GENERAL CONDITIONS
We invite you to carefully read these General Conditions of Sale before making any purchase. By making any purchase you fully accept these General Conditions of Sale.
Index:
Article 1 - Definitions
Article 2 - Identity of the seller
Article 3 - Entry into force
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Foreclosure to the right of withdrawal
Article 9 - Price
Article 10 - Conformity and guarantee
Article 11 - Supply and implementation of the contract
Article 12 - Transactions with extended duration: duration, term and extension
Article 13 - Payment
Article 14 - Complaint procedures
Article 15 - Different or alternative agreements
Article 1 - Definitions
The following definitions apply in this regulation:
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Withdrawal period: period in which the customer can use his right of withdrawal;
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User: the real person who, outside of any professional or professional role and who remotely comes into contact with the seller;
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Day: working day;
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Extended duration transaction: a distance contract that refers to a series of products and / or services, according to which the obligation to supply and / or purchase is spread over a period of time;
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Durable means: any means that allows the user or the seller to store information concerning him in order to facilitate future relationships and to reproduce the stored information in an unaltered way;
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Right of withdrawal: the possibility for the user to renounce the contract within the time provided for the withdrawal;
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Seller: the legal person who offers products and / or services to the remote user;
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Distance contract: a contract within which distance communication techniques are used within a structure organized by the seller for the distance sale of products and / or services starting from the moment the contract is concluded;
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Remote communication technique: means that can be used to conclude a contract, without the user and the seller being in the same place at the same time.
Article 2 - Identity of the seller
Seller's name: Trade & More snc
Commercial name: Trail & Mountain
Registered office: Via Cento, 8 / D - 44124 Porotto - Ferrara - Italy
Store Address: Via LV Beethoven, 19 / C - 44124 Ferrara - Italy
Telephone number and times at which the seller can be contacted by phone:
Monday - Friday (9: 00/13; 00 - 15: 30 / 19.30):
E-mail address icebug@tradeandmore.it
Chamber of Commerce registration number: FE218574
VAT number: IT02015280387
Article 3 - Entry into force
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These general terms and conditions will be applied to every offer made by the seller between the user and the seller.
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Before concluding a distance contract, the text of these general terms and conditions will be made known to the consumer. If this is not possible, the seller will indicate, before the conclusion of the distance contract, that the general terms and conditions are available to be inspected by the consumer even at his home and that they will be sent free of charge to the consumer, as quickly as possible, on consumer request.
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If the distance contract is concluded electronically, then, contrary to what was said in the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, so that the consumer can easily copy them onto a durable medium. If this is not possible, then before concluding the distance contract, the seller will indicate where the general terms and conditions can be read electronically and that if requested they will be sent to the consumer free of charge, electronically or in any other way.
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In the event that terms or conditions apply to specific products or services in addition to these general terms and conditions, between the second and third paragraphs applicable by analogy, the consumer can request to apply the condition that is most favorable to him in case of incompatible terms and conditions.
Article 4 - The offer
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If an offer is valid for a limited period or whose validity depends on particular conditions, this must be explicitly written in the offer.
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The offer contains a complete and accurate description of the product and / or service offered. The description is sufficiently detailed to allow the consumer to make a complete evaluation of the offer. If the seller uses illustrations, these must be a real reproduction of the product and / or service offered. The seller is not bound in the event of obvious errors in the offer.
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Each offer will contain sufficient information to clearly explain to the consumer what rights and what charges are expected from the conclusion of the contract. This includes in particular:
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the price, including taxes;
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all shipping costs;
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how the contract is to be concluded and what actions are required;
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if and when the right of withdrawal is applicable;
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the method of payment, delivery and implementation of the contract;
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the period for accepting the offer or the period for which the seller guarantees the price;
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the size of the distance communication tariffs and the costs of using this communication technique on other bases than the calculation of the standard tariffs for that type of communication technique;
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if a contract is entered into following its conclusion and how the consumer can have access to it;
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the way in which the consumer can obtain information regarding the data communicated during the contract and how he can modify it before the contract is concluded;
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the languages ​​in which, in addition to Italian, the contract can be signed;
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the behavioral code to which the seller is subject and the way in which the consumer can consult these behavioral codes electronically;
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the minimum duration of the distance contract, in the case of a contract that provides for the continuous or periodic supply of products or services.
Article 5 - The contract
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The contract will be concluded, subject to what is written in paragraph 4, when the user accepts the offer and the conditions contained therein have been fulfilled.
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If the user has accepted the offer electronically, the seller will immediately confirm the receipt of acceptance of the offer electronically. The user can terminate the contract until the seller has confirmed acceptance.
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If the contract is concluded electronically, the seller will take appropriate technical measures to ensure the electronic transfer of data and ensure a secure electronic environment. If the user can pay electronically, the seller will take electronic security measures.
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The seller may obtain information - within the legal framework - on the user's ability to meet his payment obligations, as well as on facts and factors that are important for the responsible conclusion of the distance contract. If that search gives the seller serious reasons to decline the conclusion of the contract, then he has the right, supported by these reasons, to refuse an order or to bind him to the implementation of special conditions.
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Together with the product or service, the seller will send the following information to the user, in writing, or otherwise so that the user can store it on a durable medium:
to. the address of the seller's operating office where the user can lodge complaints;
b. the conditions under which the user can make use of the right of withdrawal and the method for doing so, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the data contained in chapter 4, paragraph 3, of these conditions, unless the seller has already done so before concluding the contract;
is. the requirements to conclude the contract, if the duration of the contract is greater than 1 year or indefinite.
6. In the case of a contract with an extended duration, the stipulation, as per the previous paragraph, applies only to the first delivery.
Article 6 - Right of withdrawal
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By purchasing products, the user has the possibility to withdraw from the contract, without giving explanations, for 14 days. This period starts from the day after delivery of the product to the user's home or one of its representatives previously established by the user and communicated to the seller.
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During this period the user will treat the product and its packaging with care. He will open the product and use it only to be able to evaluate whether he believes he wants to keep the product. If you wish to use your right of withdrawal, then you will return the product to the seller, with all its components, and - as far as this may be possible - with its original packaging, according to the instructions clearly given by the seller.
Article 7 - Costs in case of withdrawal
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If the user exercises his right of withdrawal, he will be responsible, at least, for the costs of returning the product.
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If the user has already paid an amount, the seller will refund it as quickly as possible, at the latest within 30 days after the goods have been returned or after the withdrawal.
Article 8 - Foreclosure from the right of withdrawal
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The seller may preclude the right of return to the user as described in paragraphs 2 and 3 of this article. The foreclosure to the right of withdrawal is valid only if the seller has clearly stated this option at the time of the offer, or at least in advance of the conclusion of the contract.
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Foreclosure from the right of withdrawal is only possible in the case of goods:
a) that was created by the seller in compliance with the consumer's specifications;
b) which is clearly of natural value;
c) that cannot be returned by its very nature;
d) that quickly decays or becomes obsolete;
e) that the price of the same is subject to fluctuations on the financial market over which the seller cannot exercise any influence;
f) for individual newspapers or magazines;
g) for audio or video recordings and software programs, to which the user has broken the seal.
3. The foreclosure to the right of withdrawal is possible for services only if:
a) relating to accommodation, transport, catering or recreational activities to be performed on a particular date or during a specific period;
b) the supply of the same begins, with the explicit consent of the user, before the time to withdraw has expired;
c) relating to bets or lotteries.
Article 9 - The price
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During the period of validity indicated in the offer, the prices of the products and / or services expressed in the offer will not be increased, except for possible variations in the VAT rate.
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Contrary to the previous paragraph, the seller could offer goods or services at variable prices, in cases where these prices are subject to fluctuations on the financial market over which the seller cannot exercise any influence. The offer should refer to this paragraph and to the fact that all prices shown are recommended prices.
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Price increases within 3 months of the conclusion of the contract are allowed only as the result of legal regulations or special clauses.
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Price increases within 3 months from the conclusion of the contract are allowed only if the seller stipulates it or:
a) are the result of legal regulations or special clauses;
b) the user is authorized to conclude the contract on the day on which the increase takes place.
5. The prices indicated in the offer of goods and / or services is inclusive of VAT.
Article 10 - Conformity and guarantee
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The seller guarantees that the products and / or services meet the contract, the specifications of the offer, the reasonable requests for reliability and / or the legal clauses and / or national regulations existing on the date the contract was concluded. If agreed, the seller also guarantees that the product is suitable for other uses than the standard ones.
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The warranty offered by the seller, manufacturer or importer does not affect the legal rights or claims that the user, following the contract, can assert against the seller.
Article 11 - Supply and implementation of the contract
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The seller will take the utmost care when receiving orders for products and also in evaluating the services suitable for shipping them.
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The place of delivery is believed to be the address that the user makes known to the company.
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Considering what is said in paragraph 4 of these general terms and conditions, the company will process the accepted orders with efficient shipping, however within the following 30 days, unless a longer delivery time is agreed. If the delivery is delayed, or if the delivery cannot be carried out, or only partially, the user will be informed of this at the latest 30 days from when the order was sent. In this case, the user has the right to withdraw from the contract without charges, but with the right to request damages.
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In the event of dissolution as mentioned in the previous paragraph, the seller will compensate the user for the sum paid, as quickly as possible and in any case no later than 30 days from the date of withdrawal.
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If the delivery of a product proves impossible, the seller will propose an alternative article. That a replacement article has been sent must be clearly stated, at the latest on delivery. The right of withdrawal can never be denied in the case of replacement articles. The costs of returning the goods are borne by the seller.
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The risk of damage and / or loss of the product is borne by the seller until delivery to the user or his representative as indicated by the user to the seller, unless explicitly agreed otherwise.
Article 12 - Transactions with extended duration: duration, term and extension
Term
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The user has the right to terminate an indefinite contract at any time, which has been concluded for the regular supply of a product (including electricity) or a service, subject to the conclusion rules agreed and the notification period that does not exceed one month.
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The user has the right to terminate a contract determined at any time, which has been concluded for the regular supply of a product (including electricity) or a service, subject to the conclusion rules granted and to the notification period that does not exceed one month.
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Regarding the contracts and according to what is written in the two previous paragraphs, the user can:
- put an end to them and not limited to a specific moment or a limited period;
- end them in the same way as if they were finished;
- always terminate these subject to a specific notification period as stipulated for the seller.
Extension
4. A fixed-term contract that has been concluded for the regular supply of a product (including electricity) or a service may not be automatically extended or renewed for a fixed period of time.
5. Unlike the previous paragraph, a fixed-term contract that has been concluded for the daily or weekly supply of newspapers or magazines could be automatically extended for a certain period that does not exceed one month, if the user has the freedom to terminate the contract extended towards the end of the extension, with a notification period that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services could be automatically extended for an indefinite period of time if the user has the right to terminate the contract at any time with a notification period which does not exceed the month and in the case of a contract for the daily or weekly supply of newspapers or magazines, regularly, but less than once a month for a period not longer than three months.
7. A fixed-term contract for the regular supply for daily or monthly newspapers and magazines (trial subscriptions or initial subscriptions) will not be automatically extended and will automatically end at the end of the trial or introduction period.
Duration
8. If the fixed term of a contract exceeds one year, then after one year the user has the right to terminate at any time, with a notification period that does not exceed one month, unless reasonableness or common sense do not say that it makes no sense to terminate the contract early.
Article 13 - Payments
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Unless otherwise agreed, the amounts to be paid by the user must be paid within 15 days of the start of the withdrawal period as stipulated in article 16, paragraph 1. In the event that the contract provides for the supply of a service these 15 days start from the moment in which the user receives the confirmation from the seller of the contract.
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When selling products, the general terms and conditions should not be able to provide for an advance payment that exceeds 50%. When an advance payment is granted, the user cannot invoke any rights in relation to the implementation of the order or service in question, before the advance payment, as stipulated, has been carried out.
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The user must immediately inform the seller of any errors in the payment data provided.
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In case of non-payment by the user, the seller has the right, within the terms of the law, to charge the user for the costs of which the consumer must have been informed previously.
Article 14 - Complaint procedure
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The seller takes care to create a procedure to resolve complaints and will make publicity of them and in front of a complaint he will behave as expected in the procedure.
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Complaints about whether to exercise the contract or not must be made to the seller without delay, in detail as soon as the user has discovered the defect.
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Damage to clothing caused by skis, snowboards, backpacks or any object foreign to the product is not covered by the warranty!
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The response to complaints submitted to the seller's judgment must be provided within 15 days, starting from the moment the complaint is received. If there is an awareness that a response requires longer processing time, then the seller will respond within 15 days, confirming receipt of the complaint and notifying a more exact date on when the user can think of receiving a more detailed response.
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If the complaint cannot be resolved in consultation with this organization then the dispute passes to the dispute resolution procedure.
Article 15 - Additional or different provisions
Additional clauses or clauses that differ from these general terms and conditions, may not be harmful to the consumer and should be recorded in writing or in such a way that consumers can store them in an easily accessible way on a durable medium.