The web site www.sardiniaecommerce.it ('' Website '') hosts a technological platform ('' Platform”), created and managed by PBM Srl, with legal office in Piazza L'Unione Sarda 24, Poste Code 09122, Cagliari, registered in the Company Register of Cagliari, with tax code and VAT number 01959730928 and fully paid-up share capital of Euro 71,500.00. It ('' Supplier '') allows third-party vendors, who carry out their activities in Sardinia, to put in contact ('' Sellers”) with purchasers (“Buyers'' and/or “Users”), to sale goods and/or services online ("MarketPlace"). In the MarketPlace, Sellers can offer and sell their products and conclude the related purchase contracts with the users.
On the Website, users can, through the Marketplace, purchase products and /or services sold by third-party Sellers. The third party vendor is always clearly indicated on the site. PBM Srl, as a mere supplier and technical manager of the Platform, is not part of the sales contract between the user and the third-party vendor. The contract is exclusively concluded between the third-party Vendor and the user according to the terms and conditions below reported (“Terms “ and/or “ Conditions'').
Sale Conditions of Sardinia eCommerce
Effective since 01.10.2017
1. Purpose of the application and conclusion of the contract
1.1 These General Sale Terms and Conditions aim to rule the offer and sale of products and /or services offered for sale on Sardinia eCommerce Marketplace through the Website, whenever the purchase contract for such products and /or services is concluded through the Site ("Products").
1.2 Products sale through the Site constitutes a remote contract ruled by Chapter I, Title III (articles 45 et seq.) of Legislative Decree dated 6th September 2005, n. 206 ("Consumer Code") and by the Legislative Decree dated 9th April 2003, n. 70, which regulate the electronic commerce.
1.3 These Sale Conditions are applied to all the Product sales made by the Supplier through the Site ("Terms of Sale" or "CGV"). They can be changed at any time. Any changes will be effective since they are published in the "Term of Sales" section of the Website. Users are therefore advised to access regularly to the Site and consult, before making any purchase, the most updated version of the Sale Terms .
1.4 The applicable Sale Conditions are those in force at the date of transmission of a purchase order.
1.5 Before proceeding with the purchase of Products through the Website, the user must carefully read these General Sale Terms and Conditions , which Sardinia eCommerce places at his disposal in the footer of the Website under the section "Terms and Conditions", both before and during the purchase process.
1.6 These Sale Terms do not regulate the sale of products not included in the Marketplace by subjects who are present on the Site through links, banners or other hypertext links. Before making commercial transactions with them, it is necessary to verify their sale conditions. The Supplier is not responsible for the provision of services and/or the sale of products by such parties. On these websites, that can be consulted through these links, the Supplier does not perform any checks and/or monitoring action. So, the latter is not responsible for the contents of such sites nor for any errors and /or omissions and /or violations of the law by the same.
1.7 Before making commercial transactions on the Marketplace each Buyer is required to verify the present sale conditions and the seller's card available on the Product Page at every stage of the purchase process. The Supplier, as a mere technical manager of the platform, is not part of the sales contract between the user and the Third Seller. The Supplier is therefore not responsible for the provision of services and/or the sale of products by Third Sellers.
2. Purchases on the web site
2.1 The purchase of Products through the Site can take place only after registration, as disposed by the following Art. 3, and is allowed to both users who are consumers and to users who do not have this feature. The purchase made by natural people is only permitted to those ones who are people of age.
2.2 According to the art. 3, paragraph I, letter a) of the Consumer Code, it should be remembered that the consumer is a natural person who acts for purposes not linked to any business, commercial, craft or professional activity eventually carried out.
2.3 In case of orders, coming from anyone , who appears anomalous in relation to the quantity of the purchased products or to the frequency of the purchases made, the Supplier reserves the right to undertake all the necessary actions to stop the irregularities, including the suspension of the access to the Site, the cancellation of registration on the Site, the non-acceptance or cancellation of irregular orders.
2.4 Finally, the Supplier reserves the right to refuse or cancel orders coming from (i) a user with whom he has a legal dispute in progress; (ii) by a user who has previously violated these GTC and /or the conditions and / or terms of the purchase contract with the Supplier; (iii) by a user who has been involved in fraud of any kind and, in particular, linked to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not promptly sent the documents requested by the Supplier to apply with the procedure pursuant to articles 9.1.2 and 9.1.3, below reported, or have sent him invalid documents.
3. Registration on the web site
3.1 Registration on the Site is free. In order to complete the registration on it the user can authenticate with the c.d. "Social login", if available, or fill in the appropriate form, entering name, surname, e-mail address, a password and click on "Continue" button. In case the registration takes place during the purchase process, the insertion of the address, telephone number and tax code will be also required.
3.2 Registration on the Site allows the user to carry out the following activities, among others, through a reserved and personal area:
- He can follow shipment tracking and order status; consult his order history;
- He can access to the after-sale assistance services;
- He can manage his personal data and change them at any time;
- He can use the dedicated services that can be activated from time to time by the Supplier.
3.3 Registration on the Website also allows the user to make Combined Purchase. This means that the client can purchase, simultaneously, products offered for sale by different Third Sellers sending a single order in a single basket and with a single purchase procedure ("Combined Order").
3.4 The registration credentials (e-mail address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one can access to them. In case you suspect or become aware of an improper use or undue disclosure of the same, please, inform immediately the Supplier using the contacts reported in art. 15 below.
Each user is allowed to register on the Site only once. The same user can not do multiple registrations. If the Supplier detects that the same user has made multiple registrations on the Site, he reserves the right to proceed, immediately and without prior notice, to block his account.
3.5 User guarantees that personal information provided during the Site registration process is complete and truthful. He undertakes to hold the Supplier harmless and free from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the violation made by the user of the rules of registration on the Site or the preservation of registration credentials.
4. Information about the conclusion of the contract
4.1 As disposed by the Legislative Decree dated 9thApril 2003, n. 70 which regulate the electronic commerce, the Supplier informs the user that:
- in order to complete the purchase contract for one or more Products displayed on the Site, the user must fill an electronic order form and send it to the Supplier, electronically, following the instructions that appear from time to time on it;
- the contract is concluded when the order form reaches the Supplier's server;
- before proceeding with the transmission of the order form, the user can identify and correct any data entry errors, following the instructions on the Site at the different stages of the purchase;
- the order form will be stored in the Supplier's database for the time necessary for the execution of the same and, in any case, according to the law. He can access to the order form and / or to the data related to the same through his personal account.
4.2 Available languages to complete the contract are both in Italian and /or English. Customer Service can communicate with users in both languages.
5. Product Availability
5.1 Products which can be purchased from the Marketplace through Sardinia eCommerce Website are the items showed in the electronic catalog published on the Website and displayed to the user when the order is placed.
5.2 Each Product is accompanied by an information page that illustrates its main features ("Product Page"). Inside the Product Page there will be a special space which informs about Product availability. In case a Product is not available, the user can contact the Seller for more information.
5.3. Product availability is monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that several users buy the same Product at the same time. In such cases, therefore, the Product could be, for a short period of time, available, while it is instead exhausted or not available immediately since it is necessary to reorder.
5.4 If the Product is no longer available for the reasons above described or in other cases of unexpected unavailability, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code , the Seller will immediately notify the user sending an e-mail. The latter will therefore be entitled to terminate the contract immediately, pursuant to and for the purposes of the provisions of Law art. 61, IV and V paragraph, of the Consumer Code. The termination of the purchase contract pursuant to this paragraph involves the resolution of any accessory contract.
It is understood that as this is a contract between the Seller and the User, the Supplier is free from any responsibility in this regard.
Alternatively and without prejudice to this right of termination, the user can accept one of the following proposals from the Seller:
(i) if it is possible to reorder the Product there is an extension of the delivery terms, indicating the new delivery term for the restocked Product;
(ii) if it is not possible to restock the Product, supply a different product of equivalent value.
The choice of the user must be promptly communicated to the Seller through the "Private Area" section in the User's personal account.
5.5 In case the user wants to apply the right of resolution pursuant to art. 61, IV and V paragraph, Consumer Code or if he does not make any choice pursuant to art. 5.4 above reported and the payment of the total due amount, consisting of the price of the Product, delivery costs, in case, and any other additional costs, as resulting from the order ("Total Amount Due") have already occurred , the Supplier will reimburse the Total Due Amount without delay and, in any case, within the term of 14 working days from the day of termination of the contract or, respectively, from the day following the sending of the order. In case of payment made by credit card or PayPal, this amount will be credited through the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the used payment solution. In other cases, the Supplier will ask the user to provide, by e-mail, the bank details necessary for the repayment. The termination of the purchase contract pursuant to the preceding articles entails the resolution of any other possible accessory contract.
5.6 In case of orders concerning a plurality of Products ('' Multiple Orders “), if the unavailability concerns only some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the user by the law, and, in particular , according to the Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the articles 5.4 and 5.5 that precede, if the unexpected unavailability concerns all the Products object of the order - each Seller, involved in the order and whose product is not available, will immediately notify the user by e-mail. The user can immediately terminate the contract, limited to the Product and/ or Products that have become unavailable pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code, sending a request to the Seller from the Private Area of your account with which the order was placed. The termination of the purchase contract pursuant to this paragraph entails the termination of any accessory contract to the one partially completed and it is limited to the case in which the accessibility of the Product (s) have become unavailable.
Alternatively and without prejudice to this right, the user can accept one of the following proposals made by the Seller:
i) if it is possible to restock the Products subject of the Multiple Order become unavailable, the user can accept a delay in the delivery terms for these Products and the seller will indicate a new delivery time for the same;
(i) if it is not possible to restock the Product and /or Products become unavailable , the supplier can replace those Products with different ones with equivalent value.
The choice of the user must be promptly communicated to the Seller through the "Private Area" section in the User's personal account.
5.7 In case the user wants to apply the right of resolution pursuant to art. 61, IV and V paragraph of the Consumer Code, the purchase contract concerning the Product and /or the Products become unavailable will be partially terminated, limited to this /these Product/s, with consequent restitution, if it has already been paid, of the due amount for these Products, including delivery costs, calculated as indicated in the art. 10.3 below, and any other possible due additional costs linked to these Products ("Partial Due Amount "). The resolution of the whole Multiple Order will be possible only in case of evident and proven accessories of the Products covered by the Multiple Order which have become unavailable with respect to the other Products object of the Multiple Order still available. The Partial Due Amount in relation to the Product/ s that has/have become unavailable will be reimbursed to the user without undue delay and, in any case, within the term of 14 working days from the day of termination of the contract. If the user does not make any choice pursuant to the art. 5.6 above, the Supplier will reimburse the Partial Due Amount without undue delay and, in any case, within 14 working days from the day following the dispatch of the order. The refund amount will be communicated to the user by e-mail.
In case of payment made by credit card or PayPal, this amount will be credited with the same payment method selected by the user for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, the Supplier will ask the user to provide, by e-mail, the bank details necessary to complete the refund. The termination of the purchase contract pursuant to the preceding articles entails the resolution of any other possible accessory contract.
6. Information about the Products
6.1 Each Product is accompanied by its Product Card. Images and descriptions on the Site reproduce their characteristics as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of the computer systems or the computers used by client for their display. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product, contained in the order form sent by the user, will prevail.
7.1 All Product prices published on the Site are reported in Euros, they include VAT and, where applicable, of WEEE contributions. Delivery costs, which may change depending on the chosen delivery method and /or according to the used payment method, will be specifically indicated (in Euros and with VAT) during the purchase process, before the user is bound from the contract, in the order summary and in the order confirmation sent by e-mail.
7.2. The Supplier reserves the right to change the price of the Products at any time and also, possibly, several times during the same day. It is understood that the price of the Product that will be charged to the user will be the one indicated in the order summary, displayed before placing the order, and that any changes (in increase or decrease) after the transmission of the order itself.
7.3 In case a Product is offered on the Site at a discounted price, the Site will indicate (i) the full price against which the discount is calculated and (ii) what the full price corresponds to. It is understood that the offer of products at discounted prices will be made only if the full price of the product corresponds to its actual market price.
8. Purchase Orders
8.1 The purchase contract is subject to the completion of the non-payment of the Total Due Amount . If such payment does not take place, the contract will therefore be considered terminated as disposed by the law. About this resolution and the following cancellation of the order, the user will be notified by the Site or by e-mail.
8.2 The ownership of the Products will be transferred to the user at the time of shipment, or better said when the delivery of the Product is entrusted to the carrier ("Shipping"). The risk of loss or damage of the Products, for reasons not attributable to the Supplier, however, will be transferred to the user when he or a third party designated by him and different from the carrier, enters materially into possession of the Products.
8.3 In order to send an order for a Product through the Site, it is necessary to read and carefully examine these General Term and Sale Conditions .
9. Payment methods
9.0.1 Payment for Products purchased through the Website can be completed using the payment methods described in the following paragraphs. Some of them may not be available due to the type of product purchased and /or the delivery or shipping method. In case one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Website during the purchase process. The not available payment methods, in any case, can not be selected by the user during the purchase procedure .
In order to obtain the invoice by the Seller, the User must request it through a special flag at the time of check-out of the order. For the issuance of the invoice, the user has to provide all the necessary information when the order has been sent by the Site and the same has to guarantee they are true and correspond to the authenticity. No change in the invoice will be possible after its issuance. The user undertakes to keep the Seller and the Supplier unharmed and harmless from any damage to the same, including possible sanctions, in case the data supplied by the user through the Site for the invoice are not true.
9.1 Credit Card
9.1.1 Payment of the Products purchased on the Site can be made by credit card directly through the Website. The Supplier accepts VISA, Mastercard, AmericanExpress, Maestro, etc. The accepted credit cards are, in any case, indicated, during the step of the purchase procedure. The charge of the Total Due Amount by the user to the Supplier is made upon transmission of the order.
9.1.2 In order to guarantee safe payments completed on the Website and prevent possible frauds, the Supplier reserves the right to ask the user, by e-mail, to send, by the same, a front / back copy of his / her identity card. In case the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid.
9.1.3 If the Supplier does not receive these documents or receives expired or invalid ones, the contract will be considered terminated pursuant to and for the purposes of Article 1456 of the Civil Code, and the order consequently will be delated, without prejudice to the Supplier's right to compensation for any damage that it may incur due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by the Supplier, will result in the cancellation of the order with consequent reimbursement of the Due Total Amount , if already paid, by crediting it with the same payment used method. In case the Supplier receives on time the valid requested documentation, the delivery terms applicable to the order will start from the date of receipt of this documentation.
9.1.4 The Supplier uses Paypal Business secure payment service. The credit card's confidential data (card number, expiry date, holder, security code) are encrypted and transmitted to the payment manager. Therefore, the Supplier has no access and does not store the data of the credit card used by the client to pay the Products.
9.3.1 Payment for Products purchased on the Site can be made through PayPal. If the user chooses PayPal as payment method, he will be redirected to www.paypal.it site where he will pay the Products according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed by the user with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Supplier. The Supplier is therefore not able to know and does not store credit card data in any way linked to the user's PayPal account or the data of any other payment instrument connected with that account.
9.3.2 In case of payment completed with PayPal, the Total Due Amount will be charged by the latter to the user together with the conclusion of the online contract. In case of dissolution of the purchase contract and in any other case of reimbursement, for any reason, the refund amount will be credited to the user's PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Supplier cannot be considered responsible for any delays or omissions in crediting the user of the refund amount.
In case of dispute the user will have to contact PayPal directly .
10. Methods, fees and delivery terms
10.1.1 Products deliveries are completed in all the countries belonging to the European Union. The delivery obligation is considered fulfilled by transferring the material availability or in any case the control of the Products by the user.
10.2 At the time of shipment, the user will receive an e-mail to confirm the delivery to the carrier together with the tracking number through which he can check the shipment status.
10.3 Delivery is upon payment and, unless otherwise specified, its costs are charged to the user. The amount for delivery costs, charged to the user for a specific order, is expressly and separately indicated (in Euros and with VAT included) during the purchase process, in the order summary and, in any case, before the user proceeds with the transmission of the order. In case of partial withdrawal from Multiple Orders, the total amount for delivery costs to be reimbursed to the user will be equivalent to the delivery costs that the user would have paid for the single Product subject to partial withdrawal, as resulting from the Product Page, according to the specific delivery method selected by the latter. In no case the amount for the delivery to be reimbursed may exceed the amount actually paid by the user for delivery.
10.4 In the order summery and, therefore, before the user proceeds with its transmission, the total price of the order will be indicated, with separate indication of the delivery costs and any other possible additional fee. This total, which will also be indicated to the user in the order confirmation by e-mail, will constitute the total due amount by the user in relation to the Product.
10.5 Home delivery
10.5.1. Products purchased on the Site will be sent and delivered to the address indicated by the user in the order form. For the delivery they will be used the information provided by the user on the Site and the latter guarantees to be true. No change in the invoice will be possible after submitting the order. The user undertakes to keep the Seller and the Supplier unharmed and harmless from any damage to the same, including possible sanctions, in the event that the provided data by the user through the Site for the shipping address are incorrect.
10.5.2 Home Delivery of the Product is intended at street level, unless otherwise indicated. Home Delivery will be made from Monday to Friday during normal office hours (from 9:00 to 18:00), making exception for national holidays.
10.5.3 The user acknowledges that he is obliged to withdraw the Product. In case of non-delivery because the recipient is absent, the courier will leave a notice to document the delivery attempt (also called notice of passage). The notice will also contain the contact details. The user can contact it to arrange a new shipment or to collect the package. In case of a failed delivery attempt, the package will go to the courier's warehouse. The user is required to collect the package within 3 calendar days from the second day following the day on which the Notice of Passing was left. If the user does not collect the Product within this period, the purchase contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Civil Code. The Supplier will then proceed, within 15 working days following the termination of the contract, to the reimbursement of the Total Due Amount, if already paid by the user, less the costs for Home Delivery, the storage costs, the cost of returning the goods to the Supplier and any other fee incurred as a result of a delivery failure due to the absence of the recipient. The termination of the contract and the refund amount will be communicated to the user by e-mail. This amount will be credited through the same payment method used for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the used payment solution. In any case, the Supplier reserves the right to request the user to provide, by e-mail, the bank details necessary to complete the refund.
10.5.4 The user is required to report any particular characteristics relating to the place of delivery of the Product and /or its location, by entering a note inside the order, in the appropriate, available space at the end of the purchase process and before sending the order. In case he does not provide such information or provides incorrect ones, any additional costs that the Supplier must bear to complete the delivery of the Product will be charged to him.
10.6 General delivery provisions
10.6.1 In the product sheet, the Seller will indicate the terms within which he undertakes the deliver of the Products chosen by the user. The terms take into account not only the area and the delivery method, but also the possibility that the user could purchase more Products in the same order. Delivery terms start from the conclusion of the contract (i.e. the sending of the order), unless otherwise indicated. In case the delivery time is not reported, the deliver will occur within thirty days from the date of conclusion of the contract.
10.6.2 In case the purchased Product is not delivered or delivered late with respect to the delivery terms indicated in the Product Sheet, the user, pursuant to art. 61 of the Consumer Code, invites the Seller to make the delivery within an additional period appropriate to the circumstances ("Supplementary Term pursuant to Article 61, Section III, Consumer Code"). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract ("Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code"), without prejudice to the right to compensation for damages. The user is not burdened to grant the Seller of the Additional Term pursuant to art. 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) the Seller has expressly refused to deliver the Products;
b) in compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompain the conclusion of the contract;
c) the user has informed the Seller, before the conclusion of the contract, that delivery by or in a specific date is essential.
In the Excluded Cases, the user, if the client does not receive the Products within the delivery terms indicated in the Product Sheet, is entitled to immediately terminate the contract ("Termination of the Contract in Excluded Cases").
The indication of the Additional Terms pursuant to art. 61, paragraph III, Consumer Code and the communication of Resolution of the Contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases shall be communicated by the user to the Seller through the Supplier to the addresses indicated in art. 15 reported below.
In case the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, the Seller, through the Platform, will reimburse the Total Due Amount to the user without delay. The reimbursement will take place as disposed by the art. 10.6.6 below.
In any case, the Seller, through the Platform, undertakes to notify the user, promptly and by e-mail, of the delivery delay ("Delay Notice E-mail"), indicating the new delivery time, if available ("New Delivery Term").
10.6.3 In case of Multiple Orders having as object Products that must be delivered separately, the disposition of art. 10.6.2 above reported will be applicated for each delivery. With respect to each delivery and therefore, limited to the Products covered by the same, the user may proceed with the establishment of the Supplementary Term pursuant to Article 61, paragraph III of the Consumer Code and to the Resolution pursuant to art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, applying the related assumptions. In this case, the Seller, through the Platform, will refund the Partial Due Amount to the user without undue delay. The reimbursement will take place as disposed by the art. 10.10.6 reported below.
In any case, the Seller, through the Platform, undertakes to promptly send the User a Delay Notice by e-mail, indicating at the same time the New Delivery Time, if available.
10.6.4 All the aforementioned communications must be promptly made by the Seller, through the Platform by e-mail to the address indicated in art. 15 reported below.
10.6.5 In all the cases referred in Articles 10.6.2 and 10.6.3 above, in which the user is due a refund, the amount will be credited through the same payment method used by the user for the purchase, in case of payments made by credit card or PayPal . In other cases, the Seller, through the Platform, will ask the user for the bank details necessary to complete the refund. Any delays may depend on the bank or on the type of credit card used.
10.6.7 The user is responsible to check the conditions of the delivered Products. The risk of loss or damage of the Products, for reasons not attributable to the Supplier, is transferred to the user, when the user, or a third party designated by him and different from the carrier, enters into physical possession of the Products, it is recommended to the user to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (adhesive tape or metal straps) and is invited, in his interest, to indicate on the carrier's transport document any anomalies, accepting the package with reserve. The receipt without reservation of the Products, in fact, does not allow the user to take legal action against the courier, in case of loss or damage to the Products, making exception in case the loss or damage is due to fraud or gross negligence of the same courier and making exception for partial loss or damage not recognizable at the time of delivery, as long as in the latter case, the damage is reported as soon as known and no later than eight days after receipt. If the package shows clear signs of tampering or alteration, it is also recommended that the user promptly notify the Customer Service. In any case, the application of the rules concerning the right of withdrawal and the legal guarantee of conformity remains valid.
11.Right of withdrawal from the purchase of Products
11.1 Without prejudice as disposed by the art. 11-bis reported below, pursuant to articles 52 et seq. of the Consumer Code, the user, as consumer, has the right to withdraw from the purchase contract of the Product, without providing any reasons and without incurring in any additional costs than those ones provided by the articles 11.5 and 11.9 below, within fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days:
a) in case of an order relating to only one Product, from the day on which the user or a third party different from the carrier and designated by the user, takes physical possession of the Products;
b) in case a Multiple Order with separate deliveries from the day on which the user or a third party different from the carrier and designated by the user, takes physical possession of the last Product;
c) in case an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party different from the carrier and designated by the user, takes physical possession of the last lot or piece;
11.2 In order to exercise the right of withdrawal, the user must inform the Seller, through the Platform, before the expiration date of the Withdrawal Period about his decision.
11.3 In order to exercise the right of withdrawal the user can:
(a) use the appropriate procedure available on the Site (in the footer and or in the Private Area) before the conclusion of the contract, filling the specific form as disposed by the Consumer Code, for which the Consumer will receive prompt confirmation in the necessary technical times; or
(b) submit to the Seller any other explicit statement of its decision to withdraw from the contract ("Withdrawal Statement").
11.3-bis Without prejudice to the hypothesis of sending the Declaration of On-Line Cancellation through the Private Area of the Platform, the Withdrawal Declaration may also be sent directly to the Seller at the address shown on the Seller's Card.
11.3-ter In all cases of exercise of the right of withdrawal, regardless of the right of the same, the Seller, through the Platform, will send the user an e-mail confirming the receipt of the request for withdrawal ("E- Email of Confirmation for Withdrawal ").
11.4 The user has exercised his right of withdrawal within the legal term, if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiration date of the Withdrawal Period. In case the user applies for the Declaration of Withdrawal, he is invited to indicate in the it the order number, the Product (s) for which he intends to exercise the right of withdrawal and his address. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiration terms is charged to user, it is in the interest of the latter to use of a durable support when he communicates his decision to the Seller.
11.5 The user must return the Products to the Seller, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to the Supplier his decision to withdraw . The deadline is met, if the user returns the Products before the expiration date of the fourteen-days period ("Term of Return"). The Product, appropriately protected and packed, must be sent to the same address indicated in the waybill that accompanied the delivery of the Product, or indicated in the Manufacturer 's Card in the Platform. Furthermore, the User must immediately notify the Supplier to the email address [email protected]. The deadline is met if the user returns the goods before the expiration of the 14-days period. The return of the Product to the Seller takes place under responsibility and expense of the user.
11.5 If the user withdraws from the contract, the Seller, through the Platform, will reimburse the Total Due Amount paid by the user for the Product, including delivery costs, additional costs resulting from the user's choice for the type of delivery different from the standard ones, less expensive, offered by the Seller, without undue delay and in any case not later than 14 calendar days from the day on which the Seller was informed about the user's decision to withdraw from the contract. The refund will be made using the same payment method selected by the user, in case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, the Seller, through the Platform, will ask the user the bank details necessary to carry on the refund, unless the user has expressly agreed otherwise. In case of partial withdrawal from Multiple Orders, the quantification of delivery costs to be returned to the user as a result of exercising the right of withdrawal will be made as indicated in the art. 10.3 above. In any case, the user will not incur in any costs as a result of such reimbursement, making exception for the fees of return which are charged to him.
The Seller, through the Platform, may suspend the reimbursement until the receipt of the Products or until the demonstration by the user of having sent back the Products, if previous.
11.6 The user is the only responsible for the decrease of goods value as a consequence of Product handling not necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with diligence and returned intact, complete in all its parts, fully functional, accompanied by all its accessories and illustrative sheets, identification tags, labels and disposable seal, where present, still attached to the Product, intact and not tampered, as well as perfectly suited to the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and /or accessories of the Product. In case the product's serial number is included on the product's packaging, it constitutes part of the product and, consequently, it must be returned in the original packaging, which must be placed in a further box, as it cannot be affixed to any other label or ribbon. In the Product Page it will be eventually indicated if the original packaging must be considered part of the Product, to exercise the right of withdraw.
11.7 In case the withdrawal has not been exercised as disposed by the applicable legislation, it will not entail the termination of the contract and, consequently, will not entitle to any refund. The Seller, through the Platform, will notify the user by e-mail within 5 working days of receiving the Product, rejecting the request for withdrawal. The Product will remain at the Seller's disposal for collection, which must take place at the expense and under the user’s responsibility.
11.8 In case the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods different from those ones necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced to an amount equal to this value decrease. The Seller, through the Platform, will communicate to the user about the circumstance and the consequent decreased reimbursement amount, by e-mail, within 5 working days from receiving the Product, providing the same, in case the refund has already been paid, the bank details for the payment of the due amount by the user due to the decrease in value of the Product.
11- bis. Exclusion of the Right of Withdrawal
According to the art. 59 of the Consumer Code - Exceptions to the right of withdrawal - the right of withdrawal is excluded, among others, in the following cases:
i. order of Products made to measure or clearly personalized;
ii. order of Products that can deteriorate or can expire quickly;
iii. order for sealed Products that can not be returned for hygienic reasons, for health protection or opened after delivery.
With reference to the cases of exclusion of the above-mentioned withdrawal, the User, in particular, is informed and accepts that all the Products (including wines, spirits and beverages) are among the Products that "risk to deteriorate or expire quickly", since the characteristics and features of these Products subject to alteration also as a consequence of an inappropriate storage.
Therefore, for hygienic and customer protection reasons, the right of withdrawal is excluded for this type of product sold on the MarketPlace Sardinia eCommerce.
12. Legal Compliance Guarantee
12.1 All products sold on the Site are covered by the legal guarantee of conformity as disposed by the Articles 128- 135 of the Consumer Code ("Legal Guarantee").
12.2 To whom it applies
The Legal Guarantee is reserved to consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to business, commercial, craft or professional activity. Those who have purchased on the Site and who can not be classified as consumers will be covered by the guarantee for defects of the sold thing , the guarantee for defects of promised and essential quality and other guarantees provided by the civil code with the relative terms, forfeitures and limitations.
12.3 When it is applied
The seller is the only responsible towards the consumer for any existing defect of conformity when the product is delivered and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, through the Platform, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from the delivery of the product already existing on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month following the delivery of the product, it will instead be a consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery.
12.4 In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the purchase date and delivery of the goods. Therefore, for the purposes of this text, the user should keep the order confirmation or the purchase invoice as well as the delivery note or any other document that can demonstrate the date of purchase and delivery (for example the credit card statement or the bank statement).
12.5 What is the lack of conformity
There is a lack of conformity when the purchased good:
- is not suitable for the use for which goods of the same type are normally used;
- does not correspond to the description given by the seller and does not present the qualities of goods that the seller presented to the consumer as a sample or model;
- does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the description made in advertising or in the labeling;
- is not suitable for the particular use desired by the consumer and has been brought to the attention of the seller by the time the contract is concluded and that the seller has accepted.
12.6 Any faults or malfunctions caused by accidental facts, by the user's or by use of the product that is not in conformity with its intended use and/or with what is foreseen in the technical documentation attached to the product are excluded from the Legal Guarantee.
12.7 Remedies available to the user
12.7.1 In case of a lack of conformity, duly reported, the user has the right, according the nature of the defective item, of:
- primarily, the free repair or replacement of the good, at his option, unless the requested remedy is objectively impossible or excessively expensive compared to the other;
- secondarily (in case the repair or replacement is impossible or excessively expensive; the repair or replacement has not been carried out within a reasonable time; the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at his choice.
The requested remedy is excessively onerous if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be experienced, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be performed without significant inconvenience for the consumer.
12.8 What to do in case of a lack of conformity
12.8.1. If a Product, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact the Customer Service, reported in the footer of the site or use the contact details indicated in the art. 15 below. The Seller, through the platforms, will promptly reply to the communication of the lack of conformity and will indicate to the user the specific procedure to be followed, also taking into account the product category to which the Product belongs and /or the reported defect.
According to the type of product, Customer Service will indicate to the user if:
(i) the Product can be sent to the Seller for subsequent submission to the competent service center or
(ii) if on-site assistance is provided.
It is understood that the Seller is the only person responsible for the application of the Legal Guarantee in relation to the Products. The Supplier is not responsible for the application of the Legal Guarantee in relation to the products sold by the Sellers.
12.9 In case of art. 12.8 (i) above reported, the Seller, through the platform, will collect the Product and send it to the competent service center. In the case provided by art. 12.8 (ii) above, instead, the Seller, through the platform, will agree with the user a useful date to get access to the assistance on site.
In any case, the competent assistance center will carry out the necessary checks to ascertain the existence or otherwise of the alleged defect. In case the defect exists, if the user has chosen, among the available solutions, the repair, the assistance center will proceed in this way.
If, instead, the user has chosen the replacement and it is not excessively burdensome or objectively impossible for the Seller with respect to the repair, the Seller will replace the Product. If the service center finds a lack of conformity, any repair/replacement and transport costs to the service center will be charged to the Seller. If the service center does not find the lack of conformity, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repair or replacement fees will be charged to the user. The Seller, through the platform, will inform the user of the circumstance and of any costs to be incurred for repair or to replace the product. The Seller, through the platform, reserves the right to send to the user the estimation issued by the service center, so that the user can decide if repair or replace it at his own expense. The user must authorize the repair or replacement at his own expense in a writing form. Following this acceptance, a direct relationship will be established between the service center and the user to whom the Seller will be completely extraneous and no responsibility can be attributed to the latter.
12.10 In all cases, the repair or replacement of the defective Products, if due, will be carried out as soon as possible and in any case, only in exceptional cases or causes of force majeure, within 60 calendar days from the day on which the Seller receives the defective product. In case the initially chosen replacement or repair was not carried out within this deadline, the user may request one of the alternative solutions provided by the Legal Guarantee (replacement, in case the repair had been requested; repair in case it was request for replacement, price reduction or termination of the contract).
12.11 The Seller, through the platform, reserves the right to ask the user to attach the order invoice to the request to apply with the Legal Compliance Guarantee.
13. Manufacturer's Conventional Warranty
13.1 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer / seller ("Conventional Guarantee"). The user can assert this guarantee only against the producer / seller who issued it. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer / seller and are indicated in the c.d. warranty certificate contained in the product packaging. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
14. Marketing of Additional Paid Assistance Services
14.1 The Seller, through the platform, in collaboration with third companies, also in relation to the type of goods sold, can offer to the user the possibility to purchase an additional assistance services ("Additional Assistance Services") which allow the user to take advantage of technical assistance in relation to the Product in combination with which they are sold or, to any product, in case of stand alone sales, after the expiration of the Legal Guarantee and /or the Conventional Warranty, under the conditions and with the limitations established by the companies providing these services and described in the relative general conditions that will be available to the user before he can purchase the Additional Assistance Services.
The Additional Assistance Services do not replace, limit, affect or exclude the Legal Guarantee due from the Seller, of which the consumer can always avail, under the conditions provided by law. The Additional Assistance Services are provided by third companies with respect to the Seller whose details will be showed during the purchase process before the user can conclude with the Seller, through the platform, the contract that gives him the right to use these services.
14.2 The purchase of the Additional Assistance Services is upon payment and therefore requires the payment of a fee by the user. This cost, any other detailed information on the Additional Assistance Services, on the supplying companies and how to activate them will be provided during the purchase process before the user can proceed with the purchase of this service.
14.3 In all cases of termination, for any reason, including the exercise of the right of withdrawal, of the purchase contract of the Product in relation to which the user has purchased the Additional Assistance Services, the purchase contract for these services is terminated by law, without costs for the consumer and with consequent return to the user of what he paid for the purchase of the Additional Assistance Services.
15. Customer Assistance and Complaints
15.1 It is possible to ask for information, send communications or make complaints by contacting MarketPlace Sardinia eCommerce customer service ("Customer Service") at the following addresses:
through the form present in the Customer Service Section in the site footer;
by e-mail: [email protected];
by ordinary mail, writing to PBM Srl, Piazza L’ Unione Sarda 24, Post Code 09122 Cagliari (CA);
15.2 The Supplier will answer to complaints by e-mail or ordinary mail within a maximum of seven days from its receipt.
16. Applicable law; Out of court settlement of disputes - Alternative Dispute Resolution /Online Dispute Resolution.
16.1 The purchase contract concluded on the Site is ruled by Italian law.
16.2 In case a user has his residency not in Italy but in another country, the provisions provided by the law more favorable belonging to the different country, in which the user has his habitual residence is reserved, in particular in relation to the term for the year of the right of withdrawal, at the end for the return of the Products, in case of exercise of this right, to the formalities, communication of the same and for the legal guarantee of conformity.
16.3 It is recalled that in case of a consumer user, for any dispute relating to the application, execution and interpretation of these Sale Conditions, the jurisdiction of the place where the user resides or has elected domicile is competent. The Court of Cagliari will be responsible for all the other users.
16.4 According to the art. 141-sexies, paragraph 3 of the Legislative Decree dated 6th September 2005, n. 206 (Consumer Code), the Supplier informs the user who is a consumer pursuant to art. 3, paragraph 1, letter
a) of the Consumer Code, which, in case he has submitted a complaint directly to the Seller / Supplier, after which it has not been possible, however, to resolve the dispute thus arisen, the Seller/Supplier will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these Sale Conditions (cc.dd. ADR bodies, as indicated in articles 141-bis and following the Consumer Code), specifying whether it intends to make use of such bodies to resolve the dispute. The Seller /Supplier also informs the user , qualified as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, which established a European platform for the online resolution of consumer disputes (so called ODR platform). The ODR platform can be consulted at the following address: //ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved. In any case, the right of the consumer to refer to the competent ordinary judge for the raised dispute according to these Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code. User who lives in a member state of the European Union different from Italy, can also access, for any dispute relating to the application, execution and interpretation of these Sale Conditions, to the European procedure instituted for modest disputes entity, from the Regulation (EC) n. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00.
The text of the regulation can be found on the website www.eur-lex.europa.eu