1. GENERAL TERMS AND CONDITIONS OF SALE
1.1. Savifin S.r.l. ("SAVIFIN") asks all USERS to read the SAVIFIN General Terms and Conditions of Sale set down hereunder ("CONDITIONS") before making any purchases and to print them or save a digital copy once they have read them.
1.2. The CONDITIONS regulate purchases of the products and services offered on the website www.acarzero.com ("SITE").
1.3. The products distributed by SAVIFIN ("PRODUCTS" or also the singular form "PRODUCT") via the SITE are those placed at the disposal of users, time by time, on the SITE's web pages.
1.4. The terms and methods for the purchase of the PRODUCTS via the SITE are set down in these CONDITIONS.
1.5. The PRODUCTS are proposed to private consumers ("CONSUMER" or also "USER") and hence in compliance with the prescriptions of Italian legislative decree no. 206, 6 September 2005 ("CONSUMER CODE"), i.e. a party that uses the PRODUCTS for purposes unconnected with any business or professional activities conducted.
1.6. In these CONDITIONS the expression CONSUMER does not include parties who, at the time of purchase of the PRODUCTS, expressly enter, in addition to the mandatory data, a company title and associated VAT number and/or Tax Code in the form for the input of personal data. Wherever no express reference is made to the CONSUMER category, the provisions set down in these CONDITIONS are applicable indifferently to all users who purchase PRODUCTS and services through the SITE.
1.7. SAVIFIN can amend the CONDITIONS whenever it deems fit, without prior notice. Such amendments will take effect from the date on which they are published on the SITE. The CONDITIONS in force at the time of closure of the associated contract of sale ("CONTRACT") will be applied to purchase orders transmitted to SAVIFIN before publication of any such foregoing amendments.
2. PURCHASE PROCEDURE – CLOSURE OF THE CONTRACT OF SALE
2.1. The visual representation of the PRODUCTS on the SITE generally corresponds to a photograph of the same and is designed to present them for sale, without constituting any form of explicit or implicit guarantee or commitment, by SAVIFIN, concerning the precise correspondence between the image shown on the SITE and the actual product, especially in relation to its dimensions and/or its colour, also in consideration of the fact that the quality of the images and hence their perception can depend on the software employed to display them and/or the resolution and/or settings of the screen of the communication device used to connect to the SITE.
2.2. In any event, SAVIFIN reserves the right to make changes to the characteristics of the PRODUCTS at its sole and final discretion, on the condition that such changes do not impact negatively on the intended use of the PRODUCTS in question.
2.3. Publication of the PRODUCTS on the SITE constitutes an invitation to the USER to send SAVIFIN a purchase request ("ORDER"). Each ORDER sent by the USER constitutes a contractual proposal and implies specific acceptance of the CONDITIONS that the USER must read and accept before making the purchase.
2.4. On receiving the ORDER from the USER, SAVIFIN will send the USER an e-mail to confirm reception ("CONFIRMATION") containing details of the ORDER and all the data concerning the purchase, i.e. the PRODUCTS requested and the associated costs, including shipping expenses, and the personal particulars and address details of the USER and/or the intended recipient, if different. The USER undertakes to check that the order is correct and promptly inform SAVIFIN of any errors and/or changes. Transmission of the ORDER by the USER and its reception by SAVIFIN is construed as a confirmation that the USER has read and accepts CONDITIONS and any specific terms.
2.5. SAVIFIN can accept the ORDER received or decline it, without the USER being entitled to any explanation or redress of any whatsoever nature from SAVIFIN. The CONTRACT between SAVIFIN and the USER will be considered to be entered into:
2.5.1. on acceptance of the ORDER by SAVIFIN, by transmission of the CONFIRMATION sent to the e-mail address indicated by the USER who made the ORDER, if payment for the PRODUCTS is made using a Credit Card, without prejudice to the right of cancellation of SAVIFIN if the payment is not received and/or in the case of errors and/or omissions of the SITE management system;
2.5.2. when the amount is accredited to SAVIFIN's current account, if payment for the PRODUCT has been made by means of a Bank Transfer at the time of the order.
2.6. After entering into the CONTRACT, SAVIFIN will ship the PRODUCTS and may notify the USER by email that the shipment has been made.
2.7. Each CONTRACT will be filed by SAVIFIN utilising an electronic filing system and can be viewed, if necessary, both by SAVIFIN personnel and by any third parties utilized by SAVIFIN for execution of the CONTRACT.
2.8. In any case, SAVIFIN reserves its final discretionary right to decline the ORDER, promptly informing the USER of such non-acceptance by means of an email sent to the email address specified in the ORDER and proceeding to return any amount already paid by the USER, without the USER thus accruing any right to seek explanation or redress from SAVIFIN. In particular, SAVIFIN can decline an ORDER from a USER who has engaged in irregular conduct, who has failed to accept products purchased for payment on delivery, who is suspected of conduct in violation or the law or who is subject to a court order.
3. PRICE OF THE PRODUCTS
3.1. The price of the PRODUCTS ("PRICE") is inclusive of VAT and net of any expenses, duties and taxes payable in the Country of destination of the PRODUCTS if different from Italy. Such costs, which vary from country to country, are borne exclusively by the USER, who undertakes to ascertain the amount due with the competent customs authorities.
3.2. The PRICE of the PRODUCTS must be increased by the associated shipping cost ("EXPENSES"), the amount of which may vary in accordance with the method of delivery and payment and in accordance with the country of destination. The total amount due for the PRODUCTS and the EXPENSES will be clearly indicated and notified to the USER before closure of the CONTRACT.
3.3. The PRICE and the EXPENSES shown on the SITE are subject to possible changes by SAVIFIN without any obligation to notify the USER in advance, up to the closure of the CONTRACT and without prejudice to SAVIFIN's rights as set down in the above clause 2.8.
4. METHOD OF PAYMENT
4.1. Payment of the PRICE and the EXPENSES ("PAYMENT") in execution of the CONTRACT can be made by means of the PayPal system, Bank Transfer and/or with any other method that SAVIFIN may decide time by time to make available to the USER via the SITE and/or directly with other methods.
4.2. Payment via PayPal will occur by rerouting to the PayPal site, where the procedures for transfer of the amounts due to SAVIFIN will be completed. The CLIENT's financial data will be managed directly by PayPal and will not be disclosed to SAVIFIN.
4.3. The total amount due for each CONTRACT will be collected at the time of completion of the payment by PayPal.
5. SHIPPING EXPENSES AND TIMES - PRODUCTS DELIVERY
5.1. For destinations in Italy – with the exception of Calabria, Sicily, Sardinia and the locations defined by the Italian Postal Service as 'disagiate' (remote) – the average delivery times to the USER are 24/48 hours from the time of despatch of the PRODUCTS by SAVIFIN; the shipment will be made at the time of closure of the CONTRACT, as defined in the above clause 2.5. For EU countries or non-EU countries the average estimated delivery times of the PRODUCTS will be specified separately for each order. In any case, the stated times are merely estimates and are not binding on SAVIFIN because they are outside its control.
5.2. No responsibility under any whatsoever title can be assigned by the USER to SAVIFIN in the case of delays in processing the ORDER and/or in the shipment/delivery of the PRODUCTS that are the subject of the CONTRACT.
5.3. The PRODUCTS are shipped at SAVIFIN's risk. The risk is transferred to the USER at the time of delivery of the PRODUCTS to the address of the assignee.
5.4. For each CONTRACT entered into through the SITE, SAVIFIN will issue a delivery note, or, for USERS who have entered their VAT number at the time of ORDER creation, the associated accounting document required by law associated with the PRODUCTS purchased and the EXPENSES. These documents will be sent, at the discretion of SAVIFIN, by email to the address indicated by the USER when sending the ORDER or enclosed with the PRODUCTS and shipped with them. No changes can be made to the accounting documents once they have been issued, nor is it possible to issue the document if a USER, who has not provided his/her VAT number in the personal data input form, makes a request for said document at a later date, even if before the date of shipment of the PRODUCTS.
5.5. To allow SAVIFIN to deliver the ordered PRODUCTS the USER or a person delegated by the latter must be present at the delivery address. If no one is available at the time of delivery of the purchased PRODUCTS at the delivery address, the shipping agent will leave a notice advising that the products can be collected within 3 days from the competent SDA office, which can be contacted at the telephone number quoted on the advisory notice to arrange a second delivery attempt at no extra charge. If this period elapses without the USER collecting the PRODUCTS, they will be transferred, free of charge, to the post office specified in the same advisory notice and will be retained and available for collection for 7 working days (including Saturday). Once this additional term has elapsed without the USER collecting the PRODUCTS, they will be returned to the logistics operator designated by SAVIFIN. The USER will then be contacted by SAVIFIN Customer Service and asked to decide whether to request a second shipment, on advance payment of the associated cost, or whether to request a refund for the entire ORDER in accordance with the terms of the next clause; if also the second shipment is unsuccessful, the ORDER will be refunded in accordance with the terms of the next clause.
5.6. SAVIFIN will refund the PRICE paid by the USER after deducting all the costs incurred for shipment and return of the PRODUCTS. The CONTRACT will then be automatically terminated, without prejudice to SAVIFIN's right to claim for greater damages.
5.7. In cases of force majeure, unavailability of means of transport, or unforeseeable events, SAVIFIN reserves the right to terminate the CONTRACT or to split, postpone or cancel, entirely or partly, the scheduled delivery, if said events give rise to a delay in deliveries or make them difficult or impossible and/or cause a significant increase in the associated cost incurred by SAVIFIN. In the foregoing cases, SAVIFIN will inform the USER promptly of its decisions by email sent to the email address provided by the USER. In such cases the USER will be entitled to reimbursement of the price paid, excluding herewith any further claims or demands for compensation from SAVIFIN, for any whatsoever title.
6. SAVIFIN'S RIGHT OF CANCELLATION – USER'S RIGHT OF CANCELLATION – LIMITATIONS TO THE RIGHT OF CANCELLATION
6.1. SAVIFIN reserves its discretionary right to withdraw from each CONTRACT, even if completed, promptly informing the USER of this decision by means of an email sent to the email address specified in the ORDER and proceeding to return the price, if any, already paid by the USER, without the USER thus accruing any right to seek explanation or redress from SAVIFIN.
6.2. Pursuant to the provisions of article 64 et seq of the CONSUMER CODE, the USER is entitled to cancel the purchase without incurring any penalty and without giving a reason. For this purpose the USER must send a notice of its intention to the SAVIFIN Service Department by email or – alternatively – by fax or registered letter with notification of receipt, to be sent within the term of 10 days from the date of receipt of the PRODUCTS.
6.3. The PRODUCTS that are the subject of the cancellation must be returned by the USER and at its own expense, by means of a courier chosen by the USER, to the following address: SAVIFIN S.r.l. c/o G.I.F. Via Desio 47/49, 20813 Bovisio Masciago (MB), Italy.
6.4. For the purpose of the valid exercise of the right of cancellation, the USER must comply with the following conditions and methods:
6.4.1. cancellation can be applied exclusively to the single PRODUCT that is the subject of a single CONTRACT and the USER cannot exercise the right of cancellation exclusively for a part of the purchased PRODUCT;
6.4.2. the right of cancellation is not applicable in the case of personalized PRODUCTS, such as, by way of example and without limitation, PRODUCTS contained in the ORDER for which an adaptation has been requested or became necessary with respect to the standard version of the PRODUCTS, in terms of dimensions, shape or colour.
6.4.3. all the PRODUCTS for which the USER has exercised the right of cancellation and their original packages must be intact, complete in all parts, including packing material, any seals affixed to the package, and any ancillary documentation;
6.4.4. if the PRODUCTS for which the right of cancellation has been exercised reach SAVIFIN in incomplete form and/or in damaged condition, SAVIFIN must solely notify the USER of this in order to allow him/her to seek redress from the shipping agent used to return the PRODUCTS;
6.4.5. SAVIFIN cannot be held liable, under any circumstances, for damage, theft or loss of returned PRODUCTS until the products have been effectively consigned to the company. All risks will therefore be borne exclusively by the USER.
6.5. Once the good condition of the PRODUCTS has been established, SAVIFIN will refund the USER for the entire amount paid exclusively for the products – excluding the shipping costs and all other expenses incurred by the USER irrespective of their nature – included in the CONTRACT subject to cancellation, within and no later than 30 days from the date of receipt of the returned products. The refund will be made by bank transfer to the bank account that the USER must specify in the letter to be sent to exercise the right of cancellation. If this does not occur at the same time as the exercise of the right of cancellation, the foregoing 30 day term will commence from the time SAVIFIN receives the bank account data.
6.6. If the USER violates any of the provisions concerning cancellation as set down in these CONDITIONS, even in part, the CONTRACT will remain valid and effective and SAVIFIN will ship the unduly returned PRODUCTS back to the USER exclusively after having received advance payment from the USER of the associated shipping costs.
7. WARRANTY - RETURNS
7.1. The PRODUCTS are covered by a conventional warranty. Any faults, defects or nonconformities must be reported directly to SAVIFIN. Without prejudice to mandatory legal provisions, SAVIFIN states that it is not responsible for any product faults, defects or nonconformities. The USER's statutory warranty rights provided by the CONSUMER CODE are unaffected by these Conditions.
7.1.1. In the case of defects, on pain of forfeiture of the associated right, the user must inform the SAVIFIN Assistance Service of the defect discovered within 2 (two) months from the date of discovery, sending a copy of the invoice or equivalent document issued by SAVIFIN at the time of delivery .
7.1.2. SAVIFIN will adopt all reasonable measures to repair or replace the defective PRODUCT at its sole and final discretion, at its own expense and within a commensurate time period. If this is not possible, or proves to be unduly costly, SAVIFIN will be entitled to terminate the contract and must consequently return the full PRICE paid including the EXPENSES, to the USER, herewith excluding any further responsibility of SAVIFIN, under any whatsoever title or for any whatsoever reason.
7.1.3. If the USER discovers non-conformity between the goods ordered and the goods received, and in particular, if he/she discovers any problem related to the physical intactness, correspondence or completeness of the PRODUCTS received, without prejudice to the matters set down in the above articles 2.1 and 2.2, he/she must promptly inform the SAVIFIN Assistance Service which will provide the necessary instructions to solve the problem and, where possible, to ship any missing items, replace any defective or nonconforming parts, or refund the associated cost. The USER will never under any circumstances be required to return PRODUCTS that are defective or have been shipped in error, at its own expense.
8. COMMUNICATIONS AND CLAIMS
8.1. All communications and any possible claims made to SAVIFIN must be addressed to the SAVIFIN Assistance Service, Via Volta 34 20825 Barlassina (MB), Italy.
9. INFORMATION FOR PROCESSING OF PERSONAL DATA PRIVACY PRACTICES PURSUANT TO THE PROVISIONS OF ARTICLE 13 OF ITALIAN LEGISLATIVE DECREE NO. 196 OF 30 JUNE 2003
9.1.1. In compliance with Italian decree D.Lgs. no. 196 of 30 June 2003 (Data Protection Act) as amended, we hereby provide the USER with the required information concerning the processing of his/her personal data and, potentially, sensitive data, in our company's possession.
9.1.2. Aims of the data processing for which permission is granted, where required (art. 23 of Italian legislative decree 196/03). Data of a personal and potentially sensitive nature supplied voluntarily will be subject to processing for the following aims:
- possible transmission of information requested by the USER;
- possible inclusion of the USER's name on the SITE;
- administrative acts strictly connected to and instrumental in the management of relations with customers (e.g. acquisition of preliminary information prior to the closure of a contract, execution of operations on the basis of the obligations deriving from contracts entered into with customers, etc.)
- accounting activities (issue of invoices, bank payment instructions);
- supply of goods and services and for the protection of the accounts receivable deriving from such supplies;
- information activity, for formal drafting of requests for information concerning products, for the preparation of quotations or proposals;
- registration in mailing lists, IT operations
- commercial and statistical aims, unless consent is withdrawn.
9.1.3. Methods of processing – Retention. Data will be processed using automated and/or manual systems, with adequate methods and tools to guarantee the maximum level of security and confidentiality, by specifically appointed data processing officers in compliance with the provisions of article 31 et seq of Italian legislative decree 196/03. The data will be retained for a period no longer than the necessary period for purpose for which they were collected and subsequently processed.
9.1.4. Scope of disclosure and dissemination. The USER's data subject to processing will not be disseminated except in the limits set down in the following permission request information notice; they may however be communicated to companies associated with SAVIFIN, in compliance with the terms and within the limits of art. 42 of Italian legislative decree no. 196/2003. The data can be disclosed to third parties belonging to the following categories:
- parties that supply services for management of the information system used by SAVIFIN and the telecommunications networks (including the email system);
- service companies for the acquisition, recording and processing of data deriving from documents or media supplied and created by customers and with the aim of performing mass data processing in relation to payments, instruments of credit, cheques and other securities;
- parties providing customer assistance services (e.g. call centres, help desks, etc.);
- professional practices or companies providing assistance and consultancy services;
- parties responsible for control, auditing and certification of the operations performed by SAVIFIN also in the interest of its clients;
- competent authorities for compliance with legal obligations and/or orders issued by public authorities, on request;
The parties belonging to the foregoing categories perform the function of Data processing managers, or they operate in complete independence as separate Data controllers. A list of data processing managers is constantly updated and can be consulted at SAVIFIN's headquarters. Any further disclosure or dissemination of personal data is permitted only with the express consent of the USER.
9.1.5. Nature of the provision. The provision of data by the USER is optional. However, if the data are not provided SAVIFIN may be unable to supply the services necessary to meet its contractual, accounting or tax obligations. The data controller hereby states that any non-disclosure or incorrect disclosure of any mandatory information will produce the following consequences: 1) impossibility of the data controller to guarantee the compliance of data processing with the contractual agreements for which they were processed; 2) possible conflict of the data processing results with the obligations imposed by the tax, administrative or employment legislation in consideration of which the data are processed.
9.1.6. The USER can exercise his/her rights as set down in articles 7, 8, 9 and 10 of Italian legislative decree no. 196 of 30 June 2003 by contacting the data controller, SAVIFIN, through its legal representative for exercise of the rights granted by art. 7 of Italian legislative decree 196/03, by contacting our headquarters.
9.1.7. Excerpt from art. 7 concerning the right of access to personal data and other rights. 1. The USER is entitled to obtain confirmation of the existence or inexistence of his or her personal data, even if not yet registered, and can request their communication in intelligible form. 2. The USER is entitled to be informed of: a) the source of his/her personal data; b) the aims and methods of processing; c) the logic applied for data processing using electronic instruments; d) the particulars of the data controller, the data managers and the representative designated pursuant to article 5, subsection 2; e) the parties or categories of parties to whom the personal data may be disclosed or to whom the personal data may become known, for example due to their role as a designated representative in the Italian State, or in their duties as data managers or data processors. 3. The USER is entitled to obtain: a) updating, correction or, if required, addition to the data; b) erasure, conversion to anonymous form or blocking of data in cases wherein data processing was unlawful, including cases wherein data retention is not necessary in relation to the stated aims for which the data were collected or subsequently processed; c) an attestation confirming that the operations as at letters a) and b) have been brought to the attention, also in relation to their contents, of the parties to whom the data have been disclosed or disseminated, except in the event that such action is impossible or would call for a disproportionate use of resources in relation to the protected right. 4. The USER has a right to object, entirely or partly: a) to processing of his/her personal data for legitimate reasons, even such data are relevant to the purpose of collection; b) to processing of his/her personal data for direct marketing or sales or market surveys or commercial communications.
9.1.8. Session 'cookies' are used to streamline the analysis of Internet traffic and facilitate the access of USERS to the services offered on the SITE; the use of cookies does not involve the transmission or acquisition of any personal data and no user tracking systems are used.
9.1.9. The Data controller is: Savifin S.r.l., Via Volta 34 20825 Barlassina (MB), Italy.
10. REFERENCE LEGISLATION – GOVERNING LANGUAGE – FINAL PROVISIONS - COURT OF JURISDICTION
10.1. These CONDITIONS, the CONTRACT and all other relations existing between the USER and SAVIFIN are regulated by Italian law and subject to Italian jurisdiction.
10.2. The CONDITIONS are available in Italian and English; in the event of conflict between the two versions the Italian version prevails.
10.3. If one of the clauses of these CONDITIONS is or becomes invalid in its entirety or in part, this shall not affect the efficacy of the remaining clauses. The invalid clause will be automatically replaced by a valid and enforceable clause that reflects, to the extent permitted in law, the intent and purpose of the original clause as closely as possible
10.4. Any failure to exercise a right granted to SAVIFIN by these CONDITIONS shall not prejudice SAVIFIN's right to exercise the same right in the future.
10.5. All disputes concerning the CONDITIONS or the CONTRACT and any subsequent relationship entered into between SAVIFIN and the USER will be referred to the sole competence of the Law Court of Monza with the exclusion of any alternative jurisdiction, without prejudice to mandatory consumer protection legislation.
Pursuant to the provisions of articles 1341 and 1342 of the Italian Civil Code, the USER declares he/she has read, fully understood, and hereby accepts the following clauses: 1- GENERAL TERMS AND CONDITIONS OF SALE; 2- PURCHASE PROCEDURE – CLOSURE OF THE CONTRACT OF SALE; 3- PRICE OF THE PRODUCTS; 4- METHOD OF PAYMENT; 5- SHIPPING EXPENSES AND TIMES - PRODUCTS DELIVERY; 6- SAVIFIN'S RIGHT OF CANCELLATION - USER'S RIGHT OF CANCELLATION – LIMITATIONS TO THE RIGHT OF CANCELLATION; 7- WARRANTY – RETURNS; 8- COMMUNICATIONS AND CLAIMS; 9- INFORMATION FOR PROCESSING OF PERSONAL DATA; 10- REFERENCE LEGISLATION - GOVERNING LANGUAGE - FINAL PROVISIONS - COURT OF JURISDICTION.