The following definitions apply for the purpose of these general sales conditions:
- Website: the website https://shop.zintek.it/
- Products: books.
- General Conditions: the general sales conditions for the Products, in the updated version at the time the purchase is made.
- Seller: Zintek srl with sole shareholder, Tax Code and VAT Reg. No. 03644560272 no. REA VE-326006 with registered office in Via delle Industrie 22 – 30175 Porto Marghera (VE), pec firstname.lastname@example.org; email email@example.com, tel +39 041 290 18 66 – fax +39 041 290 18 34.
- Client: any legal entity or natural person, of legal age according to Italian law, that makes a purchase of the Products through the Website, acting in the capacity as a professional or consumer; that is, in the latter case, with purposes not related to a commercial, business or professional activity carried out.
2. Object, scope and storage of contractual documents
The General Conditions discipline the terms and conditions that apply to all purchases of Products made by Clients through the Website.
Clients are obliged to keep a copy, also a hardcopy version, of the General Conditions, as well as all the emails received from the Seller, that will be an integral part of the contractual agreements between the parties.
3. Product Characteristics
The Products are sold by the Seller in accordance with the sector rules and regulations.
The images of the Products present on the Website could contain slight differences compared to reality due, on one hand, to possible technical limits of the graphic tools used by the Website and, on the other hand, to the characteristics of the hardware tools used to visit the Website.
For further information refer to the documentation delivered to the Client along with the Products, without prejudice to the possibility of contacting the Seller in the ways indicated in same documentation.
4. Finalization of the sales agreement
During the purchase procedure, the Products selected will be displayed in the “Shopping basket”, where the unit price of each Product, the applicable delivery cost and the total price given by the sum of these items will be indicated.
Please note that the payment of any customs duties and charges, where applicable, will be borne by the Client.
Access to the site does not entail any additional cost or charge on top of those due to your own operator for the normal use of the internet service.
The order can be placed following the purchase procedure, subject to acceptance of the General Conditions; at the same time, you will be required to pay the full price of the selected Products using PayPal or a credit card (the following credit/debit cards are accepted: VISA, Mastercard, American Express, Discover, Aurore and Maestro).
Placing the order implies the obligation to pay the full price.
The sales agreement is considered finalized at the time of payment of the full price by the Client.
When the order is received, the Seller will send the Client a confirmation e-mail that contains the identity number, the date and time the order was placed, the Products purchased, the total price and the individual items making up the total price, the billing data and delivery details, the method of payment used and a copy of the accepted General Conditions.
The order will be fulfilled in the technical times needed to check that the payment made by the Client has been received by the Seller.
5. Availability of the Products – withdrawal by the Seller
The Seller reserves the right to withdraw, also only in part, from the sales agreement, in the case of unavailability or partial unavailability in stock of the Products ordered, subject to timely communication to the Client; the right of withdrawal may be exercised by the Seller only within 30 (thirty) days following the finalization of the sales agreement.
In this case, the Seller will return to the Client the full price of the Products purchased or, in the case of partial withdrawal, the price of the Products not delivered, in the ways agreed on with the Client.
6. Delivery of the Products
The Products ordered will be delivered to the Client, by the courier chosen by the Seller, without undue delay and, at the most, within 30 (thirty) days following the finalization of the sales agreement.
In the case of delays for technical reasons, the Seller will contact the Client in good time to agree on a new delivery date.
The delivery service offered by the courier may not cover, even only temporarily, some countries or some specific territories. In this case, the Website will block the purchase procedure; in this case the user is invited to contact the Seller to check if the purchase and delivery can be made by other means.
The Client must check the integrity, quantity and type of Products delivered and their compliance with the subject of the order as well as the integrity of the packaging.
Any defects and/or non-conformities must be reported to the courier immediately, in accordance with the procedures applied by same.
It will be the responsibility of the Client to store the documentation certifying the delivery and his/her observations about any defects and/or non-conformities.
If deemed necessary, the Client can contact the Seller at the addresses indicated, sending a copy of the above-stated documentation, in order to activate the applicable legal and contractual guarantees.
7. Conformity Guarantee
The guarantees established in applicable laws regarding Product conformity defects, existing at the moment of the delivery, apply to the sale of the Products.
In the case of a conformity defect, the Client acting in the capacity as a consumer has the right to the rectification, without cost, of the non-conformity of the Product purchased, through repair or substitution, or to an appropriate reduction in the price or termination of the sales agreement, in accordance with the provisions of Italian Legislative Decree no. 206 (“Consumers’ Code) of 6 September 2005 articles 128 – 135.
To be able to activate the legal guarantees, the Client must keep the documents accompanying the Products as well as the documentation attesting delivery of the Products and observations regarding defects and/or non-conformities.
The Client must contact the Seller, at the addresses indicated, to agree on how to return non-conforming and/or faulty Products.
The Seller is responsible for conformity defects if the defect is detected in the times established in applicable laws, taking effect from the delivery of the Products.
The Client will lose the right to the legal guarantees if he/she does not report the conformity defect to the Seller by the deadlines established in applicable law provisions following the date of its discovery.
Any minor difference in the Products delivered, in the shape, measurement and colour, or in other aspects, compared to the images present on the Website are not considered conformity defects.
8. Withdrawal by the Client acting in the capacity as a consumer
The Client acting in the capacity as a consumer may withdraw from the sales agreement, in accordance with Italian Legislative Decree no. 206 (“Consumers’ Code) of 6 September 2005 articles 52 -59, without the need for justification, within 14 (fourteen) days following the day on which the Client, or the person delegated by same (other than the courier), has taken physical possession of the purchased Products.
The right of withdrawal can be exercised using the specific form that can be found on the Website, or by sending any other form of express declaration of his/her decision to withdraw from the sales agreement.
To exercise the right of withdrawal, it is sufficient for the Client acting in the capacity as a consumer to communicate his/her decision, in the ways described, before the expiry of the period specified in the first paragraph of this article.
The form, duly filled in, dated and signed, may be sent to the Seller also by email to firstname.lastname@example.org; the Seller will promptly communicate to the Client acting in the capacity as a consumer, to the email address indicated by same on the form, confirmation of receipt of the withdrawal. Clients must keep a copy, also on hardcopy, of this communication made by email.
After exercising the right of withdrawal, the Client acting in the capacity as a consumer must return the Products purchased, sending them to the Seller’s address, without undue delay and, in any case, within 14 (fourteen) days following the date on which he/she communicated to the Seller the decision to withdraw from the sales agreement. The deadline is respected if the Client acting in the capacity as a consumer sends back the goods before the expiry of the above-stated period of 14 (fourteen) days.
The Products must be returned intact and complete with all the accessory elements.
The direct costs of returning the Product will be borne by the Client acting in the capacity as a consumer.
The Seller will refund the full price paid by the Client acting in the capacity as a consumer, minus any supplementary costs charged at the moment of the purchase of the Products, if the Client acting in the capacity as a consumer has expressly chosen a more economical type of delivery offered by the Seller.
The Seller will make the refund without undue delay and in any case within 14 (fourteen) days following the date on which he/she is informed by the Client acting in the capacity as a consumer of withdrawal from the sales agreement, using the same means of payment used by the Client, unless otherwise agreed and provided that the Client has not borne any cost as a result of the refund.
The Seller will retain the amounts to refund the Client acting in the capacity as a consumer until the returned Products have been received or until the Client demonstrates that he/she has shipped the goods, depending on which situation occurs first.
9. Information – after sales service – complaints
Any requests for information or after sales service, or a complaint regarding a specific order must be made by contacting the Seller at tel. +39 041 290 18 66 or e-mail email@example.com.
10. Copyright and intellectual property
All the content and design features of the Products present on the Website are protected by Italian and international laws protecting copyright and industrial property, insofar as applicable; publication on the Website does not imply any authorization to use them, even in part.
11. Limits of responsibility
The Seller cannot be in any case considered liable for incorrect or improper use of the Products sold, or for the work of third parties involved in the management or performance of the payment or Product delivery operations and in any other operation linked to the performance of the sales agreement made through the Website, without prejudice to the binding limits of law.
The Seller is not responsible for any fraudulent or illegal use of credit/debit cards by third third parties.
Neither of the parties will be responsible for full or partial non-fulfilment or delay in the performance of their obligations caused by circumstances of force majeure; events of force majeure can include, by way of non-limiting example: epidemics, wars, riots, uprisings, cyber-attacks, unauthorized accesses and/or hacking of the Website’s server, technical faults, strikes of any nature.
12. Applicable law and settlement of disputes
The General Conditions are regulated by Italian law, hereby including, where applicable, the provisions of Legislative Decree no. 206 (“Consumers’ Code) of 6 September 2005, and Legislative Decree no. 70 of 9 April 2003 (“Implementation of directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce”).
In order to prevent the insurgence of legal disputes, the Client will promptly communicate any complaints to the Seller.
It is also noted that the European Commission provides a platform for alternative out-of-court settlement of disputes on the site http://ec.europa.eu/odr.
If an amicable solution to the question cannot be reached, the parties shall submit disputes arising from the purchase and sale of Products through the Website to the place of jurisdiction according to the laws of Italy.
Any translation of this document into a language other than Italian is provided for information purposes only.
The only legally valid and binding version of the General Conditions is the Italian one.
14. Modifications and update of the General Conditions
The General Conditions can be modified and/or updated, in full or in part, at any moment by the Seller, for justified reasons related to the marketing of the Products.
The most recent modification date is indicated at the foot of this document alongside “Latest update”.
These modifications are considered as being communicated and are binding for users at the moment of their publication on the Website.
The finalization of purchases, following any modification, implies acceptance by the Client of the General Conditions in the updated version that can be consulted therein.
Latest update 11 February 2022