All orders placed by private clients and legal persons, (hereinafter “Client” or “Clients”) with S.C.S. & Co. srl – Scatola del Tempo®, limited liability company under Italian law with capital of 50.000€, of which the registered office is located at Via Don Luigi Sturzo, 65 - 22066 Mariano Comense – CO - Italy, (hereinafter “Scatola del Tempo”), via its commercial website accessible at www.scatoladeltempo.com (hereinafter “Website”) and relating to products marketed by this company are subject to these general conditions.
ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE
No special conditions can, unless formal acceptance by Scatola del Tempo, prevail over these General Conditions.
Any contrary condition put forward by the Client will be, in the absence of express acceptance, unenforceable against the company Scatola del Tempo, regardless of when it may have been brought to its attention.
The Client, prior to his/her order, declares to be of age or with the authorisation of his/her legal representatives, and to have the full legal capacity, allowing him/her to commit himself/herself under these General Conditions of Sale and his/her order towards Scatola del Tempo.
Scatola del Tempo reserves the right to modify at any time these Conditions of Sale.
As such, the new General Conditions shall be enforceable against the Client as of his/her validation by the latter. However, any modification of these Conditions shall be deemed to be accepted and enforceable against the Client if the latter, having been informed of the said modifications, does not expressly oppose in writing to the new General Conditions within one week of becoming aware of this modification.
The fact that Scatola del Tempo does not, at any given time, invoke any of the present provisions of these General Conditions of Sale cannot be interpreted as a waiver of any of the said conditions at a later date.
I – ORDER:
Any order must be preceded by the validation, by the Client, of these General Conditions of Sale to be definitively validated by Scatola del Tempo.
Scatola del Tempo’s products are presented on a Product Sheet on which the Client has the opportunity, before finalising his/her Order, to verify the selling price, shipping costs based on the delivery address entered, as well as the description of the product.
By clicking successively on the “add to cart”, “confirm order” and “order” buttons during the ordering process, the Client declares to fully and unreservedly accept these General Conditions.
After having confirmed the contents of his/her order, the Client will validate it definitively by the corresponding payment.
Once the payment is made, the Client will receive an e-mail highlighting the essential information of the latter, mentioning the delivery information, as an indication.
The products are offered for sale subject to the stocks available.
If for any reason beyond its control, Scatola del Tempo cannot proceed with the delivery of the ordered product, it undertakes to send an informational e-mail to the Client to inform him/her of the follow-up and the processing of the order.
Scatola del Tempo retains ownership of the delivered products until full payment of the invoices and reserves the right to suspend delivery in the event of late payment and this until full settlement of the account.
Scatola del Tempo reserves the right to refuse any order for legitimate reasons, and in particular, without this list being exhaustive, in cases where the quantities ordered are abnormally high or unusual for a single Client, in case of fraud or attempted fraud and in case of payment incident.
II – RIGHT OF WITHDRAWAL:
The Client has the right of withdrawal on the contract, without any penalty and without specifying the reason, within 14 days from the reception of the items.
This right is only reserved to individuals (consumers) and it can not be exercised from a legal person and from individuals who act with purposes related to their professional activity.
To exercise the right of withdrawal, the Client may send an e-mail, PEC or fax to: S.C.S. & Co. srl - Via Don Luigi Sturzo n. 65, 22066 Mariano Comense (CO) – Italy – e-mail: email@example.com - Fax: +39 031 360 180
The costs of the product return are totally chargeable to the customer, who for that reason could choose if he thinks fit, the more suitable means, provided that reliable.
S.C.S. & Co. srl will refuse any items returned for what the customer has not already paid the costs of return.
The right of withdrawal totally decays if the returned item is not complete, that is to say:
- lack of original packaging
- lack of important parts of the item (accessories)
- damage of the item due to other causes than the transport
- item used
- item tampered
As the items will be valued in their integrity, Scatola del Tempo will refund the value of the returned items as soon as possible: the refund will be made within 15 days since the receipt of the withdrawal communication.
III – PRICE AND PAYMENT
3 a: Price display by Scatola del Tempo
The prices displayed on the Scatola del Tempo Website are those in effect on the day of the order by the Client.
Prices are indicated in Euros, Swiss Francs, British Pounds and US Dollars and can be varied without any notice.
By default, all prices include VAT (if applicable).
3 b: Payment
Payment can be made by credit card, PayPal or bank transfer.
In case of exercise of the Client’s right of withdrawal under the conditions mentioned above, Scatola del Tempo will credit the credit card, bank account or PayPal account of the Client in return, according to the terms and conditions chosen by the Client when placing the order.
IV – DELIVERY AND BILLING
4 a: Delivery and billing address
The products are shipped by Scatola del Tempo to the address indicated by the Client when ordering.
On request, the Client has the choice of a different invoicing address (called billing address) by validating the option provided for this purpose when ordering.
4 b: Shipping costs
The shipping costs are calculated by Scatola del Tempo according to the delivery address entered by the Client when ordering.
4 c: Product Verification
At the time of receipt of his/her order, the Client is required to check the condition of the packaging of the goods and report on the delivery note all visible damages due to transport.
Any incident concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products) will be imperatively reported to Scatola del Tempo within 48 hours maximum, to the following address: firstname.lastname@example.org or via the “contact us” section of the Website.
4 d: Delivery time
The delivery times indicated by Scatola del Tempo, in the order, are as accurate as possible.
Failure to deliver by the indicated time does not give rise to damages, deductions or cancellation of orders in progress.
By accepting these General Conditions of Sale, the Client waives any request for compensation for any material or immaterial damage that may result from a delay in delivery.
V – MAINTENANCE AND AFTER-SALES SERVICE
Routine maintenance and cleaning of the products is the responsibility of the Client.
Due to the technical nature of the products, and for safety reasons, repairs shall only be carried out by the Scatola del Tempo after-sales service in accordance with the specific conditions of each product.
Consequently, Scatola del Tempo will be released from any liability in case of modification, repair, addition and/or replacement of spare parts on the Product by any other party other than the Scatola del Tempo after-sales service.
VI – GUARANTEES AND RESPONSIBILITIES
6 a: Warranty period
Scatola del Tempo pays particular attention to the quality of its products, which are covered by a 3-year warranty from the day of delivery to the Client.
Scatola del Tempo is required to deliver a product in conformity with the contract and is liable for any lack of conformity of the goods in accordance with the legal provisions.
Under these conditions, the Client, under the legal guarantee of conformity, may choose between the repair or the replacement of the product, subject to the cost conditions.
Under no circumstances will the product be refunded by Scatola del Tempo.
6 b: Repairs outside guarantees
In case of a repair request for a product whose warranty has expired, Scatola del Tempo will offer a quote to the Client.
6 c: Force majeure
Scatola del Tempo cannot be held liable for breach of its contractual obligations due to a fortuitous event or a case of force majeure as defined by the Italian case law.
Similarly, Scatola del Tempo cannot be held liable for delay due to a product being out of stock at one of its suppliers.
VII – SEVERABILITY
If any provision or part of the provisions of these General Conditions of Sale should be deemed illegal, void or unenforceable, such provision or partial provision shall be deemed not to form part of these General Conditions of Sale.
The legality, validity or enforceability of the other provisions of these General Conditions of Sale will not be affected, unless the law in force requires the opposite.
These General Conditions of Sale (together with the above-mentioned conditions and related policies) constitute the entire agreement between Scatola del Tempo and the Client with respect to the ordering of products, and cancel and replace any agreement, drafts, covenant or other agreement of any kind entered into by the parties, whether verbal or written, with respect to that object.
VIII – DATA PROTECTION AND COOKIES
IX – APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to the Italian law.
All disputes relating to the commercial relationship between Scatola del Tempo and the Client are subject to the jurisdiction of the Italian courts and exclusively to the Court of Como in the jurisdiction of which Scatola del Tempo is established.