Terms and conditions

TERMS AND CONDITIONS

Art.1: DEFINITIONS

 

1.1 These general conditions, available to the consumer for reproduction and conservation pursuant to article 12 of Legislative Decree 70/2003, have as their object the purchase of products, carried out remotely by means of a telematic network via the website www.sarobidy.com belonging to Sarobidy of Meggiato Lucio - Via Pellestrina 20 - 30034 Oriago di Mira (VE) - Fiscal Code/PI: 04590290278, managed by Sarobidy Online of Vianello Elisa - Via Pellestrina 20 - 30034 Oriago di Mira (VE ) - Fiscal Code/PI: 04587930274 hereinafter referred to as "Sarobidy". 

 

1.2 By online sales contract we mean the remote contract, i.e. the legal transaction concerning movable goods and/or services stipulated between a supplier, Sarobidy and a final consumer - customer or other professional users, within the context of a system of distance selling organized by Sarobidy which, for this contract, exclusively uses the distance communication technology known as the Internet.

 

1.3 By consumer we mean the natural person who purchases goods and services for purposes that are not referable, either directly or indirectly, to any professional activity carried out.

 

1.4 Professional users mean the natural or legal person who purchases goods and services for purposes directly or indirectly referable to any professional activity carried out.

 

Art.2: ACCEPTANCE OF THE CONDITIONS OF SALE

 

2.1 These general conditions are valid from 01/07/2020 and may be updated, integrated or modified, having effect for the future, at any time by Sarobidy, which will provide communication via the website pages; the conditions set out in the premise are an integral and essential part of this contract.

 

2.2 All contracts will be concluded directly through access by the consumer client or professional user to the website corresponding to the address www.sarobidy.com , where the aforementioned will be able to conclude the contract for the purchase of the desired good and/or product by carefully following the indications and procedures envisaged.

 

2.3 These general conditions of sale must be examined online before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of them and their full acceptance.

 

2.4 The customer or professional user, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with Sarobidy, the general and payment conditions illustrated below, declaring that he has read and accepting all the information provided by him in accordance with the aforementioned rules, also acknowledging that Sarobidy does not consider itself bound to different conditions unless previously agreed in writing.

 

2.5 Sales operations are regulated for the consumer by the provisions of Legislative Decree no. 185 of 22 May 1999, while the protection of confidentiality is subject to the discipline of Legislative Decree no. 196 of 30 June 2003 and subsequent amendments and additions.

 

Art.3: SALES PRICES AND PURCHASE METHODS

 

3.1 The products, prices and conditions of sale of the products on the site www.sarobidy.com - within the limits of their availability - constitute an offer to the public for the consumer and require, for the conclusion of the contract, the acceptance of the same consumer , manifested through the exact compilation of all the sections and online membership, following the instructions on the video and, lastly, selecting and accepting the boxes with the words acceptance of the conditions of sale and privacy laws.

 

3.2 For customers other than consumers, on the other hand, product orders are expressly declared irrevocable during the entire time foreseen for delivery and, in any case, for 30 days from the date of the order.

 

3.3 In any case, the total cost of the shipment up to the customer's home is charged to the customer, subject to exceptions and derogations which will be specifically advertised on the site. The cost will in any case be made known to the customer before confirming the purchase.

 

3.5 Customers can pay for the goods ordered using the payment methods indicated online at the time of purchase.

 

3.6 The prices of the different types of transport refer to the weight and overall dimensions, to the delivery destination and/or any other services requested (insurance, delivery times, etc.).

 

3.7 Transport costs for destinations outside the Italian territory are clearly specified to the customer before concluding the order.

 

3.8 In the case under 3.2, the receipt of the order does not bind Sarobidy until the same has expressly accepted the order in writing or with the shipment of the goods.

 

3.9 The buyer expressly grants Sarobidy the right to accept even only partially the order placed, allowing it to ship the goods directly within the limits set by the seller. In this case, the contract will be considered completed in relation to the goods actually sold.

 

Art.4: METHODS OF DELIVERY

 

4.1 Sarobidy will deliver to customers, at the address indicated by them, the products selected and ordered, in the manner provided for in the previous article, by courier.

 

4.2 In the event that payment is made by credit card, delivery must necessarily take place at the domicile of the cardholder, as declared to the issuer.

 

4.3 The goods purchased will be delivered within the terms established by article 6 of Legislative Decree 185/1999. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.

 

4.4 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification and subject to the right of withdrawal provided for in point 8, the customer must sign the delivery documents. The right of withdrawal is excluded where the goods sold are made "to measure" for the customer (for example specifically assembled or personalized).

 

4.5 Sarobidy is not responsible for damages or delays in delivery caused by the carrier to the products purchased, remaining totally extraneous to the relationship between the same and the customer.

 

4.6 Sarobidy reserves the right to calculate, once the order has been received, the shipping costs for areas indicated as remote or difficult to reach by couriers (very small islands, unconnected countries). The buyer will be given the choice of accepting the shipping costs or canceling the order.

 

Art. 5: PRODUCT AVAILABILITY

 

5.1 The customer will be able to purchase the products under the conditions indicated in the electronic catalog prepared by Sarobidy and in the quantities existing in the warehouse or available from suppliers.

 

5.2 Sarobidy does not guarantee the continuous availability of the products under the conditions offered, remaining committed, in the event of unavailability and payment of the goods, to promptly inform the customer and to refund the price without additional charges, within 30 days.

 

5.3 In any case, Sarobidy will have the right to confirm and/or modify the indicated price, in this case the consumer may withdraw before delivery if the final price is higher than the originally agreed one.

 

Art.6: LIABILITY

 

6.1 Sarobidy assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, execution within the agreed times to the contract.

 

6.2 Sarobidy will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer having the right only to a refund of the price paid.

 

6.3 Sarobidy is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products. Sarobidy, in fact, at no time during the purchase procedure is able to know the buyer's credit card number which, by opening a secure connection, is transmitted directly to the bank service manager.

 

6.4 Furthermore, Sarobidy is not able to know the data provided to the lender, given that at the time of choosing this means of payment, the purchaser opens a secure connection, transmitted directly to the lender himself.

 

Art.7: PURCHASER'S OBLIGATIONS

 

7.1 The consumer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions which, however, he will have viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product object of the purchase, in order to fully satisfy the condition referred to in articles 3 and 4 of Legislative Decree n.185/1999.

 

7.2 These general conditions may be updated or modified at any time by Sarobidy, which will communicate it via its website. The consumer undertakes and obliges, whenever a modification of these general conditions occurs, to provide for their printing and conservation.

 

7.3 The purchaser is strictly prohibited from entering false, and/or invented, and/or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively one's real personal data and not of third parties and/or fantasy.

 

7.4 It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. Sarobidy reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

 

7.5 The customer indemnifies Sarobidy from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being the customer himself solely responsible for the correct insertion.

 

Art.8: RIGHT OF WITHDRAWAL

 

8.1 Pursuant to Legislative Decree 206/2005, the consumer customer can exercise the right of withdrawal, except for goods sold "customised", by returning the goods received in their original packaging, without tampering with any guarantee seal or simple opening and/or deterioration of the external packaging itself, and obtaining a refund of the price paid.

 

8.2 The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 calendar days starting from the day of receipt of the purchased good. The right of withdrawal must be exercised in compliance with the mandatory conditions established by the manufacturing companies and provided that the goods have not been used.

 

8.3 The costs of returning the products are borne by the customer who, directly or by other means, will arrange for the delivery of the same to the seller's domicile; all items must be received in the same conditions of receipt, provided with the original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; the return of the goods in any other way is not permitted.

 

8.4 To exercise the right of withdrawal, the customer must, within the period indicated above, send a registered letter with acknowledgment of receipt to the following address: Sarobidy Online of Vianello Elisa - Via Pellestrina 20 - 30034 Oriago di Mira (VE) - CF/PI: 04587930274. Within the same term, an e-mail can be sent to info@sarobidy.com which must be followed up within 48 hours by the aforementioned registered letter with acknowledgment of receipt confirming the manifest withdrawal.

 

8.5 Sarobidy will accept the returned goods reserving the right to ascertain that the products have been returned in their original state and with the original packaging; only in this case will it forward the amount paid by the consumer for the purchase of the same.

 

8.6 The transport costs incurred for the delivery of the product to the customer and for any return to Sarobidy are not refundable.

 

8.7 The deadline for refunding returned products is 14 working days as per Legislative Decree 206/2005. 

 

Art.9: AUTHORIZATIONS

 

9.1 By filling in the appropriate space on the website, the Customer authorizes Sarobidy to use their credit card, or other card issued in replacement of the same, debiting their current account in favor of Sarobidy with the total amount shown as the cost of the purchase made online. The procedure is carried out via a secure connection directly connected to the bank which owns and manages the online payment service, which Sarobidy cannot access.

 

9.2 If the consumer should make use of the right of withdrawal, as articulated in point 9 of these general conditions, or in any other case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same card of credit.

 

Art.10: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

 

10.1 Sarobidy has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case the customer will only be entitled to a refund of any amount already paid.

 

10.2 The obligations assumed by the customer pursuant to art. 8 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment, are of an essential nature, so that by express agreement the non-fulfillment by the customer of only one of these obligations, will determine the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to Sarobidy's right to take legal action for compensation for further damage.

 

Article 11: PRIVACY

 

11.1 Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; these data are processed electronically in compliance with the laws in force and may be shown only at the request of the judicial authority or other authorities authorized for this purpose by law.

 

11.2 Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose.

 

11.3 The interested party enjoys the rights pursuant to article 13 of Presidential Decree no. 196 of 30 June 2003 and subsequent amendments and additions, namely: to request confirmation of the existence of their personal data at the Sarobidy office; to know their origin, the logic and the purposes of their treatment; to obtain its updating, rectification and integration; to request its cancellation, transformation into anonymous form or blocking in the event of unlawful processing; to oppose their treatment for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.

 

11.4 The rights deriving from the privacy legislation and the information obligations arising from it for Sarobidy are examined online before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same. The customer or professional user, by electronically sending the confirmation of his purchase order, declares to have been informed of all his rights pursuant to the aforementioned rules. 

 

11.5 The owner and manager of the collection and processing of personal data is Sarobidy Online of Vianello Elisa - Via Pellestrina 20 - 30034 Oriago di Mira (VE) - CF/PI: 04587930274. 

 

11.6 Sarobidy informs customers that there is a particular risk of breaching network security, a risk that may also arise, due to the particular nature of the medium used, outside the scope of the minimum security measures that it itself is required to adopt adopt in accordance with current legislation.

 

Art.13: JURISDICTION AND COMPETENT COURT

 

13.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into online via the website www.sarobidy.com is subject to Italian jurisdiction; although not expressly provided for herein, these general conditions refer to the combined provisions of Legislative Decree No. 50 of 15.1.1992 and Legislative Decree No. 185 of 5.22.1999.

 

13.2 For any dispute between the parties regarding this contract, the Court in whose district the consumer is domiciled will be competent, according to current legislation; for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation from the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Venice.

RIGHT OF WITHDRAWAL

The customer has the option of canceling the order by sending an e-mail to info@sarobidy.com before the goods are shipped, specifying "order cancellation" as the subject.

The customer can also exercise the right of withdrawal from the purchase contract according to the law Legislative Decree n. 185 of 22/05/1999 which regulates the sales of products via the Internet or the matter of distance contracts, i.e. contracts carried out outside commercial premises.

According to this legislation, the customer has the option of returning the purchased product and obtaining reimbursement of the expense incurred. This right is reserved exclusively for natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to any professional activity carried out.

To exercise the right of withdrawal it is necessary to send, within 14 working days from receipt of the goods, a written communication by registered letter with return receipt in which the will to withdraw from the concluded contract is expressed.

The aforementioned communication must be addressed to Sarobidy Online of Vianello Elisa, Via Pellestrina 20 - 30034 Oriago di Mira (VE) and, possibly, sent in advance by email to info@sarobidy.com . The letter must contain the order references, the reason for the request with an indication of any product defects, the bank details for making the credit and a copy of a valid identity document of the purchaser.

If the customer exercises the right of withdrawal, the costs of returning the goods will remain at his expense, which must be done by courier, using the original packaging and attaching the relative tax documents; parcels on delivery or carriage forward will not be collected under any circumstances.

We recommend insuring the shipment against theft and transport damage because in case of damage or loss during transport we reserve the right to debit the relative amount withholding it from the sums due.

The right of withdrawal, which does not apply to electronic products opened by the consumer, except in the case of obvious malfunctions, is lost if the returned product is not intact in all its parts or:

- damage to the product for reasons other than transport.