Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Premise
The sale of Products on this Website represents a distance agreement as defined in Art. 45(1)(g) of Legislative Decree No. 206/2005 (Italian Consumer Code) and is therefore subject to the regulations set forth by this latter as well as by Legislative No. 70/2003 on electronic commerce (jointly, Italian Consumer Law).
Article 1. Application Scope
1.1 The sale of Products on this Website represents a distance agreement as defined in Art. 45(1)(g) of Legislative Decree No. 206/2005 (Italian Consumer Code) and is therefore subject to the regulations set forth by this latter as well as by Legislative No. 70/2003 on electronic commerce (jointly, Italian Consumer Law).
1.2 These Terms and Conditions shall apply to all sales processed by the Seller on the Website and governed by the Italian Consumer Law.General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
1.3 The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
1.4 These Terms and Conditions can be changed and/or modified at any time. Eventual changes and/or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, Users are kindly invited to regularly visit the Website in order to read the most updated version of the Terms and Conditions.
1.5 Purchase orders are governed by the Terms and Conditions in force at the date on which they have been placed.
1.6 These Terms and Conditions do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the User must check their terms and conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.
1.7 By placing an order, the User confirms to be legally able to enter into binding agreements, undertakes not to purchase Products for resale purposes and confirms to have carefully read these Terms and Conditions and all other information provided by the Seller on the Website.
Article 2. Purchasing through the Website
2.1 The purchase of Products through the Website is permitted only to Users who qualify as consumers – meaning any natural persons acting for purposes which are outside his trade, business or profession – and who have registered on the Website.
2.2 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be allowed to make purchases on the Website. It is therefore forbidden for such persons to make purchases on the Website.
2.3 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.
2.4 The Seller reserves the right to reject or cancel orders placed by Users who:
- have breached these Terms and Conditions;
- have provided false, incomplete or otherwise inaccurate information or who has not sent the Seller the required documents.
Article 3. Registering on the Website
3.1 The purchase of Products through the Website is allowed to Users who are 18 years of age or older and have previously registered on the Website. To register on the Website, the User must fill out the registration form, entering the following data:
- name;
- surname;
- email address;
- password;
- address;
- telephone.
3.2 The User undertakes to immediately inform the Seller if he/she suspects or becomes aware of any unlawful use or disclosure of said data.
3.3 The User is responsible for providing correct and complete information and for updating it over time, if necessary.
3.4 It is not permitted for the User to create more than one account, to use the accounts of other Users or have their own accounts used by third parties.
3.5 Upon successful completion of the registration procedure, a personal account is created. To log into the personal account and make a purchase through the Website, the User must enter username and password in the appropriate fields. The User is responsible for maintaining the confidentiality and security of the login credentials without disclosing them to third parties.
3.6 The User undertakes to indemnify and hold harmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the User of the provisions concerning the registration procedure or the storage of the login credentials.
Article 4. Information Required for Entering into an Agreement
4.1 To conclude a purchase agreement on the Website, the User must fill in an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website.
4.2 The agreement is concluded upon confirmation of the order by the Seller.
4.3 Once the order form has been submitted, the Seller will send the User, at the provided e-mail address, an order confirmation containing the following:
- the descriptions of the Products purchased;
- the relevant prices;
- an indication of the method of payment;
- an indication of delivery charges and any additional costs.
Article 5. Product Availability. Order cancellation.
5.1 The Website contains information relating to the availability of each Product.
5.2 The availability of Products is constantly monitored and updated. However, since the Website may be visited by several Users at the same time, it is possible that several Users purchase the same Product at the same time. In these cases, the Product may appear to be available for a short period of time, although in reality it is out of stock or temporarily unavailable because a restock is required..
5.3 In the event that the Product is unavailable for the above-mentioned reasons or in other cases of unforeseen Product unavailability, the Seller shall immediately inform the User, who shall have the right to terminate the agreement pursuant to Art. 61 (4 and 5) of the Italian Consumer Code, without prejudice to any other right provided for by law.
5.4 Alternatively and without prejudice to his/her rights, the User may accept a discount voucher to be spent on purchases on the Website. The amount of the discount voucher, the expiration date and any limitations will be communicated by the Seller from time to time.
5.5 If a refund of the amount paid for the purchase of Products that are subsequently found to be unavailable is requested, the Seller will provide the refund within a maximum of 15 days.
5.6 If the User terminates the agreement and the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Sum Due) - has already been made, the Seller will refund the Total Sum Due.
5.7 The refund, for some types of cards, depends exclusively on the banking system and can go up to their natural expiration date; once the transaction has been cancelled, the User acknowledges and expressly accepts that under no circumstances can the Seller be held liable for any delays in the re-crediting of such sums or for damages, direct or indirect, caused by the third party and resulting from the delay in the failure to release / re-credit such sums by the banking system.
Article 6. Product Leaflet
6.1 Each Product is accompanied by a Product leaflet illustrating its main features (Product Leaflet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Leaflet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
Article 7. Prices
7.1 All Products’ prices are expressed in Euro (€). All prices of the Products intended to be delivered in an EU country are Value Added Tax (VAT) included. For Products intended to be delivered in non-EU countries, the related VAT if due will be requested at the delivery and Core has not control over these charges.
7.2 The Seller hereby reserves the right to change Products’ prices at any time without prior notice, it being understood that the prices charged to the User shall be the ones listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall be applied subsequent to the transmission of said order.
7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the User proceeds to transmit the same.
Article 8. Purchase Orders
8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the User. Ownership of the Products will be transferred to the User at the time of the delivery of the Products to the User. Any risk of loss or damage to the Products which cannot be attributed to the Seller, will pass onto the User, once the latter or a third party designated by the User other than the courier materially gains possession of the Products.
8.2 The purchase agreement is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with the User, the order will be cancelled accordingly.
8.3 In order to send a purchase order it is necessary to read and approve these Terms and Conditions, clicking the relevant box on the pages of the purchase procedure. Failure to accept these Terms and Conditions will make it impossible to make purchases on this Website.
8.4 By clicking the relevant box, the User thereby acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully and unconditionally accepts these Terms and Conditions, as well as the further information contained in the Website and relating to the Products indicated in the order form.
Article 9. Payment Methods for Purchases Made through the Website
9.1 The User shall select the preferred payment method between the ones available on the Website, as indicated upon the purchase order procedure.
The User shall select the preferred payment method between the ones available on the Website, as indicated upon the purchase order procedure.
The charge will only be made after (i) the User’s payment card details used for payment have been verified and (ii) the issuer of the payment card used by the User has issued the debit authorization.
All information and data required for the transaction, including payment cards’ details (card number, holder, expiry date, security code) shall be transmitted via encrypted protocol to the payment management system, which provides the relevant remote electronic payment services, without third parties having access thereto. The Seller therefore never has access to and does not store the data of the Users’ payment cards used to pay for the Products. The User hereby acknowledges that the available payments methods are operated by third parties and that the Seller is not liable – for any reason, title or cause whatsoever – for any damage suffered by the User as a result of their malfunction or fraud or other prejudicial events occurring in connection during their use.
The charge of the Total Sum Due will only be made at the time of transmission of the order.
Article 10. Product Delivery
10.1 The list of the countries to which delivery of Products is carried out is indicated upon the purchase order procedure.
The obligation to deliver is fulfilled through the transfer of material availability or, in any case, availability of the Products to the User.
10.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the User, and any other possible cost, will be borne by the User, except where otherwise stated in the Product Sheet or in other parts where this is communicated.
10.3 The Products will be delivered within 15 days of receipt of the order. In the case of omission of a term of delivery, this will take place, in any case, within 30 days, effective from the day on which the agreement is entered into. Delivery dates are indicative and not binding; failure to meet delivery dates does not entitle the User to terminate the agreement or exercise any right to damages.
10.4 The presence of the User or a trusted person is required at the time of delivery. The User is asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss or of damage to the Product, for reasons not attributable to the Seller, is transferred when the User, or a third party designated by the User and different from the carrier, physically take possession of the Product, the Seller recommends to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to indicate on the carrier's transport document, any anomalies, accepting in this event the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.
Article 11. Right of Withdrawal
11.1 The User has the right to withdraw from the Products purchase agreement without having to provide any reason and without incurring in additional costs and expenses other than those indicated in this article, within 14 calendar days (Right of withdrawal). The withdrawal period (Withdrawal Period) expires after 14 days:
a. in case of a single Product order, from the day the User or a third party other than the carrier and designated by the User comes into material possession of the Product;
b. in case of a Multiple Order with separate deliveries, from the day the User or a third party other than the carrier and designated by the User comes into material possession of the Product delivered last; or
c. in case of an order related to the delivery of a Product of different batches or multiple pieces, from the day when the User or a third person, different from the carrier and designated by the User, comes into material possession of the last batch or the last piece.
11.2 To exercise the Right of withdrawal, the User must inform the Seller, prior to the expiry of the Withdrawal Period, of his/her decision to withdraw.
11.3 The Right of withdrawal is deemed to have been exercised within the Withdrawal Period if the relevant communication is sent by the User before the expiry of the Withdrawal Period. The communication shall be sent by means of the Contact Us form available here.
The User shall obtain lasting means of storage for the communication related to the exercise of the Right of Withdrawal, since the burden of proof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the User.
11.4 In case of exercise of the Right of Withdrawal, the User must deliver the Product to the Seller’s registered office indicated above.
11.5 The cost for returning the Product (including custom duties and country VAT in case of Extra EU Countries) is at the User's expense and the return occurs under his/her responsibility.
11.6 If the User withdraws from the Products purchase agreement, the Seller shall refund the Total Sum Due paid by the User for the Product(s), including delivery expenses without undue delay and no later than 14 calendar days from the date on which the Seller was informed of the User's decision to withdraw from the Products purchase agreement. The refund will occur by using the same payment method used for the original transaction. If the User has returned the Products using a carrier of his/her choice and at his/her own expense, the Seller may suspend the refund until receipt of the Products or until he/she proves that he/she has returned the Products, whichever is earlier.
11.7 The User is only responsible of the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all its parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’t represent and are not autonomous products) of the Product.
11.8 In the event that the withdrawal has not been exercised in compliance with the applicable provisions of law, it will not result in termination of the Products purchase agreement and, by consequence, won’t create any right of reimbursement. The Seller shall communicate to the User that it shall reject the withdrawal request from the reception of the Product. In case the Product already arrived back to the Seller, it will stay to the Seller for User disposal for the pick-up that will have to be done on charge and under responsibility of the User.
11.9 In case the Right of withdrawal cannot be applied, the User will be informed on the Website.
11.20 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in favor of the User will be quantified in proportion to the value of the Product subject to withdrawal. For example, the User has placed an order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of 150.00 Euros, the User will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed what actually paid by the User.
Article 12. Legal Warranty
12.1 All the Products sold on the Website are covered by the legal warranty provided by Art. 128 to 135 of the Italian Consumer Code (Legal Warranty).
12.2 The Legal Warranty is reserved for consumers. It therefore applies solely to Users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.
12.3 The Seller is liable vis-à-vis the User for any non-conformity existing at the time of delivery of the Product(s) and becoming visible within 2 years of the said delivery. The Seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within 26 months from the delivery date of the Product.
12.4 Unless proven otherwise, the non-conformity materializing within 1 year from the delivery date of the Product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the Product or with the nature of the non-conformity. Starting from the thirteenth month following the delivery of the Product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the Product shall lie with the User.
12.5 In order to take advantage of the Legal Warranty, the User must thus provide proof of the date of the purchase and delivery of the Product(s). It is therefore advisable, for the purpose of proving the purchase, that the User keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.
12.6 In case of a non-conformity reported within the prescribed period, the User is entitled to the following: (i) firstly, the repair or replacement of the Product(s) free of charge, according to preference, unless the requested solution is objectively impossible or excessively burdensome with respect to the other one; (ii) secondly (in cases where repair or replacement is impossible or excessively burdensome, or where repair or replacement have not been made within a reasonable period of time, or where the repair or replacement have caused significant inconvenience to the User) a discounted price or the termination of the Products purchase agreement, according to the preference of the User. The requested solution is excessively expensive if it entails unreasonable expenses for the Seller compared to alternative solutions, considering (i) the value that the Product(s) would have if the non-conformity did not exist; (ii) the extent of the non-conformity; (iii) the possibility that the alternative solution may be achieved without significantly inconveniencing the User.
12.7 The Seller shall not be held liable in the event of damage of any kind resulting from the improper use of the Product(s).
Article 13. Manufacturer's Standard Warranty
13.1 The Products sold on the Website may, according to their nature, be covered by a standard warranty issued by the manufacturer (Conventional Warranty). The User may only assert his/her right to the warranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, the types of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and are specified in the so-called warranty certificate contained in the Product packaging. The Standard Warranty is elective by nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.
Article 14. Force majeure
14.1 The Seller reserves the right to postpone the delivery date or cancel it or reduce the volumes of the ordered Products if it is prevented or hindered in the performance of a contract concluded in accordance with these Terms and Conditions due to unforeseeable and unavoidable circumstances beyond its reasonable control and for which the Seller assumes no responsibility, including but not limited to events of force majeure, governmental action, war or national emergency, acts of terrorism, protests, riots, fires, explosions, floods, epidemics, laws or measures imposed by governmental agencies or public authorities, lockouts, strikes or other labor disputes, restrictions or delays affecting carriers, or inability or delay in obtaining adequate supplies or materials. The User will be notified of the occurrence of such event in a reasonable manner as soon as reasonably possible. If such event persists for a continuous period of more than 90 (ninety) days, User may notify Seller in writing of its desire to terminate the Products purchase agreement.
14.2 The Seller shall have no liability if the contract, delayed performance of the contract or reduction in volume of Products ordered for events included under this Article.
Article 15. Applicable Law and Competent Court.
15.1 These Terms and Conditions are governed by the Italian Law. For all matters not expressly provided for herein, the provisions of Italian law shall apply.
15.2 Any dispute arising from any agreement resulting from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent Court of the place where the consumer Client resides or is domiciled. For all matters not expressly provided for herein, the provisions in force under Italian law shall apply and, in particular, the provisions of Section II, Chapter I, Title III, Part III of the Italian Consumer Code.
Article 16. Out-Of-Court Dispute Resolution
16.1 Pursuant to article 141-sexies (3) of the Italian Consumer Code, the Seller informs the User that, in the event that he/she has made a complaint directly to the Seller, following which it was nevertheless not possible to resolve the dispute thus arising, the Seller shall provide information about the Alternative Dispute Resolution (ADR) body or bodies for the out-of-court settlement of disputes relating to obligations arising from agreements concluded under these Terms and Conditions. The Seller also informs the User that a European platform for the online resolution of consumer disputes has been set up (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform, the User can consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved. This is without prejudice, in any case, to the right of the User to refer the dispute arising from these Terms and Conditions to the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where applicable, of promoting an out-of-court settlement of disputes relating to consumer relations by recourse to the procedures set out in Part V, Title II-bis of the Italian Consumer Code. Users who reside in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Conditions, to the European procedure established for small claims by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the Regulation can be found at www.eur-lex.europa.eu.
Article 17. Customer Care and Complaints
17.1 The User may request information, send communications, ask for assistance or submit complaints, please use the form Contact Us.
17.2 The Seller will deal with complaints by replying within 10 days of receipt.
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