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General
Conditions of Sale to consumers - ShockModel S.r.l.
1.
Introduction
2. Subject-matter of the contract - definitions
3. Customer information
4. How to order
5. Conditions of sale
6. Delivery times
7. Principle of personal responsibility
8. Right to withdrawal
9. Express resolutive clause
10. Handling of personal data
11. Miscellaneous
12. Jurisdiction - competent court – applicable
law
1.
INTRODUCTION
1.1 - The general conditions of sale below apply to contracts stipulated
between ShockModel S.r.l. (hereafter "Shockmodel") and its customers (hereafter
the "Customer/s") through the Internet site www.ShockModel.com, in regard
to the merchandise illustrated on the site itself.
1.2 – The conditions of sale herein apply to all on-line contracts
stipulated as of 12/01/2000.
1.3 - The Customer is obliged to print and keep these general contract
conditions and any other information transmitted to him by Shockmodel.
1.4 - Shockmodel may update or modify these general conditions
at any time. The Customer undertakes to print every updated version of
these general conditions of sale or to store it on another durable medium.
2. SUBJECT-MATTER OF THE CONTRACT - DEFINITIONS
2.1 - An on-line sales contract is defined as a “remote” contract
stipulated by Shockmodel and its Customers directly through Internet,
according to the procedures established by Shockmodel, for the purchase
of goods sold by Shockmodel at a specified price.
2.2 - A Consumer is defined as an individual person who purchases
goods and services for purposes that are not directly related to any commercial
or professional activities, as per the definition provided by Italian
law.
2.3 - Clauses 3.1, lett. g, l; 3.2., lett. a, b; 5.4; 6 and 11.4
of these general contract conditions apply exclusively to Shockmodel Customers
who may be defined as Consumers in accordance with clause 2.2.
In particular,
these general conditions do not apply to any subjects qualifying themselves
as traders. The latter should click on the button provided within the
site.
3.
CUSTOMER INFORMATION
3.1
- When they access Shockmodel’s electronic catalogues, Customers are informed
that:
•a) The product supplier is Shockmodel S.r.l, whose main office is
located at 196 Via Padova, 20132 Milan, Italy
• b) The supplier may be contacted through the following e-mail address
info@shockmodel.com or by fax, at the number (0039) 02/26305248
•c) The basic features of Shockmodel products are the ones specified
in the section “who we are”
•d) The technical contract stipulation procedures are described in
clause 4.1.
• e) Transport charges are specified in clauses 5.9, 5.10 and 5.11.
• f) Payment may be made COD or by credit card, as is better explained
in clauses 5.9, 5.10 and 5.11.
•g) Under Legislative Decree n° 185 of May 22nd 1999, Consumers have
a right to withdraw from this contract, according to the conditions provided
in clauses 8.1; 8.2. and 8.3.
•h) The products featured in Shockmodel’s electronic catalogues are
offered at the conditions and price specified; Consumers will be informed
of any changes by analogous means.
• i) The conditions of sale, as well as any other information that
Shockmodel sends to Consumers, may be downloaded and printed using the
functions provided by the customer’s navigation program.
• j) The languages available for contract stipulation purposes are:
Italian, English, German, French and Spanish.
• k) Legislative Decree n° 185 of May 22nd 1999 will apply to contracts
stipulated with Customers classifiable as consumers.
• l) Personal data will be handled according to the provisions of
clause 10.3.
•m) The personal data of Customers may be disclosed and transmitted
for the purposes described in clause 10.4.
3.2 - After sending their order, Customers will receive confirmation
and on delivery of the products, they will also receive the following:
•a) Information about the conditions and procedures for exercising
the right to withdraw from the contract, as per the provisions of clause
8.
• b) Notification of the geographical location to which they may
apply in order to exercise their right to withdraw, or the e-mail address
info@shockmodel.com
4.
HOW TO ORDER
4.1
- The ordering procedures are as follows:
•I) Customers select the item they wish to buy among the products
listed in Shockmodel electronic catalogs and click on the corresponding
button.
•II) The item purchased will be entered in a special list of items
that the Customers intend to order ("shopping cart").
•III) Customers may approve the list of items selected by clicking
on the “confirm order” button.
•IV) Customers must provide the data requested and, having been informed
of all the relative conditions of sale, express their consent by clicking
on the “send order” button.
•V) The purchase contract pertaining to the goods ordered will go
into effect upon Shockmodel’s acceptance of the order.
•VI) Shockmodel will notify the Customer via e-mail that it has received
the order and shipped the items requested.
5.
CONDITIONS OF SALE:
5.1 - Customer orders will not be accepted if the total purchase
amounts to less than 25,00 Euro, shipping expenses not included. The
shipping expenses specified herein refer to “non-bulky” packages weighing
up to 7 kg. If said limit is greatly exceeded, before confirming the order
we will notify the Customer of the proposed transport charges. For purchases
of over 500,00 Euro (shipping expenses not included), we reserve the
right to request more suitable payment conditions before confirming the
order.
5.2 - The retail prices are shown in Euro and do not include
shipping expenses. · For Italy and all EU (European Union) Countries,
transport charges must be added. · For all other Countries, shipping expenses
will be added at the moment the order is submitted. The import duties
fixed by the local authorities must be paid to the carrier on delivery.
5.3 - If Shockmodel is unable to fulfill the order due to a temporary
or permanent unavailability of items, the Customer will be notified by
e-mail.
5.4 - Shockmodel will undertake to fulfill the order within 10
days of accepting it.
5.5 - If the item ordered is unavailable, Shockmodel will notify
the Customer by e-mail.
5.6 - Shockmodel will have fulfilled the order and thus its contract
obligations at the moment it delivers the goods to the carrier.
5.7 - The Shockmodel products available for purchase are not suitable
for children under 14.
5.8 - The goods are shipped as follows: - if the address provided
is in Italy or the EU (European Union): by Post or courier, at the Customer’s
choice - if the address is outside the EU (European Union): by FEDEX courier
5.9 - Form of payment and delivery in Italy:
· Postal delivery: COD or credit card.
· SDA courier: payment solely by credit card
5.10 - Form of payment and delivery in the EU (European Union),
outside Italy:
· Postal delivery (CAI POST service): payment solely by credit card.
· FEDEX courier: payment solely by credit card
5.11 - Form of payment and delivery outside the EU (European Union):
· FEDEX courier: payment solely by credit card
If the Customer
does not collect the merchandise at the first delivery attempt, he/she
will be liable for all further expenses.
In any case,
Shockmodel represents a third party in the relations between Customers
and carriers.
6.
DELIVERY TIMES
6.1
- As a rule, the merchandise is shipped within 10 working days of the
date on which Shockmodel accepts the order. Should any unforeseen circumstances
arise, the Customer will be notified by e-mail or other means. The carrier
is directly responsible for delivering the goods to the Customer.
7.
PRINCIPLE OF PERSONAL RESPONSIBILITY
7.1
- Underlying the relationship between Shockmodel and Customers is the
principle of personal responsibility, so that whoever has charge of the
computer through which the order is made will bear the responsibilities
deriving from its use.
7.2 - The articles featured in Shockmodel electronic catalogs are
not suitable for children under 14.
7.3 - Customers are obliged to use the items they purchase for
the purpose indicated. If used for different purposes, they could be dangerous.
7.4 - Customers are responsible for ensuring that the items purchased
from Shockmodel are not used by children under 14.
7.5 - Customers must enter true data. It is strictly forbidden
to enter false and/or made-up and/or fictional data, or data of other
persons.
7.6 - Art. 3, clause 4, and art. 4 of President’s Decree n° 224
of May 24th 1988 (Implementing EEC Directive 85/374 on products liability)
applies to all contracts stipulated.
8.
RIGHT TO WITHDRAWAL
8.1
- Any Customers who are Consumers may withdraw from all contracts settled
with Shockmodel, without being subject to penalty, if they send notification
within 10 working days of receiving of items purchased.
8.2 - Customers must send said notification, within the deadline
prescribed in the previous clause (8.1), by means of a registered letter
with advice of receipt addressed to Shockmodel via Padova 196, 20132 Milano,
Italy.
8.3 - In order to withdraw from the contract without penalty, Customers
must ensure the susbtantial integrity of the products to be returned.
8.4 - The procedures for returning merchandise in the event of
withdrawal are as follows:
• the Customer must inform Shockmodel of the method by which the
goods will be transported by sending an e-mail to the address info@shockmodel.com;
•Shockmodel will reply to the Customer, again by e-mail, specifying
the method of transport it deems suitable for preventing damage to the
goods;
•In all cases the goods must be returned in their original packing
container complete with its contents;
• The goods will be considered returned at the moment the carrier
delivers them to Shockmodel’s premises at 196 via Padova, 20132 Milano,
Italy, on behalf of a Customer who has legitimately withdrawn from the
contract.
8.5 - All expenses for returning the goods to Shockmodel will be
paid by the withdrawing Customer.
8.6 - Before refunding the Customer for the amounts paid, Shockmodel
must be allowed the time necessary to check the conditions of the returned
goods. If no irregularities are detected, Shockmodel will provide for
a refund within 30 days of receiving the returned goods.
8.7 - The refund will be made through a postal money order or other
means.
9.
EXPRESS RESOLUTIVE CLAUSE
9.1
- The obligations set forth in clauses 1.3; 1.4; 7.1 and 7.6 are essential
to this contract, as is the guarantee that the payment will be successfully
met by the Customer through the means specified in clauses 5.9, 5.10 and
5.11; any failure to fulfill even one of said obligations will result
in cancellation of the contract under art. 1456 of the civil code. Shockmodel
reserves the right to seek legal reparation for damages.
10.
HANDLING OF PERSONAL DATA
10.1
- In order to stipulate an on-line contract of sale, Customers must enter
all the personal data indicated as being mandatory in the form provided
on the Shockmodel site.
10.2 - Under law n° 675 of December 31st 1996 (Protection of the
Privacy of Persons and other Subjects with respect to the Handling of
Personal Data), Shockmodel, Banca Sella and all carriers (Italian Postal
Service, FEDEX, SDA or others), are independently responsible for the
handling of the personal data gathered by Shockmodel.
10.3 - Customers’ personal data are gathered and used for the following
purposes:
•to allow identification of Customers; - to register Customers in
Shockmodel databases;
•to allow communication with Customers;
•to ensure that the contract with the Customer is duly performed;
•to allow the carrier to deliver the goods to the address provided;
•to compile user statistics and develop any other tools that may
be necessary for the company’s operations;
•and every other purpose tied to the proper management of an e-commerce
company
•to notify Customers of special product offers
•to send information concerning Shockmodel’s activities;
•to send any other kind of information;
10.4 - The personal data must be provided in order to allow identification
of Customers and due performance of the contract. If said data is not
provided, Shockmodel may rightfully reject the order.
10.5 - Shockmodel reserves the right to cancel any contract stipulated
with Customers if the personal data they provide subsequently reveal to
be incompatible with the fulfillment of contract obligations.
10.6 - Customers must not provide Shockmodel with false data or
data of other persons at any time during the contract period. Customers
may not carry out double registrations. Shockmodel will seek legal remedy
for any violations or breaches of this clause.
10.7 - Customers are solely responsible for ensuring the truthfulness
and accuracy of the personal data transmitted to Shockmodel. Customers
will bear all liabilities for any errors in tax documents that are ascribable
to the inaccurate data they have provided.
11.
MISCELLANEOUS
11.1
- Customers are obliged to download the communications transmitted under
art. 4 legislative decree n° 185 of May 22nd 1999 into the hard disk of
their own computer or to print and keep them.
11.2 - By entering their credit card number in the space provided
on the bank payment site, Customers authorize Shockmodel to use their
credit card, or another card issued in its place, in order to debit the
amount due for the on-line purchase and additional costs. The whole procedure
is managed by the provider of the on-line payment system, which uses a
128 bit protected SSL connection that Shockmodel cannot access.
11.3. - According to the provisions of art. 8, clause 2 of legislative
decree n° 185 of May 22nd 1999, any Customers who can demonstrate that
the amounts debited exceed the agreed price or that their credit card
has been unlawfully used to make payments, must submit their claims directly
to the issuer of the credit card.
11.4 - The provisions of legislative decree n° 185 of May 22nd
1999 will apply to the general contract conditions herein.
11.5 - The submitting of an order implies unconditional acceptance
of the conditions of sale.
12.
JURISDICTION – COMPETENT COURT – APPLICABLE LAW
12.1
- Any dispute arising with regard to the application, performance, interpretation
and violation of the purchase contracts stipulated on line through the
site www.shockmodel.com will be subject to Italian law, barring provisions
to the contrary contained in legislative decree n° 50 of January 15th
1992 and/or legislative decree n° 185 of May 22nd 1999.
12.2 - The Court of Milan will be exclusively competent to settle
any dispute arising between the parties with regard to this contract,
except as otherwise established by the provisions of legislative decree
n° 50 of January 15th 1992 and legislative decree n° 185 of May 22nd 1999.
12.3 - This contract is subject to Italian law, unless otherwise
provided under art. 5.2 of the Convention of Rome of June 19th 1980, reiterated
by art. 57 of Law 218/1995.
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