Terms and conditions
1 The offer and sale of the products marketed on the Website / Facebook page constitute a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
2 These General Terms and Conditions of Sale apply to all sales made by IMAGINE of A.R. on the Website / Facebook page.
3 The user is required to read carefully these General Conditions of Sale that IMAGINE of A.R. makes available to you in the appropriate information sections of the Website / Facebook page, as well as all other information that IMAGINE di A.R. provides on the Website / Facebook page, both before and during the purchase process.
4 These General Terms and Conditions of Sale are applicable to the territories to which the offer of services provided is directed, namely the territory of the Italian State, Spain, Portugal, France, Germany, Austria, Holland, Belgium, Luxembourg.
They do not regulate the sale of products and / or the provision of services by persons other than IMAGINE of A.R. that are present on the Website / Facebook page through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. IMAGE of A.R. is not responsible for the provision of services and / or for the sale of products by such subjects. On websites that can be consulted via these IMAGINE links by A.R. does not carry out any checks and / or monitoring. IMAGE of A.R. is not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same.
Purchases on the Website
1 Access to the offers on the Site is reserved exclusively for users who are 18 years old.
2 IMAGE of A.R. reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with which pending disputes are pending.
Information direct to the conclusion of the contract
1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, IMAGINE by A.R. inform the user that:
• to conclude the contract for the purchase of one or more Products on the Site, the user must complete an order form in electronic format and send it to IMAGINE di AR, electronically, following the instructions that will appear from time to time on the Site. / Facebook page and that will accompany the different phases of the purchase;
• Each order sent constitutes an offer to purchase the products and all the terms and conditions published are considered accepted. Orders are subject to availability and discretionary acceptance by the Owner. The conclusion of the contract takes place at the time of acceptance of the Owner, who will send a confirmation e-mail to the address indicated by the User in the order form. The Holder, after checking the correctness of the data relating to the order and payment, reserves the right not to confirm an order, informing the user within 30 working days of the unavailability of one or more products indicated in the order form , proceeding with the reimbursement of the price and shipping costs related to the unavailable goods;
• before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in entering the data by following the instructions indicated on the Website / Facebook page from time to time and accompanying the different phases of the purchase; once registered the order form and received confirmation of the authorization to pay the total amount due, IMAGINE di A.R. will send to the user, via e-mail to the e-mail address indicated, the order confirmation, containing a summary of the General Conditions of Sale, information on the characteristics of the product purchased, detailed indication of the price, of the vehicle of payment used, the procedures for exercising the right of withdrawal, shipping costs and any additional costs as well as the indication of Customer Service, which the user can contact to request assistance and / or make complaints. It is recommended to keep the e-mail received as proof of purchase;
• the order form will be filed in the IMAGINE database of A.R. for the time necessary to process the order and, in any case, in terms of the law. To access your order form, the user can consult the appropriate section of the Website / Facebook page where he will find a list of all orders placed.
2. The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.
Purchase orders and information on the Products
1 IMAGE of A.R. will process the purchase order, and then make the shipment of the purchased product, only after receiving confirmation of the authorization to pay the Total Due Amount, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the order form. In the event that the Total Due Amount is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be terminated by right pursuant to and for the purposes of art. 1456 c.c. Of this resolution and of the consequent cancellation of the order, the user will be notified by e-mail address indicated by him.
2 The Products offered on the Website / Facebook page are the articles in the electronic catalog published on the Website / Facebook page at the time the order is placed by the User.
3 Each Product is accompanied by a Product Card. The images and descriptions on the Website / Facebook page reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real colors due to the settings of the computer systems or computers used by users for their visualization. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with tolerances for use. For the purpose of the purchase contract, the description of the Product contained in the transmitted order form will be used.
Availability of Products
1 The products offered on the Website are limited in number. It can therefore happen, also due to the possibility that multiple users buy the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
2 In any case of unavailability of the ordered product, the customer will be promptly informed by e-mail and the purchase order will be canceled. If payment has already been made, IMAGE by A.R. will refund the total amount paid by the User, consisting of the purchase price, shipping costs and any other additional cost, immediately, and in any case within the period of thirty days starting from the day after sending order. The refund amount will be communicated via e-mail and credited to the same payment method used by the user for the purchase.
3 Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the amount credited will be the same as the debit.
Legal Compliance Warranty
All Products sold on the Website / Facebook page are covered by the Legal Warranty of Conformity provided for in articles 128-135 of the Consumer Code (Legislative Decree No. 206/2005).
Exhaustiveness and applicable law
1 These General Conditions of Sale represent the entirety of the agreements between IMAGINE of A.R. and users of the Website / Facebook page with reference to sales made through the Website / Facebook page.
2 Contracts concluded between users of the Website / Facebook page and IMAGINE of A.R. they are governed by Italian law. It is subject to the application to consumers who do not have their usual residence in Italy any more favorable and mandatory provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the deadline for the exercise of right of withdrawal, at the end for the return of the Products, in case of exercise of this right, to the formalities and formalities of the communication of the same and to the legal guarantee of conformity.
Consumers residing in the territory of the European Union have the opportunity to use the online platform (https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT) as a means of settling disputes out of court.
Ineffectiveness of the clauses
In the event that any clause, condition or term is null, invalid or ineffective, the aforementioned clause or part of it will be eliminated while the remaining will remain fully effective.
It is possible to request information, send communications, request assistance or submit complaints, by contacting IMAGINE di A.R. with the following methods:
• by e-mail, at email@example.com;
• filling out and submitting the form available in the "Contact" section of the Website / Facebook page;
• by mail, writing to IMAGINE of A.R., P.zza S. Caterina n. 3, 84078 - Vallo della Lucania (SA).
Change and update the conditions
The Seller may make changes or amendments to these General Conditions of Sale at any time.
Interruption of the service offered
The owner reserves the right to interrupt the service due to maintenance or updating needs.
Right of withdrawal
1 The user who has purchased products through the Website / Facebook page has the right to withdraw from the contract concluded with IMAGINE of A.R., without any penalty and without specifying the reason, within fourteen (14) days from the date of receipt of the goods.
2 The withdrawal period ("Withdrawal Period") expires after 14 days:
a) from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product in the case of an order related to a single Product;
b) from the day on which the user or a third party other than the carrier and designated by the user acquires the physical possession of the last Product in the case of a Multiple Order with separate deliveries.
3 To exercise the right of withdrawal, the user must inform IMAGINE of AR, before the expiry of the withdrawal period of his decision to withdraw by sending a registered letter with acknowledgment of receipt, using the Model Withdrawal Form or any other equivalent communication that explicitly contains the decision to withdraw, at the following addresses: IMAGINE di Ametrano Raffaele P.zza S. Caterina n. 3, 84078 - Vallo della Lucania (SA), e-mail: firstname.lastname@example.org.
4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, please indicate in the Declaration of Withdrawal the order number, the Product / s (s) for which the user intends to exercise the right of withdrawal and the his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is incumbent on the user, it is in the user's interest to make use of a durable medium when communicating to IMAGINE of A.R. your withdrawal.
5 The user must return the Product to IMAGINE di A.R., using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to IMAGINE of A.R. his decision to withdraw. The deadline is met if the user returns the Product before the expiry of the period of fourteen days. The Product, appropriately protected and packed, must be sent to the following address: IMAGINE di Ametrano Raffale, P.zza S. Caterina n. 3, 84078 - Vallo della Lucania (SA). The direct costs of returning the Product are the responsibility of the user. The return of the Product is under the responsibility of the user.
In any case, for the purpose of the expiry of the term of return, the Product is considered returned when it is delivered to the accepting post office or to the shipper chosen by the user.
6 If the user withdraws from the contract, IMAGINE di A.R. will proceed with the refund of the total amount due paid by the user for the product, including delivery costs, without undue delay and in any case no later than 14 days from the day on which IMAGINE di A.R. has received the product for which the right of withdrawal has been exercised, after checking the integrity of the product itself. The refund will be made using the same means of payment used by the user for the initial transaction.
7 The reimbursement procedure may be suspended until receipt of the Products or until the demonstration by the user of having returned the Products, if previously.
8 The user is solely responsible for the diminished value of the goods resulting from the handling of the product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with the normal diligence and returned intact, complete in all its parts, accompanied by all the accessories and illustrative sheets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use to which it is intended and free from signs of wear or dirt.
9 In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in termination of the contract and, consequently, will not give right to any reimbursement. IMAGE of A.R. will notify the user within 5 working days from receipt of the Product, rejecting the request for withdrawal. The Product, if already received by IMAGINE di A.R., will remain at IMAGINE di A.R. available to the user for collection, which must be done at the expense and under the responsibility of the user.
10 The right of withdrawal is in any case excluded in relation to:
- tailor-made or clearly personalized goods;
- the supply of goods that risk deteriorating or expiring rapidly;
- the supply of sealed goods that do not lend themselves to be returned for hygienic reasons or related to health protection and / or that have been opened after delivery.
In one of the above or equivalent cases, the User can not exercise the right of withdrawal
11 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the Product, the amount of reimbursement will be reduced by an amount equal to this decrease in value. Of the circumstance and the consequent diminished repayment amount IMAGINE of A.R. will give notice to the user within 5 working days from receipt of the Product, providing to the same, in the event that the reimbursement has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product .
12 The clauses, consequences and exceptions related to the exercise of the right of withdrawal apply exclusively to the User intended as final consumer.
*The following page has been translated with google translate. Please refer to the Italian language.