Date posted on website and effective date 21/12/2021
1. Definitions and Purpose
Within these general terms and conditions of sale:
a) “Customer” means any party, having registered or not, purchased one or more products from the website, and whether a consumer (“Consumer”) or a professional (“Business Customer”).
b) “Consumer” refers to a Customer that purchases one or more products on the website for purposes other than any business, trade, craft or professional activities that may be carried out.
c) “Business Customer” refers to a Customer that purchases one or more products via the Website in carrying out its own business, trade, craft or professional activities, or one of its intermediaries.
d) “Equilibra” refers to Equilibra s.r.l., with registered offices in Turin, at via Plava, 74, tax code and VAT number 06570290012, Economic and Administrative Index (REA) code TO-798347, email address: firstname.lastname@example.org, freephone number (within Italy) 800 01 78 74.
e) “Website” means the e-commerce site of www.equilibra.it
Further definitions may also be indicated within these general terms and conditions below.
1.2.1. These general terms and conditions govern the online sale of products displayed on the Website www.equilibra.it (hereinafter “Products”), in accordance with Italian Legislative Decree 206/2005 (“Consumer Code”) and subsequent amendments and additions, where applicable, as well as the provisions of Italian Legislative Decree no. 70/2003 and the provisions of the Italian Civil Code, for matters not provided for herein. The Website is the property of Equilibra, as defined above, which acts as seller.
1.2.2 The aforementioned company Equilibra sells Products via its Website in its own name and on its own behalf. The parties to the purchase of Products via the Website shall therefore be Equilibra itself, as defined in Article 1.1. above, as seller (hereinafter, the “Seller”), and the Customer, which purchases one or more Products via the Website, whether as a Consumer or a Business Customer, as defined in Article 1.1 (the Seller and the Customer may hereinafter be collectively referred to as the “Parties”).
1.2.3. Any communication from the Customer connected and/or related to the purchase of the Products – including any reports, complaints or requests concerning the purchase and/or delivery of the Products – may be sent to the Seller at the email address: email@example.com, or by telephone on freephone number (within Italy) 800 01 78 74.
1.2.4. Customers accessing the Website to make purchases are required to read these General Terms and Conditions of Sale (hereinafter “Terms and Conditions”) carefully before submitting the order. The General Terms are always available at the bottom of the Website, as indicated in Article 3.2 below. They are made available for the Customer to read before submitting any order.
1.2.5. Each purchase is governed by these General Terms and Conditions of Sale in the version that is published on the Website at the time the order is submitted by the Customer.
1.2.6. The Seller reserves the right to amend these General Terms and Conditions of Sale at any time, at its own discretion, without the need to provide any advance notice to the users of the Website. Any amendments made will be effective from the date that they are posted on the Website and will only apply to sales that are made from that date.
1.2.7. At the time of submission of the purchase order, the Customer shall accept that the confirmation and summary of information regarding the order made will be sent to him or her by email to the address provided during the registration or purchase process.
1.2.8. To be able to make purchases via the Website, Consumers are required to be over 18 years old and have the capacity to act, and they declare and confirm that they meet these requirements. Any party that concludes the contract on behalf of the Business Customer declares and guarantees that he/she has the necessary authority to conclude the contract of purchase for Products on the Website and/or to register on the Website on behalf of the same Business Customer, validly committing the Business Customer to the Vendor for these purposes.
1.2.9. Any costs for connection to the Website via the internet, including telephone expenses shall be exclusively borne by the Customer, according to the rates applied by the operator selected by the Customer.
1.2.10. The procedure for conclusion of the contract and these Terms and Conditions are available in Italian.
1.2.11. The Website may be accessed from anywhere in the world; however, deliveries are only made within Italy..
2. Product Characteristics
2.1. The characteristics of the Products are indicated and described on the Website. In particular, there is a Product Data Sheet available on the Website for each Product, which includes the necessary information in accordance with current legislation.
2.2. Images on the Website are as accurate a representation of the Products as possible. However, they are only intended as a guide and should therefore be understood to be subject to a tolerance margin. In any case, users should refer to the information and descriptions on the Product Data Sheet.
3. Conclusion of the Contract
3.1. The presentation of the Products on the Website represent an invitation to the Customer to make a contractual offer to purchase and are not an offer to the public.
3.2. The purchase order is sent from the Customer to the Seller by the clicking of the relevant button on the Website to place the order and also contains a clear indication that placement of the order entails the obligation of the Customer to make a payment to the Seller. Purchase orders placed in this way by the Customer constitutes a contractual proposal. The purchase order is governed by these General Terms and Conditions of Sale, which constitute an integral part of the order itself and which the Customer must accept in their entirety before placing the order with the Seller. In particular, the Customer should read these General Terms and Conditions of Sale carefully before proceeding to place the final order for purchase of the Products by clicking on the relevant button mentioned above. Furthermore, the Customer will have the opportunity to identify and correct any errors in the data entered before placing the order as indicated on the Website.
3.3. The Customer's purchase order is accepted by the Seller on receipt of an order confirmation email at the email address provided by the Customer to the Seller when the order was placed. This confirmation will contain a link to these General Terms and Conditions of Sale, a summary of the order, including a description of the characteristics of the Products order, the agreed price and all other information that is mandatory by law. The Customer’s order, the order confirmation from the Seller and the General Terms and Conditions of Sale that apply to the relationship between the Parties will be stored electronically by the Seller in its own computer systems and the Customer may request a copy by writing to: firstname.lastname@example.org.
3.4. When the order is placed, a pre-authorisation will be required on the credit card corresponding to the amount of the order. The amount will be debited only when the goods are shipped.
3.5 In the event of anomalies or irregularities arising from the pre-authorisation and/or payment, the Seller reserves the right not to accept the order or to terminate any contract already concluded, without this granting the Customer any right to request compensation for any damages or file other claims.
3.6. In the unlikely event of the unavailability of the Products ordered, the Seller shall notify the Customer of this situation by email within 48 hours of the order being placed and cancel the order. In such cases, no amount shall be debited to the Customer’s credit card and the Seller shall send a request to release the amount held as pre-authorisation.
3.7. If only part of the Products in one single order are unavailable, the Customer shall receive an email within 24 hours of the order being placed containing the summary of products available that are to be shipped. Only the amount corresponding to the Products that are shipped shall be debited and a request sent for the unused pre-authorisation amount to be released. This is without prejudice to the rights established by law in favour of the Customer, including the right to reject partial fulfilment. If the Customer rejects partial fulfilment, the Seller shall arrange a refund of the amounts due to the Customer, including those corresponding to the delivery of the Product, and shall also bear the costs of returning the Products. In any case, the Customer may at any time contact Customer Services by email at: email@example.com, or by telephone on freephone number (within Italy) 800 017874.
3.8. In the unlikely event of the partial unavailability of the Products with regard to orders totalling over EUR 39.00, the delivery shall in any case be guaranteed to the Customer free of charge as per Article 6.1 below, even if the total for the Products delivered is less than this amount.
3.9. The time frame for recrediting the amounts due to the Customer are beyond the control of the Seller and depend on the time frames established by the banking system. Therefore, once the Seller has requested the release of the pre-authorised amount, in no case may the Seller be held liable for any damages, whether direct or indirect, caused by the delay in releasing the amount.
4. Product Selection and Purchasing Procedure
4.1. The Products shown on the Website may be purchased by selecting those Products of interest to the Customer and adding them to the virtual shopping cart. Once the Customer has finished selecting Products, the individual order can be completed by providing Customer details when prompted, to complete the purchase and enable the contract to be concluded.
4.2. For every order, the Customer will be prompted to follow the purchasing procedure which includes the following sections to be filled in electronically. In the first section there is a form for the Customer to request the invoice by entering the necessary data for electronic invoicing. In the second, the Customer must enter personal and contact details and the delivery address for the Products. The third section relates to the delivery method and relevant time frames and costs. In the fourth section there is a form which can be used for confirming or amending the shipping address (if different from the delivery address).
4.3 Once the aforementioned sections have been filled in, the order is placed by clicking on the relevant button on the Website, by which the Customer confirms that he/she agrees to these Terms and Conditions and the order is sent to the Seller under the terms described in the above sections 3.2. and 3.3. of these Terms and Conditions.
4.4. The Customer ensures that the personal details provided during the purchasing and/or registration process on the Website are complete and true and acknowledges and accepts that, if the information is inaccurate or does not relate to the Customer’s identity, the Seller may be unable to fulfil the order and/or complete the registration. The Customer is liable for the confidentiality of his/her username and password and agrees to safeguard them with the utmost care. In any case, Customers are responsible for all activity carried out on accounts in their own names.
4.5. The Customer therefore undertakes to indemnify and hold harmless the Seller against any damage, liability obligation and/or penalty arising from or in any way connected with the Customer's infringement of the aforementioned rules for registering and/or purchasing on the Site and/or for storing registration credentials.
4.6. By registering on the Website, Customers may make use of the following features:
- create a user profile
- access their own order historyni
- vcheck the status of orders
5. Delivery of Goods
5.1. The delivery methods and times are indicated on the Website, in accordance with the provisions of the Italian Consumer Code and applicable legislation.
5.2 Couriers are not authorised to leave Products unattended. Therefore, if the recipient is not available at the agreed time of delivery, the Seller – also through the courier appointed by the Seller – will attempt to contact the Customer via the telephone number and/or email address provided by the Customer at the time of purchase of the Products, to arrange delivery. Should the second delivery also be unsuccessful because the Customer is unavailable, the Seller will contact the Customer using the contact details provided. If after this contact, it is also not possible to deliver the Products ordered, for reasons that are not attributable to the Seller, 30 days after the date of first shipping, the Seller will assume that the Customer intends to cancel the contract, and this will therefore be considered terminated. As a result of the contract being terminated, the Seller shall return any amounts due to the Customer, including the delivery costs, within 14 days of the termination of the contract.
5.3. Delivery of the Products ordered by the Customer will be through the courier selected by the Seller, as indicated on the Website in the relevant section. If the packaging and wrapping of the Products ordered by the Consumer reach their destination in a clearly damaged state, the Customer is invited to reject the delivery from the carrier/shipper or accept the delivery “with reservations”. This is without prejudice to the application of the legal guarantee of conformity provided for in the Consumer Code for Consumers and the warranty for defects in items sold as established by the Civil Code for Business Customers, both mentioned in Article 8 of these Terms and Conditions below.
6. Pricing, Shipping Costs, Duties and Taxes
6.1. The Product price is that which is shown on the Website with regard to each Product at the time the order is placed by the Customer. Prices are inclusive of all taxes, although they do not include shipping costs, which are shown on the Website and calculated and listed in the final order summary that the Customer is shown before the order is placed. Delivery is free of charge for orders of EUR 39.00 (thirty-nine euros/00) and over.
6.2. Products can only be delivered throughout Italy.
7.1 Payments for Products purchased via the Website may only be made using credit card. The types of credit card that can be used to make payments are shown on the Website. The Customer declares and confirms that he/she is entitled to use the credit card entered on the Website for the purposes of paying for the Products on it. Therefore, the Customer assumes all liability in this regard and undertakes to hold harmless and indemnify the Seller from any injury, damage, liability obligation, cost or expense arising from or in any way connected with the Customer's breach of such warranty.
7.2. As indicated in Article 3.4 above, the sum will be debited to the Customer when the Products are shipped.
7.3. Any refunds due to the Customer for any reason will be credited using the same method of payment used by the Customer for the purchase.
7.4. The Seller may allow other methods of payment, indicating them in the payments section of the Website.
7.5 Where required by the legislation in force, the Seller shall send an email to the address provided by the Customer containing the link to download an analogue copy relating to the purchase made.
8. Seller’s Legal Guarantee
All Products purchased via the Website come with a legal guarantee, the rules of which vary depending on whether the Customer is a Consumer, to whom a legal guarantee of conformity provided for in the Consumer Code applies, or a Business Customer, to whom the warranty for defects in items sold applies, as established by the Civil Code.
The legal guarantee of conformity provided for in the Consumer Code applies to Consumers for the purchase of Products. The Seller is liable to the Consumer for any lack of conformity in the Products sold (as defined in section 8.1.2 below, and always where applicable to the Products) that exists at the time of delivery of such Products and that is apparent within two years of delivery. The reporting of defects in the Products sold shall expire after 26 (twenty-six) months from the delivery of such Products; the Consumer stipulated for the execution of the contract may however assert his/her rights regarding remedies for protection in place under the Consumer Code. . Subject to proof to the contrary, it is assumed that any lack of conformity that becomes apparent within 1 (one) year from the time that the Product was delivered already existed on that date, unless this assumption is incompatible with the nature of the Product (for example, because it is perishable or because it is subject to a shorter expiry date) or with the nature of the lack of conformity (for example, because of slight deterioration due to wear and tear). Damage or faults that were caused by the Consumer and were not the result of a lack of conformity are in any case excluded from the legal guarantee.
8.1.2. It should be noted that, pursuant to Article 129 of the Consumer Code, a lack of conformity exists when one of the following situations occurs:
A. (i) The Product does not correspond to the description, type, quantity or quality in the contract and/or does not have the functionality, compatibility, interoperability and other characteristics as set out in the contract of sale; (ii) the Product is unsuitable for any particular use desired by the Consumer, which has been brought to the attention of the Seller no later than upon conclusion of the contract of sale and which the Seller has accepted; (iii) the Product has not been supplied with the accessories or instructions, including those pertaining to the installation, as set out in the contract of sale; and (iv) the Product has not been supplied with the updates, as set out in the contract of sale.
B. In addition to what is indicated under point A) above, a lack of conformity exists if the following situations occur: (i) the Product is unsuitable for the purposes for which goods of the same type are normally used, taking into account any legal provisions, technical requirements or, where no technical requirements exist, codes of conduct applicable to the specific industry; (ii) where relevant, the Product is not of the quality and does not correspond to the description of a sample or model that the Seller made available to the Consumer at the time the contract was concluded; (iii) where relevant, it is not delivered with the accessories, including packaging, installation instructions or other instructions, that the consumer may reasonably expect to receive; (iv) the Product is not in the quantity and does not have the quality and other characteristics ordinarily present in goods of the same type and which the Consumer may reasonably expect, also in terms of durability, functionality, compatibility and safety, taking into account the nature of the goods and public statements made by or on behalf of the seller or by other persons within previous stages of the commercial transaction chain, including the manufacturer, in particular in advertising or on the labelling.
8.1.3 In the event that there is a lack of conformity, the Consumer may bring this to the Seller’s attention, by sending an email to: firstname.lastname@example.org with details of the defect and/or the non-conformity found, as well as the date it was purchased (attaching the order confirmation submitted by the Seller and/or the tax receipt) or else he/she may contact the Seller on freephone number 800 01 78 74. Once the notification has been received, the Seller shall act promptly to ensure that the Consumer may benefit from the legal guarantee in accordance with the law.
In particular, in accordance with the provisions of the Consumer Code, the Consumer is entitled to the restoration of conformity (through repair, where possible, or through replacement) or, if the Seller is unable to arrange repair or replacement, to receive a discount on the price or the termination of the contract in accordance with the law.
The Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible, also with regard to the nature of the Products or, with regard to the alternative remedy, that it does not impose disproportionate costs on the Seller, taking into account all the circumstances and, in particular, the following: a) the value that the Product would have without the lack of conformity; b) the extent of the lack of conformity; and c) the ability to arrange the alternative remedy without significant inconvenience to the Consumer.
The Seller may refuse to bring the goods into conformity if the repair and replacement are impossible or if the costs to be borne by the Seller are disproportionate, taking into account all circumstances, including those under Article 8.1.3, letters a) and b).
The repair or replacement shall take place, pursuant to Article 135 ter of the Consumer Code: i) at no cost to the Consumer, ii) within a reasonable period of time from the time that the Seller is informed by the Consumer of the lack of conformity, as well as iii) without significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the latter required the goods.
If the lack of conformity must be remedied by repair or replacement of the goods, the Consumer shall arrange to make them available to the Seller, which will take them back at its own expense. The Seller shall promptly notify the Consumer of the means and time frame with which it shall collect the goods, which will in any case be free of charge to the Consumer.
8.1.4. The Consumer is entitled to a proportional reduction in the price or termination of the sales contract in the event that:
a) the Seller has not carried out the repair or replacement, or has not carried out the repair or replacement, where possible, pursuant to the aforementioned Article 135 ter of the Consumer Code, or, in accordance with Article 8.1.3. above, has refused to bring the goods into conformity where repair or replacement is impossible or would entail disproportionate costs; b) a lack of conformity becomes apparent, despite the Seller's attempt to restore the goods to conformity; c) the lack of conformity is so serious as to justify an immediate reduction in price or termination of the sales contract; or d) the Seller has stated, or it is clear from the circumstances, that the goods will not be restored to conformity within a reasonable period or without significant inconvenience to the Consumer.
If a discount on the price is arranged, this shall be proportionate to the reduction in value of the goods received by the Consumer with respect to the value that it would have had if it conformed.
If the Consumer intends to exercise the right to terminate the contract of sale, he/she may do so by means of a direct statement to the Seller stating willingness to terminate the contract. This statement may be emailed to: email@example.com.
The Consumer may terminate the contract with the Seller only for non-compliant Products or with reference to all the Products purchased together with the non-compliant Products, if it is not reasonably expected that the Consumer has an interest in keeping hold of the goods which are not found to be defective.
In any case, in the event that the contract is terminated, fully or partially, the Consumer shall arrange to return the Products that are subject to the termination to the Seller, at the expense of the latter. The Seller shall promptly notify the Consumer of the procedure for returning the goods. The Seller shall refund to the Consumer the price paid on receipt of the Product or of proof provided by the Consumer of having returned or shipped the goods.
The Consumer may not terminate the contract if the lack of conformity is only minor, in that it does not relate to the essential qualities or function of the Product and which does not affect its use.
8.1.5 If the Seller is obliged to refund the price paid to the Consumer, the refund shall be issued, where possible, through the same method of payment used by the Consumer at the time the Product was purchased.
8.2 Business Customers
Products purchased by a Business Customer are covered by the warranty for defects under Articles 1490 et seq. of the Civil Code; the action taken by the Business Customer to make a claim under the warranty for defects expires 1 (one) year after the delivery of the product purchased and the relevant defects must be reported within the terms of Article 1495 of the Civil Code.
9. Liability for damages from faulty products
9.1. With regard to any damages caused to Consumers by Product defects, the relevant provisions of Italian Legislative Decree no. 206/2005 (Consumer Code) apply. For Business Customers, the regulations applicable by the legal system in this regard apply.
10. Right of Withdrawal of the Consumer
10.1. Without prejudice to the cases of exclusion provided for below in section 10.7, The Consumer has the right to withdraw from the contract of purchase within 14 (fourteen) days from receipt of the Product without having to provide any reason and without incurring any costs other than the return of the Products to the Seller, as set out below in section 10.3, in accordance with Article 57, paragraph 1 of the Consumer Code. The right to withdraw policy will be available on the Website at all times. In the case of separate delivery of several Products ordered by the Consumer in one single order, the term of 14 (fourteen) days to exercise the right of withdrawal runs from the day on which the last Product was delivered.
10.2. Within the aforementioned term of 14 days, the Consumer must notify the Seller of its desire to withdraw from the contract via one of the following means:
a) by sending a registered letter with acknowledgement of receipt to: Equilibra S.r.l., Torino, via Plava, 74 (postcode 10135), Italy, Attn. Customer Service, or by email to: firstname.lastname@example.org of the relevant form correctly completed, according to annex I part B of the Consumer code; click here (35,8kB) to download the form to exercise the right of withdrawal,
b) by sending any other statement to the Seller stating the Consumer’s intention to withdraw from the contract. The Consumer may send this statement to the Seller by email to: email@example.com, or by registered letter with acknowledgement of receipt to: Equilibra S.r.l., Torino, via Plava, 74 (postcode 10135), Italy, Attn. Customer Service.
The Seller shall confirm to the Consumer without delay – via the email address provided by the latter at the time of registration or purchase of the Products – that the statement of withdrawal has been received, providing the instructions to arrange for return of the Product(s).
10.3. The direct costs of returning the Products to the Seller will be borne by the Consumer. The Consumer shall arrange to return the Products within 14 (fourteen) days from the date on which the Seller was notified of the decision to withdraw from the contract. The term is respected provided that the Consumer returns the Products within the 14- (fourteen-) day period. Products should be returned to the following address: Equilibra S.r.l., Torino, via Plava, 74 (postcode 10135), Italy.
10.4. The Consumer is solely liable for any reduction in value of the goods resulting from handling of the Products that is in excess of that necessary to examine their nature, characteristics and functioning. The Products must in any case be stored, handled and inspected with normal diligence and returned complete with all their parts, accompanied by all accessories, information sheets, labels and tags.
In addition, the withdrawal applies to the Product in its entirety. Therefore, it may not be used in relation to parts and/or accessories of the Product, or for individual Products that are part of a kit, gift or similar pack that is sold as a unit to the Consumer.
10.5. In the event the right of withdrawal has been validly exercised by the Consumer within the established terms, the Seller shall arrange to refund the Consumer for the entire amount paid for the purchase of the Products, inclusive of the shipping costs originally incurred at the time of the purchase, within 14 (fourteen) days from the date on which the Seller is informed of the Consumer's decision to withdraw from the contract, without prejudice to the right of the Seller to suspend reimbursement until the effective receipt of the Products or until the Consumer has demonstrated to have returned the Products, whichever occurs the earliest.
10.6. The aforementioned refund will be issued using the same method of payment used by the Consumer at the time of purchase of the Product, except where the Consumer has expressly requested a different method of payment by emailing firstname.lastname@example.org.
10.7. Cases of exclusion of the right of withdrawal
Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded in the following cases:
Sealed Products that are not suitable for return for reasons of hygiene or linked to the protection of health and which have been opened after delivery.
10.8 If the Consumer exercises the right of withdrawal, he/she will be entitled to request from the Seller a voucher of equal value to the price paid for the Product to spend on items on the Website, instead of a refund of the price paid for the Product in question and the costs originally incurred for delivery. This right is granted to Consumers with a view to offering a benefit and does not in any way constitute a restriction on the right of withdrawal. In fact, in any event, the voucher shall be issued only following the explicit choice on the part of the Consumer to this effect, while in all other cases – including in the event that the Consumer does not make any choice – the Seller shall issue the refund in accordance with the law, as set out above.
10.9 Business Customers
The right of withdrawal concerns Consumers and, therefore, section 10 above does not apply with regard to contracts concluded with Business Customers.
11. Intellectual Property
11.1. Customers declare that they are aware that: i) accessing the Website and/or purchasing the Products on it does not entitle them to any rights on trademarks that distinguish the Products themselves, and ii) that such trademarks shall remain the exclusive property of their respective owners.
11.2. Full and/or partial reproduction of this website and its contents is prohibited, as is their transmission by electronic or conventional means, their modification or use for any purpose..
12. Customer Data and Data Protection
12.2. The Customer declares and confirms that the data provided to the Seller during the registration and/or purchase process are true and accurate.
13. Applicable legislation, court having jurisdiction and European platform for the extra-judicial settlement of disputes
13.1 Every contract of sale concluded between the Seller and the Customers pursuant to these General Terms and Conditions of Sale shall be governed by and interpreted in accordance with Italian law. In any case, this shall be notwithstanding any rights conferred to Customers by mandatory legal provisions applicable in the State of the Customer.
13.2. For any dispute in relation to the Consumer regarding the validity, efficacy, interpretation or execution of every contract regulated by these Terms and Conditions, the Court in the place where the Consumer is resident or domiciled shall have exclusive jurisdiction.
13.3. Pursuant to Article 14 of EU Reg. No. 524/2013, the Consumer is also informed that, in the event of dispute, he/she may file a claim via the European Online Dispute Resolution (ODR) platform, available to consumers by the European Commission. The platform may be reached via the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng =IT and constitutes a point of access for consumers who wish to settle disputes arising from contracts of sale for goods or services online out of court.
Equilibra s.r.l., with registered offices in Turin, at via Plava, 74, tax code and VAT number 06570290012, Economic and Administrative Index (REA) code TO-798347, email address: email@example.com, freephone number (within Italy) 800 01 78 74.
VISITA I NOSTRI STORE
Piazza Argentina, 1 (Metro Loreto)
Via Barberini, 3 (metro BARBERINI)
Via Po, 30/A
Via Plava, 74