1. The General Conditions of Sale (hereinafter, the General Conditions of sale) have as object the purchase discipline of products and services, maintained and made available through the site belts.boutique (hereinafter, the Site).
2. The products available on the Site are composed by fencing nets, agriculture nets and nets and leisure accessories; the services available on the Site are those related to sale these products. All products and services offered are showed in detail on the homepage in the Site (belts.boutique) in the right sections, distinguished in the right category.
3. The Site owner is TEAMECOMMERCE S.R.L., with legal residence in Via Roma, 50/R, 24060 Credaro (Bergamo), P.I. 03948390160, registered on the Bergamo’s registry of business.
4. All the purchases made through the Site by users who have access to it (below, the Customer) are governed by these Terms of Service and any other relevant instructions set out on the Site. In case of conflict between rules, instructions or operating procedure the rules contained in the Terms of Service will prevail.
5. All the operations and general conditions that will be permitted to the Customer notwithstanding the General Conditions of Sale, will be efficient only if Teamecommerce S.r.l. will be accepted this condition notwithstanding in writing.
6. The regulations of these Terms of General Condition of Sale will be applied equally to all Customers, except for those conditions applied just for Consumer Customer. “Consumer Customer” implies a natural person that buys products and services offered from the Site for target that doesn’t include business and professional activity; in respect to the General Conditions, a “Consumer Customer” is not that Customer who sends an order introducing the VAT number in the personal data section on the Site. To the Consumer Customer that stipulates contracts will be applied the artt. 50 and 63 from D. Lgs n. 206/2005.
7. Teamecommerce S.r.l. invites each customer to read carefully before making each step of the procedure downloads, these Terms of Service and save them in electronic copy.
8. Teamecommerce S.r.l. may change at any time and without notice, the contents of the Terms of Service referred to herein. Any amendments made take effect from the date of publication on the Site, as declared in the header of the Term of Service.
9. The customer may access the Service in the electronic catalog of Misternets.com, as detailed on the homepage of the Site (www.misternets.com) and described in the relevant information sheets contained in the site, respecting the procedures access techniques described herein. The publication of the products and the services displayed on the Site constitutes an invitation to the customer to submit a contract proposal to provide the Service. The order sent by the customer has the value of a contract proposal and involves the full knowledge and full acceptance of these Terms of Service.
10. The presence of the correct reception of the proposal is confirmed to the Customer by belts.boutique with an automatic reply sent to the email address supplied by the Customer. The answer by misternets.com is generated automatically by the system of the Site and confirms the correct reception of the proposal within the information systems. This message of confirmation will specify a “Customer Order Number” that is going to be used for all further communication with misternets.com. The message proposes, as well as the information mandated by law, all Customer datas who will check and will communicate all possible correction.
11. Each order can be viewed from the Customer on the Site, in personal section, immediately after the same order is been sent.
12. Each Contract stipulated among Teamecommerce and the Customer will be concluded with the acceptance by Teamecommerce. belts.boutique have the right to accept or reject, in its discretion, the order sent by the Customer, without that the latter could make claims or rights whatsover, for any reason, including compensation, in case of rejection of the order. The acceptance by Teamecommerce is believed tacitly granted, unless otherwise to the Customer within 48 hours after the order, by means of an e-mail sent to the address supplied by the Customer.
13. By placing an order for download, in the manner prescribed by the instructions of the Site, the Customer represents to have read all information provided during the delivery of service and to accept the Terms of Service and payment as described below. Prices of products, delivery taxes and products availability.
14. All prices of products are clearly specified on the Site and are inclusive of VAT. These prices do not include additional and different taxes, levies or duties placed by relevant applicable laws, such as those provided in the import phase. This, if necessary, the Customer will be required to clear customs and pay import duties and taxes (other than VAT) as provided for importing Country.
15. When a product is shown in areas not addressed to the purchase or without the notice “Add to cart” or “Buy it now”, we mean that are not available for the sell through the Site.
16. The prices and the availability of products on the Site are subject to change at any time and without notice. Only the orders being accepted or accepted by misternets.com will apply the conditions when the order was made by the Customer.
17. On the Site are shown all the products for the shipment. This availability doesn’t keep up to date; so the real availability could change within a day’s time compared with the dispositions on the Site. misternets.com does not assure the certainty of the delivery of the products bought and shown on the Site like available, they will not be responsible of possible delay.
18. If the delivery time of the product ordered undergo a delay, misternets.com undertake to give a notice to the Customer through an email.
19. The prices of every shipment will be added up to the final prices of each purchase Contract and it will be shown and told to the Customer, through the Site, before the end of the Purchase Agreement; this price will be specified in the personal area until the order will be expedite.
20. The products displayed on the website coincides to the real picture of the products and it has the aim to represent them just for selling, without any guarantee by Teamecommerce S.r.l about the right conformity of the picture displayed on the Site with the real product; and this concerns the real size and/or the color of the cover or package.
22. The payments through the Site may only be made by credit card or Paypal account.
23. The Customer will due to the courier no more than what was stipulated on the Purchase Agreement at the delivery act.
24. If the Customer does not pay the amount due the Purchase Agreement, for any reason or cause, Teamecommerce s.r.l. will invite the Customer in writing to pay shall be entitled to charge him/her the penalty interest allowed by law; in that case, as long as the Customer shall regularize his balance with Teamecommerce s.r.l., the latter will keep the right to cancel any further deliveries of products, to resolve any purchase agreement in place, as well as block the functions of purchase through the Site, without prejudice to ask for compensation for any further damage.
RETURNS AND DOCUMENTATION
25. All deliveries of the products will be at risk of Teamecommerce s.r.l.. The risk will be transferred to the Customer at the time of delivery by the courier designated by Teamecommerce s.r.l.
26. Any responsibilities could be charge from the Customer to Teamecommerce in case of delay of the delivery.
27. For each Purchase Agreement executed through the Site, Teamecommerce will issue an invoice which will contain the VAT number, in the case of Customers who have inserted at the registration on the site or subsequently updated. The invoice will be issued and send to the Customer from Teamecommerce to the email provided by the Customer at the time of registration on the Site or at the conclusion of the Purchase Agreement in accordance with the law art. 14 D.P.R. 445/2000 and DL 52/2004. No change in the invoice will be possible after the issuance, nor it will be possible to issue an invoice after the conclusion of the Purchase Agreement to Customers who have not provided their VAT before the conclusion.
28. The delivery of goods from the customer service Teamecommerce s.r.l. is made by the roadside. Upon delivery of the products by the courier, the Customer is required to check that the delivered products correspond to those under the Purchase Agreement, (a) that the number of packages delivered corresponds to that indicated in the delivery note and (b) that the packagings are intact, not damaged or otherwise altered.
30. In order to allow the delivery of the ordered products, the presence of the Customer or his representative is always required in the place indicated by the order and on scheduled delivery day. In the absence of the Customer (or of his representative), the Courier will leave a notice for the second delivery the next business day and a telephone number in order to agree a different delivery date. After 72 hours if the courier is not contacted, the products will put at the warehouse and a further charge for the Customer by Teamecommerce s.r.l. depending on the quantity of warehouse days. A Teamecommerce s.r.l. person in charge will contact the Customer. In case of merchandise never collected, Teamecommerce s.r.l. will refund the Customer, the amount will be equal to the price less the cost of shipping adding the cost to the return of the products to Teamecommerce s.r.l..
31. In case of “force majeure” lack of means of transport, as well as unforeseeable or unavoidable events that cause a delay in delivery, or make deliveries difficult or impossible, or to cause a significant increase in the cost of the delivery charged to Teamecommerce s.r.l., Teamecommerce s.r.l. will be entitled to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In such cases, Teamecommerce s.r.l. provide timely and adequate notice of its determination to the email address specified by the Customer and will be entitled to refund any amount already paid, excluding any further claims, for any reason, against Teamecommerce s.r.l.. If the Purchase Contract is made during the national festivity in August, products couldn’t been delivered by Teamecommerce s.r.l. within the standard procedure of delivery (at about 5 days).
32. We don’t accept delivery to different addresses compared with that indicated on the personal data, requests to deliver in a specific time or to be contacted before the delivery. If these requests will be inserted in the note place, they will not be considered.
33. Regarding the free delivery that is established by Teamecommerce s.r.l., they mean the delivery on the ground floor; if the delivery is made by the courier on different floors, Teamecommerce S.r.l. will apply an extra charge for the delivery. The free delivery does not include foreign delivery, for the latter will be made a specific budget depending on the Country.
RIGHT OF WHITHDRAWAL
34. Belts.boutique recognize the right of withdrawal as excepted from the norms in force. The request for withdrawal must be sent no later than 10 (ten) days from the date of receipt of the goods. In order to exercise the right of withdrawal, the Customer must download and send its intention to exercise the right of withdrawal and the details of the Purchase Agreement in relation to which it intends to exercise it. Along with this form, the Customer shall shipping and return the products, at its sole expense and care, through a courier of his choice and it will be substantially intact and in a normal state of preservation. The packaging must be returned no later than 10 (ten) days from the date of delivery, print the address of fair-store.it and fairstore. com and apply it on the package rendered. Within 14 (fourteen) days from the delivery of the form of withdrawal and once verified the integrity of the returned products, Teamecommerce s.r.l. will refund the Customer the entire price of the products for which the right of withdrawal has been exercised (including both the price and the cost of shipping). Refund will be made by transfer back the amount charged by bank transfer, in accordance with the relevant instructions and bank details specified by the Customer himself. The Customer shall spend just the shipping costs from the courier from his address to our offices.. The product returned must be whole, intact and in normal state of preservation.
GUARANTEES IN THE EVENT OF A DEFECTIVE PRODUCT
35. Until the end of two years from the delivery of the products, Teamecommerce s.r.l. is accountable to its Consumer Customer, under Articles. 130 and 132 of Legislative Decree n. 206/2005, of any lack of conformity of the products existing at the time of delivery, with particular regard to products resulting faulty or damaged.
36. The Consumer Customer loses the rights guaranteed by art. 130, paragraph 2 of Legislative Decree n. 206/2005 if he/she does not report the lack of conformity within two months from the date on which he discovered the defect.
37. Teamecommerce s.r.l. will make every effort to replace its own expense, with other products of the same quality and title available at its stores, those products that are damaged or defected just if products returned in its original package (whole parts composed). If the replacement with the same publication is not possible (for example, due to “out of order”), Teamecommerce s.r.l. will refund the Customer the entire price paid for the defective product, excluding any further responsibility of Teamecommerce s.r.l., for whatever reason.
COMMUNICATIONS AND COMPLAINTS
INTELLECTUAL PROPERTY RIGHTS
39. All trademarks (registered or not), as well as any and all intellectual work, distinctive signs or names, images, photographs, written text or graphics, and more generally any other tangible asset protected by laws and international conventions relevant to intellectual and industrial property reproduced on the Site, are exclusive property of Teamecommerce s.r.l. and/or of its licensors. The Customer has no rights derived from access to the Site and/or from the conclusion of the Purchase Contracts. Any use, even if only partial, of the same is prohibited without the prior written permission of Teamecommerce s.r.l., in favor of which all the rights are exclusively reserved.
40. The Purchase Agreement between the Customer and Teamecommerce s.r.l. is concluded in Italy and governed by Italian law.
41. Any disputes shall be exclusively competent Judicial Authority of Brescia with the exception of disputes with the Consumer Customer will be within the competence of the judicial authority of the place of residence or domicile of the Consumer Customer.