General Terms and Conditions of Sale, effective from 01/08/2024.

FOREWORD

This information is provided for the site https://www.alytude.it/ (Site).

Seller’s data: Alytude Srls Commercio P.iva: 02484640517 C.f.: 02484640517 Via della Fiorandola 18, 52100 Arezzo, info@ alytude.it (Seller).

Art. 1 Scope of application

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If it is made possible by the Website, entering your tax code when making a purchase implies that you are acting as a Consumer within the meaning of Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree No. 206 of 6 September 2005). Please note that a Consumer is a natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or handicraft activity carried out is a Consumer. If the option is given to enter your VAT number (yours or that of a legal person), this implies a purchase in the capacity of ‘Professional’, within the meaning of Article 3(I)(c) of the Consumer Code. A Consumer or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof, has the capacity of Professional. The implications of purchasing in the capacity of Consumer rather than Professional will be described later in this document.

1.3 The terms indicated are working days, i.e. excluding Saturdays, Sundays and national holidays. Images and descriptions on the Site are to be understood as purely indicative. The colours may differ from the actual colours due to the settings of the computer systems or computers you use to view them.

1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext links.

1.7 Before entering into business transactions with such parties, it is necessary to check their terms and conditions of sale.

1.8 The Seller shall not be liable for the provision of services and/or the sale of products by such entries.

1.9 The seller does not perform any control and/or monitoring of the websites accessible through such links.  The seller therefore is not responsible for the content of these websites or for any errors and/or omissions and/or violations of the law by them.

1.10 You are required to carefully read the General Terms and Conditions of Sale as well as all the other information provided by the Seller on the website, even during the purchase process.

1.11 The seller can in no case be held liable towards you or third parties for any indirect incidental, special, or consequential damage.  This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Website or the inability to use it. The Seller cannot guarantee or affirm: (i) that the Website is free of viruses or programs that may damage data; (ii) that the information contained on the Website is accurate, complete, and up- to-date.

1.12 Unless otherwise agreed with the Seller, orders cannot be placed by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.13 The entirety of any content on the webwebsite is the property of the Seller or of third parties. Unless specifically authorised in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Website.

Art. 2 Purchases on the Site

2.1 To make purchases on the Website, you must follow the procedure provided on the Website itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Website.

2.3 You guarantee that the personal information you provide is complete and truthful and you agree to indemnify and hold the Seller harmless from any damage, obligation to compensate,  and/or sanction arising from or in any way connected to the violated of this commitment. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Website access credentials.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any regulatory provisions.

2.5 It is not necessary to accept these General Terms and Conditions of Sale in order to place orders on the Website. In any event, sending the purchase order constitutes acceptance of this document.

2.6 The Seller is the sole counterparty of the user that intends to purchase one or more products through the Website and is therefore (i) the subject to which the user directs their order to accept the offer and conclude the sales contract; (ii) the subject that assumes the pre-contractual obligations arising from the offer towards the user; (iii) the subject that concludes the sales contract with the user, assuming the corresponding obligations and rights. The sales contract concluded via the Website is therefore between the user and the Seller.

2.7 On the Website and in communications with customers relating to the Website, the Seller reserves the right to act under its own trade mark. Therefore, when the Seller’s trade mark or the first-person plural (“We”) is used on the Website and/or in communications with customers relating to the Website, the reference is to the Seller as well as to the Website.

2.8 The seller makes no guarantee that the Website will be continuously operational. In fact, updates to the CMS platform may occur which may imply a temporary suspension of the service. The Seller assumes no liability whatsoever with regard to any type of prejudice or damage that the user may suffer as a result of this circumstance.

2.9 Following your purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) the Seller’s details; (ii) the characteristics of the Product purchased; (iii) the purchase price and any applicable taxes; (iv) any additional charges; (v) the right of withdrawal or its exclusion; (vi) the shipping address; (vii) the means of payment used.

2.10 The colours of the Products on the Website are indicative and may depend on the resolution of the device used by the user. The Seller accepts no responsibility if the color of the Product differs from that expected by the user. Users are invited to contact the Seller in the event of any doubt as to the colour of one or more of the Products on the Website.

Art. 3 Availability of Products

3.1 The Products offered on the Website are limited in quantity. It may therefore it is possible that,  due to multiple users purchasing the same product at the same time, the ordered product may no longer be available after the purchase has been transmitted. The website allows for the ordering of the product that is unavailable at the time of the order submission ( Pre-order).  Before proceeding with the payment, the delivery times will be indicated if they exceed those indicated in the Website FAQs under “delivery times for  pre-orders”. The purchase contract is confirmed when the order reaches the Seller’s server and payment has been successful.  Shipment will occur within 15/20 days from the date of payment of the item requested in the pre-order, unless otherwise specified before the pre-order.

3.2 The website does  not provide information about the availability of the products.  However, you can write to the Seller using the contact details provided in the premise to receive information about the product availability.

3.3 You will be notified if the ordered product is unavailable. In this case, you will be entitled to terminate the purchase contract.  However, before requesting the termination of the contract, please note that the Seller reserves the right to take the following actions:

• If a re-stocking is possible, an extension of the delivery times, offered by the Seller, with an indication of the new delivery period.

3.4 If a refund is requested for the products that turn out to be unavailable, the Seller will make the refund within the maximum of 10-15 days.

3.5 In the event you exercise the right of contract termination, the contract will be terminated. If the total amount due, consisting of the product price, shipping costs, ( if applicable), and any other additional costs resulting from the order ( Total Due Amount), has already been paid, the Seller will refund the Total Due Amount as per the provisions of the “Payment Methods” article below.

Art. 4 Prices

4.1 On the Website, prices include VAT.

4.2 In addition, prices on the Website also include the RAEE fee, where applicable. You are invited to contact the Seller using the details provided in the premise for information on how to find out how the Product you have purchased can be handled free of charge.

4.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price indicated on the Website at the time the order is placed and that no account will be taken of any variations (whether increases or decreases) subsequent to the transmission of the order.

4.4 You shall bear the shipping costs of the Products only in the event of return and where specifically indicated. In the event of a purchase or size change, no shipping costs shall be charged to you.

4.5 The Seller will ship the Products only after having received confirmation of the payment authorization or the successful credit of the Total Amount Due. Ownership of the products will be transferred to at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products, for reasons not attributable to the Seller, shall pass to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

4.6 The purchase contract is terminated if the Total Amount Due is not paid. Unless otherwise agreed upon in writing the order shall be cancelled accordingly.

4.7 If there is an error in the price of the Product indicated on the Website, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this scenario, the customer may either accept the new price or cancel the purchase contract. The Seller may also terminate the purchase contract agreement in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Art. 5 Terms of Payment

5.1 This article describes the payment methods available on the Site.

5.2 You may purchase on the Website by means of payment cards. The charge will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the user’s identity (in order to meet this criterion, the user must be registered on the Website at the time of the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Website. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. The Vendor therefore never has access to and does not store, even if you choose to store such data on the Website, the accepted payment cards are listed on the product page for each item sold on the website and during the purchase process.

• Visa
• American Express
• Paypal
• Apple Pay
• Google Pay

5.3 On the Site it is also possible to pay by bank transfer.

5.4 Purchases via cash on delivery are not available on the Website unless agreed to with the seller.

5.5 If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Website. Each discount code can only be used for a single  purchase. Under no circumstances may discount vouchers be converted into money.

5.6 Any alternative arrangements other than those set out above are or will be described in this Article.

It is also possible to make purchases on the Site using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore cannot access or store in any way the payment card data associated with your PayPal account or any other payment instrument linked to that account.

5.7 In accordance with the provisions of Legislative Decree No. 26 of 7 March 2023, the prices published on the Website have not been personalised on the basis of automated decision-making. The prices displayed on the Website are therefore not influenced by the consumer’s previous behavior.

5.8 In the event of a price reduction, for technical reasons the Website is not able to indicate the lowest price applied to the general public during the 30 days preceding the application of the price reduction. For further information on price change policies, you are invited to contact the Seller at the references indicated in the Premise.

5.8 In the event of a price reduction, for technical reasons the Site is not able to indicate the lowest price applied to the general public during the 30 days preceding the application of the price reduction. For further information on price change policies, you are invited to contact the Seller at the references indicated in the Preamble.

Art. 6 Delivery of Products

6.1 The delivery of the Products is provided for national and international territory. The user can read more information by accessing the dedicated section on the Site. The user can access this section directly from the footer of the Site. In the event of any inconsistency between what is indicated herein and what is described in the Shipping section, the latter section shall prevail.

6.2 The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the Product to you.

6.3 Delivery time of the Products from time the order is sent: 4-20 days.

6.4 The term indicated in Article 6.3 is to be understood as indicative and not mandatory. The Seller therefore reserves the right to deliver the Products within the term of 30 days of the order being sent. It is up to you to check the condition of the Product delivered. While the risk of loss or damage to the product due to causes not attributable to the seller is transferred when you or a third party designated by you and different from the carrier takes material possession of the product, the Seller recommends that you check the number of the products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials.  In your best interest, you are encouraged to note any anomalies on the carrier’s delivery document, accepting the package with reservations. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting the delivery of the Products at a “pick-up point”, the Seller informs you that the Site does not offer the possibility of collecting the Product at a “pick-up point” other than the address that you communicated during the purchase process. You are nevertheless invited to regularly access the Site to check whether this delivery option is subsequently made available on the Site.

6.6 You acknowledge that collecting the Product is your specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase agreement and to claim compensation for any damage suffered as a result of the failure to collect the Product.

Art. 7 Right of Withdrawal

7.1 The user is urged to pay particular attention to this Article, which regulates the right of withdrawal.

7.2 The right of withdrawal is the consumer’s right to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.

7.3 If you qualify as a consumer (and if no exceptions in this Article apply), you are entitled to withdraw from the Product purchase contract without giving any reasons and without incurring any costs other than those provided for in this Article within a period of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. For this purpose, you may write to the Seller at the contact details indicated in the premise. You will have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products shall be the Consumer’s responsibility, as is the liability for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller’s operational headquarters indicated in a, or to the different address communicated by the Seller when accepting the return. The Withdrawal Period expires after 14 days:

• in the case of an order for a single Product, from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the Products;
• in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last Product;
• in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last lot or piece.

7.4 If the cancellation is applicable, the Seller will  refund the Total Amount Due within 15 working days from the day of acceptance of the return communicated by the back-office team, deducting the shipping costs which. in case of return, are always at the expense of the Customer. The refund will be made using the same payment instrument used for the initial transaction. The Consumer shall only be liable for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product shall in any case be stored, handled and inspected with care and returned intact, complete in all its parts, fully functional, complete with all the accessories and instruction sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as no signs of wear or dirt. The right to withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it shall not result in the termination of the contract and, consequently,  not entitle the Customer to any reimbursement.

If the right of withdrawal applies, the Products must be returned to the address communicated by the Seller.

7.5 This Article regulates a very important area concerning the costs of return in the event of withdrawal.

In light of the above, the Vendor deems it appropriate to point out to you that the costs of returning the Product will be your responsibility.

Article 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it only applies to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years from the date of delivery. The action for defects that have not been fraudulently concealed by the Seller shall, in any case, be time-barred within a period of twenty-six months from the delivery of the goods.

8.3 Unless proven otherwise, it is assumed that the conformity defects that become apparent within the twelve months from the date of delivery of the product already existed at that date unless assumption is incompatible with the nature of the Product or the nature of the conformity defect.  Starting from the twelfth month after delivery of the Product, it is the Consumer’s responsibility to prove that the conformity defect existed at the time of the delivery.

8.4 In the event of a lack of conformity of the goods, the Consumer shall be entitled to the restoration of conformity, or to receive a proportional reduction in the price, or to the termination of the contract on the basis of the conditions laid down in Article 135-bis et seq. of the Consumer Code.

8.5 The Seller shall not be liable in the event of damage, of whatever nature, resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer’s instructions, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

8.6 If you made the purchase as a Professional, the preceding paragraphs of this Article do not apply. In this case, the legal guarantee is governed by Art. 1490 et seq. of the Civil Code; in particular, the time limit for reporting any defects is 8 days from their discovery and the action is prescribed in 1 year from delivery.

Art. 9 Manufacturer’s Warranty

The Manufacturer’s Warranty is an additional warranty to the Legal Guarantee of Conformity that the Seller may provide on the Products. Except as may be indicated on the Website, Products sold on the Website are not covered by the Manufacturer’s Warranty. You may, however, assert your rights under the Legal Guarantee of Conformity governed by the previous article.

Art. 10 Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 The application of more favorable and mandatory provisions of the law of the country in which the Consumer has their habitual residence is reserved for Consumers who do not habitually reside in Italy.  It is recalled that for Consumer’s any disputes related to the application, execution and interpretation of this document fall under the jurisdiction of the court where the Consumer resides or has elected domicile.  For Professionals, any disputes related to the application, execution and interpretation of this document fall under the jurisdiction of the court where the Seller is headquartered, as provided in the introduction.

10.3 The Seller informs you as a Consumer that, in the event that you have submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arising, the Seller shall provide you with information on the Alternative Dispute Resolution (ADR) body or bodies for the out-of-court resolution of disputes arising from the contract concluded based on the General Terms of Sale ( ADR bodies), specifying whether or not the Seller intends to use such bodies to resolve the dispute.

10.4 The seller also informs the consumer that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted the following address  at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can consult the list of ADR entities, find the link to the Website of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.

10.5 In any case, the Consumer has the right to take legal action in the competent court for disputes arising from these General Terms of Sale, regardless of the outcome of the out-of-couth settlement procedures regarding consumer relationships, by resorting to the procedures provided in Part V, Title II-bis of the Consumer Code.

Consumers  residing in an EU member state other than Italy, may access the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, execution and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed, excluding interest, fees and expenses,

EUR 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

Art. 11 Customer Service

11.1 You can request information, send communications, request assistance or submit complaints by contacting the Seller at the contact details provided in the introduction or by using the contact form on the Website.

11.2 The Seller shall respond within an approximate time of 2 days.

Art. 12 Reviews

12.1 In accordance with  Legislative Decree No. 26 of 7 March 2023, the Website informs you that no tool allowing users to publish reviews is implemented on the Website.

12.2 However, you are invited to access this article on the occasion of future purchases in order to check whether a tool has been implemented on the Site that allows users to publish their own reviews referring to purchasing experiences on the Site.

Art. 13 Miscellaneous

13.1 This document governs in its entirety the relationship between you and the Seller. The rights and obligations provided for by the law applicable from time to time shall remain unaffected.