Terms and Conditions for users of http://www.radiose.it
- These general terms and conditions of business (the "Conditions") govern the service of sale of products (hereinafter also the "Product(s)") through the website accessible at the address http://www.radiose.it owner of the relevant internet domain, based in Italy, Padova 35138, Via Tirana25, (hereinafter also "(((radiose)))" or the "Seller").
- The contract between the User and the Seller.
2.1 The sending of the purchase order (the "Order") by the user (hereinafter also the "User" or the "Customer") implies full knowledge and acceptance by the latter of these Conditions.
2.2 There will be no commitment between the User and the “Seller” and, therefore, no contract can be considered concluded in case of evident and recognizable errors or inaccuracies in the compilation procedure of the Orders, due to facts attributable to the User or to the “Seller”, such as, by way of example only, errors or inaccuracies related to the User's data (including the address indicated for the delivery), or, related to the identification and/or selection of the Products and/or the relative quantities and/or the relative price. The “Seller” reserves the right to check in any case the correctness of the prices of the Products present on the Site before shipping them and, in case of error, the Order will be cancelled. In the event that there are, however, difficulties in delivery to the address indicated for delivery, the user will be notified by direct contact to find an alternative method of delivery of the product.
3.1 For purposes of these Terms, in addition to the terms defined elsewhere, for:
- "Call Center" or "Customer Service" means the customer service department of the “Seller” contactable at the e-mail : email@example.com active from Monday to Friday;
- Shop" means all the Products that can be purchased by the User through the Portal;
- "Consumer Code" means the D. Lgs. 6.9.2005, n. 206 and subsequent amendments;
- "Conditions" means these general terms and conditions, as subsequently amended or supplemented in accordance with clause 13 below, together with the other information published on the Portal, which are an integral and substantial part of it;
- "Consumer" means, pursuant to and for the purposes of art. 3 of the Consumer Code, the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity;
- "Data" means the data communicated by the User and necessary for the fulfilment of obligations, including tax obligations, required by the legislation applicable at the time for the provision of the Service;
"Service Provider," means the “seller” ;
- "Payment Processor" means the entity that, duly authorized under applicable law, provides payment service through the use of the User's credit card;
- "Order" means the purchase order submitted by the User for one or more Products, by clicking, after filling in the required fields and choosing the payment method, on the "Submit Order" button;
- "Party", means individually the Seller or the User;
- "Parties," shall mean, collectively, Seller and User;
- "Portal," means the Internet site that can be reached at http://www.radiose.it ;
- "Product" means each of the products that can be purchased through the Portal, as better specified in the shop ;
- Registration Form" means the application form present on the Portal, through which the User enters his/her own Data in order to create an account and use the Service;
- "Product Sheet" means all descriptive information about the Product, including price, availability and delivery date;
- "Service" means the service of sale and supply to the User of the Products distributed through the Portal, as better specified in the shop, to be understood as an integral and substantial part of these Conditions;
- "User" or "Customer" means the natural person, or legal entity that, after correct and truthful registration of their Data, uses the service and makes payment of the fee referred to in clause 6 below, uses the Service;
"Seller" means Francesca Chiarot.
- These Conditions have as their object the provision of the Service, exclusively by the “Seller” , concerning the Products, whose detailed information can be found in the shop and in the individual product sheets.
- 2 In case of unavailability of the Product during the processing of the Order, the “Seller” will inform you by e-mail and, consequently, to update the Order with the elimination of the unavailable Product. The other products covered by the Order (if available) will be shipped according to the times indicated in the Product Sheet, unless unavailability of the same as clarified in clause No. 6 below.
- It is understood that if all the products covered by the Order are not available, the ”Seller” will inform you by e-mail and that the Order shall be considered canceled.
- Service Users.
5.1 For commercial information on various supply Service methods, conditions for excercising the right to withdraw in accordance with claluse n. 10 and on the legal warranty of conformity foreseen on clause n. 12, the Customer can always contact “Seller” Customer Service by following the instructions listed on previous clause n. 3.
- Fees and Methods of Payment.
6.1 The payment methods available are:
- Credit Card;
Note that the customer is responsible for any costs associated with the transaction. Please see more information about Payments here.
6.2 The prices of the Products are clearly indicated on the Product Sheet in Euros and are inclusive of VAT.
6.3 To the price of each Product may be added the shipping cost (to the extent indicated on the Portal), the amount of which may vary depending on the delivery method requested, that is, the price of the single Product or of the set of Products indicated in the Order. For further information on shipping costs, we recommend that you consult the Shipping Information page.
6.4 In case of purchase made by credit card, the charge takes place at the time of processing the order.
6.5 The User agrees to receive invoices and credits in electronic format, where expressly requested.
- Delivery of Products.
8.1 The “Seller” will deliver the Products indicated in the Order to the address indicated by you.
8.2 All delivery times shown on the Site are estimates based solely on availability, the normal processing of the Order and the delivery times declared by the carriers which it uses the “Seller”. The delivery times indicated on the Product Sheet or during the execution of the Order must, therefore, be understood as the minimum estimated time, intended as necessary to find the Product and make it available for shipment, except in exceptional cases of unavailability of the same that will be promptly notified by e-mail from the “Seller”.
8.3 The actual delivery time could, therefore, differ from the time indicated in the Product Sheet, as it depends on the behavior of suppliers and, therefore, causes and reasons unrelated to the management of the “Seller”. For further information, please read the Shipping Information.
- Payment Security.
9.1 On the Portal, payments are and will remain protected by means of an advanced network data protection system. The payment by credit card is made on a secure server managed by a third party company, specialized and duly authorized under applicable laws to perform this service: therefore, the data relating to credit cards are processed exclusively by the Payments Manager. The “Seller” will not have, therefore, access to data relating to credit cards but will manage only the User Data.
9.2 No responsibility can be attributed to the “Seller” for any fraudulent use by third parties of your credit card information: in this case you must immediately contact the Payments Manager and possibly the competent Authorities.
For more information, please read the Payment Information.
- Right of withdrawal.
10.1 Pursuant to and for the purposes of art. 54 of the Consumer Code, the User who may qualify as a Consumer, within 14 (fourteen) days from delivery of the Product, may exercise the right of withdrawal, obtaining a refund of the amounts paid, less the shipping costs of the purchased products and any shipping costs of the returned goods referred to in clause no. 10.5. In the event that the User has chosen to have the Products requested in a single Order delivered in more than one shipment, or in the event that the Product consists of multiple lots or pieces to be delivered in more than one shipment, the term for exercising the right of withdrawal shall commence with the delivery of the last Product.
10.2 For the exercise of the right of withdrawal, the User shall inform, within the period specified in clause 10.1 above, the Customer Service of the decision to withdraw from this contract by e-mail to firstname.lastname@example.org or by registered letter with acknowledgment of receipt to Francesca Chiarot Via Tirana 25, 35138 Padova Italia, using, if desired, the following standard text:
With the present, I undersigned (*) communicate the withdrawal from the contract concluded for the purchase of the following goods (*)
- ordered on (*) / received on (*)
- name of purchaser(s)
- address of the purchaser(s)
(*) Delete as appropriate
10.3 Following receipt of the notice referred to in clause 10.2 above, the “Seller” will send, without delay, an acknowledgement of receipt of the request for withdrawal.
10.4 Within and no later than 14 (fourteen) days from the date of the communication referred to in clause 10.2, the User will then be required to return the products for which he exercised his right of withdrawal, without undue delay.
10.5 For the return of goods referred to in clause n. 10.4 above, the User may use its own courier, at its own expense, sending the return to the following address:
VIA TIRANA 25
Shipping costs for the return of purchased items are the sole responsibility of the user who assumes, also, the risk of the shipment itself, as well as any customs fees.
10.6 The products referred to in clause n. 10.5 above must be returned
- correctly packaged in their original packaging, not spoiled, damaged or dirty and equipped with all accessories;
- provided with the transport document (present in the original packaging), in order to allow the Seller to identify the customer (Order number, name, surname and address);
- without obvious signs of use, other than those compatible with the carrying out of a normal test of the article (they must not bear traces of use or, in any case, exceeding the time necessary for a test and must not be in such a state as not to allow resale);
10.7 If the returned Product does not comply with the provisions of clause no. 10.6, the withdrawal shall be considered ineffective.
10.8 Once the Product has been received, and the appropriate quality checks have been carried out, the Seller will refund the User, using the method of payment chosen by the latter at the time of the Order, the payment made, minus the shipping costs for the purchase and any return shipping costs referred to in clause 10.5. The “Seller” will not be, therefore, required to reimburse the costs of delivery of the products.
10.9 The User may not exercise the right of withdrawal governed by this clause for products that are among the cases of exclusion under Article. 59 of the Consumer Code and in particular: in the case of purchase of goods customized or made to measure the user.
For more information, read carefully the Information on "Returns and Refunds".
11.1 The Products purchased on the Portal with delivery outside of Italy may be subject to import duties and taxes, payable once the package reaches the destination specified by the User: the User is therefore invited to check the customs policies of the countries involved, as any additional cost of customs clearance will be borne exclusively by the User. The “Seller” does not have, in fact, the control of these costs and can not predict the amount.
11.2 When the User places an Order on the Site he is considered as an importer and is, therefore, obliged to comply with all the laws and regulations of the country where he will receive the goods. The User is informed in any case that deliveries across borders are subject to opening and inspection of the products by the Customs Authorities.
- Legal warranty of conformity.
12.1 Purchases made on the Site are subject to the rules of the Consumer Code on the subject of warranty for defects and deformities of products. The customer who has the quality of consumer will be, therefore, recognized the rights under Art. 130 of the Consumer Code and, these rights must be exercised within the terms of Article. 132 of the Consumer Code.
12.2 The User who is not a Consumer (i.e. natural or legal persons who purchase the Products in the exercise of their entrepreneurial, commercial, handicraft or professional activity, also by requesting the issue of an invoice, with indication of their own VAT number) will in any case be entitled to the guarantee for defects pursuant to art. 1490 c.c. and following.
12.3 The Products shall be shipped to the address indicated below:
VIA TIRANA 25
- Modification of Terms.
13.1 The “Seller” undertakes to provide the Service in the manner, under the conditions and at the price indicated on the Portal.
13.2 The “Seller” reserves, in any case, the right to modify or supplement these Conditions by publishing them on the Portal: the changes to the Conditions will be effective from the time of publication on the Portal.
- User Responsibility.
14.1The User declares: (i) to be an adult (if individual); (ii) that supplied data for the Service execution are true and correct; (iii) when necessary he will notify (((radiose))) of any change and/or update; (iv) he is entitled to bind the juridical person he is representing (in case of legal person).
14.2 The User agrees not to use the Service offered in an illicit or unauthorized manner.
14.3 The User assures that the information provided in the Registration Form and at the time of the Order are in its legitimate availability and do not violate any rights of third parties.
- Limitation of Liability. Responsibility
15.1 To the extent permitted by law, the Seller declines all responsibility in the event that the Product delivered does not comply with the legislation of the country of delivery other than Italy.
15.2 Except in case of fraud or gross negligence, the “Seller” shall only be liable for direct and foreseeable damage at the moment of the conclusion of the sale contract and shall not be liable for any loss suffered, loss of profit or any other damage which is not an immediate and direct consequence of his non-performance or not foreseeable at the moment of the conclusion of the sale contract.
15.3 Lastly, the “Seller” shall not be held liable for any failure to supply or delay in supplying the Service due to circumstances beyond its control or force majeure, including but not limited to natural disasters, adverse weather conditions, sabotage, fires, floods, earthquakes, strikes, defective functioning of the Service due to the incorrect functioning of telephone lines, electricity and worldwide and/or national networks, such as but not limited to failures, overloads and interruptions.
- Intellectual Property.
16.1 All information, images, data, news, all trademarks reproduced and / or any type of content transmitted by the “Seller” in execution of the Service or published on the Portal, are confidential and protected. The user is, therefore, authorized to use these data, information, news and content, for personal use only and is obliged not to distribute, disseminate, license or transfer by any means, including electronic, publication, transfer to third parties for any reason, such content.
17.1 In the event of breach by you of these Terms, the failure of the “Seller” to exercise its right of action against you shall not constitute a waiver of its right to take action for breach of your obligations.
- Applicable law, jurisdiction and competent court.
18.1 The Service shall be governed, in addition to these Conditions, by Italian law and, in particular, with exclusive reference to the User who may qualify as a Consumer, by the rules of Chapter I of Title III of Part III of the Consumer Code.
18.2 Any dispute that may arise between the Parties regarding the validity, interpretation or execution of these Conditions will be subject to Italian jurisdiction. Except as provided by art. 66 bis of the Consumer Code and in any case if the User does not qualify as a Consumer, for the resolution of disputes arising between the Parties will be exclusively competent Court of Padua.
18.3 For the out-of-court settlement of disputes arising in relation to contracts with consumers governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and relating to these Conditions, the User may use the mediation procedures referred to in Legislative Decree no. 28/2010, or, may have recourse to ADR bodies through the ODR platform for online dispute resolution, established and managed by the European Commission and accessible at the following link http://ec.europa.eu/consumers/odr/. For any information on how to use the ODR platform, the User may consult the specific section on the Portal and accessible at http://ec.europa.eu/consumers/odr/.
- Unlawfulness of terms and conditions.
19.1 If for any reason any part of these Terms and Conditions is found to be invalid or unenforceable, the validity and enforceability of the remaining terms and conditions shall continue in full force and effect.
- Processing of personal data.
- Seller's Contacts.
21.1 Our Contacts:
VIA TIRANA 25
PH: +39 3391066358