General conditions of sale
GENERAL CONDITIONS OF SALE
Last revision: 04.06.2021
Anteprima Srl, (Tax code and VAT number: 01837640463) (infra “I Medici Knives”), in the person of its pro tempore legal representative, with registered office in Lucca (LU), Piazza dei Servi, 11, invites the 'user to take careful and complete vision, in a moment prior to the actual use of any service of the cd. information society pursuant to art. 2 paragraph 1 letter a) of the Electronic Commerce Code (“the economic activities carried out […] online”) put in place by I Medici Knives, as a “lender” pursuant to art. 2 paragraph 1 letter b) of the Electronic Commerce Code ("the natural or legal person who provides an information society service"), within the website www.imediciknives.com (infra "Site"), of the present General Conditions of Sale (hereinafter "GCS"), which fully regulate the purchase (and consequent management of the related purchase order) of goods pursuant to art 810, 812 paragraph 3 and 1519 bis paragraph 2 letter b) of the Italian Civil Code and pursuant to art. 45 paragraph 1 letter c) of the Consumer Code offered for sale or the subject of an invitation to purchase within the e-commerce platform (hereinafter "Platform") of the Site.
The User can hold the qualification of:
“Consumer” pursuant to the combined provisions of art. 3 paragraph 1 letter a) of Legislative Decree no. 206 of 6.9.2005 (hereinafter only "Consumer Code") ("the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity") and art. 2 paragraph 1 letter e) of Legislative Decree no. 70 of 9.4.2003 (hereinafter only "Electronic Commerce Code") ("any natural person acting for purposes not related to any commercial, entrepreneurial or professional activity carried out") (hereinafter ConsumerUser”)
“Professional” pursuant to art. 3 paragraph 1 letter c) of the Consumer Code ("the natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or his intermediary") (hereinafter Professional user”)
From now on, "Consumer user" and "Professional user" may possibly be jointly defined as just "user".
In compliance with art. 12 paragraph 3 of the Electronic Commerce Code and in compliance with Recital n. 18) of EU Regulation no. 2019/1150, I Medici Knives communicates, on the one hand, to make these GCS available to the user in a format that allows them to be stored and reproduced and, on the other hand, that they are easily available. of the user, at any level of the related business relationship.
In this regard, I Medici Knives also specifies that the GCS have been drawn up according to the requirements and criteria set out in art. 5 paragraph 3 and by art. 9 of the Consumer Code, by art. 7 of the Electronic Commerce Code and, finally, by Recital n. 15) of the EU Regulation no. 2019/1150.
1. Conclusion of the sale contract.
1.1. The purchase of goods published and offered for sale by I Medici Knives, within the Site can be carried out either by the consumer or professional user (except for the Public Administration).
1.2. In the event that the purchase contract of the goods published and offered for sale by I Medici Knives, within the Site is concluded by a Consumer, user, this purchase constitutes a distance sales contract pursuant to art. 45 paragraph 1 letter g) of the Consumer Code ("any contract concluded between the professional and the consumer within the framework of an organized scheme for the sale or provision of remote services without the physical and simultaneous presence of the professional and the consumer, through the 'exclusive use of one or more means of distance communication up to the conclusion of the contract, including the conclusion of the contract itself "); on the contrary, in the event that the purchase contract of the goods published and offered for sale, by I Medici Knives, within the Site is concluded by a Professional user, this purchase constitutes a sales contract pursuant to art . 1470 of the Italian Civil Code.
1.3. The sales contract referred to in the previous art. 1.2. is understood to be finalized following the payment, by the user in favor of I Medici Knives, of the sale price relating to the purchase of one or more ordered goods. In this regard, I Medici Knives specifies that - when the user submits the purchase order - the user must acknowledge that it implies the obligation to pay; furthermore, if the placing of the order implies the obligation to operate a button or a similar function, the button or the similar function bears, in an easily legible way, only the words "order with obligation to pay" or a corresponding unambiguous wording indicating that placing the order implies this charge.
1.4. I Medici Knives, following the complete and effective payment by the user, of the sale price relating to the purchase of one or more goods ordered, will issue - where required by the specific legislation in force - in the the relative and consequent accounting and / or tax documentation to the user.
2. Hypothesis of temporary lack of access to the Site.
2.1. I Medici Knives undertakes - as far as possible and with the exception of events directly and / or indirectly connected to and attributable to the internet - to ensure that access to the Site is provided without any interruption and that transmissions take place without errors. In this regard, I Medici Knives also communicates that access to the Site may, on an occasional basis, be suspended and / or limited in order to allow the execution of necessary and essential repair, maintenance or introduction of new activities. services and activities without anyone being able to claim anything for any reason.
3. Information aimed at concluding the purchase contract.
3.1. In compliance with art. 7 and 12 of the Electronic Commerce Code and in compliance with art. 49 and 51 of the Consumer Code, I Medici Knives communicates, in a clear and understandable way, to the user, before the forwarding of the purchase order and, therefore, before the latter can be bound by a sales contract that:
- In order to conclude the contract for the sale of goods on the Site, the user will be required to fill out an order in electronic format and transmit it electronically, using the instructions made available on the Site for this purpose;
- Before proceeding with the formal transmission of the purchase order, the user has the faculty and the right to identify and correct any errors and / or typos in the purchase order (using, for this purpose, the instructions made available) or the user has the right to modify, in full or in part, the purchase order before the formal and definitive transmission of the same;
- The purchase contract is considered concluded when the purchase order reaches the server of belonging or attributable (directly and / or indirectly) to I Medici Knives together with the payment made by credit card; in the case of payment made by bank transfer, the actual crediting of the amount paid to the Seller's current account will be required;
- Before proceeding with the formal and definitive transmission of the purchase order, the user can check the order summary containing the following information: (i) main characteristics and quantity of the products purchased (ii) the identity and contact details of I Medici Knives; (iii) the total sale price of the selected asset, including any legal taxes as well as any additional shipping costs or any other costs or, in the event that the described costs cannot reasonably be calculated in advance, an indication that such expenses will eventually be charged to the user at a later time; (iv) the chosen payment methods; (v) the date by which I Medici Knives undertakes to ship the goods.
3.2. In compliance with art. 13 of the Electronic Commerce Code and art. 51 paragraph 7 of the Consumer Code, I Medici Knives is required to offer the user, without undue delay (at the latest at the time of delivery of the goods), and preferably electronically (or in any case on a durable medium), the confirmation the purchase order received, which will include, in general, the information better illustrated in point d) of the previous art. 3.1. of the GCS.
3.3. The User who has registered will have the opportunity to check the purchase orders made, by accessing their personal area within the Site.
4. Information and availability of the goods on the Site.
4.1. All assets present and available on the Site are accompanied by a specific information sheet aimed at illustrating the main characteristics of these assets, as well as information on the updated availability of each asset selected by the user.
The images of the goods present and available on the Site reproduce, as faithfully as possible, the characteristics of the goods offered for sale on the Site itself, without prejudice to the hypothesis that the colors and sizes of the goods may differ from the real ones. and effective due to the settings of the computer systems used by the user for viewing them. For this reason, we inform you that, for the purposes of the correct conclusion of the sales contract, the user must take into consideration only the description contained in the information sheet of each asset offered for sale on the Site. Any non-significant aesthetic differences between the image and the actual product will not be just cause for returning the goods, without prejudice to the consumer's right provided for by the Consumer Code.
4.2. Considering that the Site can be visited by multiple users at the same time, there may be the hypothesis that, following the simultaneous sending of the purchase order by other users, all or part of the goods chosen by the User are no longer available. In this case and in all other cases in which, even for different reasons, one or more purchased goods are no longer available, I Medici Knives will immediately notify the user of this event and offer the user the following proposals: (i) in the event that it is possible to restock the goods ordered by the user, I Medici Knives will offer the latter an extension of the delivery terms, taking care to specify the new delivery term of the goods being restocked; (ii) in the event that it is not possible to restock the goods ordered by the user, I Medici Knives will offer the latter the supply of a different good of equivalent or higher value, without prejudice to the burden, for the user , to pay the related price supplement. In such cases, the User can accept or reject the offer no later than 5 (five) days from the formulation of the proposals. In case of refusal of the alternative offer, the user will have the right to terminate the contract in the part relating to the unavailable goods, without prejudice to the right to obtain a refund of the amount already paid, by crediting no later than 20 ( twenty) days on the same payment method used for the purchase.
5. Selling price of the asset on the Site.
5.1. The sale price of each item on the Site is to be understood as the final price, valid for one unit of product or for a certain quantity of product, including the statutory VAT where applicable and any other tax.
5.2. I Medici Knives reserves the right to change, at any time, the sale price of each item offered for sale on the Site, without prejudice, however, to the fact that the final price to be charged to the user will be solely and exclusively that indicated in the inside the Site at the time the user places the purchase order.
5.3. In the event that an asset has been offered for sale, within the Site, at a discounted price, the final purchase price will be indicated in the relevant information sheet of the asset concerned by the discount in question, with respect to which the final purchase price will be indicated and calculated. discount applied to it.
6. Methods of payment for the purchased goods.
6.1. The payment of the sale price described in the previous art. 5 of the goods purchased by the user within the Site can be carried out by the latter using the different methods indicated in the relevant order form. The payment methods accepted by I Medici Knives sono i seguenti:
are the following: CREDIT CARD: at the time of payment, if you have selected payment by credit card, you will be able to enter your card details; it will be possible to select the option to remember the details of the card used for the transaction, for quicker future use.
PAYPAL: at the time of payment, if you have selected PayPal, you will be redirected to the PayPal site, where you can conveniently make the payment. PayPal will report payment details and shipping address, as specified at the time of order completion. On Paypal it is also possible to pay with the main credit cards on the market and it is not mandatory to be registered on PayPal, you can also decide to enter your credit card exclusively for a single order.
BANK TRANSFER: in case of payment by bank transfer, the order will be processed upon receipt of payment. Below are the data to be used to make the payment by bank transfer: Account holder: Preview Srl -BANCA FIN-ECO S.P.A. - cod. Iban: IT60 S030 1503 2000 0000 3638 374.
In the case of payment by bank transfer, the order is considered completed with the actual crediting of the sums to the seller's current account.
7. User registration on the Site - Purchase without registration
7.1. The purchase on the I Medici Knives website can also be made without being registered but by entering an email address to which the summary information of the order placed and any other information relating to the order will be delivered. In this case, by confirming and sending the Order, the User expressly accepts these conditions of sale which will also be sent via email, together with the order summary.
7.2 User registration on the Site can only take place by creating a personal account, after having read and accepted these GCS as well as the other documents indicated therein.
7.3. The creation, by the user, of his personal account allows him to proceed with the purchase, as well as to possibly carry out further activities, described below by way of example: (i) where applicable, saving, modification and updating of his personal data inserted; (ii) access to all information relating to forwarded purchase orders, as well as to any related return procedure for the purchased goods; (iii) where applicable, verification of the updated status of the forwarded purchase order; (iv) where applicable, use of the services on the Site.
7.4. I Medici Knives recommends the user to keep and keep, with the utmost care, diligence and confidentiality, the credentials necessary to access their personal account: in this regard, the user undertakes to communicate, without delay, to I Medici Knives any information about an undue (even potential) use of one's credentials by unauthorized third parties.
7.5. The user guarantees that the information provided for the creation of his personal account is true and, therefore, undertakes to indemnify I Medici Knives from any type of liability deriving from the violation, by the user and / or any person. third, of the registration procedure within the Site, or deriving from the improper use of one's authentication credentials by unauthorized third parties or, finally, deriving from the incorrect and unsuitable conservation and custody of the access credentials to one's personal account . Furthermore, the user is required to use the Site in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any type, as well as in such a way as not to cause any disturbance, damage to the Site and to any registered user on the Site.
7.6. I Medici Knives reserves the right to suspend (for a fixed or indefinite period) or cancel the personal account of the user who is responsible, directly or indirectly, for offenses or violations of the provisions of these GCS and / or in the other documents indicated on the Site. Where this occurs, I Medici Knives undertakes to send the relevant user a communication informing him of the accomplishment of this event and of the connected causes that determined it.
8. Rules of conduct by the user.
8.1. The user is required not to publish (where it is technically possible the publication of content on the Site), within the Site, reviews, communications, comments or any other type of content of an illicit, obscene, abusive, defamatory nature against I Medici Knives and / or other users or third parties, as well as is required not to publish any type of content that could lead to a violation of the legislation on the protection of personal data of individuals, a violation of the rules on intellectual property or a violation of any other current legislation.
8.2. The user is prohibited from using false personal data or connected, directly or indirectly, to third parties.
8.3. I Medici Knives reserves, at any time, the right to suspend (for a fixed or indefinite period) or cancel the personal account of the user who is responsible, directly or indirectly, for violations of the provisions of the previous articles 8.1. and 8.2. by sending a notice to the user at the addresses indicated at the time of registration.
9. Right of withdrawal by the User and methods of exercise.
Please refer to the withdrawal conditions provided at the following link: RIGHT OF WITHDRAWAL - RETURNS AND REFUNDS
10. Returns of defective and non-compliant products.
Please refer to the return and refund conditions provided at the following link: RIGHT OF WITHDRAWAL - RETURNS AND REFUNDS
Please refer to the shipping and payment conditions at the following link: SHIPPING AND PAYMENTS
12. Passing of Risk.
12.1. In contracts that place I Medici Knives on the obligation to provide for the shipment of the goods, the risk of loss or damage to the goods is transferred to the user only when the latter or a third party designated by him and different from the carrier materially comes into possession of the asset. However, the risk is transferred to the user already at the time of delivery to the carrier if the latter has been chosen by the user and this choice has not been proposed by I Medici Knives, without prejudice to the user's rights towards the carrier.
13. Compliance with the contract.
13.1. I Medici Knives is obliged to deliver to the user a good that complies with the sale contract concluded. The good is presumed to comply with the contract if, where relevant, the following circumstances coexist:
it is suitable for the use to which an asset of the same type is usually used;
it conforms to the description given and possesses the qualities of the good that I Medici Knives has presented to the user as a sample or model;
- presents the usual quality and performance of an asset of the same type, which the user can reasonably expect, taking into account the nature of the asset and, where appropriate, the public statements on the specific characteristics of the asset made in this regard by I Medici Knives.
13.2. There is no lack of conformity if, at the time of the conclusion of the contract, the user was aware of the defect or could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the user.
13.3. I Medici Knives is not bound by the public declarations better described in the previous point c) of art. 13.1. when, even alternatively, it proves that: (i) was not aware of the declaration and could not know it with ordinary diligence; (ii) the declaration was adequately corrected by the time of the conclusion of the contract in order to be known to the user; (iii) the decision to purchase the asset was not affected by the declaration.
13.4. In the case of a Consumer user,, I Medici Knives is responsible when the lack of conformity of the goods occurs within the term of 1 (ONE) year from the delivery of the goods. The user loses the rights described in the following art. 15 if you do not report the lack of conformity to I Medici Knives within 2 (two) months from the date on which you discovered the defect; the complaint is not necessary if I Medici Knives has recognized the existence of the defect or has concealed it. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 (six) months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance. The direct action to assert the defects not intentionally concealed by I Medici Knives is prescribed, in any case, within 26 (twenty-six) months from the delivery of the goods; the user, who is agreed for the execution of the contract, can however always assert the rights referred to in the following art. 15 provided that the lack of conformity has been reported within 2 (two) months of discovery and before the expiry of the term referred to in the previous period.
13.5. In the case of a Professional user, the provisions of art. 1495 of the Italian Civil Code and, therefore, the Professional user loses the right to the guarantee pursuant to art. 1490 of the Italian Civil Code if he does not report the defects to I Medici Knives within 8 (eight) days of discovery. Reporting is not necessary if I Medici Knives has recognized the existence of the defect or has concealed it. The action is prescribed, in any case, in 1 (one) year from delivery but the Professional user,, who is agreed for the execution of the contract, can always assert the guarantee, provided that the defect has been reported within 8 (eight) days from discovery and before 1 (one) year from delivery.
14. Rights of the user.
14.1. I Medici Knives is liable to the user for any lack of conformity existing at the time of delivery of the goods, subject to the exceptions described in the previous art. 13.
14.2. In the event of a lack of conformity, the user has the right to restore, without charge, the conformity of the goods by repair or replacement or to an appropriate reduction in the price or termination of the contract.
14.3. The user can ask, at his choice, to repair the good or to replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other: in this regard, one is to be considered excessively burdensome. of the two remedies if it imposes unreasonable expenses on I Medici Knives compared to the other, taking into account: (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the user. The costs refer to the costs necessary to make the goods compliant, in particular with reference to the costs incurred for shipping, labor and materials.
14.4. Repairs or replacements must be carried out within a reasonable time from the request to be communicated between the parties and must not cause significant inconvenience to the user, taking into account the nature of the asset and the purpose for which the user purchased the asset.
14.5. The user may, in turn, request an appropriate price reduction or termination of the contract if one of the following situations occurs: (i) repair and replacement are impossible or excessively expensive; (ii) I Medici Knives has not repaired or replaced the goods within the appropriate period referred to in the previous art. 14.4 .; (iii) the replacement or repair previously carried out has caused significant inconvenience to the user. In determining the amount of the reduction or the amount to be returned, the use of the asset is taken into account.
14.6. After reporting the lack of conformity, I Medici Knives can offer the user any other remedy available, with the following effects: (i) if the user has already requested a specific remedy, I Medici Knives remains obliged to implement it within a reasonable term, unless the user accepts the proposed alternative remedy; (ii) if the user has not already requested a specific remedy, the user must accept the proposal or reject it by choosing another remedy.
14.7. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the sales contract.
15. Applicable law, jurisdiction and alternative methods of resolving a dispute.
15.1. The sales contract concluded between I Medici Knives and the user through the Site is governed by the applicable Italian legislation.
15.2. In the event that the buyer is a Consumer user, for the resolution of the dispute inherent to these GCS, pursuant to and for the purposes of art. 66 bis of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the Consumer User; on the other hand, in the event that the buyer is a Professional User, for the resolution of the dispute inherent to these GCS, the territorial jurisdiction is, exclusively, of the Court of Lucca.
15.3. The user has the right to use, where the necessary requirements exist and in order to resolve the dispute inherent to these GCS, of the "Online Dispute Resolution" established by the European Commission, as well as having the right to make use, where appropriate. necessary requirements and in order to resolve the dispute inherent to these GCS, of the extrajudicial settlement bodies operating electronically pursuant to art. 19 of the Electronic Commerce Code. In addition to the alternative procedures described above, the Consumer user also has the right to use, where the necessary requirements exist and in order to resolve the dispute inherent to these GCS, the out-of-court resolution procedure provided for pursuant to in conjunction with art. 66 quater and art. 141 ss. of the Consumer Code.
16. Customer Support.
16.1. For any request for assistance and / or contact, I Medici Knives can be contacted at the following addresses: email@example.com
This document is subject to periodic changes which I Medici Knives will update by only inserting the date of the last revision. It is the user's responsibility to check for any changes that have occurred after their last access to the site.