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  1. DEFINITIONS

The terms and phrases here listed have the meaning indicated below, it being understood that the terms defined in the singular are also understood to be defined in the plural and vice versa.

Customer: means any person (natural or legal person) who purchases one or more Products through the Online Store, accepting the General Conditions.

Axis srl: means Axis srl, with its registered office in Via Mossa 24, Montappone 63835, Fermo, Italia.

General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by Axis Srl.

Online Shop: means the virtual shop, managed by Axis Srl and accessible via the URL www.carloforti.it through which you can purchase the Products.

Sale and Purchase Agreements: means the purchase and sale agreements for the Products concluded, according to art. 3., between Axis Srl and the Customers through the On-Line Shop.

Orders: means purchase orders for Products sent by Customers, in accordance with the General Conditions and following the procedure set out in art. 6.

Order Confirmation: means the e-mail message through which Axis Srl communicates the acceptance of Orders to Customers.

Price: means the sale price of the Products as indicated in the Online Shop corresponding to the Products themselves.

Products: means the products published in the Online Shop for the purpose of their sale.

Profile: means the area of ​​the Online Shop where Customers can, after authentication: (i) view and change their personal data and the addresses where the Products object of the Orders must be shipped and delivered; (ii) view the previous Orders; (iii) access any other specific function relating to their activity in the Online Store.

  • OBJECT

2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part of them.

2.2 Axis Srl reserves the right to modify the General Conditions at any time, it being understood that those published in the On-Line Shop at the time the Orders are placed by the Customers will be considered applicable to the Sale and Purchase Agreements.

2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions most favorable to the Customers will be applied.

  • CONCLUSION OF THE SALE AND PURCHASE AGREEMENTS

3.1 Axis Srl undertakes to send the Order Confirmation to the Customers within 2 working days of receipt of the Orders from the Customers.

3.2 The Sale and Purchase Agreements are understood to be concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the deadline indicated in art. 3.1, the relative Order must be considered rejected by Axis Srl and, therefore, without effect.

3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to how to purchase the Products referred to in art. 6 and to have fully accepted the General Conditions as well as having read all the additional information contained in the On-Line Shop, also recalled via links.

3.4 Orders will be filed in the database of the On-Line Shop, according to the procedures and in compliance with the provisions of Legislative Decree 06/30/2003 n. 196 (“Privacy”) and will be accessible by contacting Axis Srl at the references referred to in art. 16 or by accessing the Profile.

  • PRODUCT AVAILABILITY

4.1 Without prejudice to the provisions of art. 4.6, for each Product published in the On-Line Shop, Axis Srl indicates whether it:

(i) is available in its warehouse.

(ii) it is not available in its warehouse.

(iii) is available “on request”.

(iv) is “customizable”.

4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without implying any liability for Axis Srl towards the Customers.

4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as “not available” pursuant to art. 4.1 (ii) cannot be ordered by Customers. In the event of unexpected unavailability of a Product indicated as available at the time the Order is sent by a Customer, Axis Srl, without prejudice to the provisions of art. 3.2, undertakes to indicate to this Customer, in a subsequent communication by e-mail, the indicative times for a new availability of the Product/s object of the Order sent by the Customer. The Customer can collect the Order within 48 hours of receipt of this communication from Axis Srl (without prejudice to the right of withdrawal acording to art. 9) by sending an e-mail message to the address specified in art. 16. In this case Axis Srl undertakes to reimburse the Price as soon as possible.

4.4 If on a product there is an indication available “on request”, it means that this Product, at that time, is not available at the Axis Srl warehouse, but that Axis Srl will be responsible for ordering it at the central warehouse of Axis Srl after the Customer has ordered it from Axis Srl.

4.5 If there is an indication “customizable” in correspondence with a Product, it means that this Product can be modified / adapted / customized according to the specific requests of the Customers. In this case, Customers must specify their requests in the appropriate space at the time of placing the Order. After sending the Order Confirmation, Axis Srl undertakes to communicate to the Customers, by e-mail, the deadline for the shipment of the customized Product. While Axis Srl undertakes to do everything in its power to ensure compliance with this deadline, it is to be understood as merely indicative and does not entail any constraint for Axis Srl;

4.6 Axis Srl reserves the right not to indicate the availability of all the Products published in the On-Line Shop (or of some ot them)

  • PRICE AND SHIPPING COSTS; TAXES AND DUTIES

5.1 Prices as listed in € (Euro). The applicable price is the one published in the Online Shop at the time the Orders are placed by the Customers.

5.2 The Price is inclusive of VAT (22%).

5.3 The Price does not include shipping costs. Axis Srl reserves the right to ask Customers for a contribution for shipping costs which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination.

5.4 The contribution requested by Axis Srl for the shipping costs is indicated, separately from the Price, before the Order is sent by the Customers and will be paid by the Customers together and simultaneously with the payment of the Price according to the methods set out in art. 7.

5.5 Any taxes, duties, duties and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of delivery.

  • SENDING ORDERS METHODS

6.1 In order to proceed with placing Orders, Customers are required to register in the Online Shop by entering all “mandatory” data and choosing a password to send Orders and to access their Profile, even at a later time.

6.2 Customers can purchase the Products by selecting them in the section of the On-Line Shop dedicated to the type of Product they are looking for and inserting them in the “cart”. If the Products that the Customers want to purchase are more than one, the same procedure above must be repeated by clicking on “add other products”. Once the products’ choice has been completed, customers must, if they have not already done previously, proceed with the registration pursuant to art. 6.1 or, if already registered, they must authenticate by entering the e-mail address and password in the appropriate spaces and clicking on “go to the cashier”. Having verified the correctness of the data relating to the chosen Product (s) and the “sending information”, the Customers must choose the payment method referred to in art. 7. Once the payment method has been chosen, Customers can proceed with sending the Orders by clicking on “send”.

  • METHODS OF PAYMENT

7.1 Customers can pay the Price and the contribution for the shipping costs referred to in art. 5 by credit card, PayPal or other means of payment that may be indicated by Axis Srl to be used by the Customers, it being understood that those published in the On-Line shop at the time the Orders are sent by the Customers will be considered usable.

7.2 In case of payment by credit card, the charge to the Customers of the Price and the contribution for the shipping costs referred to in art. 5 occurs, once the credit card data has been verified and the debit authorization is received from the company issuing the credit card used by the Customers, at the same time as Axis Srl sends the Order Confirmation. The credit card data sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment is made directly on a secure server, with an SSL encryption key to guarantee the absolute security of the transaction. The credit card details are not accessible by Axis Srl or third parties, neither at the time of placing the Orders nor subsequently.

7.4 In case of payment via PayPal, at the time the Orders are placed by the Customers, the Web session will be transferred to the secure PayPal website. On this website, customers can complete the payment of the price and the contribution for the shipping costs referred to in art. 4 using their own PayPal account and according to the conditions of use of the PayPal service subscribed by the Customers at that time or previously. The charge of the Price and the contribution for the shipping costs referred to in art. 4 on the Customer’s PayPal account takes place at the same time as Axis Srl sends the Order Confirmation.

7.5 If requested by the Customers at the same time as sending the Orders, Axis Srl will send the Customers a regular invoice, by e-mail or post. For the purpose of issuing the invoice, the information provided by the Customers is valid. No variation of the invoice will be possible after its issue by Axis Srl.

7.6 The information received by Axis Srl pursuant to this article 6 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in the event of exercising the right of withdrawal pursuant to art. 9. by the Customers.

  • SHIPPING OF THE PRODUCT

8.1 Given that the “shipment” of the Products by Axis Srl means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Axis Srl is not required to ship the Products until it has received payment of the Price; once payment has been received, Axis Srl undertakes to ship the Products:

(i) in case of available Products (as defined in Article 4.):

– within 3 working days of receipt of the debit authorization notice pursuant to art. 7.2 in case of payment by credit card;

– within 3 working days from the moment in which the payment information has been made available to Axis Srl in case of payment by means other than credit card;

(ii) in case of available Products that have become unavailable (as defined in Article 4.3), within 3 working days from the moment in which such Product or such Products are again available at the Axis Srl warehouses, without prejudice to the Customer’s right to withdraw the Order pursuant to the same art. 4.3;

(iii) in case of “on request” Products (as defined in Article 4.4.), within 3 working days from the time they are available at the Axis Srl warehouses;

(iv) in case of “customized” Products, (as defined in art. 4.5.), within 3 working days from the time they are available at the Axis Srl warehouses;

(v) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.6) and the Products are available at the Axis Srl warehouses at the time the Order is sent by Clients:

– within 3 working days of receipt of the debit authorization notice pursuant to art. 7.2 in case of payment by credit card;

– within 3 working days from the moment in which the payment information has been made available to Axis Srl in case of payment by means other than credit card;

(vi) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.6) and the Products are not available at the Axis Srl warehouses at the time the Order is sent by of Customers, within 3 working days from the moment in which the Products are available at the Axis Srl warehouses.

8.2 Axis Srl guarantees the shipment of the Products, in the States indicated in the Online Shop, by express couriers selected from time to time depending on the Product object of the Order and the place of destination. The Products are shipped by Axis Srl, and delivered by the courier selected by Axis Srl, to the address indicated by the Customers at the time of registration pursuant to art. 6.1 or to a different address indicated at the time the Order is sent.

8.3 Axis Srl undertakes to do everything in its power to ensure that the Products shipped pursuant to art. 8.1 and 8.2 are delivered by selected couriers:

– in Italy within 48 hours from the date of shipment;

– outside Italy within 10 days from the date of shipment.

8.4 The delivery terms referred to in art. 8.3, cannot, in any case, be considered binding and Axis Srl, not being able to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.

8.5 In order to allow Customers to track the status of their Orders, Axis Srl generates an Order number which, entered in the “My orders” section – accessible from all pages of the On-Line Shop – allows you to check all information relating to Orders.

8.6 Customers can also check the status of the Orders thanks to the online “Order Tracking” function provided by the courier chosen by Axis Srl for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the tracking data communicated by Axis Srl by e-mail or by accessing the Profile.

8.7 Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:

(i) the Products correspond to what is indicated in the courier transport document (DDT) both in terms of number and type;

(ii) the packaging / packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials.

8.8 Any damage to the packaging or the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery by the courier. It is understood that, once the courier’s document has been signed without any objection, the Customers can no longer raise any objection to Axis Srl with reference to the external characteristics of what has been delivered.

8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must sign to certify the delivery. Couriers do not deliver to post office boxes or by placing the Products in letterboxes or other similar places.

  • RIGHT OF WITHDRAWAL

9.1 If the Customers are “consumers” (e.g., a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), they have the right, pursuant to and for the purposes of art. 64 of D.Lgs. n. 206/2005 of the Italian Law, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by the Customers by sending Axis Srl a written communication, by e-mail to the address referred to in art. 16., containing:

(i) the manifestation of the will to exercise the right of withdrawal;

(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.

9.2 In case of exercise by the Customers of the right of withdrawal referred to in this art. 9 .:

(i) Customers undertake to return the Products within 10 working days from the date of the notice of withdrawal pursuant to art. 9.1;

(ii) all costs related to the return of the Products are entirely borne by the Customers;

(iii) Axis Srl undertakes to reimburse the Price as soon as possible, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:

– the Products have been returned and are intact;

– the original packaging / packaging of the Products is also returned and the same is intact;

– any accessories, instruction manuals, etc. are also returned and they are intact;

– the Products have not been used;

(iv) Axis Srl will communicate to the Customers the modalities for reimbursement of the Price and may, for this purpose, ask the Customers for their bank details (IBAN and account holder).

9.3 If the Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms referred to in this article 9, the Customers are not entitled to a refund of the Price.

9.4 As an alternative to exercising the right of withdrawal referred to in this art. 9, “Consumer” Customers (according to the definition referred to in Article 9.1) can opt for a “product change” according to the methods and terms specified in the Online Shop.

  1. FLAWS AND DEFECTS OF THE PRODUCTS

10.1 If the Products have a guarantee recognized by the manufacturer (commercial / conventional guarantee), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the guarantee itself.

10.2 “Consumers” customers (as defined in art. 9.1) may request the seller, within the term set out in art. 132 of D.Lgs 206/05 (Italian Consumer Code), the remedies provided for by the Consumer Code for the lack of conformity of the Products existing at the time of delivery of the goods.

  1. Product Responsibility

The manufacturer of the Products is the person responsible for any damage caused by defects in the Products themselves.

  1. Privacy

Axis Srl declares and guarantees that the personal data of customers will be treated in accordance with the provisions of Legislative Decree 196/03, and subsequent amendments. Details relating to the methods of data processing are communicated to customers at the time of registration pursuant to art. 6.1 or 6.2.

  1. ERRORS AND / OR INACCURACIES IN THE ON-LINE SHOP

13.1 Axis Srl undertakes to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the On-Line Shop contains, or may over time contain, errors, inaccuracies or omissions.

13.2 Axis Srl therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notification to the Customers.

  1. INTELLECTUAL PROPERTY

All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Axis Srl; The On-Line Shop and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Axis Srl.

  1. APPLICABLE LAW

15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particularly by D.Lgs. n. 206 of 06/09/2005 of the Italian Law – which in articles 50 to 67 governs distance contracts – and by D.Lgs. 70 of 09/04/2003 of the Italian Law on electronic commerce) and in the light of this they must be interpreted.

15.2 For any dispute that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Turin court will have exclusive jurisdiction, except for “consumer” Customers, who may activate a compliant out-of-court dispute resolution procedure with the requirements set out in Articles 141 and ss. of D.Lgs. n. 206 of 06/09/2005 of the Italian Law. In the case that the Customer activates the aforementioned procedure, Axis Srl guarantees its participation in an attempt at an amicable settlement that the user can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce “.

  1. CONTACTS.

For further information and assistance on the Online Shop, on how to purchase or on Sale and Purchase Agreements, Customers can contact Axis Srl through our customer service, or by letter to the address below:

Axis Srl – Via Del Lavoro 8 – 63836 Monte Vidon Corrado (FM)

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