GENERAL CONDITIONS OF SALE
1. Online purchases: definitions and object of the contract
1.1 The supplier of the products is Guimer Srl, henceforth “the Company”, with registered office in Via dell’Industria 8 a/b – Calderara di Reno – Bologna.
1.2 The term “Site” means the website www.reticube.it, reserved for the sale of Reticube Technology products, a brand of Guimer Srl.
1.3 The term “online” sales contract means the distance contract and that is the legal transaction having as its object movable goods and/or services entered into between a supplier, “Guimer Srl”, and a consumer, customer within a distance sales system organized by the supplier that, for this contract, employs exclusively the distance communication technology called “internet”.
1.4 All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address https://reticube.it where, following the indicated procedures, will come to conclude the contract for the purchase of the good.
1.5 A consumer is defined as a natural and/or legal person who purchases goods and services for purposes not directly related to the professional activity carried out.
1.6 The term “Order” means the request form for the products for sale, completed by the Customer through the Site. “Products” are the goods for sale on the Site, based on the general terms and conditions of sale. The “Price” is the consideration for the sale of the products.
1.7 The “Parties” are “Guimer Srl” from now on “the Company” and the buyer from now on “the Buyer” or “the Customer”.
2. Applicable regulations
2.1 Purchases made on the site www.reticube.it are governed by these General Conditions of Sale, as well as by the conditions from time to time indicated in the aforementioned site on the date of conclusion of the contract (price list, type, technical characteristics), as well as still by the provisions of Legislative Decree No. 206/2005 on consumer protection (Articles 45 – 68 on distance contracts and Articles 128-135 on the conformity of goods warranty), and finally by the provisions of Legislative Decree No. 70/2003 on electronic commerce.
2.2 These General Terms and Conditions of Sale must be considered an integral and substantial part of the contract: the Customer is therefore invited, before sending the order, to carefully read these General Terms and Conditions of Sale and the information described herein, printing them or saving them on another durable medium and accessible to him.
2.3 The sending of the order by the Customer shall be considered as acceptance of the General Conditions of Sale in force understood as such those published on the site www.reticube.it at the time of the sending of orders by the Customer.
2.4 – Items on the site may be purchased, while stocks last, only by those who have reached the age of eighteen years.
3. Obligations of the Customer
3.1 The Customer undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased.
3.2 These conditions may be updated or modified at any time by the Company, which will provide to give notice by publishing a notice on the site. The consumer undertakes and is obliged, whenever there is a change in these general conditions, to ensure that they are printed and preserved.
3.3 It is forbidden for the purchaser to enter false, and / or invented, and / or fictitious data in the registration procedure necessary to activate against him the process for the execution of this contract and its further communications; personal data and e-mails must be exclusively his own real personal data and not of third persons, or fictitious.
3.4 It is expressly forbidden to make double registrations corresponding to one person or to enter data of third persons.
3.5 The Management of the Company reserves the right to prosecute any violation and abuse in the interest and for the protection of all consumers.
3.6 The Customer indemnifies the Company from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by the Customer, the Customer being solely responsible for its correct entry.
4. Prices
4.1 The prices indicated on the site www.reticube.it are expressed in euros, must be understood to include VAT and are only referable to products sold online, with the exception of prices relating to B2B sales that do not include VAT.
4.2 The price applied will be the one in force at the time of the order, regardless of any subsequent price increases or decreases (e.g. due to promotions that have occurred subsequently).
4.3 The Company reserves the right to vary product prices without prior notice: any new amounts will be in effect from the time they are posted on www.reticube.it and will be applied to sales made from that time.
4.4 Tax documentation will be issued by the Company upon delivery of the products: the same will indicate in detail the products purchased and their prices.
5. Product features and availability
5.1 Product features are those visible online at the time the order is placed.
5.2 The Company shows the products as truthfully and accurately as possible; however, the colors, as well as other aesthetic characteristics of the product displayed may vary due to the user’s monitor, as well as for other technical reasons not attributable to the Company which, therefore, does not guarantee that the colors, as well as other technical and aesthetic characteristics displayed, are reproduced on the screen in a manner perfectly responsive to reality.
5.3 The type of products published online and their availability (this indication to be considered non-binding) may change at any time without this entailing any responsibility on the part of the Company.
5.4 The computer system of “Guimer Srl” is designed to ensure the immediate processing of orders and avoid unnecessary waiting for the customer; in fact, it indicates in real time, in its electronic catalog, the physical availability of the product. Should an order exceed the existing quantity in the warehouse, the company’s management will let the buyer know whether or not the product is available.
6. Method of entering into the contract and orders
6.1 The purchase contract is finalized exclusively online, through the exact compilation of the order and the consequent consent to the purchase manifested by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and is obliged, once the on-line purchase procedure is concluded, to print and keep these General Conditions of Sale as well as the specifications of the product purchased provided on the site.
6.3 – Upon receipt of the order, the Company will send the Customer an e-mail confirming the order in which the details of the order will be summarized: the Customer is requested to print the e-mail and keep it.
6.4 – The contract must be considered concluded when the Customer receives the order confirmation.
6.5 – In the event that the Customer does not receive any order confirmation, the relevant order shall be understood as not accepted by the Company, therefore devoid of effect.
6.6 – Orders received will be archived in the database of the online “store”, according to the methods and in compliance with the provisions of Legislative Decree 30.06.2003 No. 196 (“Privacy”) for ten years as required by law and will be accessible upon request made to the Company at the following e-mail address info@reticube.it
7. Methods of payment
7.1 During the checkout process (completion of the order), the Customer may make payment of the price in the following ways, indicating the order number in the reason for payment;
– PayPal: to purchase online conveniently, without the need to type in credit card information or bank account details on the site. The account is charged upon completion of the order. If you are already registered with PayPal log in with your account credentials, otherwise to register a new PayPal account, visit paypal.com
– Bank Transfer: credentials are provided at the checkout stage of the order. In the Cause of the Bank Transfer you must indicate:
– customer’s first and last name or name,
– number of the order placed with its order date
7.2 Since the placing of orders is permitted only to adults, the Company will not be responsible for orders placed by minors without parental permission.
7.3 The order is shipped upon actual receipt of payment.
8. Payment Security
8.1 The payment transaction takes place on a secure page, which makes use of SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions and the related monetary transactions take place through the bank BPER – BANCA POPOLARE DELL’EMILIA ROMAGNA
9. Shipping and Delivery
9.1 The Company is not obliged to ship the products until it has received full payment for the order.
9.2 The Company guarantees delivery within Italy within 1/3 working days for orders placed Monday through Friday before 12:00 noon. Working days are Monday through Friday.
9.3 For Italian islands, delivery may require an additional day.
9.4 Deliveries are made during business hours Monday through Friday, excluding holidays. The Courier will make 2 delivery attempts; after the second attempt the order will go into storage. The Courier will leave a notice with contact information for pickup.
9.5 GLS Executive is the authorized courier for the Company’s shipments within the Italian Territory.
9.6 For the Italian Territory shipping is free of charge.
9.7 For Countries belonging to the European Community (Excluding Italy), USA and Canada, shipping costs will be calculated according to the Country of Destination, indicated in the shopping cart.
9.8 The Company will not be responsible for any delays attributable to the fault of the courier.
Upon receipt of the product, the Customer, or person appointed by the Customer, is requested to check:
- that the package is intact, not damaged or wet or otherwise altered even in the closure: any objections must be reported to the courier and the same will be necessary to give account at the time of affixing the signature for the withdrawal by the words “Withdrawn subject to control”, otherwise the package will be considered properly delivered;
- that the products correspond to what is indicated in the transport document and / or invoice in both number and type; any disputes must be reported to the courier and the same will be necessary to give account at the time of affixing the signature for the withdrawal by the words “Withdrawn subject to control; otherwise the contents of the package will be considered free from defects and / or faults.
10. Contractual Termination and Express Severability Clause
10.1 The Company has the right to terminate the contract entered into by giving simple notice to the customer with adequate and justified reasons; in this case the Customer shall be entitled only to the return of any amount already paid.
10.2 The obligations assumed by the Customer referred to in Article 3 (Obligations of the Customer), as well as the guarantee of the successful completion of the payment that the Customer makes by the means referred to in Article 7, have an essential character, so that by express agreement, the failure by the Customer to comply with only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial pronouncement, without prejudice to the right of the Company to take legal action for compensation for further damage.
10.3 The Company reserves the right, as a result of any logistical difficulties and / or technical and / or organizational, to cancel the order by giving notice by e-mail to the Customer within gg. 30 from the day after the day on which the Customer has sent the order: in this case the Customer shall not be entitled to any compensation for damages, without prejudice to the right to a refund of any amount already paid.
11.Right of withdrawal, complaints and request for product replacement
11.1 For the Company, customer satisfaction is the basis of everything.
For any reason, you are not fully satisfied with your purchase, you may return your order within 14 days from the date of delivery and receive a refund of the returned products or their replacement. The right of withdrawal is available to individuals acting for purposes not directly related to their professional activity, if any. Therefore, retailers and companies are excluded from this right.
11.2 Returned items must be returned in perfect condition with no signs of use, in their original packaging within the period of 10 days from the date of sending the notice of withdrawal.
11.3 To exercise the right of withdrawal you must follow these simple steps:
– send an email to info@reticube.it with the subject RETURN – ORDER NUMBER ( the order number is indicated in the order confirmation email and in the user’s personal area under ORDERS).
– include the reason for return in the email.
– prepare the items to be returned in a well-sealed and protected package, preferably in the original packaging;
– send the package to the following address: “Guimer Srl – Via dell’Industria 8 a/b – 40012 – Calderara di Reno – Bologna”.
11.4 Shipping of the return is the responsibility of the customer
12. Refund
12.1 Refund of the amount spent will be issued by issuing a voucher equal to the value of the cost of the returned accessory or the amount of money spent on the purchase.
12.2 In the case of a voucher, it will be sent to the email address indicated in the purchase process and will be valid for 1 year.
12.3 The Company will disburse the voucher, within the legal terms (30 days), only after receiving the goods and checking that all requirements have been met.
12.4 The voucher does not include the cost of transporting the goods.
13. Warranties and Liability
13.1 The Company assumes no liability for inefficiencies attributable to force majeure and/or fortuitous events such as accidents, thefts and/or robberies to the courier in charge of delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute the contract in the time and manner agreed.
13.2 The Company shall not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract due to the above causes, the consumer being entitled only to a refund of the price paid.
13.3 Likewise, the Company shall not be liable for any fraudulent and illegal use that may be made by third parties upon payment for the purchased products.
13.4 The Company guarantees the products against any defects/faults. Should the Customer nevertheless find a defect/defect in the purchased products, he/she must report it within two months from the date on which he/she discovered the defect (art. 132 Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is entitled to the consumer rights set forth in Article 130 of Legislative Decree No. 206/2005; these rights must be exercised within the terms set forth in Article 132 of the same Legislative Decree No. 206/2005.
14. Limitation of Liability
14.1 The Company assumes no liability if, due to unforeseeable circumstances or force majeure, it is unable to execute the order within the time provided for in Article 6.3 above or if any other inefficiency occurs.
14.2 The Company shall not be liable to the Customer, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet and outside the Company’s power of control and management.
14.3 The Company shall also not be liable for damages, losses and costs incurred by the Customer as a result of the non-performance of the contract for causes not attributable to the Company itself, the Customer being entitled only to a full refund of the price paid.
14.4 The Company assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the products purchased, if it proves that it has taken all possible precautions based on the best science and experience of the moment.
15. Applicable Law – Competent Court
15.1 Contracts entered into with the Company are understood to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into “on line” through the website www.reticube.it is subject to Italian jurisdiction.
15.2 These general conditions refer, as far as, not expressly provided therein, to the provisions of the Consumer Code.
15.3 Any dispute between the parties regarding this contract shall be settled by the Court in whose district the consumer has his residence or domicile if located in the territory of the Italian State;
15.4 In all other cases the territorial jurisdiction shall be exclusively that of the Court of Bologna, excluding any competing forum.
16. Authorizations
16.1 By filling in the registration form, in the purchase procedure, necessary to activate with respect to the Customer the procedure for the execution of this contract and the related further communications, the Client authorizes “Guimer Srl” to communicate personal-common registration data (as defined in art. 4 of the GDPR European Regulation No. 679/2016) to the couriers and/or shippers of trust for the delivery of the purchased goods so as to allow the necessary procedures for their receipt.