GENERAL SALES TERMS
1. AREA OF APPLICABILITY
These General Sales Terms apply to all sales conducted by Frassene' Srl company (hereinafter also referred to as “Shopelite”) on the Shopelite-it.com website (alternatively, “the Website”) to private users.
General Sales Terms can be modified at all times.
Possible changes and/or new conditions will become effective since the moment of their publication in the “Terms of Sale” section on the Website. For this reason users are invited to regularly access the Website and verify the publication of updated General Sales Terms.
The General Sales Terms applied are those effective at the date of the purchasing order.
These General Sales Terms apply to all territories that can be reached with the Courier service offered by this website.
The offers on this website are exclusively reserved to users that are consumers, meaning those individuals that access Shopelite-it.com with ends that differ from their commercial, professional and business activity and that are registered members of Shopelite.
To become a registered Shopelite member it is necessary to have a Shopelite account and, in the time of order confirmation, to have accepted these General Sales Terms.
After accepting these General Sales Terms, creating a Shopelite account can be done by clicking on “Register” in the Website homepage. The user will be able to engage in purchases through a direct access to the website.
2. INFORMATION RELATED TO THE CONCLUSION OF A CONTRACT
In accordance with the law on the subject of commerce, Shopelite informs the user that:
- To conclude a purchasing contract of one or more products on Shopelite-it.com the user will have to fill out an e-order form and send it online to SHOPELITE, following the instructions that will appear each time on the Website and that will follow the phases of the purchase;
- The contract is concluded once Shopelite registers the order form, after verifying of the correctness of order and payment data;
- Before proceeding with the purchase of products and the transmission of the order form, the user will be asked to read the General Sales Terms and to print a copy and/or save a backup copy;
- Before proceeding with the transmission of the order form, the user will be able to check and correct potential errors in data insertion by following the instructions that appear each time on the Website and that will accompany the phases of the purchase;
- Once the order form is registered, Shopelite will send to the user’s email address the order confirmation and payment receipt containing information related to the product that has been purchased, price indication, shipment costs and any additional costs plus info on the assistance service.
It is recommended to save the email as proof of purchase.
- The order form shall be stored in Shopelite’s data bank for the time it takes to dispatch the order and in any case as long as the law requires. To access one’s order form the user will have the possibility to check the “My Account” and “Order History” section on the Website where there will be a list of all the orders that have been carried out.
- The software sold on this site and its related products at this moment are not developed for Mac OS native systems. Possible adoptable solutions are to use of a virtualization software or to use the BootCamp utility for MacOS.
The offers published on the Website are reserved to users with a Shopelite account.
The offers are published in the Italian and English language.
All prices that appear on the website are expressed in Euro (€) and don’t include VAT.
Order fulfilment and delivery expenses are explicitly stated and include VAT, if applicable. The amount will be separately indicated on the order form before dispatch and on the order confirmation email.
Price of products can be modified without previous notice, without prejudice that the price charged to the user is the one published on the product info sheet at the time of the order. Shopelite will retain property of products until payment of the sales price and expenses from the user.
The total amount indicated at the end of the purchase process is inclusive of shipping costs, when included, and of VAT, if dued, but not of customs duties and any additional taxes on the sale required by the country of destination of the goods.
Payment of products purchased on Shopelite-it.com will be made possible through:
- Credit Card: in order to pay this way the User will have to fill out data concerning his Credit Card. Payment with Credit Card will have to take place together with the order fulfilment.
The company reserves the right to ask the Customer/Client a copy of ID documents proving the ownership of the Card that has been used. Failing this, the company reserves the right not to accept the order.
Accepted Credit Cards for online payments are Visa, Maestro and Mastercard, provided that the holder has activated the security protocol Verified by Visa (VBV).
- PayPal is an online payment system that provides for opening an account with PayPal.
To conclude a purchase with this type of payment, you will see a page on the PayPal website where you can enter the e-mail address and personal password of your PayPal account, or access the procedure for creating a new one. After registration, you can make payments via PayPal without having to reinsert data, also for subsequent purchases. By choosing this method of payment the amount is debited directly in your PayPal account.
PayPal protects buyer information.
For each transaction performed by this method, an email of confirmation will be sent from PayPal. The order amount is charged in your PayPal account at the same time of the purchase. In case of cancellation, the amount will be refunded to the customer's PayPal account.
6. ORDERS AND SHIPMENT
The purchase order will be dispatched in case of:
- Payment with Credit Card or PayPal: after Shopelite receives payment confirmation of the total due amount, including sales price of the product/s, order dispatch expenses and shipment expenses, as specified in art. 4, including, if applicable, taxes.
Shopelite retains the right to refuse orders from users that fail to provide sufficient payment guarantees or with whom there are litigations and/or present anomalous purchase behavior.
Since products offered on Shopelite-it.com are in limited number and can be sold at discounted prices, it is possible that the product ordered isn’t available after registering the order.
In every instance of unavailability of the ordered product the customer will immediately be informed via e-mail and the purchased will be cancelled.
If payment has already been made, Shopelite will immediately reimburse the amount of the sum paid by the user, including order dispatch and shipment expenses, and anyway within thirty (30) days from the day following order registration.
The amount of the reimbursement will be communicated via email and re-credited via the same means or credited through Bank Transfer to the coordinates communicated by the user. Possible delays in the credit note may depend from the bank institution or the type of Credit Card used for the payment.
Delivery will take place within thirty (30) days from the day following the order registration date.
Ordered products will be sent to the address indicated by the user in the order form.
Items shipped outside the European Union ("EU") may be subject to taxes and customs duties in the destination country ("Import Costs").
The recipient of the shipment is the importer of goods into the country of destination and will be responsible for all import costs.
Deliveries are conducted through courier both on national and international territory from Monday through Friday in the regular office hours, except for National Holidays.
Shopelite may decide to use different delivery means depending on the nature of the product to be delivered.
A shipment is considered completed when the product has been made available to the user to the address specified in the order form.
In case of missed delivery due to absence of the user at the specified address the courier will leave a note certifying the delivery attempt. On said note there will be courier contacts data in order to arrange for an appointment for delivery. In case of portracted absence Shopelite’s Customer Service will send an e-mail to the Client to agree on a new address and/or delivery date. If even said attempt is unsuccessful the item bought will be sent back to Shopelite.
After thirty (30) days from the date when the product has been sent back to Shopelite the contract is intended to be resolved and the purchase order annulled pursuant to art. 1456 c.c.
Shopelite will reimburse the amount paid by the user net of unresolved delivery, return shipment to Shopelite and custody of the product expenses. The resolution of the contract and the amount of the reimbursement will be communicated via e-mail. The amount of the reimbursement will be re-credited by the same payment means or credited through Bank Transfer to the coordinates communicated by the user. If during the course of thirty (30) days the user requests again a delivery of the product, Shopelite will proceed with a new delivery after charging its expenses for product restitution and custody.
It is up to the recipient to check the conditions of the delivered product.
If the box shows signs of tampering or damage the Customer will have to promptly communicate them to Shopelite-it.com Customer Service via an email indicated in the “Contacts” section.
Subject to the enforcement of the dispositions foreseen by the present General Sales Terms.
8. RETURN AND REFUND POLICY
The user that has bought products through Shopelite-it.com has the right to withdraw from the contract with Shopelite, without penalties and without reason within fourteen (14) working days from the date of delivery.
To exercise the right to return the products he has to:
a. Get in touch, by telephone or via e-mail, with Shopelite Customer Service to ask for a “CAR” (Code for Return Authorization) that will have to be clearly indicated in the box and will be used for returning the product.
Customer Service will immediately communicate the CAR via the same channel used by the user;
b. Send to Shopelite Customer Service a Withdrawal Notification through RDA at this address: Servizio Clienti Frassené, Via Fornaci 4, 35014 Fontaniva (PD), Italia.
The communication can also be sent, within the same time frame, via e-mail and/or fax as long as it is confirmed through registered letter within the following forty eight (48) hours.
It is intended that the registered letter has been sent in the proper time if it is delivered to the post office within the aforementioned terms;
c. Providing, through a chosen courier and on its own expenses, within fourteen (14) working days from delivery date of the goods, to the shipment of the product/s bought, carefully protected and wrapped in their original box, along with all of its accessories (if present), documentation and user manuals. The ID card and/or stickers, where present, will have to still be on the product when it’s returned.
The sound integrity of the product to be returned is essential to exercise return rights. Products must not have been damaged or modified;
d. Goods will have to be returned to the following address:
FRASSENE’ SRL - SHOPELITE
C/O ELITE SRL
VIA FORNACI 4
35014 FONTANIVA (PD) - ITALIA
It is not a condition for exercising return rights that the goods to be returned are insured against theft or transport damages. However, since the risk involving the return of the goods bears on the customer, Shopelite invites the customer that wants to exercise return rights to ensure, at his own expense, the shipment for the value indicated in the confirmation e-mail of the purchase order.
In accordance with art 67 paragraph IV of the Legislative Decree for September 6th 2005 (“Consumer’s Code”), only after having received the product/s and only after having positively verified the aforementioned b) and c) paragraphs, Shopelite will, as soon as possible, reimburse the amount paid by the user. The amount of the reimbursement will be communicated via e-mail and re-credited by the same methods of the payment or credited through Bank Transfer to the coordinates indicated by the user.
In accordance with art 55 of the Consumer Code, the return rights are void in case the sale concerns:
1. Products that are custom made, personalized or that because of their nature can’t be returned as they would risk rapid deterioration or damage.
2. Audio-visual products or software damaged by the consumer;
3. Newspapers, periodicals or magazines.
9. WARRANTY AND NON COMPLIANCE OF PRODUCTS
Images and colors of products displayed on the Website may differ from actual ones due to local settings of systems and/or instruments used to visualize them.
In case of non-compliance of purchased products compared to the description on the Website, the user has the right to the reparation or substitution of the product, without the added expense, where possible based on the number of that same product still available for sale, unless the substitution and reparation turn out to be excessively expensive for the seller if there is no case of non-compliance (or its entity).
Alternatively, the user has the right to an adequate price reduction that is to the resolution of the contract.
If the contract is resolved Shopelite will refund the price paid by the user, including shipment cost and possible other expenses.
In case of price reduction, Shopelite will refund the price paid by the user.
The amount of the reimbursement will be communicated via e-mail and credited through Bank Transfer to the coordinated communicated by the user.
The user will have to agree on shipment details with Shopelite Customer Service.
The user will have to indicate the non-compliance to Shopelite Customer Service, under penalty of revocation, within one (1) week from the date in which the non-compliance has been discovered.
Shopelite is not responsible for any kind of damage due to the installation and/or improper use of the product and/or non compliance with the instructions from the supplier, also in case of damages due to unforeseeable circumstances or force majeure.
The conventional warranties related to sold products are those directly supplied by the seller.
Products offered on the Website comply with the current Italian National and EU legislation. Shopelite is committed to correct errors reported in the description of products offered on the Website, as soon as possible, since the moment they’re pointed out.
It is possibile to indicate such errors by contacting Shopelite Customer Service to the e-mail address email@example.com.
Shopelite will not be held responsible in case of loss of revenue, data or any other indirect damage connected to these General Sales Terms.
Shopelite’s liability, in any case, cannot be superior to the total value of the purchase order.
11. FORCE MAJEURE
In no case Shopelite can be held responsible for the failure of any of the obligations deriving from these General Sales Terms if said failure is caused by an accident or force majeure, including as an example, natural disasters, terrorist acts, web malfunctions and/or blackouts.
These General Sales Terms, together with the Conditions of Use of Shopelite’s payment solutions and Service Conditions of the Shopelite Account, represent the whole of the agreement between Shopelite and Shopelite members, referring to the purchase of products through the Website.
13. APPLICABLE LAW AND JURISDICTION
The Italian law regulates contracts between Shopelite and Shopelite members. Dispositions contained in articles 50 and subsequent of the Consumers’ Code are specifically applied to these contracts.
Any dispute related to the application, execution, interpretation of these General Sales Terms falls under the jurisdiction of the Court of Padova.