Terms of sale
PREMISE
The commercial relations between the company XenonPerTutti S.r.l. and customers are governed by the following general conditions of sale. Different conditions may only be agreed in writing.
Supplier Identification
The goods covered by these general conditions are put up for sale by the company XenonPerTutti S.r.l. with registered office in Teramo, Via Nazionale n. 7, Piane Sant'Atto, registered with the Chamber of Commerce of Teramo under no. 174439 of the Company Register, tax code / VAT number 02045280670, telephone: 0861 588517, E-mail: info@xenonpertutti.com, PEC: xenonxtutti@pec.it hereinafter referred to as Supplier.
Customer Identification
The companyXenonPerTutti S.r.l.Sells its products to:
- car lighting and accessories retailers;
- installers;
- private.
1) DEFINITIONS
1.1 With the expression online sales contract, means the sales contract relating to the Supplier's tangible movable goods, stipulated between the Supplier and the Buyer within the framework of a remote selling system via electronic tools, organised by the Supplier.
1.2 With the expression Buyer it means:
- either the consumer, a natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity carried out,
- either the professional who makes the purchase for a purpose related to the exercise of his business activity.
1.3 With the expression Supplier means the subject indicated in the epigraph or the subject providing the services.
2) PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF THE D.LGS. 206/2005
Before concluding the purchase contract, the buyer examines the characteristics of the goods, which are illustrated in the individual product sheets at the time of selection by the buyer.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the buyer is informed of:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- payment method;
- the deadline by which the company XenonPerTutti S.r.l. undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (Article 16 of these conditions) as well as the standard withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014;
- information that the buyer will have to bear the cost of returning the goods in the event of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided by the companyXenonPerTutti S.r.l..
The buyer can at any time and in any case before the conclusion of the contract, take note of the information relating to the companyXenonPerTutti S.r.l., the geographic address, telephone number, email address, information that is reported in the introduction.
3) OBJECT OF THE CONTRACT
3.1 With this contract, respectively, the Supplier sells and the Buyer purchases remotely via electronic means the tangible movable goods indicated and offered for sale on the site www.https://xenonpertutti.com/gb/.
4) METHODS OF ENTERING INTO THE CONTRACT
4.1 The contract between the Supplier and the Buyer is concluded exclusively via the Internet by the Buyer accessing the site www.https://xenonpertutti.com/gb/, where, following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods.
5) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
5.1 The purchase contract is concluded by correctly completing the request form and subsequently sending it, always after viewing a printable order summary web page, which contains the details of the customer and the order, the price of the purchased item, shipping costs and any additional charges, payment methods and terms, the address where the item will be delivered, and delivery times.
5.2 When the Supplier receives the order from the Buyer, it will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the data referred to in the previous point.
5.3 The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the previous point.
6) PAYMENT AND REFUND METHODS
6.1 All payments by the Buyer may only be made using one of the following methods, indicated on the relevant web page by the Supplier, unless otherwise agreed in writing with the company. XenonPerTutti S.r.l.:
- PAYPAL;
- Credit Cards
- advance bank transfer;
- cash on delivery to the courier (only for shipments within Italy).
(Payment by cash on delivery includes an additional charge for the collection service carried out by the courier, already expressed in the listing with "Cash on delivery surcharge" (€6.00).
7) SHIPPING AND DELIVERY TIMES AND METHODS
7.1 Unless otherwise agreed, the Supplier will deliver the selected and ordered products via approved carriers with traceable consignment notes.
7.2 In the event that the carrier is appointed, in any capacity, by the Customer, the companyXenonPerTutti S.r.l.Will not be responsible for the loss and/or damage of the product from the moment of delivery of the goods to the carrier at its warehouses.
7.3 The shipping methods, times and costs are clearly indicated and highlighted in the appropriate section shipments And payments on the site www.https://xenonpertutti.com/gb/.
7.4 The estimated shipping time is 24/48 hours from order confirmation. If the Supplier is unable to ship within this timeframe, the Buyer will be promptly notified via email. Delivery times vary depending on the shipping method chosen by the customer, which are indicated in the order process.
8) RISK AND OWNERSHIP
8.1 The goods are shipped carriage paid, with the cost charged in the transaction itself; in the event that the goods are shipped carriage forward, at the Customer's request, the risk will be borne by the latter from the moment the goods are delivered by the Supplier to the carrier.
8.2 Upon receipt of the goods, the Customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what was indicated in the purchase.
8.3 If, upon receipt, the goods show visible external damage and/or are missing quantities, the Buyer is required to accept them with reservations, writing the reason in pen on the waybill that the carrier requires the Buyer to sign upon receipt of delivery. 7.4 It is not possible to open the package in the presence of the courier and, if necessary, refuse it.
9) PRICES
9.1 All sales prices of the products displayed and indicated on the site www.https://xenonpertutti.com/gb/ are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c. . .
9.2 The sales prices referred to in the previous paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if any, although not included in the purchase price, are indicated and calculated during the purchase process before the buyer submits the order and are also included on the order summary web page.
9.3 Prices may change during the update phase. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.
10) ORDERS AND PRODUCT AVAILABILITY
10.1 Orders are accepted only and exclusively in written form online; if the Customer chooses to place the order by telephone, the companyXenonPerTutti S.r.l.Declines all responsibility for any errors. Customers who place orders online will receive updates on their order progress via email.
10.2 The Supplier ensures the processing and fulfillment of orders without delay through the electronic system used. To this end, it indicates in real time, in its electronic catalog, published on the website www.https://xenonpertutti.com/gb/, in the section availability, the number of products available and those not available, as well as shipping times.
10.3 Should unforeseeable situations arise that may compromise the regular fulfillment of the order, the Supplier will inform the Buyer of the situation via email and will make itself available to intervene effectively in resolving the problem that has occurred, indicating any additional time necessary to fulfill the order in accordance with what was indicated at the time of the order.
11) TECHNICAL INFORMATION
11.1 The technical information on the site www.https://xenonpertutti.com/gb/ are taken from the information published by the manufacturers of the goods. The companyXenonPerTutti S.r.l., therefore, reserves the right to modify/adapt the technical and dimensional information of the products in the catalogue based on what will be communicated by the manufacturers, even without prior notice.
12) LIMITATIONS OF LIABILITY
12.1 The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
12.2 The Supplier shall not be held liable to the Buyer, except in cases of wilful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the internet network outside of its own control or that of its subcontractors.
12.3 Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to it, the Buyer being entitled only to a full refund of the price of the product paid, less the shipping costs which are in any case due by the Buyer, as shipping costs plus a return management cost of 12 euros.
13) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSATORY DAMAGES: THE SUPPLIER'S OBLIGATIONS.
13.1 The Supplier is liable for damage caused by defects in the goods sold if it fails to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or of the person who supplied the goods.
13.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase.
13.3 The Supplier shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
13.4 No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
13.5 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
14) LEGAL GUARANTEE OF CONFORMITY AND ASSISTANCE METHODS.
14.1 In the event of receiving products that do not conform to the order or are defective, the Customer has the right to have the product restored to conformity free of charge by repairing or replacing the product. The Customer may exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to the company.XenonPerTutti S.r.l.Within two months of discovery.
14.2. Purchasing material from the company XenonPerTutti S.r.l. It is equipped with a warranty label, the removal of which will void it.
14.3 In the event of a lack of conformity, the Buyer may alternatively request, under the conditions indicated below, the replacement of the purchased goods, a reduction in the purchase price or the termination of the contract.
14.4 The request must be sent by email to the Supplier, who will indicate their willingness to process the request, or the reasons preventing them from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer's request, they must indicate the shipping or return methods for the goods as well as the expected timeframe for replacing the defective goods.
15) PURCHASER'S OBLIGATIONS
15.1 The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the Contract.
15.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
15.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before confirming the purchase.
16) RIGHT OF WITHDRAWAL
16.1 In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
16.2 The Customer who intends to exercise the right of withdrawal must send any explicit declaration containing the decision to withdraw from the contract to be transmitted to the company XenonPerTutti S.r.l. by registered mail A.R., or email or certified email.
16.3 The Customer may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, pursuant to Annex I, part B, Legislative Decree 21/2014 (not mandatory), the text of which is reported below:
Standard withdrawal form pursuant to art. 49, paragraph 1, letter h. Complete and return this form only if you wish to withdraw from the contract to:
XenonPerTutti S.r.l. with headquarters in Teramo, Via Nazionale n. 7, Piane Sant'Atto, telephone: 0861 588517, e-mail: info@xenonpertutti.com, PEC: xenonxtutti@pec.it
I/we (*) hereby notify you (*) that I/we (*) withdraw from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is sent on paper)
- Date and Place
(*) Delete the unused wording.
16.4 In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to the companyXenonPerTutti S.r.l.Your desire to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
16.5 The goods must be returned to XenonPerTutti S.r.l. with headquarters in Teramo, Via Nazionale n. 7, Piane Sant'Atto.
16.6 The direct costs of returning the products are borne by the Customer.
16.7 In order to obtain a refund, the customer is invited to return the goods intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. We also reserve the right to withhold a sum equal to the decrease in value of the goods, as provided for by the Consumer Code, Art. 2 paragraph 2 c-bis) e), art. 5 paragraph 3.
Without prejudice to the right to verify compliance with the above, the company XenonPerTutti S.r.l. will refund the amount of the products as indicated in the point 12.3.
16.8 As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the company XenonPerTutti S.r.l. may suspend the refund until the goods are received or until the Customer has demonstrated that he has returned the goods to the companyXenonPerTutti S.r.l..
16.9 The companyXenonPerTutti S.r.l.Will process the refund using the same payment method chosen by the Customer during the purchase. In the case of payment made by bank transfer, and if the Customer intends to exercise his right of withdrawal, he must provide the company XenonPerTutti S.r.l., by accessing the contact us section, the bank details: IBAN, SWIFT and BIC necessary for the refund to be made by the companyXenonPerTutti S.r.l.. The refund will include the cost of the product and the shipping cost.
17) RETURN OF GOODS
17.1 All products are new and sealed. The equipment is tested and guaranteed before shipment; therefore, the Supplier is not responsible for malfunctions caused by incorrect connections or improper power supply. The Supplier declines all responsibility for improper and/or unlawful use of the item. Please read the enclosed manuals and instructions carefully before powering up any equipment. If in doubt or for further information, the Buyer is invited to contact the Supplier.
17.2 To benefit from the warranty, the Buyer must return the product at their own expense. Otherwise, the Supplier will not replace the goods. Therefore, photos or emails to demonstrate product malfunction are not permitted.
17.3 Return of goods to the company XenonPerTutti S.r.l., can also be requested via email.
In order to facilitate and expedite the refund process, we recommend attaching the RMA form, available at the following address, to the withdrawal request: www.xenonpertutti.com/download/Modulo_RMA.pdf
17.4 The goods returned with the withdrawal form, according to the instructions given in point 16.7, must be sent at the Customer's expense to the warehouse of XenonPerTutti S.r.l. (free port).
17.5 The goods will be returned to the Customer via an agreed express courier depending on internal organizational conditions.
18) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF PURCHASER'S DATA
18.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in D.Lgs. June 30, 2003, no. 196.
18.2 The personal data, including personal and fiscal data, acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, electronic and telematic form, in relation to the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b, D.Lgs. n. 196/2003).
18.3 The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may be disclosed only upon request by judicial authorities or other legally authorized authorities.
19) COMMUNICATIONS AND COMPLAINTS
19.1 Direct communications to the Supplier and any complaints will be considered valid only if sent via email.
20) SETTLEMENT OF DISPUTES
20.1 All disputes arising from this contract will be referred to the Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same.
20.2 Should the Parties intend to bring the matter before the ordinary judicial authorities, the competent court will be:
- for the consumer who is a natural person, the place of residence or elected domicile of the consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of the D.lgs. n. 206/2005;
- for the professional Customer, the place where the Supplier is based.
21) APPLICABLE LAW AND REFERENCE
21.1 This contract is governed by Italian law.
22) FINAL CLAUSE
22.1 This Agreement supersedes and replaces any prior agreement, understanding, or negotiation, whether written or oral, between the parties relating to the subject matter of this Agreement.
22.2 The conditions contained in this document may be modified without prior notice and will be valid from the date of publication in the section conditions of sale on the site www.https://xenonpertutti.com/gb/.