CUSTOMER having made any complaints by any means in relation to his order.
Any notification received after the deadline will not be taken into consideration.
8. Responsibility of SAVIFIN
SAVIFIN assumes no responsibility in the event that it fails to execute the CONTRACT within the agreed times and/or for any disruptions, due to force majeure of any nature and kind (such as, by way of example and not limited to, provisions of thePublic Administration, strike by SAVIFIN or CARRIER employees, etc.) as well as for any circumstance beyond the control of SAVIFIN.
In case of discrepancy between the PRODUCT description on the PORTAL and the photo published on the PORTAL, the description prevails over the photo. The Customer Service is however available for further information regarding any PRODUCT.
9. Customer responsibility
The CUSTOMER's responsibility is to read, understand and keep these GENERAL CONDITIONS in print; the information contained in the GENERAL CONDITIONS must be viewed and accepted by the USER before sending the PURCHASE PROPOSAL, in order to fully satisfy the condition referred to in articles 3 and 4 of Legislative Decree no. 185/1999. Acceptance of the GENERAL CONDITIONS will take place by marking the appropriate space on the PORTAL. Failing this, SAVIFIN will not be able to execute the order.
The CUSTOMER's responsibility is also the communication of correct data, the compilation of the PURCHASE OFFER in all its parts.
10. Right of withdrawal
Below is all the information regarding the right of withdrawal.
The CONSUMER CUSTOMER, if not satisfied with the PRODUCT purchased from SAVIFIN, can return it and obtain a refund of the price already paid at the time of advance payment.
The costs of sending the PRODUCT from the CUSTOMER to SAVIFIN will remain the sole responsibility of the Customer.
The PROFESSIONAL USER cannot exercise the right of withdrawal.
The CUSTOMER can return the PRODUCT purchased on the PORTAL (intact and in the original packaging) to SAVIFIN within fourteen (14) working days of its receipt. In fact, pursuant to art. 64 et seq. of Legislative Decree no. 206/2005, if the CUSTOMER is a CONSUMER (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), he has the right to withdraw from the CONTRACT for any reason, without any penalty and except in the specific cases listed below.
SAVIFIN undertakes to collect the PRODUCT delivered at its own expense if this does not comply with the order as evidenced by the order confirmation. Slight differences in color attributable to the setting of the PC monitor / PDA or other electronic means through which access to the PORTAL for the formulation of the PURCHASE PROPOSAL by the CUSTOMER can not be considered products that do not comply with the order.
The CUSTOMER cannot exercise the right of withdrawal:
- in the case of purchase of non-standard PRODUCTS because they are made to measure (i.e.: mattresses/toppers/bed bases/beds/headboards/mattress covers made in different sizes from 80x190, 120x190, 160x190 cm and/or with non-standard coverings (of white color) and/or with specially customized coating in the color chosen by the CUSTOMER). All the other variants and/or dimensions, even if proposed by the PORTAL as technically feasible variants and/or dimensions, belong to the made-to-measure or personalized goods category and are not subject to the right of withdrawal as per Legislative Decree 21/2014 published in the Official Gazette n°58 of 11 March 2014 section 2 art.59;
- on purchases made by a PROFESSIONAL USER, i.e. purchases for which an invoice has been issued bearing the VAT number and/or tax code not attributable to a natural person; the right of withdrawal applies only and exclusively to purchases made by a CONSUMER CUSTOMER;
- in a manner that differs from the regulatory provisions and/or these GENERAL CONDITIONS;
- if the PRODUCT has undergone any alteration of its original conditions;
- if the PRODUCT has undergone excessive use beyond the mere analysis for the purchase decision, use that may have compromised the original state of health or hygiene of the PRODUCT or is present in such conditions that it cannot be resold (as by way of example and not limited to: wrinkled, badly packed even if in the original packaging, etc.).
SAVIFIN reserves the right, at its sole discretion, to accept the CUSTOMER's request for withdrawal without prejudice to the withholding of a penalty equal to 30% of the amount paid by the CUSTOMER for the purchase of the returned PRODUCT.
How to exercise the right of withdrawal
The CONSUMER CUSTOMER who intends to exercise the right of withdrawal must notify SAVIFIN no later than 14 (fourteen) days following the delivery of the goods via email@example.com, fax or registered letter to the SAVIFIN address. The communication must indicate:
- the CUSTOMER's willingness to exercise the right of withdrawal;
- the order number, the number and date of the invoice and of the transport document, if issued;
- the goods for which the right of withdrawal is exercised, and the reasons for the withdrawal;
- the details of the CUSTOMER's current account for crediting the amount due by SAVIFIN by bank transfer.
Before proceeding with the shipment of the PRODUCT being returned to SAVIFIN, the CUSTOMER must wait for the return authorization from the Customer Service. This authorization will be sent by email with a return authorization code. PRODUCTS that arrive at the SAVIFIN warehouse without prior authorization for return will be automatically rejected.
Following the return of the PRODUCT, if the return complies with these GENERAL CONDITIONS, the only cost borne by the CUSTOMER will be that of returning the PRODUCT itself and any ancillary charges such as, for example, shipping costs.
SAVIFIN will fully refund the price of the PRODUCT being returned, which must be returned new and in the original internal and external intact packaging, as well as any accessories, manuals and other documents connected to the PRODUCT. SAVIFIN reserves the unquestionable right to withhold a part corresponding to the value of the damage caused to the PRODUCT and/or to the packaging. The refund will be commensurate and will take into account the decrease in the value of the goods resulting from their possible manipulation.
The return of the goods must take place within 10 (ten) days of SAVIFIN's authorization of the return, exclusively by carrier or postal service.
The PRODUCTS must be returned completely intact and in the original internal and external packaging, also reasonably intact, as well as any accessories, manuals and other documents connected to the PRODUCT.The risk of loss, loss, damage to the PRODUCT and any other risk connected with the transport necessary for the return shall be borne by the CUSTOMER, without prejudice to his right to insure the shipment, bearing the related costs.
From receipt of the PRODUCT to its possible return, the CUSTOMER is required to keep it intact and keep it with the utmost care and diligence together with the original internal and external packaging as well as any accessories, manuals and other related documents to the PRODUCT. The returned PRODUCT must not show signs of wear and/or damage, the CUSTOMER being allowed to try it in order to make a decision about its purchase or compliance with the expectations or promises made by SAVIFIN.
In case of use of the PRODUCT for any other purpose except for the above, the return will not be accepted.
The amount paid by the CUSTOMER will be credited by SAVIFIN no later than 30 (thirty) days from receipt of the PRODUCT shipped by the CUSTOMER to the address specified by SAVIFIN after acceptance of the withdrawal, after verifying the correct procedure indicated in these clauses and after having checked the integrity and functionality of the returned goods, accessories and packaging.
11. Warranties on goods sold
Guarantee of conformity
SAVIFIN guarantees that products equal to those indicated and described in the PORTAL will be delivered. If the breakage or lack of a PRODUCT or the presence of an item that does not comply with the order is ascertained, the CUSTOMER has the right to request the replacement or delivery of the missing or non-compliant product.
The CUSTOMER, upon receipt of the goods, has the duty to check that the number of packages corresponds to what is reported in the transport document and that the packaging is intact. If a PRODUCT is delivered damaged or with a lack of conformity, it must therefore report in writing to the operator carrying out the delivery any external damage or the mismatch in the number of packages by affixing it to the transport document that the CARRIER will have signed for successful delivery, the wording "CONTROL RESERVE FOR...", completing with the motivation. Once the discrepancy has been ascertained, the CUSTOMER must follow the procedure referred to in point 7: Transport damage. SAVIFIN will ask the courier to open a transport damage case. Once the existence of the transport damage has been ascertained, SAVIFIN will organize the repair/replacement of the product or reimburse its value, subject to agreement with the CUSTOMER.
SAVIFIN guarantees compliance with all the regulations regarding the conservation of the PRODUCTS up to the time of deliverythe place indicated in the order. Any liability of SAVIFIN regarding the poor condition of the PRODUCTS due to inadequate conservation after the time of delivery is excluded. After 2 (two) days from the delivery date, the product automatically benefits from the guarantee provided for by law on the product (the guarantee applies to the product and not to the costs of collecting and delivering the item and any other accessory charges).
The guarantee of conformity is valid:
24 (twenty-four) months from delivery of the goods for sales made to CONSUMERS;
12 (twelve) months from delivery of the goods for sales made to PROFESSIONAL CUSTOMERS.
The guarantee of conformity is valid for the following defects:
- delivery of PRODUCTS different from those ordered by the CUSTOMER;
- non-compliance of the PRODUCT with the characteristics, use and qualities normally belonging to products of the same type;
- if the PRODUCT does not have the essential characteristics that allow its correct functioning;
- if the PRODUCT is not functional or is built with materials that deteriorate beyond the normal use for which the good is intended and prevent its functioning.
In case of delivery of PRODUCTS different from those purchased on the PORTAL, or in case of delivery of goods that do not respond to the characteristics, use and qualities normally belonging to those of the same type, the Customer must notify SAVIFIN, by e-mail to firstname.lastname@example.org or by registered letter, within 2 (two) days of delivery if the discrepancy is obvious, or within 8 (eight) days of discovery if the discrepancy is hidden or not easily identifiable . In case of delivery of a different PRODUCT, the CUSTOMER has the right to have it replaced with the PRODUCT originally purchased or, if this is not possible, SAVIFIN will offer the Customer an item of equivalent or higher value or a refund of the price paid. p>
According to the law, the CUSTOMER forfeits the right to enforce the aforementioned guarantee if he does not report the lack of conformity within 2 (two) months of its discovery.
In the event of liability for damage caused by a defective PRODUCT, SAVIFIN will promptly and, in any case, within three months of the request, notify the CUSTOMER of the name, address and any useful or necessary information for the exact identification of the manufacturer or of whom provided you with the PRODUCT.
SAVIFIN will not be responsible for any damages that may arise from misuse or wear, handling or unprofessional installation. The guarantee does not apply in case of factors extraneous to the normal use of the PRODUCT.
The guarantee is also excluded for defects that were already known to the CUSTOMER at the time of purchase.
How to return goods under warranty
The Customer who intends to return a PRODUCT purchased by activating the guarantee procedure, in order to enforce it, must:
- report the defect of the PRODUCT to SAVIFIN via e-mail or registered letter.;
- simultaneously communicate the order number, the number and date of the invoice and the transport document;
- contact via e-mail at email@example.com in order to agree on the methods of its return.
SAVIFIN undertakes to inform the CUSTOMER of the place and methods of shipment, reserving the right to arrange for the collection with its own CARRIER.
The CUSTOMER who, within the term of 10 (ten) days starting from the notification of the defect relating to the PRODUCT, fails to agree with SAVIFIN the methods of exercising the guarantee, including the methods of returning the PRODUCT, will forfeit the right to be worth the warranty.
Once the PRODUCT has been received, SAVIFIN will activate the control procedure, also in collaboration with the manufacturer/supplier and if the defect is found, it will send the repaired product or the replacement product to the CUSTOMER.
The serial number of the product deemed defective or non-compliant must correspond to the one present in the commercial archives of SAVIFIN. If this does not result, the CUSTOMER will not be entitled to any refund, indemnity, repair or replacement.
Should the returned PRODUCT not be affected by defects, SAVIFIN will inform the CUSTOMER about the costs necessary for its repair or replacement. The costs relating to transport for the return of the PRODUCT which does not present defects will be charged to the CUSTOMER. These costs must be paid by the CUSTOMER before the return of the PRODUCT; in the event of payment refusal, even facta conclusion, the PRODUCT will be retained and disposed of as waste without the CUSTOMER having the right to any refund.
In the event of a complaint of lack of conformity, SAVIFIN will promptly contact the CUSTOMER to inform him and possibly propose the replacement of the defective PRODUCT with alternative products of equivalent or superior value and quality.
SAVIFIN will make every effort to reduce the CUSTOMER's inconvenience to a minimum during the verification, repair and/or replacement procedure which may take some time without the CUSTOMER being entitled to any refund for non-use of the PRODUCT for this period.
12. Links to other websites
The PORTAL accessible at the address www.dormireacinquestelle.it may offer links to other websites or other Internet resources.
The USER/CUSTOMER acknowledges that SAVIFIN cannot be held responsible in any way for the functioning of such sites or external resources.
Links, of any nature or based on any technology, to the PORTAL cannot be created without the prior written consent of SAVIFIN. In any case, the creation of such links, even where authorized, will not give rise to any liability for SAVIFIN, it being understood that the same reserves the right to request the removal of such links at any time.
SAVIFIN does not control the content of linked sites and assumes no responsibility for the content of these.
All communications to the CUSTOMER relating to this contractual relationship may be made by SAVIFIN by e-mail or by registered letter with return receipt. to the addresses communicated by the CUSTOMER and, consequently, the same will be considered known by them. Any changes to the CUSTOMER's addresses not communicated to SAVIFIN will not be opposable to it.
14. Force majeure
SAVIFIN will in any case be exonerated from any liability in the event of delays or failures caused by circumstances beyond its control and in the event of a delay it will perform its obligations as soon as reasonably possible.
15. Intellectual and industrial property
SAVIFIN is the owner of the intellectual and industrial property rights of the PORTAL and of the related brand.
Therefore, the reproduction, communication, distribution, publication, alteration or transformation, in any form and purpose, of the trademark, distinctive signs and contents of the PORTAL is prohibited.
16. Legal disputes
These GENERAL CONDITIONS are governed by and must be interpreted in accordance with the laws of the Italian State. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases provided for in the online contract stipulated by the CUSTOMER with SAVIFIN apply.
Any dispute relating to the application, execution, interpretation and violation of the contract stipulated online by the CUSTOMER with SAVIFIN is subject to Italian jurisdiction; the Court of Monza is competent for any dispute between the parties.
If the CUSTOMER's domicile or residence is not within the Italian territory, the competent court is in any case that of Monza and the applicable law will be the Italian one.
The GENERAL CONDITIONS are available in Italian and in English; in case of discrepancy between the two versions, the Italian version will prevail over the English one.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the CUSTOMER declares to have carefully read and expressly accepts, in particular, the following clauses of the SAVIFIN GENERAL CONDITIONS: SAVIFIN's Liability, Right of Withdrawal, Product Warranties, Legal Disputes.