General conditions of sale of the Internet site “www.usenuselessenough.com”
1.1 The general conditions of sale published therein govern the sales contract (hereinafter, for the sake of brevity, the “Contract”) to users of the Site (hereinafter, for the sake of brevity, the “Purchasers” or the “Purchaser”), via electronic means, of goods (hereinafter, for the sake of brevity, the “Bene” or “Assets”) on the Internet site www.usenuselessenough.com (hereinafter referred to as the “Site”), managed by USEN of A. Melano – with headquarters in Turin, Via Carlo Alberto 49/51 – 10123 Turin, VAT number: 11682510018 (hereinafter, for the sake of brevity, “Usen”).
1.2 The General Conditions of Sale published on the Site must be viewed and known by the Purchaser before making a purchase of an Asset and by sending the purchase order the Purchaser declares to have viewed and accepted them.
1.3 Purchasers will also benefit from the protections envisaged in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. September 6, 2005, n. 206 (“Consumer Code”), as well as all the other safeguards required in compliance with the Purchasers, from the Consumer Code itself http://www.codicedelconsumo.it/.
1.4 The “Shipping and Delivery”, “Return and Exchanges”, “Method of Payment” Sections on the Website must be considered an integral and substantial part of these General Conditions of Sale.
– CONCLUSION OF THE CONTRACT
2.1 To proceed with the purchase of the Goods, the Purchaser must send his purchase order and make the payment, following the procedures indicated in the sections specifically dedicated.
2.2 In particular, the steps to proceed with the purchase are as follows:
a) the Purchaser will be able to freely access the Website and display the essential characteristics of the Goods displayed, including the price, as well as the images published for the purpose of illustrating the Goods themselves;
b) the Purchaser will be able to select one or more Goods for which he intends to make the purchase, placing them in a virtual “cart”. The contents of the cart can always be viewed by the Purchaser before proceeding with the order; furthermore, by accessing the shopping cart, the Purchaser will be able to know, prior to purchase and payment, any information relating to the purchase of the Goods, including shipping costs and estimated delivery times;
c) the Purchaser can make the purchase as a guest. In this case, the data required in order to complete the order will be stored in the Usen database only for the period of time necessary to process the order and the Purchaser will be required to enter the same data with each new one. order;
d) in order to complete the order, the Purchaser, in the “shopping cart” section, must also enter the address of the shipment and the data required for payment;
e) the Purchaser may modify the selected Goods and the data entered until the final order is placed, which must be done by selecting the “Payment” button.
2.3 The Purchaser can make the payment by credit card or bank transfer. More detailed information on the payment methods can be found in the “Method of Payment” section of the Website.
2.4 Once the purchase order has been received, Usen will send to the Buyer’s email address a confirmation receipt of the order containing a summary of the information relating to the purchase and will proceed to the order. The order will be deemed, in any case, accepted and, consequently, the Contract will be considered concluded when the Purchaser will receive, on his e-mail account, the order confirmation.
2.5 The contract will be filed in pdf and will be sent via the aforementioned e-mail and stored via computer in Usen.
-RIGHT AND OBLIGATIONS OF THE PARTIES
3.1Usen will deliver the Goods to the address communicated by the Buyer in the purchase order, through a specially appointed carrier. More detailed information on the times, costs and shipping locations are available in the “Shipping and Delivery” section of the Site.
3.2 Usen assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Purchaser or to any damage that may occur to the Goods after delivery to the carrier as well as any delays in delivery of employees from the same carrier or from weather conditions, international customs issues or other circumstances unrelated to Usen’s control.
3.3 In the event that one or more Goods are not available, Usen will notify the Customer by sending an email to the email address indicated by the same when ordering on the Site.
3.4 n the event that the designers decide to make changes during production and / or not to produce one or more products, as well as in case there is a variation or the product in pre-order is not delivered by the designer, Usen will contact the customer to request express approval and proceed with the shipment anyway, or cancel the order and make a refund.
3.5 In any case, the unavailability of one or more goods ordered can not constitute grounds for cancellation of the entire order by the Purchaser.
3.6 Upon delivery of the Goods by the carrier in charge of the relative transport, the Purchaser must check in the presence of the carrier:
a) that the packaging used for transport is intact, not damaged or altered, even only in the closing materials;
b) that the quantity and type of the goods ordered corresponds to what is indicated in the transport document and to what has been ordered.
3.7 Should the Purchaser find any anomalies or discrepancies, he must immediately inform the carrier at the time of delivery of the Goods.
3.8 The Purchaser is solely responsible for the truthfulness and correctness of the information and data provided to Usen and undertakes to promptly communicate any changes in the data previously communicated.
-CONFORMITY OF THE GOODS
4.1 Usen undertakes to ensure that the description and / or photographic representation of the Goods on the Website is as faithful as possible to the Goods themselves. However, given that the quality of the images may depend on the IT tools used by the Purchaser, it is possible that the Buyer’s perception of the description or the photographic representation of the Goods does not correspond exactly to the same Good, so that the images and the videos accompanying the presentation of the Goods must be considered published on the Website purely descriptive.
4.2 In the event that the Goods delivered are ascertained as defective or different from the one ordered, Usen undertakes to provide the Customer with a legal guarantee of conformity, to be exercised under the conditions and terms set forth in the articles. 128 and ss. of Legislative Decree No. 206/2005. In particular, the Purchaser will have the right to request, alternatively:
a) the delivery of a good identical to that ordered consistent with the availability of stock, or
b) the delivery of an Asset of quality and an equivalent price consistent with the availability of stock, or
c) a voucher equal to the price of the good and shipping costs.
4.3 The guarantee provided for in this article will be applied only if the Goods have been handled with due diligence and in respect of their intended use, as well as upon presentation by the Purchaser of the delivery note received and indication of the number of ‘order.
4.4 In any case, the warranty referred to in this article will not be applied with reference to defects deriving from normal wear and tear of the asset.
5.1In accordance with the provisions of the Consumer Code, the Purchaser has the right to withdraw from the Contract, without the payment of penalties and without having to specify the reasons, starting from the receipt of the order confirmation sent by Usen and within the term of fourteen working days from receipt of the goods.
5.2 In compliance with the provisions of the Consumer Code, the Purchaser has the right to withdraw from the Contract, fourteen working days from receipt of the goods.
5.3 In case of exercise of the right of withdrawal, the Purchaser will also be required to return the Bene to Usen no later than two weeks from the sending of the aforementioned communication.
5.4 More detailed information on the procedure and instructions to be followed for the exercise of the right of withdrawal and related expenses are available in the “Return and Replacement” section of the Website.
5.5 Essential condition for the exercise of the right of withdrawal will be the substantial integrity of the product to be returned. It is however sufficient that the asset is returned in a normal state of conservation, as it is stored and possibly handled with the use of normal diligence.
5.6 In particular, the Goods must be returned:
a) properly packaged in their original packaging, in perfect state of resale (not damaged, damaged or dirty) and equipped with the warranty seal and any accessories and documentation;
b) carrying the transport document (present in the original packaging), in order to allow Usen to identify the Purchaser (order number, name, surname and address);
c) without manifest signs of use, if not those compatible with the carrying out of a normal test of the article. In other words, they must not bear any prolonged use (over a few minutes) exceeding the time required for a test and must not be in a state that does not allow them to be resold.
5.7 The costs of returning the goods will be charged to the Purchaser, as specified in the “Return and Replacements” section of the Website.
5.8 In the case of non-compliance by the Purchaser with the conditions set forth in art. 5.5 and 5.6, the Seller reserves the right to deduct from the reimbursement of the sums paid by the Purchaser an amount corresponding to the decrease in value of the Goods returned, giving notice to the Purchaser. Following this communication, the Purchaser is still entitled to recover, at its own expense, the products in the state in which they were returned to the Seller.
– PROTECTION OF PERSONAL DATA
6.1 Usen undertakes to respect the confidentiality of personal data collected at the time of purchase by the Purchaser and to treat them in compliance with the regulations set out in Legislative Decree no. 196/03.
6.2 In this regard, please refer to the detailed information contained in the “Privacy” section.
7.1 Usen reserves the right to modify these General Conditions of Sale at any time.
7.2 The General Conditions of Sale applicable to the sale of each asset will be those published on the Site on the date of the order relating to the asset itself. Therefore, the Purchaser must read and accept these General Conditions of Sale before proceeding with each purchase.
7.3 Should any provision of these General Terms and Conditions of Sale be considered void or invalid, these General Conditions of Sale will remain valid and productive of effects in the remaining part.
7.4 The mere tolerance or failure by Usen to contest any breach by the Purchaser with respect to the contents of the General Conditions of Sale can not be interpreted as tacit acceptance of such failures, nor as a desire to derogate from the agreement between the parties.
8.1 For any communication and / or request for assistance and / or claim related to the Goods purchased, the Purchaser may contact Usen at the addresses indicated in the “Contact” section of the Website.
– APPLICABLE LAW AND RESOLUTION OF DISPUTES
9.1 These General Conditions of Sale are governed by Italian law and, therefore, will be interpreted and performed in accordance with it.
9.2 In case of disruption or dispute between USEN of A.Melano and one of our users / customers, we guarantee right away our participation in a friendly conciliation which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner.
– CONDITIONS OF USE OF THE COMMERCIAL POLICY SITE
– INTELLECTUAL AND INDUSTRIAL PROPRIETY
The Site and its contents (by way of example but not limited to: works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, the graphics, colors, schemes, tools, characters and design of the website), as well as the trademarks and distinctive signs used by Usen in relation to the sale of goods, are protected by the rules on intellectual property rights and industrial. Consequently, any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, trademarks and distinctive signs used by Usen that is not expressly authorized by the rights holders is prohibited. . The trademarks and distinctive signs on the Site that distinguish the products sold on www.usenuselessenough.com are the property of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the goods for sale.
-USE OF THE SITE
The user is solely responsible for the use of the Site and its contents, as well as the sole responsible for the custody and proper use of their personal information, including the credentials that allow access to the Site and any harmful consequences or prejudice that should derive from the incorrect use, loss, subtraction of such information. Save responsibility for willful misconduct and gross negligence, Usen assumes no responsibility for the use of the Site and the contents not compliant with the laws in force by the User, nor for the communication of incorrect or incorrect information or data. to third parties, without the latter having given their consent. Usen does not assume any responsibility for the malfunctioning of the Site nor for the damages caused to the User by the use of the Site, which are not causally attributable to the same Usen. Usen publishes information on its website in order to provide a service to users, but disclaims any responsibility for any technical inaccuracies and / or typographical errors. If reported, Usen will immediately perform the corrections. Usen makes no representation that the information published on its website complies with the laws of the competent jurisdiction for the user. The website is a site protected according to international Internet standards, therefore the user’s device can not be infected by a virus during navigation if this happens correctly. However, Usen declines all responsibility for any problems, damages, viruses or risks that the user may incur during the improper use of the website and disclaims any responsibility for any malfunction of the website due to the deactivation of “cookies” in the user’s browser. Users must accept the terms and conditions of this legal notice, and must periodically visit these pages for any updates, changes and corrections. Usen reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website when necessary, without notice.
– COMMERCIAL POLICY
The offer and sale of products on the website www.usenuselessenough.com are governed by the conditions set out in the General Sales Conditions paragraph. Usen offers its products for sale and carries out its e-commerce activity exclusively towards end users who are “consumers”. “Consumer” means any natural person operating on www.usenuselessenough.com for purposes unrelated to any business, commercial, craft or professional activity carried out. In consideration of its commercial policy, Usen reserves the right not to follow orders from subjects other than the “consumer” or in any case to orders that do not comply with its commercial policy. In particular, to place orders on the site, Customers must: – be consumers – be 18 years of age – have the necessary requirements to be able to enter into legally binding contracts – have a valid POP email address – have a valid credit card: Visa , American Express, MasterCard or a bank account. At www.usenuselessenough.com, only top-quality branded products are offered for sale. The essential characteristics of the products are presented on www.usenuselessenough.com within each product page. Usen undertakes to ensure that the description and / or photographic representation of the products is as faithful as possible to the products themselves. However, bearing in mind that the quality of the images may depend on the computer tools used, it is possible that the perception of the description or the photographic representation of the products does not correspond exactly to the products themselves, so that the images and videos accompanying the presentation of the products they must be considered published purely descriptively.