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Conditions of sale

1) General information

Sarchio S.p.A., registered and administrative offices in Via dei Barrocciai 42, 41012 Carpi (MO), Tel. +39 059-658511, Fax +39 059-653878, fully paid up share capital € 165.000,00 =, registration number in the Modena Business Register and fiscal number 01353270364, VAT number 01353270364 (hereinafter “Sarchio”), gives consumers the opportunity to purchase Sarchio products (hereinafter “Products”) over the Internet via its website www.sarchio.com (hereinafter “Website”), of which it is the sole and exclusive owner.
 
These general terms and conditions of sale (“General Conditions”) are governed by the Italian Consumer Protection Law (Law 206/2005 and subsequent amendments and additions), section II, Distance Sales (articles 50 – 67) and by the regulations applying to e-commerce (Law 70/2003) and only apply to Products sold via the Internet, as identified and listed in the relevant section of the Website.
 
The Customer (hereinafter “Customer”) is invited to print and keep these General Conditions for future reference. In the event of any changes to the General Conditions, the purchase order will be subject to the General Conditions as published on the Website at the time when the Order was sent by the Customer.
 
Should the customer placing an order on the Website demand an invoice and/or is not a “consumer or user” as defined in article 3, paragraph 1, letter a) of the Consumer Protection Law, the specific conditions for withdrawal from these General Conditions will not be applicable, or any other provisions that apply exclusively to “consumers” according to the Consumer Protection Law.
 
Contracts stipulated with Sarchio via the Website are subject to these General Conditions and Italian law. Contracts are in Italian.
 
2) Product offering for the public
The Products and relative Prices shown on the Website constitute a product offering for the public in compliance with the terms stipulated in the General Conditions and on the Website itself. The Conditions of this offer apply exclusively to purchases made via the Website. Purchase contracts (hereinafter “Contracts”) stipulated on the Website are entered into with Sarchio.
 
When the Customer sends the confirmation of his purchase order via computer, he unconditionally accepts and agrees to comply with the general conditions of sale and the terms of payment described below for all dealings with Sarchio, and also confirms he has read and accepts all the information provided pursuant to the requirements of the regulations mentioned above. He furthermore acknowledges that Sarchio S.p.A. is not bound to any other conditions unless these have been agreed in advance in writing. The Customer also confirms the accuracy of any data he provides during registration and thus releases Sarchio S.p.A. of any liability linked to the inaccuracy of said data.
 
3) Prices
All Prices indicated on the Website are in Euros and include VAT, taxes and duty.
 
Shipping charges (hereinafter “Shipping Charges”) are always excluded and are for payment by the Customer. They are shown clearly in the Purchase Order (hereinafter “Purchase Order”).
 
The Price shown on the Website at the time the Order is sent will be applied to the Products, without any consideration of previous offers or subsequent changes to the Price.
 
4) Purchase Order
By ordering the Products on the Website, the Customer states and guarantees that: a) he is legally able to enter into the contract or has parental permission to make a purchase on the Website. b) He is ordering the Products purely for personal use. c) He agrees not to market, resell or distribute the Products to third parties in any way or for any other purposes than private use, and in particular non-commercial use. The selling party takes the information provided by the Customer in good faith and so is exempt from any associated responsibility and verification.
To place an order, the information required in the “My Data” section must be provided and the “Electronic Shopping Basket” must be used according to the instructions provided. The Order consists of a summary page, which is accessed when the “Complete my order” button is pressed, and this page should be printed and kept for future reference.
The Customer may only purchase the products in Sarchio S.p.A’s electronic catalogue when he places his order, which are displayed online at www.sarchio.com and are described in the associated datasheets. Any image provided with a product datasheet is by way of example and may not be an accurate representation of its features. The images and colours of the products on sale at www.sarchio.com or of any environments shown may not be entirely accurate due to the Internet browser or the user’s monitor.
The Customer has successfully completed the Ordering Procedure if the website does not show any error message (the system is not able to detect any errors in the data entered by the Customer in fields reserved for the billing and delivery addresses).
The contract stipulated between Sarchio spa and the Customer is considered as concluded when Sarchio spa accepts all or part of the order. Said acceptance is automatic, unless the Customer receives notification to the contrary by whatever means.
Sarchio will send an e-mail with the “Order Confirmation” to the email address supplied by the Customer, thus acknowledging the order has been received correctly. The confirmation contains the Date and Time the order was placed and a “Customer Order Number”, which should be used in any subsequent communication with Sarchio spa. The message will include all the data entered by the Customer, who should check it is correct and report any errors, as instructed in this document. If it is not be possible to accept an order, Sarchio spa will inform the Customer without delay. Sarchio spa reserves the right to cancel any suspicious orders without notice. Should this occur, Sarchio spa will refund the total amount of the order immediately if the Customer has already paid and the funds have been transferred.
Sarchio invites the Customer to check the information in the Order Confirmation carefully and to inform Sarchio of any necessary corrections within 24 (twenty four) hours of receiving it. It may occasionally occur that the Products offered are not available. In this case, should the Products chosen by the Customer be all or partly unavailable, Sarchio will notify the Customer within 2 working days. It is possible to check the availability of products by referring directly to our catalogue. Should the quantity indicated in the order be unavailable at the time, or should a product be sold out as a result of several orders arriving together, our Customer Service team will contact the Customer promptly and offer the option of waiting for the product to become available again, a replacement product or a refund of the product’s full amount if payment was made by credit card.
Only the actual amount for the goods to be delivered to the Customer will be charged regardless of the preferred method of payment.
 
Prices, specifications and the availability of products are subject to change without notice.
 
The Customer has no right to claim for damages or compensation, or contractual or tort liability for direct or indirect damages to persons and/or property resulting from the failure to deliver part or all of an order.
 
Sarchio spa reserves the right to modify, suspend or discontinue all or part of the services offered on the Website at any time, with prior notification to any persons who have placed an order on the Website.
 
5) Method of payment
All payments must be made exclusively in Euros. The following methods of payment may be used:
  • advance bank transfer
  • credit card or PayPal

 
Advance bank transfer..

In this case, the total amount shown in the “order confirmation” received by email should be transferred to:
 
Sarchio spa
Bank Account:
CASSA DI RISPARMIO DI PARMA E PIACENZA SPA
BRANCH 284 – CARPI
IBAN: IT75W0623023300000043475001
Reason for payment: enter the customer order number and the date of the order confirmation
 
Payment must be made within 5 days of placing the order. The order will be deleted automatically in case of failure to pay within this time.
 
Credit card
If the goods purchased are to be paid by credit card, the transaction may be completed using Pay Pal’s secure server. However, the Customer is given the choice when finalising the order.  Sarchio spa is not privy to any information relating to the Customer’s credit card details at any time during the purchase process, as such information is sent using a secure server connection directly to the bank that will handle the transaction. The information is not stored in any of Sarchio’s computerised databases. Consequently, Sarchio spa may not be held responsible for any fraudulent or illegal use of credit cards by third parties when payment is taken for the products purchased.
 
PayPal
Once the Customer has confirmed the order, he is redirected to PayPal's website to make the payment using his PayPal account, or a prepaid or standard credit card, or using any other method accepted by PayPal according to the applicable conditions. Should the order be cancelled, either by the Customer or if it has not been accepted by Sarchio spa, the amount for the cancelled goods will be refunded to the Customer's PayPal account as soon as the order is cancelled.
 
An invoice will be issued for every order placed via www.sarchio.com according to article 14 of law 445/2000 and law 52/2004. The invoice will be sent to the Customer together with the goods. The information provided by the Customer will be used to issue the invoice. Sarchio invites the Customer to check the information provided carefully. It will not be possible to make any modifications to an invoice after it has been issued.
 
6) Delivery methods
Products purchased will be delivered to the address provided by the Customer in the Order.
 
We only deliver to Italy and the Republic of San Marino.
 
Delivery is by courier, from Monday to Friday, excluding national holidays. The delivery service includes packing, transport and insurance against theft, damage or loss during transport.
 
The delivery times shown on the website are those agreed with our courier. Sarchio spa is not liable for any delays caused by the courier or due to the usual busy periods throughout the year.
Delivery is to roadside, unless otherwise specified by Customer Service. The Customer, or a person authorised by him, must be present to take delivery of the goods from the courier and check that the packaging is intact and clean, and that the Products received match the Order.
 
The Customer must check:
  • that the number of boxes delivered matches the information in the delivery note
  • that the boxes are intact and are not damaged or wet, or have been tampered with in any way; he should also check any seals (adhesive tape or metal straps)

 

He should immediately report any damage to the boxes and/or product, or if the number of boxes does not match the delivery note, by writing GOODS ACCEPTED WITH RESERVATIONS AND SUBJECT TO CONTROL on the courier’s delivery note, specifying the reason for the reservations (e.g. crushed or damaged box etc…). The Customer must send an email to ecommerce@sarchio.com with notification that the goods have been “accepted with reservations” and attach photographic evidence of the reason for this. Once the Customer has signed the courier’s delivery note, he may no longer raise any objection about the external conditions of the delivered items.  Any issues concerning the condition, correspondence or entirety of the goods received must be reported within 2 days after delivery, according to the instructions in this document.
 
The courier will make 2 attempts to deliver the goods to the address indicated in the order. After the second failed delivery attempt, the package will remain at the Courier’s premises for 3 days without charge. The Customer should contact the courier directly during this 3 day period in order to arrange delivery or to change the delivery address.
Failure to collect goods held in storage at the courier’s premises within 3 working days (after several unsuccessful attempts have been made to deliver the goods to the address provided by the Customer in the order) will result in the order being automatically cancelled and the goods being returned to Sarchio spa. The Customer will receive a refund for the purchase value, less the cost of transport and any costs incurred for the storage of the goods by the courier, the cost to return the goods to Sarchio’s warehouse and any costs/charges incurred by Sarchio spa for arranging the refund.
 
7) Delivery charges
Delivery charges are paid by the Customer and are indicated clearly in the “Order Confirmation”: they are calculated based on the weight/volume/shipment destination of the products ordered, as indicated on the Website. 
The minimum delivery charge is € 10.00 (including VAT).
A surcharge of € 2.00 (including VAT) per shipment will be applied for deliveries to Sicily, Sardinia and Calabria
 
The Customer pays for the goods using his preferred method chosen when ordering. The Customer does not have to pay any other amounts than the total amount shown in the order.
 
8) Cancellation of the Purchase Order
The Customer may cancel his Order within 24 (twenty four) hours of making payment with no additional charge. If the Order was paid for entirely or partly by Credit Card, Sarchio will refund the full amount paid to the Customer to the same Credit Card.
 
If the order is cancelled more than 24 hours after payment, Sarchio will refund the full amount less the delivery charges, using the same method described above.
 
9. Right to withdraw
Under the combined provisions of articles 64 et seq. of the Consumer Protection Law (Law 2005/206) and the provisions of Law 21, 21st February 2014, the customer is entitled to withdraw from the purchase contract for any reason, without explanation and without penalty. This right cannot be exercised for the categories of goods and services expressly specified in article 59 of law 21, 21st February 2014. These include, by way of example: art. 59 letter c) the supply of goods that are clearly customised or made to measure; art. 59 letter d) the supply of goods liable to deteriorate or expire rapidly; art. 59 letter e) the supply of sealed goods that do not lend themselves to being returned for reasons of health or hygiene whose seal was broken after delivery; art. 59 letter f ) the supply of goods which by nature are inseparably mixed with other items after delivery; art. 59 letter g) the supply of alcoholic beverages, whose price was agreed when the contract of sale was signed and whose delivery may only take place after thirty days and whose actual value depends on market fluctuations that are not under the control of the business.
To exercise this right, the Customer must notify Sarchio within 14 working days of the date of receipt of goods. This notification must be sent by registered letter with acknowledgment of receipt, addressed to:
 
Sarchio spa
Via dei Barrocciai, 42
41012 Carpi (MO)
Tel. 059-658511
Fax. 059-6550508
 
or by telegram or certified mail (PEC: clienti@pec.sarchio.com) within the above stated period of 14 days, followed by confirmation by registered letter with acknowledgment of receipt, within the following 48 (forty eight) hours.
 
The notice of withdrawal must specify the intention to withdraw from the Purchase and the Product or Products that the withdrawal applies to, attaching a copy of the purchase invoice.
After receiving the notification of withdrawal, Sarchio will send the Customer the “Authorisation to Return” via E-Mail. The Product/s must be returned to our warehouse within 10 days of the authorisation.
 
Sarchio invites Customers to check that any product/s to be returned is/are intact and are in its/their original condition, including the original packaging, complete with all parts (including packaging and documentation) before returning it/them.
 
In order to facilitate the Customer’s right to withdraw, Sarchio provides a special ‘notification of withdrawal’ form for customers, that can be downloaded directly from the website.
 
The right to withdraw is subject to the following terms and conditions:
 
  1. The right to withdraw applies to the product purchased in its entirety; it is not possible to exercise said right for only part of the product purchased;
  2. The law states that the cost of shipping of returned goods are at the Customer’s expense;
  3. The Customer retains liability for the shipment until we confirm it has been received at our warehouse;
  4. Sarchio is not liable in case of uninsured shipments of products that are damaged, stolen or lost;
  5. Sarchio will notify the Customer should the goods be damaged in transit (within 5 working days of receiving the goods at its warehouse) so the Customer can notify his chosen courier of the damage and thus obtain a refund for the value of the item (if covered by insurance). In this case, the Customer may decide to have the product returned and thus cancel the request to withdraw;
  6. The right of withdrawal may not be exercised for perishable goods whose expiry date is within 10 days or less, or for products that have not been stored at the correct temperature adversely affecting the quality of the product.

 

If the right of withdrawal has been exercised in accordance with said article 64 et seq., Sarchio will refund the Customer the full amount paid, inclusive of Delivery Charges, within 14 (fourteen) calendar days from the receipt of the notification of withdrawal, without prejudice to Sarchio’s right to suspend payment of the refund until the goods are actually received. The refund will be made using the same method of payment used by the Customer, unless he has expressly required a different method. For bank transfers or cash on delivery, the Customer must provide the bank details for the refund (account holder, name and address of the Bank and IBAN). The amount of the refund will be net of any charges for the Restitution of the Products, which remain at the Customer’s expense.
 
The Customer loses all right to withdraw in case of failure to comply with the essential condition of the item being intact (packaging and/or contents), should Sarchio ascertain:
  • that the original outer and / or inner packaging, containing the product purchased, is missing
  • that the product was damaged due to any other cause than transport.

 

In case of loss of the right of withdrawal, Sarchio will return the goods purchased to the Customer and charge for shipping. The right of withdrawal may not be exercised by business customers.
 
10) Guarantees and non conformities
In case of non conformity of the Products sold by Sarchio, the Customer must contact the Customer Service team immediately by e-mail to ecommerce@sarchio.com or by telephoning +39 059-658511.
 
Statutory guarantees apply to the Products sold, as stipulated by articles 129, 130 and 132 of the Consumer Protection Law. The Customer has the right to demand the conformity of the product be reinstated, if he so chooses and provided the type of Product permits it, without charge, by repairing or replacing it, or an appropriate reduction in price or the withdrawal from the contract. The Customer loses said rights if he fails to notify Sarchio of the non conformity within two months of the discovery of the fault, provided it is not a perishable Product or has an earlier expiry date, in which case the fault must be notified within said expiry date.
 
The guarantee of the conformity and quality of the goods delivered, offered by Sarchio, is strictly limited to Customer reimbursement in the form of a refund, and excludes any other form of indemnity. In particular, Sarchio is not liable for any direct or indirect damages due to a fault in the goods. The parties agree that Sarchio will not consider any complaints notified after said term.
 
11) Errors and limitations to liability
Sarchio SpA is not liable should the failure or delay to execute one or more of the obligations in this contract be caused by any unforeseeable and insurmountable action caused by a third party or force majeure. Sarchio has taken the utmost care to illustrate and describe the features of the Products on the Website as accurately as possible. Nevertheless, it is not liable in case of any slight differences between the representation of the Products on the Website and the Products delivered.
Furthermore, Sarchio spa is not liable for any inconvenience or damage related to the use of the Internet, particularly in case of failure of the service, external intrusion or computer viruses.
Information concerning the Products supplied via the website is updated regularly. However, it is not possible to guarantee a total lack of error, for which Sarchio is not accountable, except in case of wilful misconduct or gross negligence.
Sarchio reserves the right to correct any errors, inaccuracies or omissions, even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and Consumer Protection Law.
Except for cases of wilful misconduct or gross negligence, the Customer has no right to claim for damages, compensation or contractual or tort liability for direct or indirect damages to persons and/or property caused by the failure to accept or deliver part or all of an order.
 
12) Intellectual property
The images of the products on the website www.sarchio.com are purely illustrative and non-binding.  The images of the products for sale on the website www.sarchio.com are the exclusive property of Sarchio and may not be copied or reproduced for any reason or purpose without the explicit authorisation of Sarchio spa.
All items on the website www.sarchio.com, be they visual or audio, including the underlying technology, are subject to copyright protection of the trademarks or patents. They are the exclusive property of Sarchio spa. Any total or partial reproduction or representation of the items on the website constitutes an infringement of its rights and may result in civil or criminal liability of the perpetrator. Inserting a hyperlink that links to the website http://www.sarchio.com, using the so-called technique of «framing» or «deep linking» is strictly prohibited.
 
13) Complaints
Complaints must be sent by e-mail to Sarchio’s Customer Service Team to ecommerce@sarchio.com or by registered letter with acknowledgment of receipt to:
 
Sarchio SpA
Via dei Barrocciai, 42
41012 Carpi (MO)
 
14) Privacy
According to law 675 dated 31st December 1996, Sarchio SpA hereby informs its customers that any personal information they provide when placing a purchase order will be handled for the sole purpose of processing the order and for commercial, promotional, business and statistics purposes for in-house use. Since these functions are essential, the order cannot be processed in case of failure to provide consent: by placing an order, Sarchio SpA is authorised to process personal data for the purposes indicated above. Sarchio SpA undertakes not to disclose such information to companies that may use it for commercial purposes, in order to send advertising materials or for market research.
 
The Customer has the right to demand from Sarchio spa:
  • confirmation if any personal information concerning him exists and notification in an intelligible form of said data and its origin, in addition to the logic used for processing it;
  • that any data that has not been processed according to law, be deleted, transformed into an anonymous form or blocked;
  • the updating, correction, or integration of the information, if this is in his best interest;
  • certification that the above actions in the preceding two paragraphs, have been brought to the attention of any parties privy to the information, unless this is impossible or involves a manifestly disproportionate effort compared to the protected right;
  • the existence of any data concerning him and to freely oppose the processing of said data.

 
15) Applicable law and Jurisdiction

The contract of sale between the Customer and Sarchio spa is perfected in Italy and is subject to Italian law. If the customer is a consumer according to Consumer Protection Law, the place of jurisdiction for the solution of disputes concerning the interpretation, execution or withdrawal of these General Conditions or individual purchase orders, is the consumer’s place of residence or elected domicile, provided this is in Italy. In all other cases, the place of jurisdiction is the Court of Modena, and any other jurisdiction is excluded.
 
16) Customer service
The user can contact our Customer Service team for any information regarding the methods and procedures applying to online purchase and delivery of the products, payment, the right to withdraw, etc, by sending an e-mail to ecommerce@sarchio.com or by calling +39 059658511.
 
Pursuant to article 1341 of the Italian Civil Code, the Customer states he has read, understood and specifically accepts the following sections of these General Conditions: 2) Product offering for the public; 3) Prices; 4) Purchase Order; 6) Delivery methods; 7) Delivery charges; 8) Cancellation of the Purchase Order; 9) Right to withdraw; 10) Guarantees; 11) Errors and limitations to liability; 12) Intellectual property; 13) Complaints; 14) Privacy; 15) Applicable law and Jurisdiction. 

 
© 2017 Sarchio SpA - VAT IT01353270364