The present general sales conditions for Consumer Customers (hereinafter the "General Sales Conditions") govern and regulate:
(1) the purchase of lighters with original "Clipper" brand graphics and other accessories
By accessing the Website, the user declares to have read, understood and accepted these General Terms and Conditions of Sale.
The website www.myclipper.it is managed by FamilyBro s.r.l., a company based in Treviso, Via Silvio Zorzi n. 28, PEC: email@example.com, e-mail: firstname.lastname@example.org, fax: 0422 22 11 4, telephone: 0422 22 11 4, registered at the Treviso Chamber of Commerce at no. TV - 373160 of the Business Register.
The "Clipper" trademark and the "My Clipper" logo are the exclusive property of Flamagas S.A., Metalurgia, 38-42, 08038 Barcelona (Spain).
1.1 In these General Terms and Conditions of Sale the terms listed below have the following meaning:
"Buyer" means the person who makes the purchase for purposes not related to his commercial or professional activity;
"Supplier / Seller" means FamilyBro s.r.l., with registered office in Treviso, Via Silvio Zorzi n. 28, C.F. and P.I. 04726840269;
"Products" means exclusively lighters with original "Clipper" graphics and accessories in the electronic catalogs of the Site;
"parties" are the Seller and the Buyer jointly understood;
"Site" means the website corresponding to the address www.myclipper.com through which it is possible to make online purchases of Products;
"consideration" means the sale price of each Product.
2. OBJECT OF THE CONTRACT
2.1 Through the Seller's Website the Buyer can remotely purchase the Products present in the virtual catalogs.
2.2 The Products covered by the online sales contract are those chosen by the Buyer, following the purchase procedures indicated on the Site. For certain Products, minimum amounts are required for purchase orders.
2.3 The descriptions and images on the Site are published by way of example and may not be fully representative of the characteristics of the Products, but differ in color, dimensions and accessories shown in the figure.
2.4 The General Conditions of Sale do not apply to the provision of services and / or the sale of products by parties other than the Seller that are present on the Site through links, banners or other hypertext links.
3. ACCEPTANCE OF THE GENERAL SALES CONDITIONS
3.1 These General Conditions are always available to the Buyer for reproduction and conservation, pursuant to art. 12, Legislative Decree 9 April 2003, n. 70.
3.2 By accepting the General Conditions of Sale, by affixing a flag in the specific box, the Buyer declares to have read, to know and to accept these Conditions and undertakes to observe them in its relations with the Seller.
3.3 These General Terms and Conditions of Sale may be updated, supplemented or modified at any time by the Seller, who will provide notice of any changes via the pages of the Site.
3.4 The Seller is not bound by conditions other than the General Conditions of Sale, unless prior agreed agreement in writing between the parties.
4. ONLINE PURCHASE OF PRODUCTS
4.1 The present conditions of sale are fully reported in the purchase procedure present on the Site and the Buyer is required to accept them before proceeding with the order. Once the order has been placed, the Buyer will receive an automatic e-mail from the Seller, printable and summary of the order, with the following:
- personal data
- required products
- any shipping costs and accessory costs
- delivery methods and times
- price and method of payment
- right of withdrawal
- code with which the order will be identified in the subsequent phases ("Identification Code").
The Buyer is obliged to verify the correctness of the data entered and to immediately notify any errors to the Seller by e-mail.
4.2 After receiving the order and after checking the availability of the Products and the regularity of the payments by the Buyer, the Seller will send an e-mail confirming, accepting and taking charge of the order ("Confirmation of order") Order"). Subsequently the Seller will send the purchase receipt of the products to the Buyer, with the indication of the shipment number ("Tracking Number").
4.3 The online sales contract is considered completed and effective only when the Buyer receives the Seller's Order Confirmation.
4.4 The Seller has the right to accept even partially the order received (for example if all the ordered Products are not available). In this case, the online sales contract is considered to be concluded only for the Products subject to acceptance by the Seller.
4.5 If the Products in the catalog:
- are no longer available and / or
- in case of incomplete or incorrect orders,
the Seller will notify the Buyer via e-mail that it is not possible to conclude the contract, indicating the reason.
In all these cases, the Seller will reimburse the payment already anticipated by the Buyer by crediting it in the same way used for payment.
5. PAYMENT METHODS
5.1 The payment of the price of the Products is anticipated and the receipt of the actual amount is a necessary condition for the delivery of the same. Payment can be made by credit card, paypal or bank transfer in advance. The various payment methods do not entail the addition of any additional cost to the Buyer.
5.2 Characteristics of the payments available to the Buyer:
5.2.1 Credit cards. By filling in the appropriate space on the website, the Buyer authorizes the Supplier to use his / her credit card, or other card issued in place of the same, and to debit the total amount shown on the account in favor of the Supplier what cost of the purchase made online. The whole procedure takes place via a secure connection directly connected to the bank owner and manager of the online payment service, to which the Seller cannot access. At no time during the purchase procedure, therefore, the Seller is able to know the information relating to the Purchaser's credit card and no computer archive of the Seller retains such data. Therefore, the latter cannot under any circumstances be held responsible for any fraudulent or improper use of credit cards by third parties.
5.2.2 Advance Bank Transfer. In case of payment by Advance Bank Transfer, the delivery of the Products to the courier takes place only after the actual crediting of the amount due on the current account of the Seller, who must intervene within 7 (seven) working days from the date of order acceptance. After this deadline, the order is considered as automatically canceled.
The purpose of the bank transfer must include:
- order reference number;
- the order date;
- the personal data of the order holder.
The bank transfer details are indicated in the quote
5.2.3 Purchases via Paypal: the Seller reserves the right to request additional information from the Buyer or to send copies of documents proving the ownership of the Paypal account. In the absence of the required documentation, the Seller has the right not to accept the order. At no time during the purchase process the Seller is able to know the information relating to the Buyer's Paypal account, which are transmitted via secure connection directly to the site that manages the transaction. No archive of the Seller retains such data and in no case can the latter be held responsible for any fraudulent or improper use by third parties which occurs at the time of payment for products purchased on www.myclipper.it .
5.3 In all cases of non-acceptance or cancellation of the order by the Seller or withdrawal of the Buyer, the latter will be reimbursed, by crediting the same method used for payment, any sums already paid. The timing of the actual re-credit depends on the banking system and, therefore, the Seller cannot be held responsible for any damages, direct or indirect, resulting from the delayed or failed release of the amount attributable to the banking system.
6. TIMES AND DELIVERY OF PRODUCTS
6.1 The delivery of the Products is made at the address indicated by the Buyer at the time of the order, at the Seller's expense.
6.2 For the delivery of the Products, the Seller uses the products of express couriers. The Seller entrusts the Products to the courier in the original packaging of the manufacturer or in boxes sealed with adhesive tape marked by the Seller or in plastic bags sealed with the courier logo used. The Seller reserves the right to process each order via multiple deliveries, based on the availability of the Products.
6.3 Delivery times to the Purchaser are indicated in the "Type of delivery" section and are to be considered indicative and not essential.
6.4 The Seller reserves the right to suspend delivery of the Products for the entire period in which the Purchaser is in breach of the obligations assumed towards the Seller for purchases concluded through the Site and / or for different and further transactions between the parties.
6.5 Upon delivery of the goods by the courier, the Buyer is required to check:
- that the number of packages delivered corresponds to what is indicated in the courier's accompanying document;
- that the packaging is intact, not damaged, wet or altered in any way.
6.6 In the event of missing / excess parcels and / or damaged / altered packaging, the Buyer is advised to immediately contest the non-conformities, placing the wording "control reserve" next to its signature on the delivery document, specifying the reason. All complaints regarding the condition of the goods upon receipt must be addressed to the Seller within 24 (twenty-four) hours following delivery of the goods. Once the courier's transport document has been signed without any reservation, the Buyer can no longer complain to the Seller of the aforementioned defects, defects or non-conformities. It remains agreed that the responsibility for the integrity of the goods is transferred to the Buyer when he signs the notice of receipt of the goods.
6.8 Types of delivery
Delivery is made on the street front on working days.
The courier makes a first delivery without notice.
In the absence of the Buyer the Courier leaves a notice of passage (slip inside the mailbox or sticker on the bell) and retries the delivery on the next Business Day. In case of further absence, the Buyer will be contacted by the Seller's staff to define a new delivery.
Should the third delivery attempt fail, the Products will remain in storage at the courier for a period of 10 (ten) days, after which they will return to the Seller's warehouses, with consequent cancellation of the order and reimbursement of the price at the Purchaser, by crediting with the same methodology with which the payment was made. The average delivery time is 30 days.
6.9 Consultation of the shipment
The Buyer can check the shipping status of his order through the Tracking Number and link to the link in the e-mail sent by the seller.
7. LIMITATIONS OF LIABILITY
7.1 The Seller assumes no responsibility for disruptions caused by force majeure, if he is unable to execute the order within the time allowed by these General Conditions of Sale, as the terms of delivery indicated on the Site are in any case merely indicative and, in any case, not essential.
7.2 The Seller is not liable to the Buyer for inefficiencies or malfunctions connected to the use of the internet and not attributable to him as a form of fraud or gross negligence.
7.3 In the event of failure to conclude and / or execute the online sales contract, the Buyer will only be entitled to a refund of the price paid and of the accessories, in the terms and within the limits set out in the previous articles 4.5 and 7.3, with no liability whatsoever remaining of the Seller for any damages, losses and costs incurred by the Buyer.
7.4 The obligations assumed by the Seller pursuant to Article 10.6 below (ie legal guarantee) replace any other warranty and liability of the Seller (contractual and non-contractual), except in cases of willful misconduct or gross negligence, connected with the sale of the Products.
7.5 It remains understood that the Seller's possible liability for willful misconduct or gross negligence is in any case limited to the value of the Products. This limitation of liability also applies to claims for damages for defective products.
7.6 The limitations referred to in the previous points apply to any personal liability of the legal representative and / or employees of the Seller.
8. PRODUCT WARRANTY
8.1 All products sold on www.myclipper.it are covered by the manufacturer's official guarantee, pursuant to art. 114 of Legislative Decree no. 206 of 6-09-2005 (Consumer Code).
8.2 The Seller is responsible for the damage caused by defects of the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the producer or of the person who provided the good.
8.3. The aforementioned request, by the injured party, must be made in writing and must indicate the Product that caused the damage, the place and the date of purchase; it must also contain the offer in view of the Product, if it still exists.
8.4 The Seller cannot be held responsible for the consequences deriving from a defective Product if the defect is due to its compliance with a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
8.5 No compensation will be due if the injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it.
8.6 The Seller also provides, in relation to the products purchased by the customer, the legal guarantee of compliance with the conditions and terms set forth in Articles 128 et seq. of Legislative Decree 206/2005 (Consumer Code). The rights deriving from this guarantee can be exercised by the Buyer on condition that the products have been used correctly, with due diligence and in respect of the intended use and of the provisions of the enclosed instructions, as well as upon presentation of the documentation received with the themselves and indication of the details of the relative order.
8.7 If the Seller authorizes the collection of the Products due to defects, defects or non-conformities, the Buyer is required to return the Products at his own expense, in their original packaging, complete in all its parts. The Seller reserves the right to examine the Products and to verify any defects, defects or non-conformities.
9. BUYER'S OBLIGATIONS
9.1 The Buyer undertakes to pay the price of the Products to the Seller on time and in the manner indicated in the order.
9.2 Before the online purchase procedure is concluded, the Buyer is required to read and keep these General Terms and Conditions of Sale.
9.3 The Purchaser is absolutely forbidden to enter false, incorrect, invented, fictitious and / or third-party data in the registration procedure and in further communications. Therefore, the Buyer assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form and in the Product purchase procedure. A single registration is allowed for each Buyer.
10.RIGHT OF WITHDRAWAL
10.1 The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days from receipt of the purchased good.
10.2 If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter a.r. to MyClipper at FamilyBro s.r.l., Via S.Zorzi, 28 - 31100 Treviso (TV), anticipating the communication by e-mail at: email@example.com
10.3 The Buyer will ship the Product carefully packed in its original packaging, complete with all accessories, instruction manuals and everything originally contained.
10.4 The return of the goods must take place no later than 30 (thirty) days from the date of receipt of the product.
10.5 To be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.
The right of withdrawal is lost if the returned Product is not complete, ie:
- in the absence of the original packaging
- in the absence of integral elements of the product (accessories, cables, instruction manuals, etc.)
- for damage to the product due to causes other than transportation.
10.6 The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the costs of returning the goods to the Seller.
10.7 After the return of the Products, the Seller shall make the necessary checks regarding the integrity of the same and compliance with the conditions contained in the previous articles.
If the checks are successfully concluded, the Seller will send the Buyer, via e-mail, the confirmation of the acceptance of the returned Products and will proceed with the cancellation of the order and the issue of the related credit note.
10.8 The Supplier will reimburse the entire amount paid by the Buyer, by crediting it in the same payment method used for the purchase, which will be made in the shortest possible time or, in any case, within the term of 30 (thirty) days from receipt of the withdrawal notice.
10.9 Upon receipt of the communication by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
11. COMMUNICATIONS AND COMPLAINTS
11.1 Any complaint relating to the Products and their characteristics at the time of delivery must be reported to the Seller through the number 0422/22114 or online by clicking on Contact Us or by writing an email to firstname.lastname@example.org.
Complaints must contain the description of the Product and the reasons on which they are based.
11.4 The Buyer must indicate his / her residence or domicile, the telephone number or e-mail address to which the Seller's communications should be sent.
12. PROCESSING OF PERSONAL DATA
12.2 The rights deriving from the privacy legislation and the disclosure obligations arising from it at the Seller's expense are made available to the Online Buyer prior to the completion of the purchase procedure. The forwarding of the order therefore implies knowledge and acceptance of the same.
13. APPLICABLE LAW
13.1 This contract is governed by Italian law. 13.2 The Seller does not make use of the extra-judicial composition bodies provided for by art. 141 et seq. of Legislative Decree 206/2005.
14. FINAL CLAUSE
14.1 These General Terms and Conditions of Sale repeal and replace any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the purchase of Products through the Seller's Website.