General Terms and Conditions of Sale
Introduction
These general terms and conditions of online sale (hereinafter the "GTC") govern the sales contract (hereinafter the "Contract") for the products (hereinafter the "product" or "products") offered by STICKERSLAB S.r.l. 43122 Parma - Via Tazio Nuvolari, 18/b, VAT No. 02818460343 (hereinafter the "Seller") - through its website adesivisicurezza.it (hereinafter the "site") to users of the site (hereinafter the "customers" or the "customer").
These general terms and conditions of sale apply solely and exclusively to customers who qualify as "consumers" within the meaning of Article 3(1)(a) of Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), i.e. "natural persons acting for purposes outside any business or professional activity they may carry out", and who are of legal age.
The information and terms of sale are made available in the languages offered on the site. The customer declares that they have read all of the above information and general terms and conditions of sale before placing the order.
Before placing the order for the product, the customer declares that the purchase of that product is not directly related to their professional activity, as it is intended for personal use.
The customer also declares that they have the legal capacity to enter into commitments in accordance with these general terms and conditions.
1 - Purpose
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop adesivisicurezza.it
2 - Territory and scope of the offer
These general terms and conditions of sale apply to purchases made through the adesivisicurezza.it site, with delivery in Italy or to one of the foreign destinations served by the site.
The available destinations, costs and delivery conditions are shown in the cart before the order is confirmed.
The mandatory protections provided by the applicable law for the Consumer Customer remain unaffected, as specified in Article 22.
3 - Contractual documents
This contract consists of the following documents:
• these general terms and conditions of sale
• the order confirmation
The photographs illustrating the products on the site do not form part of the contract and are provided for descriptive purposes only.
4 - Receipt of the order
Any order confirmation signed by clicking the validation button constitutes an irrevocable commitment by the customer, which may only be called into question in the cases provided for in this contract under the articles "Right of withdrawal" and "Execution of the order".
5 - Acceptance of the order
The contract will be concluded only when the order is confirmed by STICKERSLAB S.r.l.
The customer will receive an email acknowledgement containing the order confirmation with all the constituent elements of the contract (including the products ordered, prices, delivery dates and shipping costs).
STICKERSLAB S.r.l.reserves the right not to confirm an order for any reason, relating in particular to a product supply problem or to a problem concerning the order received.
STICKERSLAB S.r.l.cannot be held liable for delivery errors due to inaccuracies or omissions in the purchase order completed by the customer. STICKERSLAB S.r.l. furthermore cannot be held liable for delivery delays actually attributable to the carrier, without prejudice to the mandatory rights of the Consumer Customer.
6 - Availability of products
The offers on this site are valid as long as the listed products remain online and while stocks last.
STICKERSLAB S.r.l. also reserves the right to inform the customer, at the email address associated with their profile, that one or more of the products purchased are unavailable. If a product purchased is no longer available, STICKERSLAB S.r.l. will refund the price and the shipping costs paid by the customer (to the payment card or PayPal account used for the purchase, or by bank transfer, the details of which are to be provided after registration).
7 - Prices - Invoice
Prices are expressed in euros and include VAT at 22%.
The price guaranteed to the buyer is the one published on the site when the order is sent.
Product prices are final. They do not include any delivery costs, which will be shown in the order confirmation. The initial price to which the discount is applied is the official list price provided by the brand.
8 - Payment
A customer who wishes to purchase products must express this intention through a request made directly on the site, in the dedicated section, where, following the procedures indicated there, they will send their purchase order and make payment.
Payment of the price is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and of transport) using the available payment methods.
The customer warrants to STICKERSLAB S.r.l. that they hold any authorisations required to use the payment method indicated when ordering.
If STICKERSLAB S.r.l. does not receive payment, STICKERSLAB S.r.l. reserves the right to cancel the order. In the case of payment by credit card, STICKERSLAB S.r.l. reserves the right to request, within 24 hours, a copy of an identity document proving that the customer is the actual holder of the credit card used; if the requested copy is not sent, STICKERSLAB S.r.l. may refuse the payment and cancel the order.
Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol.
9 - Transfer of risk
The risk of loss of or damage to the products, for reasons not attributable to STICKERSLAB S.r.l., passes to the customer when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the products.
If the customer chooses a carrier other than those offered by STICKERSLAB S.r.l., the risk passes to the customer when the products are delivered to the chosen carrier, within the limits provided for by law.
10 - Execution of the order
The order will be executed within the time frames specified on the Site and upon acceptance of the order by STICKERSLAB S.r.l. and in any case within 30 days of the order confirmation, subject to availability of the product ordered and unless otherwise specifically agreed between the parties.
If the product ordered is out of stock or unavailable, STICKERSLAB S.r.l. undertakes to inform the customer as soon as possible and to indicate any date on which it will be available again.
See Article 6 regarding product availability.
11 - Delivery
The geographical delivery area corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday.
Products are delivered to the address indicated by the customer. Delivery is understood to be at street level unless otherwise stated. Any request for delivery to the floor (where available) must be indicated by the customer when the order is finally confirmed. Unless otherwise specified at the time of purchase, STICKERSLAB S.r.l. does not provide an installation service for the products sold.
Without prejudice to Article 6, STICKERSLAB S.r.l. undertakes to deliver the products to the address provided by the customer in the purchase order, through the carrier responsible for transporting them. STICKERSLAB S.r.l. cannot be held liable for delivery errors due to inaccuracies or omissions in the purchase order completed by the customer, nor for delivery delays actually attributable to the carrier, without prejudice to the mandatory rights of the Consumer Customer.
If the carrier has been chosen by the customer other than those offered at the time of purchase, the risk of damage to and loss of the products passes to the customer when they are delivered to that carrier, within the limits provided for by law. STICKERSLAB S.r.l. ships throughout Italy and to certain foreign destinations, subject to restrictions relating to the product or the destination. The available destinations, costs and delivery times are calculated and shown in the cart before the order is confirmed and paid. Deliveries to remote postcodes may lead to changes in the transport rates indicated.
The customer must provide a delivery address among those available when ordering. PO Box addresses are not valid for delivery.
The delivery note issued by the carrier, dated and signed by the customer on delivery of the product, will constitute proof of transport and delivery of the goods.
On delivery, the customer must check the contents, conformity and condition of the product or products. STICKERSLAB S.r.l. therefore recommends that the customer check the condition of the products delivered before signing the delivery receipt.
If any anomalies are found, the customer may report them to the carrier at the time of delivery and note them on the delivery receipt, where possible. Failure to object or to make an immediate reservation does not affect the mandatory rights of the Consumer Customer, including those relating to the legal guarantee of conformity.
12 - Collection of products if the customer is absent
If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the customer. If the recipient is also absent at the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
If the products are not collected within the time limit set by the carrier, they will be returned to STICKERSLAB S.r.l. which reserves the right to refund the price of the products, with the shipping, storage and return costs being borne by the customer.
13 - Right of withdrawal
The Consumer Customer has the right to withdraw from the contract, without giving any reason, within fourteen days of the day on which they take physical possession of the products. In the case of an order for several products delivered separately, the period starts from the day on which they take physical possession of the last product.
To exercise the right of withdrawal, the Consumer Customer must inform STICKERSLAB S.r.l. of their decision by means of an unequivocal statement, for example by email to [email protected]. The deadline is met if the communication is sent before the withdrawal period has expired.
The Consumer Customer must return the products without undue delay and in any event within fourteen days of notifying withdrawal. The deadline is met if the products are sent back before the fourteen-day period has expired. The Consumer Customer bears only the direct cost of returning the goods, unless STICKERSLAB S.r.l. has agreed to bear it or has not informed the customer that this cost is to be borne by them.
The Consumer Customer is liable only for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Such diminished value does not entail loss of the right of withdrawal.
STICKERSLAB S.r.l. will reimburse all payments received, including standard delivery costs, without undue delay and in any event within fourteen days of the day on which it was informed of the decision to withdraw. STICKERSLAB S.r.l. may withhold reimbursement until it has received the products back or until the customer has supplied evidence of having sent them back, whichever is earlier.
Reimbursement will be made using the same means of payment as used for the initial transaction, unless expressly agreed otherwise with the customer. Any additional costs resulting from the choice of a delivery method other than the least expensive standard delivery will not be reimbursed.
The right of withdrawal does not apply to products made to the customer’s specifications or clearly personalised, only where the product actually falls into that category, pursuant to Article 59(1)(c) of the Italian Consumer Code.
14 - Guarantee
In order to ensure high quality standards, products undergo quality control procedures by STICKERSLAB S.r.l. before being shipped. In the event of a lack of conformity, the Consumer Customer may enforce against STICKERSLAB S.r.l. the legal guarantee of conformity provided for by the Italian Consumer Code, lasting two years from delivery of new goods, in accordance with the terms and remedies provided for by law.
Where applicable, the provisions of the Italian Civil Code on the warranty against defects in goods sold, in particular Articles 1490 et seq., remain unaffected.
Any commercial or contractual guarantees from the manufacturer are in addition to the legal guarantee and do not replace it.
To enforce the legal guarantee, the customer contacts STICKERSLAB S.r.l. in the manner indicated by the seller. Conformity must be restored free of charge for the consumer in the cases provided for by law.
In the event of a lack of conformity, the applicable remedies are those provided for by the Italian Consumer Code. The Consumer Customer may request that conformity be restored by repair or replacement in the cases and under the conditions provided for by law and, where the conditions are met, a proportionate reduction in price or termination of the contract.
15 - Use of the site
The product descriptions and images on the site correspond to what has been made available by the suppliers of STICKERSLAB S.r.l. to STICKERSLAB S.r.l. itself. The photographs and presentation videos accompanying the product descriptions are published on the site for descriptive purposes, bearing in mind that image quality, including the accurate display of colour variants, may depend on the software and IT equipment used by the customer when connecting to the site. STICKERSLAB S.r.l. accepts no liability for problems caused to the customer by the use of the site and of the technologies employed, as these are beyond its control.
16 - Intellectual and industrial property rights
STICKERSLAB S.r.l. informs customers that the site, as well as all the trademarks and distinctive signs used in connection with the sale of the products offered, are protected by the applicable intellectual and industrial property rights, and that any form of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, is prohibited. STICKERSLAB S.r.l. reserves the right to take legal action to protect these rights. STICKERSLAB S.r.l. accepts no liability with regard to the trademarks and other distinctive signs appearing on the products it sells on the site, in respect of which the customer acquires no rights as a result of concluding the Contract.
17 - Personal data protection
STICKERSLAB S.r.l. is the controller of the personal data collected when registering on the site and of the data subsequently provided by the customer during the purchase.
For information on the processing of personal data, please refer to the privacy notice published on the site, provided pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 (GDPR) and applicable national legislation. The procedures for exercising the data subject’s rights, including those provided for by Articles 15–22 GDPR, are set out in the same notice.
18 - Electronic signature
Clicking the order validation button constitutes electronic acceptance of these general terms and conditions of sale and of the order, in the manner provided for by the purchasing process.
The simple validation click does not constitute a qualified electronic signature and is not automatically equivalent to a handwritten signature. The legal effects and evidential value of electronic acceptance are governed by the applicable law.
19 - Entire agreement
These general terms and conditions of sale constitute the entire obligations of the parties.
No other general or specific condition communicated by the customer may be added to or depart from these general terms and conditions.
20 - Invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law or regulation or following a final decision by a competent court, the other provisions will retain their full force and effect.
21 - Communications
For any communication you can contact STICKERSLAB S.r.l. at the following details:
43122 Parma - Via Tazio Nuvolari, 18/b, VAT No. 02818460343
email: [email protected]
22 - Applicable law and competent court
For the purposes of these terms, the Consumer Customer is the natural person acting for purposes outside their business, commercial, craft or professional activity. The Professional Customer is the party acting in the course of such activity.
For the Consumer Customer, the contract is governed by Italian law, without prejudice to the protection afforded by the mandatory provisions of the law of the country of the consumer’s habitual residence, where applicable under Article 6 of Regulation (EC) No 593/2008 (Rome I).
For disputes with the Consumer Customer, jurisdiction lies with the courts identified by the applicable mandatory rules. The consumer retains the right to bring proceedings before the competent courts of their place of residence or domicile in the cases provided for by law. STICKERSLAB S.r.l. may bring proceedings against the consumer only before the courts having jurisdiction under those rules.
For the Professional Customer, unless otherwise agreed in writing, the contract is governed by Italian law and the Court of Parma has jurisdiction over disputes, without prejudice to the application of mandatory rules and applicable rules on jurisdiction.
The provisions of the Italian Civil Code, Italian Legislative Decree 70/2003 (e-commerce), the Italian Consumer Code and their subsequent amendments and additions remain unaffected.