GENERAL CONTRACT TERMS
1.1 The term “Contract” refers to the sales contract relating to sales of merchandise of Arms&Mounts, stipulated between the same and the Buyer using a remote telematic sales system organized by Arms&Mounts.
1.2 The term “Buyer” refers to the physical person or company performing purchases, referred to in this agreement, exclusively for commercial or professional activity by the same.
1.3 The term “Arms&Mounts” refers to Calzavara S.p.a., with headquarters in Basiliano (UD), via Corecian, 60, Tax ID IT00452490303.
1.4. The term “Merchandise” o “Goods” refers to products or merchandise for sale by Arms&Mounts on its website www.arms-and-mounts.com.
2) OBJECT OF THE CONTRACT
2.1 With the Contract, respectively, Arms&Mounts sells and the Buyer purchases merchandise remotely through telematic instruments.
2.2 Merchandise is shown on the website: www.arms-and-mounts.com/store
3) CONTRACT STIPULATION METHOD
The contract is entered exclusively through the internet by the Buyer accessing the website www.arms-and-mounts.com, where, following the procedure indicated, the Buyer creates and formalizes an order for the purchase of Merchandise.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is created through the completion of the order form found in the electronic catalog on webpage www.arms-and-mounts.com/checkout, the acceptance of general terms and conditions of the contract through use of a Point and Click button, sending the completed order form, which is printable, upon which are listed relevant details of the Buyer and the order, the price of Merchandise purchased, shipping costs and any other eventual costs, terms and method of payment, shipping address and delivery date.
4.2 At the moment that Arms&Mounts receives the order from the Buyer, subject to verification of correct information, a confirmation email is sent, or the Buyer may review the order summary, printable, containing all order information.
4.3 The Contract enters into force at the moment the Buyer receives the order confirmation.
4.4 Once the Contract has entered into force, the Buyer may not revoke the order.
5) METHODS OF PAYMENT AND REFUND
5.1 Buyers may only make payments using the PayPal system at the moment of purchase.
5.2 Any eventual refund to the Buyer will be made through one of the methods proposed by Arms&Mounts and chosen by the Buyer.
5.3 All communications regarding payments are conducted through a secure line and the Arms&Mounts protected billing system.
6) DELIVERY METHOD AND TIMING
6.1 Arms&Mounts will deliver Merchandise purchased through shipping methods indicated on the web page www.arms-and-mounts.com/shipping-informations, as confirmed on the order in Point 4.
6.2 The delivery addresses for Buyers with legal headquarters in countries of the European Union must be within the EU. Delivery addresses for Buyers without legal headquarters in countries of the European Union must correspond to the address of the Buyer’s legal headquarters (delivery method, delivery at place – ICC INCOTERMS® 2010).
6.3 Delivery dates may vary in relation to the type and configuration of products purchased by the Buyer.
6.4 Shipping methods and costs are indicated on the web page www.arms-and-mounts.com/shipping-informations.
7.1 All Merchandise sale prices are indicated in Euro.
7.2 Previously mentioned prices to not include IVA or any other eventual applicable charges. Shipping costs are not included in the sale price, but are indicated during the order process and contained in the summary of completed orders.
8) LIMITATION OF LIABILITY FOR THIRD PARTY ACTIONS
8.1 Arms&Mounts does not assume any responsibility for disruptions due to force majeure.
8.2 Arms&Mounts is not responsible to the Buyer, except in the case of intent or gross negligence on its part, for deficiencies or malfunctions related to the use of the internet outside of its own control or the control of its suppliers.
8.3 Further, Arms&Mounts is not responsible for damages, losses or costs incurred by the Buyer as a result of the failure of execution of the contract for causes not attributable to itself, the Buyer having only the right to full refund of the purchase price and any incidental charges incurred.
8.4 Arms&Mounts does not assume any responsibility for any fraudulent or illegal usage by third parties of credit cards, cheques or other payment methods, for the act of payment of Goods purchased, having proven that it has taken all the precautions possible based on the best technology and experience of the moment and on the basis of regular diligence.
9) WARRANTIES AND ASSISTANCE
9.1 Arms&Mounts responds to defects of the goods within the time limit of 1 year from the date of delivery of the Merchandise.
9.2 Such defects must be announced to Arms&Mounts, or risk default of the warranty: if manifest, i.e. detectable through a simple visual check, within eight days from delivery of the goods; if hidden, i.e. not ascertainable through a simple visual check, within eight days from the discovery of the defect.
9.3 The complaint may be made through the appropriate module of the web page www-arms-and-mounts-com/contacts.
9.4 The complaint must contain: order information (name, address, telephone number); the defect found; conditions of use of the product.
9.5 In cases where the defect is covered by the warranty, the Seller may proceed, at its discretion, with the repair of the product, or its substitution with the same or equal product, compatible with any technological improvements made between the moment of purchase and the moments of complaint.
9.6 The repair or substitution of the product does not include costs for its removal, disassembly or re-installation, transport of the product from the Buyer to Arms&Mounts and vice versa.
9.7 Should the repair or substitution of the product be impossible or excessively onerous, the Buyer may choose to request an appropriate reduction of the price or the dissolution of the contract. In that case the Buyer must submit its request to Arms&Mounts, which will, in turn, indicate its acceptance of the plan or provide reasons which would impede it to do so.
9.8 If Arms&Mounts accepts the Buyer’s request, it must indicate the proposed price reduction, as well as arrangements for the restitution of the defective product.
10) WARRANTY DISCLAIMER
10.1 The warranty is void in the case of:
- inappropriate use of the Merchandise, or in environmental conditions and/or with power supply voltages which differ from what is stated in the product manual, in the Arms&Mounts technical sheet or in other documentation still available from Arms&Mounts;
- incorrect product installation or maintenance which does not conform to instructions provided by Arms&Mounts;
- modifications or repairs made to the product without the express written authorization of Arms&Mounts or which to don conform to the instructions provided;
- excessive mechanical loads which do not conform to the use of the product and its characteristics;
- defects that do not compromise the structural and/or mechanical safety of the product;
- damage consequent to atmospheric events, criminal acts or other accidental events, which exclude the attribution of such defects to the manufacturing process of the product;
11) RESOLUTION PROCEEDINGS
11.1 The obligation of payment by the Purchaser has essential character, so that for contractual agreements, his failure, if not determined by chance or force majeure, will lead to the legal enforcement of the aforementioned contract according to art.1456 dc , without the need for court decision.
12) PROTECTION OF PRIVACY AND TREATMENT OF BUYERS’ PERSONAL INFORMATION
12.1 Arms&Mounts protects the privacy of its client and guarantee that the treatment of personal information conforms with applicable privacy laws, specifically D.Lgs. 30 giugno 2003, n. 196.
12.2 Personal and financial information acquired directly and/or through third parties by Arms&Mounts, charged with the treatment of data, is collected and held in paper and digital form, for the purpose of recording the orders, and in order to activate procedures for the execution of the contract and the necessary communications, and the fulfillment of any obligations of the law, as well as to enable the efficient management of the business and trade relationship to the extent necessary to best perform the service requested (art. 24, comma 1, lett. b, D.Lgs. n. 196/2003).
12.3 Arms&Mounts is obliged to treat the Buyer’s information with privacy, and not reveal it to unauthorized parties, nor use it for means other than those for which it has been given, nor transmit it to third parties. Such information may be shared only by judicial request and with other authorities authorized by law.
12.4 Personal information will be communicated, subject to the signing of a confidentiality agreement of the data itself, only to those delegated with the completion of the activities necessary for the execution of the contract and communicated exclusively within this purpose.
12.5 The Buyer enjoys the rights conferred by art. 7 del D.L.vo 196/03 , which is:
– the right to obtain:
- the updating, modification or correction or, when there is an interest, the integration of the data;
- the cancelation, anonymous alteration or block of data in violation of the law, including that which does not require the conservation of data in relation to the use for which it was collected or successively used;
- certification that the operations referred to in letters a) and b) above have been communicated, regarding their content to those to whom the data was communicated, except in the case where this involves the use of means manifestly disproportionate in relation to the protected right.
– the right to refuse in whole or in part:
- for legitimate reasons, the treatment of personal information, even if it is relevant to the purpose for which it was collected;
- the treatment of personal data for the purpose of sending advertising material or direct sales, or for the completion of market research or commercial communication;
12.6 The communication of the Buyer’s information is a necessary condition for the timely execution of the contract. In its absence or error, the Buyer’s order will not be filled.
12.7 In every case, data acquired will be kept in archive for a period not to exceed that necessary for the use for which it has been collected and successively used. Its elimination is performed in a secure manner.
12.8 The Buyer may direct any requests to the holder of the data archive, Arms&Mounts.
12.9 Everything which arrives to the mailing address (including electronic mail to the email address) of the Center (requests, suggestions, ideas, information, materials etc. ) will not be considered information or data of a confidential nature, must not infringe the rights of other people and must contain true and valid information. In any case, no responsibility for the content of any message may be attributed to the Center.
13) ARCHIVAL PRESERVATION OF THE CONTRACT
13.1 In accordance with art. 12 del D.L.vo 70/03, Arms&Mounts informs the Buyer that each order sent is saved in digital and written form, on the server and at the headquarters of Arms&Mounts according to privacy and security criteria.
14) COMMUNICATIONS AND COMPLAINTS
14.1 Written communication to Arms&Mounts and eventual complaints are considered valid only when sent through the website www.arms-and-mounts.com.
14.2 The Buyer provides the name and email address in “contacts” of the information request module to indicate where communications from Arms&Mounts will be sent.
15.1 Jurisdiction in disputes relating to the contract lies exclusively with the Court of Udine (Italy), or the Justices of the Peace in Udine (Italy), based on contract value, which will judged by applying Italian procedural law.
16) APPLICABLE LAW
16.1 The contract here present is subject to and regulated by Italian law.