Italiano
1. General Provisions
1. 1. These general terms and conditions of sale (hereinafter referred to as "GCS") govern exclusively the commercial relations between the company Elettromeccanica Val di Sangro S.r.l, abbreviated as EVS, ( tax code and VAT number 02417320690 ), with registered office in Casoli, Via Selva Piana 56 (hereinafter, also the "Company" and "EcoElettroStore") and its customers ( hereinafter, the "Customer(s)") for any supply of products ( hereinafter, the "Product(s)") offered through the division known as EcoElettroStore. The Company reserves the right to adapt or amend the GTCS at any time, specifying that the applicable GTCS are those in force on the day of the order. Any order placed with the Company implies the Customer's full adherence to the GTCS, which take precedence over any other conditions, except those expressly agreed in writing between the Company and the Customer.
1.2. The order placed by the Customer on the website https://ecoelectrostore.it and sent by the same to the Company constitutes acceptance of the GTCs.
1.3. No order may be sent unless the Customer has previously and expressly indicated that he/she has read and accepted the GTC.
1.4. The rules set forth in Section II, distance contracts of Legislative Decree no. 206/2005 ("Consumer Code") shall also apply to purchases, depending on the type of Customer.
2 Ordering Products
2.1. The Customer's order is considered final.
Ordering the Products
2.1. The Customer's order shall be considered definitively accepted and binding for the Company only following the simultaneous issuance and sending to the Customer by EcoElettroStore of the relative order confirmation or, in the absence thereof, at the moment in which the Products are delivered to the Customer.
2.2. Any change in the order shall only be possible with the prior written consent of the Company. In the absence of express written consent, orders regularly issued by the Customer cannot be cancelled and orders regularly accepted by the Company cannot be cancelled.
2.3. The photographs or graphics of the Products are to be considered merely indicative of the presentation of the Products and may not coincide with the actual Products.
Likewise, the additional information on the Products present on the site are purely indicative and provided for purely commercial purposes, as communicated by the manufacturer or supplier, who will remain solely responsible for their content.
2.4. The offer of Products is valid exclusively within the limits of available stocks. The Company shall not be liable in any way for the temporary or permanent unavailability of one or more Products. In the case of material unavailability of Products at the time of shipment to the Customer, the Company undertakes not to charge the Customer the corresponding price or to have the amount corresponding to unavailable Products credited as soon as possible.
2.5. The Company recognises on all purchased Products the legal guarantee of conformity pursuant to articles 128 to 135 of the Consumer Code in the event that the purchase is made by a consumer Customer; in the event that the Purchases are made by a professional Customer, the other guarantees provided by law and by the Civil Code shall apply.
3. Disputes and complaints
3.1. Except in the case of a contract concluded with a Customer acting in the capacity of consumer, any complaints relating to flaws or defects or non-conformities of the Products, for whatever reason, must be received exclusively in writing by registered letter with return receipt or PEC, and peremptorily, under penalty of forfeiture, within the peremptory term of 8 days from delivery or discovery. Complaints lacking suitable justification and/or without supporting documentation cannot be taken into consideration by EcoElettroStore.
Similarly, complaints shall not be considered if they relate to unspecified technical characteristics or are not relevant to normal use.
3.2. In the case of missing Products, the Customer has three calendar days from delivery of the package to make a complaint by writing to info@ecoelettrostore.it. After this period has elapsed, the complaint will not be upheld.
3.3. EcoElettroStore guarantees that the Products will be free from defects, flaws or deformities for a period of up to 12 months from the date of delivery. This guarantee is limited to defects or faults or deformities that become apparent before the expiry of the guarantee period, i.e. within 12 months from the date of delivery. The guarantee shall be excluded and shall be ineffective if the Company has not received due notice of the claim in the manner and within the terms indicated by the laws in force. Any other guarantee, including those provided for by law, shall be deemed excluded. The guarantee is valid and operative if the product has been correctly installed and/or used in accordance with the manufacturer's prescriptions.
3.4. The guarantee is in any case excluded
- when the use of the Product is subject to adaptation or special assembly, unless the adaptation or special assembly has been expressly indicated in the order that has been accepted by the Company and has been carried out under its supervision and control;
- when the Product covered by the guarantee has been disassembled, modified or repaired by a third party;
- when the damage is caused by wear and tear of the Product due to lack of maintenance or lubrication, or by negligence, inexperience or fault in use, or by improper use.
3.5. EcoElettroStore does not provide any form of guarantee or assistance and accepts no responsibility, even indirectly, for the application or installation of the Products and Services sold that the Customer has made or declared to make, for the failure or inadequate functioning of the Products and for consequential damage, including indirect and/or collateral damage caused by the Products or connected to the Services.
3.6. In any case, the Customer's right to compensation for damages shall be limited to a maximum amount equal to the value of the Products with defects or faults, promptly reported.
3,7. The Customers are obliged to take note of the manufacturer's instructions and of any other information attached to or on the Product or its packaging. Installation and use of the Products is at the full responsibility of the Customer.
3.8. The Company shall not be liable to the Customer in the event of total or partial non-performance or delay if such non-performance or delay is due to the occurrence of an event of force majeure as defined in civil law and case law, such as a natural event, lightning, earthquake, fire, flood or extreme weather conditions, war, insurrection riot, civil commotion, act or threat of terrorism, strike, lock-out, industry action or dispute (affecting the Company's business), diminution or unavailability of supply of the Products, change in the law applicable to the Products or Services or any other event or circumstance beyond the Company's control.
3.8.1. By express agreement of the parties, strikes of the Company's personnel or its subcontractors, shortages of personnel of the Company or its subcontractors in particular hauliers, breakdowns and temporary interruptions from work of the Company's personnel or its subcontractors or suppliers conventionally constitute force majeure events.
3.8.2. In the event of events of force majeure lasting more than 10 days, the Company shall have the option of cancelling orders and withdrawing from the relevant contracts with 5 days' notice, to the exclusion of any compensation or payment of indemnity.
4. Delivery and Transport
4.1. The delivery terms communicated to the Customer are to be intended as indicative, non-essential and non-binding. No responsibility or indemnity of any kind may be borne by EcoElettroStore for delays or non-deliveries due to force majeure. Similarly, no liability or compensation for damages or penalties of any kind may be imputed to and borne by EcoElettroStore for delays in production or deliveries by the Company's supplier or for delays on the part of the forwarding agent or the company in charge of transport.
4.2. At the time of delivery the Customer must check with the carrier or courier the quantity and good condition of the products delivered. In the event of damage or missing items, the Customer shall
- state clearly and precisely the damage to the delivered products or the missing items;
- formalise the complaint within 8 days of delivery by registered letter with return receipt or PEC to the courier and/or carrier with a copy also sent to the Company.
In the event of failure to comply with these fulfilments, the Customer shall not be entitled to any compensation.
4,3. EcoElettroStore reserves the right to dispatch orders in several instalments and in partial quantities.
4.4. The products travel at the risk and peril of the Customer even if sold carriage paid.
It is the Customer's responsibility to check upon receipt, the quality, weight and dimensions of the Products delivered and in the event of damage or missing items he/she must proceed according to the previous point. In the case of direct delivery by the Company, the customer must report any damage or defects to the person making the delivery.
4.S. The Customer releases EcoElettroStore from any responsibility regarding the delay in delivery, damage, deterioration and loss of the Products from the moment of their delivery to the place of destination or in the hands of the persons authorised to pick them up or in cases of delivery to places that are not manned or guarded by the Customer himself.
5. Returns
5.1 In general, Products sold are not replaced or exchanged. EcoElettroStore in any case reserves the right to accept returns of materials sold. Any returns of products must be expressly and previously authorised by the Company. In any case, returns of goods shall not be accepted after 14 days from delivery. In the event of return authorisation, the products must be in perfect condition in terms of functional and aesthetic integrity and complete with original packaging and the Company shall communicate the conditions and devaluation of the return with respect to the purchase price.
5.2. Under no circumstances is it possible to reject the goods ordered at the time of delivery; this circumstance shall not be considered as application of the right of return, but as breach of contract. Returns may only be made in the manner set out above.
6. Diritto di recesso
6.1. Ai sensi di quanto previsto dall'art. 52 del Codice del Consumo, il consumatore (ossia la persona fisica che acquista la merce per scopi non riferibili alla propria attività professionale), ha diritto a recedere dal contratto di acquisto per qualsiasi motivo, senza necessità di fornire spiegazioni e senza alcuna penalità.
6.2. Per esercitare tale diritto, il Cliente dovrà inviare alla Società, all'attenzione della divisione EcoElectroStore, una raccomandata A/R indirizzata presso Via Veiove - 66041 Atessa (CH), ovvero una PEO al recapito info@ecoelectrostore.it, entro 14 giorni solari dalla data di ricevimento della merce.
6.2.1. Pervenuta la comunicazione di recesso, il Servizio Clienti di EcoElettroStore provvederà immediatamente a comunicare al Cliente, via e-mail e telefonicamente ( ai recapiti indicati dallo stesso Cliente) le modalità per il recupero del Prodotto.
6.2.2. In ogni caso, il Cliente dovrà restituire il Prodotto entro il termine di 10 giorni lavorativi.
6.3. The right of withdrawal is however subject to the following limitations
- it only applies with reference to the purchased Product in its entirety;
- it is not possible to exercise withdrawal on individual parts of the purchased Product (e.g.: accessories, attached software, etc. .... );
- the purchased Product must be intact and returned in its original packaging, complete in all its parts (including any documentation and accessory equipment: manuals, cables, etc.);
- it is not possible to exercise withdrawal on sealed Products once opened (e.g.: packaged plates);
- Products not handled by the EcoElectroStore warehouse and generally marked "Available in 1 or Working Days" cannot be returned as they were purchased specifically for the Customer
- it is not possible to exercise withdrawal on Products subject to installation and already installed by the customer (e.g. air conditioners, water heaters, boilers, motors or automation components for gates, inverters, etc.)
- it is not possible to exercise withdrawal on Products customised at the Customer's request (e.g. metric cables)
- it is not possible to exercise withdrawal on Products purchased with the 4 % and 10 % tax concessions;
- the right of withdrawal does not apply in the event that the Product is picked up at the shop with payment at the same time (Pick&Pay); in this case, the transaction shall be deemed to be defined as the issuance of the receipt or invoice, following a mere booking made online, and not an online or mail order transaction.
6.5. Return shipping costs shall be borne by the Customer.
6.5.1. The outcome of the shipment, until the certificate of receipt at the EcoElectroStore warehouse, is under the full responsibility of the Customer. The Company shall not be liable, in any way whatsoever, for damage or theft/loss of Products returned by uninsured shipments.
6.5.2. In case of damage to the Product returned during transport, EcoElectroStore shall notify the Customer (within the working day following receipt of the goods at its warehouses), in order to allow it to file a timely complaint against the courier and obtain reimbursement of the value of the Product (if insured); the return will be cancelled and the Product will be returned to the Customer, with shipping costs charged to the same.
6.S.3. Upon arrival at the EcoElectroStore warehouse, the Product will be examined to assess any damage or tampering not resulting from transport. Should the original internal packaging be damaged, the Company shall deduct from the refund due a percentage equal to 10%, as a contribution to the costs of restoring the Product.
6.S.4. Without prejudice to any Product restoration costs, EcoElectroStore shall refund the Customer the full amount already paid, within 15 days from the date of return of the Product to the warehouse. It shall be the responsibility of the Customer to promptly provide the bank details of the current account to which the refund amount will be credited.
6.6. The Customer loses the right of withdrawal for lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where EcoElectroStore ascertains
- the lack of the original outer/inner packaging
- the absence of integral elements of the product (accessories, cables, manuals, parts, ... );
- damage to the product for causes other than its transport;
6.7. In the event of forfeiture of the right of withdrawal, EcoElectroStore will return the purchased Product to the sender, charging the sender for the shipping costs.
7. Personal Data
7.1. In relation to the activities committed to the execution of the contract, the Customer shall provide its personal data and those required by specific regulatory provisions and the parties, each for that of its own competence, shall comply with the provisions of Legislative Decree no. 196/2003 (Privacy Code), EU Regulation 2016/679 (G.D.P.R.), as well as any other provision of law or regulation or provision of the Guarantor Authority on confidentiality.
7.2. Each party undertakes to adopt appropriate and suitable technical and organisational measures to guarantee the security of personal data, in particular their confidentiality, integrity and availability. To supplement the provisions of this clause, in relation to the collection and use of personal data, the privacy policy on data protection available on the website https://ecoelectrostore. it shall apply.
8. Applicable law and competent court
8.1. The GTC and any commercial relationship shall be governed by and construed in accordance with Italian law.
8.2. For any dispute concerning the interpretation, fulfilment or execution of the commercial relationship between the parties, the Court of Lanciano (CH) shall have exclusive jurisdiction, without prejudice to the Court of the Consumer.
8.3. The European Commission guarantees consumers the possibility of resolving, on computer platforms designed for this purpose, disputes in connection with online purchases of products, pursuant to Article 14(1) of the Online Dispute Resolution (ODR). On the http://ec.europa.eu/consumers!odr platform, it is possible to attempt an out-of-court settlement of disputes that have arisen.
9. Final Provisions
The Customer declares that he/she has read and fully accepts the above Terms and Conditions. With reference to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares having read and specifically approved the following articles, in each of their paragraphs: 3 (Disputes and complaints)
6 (Right of Withdrawal); (Applicable Law and Jurisdiction).