Terms of Sale

Contract for the online sale of consumer goods
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Identification of the Supplier
The goods covered by these general conditions are offered for sale by ETTER SAS with headquarters / branch in Cerro Maggiore (Mi), alley II June nr. 4, registered with the Milan Chamber of Commerce, VAT no. 07732150961 hereinafter referred to as "Supplier", email address info@etter.it
1. Definitions

1.1. The expression "online sales contract" means the purchase and sale contract relating to the tangible movable property of the Supplier, entered into between them and the Buyer as part of a distance selling system through telematic tools, organized by the Supplier.

1.2. The expression "Purchaser" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity that may be carried out.

1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.

2. Object of the contract

2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible movable goods indicated and offered for sale on the website www.sealforyou.com using telematic tools.

2.2. The products referred to in the previous point are illustrated on the web page www.sealforyou.com.

3. Method of conclusion of the contract
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.sealforyou.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 1 of the previous article.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact compilation of the request form and the consent to the purchase manifested through the adhesion sent online or by filling in the form / form attached to the online electronic catalog at www.sealforyou. com and the subsequent sending of the form / module itself, always after viewing a printable web page of the order, which contains the details of the sender and the order, the price of the purchased good, the shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.

4.2. When the Supplier receives the order from the Purchaser, he sends an e-mail of confirmation or displays a web page of confirmation and summary of the order, printable, which also contains the data recalled in the previous point.

4.3. The contract is not considered concluded and effective between the parties in default of what is indicated in the previous point.

5. Methods of payment and refund

5.1. Each payment by the Buyer can only be made by one of the methods indicated on the specific web page by the Supplier.

5.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.

5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

6. Times and methods of delivery

6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.

6.2. Shipping times may vary from the day of the order to a maximum of working days from the confirmation of the same. In the event that the Supplier is unable to make the shipment within that period but, in any case, within that indicated in the following point, a prompt notice will be given by e-mail to the Buyer.

6.3. The methods, times and shipping costs are clearly indicated and well highlighted in the process of completing the purchase and on the summary page of the same.

7. Prices

7.1. All sales prices of the products displayed and indicated on the website www.sealforyou.com, are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.

7.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (for example: customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the buyer and also contained in the summary page of the order placed.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.

8. Product availability

8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.

8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will notify the Buyer if the asset is no longer bookable or what are the waiting times to obtain the chosen asset, asking if it intends to confirm the order or not.

8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.

9. Disclaimer

9.1. The Supplier assumes no responsibility for disservices attributable due to force majeure, in the event that it is unable to execute the order within the times provided for in the contract.

9.2. The Supplier cannot be held responsible towards the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.

9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser following the non-execution of the contract for reasons not attributable to him, having the Purchaser entitled only to the full refund of the price paid and any accessory charges incurred .

9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

9.5. In no case can the Purchaser be held responsible for delays or misunderstandings in payment if he proves that he has made the payment in the times and ways indicated by the Supplier.

10. Liability for defect, proof of damage and compensable damages: the Supplier's obligations

10.1. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured person, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied the goods. .

10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.

10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer has put the product into circulation, did not yet allow the product to be considered defective.

10.4. No compensation will be due if the injured party has been aware of the defect of the product and the danger that derives from it and nevertheless has voluntarily exposed himself to it.

10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.

10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.

10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

11. Guarantees and methods of assistance

11.1. The Supplier is liable for any lack of conformity that occurs within two years from the delivery of the goods.

11.2. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts.

11.3. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered....

11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the defect of compliance.

11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.6. The request must be sent in writing, by registered mail with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven days. working since receipt. In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the methods of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Buyer, the latter may request, at his choice, a reasonable price reduction or termination of the contract. In this case, the Buyer will have to send his request to the Supplier, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within seven working days of receipt.

11.8. In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, the Purchaser will be responsible for indicating the methods for re-crediting the amounts previously paid to the Supplier.

12. Obligations of the Buyer

12.1. The Buyer undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.

12.2. Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep this contract.

12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.

13. Right of withdrawal

13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.

13.2. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.... 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer.

13.3. If the Purchaser decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to vicolo II June 4, 20023 Cerro Maggiore (Mi) or by fax to the number 0331/512020 or by e-mail to info@etter.it, provided that these communications are confirmed by sending a registered letter with return receipt to vicolo II June 4, 20023 Cerro Maggiore (Mi) within 48 (forty-eight) hours thereafter or via e-mail to the email address info@etter.it. For the purpose of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided in the same terms. The date of delivery to the post office or shipper will prevail between the parties.

13.4. The return of the goods must however take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, 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 conservation.

13.5. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned o risk of deteriorating or altering rapidly, of the supply of newspapers, periodicals and magazines, as well as goods the price of which is linked to fluctuations in the rates of the financial market which the professional is not able to control and in any other case provided for by art. 55 of the code cons.

13.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to accept them.

13.7. The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days from the receipt of the notice of withdrawal.

13.8. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parts of this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.

14. Causes of termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the failure to fulfill only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to art. 1456 of the civil code, without the need for a judicial judgment.
15. Protection of confidentiality and processing of the Buyer's data

15.1. The Supplier protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation referred to in Legislative Decree June 30, 2003, nr. 1961.

15.2. The personal and tax personal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, IT, telematic form, in relation to the processing methods, with the aim of registering the order and activating in the to you the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art.24 , paragraph 1, letter b), Legislative Decree 196/2003)22.

15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. 1 General provision of the Guarantor for the protection of personal data Simplifications of certain obligations in the public and private spheres with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal of 1 July 2008, no. 152.2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal 21 June 2007, n. 142. These data may be presented only upon request of the judicial authority or other authorities authorized by law.

15.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.

15.5. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification that the operations referred to in the letters a) e b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case where this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right . The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.

15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.

15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.

15.8. The owner of the collection and processing of personal data is the Supplier, to whom the buyer can direct any request at the company headquarters.

15.9. Anything received by the Supplier's e-mail address (including electronic) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Supplier for the content of the messages themselves.

16. Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital / paper form on the server / at the Supplier's premises, according to criteria of confidentiality and security.
17. Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: vicolo II June 4, 20023 Cerro Maggiore (Mi), or sent by fax to the number 0331/512020 or sent by email to the following address info@etter.it. The Purchaser indicates in the registration form their residence or domicile, the telephone number or the e-mail address to which they wish the Supplier's communications to be sent.
18. Settlement of disputes

18.1. All disputes arising from this contract will be devolved to an attempt at conciliation with the mediation body of the Milan Chamber of Commerce and resolved according to the Conciliation Regulation adopted by the same.

18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elected domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.

19. Applicable law and postponement

19.1. This contract is regulated by the Italian law.

19.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.

19.3 Pursuant to art. 60 cod. cons., the regulations contained in Part III, Title III, Chapter I of the Code are expressly referred to here. cons. Final clause This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously occurred between the parties and concerning the subject of this contract


English