GENERAL CONDITIONS OF SALE
The sale of the Products will take place directly by ELI SRL with headquarters in Civitanova Marche (Macerata - Italy), Via Gobetti n. 118 (VAT No. 01941830430) share capital 200,000.00 Euros (hereinafter “The Company”).
To obtain more detailed information regarding orders, products, shipments and, more generally, purchases, you can contact us by e-mail at the following address: email@example.com
- COMMERCIAL POLICY AND ACCEPTANCE OF GENERAL CONDITIONS OF SALE
- These Conditions of Sale apply exclusively to the distance sale through the website locker-room.it (hereinafter the “Website”) of the Products fully illustrated and described on the Website (hereinafter the “Products”)
- These Terms and Conditions of Sale are posted on the Website for knowledge, storage and reproduction by the Customer.
- The Products are offered for sale and may be purchased exclusively by natural persons of legal age who are acting for purposes that are not part of their commercial, industrial or professional activity (hereinafter “The Customer”) and who are in possession of a valid credit or debit card issued by a bank considered reliable by the Company, or who have a legitimate PayPal account.
- If the Customer does not meet these requirements, the commercial transaction cannot be completed and/or accepted.
- The customer will be responsible for the accuracy of all information provided, and in particular the statements about the possibility of using the credit/debit card to place the order and the availability of funds to cover the value of the entire purchase.
- It is strictly forbidden to resell, rent or transfer for commercial or professional reasons the Products purchased on the Website. Where the Company believes that you are involved in purchasing for resale, it reserves the right to take action against you, including but not limited to restricting sales, cancelling your orders and/or suspending or terminating your account.
- The Company may amend these Terms and Conditions at any time. Amendments shall be effective upon their posting on the Website, it being understood that any Orders already accepted shall continue to be governed exclusively by the General Conditions and Specific Provisions in effect at the time of the finalization of each Order. Therefore, the Customer is invited to accept the General Conditions of Sale in force at the time of purchase.
- These General Terms and Conditions of Sale do not govern the provision of services, nor the sale of Products by parties other than the Company, even in cases where they are presented on the Official Website via links, banners or other hypertext links.
- We advise you, before placing your order and purchasing Products and services from parties other than the Company, to check their terms and conditions of sale, because in no event will the Company be liable for the provision of services by third parties.
- It is understood that, by placing an order online, the Customer fully acknowledges and accepts these General Conditions without reservation.
- All communications to the Customer will be made by the Company to the email address provided by the Customer during registration or during purchase. Any changes to this address by the Customer must be communicated in writing without delay.
- CONFIRMATION OF THE ORDER AND FINALIZATION OF THE PURCHASE CONTRACT
- In order to place an order, a valid e-mail address is required to which any information will be sent.
- You may need to set your browser to enable (functional) cookies and pop-ups so that you are able to use all the features of the Website, which include adding items to your shopping cart and placing your order.
- Placing orders on the Website involves following the steps as below:
- First step: selection of items by the Customer: On the Website, the Customer selects and confirms the quantity of the items he/she wishes to order, the availability of which must be confirmed by the Company. You can only purchase products in the catalog published on the Website which are accompanied by a description of the main features. These items will then be added to the "Shopping Cart". The Customer is responsible for selecting the items of interest.
- Second step: Checking the selected items: The Customer can modify online his/her "Shopping Cart" consisting of the selected items, delete an initially selected item, modify the quantities ordered or add an item. The Customer can cancel the order before completion by leaving the website without having confirmed the order.
- Third step: confirmation of the selected items and confirmation of the order. Once the articles have been selected and confirmed, the Customer:
- If he/she has an account on the Website, can log-in by entering his/her e-mail address (username) and password. The log-in can also be done before selecting the items.
- If he/she does not have an account on the Website, he/she shall enter name, address to which the order will be shipped and billed, and telephone number.
- Prior to the completion of each Order, the Customer will be asked to confirm that he/she has read and accepted the Order. If the Customer does not accept the contents of the Order and/or the General Conditions, the Order cannot be completed.
- The order form will be stored in our database for the period of time necessary to process the Customer’s order and in any case within the terms of the law.
- After successfully executing the payment of the order, the Customer will receive an automatic e-mail at the address from which he/she has logged in.
- This email will not imply acceptance of the Order. Accordingly, no contract will exist between the Customer and the Company until the Order is explicitly accepted by the Company by sending a subsequent email confirming that the Products ordered are available and are in the process of being dispatched.
- Before sending the confirmation of the successful completion of the Contract, the Company reserves the right to decide whether or not to accept orders that do not provide sufficient guarantees of solvency, that are incomplete or incorrect. In this case, the Company will inform the Customer that the contract has not been completed and that it is not following up the order, providing the reasons. Any amounts already paid by the Customer for the order will be refunded.
- NOTICE: Purchase requests from countries not included among those displayed in the "SHIPPING" section cannot be accepted.
- Following the finalization of the contract, the Customer will receive written confirmation of the order to the e-mail address specified, indicating the number and date of purchase, the Product ordered, the price, and the amount paid.
- At the end of the purchase procedure it is advisable to download, save or print all the conditions of the Order including the General Conditions in force at the date of their completion.
- The Customer will be able at any time to monitor the status of his/her Order through the tracking provided by the carrier that will be sent with the email for confirmation of shipment.
- PRICE AND AVAILABILITY OF PRODUCTS
- The essential characteristics of the Products are presented in each product sheet.
- The pictures of the Products, provided for illustrative purposes only, are shown by the Company in the most reliable and complete way. However, the actual Products may not match those shown online due to the Internet browser and monitor used by the Customer.
- All Products have an identification tag attached with a disposable seal. The Customer may not remove the tag and its seal from the Products purchased, which are an integral part of the product. The Company, in case of exercise of the right of withdrawal by the customer, has the right not to accept the return of Products that are devoid of their tag and seal.
- The price of the Products indicated on the Website, including taxes and VAT, is in Euros and will be automatically displayed before the purchase together with any shipping costs.
- The Company reserves the right to change the prices of the Products offered for sale at any time and without notice. The changes will be effective from the time of their publication on the Website, it being understood that the prices in force at the time of the completion of each Order will continue to be applied to the Orders already confirmed by the Customer.
- If, due to technical problems, material errors or other inconveniences, the price shown on the category pages and/or in the Product sheets is lower than the commonly known price of the Product chosen, the Company shall have the right not to confirm the shipment and proceed with an immediate refund of the value of the purchase paid by the Customer without the Customer being able to raise any objection.
- The Customer acknowledges that stocks of Products offered on the Website are limited and that the Company makes no guarantee that any Product will remain in stock.
- Occasionally there may be the non-availability of one or more Products even if they are selectable on the Website. In this case, the Customer will be promptly informed by email from the Company that the Order cannot be processed and that the relevant Order will be cancelled. In this case, no charge will be made to the Customer's credit/debit card.
- In the event that only one or more of the products in the Order are available, the Order will be processed for the part of the products available and the Customer will be charged only the amount corresponding to the products available.
- METHODS OF PAYMENT
- Purchases can only be made by credit/debit card, PayPal.
- The Customer's payment details will be subject to a standard verification check. Therefore, the Products will be shipped only after the Customer's payment details have been verified and only after receiving authorization to debit from the Customer's bank.
- Since credit cards will be subject to verification and authorization by the credit card issuer, the Company will not be responsible for late or non-delivery if such entity delays or fails to authorize payment.
- The actual charge of the payment to the Customer's credit/debit card, including the price for the purchase of the Products and shipping costs (if due), as indicated in the order form, will be made at the time the finally accepted order leaves the Company's warehouses. A confirmation email will be sent to the email address provided by the Customer, with all the relevant information on the order and delivery terms.
- The financial information (for example, the number of the credit/debit card or the date of its expiry) will be forwarded via encrypted protocol to the banks that provide the relevant remote electronic payment services. The credit card data will be managed with the utmost confidentiality directly by the circuit manager. In no case and at no stage of payment will the Company be able to know the information relating to the Customer's credit cards, which will be directly transmitted via secure connection to the Website of the bank handling the transaction.
- The Company will not store such data in any computer archive and therefore in no case can be held responsible for any fraudulent or illegal use of credit cards by third parties at the time of payment.
- This information, moreover, will never be used by the Company except to complete the procedures relating to the purchase made by the customer and to issue refunds in case of any returns of Products, following the possible exercise of the right of withdrawal, or if it is necessary to prevent or report any fraud on the Website to the authorities.
- DELIVERY AND SHIPPING COSTS
- The Products purchased will be delivered to the address indicated by the Customer in the Order, through the courier specifically appointed by the Company.
- Shipping and handling charges will depend on the country to which the goods are to be shipped and the delivery time requested by the Customer.
- A list of shipping and handling rates and delivery times can be found at ______________.
- In particular, we draw the Customer's attention to the fact that, with regard to deliveries to countries outside the European Union, any customs import charges will be borne by the recipient. Therefore, the Customer is invited to contact the customs authorities of his/her country in advance in order to verify the costs and possible import limits.
- Upon receipt of the Products, it will be the Customer's responsibility to check the integrity and presence of any damage to the package that is immediately evident.
- If the package is tampered with or not intact, the Customer must refuse the package and send timely notice to our customer service, otherwise the Customer will lose the ability to enforce his/her rights in this regard.
- Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 7 days of delivery to allow the Company to proceed with the appropriate checks. The above in any case does not affect in any way the right of return or the legal warranty on the product.
- In accordance with Article 61 of the Consumer Code, if the Company fails to deliver the Products within the specified period, the User may ask the Company to deliver the Products within an additional period appropriate to the circumstances. If the additional period expires without delivery of the Products, the Customer may terminate the Contract, without prejudice to the right to compensation.
- RIGHT OF WITHDRAWAL AND REFUND
- The Customer has the right to withdraw from the purchase contract without paying any penalty and without giving any reason, within the next 14 days of receipt of the Products.
- The right of withdrawal may apply only to the Product purchased in its entirety.
- To exercise the right of withdrawal, the Customer must contact the Customer Care by e-mail to firstname.lastname@example.org which will indicate the procedure to be followed and will send the Customer the appropriate form to fill out and the instructions for the shipment of the package.
- Before placing the Products in the original box, the Customer must ensure that the Products are complete with their packaging and accessories and that they are in the same condition in which they were received. If it is determined that the value of the Product has been reduced as a result of use other than to check fit and size, the Customer will be held liable for such reduction in value.
- Whatever the payment method used by the Customer, the refund will be activated by the Company no later than 14 days from the day on which the Company has received the goods. The refund may be suspended until receipt of the goods.
- After receipt of the products, the Company will make the necessary checks on their conformity to the conditions and terms expressed herein. In the event that the checks are concluded positively, the Company will send to the customer, via e-mail, its confirmation of acceptance of the products so returned.
- The refund of the amount will be made using the same means of payment used by the Customer.
- If the checks are not successful, the Company will notify the customer, via e-mail, the existence of a decrease in value of products returned, resulting from failure to comply with the conditions mentioned above. At the same time the Company will communicate the amount that will be deducted from the refund, without prejudice to the possibility, alternatively, for the Customer to re-obtain, at his own expense, the Products in the state in which they were returned.
- Only Products marked with the registered trademark "Enterprise Japan" are offered on the Website for sale.
- The Company does not sell second-hand, irregular or substandard products that are not of the same standard as those offered in the market.
- The Products are covered by a legal guarantee of conformity under Articles 128 and following of the Italian Legislative Decree lgs. 206/2005 ("Consumer Code”). The Company is, therefore, liable to Customers for any lack of conformity existing at the time of delivery of the Products and which becomes apparent within two years from delivery of the Products. In this case, the Customer has the right to restore, without charge, the conformity of the Products by means of repair or replacement or an appropriate reduction in price or termination of the contract in accordance with the terms and conditions set out in art. 130 of the Consumer Code.
- The customer loses these rights if he/she does not report to the Company the lack of conformity within two months from the date on which he/she discovered it.
- In the event that the Customer intends to assert the lack of conformity, he/she must submit the commercial document/invoice of purchase.
- The Customer may not make claims for defective Products if they are the result of a modification made by the Customer or a third party, unless the Customer can prove that the defect existed at the time of delivery.
- If the Company verifies that the alleged lack of conformity does not exist or that there are no conditions for the applicability of the Legal Warranty, this warranty will not apply and all transport costs and expenses related to the verification of the alleged lack of conformity will be borne by the Customer, in which case the Company will notify the Customer.
- CUSTOMIZED PRODUCTS
Pursuant to and for the purposes of Article 59 c), of the Italian Legislative Decree D.lgs 206 dated 6 September 2005 (“Consumer Code”), the right of withdrawal, cancellation or return is excluded in the case of Orders for custom-made or clearly customized Products.
- DISCOUNT CODE
From time to time at the Company's discretion, discount codes may be offered to individual account holders or generic promotional discount codes. Account discount codes may only be applied to purchases made through the account for which a discount code has been offered and registered and for the period of time for which they have been granted, only after the transaction has been completed. Promotional discount codes may be applied in relation to all purchases or specific purchases made through the Website. The procedures and any limitations on the use of discount codes will be communicated by the Company through the same message that will notify the existence of the discount code.
- EXTERNAL LINKS
- APPLICABLE LAW AND JURISDICTION
The contract between the Customer and the Company is governed by Italian law. Any disputes inherent and/or consequent to the Orders and/or to these General Conditions shall be resolved exclusively by the Italian judicial authority, or by the court of the place of domicile or residence of the Customer according to the applicable law.
For any further clarification on these conditions, the Customer may contact the service department of the Company.
- OUT-OF-COURT SETTLEMENT OF DISPUTES
- Given that the Company is always available to seek an amicable solution to disputes that have arisen, please be advised that, in accordance with Article 14 of EU Regulation No. 524/2013 and the resolution on ODR ("Online Dispute Resolution") set forth in Statutory Instrument No. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR disputes arising from the purchase of goods online has been established by the European Commission and is accessible at the following link:
- Through the ODR platform, it is possible to consult the list of ODR bodies, find the link to each of them and initiate an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show