ARTICLE 1 - General provisions
a) These contractual provisions hereinafter "Conditions" are valid between the company and any person (hereinafter referred to as "Customer") who makes online purchases on the website www.smanique.com. These purchases are reserved exclusively for direct user customers, with the exception of subjects such as merchants, wholesalers, retailers, professionals, etc. who intend to resell their products to third parties.
b) These Conditions govern purchases made on the site www.smanique.com, in accordance with articles 49 and following of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments. Customers are required to carefully read the Conditions, available on the Smanique Website, in order to become aware of them, memorize them and reproduce them. Smanique will send a copy of the Conditions to the Customer pursuant to the provisions of the following article 5. b) of these Conditions. Contracts concluded with Customers will be archived by Smanique for the period required by current legislation.
c) These contractual rules apply exclusively to purchases made in e-commerce on the Smanique site.
ARTICLE 2 - Age of the Customer
a) To place an order you must be of age and reachable by phone. Orders from persons under the age of 18, or without a valid e-mail address or not reachable by telephone line, will not be accepted.
b) By registering on the Smanique Site and creating your personal account or by entering the relevant data for placing the order as a guest (guest), the Customer declares below their personal responsibility to be of age and capable of understanding and wanting, also assuming all responsibility for what concerns the correctness and completeness of the data entered.
ARTICLE 3 - Registration, account and Guest mode
c) The data communicated through the registration procedure, the information provided pursuant to art. 13, Legislative Decree n. 196/2003 and the Customer's consent to the processing of data, will be used by Smanique for each subsequent purchase by the Customer, until the registration is modified or revoked by the Customer.
d) The connection costs charged by the Provider used by the Customer for the connection are applied to all online services on the Smanique Site; the Customer must therefore contact their Provider to obtain the necessary information about the connection costs.
ARTICLE 4 - Object of the contract proposal
a) The contract proposal sent by the Customer to Smanique concerns the remote purchase request of the tangible movable goods indicated and offered for sale on the Smanique website.
b) The contract proposal by the Customer is made exclusively via the internet, by accessing the Customer at www.smanique.com
c) The Customer's contract proposal is forwarded by the Customer to Smanique by completing and sending via the internet the order form available on the Smanique website. Contract proposals sent in a form other than that indicated or containing partial elements or not corresponding to the procedure indicated on the Smanique website will not be accepted.
d) Smanique is free to accept or not the contract proposal sent by the Customer.
ARTICLE 5 - Conclusion and effectiveness of the contract
a) The sale will be considered concluded with the sending by Smanique to the Customer of an e-mail confirming the order.
b) The order confirmation e-mail contains the details of the Customer and the order, as communicated by the Customer, the price of the goods purchased, the transport costs, payment method and the shipping address to which the goods will be sent, as well as the conditions and methods for exercising the right of withdrawal, an address to which complaints can be made, and these Conditions. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections.
c) Smanique cannot be held responsible in any way for data deemed incorrect by the Customer, if such data comply with the communication sent by the Customer during registration or when entering data relevant to the 'order as a guest.
d) Smanique undertakes to describe and present the items sold on the site in the best possible way and in accordance with the reality of the product. Any inaccuracies or insubstantial differences between the representation on the Smanique site and the actual product cannot be considered contractual breach. Furthermore, the photographs of the products presented on the Smanique website do not constitute a contractual element, having the purpose of merely illustrating the product.
e) Smanique undertakes to deliver the goods within 20 days from the day following that of the order confirmation by e-mail.
f) The risk of loss or damage to the products is transferred to the Customer when the latter (or a third party designated by him and other than the carrier) materially comes into possession of the product.
ARTICLE 6 - Availability of products
a) The availability of the products refers to that present when the Customer consults the product data sheets; this must in any case be considered purely indicative because, due to the simultaneous presence on the Smanique Site of several Customers, the products could be sold to others before confirming the order.
b) Even after sending the order confirmation e-mail by Smanique, there may be cases of partial or total unavailability of the goods. In this case, the Customer will be promptly informed and can decide whether to accept the delivery of only the products available or request the cancellation of the order by communicating it via e-mail to customer service.
ARTICLE 7 - Methods of payment
a) Any payment by the Customer can only be made in the manner indicated on the Smanique Website.
b) If the unavailability of a product is detected after sending the order and booking the amount on the card, Smanique will take the necessary measures with the bank operator to cancel the transaction relating to the goods not available. The actual amount of the order will be charged only when the goods are ready for shipment.
c) The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the circuits of payment.
ARTICLE 8 - Prices
a) All the sales prices of the products displayed and indicated on the Smanique website are expressed in Euros and include VAT.
b) The shipping costs are not included in the purchase price, but are indicated and calculated at the time of processing the order and indicated in the summary table of the order itself before the making the payment.
c) The Customer accepts Smanique's right to change its prices at any time as well as to make structural or formal changes to the products illustrated on the Smanique Site, or to the chromatic shades or accessories of the themselves; however, orders will be processed and invoiced on the basis of the prices and products indicated on the Smanique Website at the time of the order and confirmed in the e-mail sent by Smanique as confirmation of the order.
ARTICLE 9 - Right of withdrawal
a) In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within a period of 30 days from the date in which the Customer materially comes into possession of the product itself.
b) If the Customer makes use of the right to exercise his right of withdrawal, he must send, by e-mail to the address in[email protected], within the term provided in the previous point:
(i) the withdrawal form, pursuant to art. 49 lett. h) of Legislative Decree n. 206 of 6 September 2005 (Consumer Code) and subsequent amendments, attached to these conditions of sale (Annex A), duly completed and signed;
(ii) a communication drawn up on its own initiative, duly signed, highlighting the intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code and containing the following information:
- Intention to take advantage of the right of withdrawal;
- The name of the product or products to be returned and the relative quantities;
- The bank details on which to obtain the refund transfer (ABI Code - CAB - Current Account);
- The e-mail address or fax number that Smanique must use to communicate the status of the return.
c) By law, the shipping costs for returning the goods to Smanique are charged to the Customer
d) The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation.
e) The packaging of the products to be returned is the responsibility of the customer, each product to be returned must be properly packed in order to be able to withstand a shipment by express courier. If you no longer have the original packaging, you need to have equal or superior packaging.
f) Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the provisions herein) the Customer must return the purchased product to Smanique by sending it to the address that will be communicated via e-mail.
g) Products returned damaged will not be accepted and / or refunded.
h) Without prejudice to the right to verify compliance with all the above, Smanique will refund the amount of the products subject to withdrawal as quickly as possible and in any case within a maximum period of 14 ( fourteen) days from the date on which Smanique was informed of the Customer's decision to withdraw from the contract in accordance with the written notice. Smanique may suspend the refund until Smanique has received the returned product or, if it occurs before such receipt, until the moment in which the customer provides proof of having returned the product.
i) The shipping costs paid for the first shipment of the goods are not refundable to the Customer.
ARTICLE 10 - Product warranty
a) All the products presented on the Smanique website benefit from a two-year legal guarantee for lack of conformity, in accordance with current legislation. To benefit from the guarantee, the Customer must keep the invoice that will be sent to him by e-mail after the purchase and which he can print.
b) In the event of receipt of non-compliant or defective products, the Customer must notify this by e-mail, within 2 months from the discovery of the lack of conformity, as required by 'art. 132 of the Consumer Code, to Smanique customer service at [email protected]
c) The Customer has the right to obtain the restoration of conformity of the goods by repair or replacement (the Customer can choose whether to obtain the repair or replacement of the product under the conditions provided for by law), without any expense at his expense, or, in the event that one of these remedies is not successful (according to the provisions of Article 130, paragraph 7, of the Consumer Code), he will be able to obtain an appropriate reduction in the price of the products or the resolution of the contract. The Customer loses these rights if he does not report the lack of conformity to Smanique within 2 (two) months from the date on which he discovered this lack of conformity. The direct action to assert a lack of conformity not intentionally concealed by Smanique is prescribed, in any case, within 26 (twenty-six) months from delivery of the product.
d) Smanique will contact the courier who, compatibly with his availability, will collect the goods, at Smanique's expense. Smanique will be entitled to authorize the Customer to contact the courier indicated to him directly, to agree on how to collect the goods.
e) The costs of repair or replacement are charged to Smanique if the customer is resident in the Italian territory and charged to the customer if the customer is resident abroad.
f) Smanique reserves the right to verify the contested non-conformity and in the event of a successful verification it will, as appropriate and in compliance with current legislation , to restore the conformity of the goods by repair or to replace it, at no cost to the Customer, or, in the event that one of these remedies is not successful (in accordance with the provisions of Article 130, paragraph 7, of the Consumption) will allow an appropriate reduction in the price of the products or the termination of the contract.
g) The delivery of the replacement goods will take place - at the expense of Smanique - at the same address indicated by the Customer in the registration form or at the time of insertion. of the data relevant to the execution of the order placed as a guest (guest). If in the meantime the Customer has changed address and wishes to receive the goods at the new address, he must notify Smanique in writing. Any additional shipping costs will be charged to the customer and must be paid in advance of delivery.
h) This warranty does not apply to products damaged by abuse, misuse, negligence, accidental damage, product modification, tampering by the Customer or by force majeure or any other cause not related to defective materials or workmanship defects.
i) The guarantee provided by Smanique only covers the products purchased by the Customer on the Smanique Website.
j) The repair or replacement of defective products to the Customer under the guarantee provided by Smanique is the exclusive responsibility of Smanique.
k) Any further form of conventional or commercial guarantee by Smanique is expressly excluded.
ARTICLE 11 - Delivery methods
a) The products will be delivered by courier to the address indicated by the Customer when placing the order.
b) Smanique has the right to appoint and replace the courier at its discretion, at any time.
c) The name of the courier will be indicated to the Customer in the order confirmation.
d) The order and delivery status tracking procedures will eventually be available according to the procedures of the indicated courier.
e) Customs procedures, unforeseeable circumstances and causes of force majeure or the absence of suitable personnel to receive the products at the address communicated by the Customer may lead to delays in delivery or the 'obligation of the Customer to collect the products purchased at the courier's office, according to the procedures of the indicated courier and any storage costs.
f) The Customer is required to check, upon delivery of the products by the Courier:
(i) that the number of packages delivered corresponds to that indicated in the delivery note;
(ii) that the packaging and its seals are intact, not damaged, not wet or altered in any way.
Any damage to the packaging and / or the product or the mismatch in the number of packages or information must be immediately reported in writing on the Courier's delivery note. Once the Courier's document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection regarding the external characteristics of the delivered package.
ARTICLE 12 - Invoice
a) For each order placed on the Smanique website, Smanique will issue an invoice for the material sent which will be sent by e-mail after the purchase.
b) For the issuance of the invoice, the information provided by the Customer during the purchase procedure is valid.
c) After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 13 - Liability
a) Smanique assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the time stipulated in the contract.
b) The availability of each item is for information only, is not contractual and the seller cannot be held liable in the event of unavailability of one or more products.
c) The items indicated on the Smanique Site are intended for the use indicated therein. Any improper use or for purposes other than those indicated on the Smanique Site are the sole responsibility and responsibility of the Customer.
d) Smanique cannot be held responsible for any incidental or consequential damage to persons, things, data or otherwise causing economic losses deriving from a defective product.
e) Smanique does not guarantee that the product is suitable for the specific reasons for which the Customer purchases it and, in any case, will not be responsible for any damage, loss of data or other caused to the derivations and / or peripherals when used in conjunction with Smanique products.
ARTICLE 14 - Access to the site and its intellectual property
a) The Customer has the right to access the Site to consult and make purchases.
b) No other use, for commercial reasons, of the Smanique Site or its content is allowed
c) The integrity of the elements of this site, whether audio or visual, the related technology used and its content in all its forms are the property of Smanique and are protected by the right of intellectual property.
d) Any abuse of use or violation of property rights will be reported to the competent authority and prosecuted in accordance with the law.
ARTICLE 15 - Cookies
a) Cookies are electronic files that record information relating to the Customer's navigation on the various websites and in particular, as far as we are concerned, on the Smanique Site (pages consulted, favorite contents, etc. .).
c) The Customer, if desired, has the right to block cookies by simply setting the preferences of the internet browser used.
ARTICLE 16 - validity of the agreements
a) The sales contract between Smanique and the Customer is governed by these general conditions together with the specific indications of the purchase contained in the order and in the order confirmation.
b) If one or more of the parties to the contract thus identified were considered invalid or declared as such under the law and following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 17 - Applicable law, jurisdiction and dispute resolution
a) This contract is governed by Italian law, including Legislative Decree no. 206 of 6 September 2005, "Consumer Code" and, in particular, "Chapter I, Title III of Part III" as well as Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”. Any dispute arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the mandatory jurisdiction of the judge of the place of residence or domicile of the Customer if located in the territory of the Italian State. If the Customer does not have his residence or domicile in the territory of the Italian State, the competent court will be that of the place of the headquarters of Smanique.
Pursuant to articles 1341 - 1342 of the Italian Civil Code the Customer declares to have read and specifically accept with "double point and click" the clauses referred to in the following articles of the Conditions of sale on the Smanique Site: art. 13 Responsibility - lett. d) (Smanique cannot be held responsible for any incidental or consequential damage to persons, things, data or in any case causing economic losses deriving from a defective product); art. 13 Responsibility - lett. e) (Smanique does not guarantee that the product is suitable for the specific reasons for which the Customer purchases it and, in any case, will not be liable for any damage, loss of data or other, caused to the branches and / or peripherals when used together with Smanique products).