Terms & conditions
CMS srl UNIPERSONALE with legal address in Via Piave 16 , 24050 Palosco (BG) - Italy, Vat number 04076210162 - PEC address - REA Number BG - 433148, offers and sells via e-commerce the products available on
1 - GENERAL CONDITIONS
The confirmation and the sending of an order by a customer ("Customer" means a site user that accesses and checks out of the e-commerce website), according to the instructions that appear time after time on web pages implicates the acknowledgment and full acceptance of these terms and conditions of sale by the customer. The sales contract between CMS srl Unipersonale and the customer is considered complete when CMS Srl Unipersonale accepts the order.
If the customer is a consumer ( a person who buys merchandise for purposes not related to his or her professional activity or who makes a purchase order without indicating a VAT number) on completion of the online buying procedure, the consumer shall print or save an electronic copy and keep these general sales conditions in accordance with the provisions of Article 3 and 4 of the Legislative Decree 185/99 regarding the distance selling.
The customer is not entitled to damages or compensation and any contract liability for the failure to accept, even partially, an order.
2 – PURCHASE METHOD
The customer can only purchase the products in the catalog at the time of the order and viewable online as described in the relevant information sheets. The order will be processed upon receipt of a valid e-mail address by the customer of a confirmation notice regarding the authorization to charge the price and delivery charges on customer's credit card, as better indicated in the ensuing article 5.
The picture accompanying the description of a product cannot be fully representative of its features and the product may differ in color, size, and accessories from the picture. All the information necessary to support a purchase is intended as material providing mere general information, not relating to the actual characteristics of a single product.
The correct reception of the order is confirmed by CMS srl Unipersonale through by email, sent to the email address supplied by the customer. This confirmation message will contain date and time of receipt of order and customer order number to be used in all further communications with Commerce: CMS srlUnipersonale. The message will include all data entered by the customer, all the information regarding the characteristics of the goods, the indication of the price, payment methods, the terms and delivery charges and the applicable taxes. The Customer must verify the correctness and report any necessary corrections, as described in this document. In case of non-acceptance, CMS Srl Unipersonale will ensure a timely notification to the customer.
3 - PRICES
The products will be sold at the prices indicated in the online product sheet at the time of confirmation of order by the customer. The costs for delivery shall be borne by the customer and appear on the web page after clicking on the button "calculate transport costs". Before the customer confirms the order by clicking the appropriate button on the web page, a summary of all the prices of the products loaded on the shopping cart will be listed, including taxes and delivery charges. This information with then be automatically reiterated on the order form that the customer sends CMS srl Unipersonale after confirming the order.
4 - ACCOUNTING DOCUMENTS AND DELUVERY OPTIONS
For all orders accepted and executed, CMS srl will issue a receipt (or an invoice if the customer has indicated its VAT on the order) of the material that has been shipped and will send it via e-mail to the Customer, in accordance Article 14 of Presidential Decree 445/2000.
For the issuance of the receipt (and / or invoice) the information provided by the Customer at the moment of the order will be considered valid. Once it has been issued, no change in the tax document will be possible.
No responsibility can be attributed to CMS srl Unipersonale in case of delay in the execution or the delivery of the order.
5 - PAYMENT
The customer can pay only by credit card. When the customer places the order, the bank will authorize the commitment of the amount for the order placed on the customer's credit card. The amount relating to the goods delivered, even partially, will be charged to the customer’s credit card only upon communication, by courier, to CMS srl Unipersonale, of the shipment of goods ordered. Should the customer exercise his or her right of withdrawal, in the manner established in Article 6, Fully CMS srl Unipersonale will refund the amount charged by the bank to the account number specified by the customer minus the shipping costs already incurred. In no time of the purchase, will CMS srl Unipersonale be able to know the customer's credit card details which are sent via secure connection directly to the bank which handles the transaction and CMS srl Unipersonale will keep no archive of such information.
6- RIGHT TO WITHDRAWAL
Under Article 5 of the Legislative Decree n. 185/1999, if the customer is a consumer (i.e. a person who buys goods for purposes not related to his professional activity, or does not indicate a VAT number in the purchase order form sent to CMS srl Unipersonale), he or she is entitled to rescind the purchase contract for any reason, without providing any explanation and without penalty, except as indicated in paragraph 6.3
To exercise this right, the customer will have to send CMS srl Unipersonale a written communication using the contact form in the website in this regard, within 14 working days from the date he or she has received the goods.
Or by telegram or by e-mail both sent within the above mentioned term of 14 working days and this notice shall be followed by a confirmation that will have to be sent by registered letter with receipt notice sent exhaustively within 48 hours from the previous notice. Once the aforesaid notice has been received, the CMS srl Unipersonale customer service will immediately inform the customer on how to return the goods which must be received by CMS srl Unipersonale within 14 days from the authorization.
The right to withdrawal is in any case subject to the following conditions:
The law applies to product purchased in its entirety;
The products must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation, etc. ...);
The customer should not in any case attach labels or tape directly onto the original packaging of the product;
The postage for the return of the merchandise is charged to the customer;
The shipment is under the full responsibility of customer until the certificate of receipt in our warehouse.
If goods are damaged during transport, CMS srl Unipersonale will notify the customer of the incident (within 5 working days of receipt of goods in their stores), to enable a timely complaint against the carrier of his choice and reimbursement of the value of the property (if insured), in this case, the product will be made available to the customer for its return, while canceling the request for withdrawal; CMS srl Unipersonale does not respond in any way for damage or theft / loss of goods returned by uninsured shipments upon arrival (in stock), the product will be inspected for any damages not caused by transport. If the package and / or the original packaging are damaged, CMS srl Unipersonale will deduct from the refund due to a percentage, but no more than 10% of it, towards the cost of recovery.
Without prejudice to any repair costs for damage to the original packaging, CMS srl Unipersonale will refund the customer the full amount paid excluding shipping charges, within 14 days of return of goods. The operation of reimbursement will be made by CMS srl Unipersonale via credit the amount due to the credit card.
The right to withdrawal is lost due to the lack of the essential integrity of the merchandise (the packaging and / or its contents), where CMS srl Unipersonale finds that:
the absence of the outer and / or internal packaging;
the absence of product components (accessories, parts, ...);
damage to the product for reasons other than transportation.
Should there be a forfeiture of the right to withdrawal, CMS srl Unipersonale will return to the sender the goods purchased by charging the shipping costs to the customer.
7 – WARRANTY AND CLAIMS
All Invicta products sold by CMS srl Unipersonale are covered by a manufacturer's standard warranty and by a 24-month warranty for conformity defects, according to Legislative Decree 206/05. To use the warranty, the customer must keep the receipt or invoice (or Delivery Note) which he or she will receive by e-mail in PDF format.
The exercise of the guarantee establishes that the customer make a service request to an authorized service center in the area and / or follow the procedures outlined in the documentation included in the packaging of the product.
The manufacturer's standard warranty is provided as described in the documents included in the packaging of the product. If, following inspection by an Authorized Service Center, the defect is not covered by manufacturer's standard warranty, the customer will be charged for any verification and recovery costs required by the Authorized Service Center, as well as any transportation costs incurred CMS srl Unipersonale
The guarantee of 24 months in accordance with Legislative Decree 206/05 applies to products that present a lack of conformity, provided that the product is used correctly, in accordance with its intended use and as provided in the technical documentation. This warranty is for private consumption (a person who buys goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number on the order form). In the case of lack of conformity, CMS srl Unipersonale provides, without cost to the customer, the restoration of conformity by repair / replacement or reduction of price, until the termination of the contract. If, following inspection by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Legislative Decree 206/05, the customer will be charged for any verification and recovery costs required by the Authorized Service Center and any transportation costs if incurred by CMS srl Unipersonale. Replacements in case of DOA (Dead on Arrival: Product not working on delivery) occur only if expressly provided by the manufacturer. The timing of replacement or repair of any product depends solely on the policies of the manufacturer.
In the case that, for whatever reason, CMS srl Unipersonale is not able to return to the customer the product under guarantee (repaired or replaced), it will proceed at its own discretion to refund the paid amount considering the use of the merchandise or its replacement with a similar or higher quality product.
The time to repair or replace any product depends solely on the policies of the manufacturer and no damage can be obtained from CMS srl Unipersonale. for any delays in repairs or replacements.
In cases in which the application of the guarantee foresees the return of the product, the product must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc.); in order to limit the damage to the original packaging, we recommend to place it in a second box. In all cases, the customer should avoid attaching labels or tape directly on the original product packaging.
The customer will be given an authorization number to return the product (RMA) which must appear on the outside of the package, following the instructions provided in the authorization e-mail.
we hereby inform you that, pursuant to art. 13 Legislative Decree 30.06.2003 n. 196, the personal data that will be supplied by the customer to CMS srl Unipersonale will be treated by same, also electronically, as information to include in the customer archives and that they are necessary for the eventual conclusion of a contractual relationship and for the subsequent observance of civil, tax, and management requirements. The data can also be used for statistic extrapolations, for commercial and promotional communications, without prejudice to the fact that the Client has the right to communicate at any time that he or she no longer wants to receive such notices. Providing such data is optional, but the lack of such information will make it impossible to conclude a sales contract and consequently accept the order.The customer’s data may also be communicated to, for the same purposes as the collection, other companies that belong to the group, business partners, and to subjects to which services are entrusted in outsourcing. The owner of the data treatment CMS srl Unipersonale., with headquarters in Via Ferdinando Bonaventura Moggi 11, 50127. Please take note that, in relation to the provisions indicated in Art. 7 of the above-mentioned legislative decree, the Customer will, among other rights, obtain:
The confirmation of the existence of personal data concerning the customer
The cancellation, transformation into an anonymous form or block of any data processed unlawfully;
The updating, rectification or integration of the data.
The customer may exercise the rights under Art. 7 by writing to:
9 –APLLICABLE LAW AND JURISDICTION
This agreement is governed by Italian law.
For the resolution of civil and criminal litigation arising from the termination of this Agreement, if the customer is a consumer, the jurisdiction will be that of the customer’s city of residence and in all other cases the jurisdiction will only be the forum of Bergamo, Italy.