These General Conditions of Sale (“General Conditions”) govern the business relationships between Armare s.r.l., which acts in the exercise of its business activity, and the final customers. Where the end customers are represented by natural persons acting for purposes unrelated to the entrepreneurial, handicraft or professional activity carried out (hereinafter “Consumer”), the specific provisions and dispositions dictated by the Consumer Code will apply exclusively to them. referred to in these General Conditions - with reference to distance contracts stipulated with in Consumers. In these cases, these General Conditions are drafted pursuant to Title III, Chapter I, Section I (“Contracts negotiated away from business premises” - articles 45 and following) and Section II (“Distance contracts” - artt, 50 et seq.) Part III of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”).
2. Information for the Consumer
2.1 In accordance with the requirements of Articles 52 and 53 of the Consumer Code, these General Conditions govern the sale of products (“Products”) manufactured and / or marketed under the Armare brand, a trademark owned by the Armare s.r.l., registered in the Register of Companies of Udine to the REA n. 193995, P. IVA 02841690304, with registered and operative office in San Giorgio di Nogaro, Via Meucci, 3 - Z.I. Aussa Corno, italy.
3.1 All contracts at distance and / or negotiated outside the business premises for the sale of Products by Armare s.r.l., to its Customers, by telephone, internet, fax, e-mail or mail ordinary, are governed by these General Conditions which form an integral and substantial part of each purchase order of the Products (“Order / s”). Armare s.r.l. reserves the right to make changes to these General Conditions at any time in the event that these changes are necessary to comply with mandatory provisions of law, prior to Armare s.r.l., vis-à-vis third parties, with the need for purely organizational needs. The updated version of the General Conditions can be consulted on the www.armareropes.com website. The General Conditions applicable to each Order are those in force on the date of the Order. The Order must be sent complete with these General Conditions specifically approved in writing, on the Order form, ex artt. 1341 and 1342 CC The Order may be sent by e-mail to the e-mail address indicated on the Website. Orders placed by e-mail are confirmed by the Customer through payment and after acceptance by by Armare s.r.l..
3.2 Each Order constitutes a contractual acceptance of the Customer and the sale is concluded upon receipt of the Order form by Armare s.r.l., at the operational headquarters.
3.3 In case of non-execution of the Order by Armare s.r.l., due to unavailability, even temporary, of the Products, Armare s.r.l., will promptly inform the Customer, reimbursing any advances received for these Products. In this case, the Customer will not be entitled to any further reimbursement or compensation or compensation of any kind and Armare s.r.l. will therefore be released from its obligations, with the consequent termination of the contractual relationship between the parties
4.1 The prices of the Products published by Armare s.r.l., on the site are valid for deliveries in Italy, and remain blocked once the purchase order has been completed and confirmed. The same prices may be changed by Armare s.r.l. without notice, and include VAT calculated on the basis of the pro tempore rate in force. Armare s.r.l., reserves the right to apply any different rates according to the provisions of the law in force on the date of the Order. The sales prices of the Products include delivery costs exclusively in the standard mode (“Standard Delivery”) referred to in point 5.2 of the following article.
5. Payment and delivery of the Products
5.1 The payment of the Products can be made in a single solution in advance, together with the sending of the Order form, by an advanced bank transfer or online payment by credit card. In the case of professional interlocutors, the payment terms in force apply to them.
5.2 The Standard Delivery is carried out by courier (“Carrier”) and refers to the closest point to the address indicated by the Customer in the Order, in Italy or in another State, reachable by the Carrier. The transport includes the relative unloading but not the porterage and transport to the floor.
5.3. In the case of distance contracts and / or negotiated outside the business premises pursuant to art. 54 of the Consumer Code, the 30-day deadline for the execution of the order transmitted by the Consumer to the Armare s.r.l. must be considered non-binding. Armare s.r.l., in accordance with normal industry practices, will in any case do what is reasonably possible to comply with the delivery terms mentioned.
6. Characteristics of the Products
6.1 Armare s.r.l., reserves the right to modify, without notice, the characteristics of its production according to the continuous technological evolution.
6.2 The Customer is responsible for the selection of the Products ordered and for the correspondence and compliance with the requirements of the specifications indicated by Armare s.r.l.. Armare s.r.l., does not give any guarantee regarding the compatibility of the Products with other products or equipment used by the Customer, nor provides any guarantee regarding the suitability of the Products for the specific use desired by the Customer.
6.3 Any deficiencies or damage visible at the time of delivery and clearly due to transport will be borne by Armare s.r.l., without any charge to the customer, provided that it is expressly mentioned on the accompanying document of the Products and the request is proven by appropriate photographic documentation.
6.4 Customer complaints regarding any defective or missing parts must be sent to the Armare s.r.l. headquarters, within 8 days from receipt of the Products accompanied by appropriate photographic documentation.
6.5 Armare s.r.l., is exonerated from any responsibility for the use and assembly that is made of the materials sold. Armare s.r.l., is exonerated from any responsibility for any direct and / or indirect damage caused by such assembly and the quality of the work performed.
6.6 For warranty assistance regarding defects of conformity of the Products (“Warranty”), the Customer must retain, as proof of purchase, the relevant invoice. The Guarantee applies to Products that show conformity defects existing at the time of delivery, provided that the Products have been used correctly and with due diligence, also in relation to the maintenance of the same. The Guarantee is not provided for the deterioration of the Products resulting from their normal use, nor for damage to Products due to events after delivery. In case of return, the Customer must return the Products intact, then complete in all their parts. Armare s.r.l. reserves the right to verify the integrity of the returned goods and to withhold from reimbursement any depreciation, also due to damage to the Products for reasons other than transport.
6.7 Except in the event that the Customer makes the purchase of the Products as a Consumer, Armare s.r.l. reserves the right to exclude, suspend or cancel the Guarantee against any customers who default on payments.
7. Conformity of the Products in the contracts with the Consumers. Warranty, Terms and Disclaimer
7.1 Armare s.r.l., undertakes to deliver to the Consumer Products that comply with the sales contract, pursuant to art. 129 of the Consumer Code. The 24-month warranty pursuant to the Consumer Code applies to the product that has a lack of conformity, provided that the product is used correctly, respecting its intended use and as provided in the technical documentation. There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer.
7.2 The Consumer must report to Armare s.r.l., the lack of conformity within two months from the discovery of the defect, accompanying the complaint with appropriate photographic documentation, decaying - otherwise - the possibility of exercising the rights referred to in the Code of consumption.
7.3 In case of conformity defects reported by the Consumer within the terms, the Consumer can ask Armare s.r.l., at his choice, to repair the product or replace it, without charge in both cases (with exclusive reference to only costs that are indispensable for making Products compliant), unless the remedy requested is objectively impossible or excessively burdensome with respect to the other. One of the two remedies is to be considered as excessively burdensome if it requires Armare s.r.l., unreasonable expenses compared to the other, taking into account: a) the value that the asset would have if there was no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
7.4 After reporting the lack of conformity by the Consumer, Armare s.r.l., may offer the Consumer any other remedy available, with the following effects: a) if the Consumer has already requested a specific remedy, Armare s.r.l., remains obliged to implement it, unless the consumer accepts the alternative remedy proposed; b) if the Consumer has not already requested a specific remedy, he must accept the proposal or reject it by choosing another remedy.
7.5 If, following an intervention by Armare s.r.l., the defect declared by the Customer does not result in a lack of conformity pursuant to the applicable legislation, the Customer will be charged for any costs of verification, restoration and transport.
7.6 The warranty information referred to in this article is also made to the Consumer pursuant to art. 53, paragraph 1, letter c) of the Consumer Code.
7.7 Except in cases of additional conventional guarantees, or other mandatory provisions of applicable law, Armare s.r.l., will not be otherwise responsible for defects in conformity of the Products.
8. Consumer’s right of withdrawal.
8.1 Only in the case of contracts and / or distance contract proposals or negotiations outside the business premises, the Consumer has the right to withdraw without penalty and without specifying the reason, within fourteen working days from the day of receipt of the Products from part of the Consumer.
8.2 The right of withdrawal is exercised by sending, within the terms provided for in clause 8.1, a written communication to the Armare s.r.l. operational headquarters, by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, telex, e-mail and fax, provided it is confirmed by registered letter with acknowledgment of receipt within forty-eight hours.
8.3 The notice of withdrawal must indicate the order number with reference to which the right of withdrawal is exercised, the Product that the Consumer intends to return and the indication of the method chosen for the return in his favor of any sum paid in the price account.
8.4 If the delivery of the Product has already occurred, the Consumer who has validly exercised the right of withdrawal must return it or make it available to Armare s.r.l., (at its headquarters) or the person designated by it within fourteen working days from the date of receipt of the Product (for the purpose of expiry of the term the goods are returned when they are delivered to the accepting post office or the forwarder). It is an essential condition for the exercise of the right of withdrawal the absolute integrity of the Product to be returned. The Consumer who will make use of the right of withdrawal will be required to return the product intact, then complete in all its parts, unused and in the original packaging. The references of the order object of the withdrawal must be indicated on the goods and on the return documents. Armare s.r.l., reserves the right to verify the integrity of the returned goods and to withhold from reimbursement any depreciation, also due to damage to the Products for reasons other than transport.
8.5 The shipping costs of the goods returned are to be borne by Armare s.r.l.. In the event that the conditions necessary to exercise the right of withdrawal exist, the Consumer, in order to enjoy free shipping, must contact the Armare headquarters and agree with the staff in charge to set a collection date for the goods object of the return. The consumer who intends to make use of the right of withdrawal, by means / couriers of the delivery of the goods to Armare s.r.l., can not in any way be reimbursed for the costs incurred for shipping the goods object of the return.
8.6 If the right of withdrawal is exercised by the Consumer in accordance with the provisions of this article, Armare s.r.l. will reimburse sums paid by the Consumer. The reimbursement will take place free of charge, within the period of twenty working days from the delivery of the goods and in any case within thirty days from the date in which Armare s.r.l., has become aware of the right of withdrawal from part of the Consumer. The amounts are reimbursed within the terms if they are actually returned, shipped or credited with a currency not later than the expiration of the previously indicated term.
8.7 The Consumer can not exercise the right of withdrawal in the case of supply of Products made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.
8.8 With the receipt by Armare s.r.l., of the notice of withdrawal within the terms and in accordance with the methods specified, the parties are dissolved by the respective obligations arising from the contract or the contractual proposal.
9. Applicable Law and Competent Court.
9.1 These General Conditions are governed by Italian law.
9.2 For disputes that may arise in the interpretation and execution of these General Conditions, the Court of Udine will be exclusively competent, with the exclusion of any competing or alternative forum.
9.3 For disputes that may arise with the Consumers in the interpretation and execution of these General Conditions, the judge of the place of residence or domicile of the Consumer will be the competent authority, if located in Italy.
Last update: May 2018