General condition of sale

Effective from 28/04/2022

Whereas:

These General Terms and Conditions of Sale govern the offer and sale of products on this website www.sinesia.com

The products marketed on the Website, i.e. XX, are offered and sold by the company Gruppo Sinergia S.r.l., with registered office in Viale Artigianato, 32 – 37064 Povegliano Veronese (VR), registered with the Chamber of Commerce of Verona, under number VR – 372994, tax code and VAT number 03879570236 (hereinafter referred to as the “Seller”).

Before completing any on-line purchase of products on the Website, the User must carefully read and accept these General Terms and Conditions of Sale that the Seller makes available to it in the “Terms and Conditions of Sale” section and which it is allowed to save and reproduce, as specified below.

In any case, please read the Terms of Use of the Website, the Consumer Policies and the provided pursuant to the so-called GDPR for personal data processing, as well as the Cookie Policy.

  1. Definitions, subject matter and scope

1.1 Definitions.

In these general terms and conditions, terms appearing with a capital letter, whether singular or plural, shall have the meaning given below, unless a different meaning is indicated:

  • “Force Majeure” means events beyond the Seller’s control, including but not limited to pandemic and epidemic events or other natural disasters, strikes, lockouts or other trade union actions by third parties, civil disturbances, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat or preparation for war, fires, explosions, storms, floods, earthquakes, subsidence or failure of public or private telecommunications networks;
  • “Consumer Code”: the Legislative Decree No. 206 of 6 September 2005, as amended and supplemented, as in force at the date of publication of the General Terms and Conditions;
  • “General Terms and Conditions of Sale” or just “General Terms and Conditions”: these General Terms and Conditions for the sale of Products on the Website, which constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce (for the terms and conditions of use of the Website and access to the Platform, please also refer to the Terms of Use of the Website, which can be accessed via the link Terms of Use of the Website);
  • “Order Confirmation”: the statement confirming the Order issued by the Seller, in accordance with the General Terms and Conditions;
  • “Consumer”: pursuant to Article 3, paragraph I, letter a) of the Consumer Code, natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to their entrepreneurial, commercial, professional or craft activities and who use the Platform, on a personal basis, in accordance with the Terms of Use;
  • “Cookie Policy”: the information provided to Users regarding the use of cookies through the Website, including how to set their preferences, available at Cookie Policy
  • “Credentials”: username and password, which the User will be asked to choose at the time of Registration. The Credentials chosen by the User during Registration will allow subsequent access to the “My Account” area;
  • “GDPR”: the EU Reg. 679/2016 on the processing of personal data;
  • “Operator”: Pettenon Cosmetics S.p.A. S.B., an Italian company that designs and creates websites and technological solutions for users and operators of the Internet, including directors, managers, employees, agents, representatives, partners and any licensors; the Operator may act – with respect to Users and for the purposes of these General Terms and Conditions – on behalf of the Seller, as manager of the Platform and of certain Services, as per the Operator’s appointment as external data processor pursuant to Article 28 of the GDPR and in accordance with the provisions of the Privacy Policy;
  • “Total Amount Due”: the total amount due, consisting of the Product price, the Shipping costs, if any, and any other additional costs, as resulting from the Order Confirmation;
  • “Consumer Policies”: the policies provided to Consumers in accordance with the Consumer Code, namely the Withdrawal Policy and the Legal Guarantee of Conformity Policy, on returns or complaints, available at Withdrawal Policy and the Legal Guarantee of Conformity Policy;
  • “Privacy Policy”: the policy provided to Users, pursuant to Article 13 of the GDPR on personal data processing, available at Privacy Policy;
  • “Order Form”: method of issuing an Order without Registration, for the purchase of Products pursuant to Article 4.2 of these General Terms and Conditions;
  • “My Account”: the User’s personal profile, which is activated only after Registration and which is subsequently made accessible to the User, by entering the Credentials, for access to the Platform, in accordance with the provisions of the General Terms and Conditions;
  • “Order”: the purchase proposal issued by the User through MyAccount or by filling in the Order Form on the Website, in accordance with Article 4.2 of the General Terms and Conditions;
  • “Multiple Order” means Orders for several products;
  • “Party” or “Party”: the Seller and/or the Operator and/or the User, severally or jointly;
  • “Platform”: the online platform for the sale of Products, accessible via the Website. The Seller may link to or establish an association with third-party websites, hosted platforms, and other products and services. It will be possible to connect to these third-party services through the Platform in accordance with the conditions of use as detailed in the Website’s Terms of Use and the applicable personal data processing legislation;/li>
  • “Product” and “Product Information Sheet”: SINESIA, produced and sold by the Seller through the Platform, in the quality and quantity specified in the relevant Product Information Sheet, which indicates its main characteristics as well as its price including VAT;
  • “Professional”: the User which is not defined as a Consumer within the meaning of the Consumer Code and these General Terms and Conditions.
  • “Registration”: registration of the User, with e-mail and password (the first will work as a username) for the Account to be created and the Credentials to be issued;
  • “Platform Services” or only the “Services”: the services provided by the Seller and/or the Operator through the Platform, which consist of making information services on the Products available to the Users, as per the relevant Product Information Datasheets, sales, after-sales and customer service services, services in the event of withdrawal, returns or complaints, in accordance with the provisions of the General Terms and Conditions and the relevant Consumer Policy, available at General Terms and Conditions and the relevant Consumer Policy;
  • “Website”: the website Sinesia
  • “Shipping”: means the delivery of the Product by the Seller to the courier, for shipping to the address specified by the User in the Order;
  • “Terms of Use”: the terms and conditions for access to the Website, available Terms of Use;
  • “User”: the user of the Website and/or the Platform to place Orders and purchase Products, as a Consumer or Professional.

 

1.2 The General Terms and Conditions of Sale shall apply to all sales of Products made via the Platform. By accessing the Platform and clicking on the appropriate “accept” button and/or using the Platform Services, the User declares that it has read and agrees to be bound by these General Terms and Conditions, which may be accessed together with the Consumer Policies, the Privacy Policy, the Cookie Policy and the Terms of Use of the Website.

1.3 If the General Terms and Conditions are accepted on behalf of third parties (natural or legal persons, bodies, associations or other entities), the User represents and warrants that it has the power of representation and, in any case, that it is legitimately authorised to render acceptance of the General Terms and Conditions, thereby binding the represented party.

1.4 If the User does not accept these General Terms and Conditions, it may not access and/or otherwise use the Platform and/or Services. 

1.5 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective from the moment they are published on the Website, in the “Terms and Conditions of Sale” section. Users are thus urged to visit the Website on a regular basis and, prior to any purchase, to read the most recent version of the General Terms and Conditions of Sale. Continued use of the Platform and/or Services following the publication of amendments to these General Terms and Conditions shall imply acceptance of such amendments.

1.6 The applicable General Terms and Conditions of Sale are those that most recently became effective and were published on the Website.

1.7 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than the Seller which show on the Website via links, banners or other hypertext links, as provided for in the Terms of Use of the Website, which are available at Terms of Use of the Website.

  1. Accessing the Website, Registration and Purchases on the Website

2.1. The purchase of Products on the Platform on the basis of the procedure set out in Articles 3 and 4 below, is only permitted to persons aged 18 years or over. The User represents and warrants that it is of legal age and possess the legal capacity required by law to accept the General Terms and Conditions and undertake to comply with their provisions, noting that the Services are not intended for minors under 18 years of age. The Seller and/or the Operator reserve the right to verify by reliable, legal and permitted means, whether a User is in fact a person over the age of 18, and, if necessary, to prevent them from having access to the Services and/or cancel their User’s Account. Persons under 18 years of age may not make purchases on the Website. Such persons therefore are not allowed to register and make purchases on the Website.

Purchasers that are not Italian citizens may only purchase Products on the Website if they are of legal age under their national law. The User which makes purchases on the Website agrees to hold the Seller harmless from any liability in the event that the User made purchases on the Website without complying with its national law on age limits.

2.2.The User undertakes to comply with the General Terms and Conditions and acknowledges that the Seller reserves the right, at its sole discretion, to refuse, annul and/or cancel Orders of Products that come from: i) a User with which the same has an ongoing legal dispute, including for the recovery of any sums of money or credits; ii) a User that has violated the General Terms and Conditions; iii) a User that has been involved, to the Seller’s knowledge, according to news and information that is not expressly confidential and/or that is in the public domain, in fraud of any kind and, specifically, in fraud relating to credit card payments; iv) Users that have provided false, incomplete or otherwise inaccurate identification data during the Registration and/or Order issuance phases.

 

  1. Website registration and purchases via My Account

3.1 The User may always register to the Operator’s My Account free of charge. Registration is not compulsory. Upon Registration, the User shall enter its Credentials to enable access to My Account and the Credentials shall subsequently be requested at each login. When creating your My Account, you must provide accurate and complete data and information. Any personal data collected through Registration will be processed in accordance with the Privacy Policy, available at Privacy Policy.

3.2 My Account memberships are governed by special contractual conditions which are available at this link.

3.3 In the event of a request for cancellation of My Account, the Seller may temporarily retain all or part of the account information for the sole purpose of executing any purchases made and/or completing accounting or tax procedures.

 

  1. Purchases via the Platform

4.1 Purchases of Products on the Platform are made by issuing an Order: i. via My Account, in accordance with the provisions of Article 3 of the General Terms and Conditions; ii. as a non-registered User and by filling in the Order Form by clicking on “Add to basket” for the Order to be issued, with a payment order, in accordance with the provisions of Article 4.2.

4.2 IIn accordance with Legislative Decree of No. 70 of 9 April 2003, laying down provisions on electronic commerce, and in any case in compliance with the provisions of the Privacy Policy available at this link, the Seller informs the User that:

  1. i) in order to enter into the contract for the purchase of one or more Products on the Website, the User shall fill in the Order in electronic format, by clicking on the “Add to basket” button where it will be possible to complete the order with an “Order Form with obligation to pay” being issued. The User shall send the latter to the Platform electronically, following the instructions that will be provided on the Website at each step of the procedure, proceeding to the payment of the Total Amount Due, as provided for in Article 6 of the General Terms and Conditions and indicating the Shipping address, as provided for in Article 9 below;
  2. ii) before sending the Order, the User will be able to identify and correct any data entry errors by following the instructions on the Website.

When issuing the Order, through MY Account or by issuing the Order Form, in accordance with the provisions of Articles 3 and 4.2 of the General Terms and Conditions, the User will be asked to enter its personal identification information (name, surname, residence address or registered office, telephone number, tax code and VAT number, etc.). Additional invoicing data in accordance with Art. 6.5 and Shipping data will be requested. The personal data collected with the issuance of the Order will be processed by the Seller and/or the Freight Forwarder and/or third parties providing services for the operation of the Platform in accordance with the provisions of the Privacy Policy, which is available at this link.

4.3 Once the Order – issued with MY Account or with the Order Form, according to Articles 3 and 4.2 of the General Terms and Conditions – has been received and registered on the Platform, and after confirmation is received of the validity of the payment method used, as well as of the Shipping address, according to Articles 6 and 9 of the General Terms and Conditions, the User will be sent an Order Confirmation via e-mail to the e-mail address indicated at the time of Order, and in an automated way, according to the functionalities of the Platform. The purchase contract shall be entered into upon issuance of the Order Confirmation containing:

  1. a) a summary of the General Terms and Conditions of Sale, including the Consumer Policies, if applicable, and the Privacy Policy, which form an integral part thereof, as well as of the special conditions applicable to the Order Confirmation. Such conditions shall prevail over the General Terms and Conditions in the event of conflict,
  2. b) information on the essential features of the Product purchased and the relevant Product Information Sheet,
  3. c) details of the Total Amount Due.

You should keep the e-mail received as proof of purchase.

4.4 The Order Confirmation will be filed in the Platform’s database for the time required for its completion and, in any case, in accordance with the procedures and time limits established by law.

4.5 Users must issue their Order and the Order Confirmation, as provided for in Articles 3 and 4.2 of the General Terms and Conditions, in Italian. Customer Services, as provided for in Article 12 of the General Terms and Conditions, will be able to communicate with the Users in Italian.

4.6 Please note that the Seller will not accept orders by telephone and/or e-mail or in any other manner other than as provided for in Articles 3 and 4.2 above. Telephone and/or e-mail orders may therefore not be used.

 

  1. Product information; Prices and Product Availability.

 

5.1 The Products on sale are those described on the pages of the Website, where each Product is accompanied by a Product Information Sheet. This information may be subject to modifications, periodic updates, for the purpose of further improving the Product, in accordance with the provisions of the General Terms and Conditions and Consumer Policies, available at this link.

For purchases made in accordance with Articles 3 and 4 of the General Terms and Conditions, the Product description set out in the Product Information Sheet, as per the Order issued through My Account or the Order Confirmation, shall prevail.

5.2 All the prices of the Products published on the Website are provided in EUR and are inclusive of Value Added Tax (VAT). Any additional costs shall be expressly and separately specified in the Order Form, before the User places the Order.

5.3 The Seller hereby reserves the right to change the price of the Products at any time, without prior notice, it being understood that the price charged to the User will be the one included in the Product Information Sheet at the time the Order is placed with My Account and/or at the time of the Order Confirmation in accordance with the provisions of Articles 3 and 4.2 of the General Terms and Conditions and that any fluctuations (upwards or downwards) following the transmission of the same shall not be taken into account.

5.4 Products may be offered for sale on the Website at discounted prices. The full price indicated on the Website and against which the discount applied by the Seller is calculated, corresponds to the list price published on the Website.

5.5 If a Product is offered on the Website at a discounted price, the Product Information Sheet shall also indicate the full price with respect to which the discount has been calculated.

5.6. The Product Shipping costs may be fixed or variable, and are calculated according to the number of Products selected and/or the destination address of the Products, as per the Order Confirmation. Shipping costs may also be included in the sale price of certain Products or may be free of charge if the total amount of the Order exceeds a specific value or following a specific promotion. However, the User shall always be informed of the Shipping costs amount before concluding the purchase procedure, placing the Order and making the payment.

The number of Products offered on the Website is limited. The Product ordered may, therefore, no longer be available after the Order is placed, also due to the possibility that several Users purchase the same Product at the same time.

5.7 If the Product referred to in the Order is unavailable, without prejudice to the other rights attributed to the User by law and, specifically, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the Seller shall immediately notify the User by e-mail to the e-mail address specified in the Order or at the time of Registering on the Website. If this occurs, the Seller shall not issue an Order Confirmation and the purchase shall not be completed.

5.8 If the User, or Consumer, avails themselves of the right of Withdrawal referred to in Article 61, paragraphs IV and V, of the Consumer Code, and the payment of the Total Amount Due has already been made, the Seller shall refund the Total Amount Due promptly and, in any case, within 14 calendar days from receipt of the notice of withdrawal sent by the User. Please refer, in any case, to the provisions on withdrawal in the Consumer Policy, available at this link.The amount of the reimbursement shall be communicated to the User by e-mail to the e-mail address provided when registering on the Website or when issuing the Order Confirmation and credited to the same means of payment used by the User for the purchase. Any delays in crediting the amount may depend on the type of credit card or the form of payment used. In any case the value date of the credited sum shall be the same as the charged sum.

5.9 Paragraphs 7 and 8 above shall also apply in the case of a Multiple Order if (i) all the Products covered by the Multiple Order are unavailable or (ii) only some of the Products are unavailable, it being understood that in the latter case such provisions shall only apply in relation to the unavailable Products.

 

  1. Payments

6.1 Upon issuing the Order, in the manner provided for in Articles 3 and 4.2 of the General Terms and Conditions, the User shall pay the Total Amount Due, in accordance with the payment methods provided for in Article 8 of the General Terms and Conditions. Placing an Order entails an obligation to pay; the Platform will not issue the Order Confirmation until it receives confirmation of the successful payment of the Total Amount Due, without prejudice, in any case, to the provisions of Article 9 below regarding the Shipping address.

6.2 If the Total Amount Due is not paid or the successful completion of the payment is not confirmed, no Order Confirmation will be issued, the Order will be annulled/cancelled and the purchase contract will not be entered into.

In that case, the User will be notified by e-mail to the e-mail address provided at the time of Registering on the Website and/or upon placing the Order pursuant to Article 4.2 of the General Terms and Conditions of the failure to issue the Order Confirmation and the resulting cancellation of the Order.

6.3 The Products shall remain the Seller’s property until the Order Confirmation has been issued.

6.4 In the Order Confirmation e-mail, in addition to the content referred to in Article 4.2, the User will also find an indication of the Order number, which will be needed for all subsequent communications with the Seller, as well as the invoicing address.

6.5 The tax invoice request must be submitted with the Order, in accordance with the provisions set forth in Art. 3 or Art. 4.2 of the General Terms and Conditions, and involves the addition of further information required to fill in the tax document. The User accepts that the invoice related to the purchase of the Products, issued by the Seller, be sent to the e-mail address that the User will have communicated when registering on the Website or when placing the Order. A copy will then be sent to the User that has requested it in accordance with this Article 6.

 

  1. Right of Withdrawal

7.1 The User-Consumer has the right to withdraw from the contract for the purchase of the Product, without having to provide any reason, within fourteen calendar days of receipt of the Products, without having to incur any costs other than those provided for in the Consumer Policies, which is available at this link and which the User expressly declares that it read and accepted and to which reference is made, as documents annexed to these General Terms and Conditions and forming an integral part thereof.

7.2 If the withdrawal is not exercised in accordance with the provisions of the applicable legislation, as set out in the General Terms and Conditions and Consumer Policies, it shall not result in the termination of the contract and, consequently, shall not entitle the consumer to any return or refund, as set out in the Consumer Policy, which is available at this link.

7.3 If, pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be specifically and expressly communicated in the Consumer Policy, which is available at this link and, in any case, during the purchase process, before the User places the Order.

 

  1. Payment methods

8.1 Payment of the Total Amount Due may be made by: credit or debit card, or by PayPal, as provided for directly by the operators of the chosen payment systems. The User will be redirected to the websites of the operators of the payment services chosen and shall pay the Total Amount Due according to the authentication and payment procedure provided for and regulated by these operators, in accordance with the terms and conditions of the contract agreed between the User and these operators. the conditions of which may be accessed via the link.

8.2 To guarantee the security of payments, Users are reminded that the operators of the payment systems chosen in accordance with the procedures set out in Article 8.1 may require the User to recognise, through an automated system, the data indicated by the User before making the payment of the Total Amount Due.

8.3 In case of failure to have the data authenticated, according to Art. 8.2 above, resulting in failure to pay the Total Amount Due, the Order placed through MY Account or pursuant to Art. 4.2 of the General Terms and Conditions will be cancelled and the Seller will not issue any Order Confirmation

8.4 The personal and confidential data relating to the payment method used (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment operator referred to in Article 8.1 without passing through the Platform and the servers used by the Seller, in accordance with the security procedures implemented by the Seller and the Operator, as provided for in the Privacy Policy, available at this link. The Seller therefore shall never have access to nor store any data relating to the payment means used by the User to pay for the Products.

 

  1. Shipping of Products – Consumer Services

9.1 The Products purchased on the Website shall be shipped to the Shipping address indicated by the User and listed in the Order Confirmation. 10.8 The Shipping obligation is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) to the User. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the User, once the latter or a third party designated by the User other than the courier materially gains possession of the Products once Shipping is complete.

9.2 The Seller will only ship the Products purchased on the Website in Italy, San Marino or the Vatican City State. Therefore, the User’s Shipping address entered in the Order form must be located within Italy, San Marino or the Vatican City State.

In addition, Shipping cannot be carried out at post boxes or mail stops.

9.3. If the Shipping address is outside Italy, San Marino or the Vatican City State, or is carried out at a post box or mail stop, the Seller will not issue the Order Confirmation.

9.4 The Product Shipping costs, which may vary depending on the Shipping method chosen by the User, and any other additional costs, shall be borne by the User, as included in the Total Amount Due.

The amounts shall be expressly and separately indicated (in Euros and including VAT) in the Product Information Sheet and in the Order Confirmation

9.5The Shipping terms are those indicated in the Order Confirmation. They shall become effective from the moment the Order Confirmation is issued. If no deadline term is indicated, the Shipping will, in any event, be made within thirty days of the date on which the Order Confirmation is issued. Shipping times are calculated only considering business days and excluding Saturdays, Sundays and public holidays.

9.6 When Shipping takes place, that is to say when Products are handed over to the courier, a Shipping Confirmation e-mail containing a link that will enable the User to monitor the Shipping progress shall be sent to the User.

9.7 It is the responsibility of the User to check the conditions of the Product upon delivery. Therefore, the User is hereby advised to check the integrity of the packaging and the number of Products received and to note any anomalies on the courier’s shipping document. If the packaging shows obvious signs of tampering or alteration, the User should promptly notify Customer Service of such signs. This is without prejudice to the application of the rules on the right of withdrawal and the legal guarantee of conformity, in accordance with the provisions of the relevant Consumer Policies, available at this link and which the User expressly declares to have read and accepted. For Professional Users, the guarantees in accordance with the law apply.

9.8 The User acknowledges that, as a result of the purchase contract, it is under a specific obligation to collect the Product. In the case of failure to complete Shipping due to the absence of the recipient at the address specified in the Order Confirmation, the courier shall leave a notice in the letterbox adding a contact number. The courier shall then make a second delivery attempt. After two failed attempts to deliver the product, the parcel shall be placed in the “unclaimed goods” section. Customer Service shall send an e-mail to the User to have the package held in storage released and ensure that it is delivered as soon as possible. If necessary, the Customer Service department shall agree on a different delivery address with the User. If this attempt is also unsuccessful or the User does not respond to the Customer Service’s attempt to contact it, the Product shall be sent back to the Seller, and the contract shall, in any event, be deemed terminated in accordance with Article 1456 of the Italian Civil Code and the purchase order shall be considered cancelled 14 calendar days after the first delivery attempt.

The Seller shall thus arrange, within 14 business days from termination of the contract, the refund of the Total Amount Due paid by the User, deducting the expenses for the unsuccessful Product delivery, the expenses for returning the Product to the Seller and any other expenses it may have incurred due to the recipient’s absence. The user shall be informed of the contract termination and the amount of the refund by e-mail.

If, before the expiry of the thirty-day period, the User asks to be provided with the Product again, the Seller shall arrange for a second Shipping upon charging, in addition to the shipping costs, the costs of returning the Product to the Seller and the costs of storage.

9.9 If the purchased Product is not delivered or its delivery is delayed with respect to the terms of Shipping indicated in the Order Confirmation, the User-Consumer, in accordance with Article 61 of the Italian Consumer Code, shall urge the Seller to perform delivery within an additional time limit, suitable to the circumstances (“Additional Time Limit under Article 61, paragraph 3, of the Italian Consumer Code”). If this additional time limit expires before the Products are delivered, the User shall be entitled to terminate the contract (“Termination of the Contract in accordance with Article 61, paragraph 3, of the Italian Consumer Code”), without prejudice to the right to compensation for damages.

The User shall not be obliged to grant the Seller the Additional Time Limit pursuant to Art. 61, paragraph 3, of the Italian Consumer Code (“Exceptions”) if a) the Seller has expressly refused to deliver the Products; b) compliance with the delivery period specified during the purchase process and in the order confirmation shall be deemed crucial based on all the circumstances around the entry into the contract; c) the User has informed the Seller, prior to entering into the contract, that delivery by or on a specific date is essential. Where one of the Exceptions applies, if the User does not receive the Products on or before the delivery time indicated during the purchase process and in the Order Confirmation, the User is entitled to terminate the contract immediately, without prejudice to the right to claim damages (“Termination of Contract where Exceptions apply”).

The User shall notify the Seller of the Additional Time Limit pursuant to Art. 61 paragraph 3 of the Italian Consumer Code and of the notice of Termination of Contract pursuant to Art. 61, paragraph 3 of the Italian Consumer Code or Termination of Contract where Exceptions apply at the addresses set forth in Article 13 below.

In the event of Termination of Contract pursuant to Art. 61, paragraph 3, of the Italian Consumer Code or Termination of Contract where Exceptions apply, the Seller shall refund the Total Amount Due to the User-Consumer without undue delay. The refund shall be completed as specified in Article 9.11 below. This is without prejudice to the possibility for the User to avail itself, at any time, of these remedies and/or the ordinary remedies made available by law and, specifically, by Chapter XIV of Title II of Book IV of the Italian Civil Code.

9.10 In all cases where a refund is due to the User, in accordance with this Article 9, the refund amount shall be notified to the User via e-mail. The refund shall be credited to the User through the same payment means used for the purchase. Any delays may depend on the type of credit card, or the form of payment used. In any case the value date of the credited sum shall be the same as the charged sum.

 

  1. Legal garantee of Conformity

10.1 The Products sold on the Platform that can be accessed through the Website may be covered, for Consumers, by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Italian Consumer Code (“Legal Guarantee of the Consumer”), in accordance with the provisions of the Consumer Policies, including the Legal Guarantee of Conformity Policy, which is available at this linkand which the User expressly declares to have read and accepted and to which reference is made, as documents annexed to these General Terms and Conditions and forming an integral part thereof.

10.2 It is understood that the Legal Guarantee exclusively applies to the benefit of Consumers, while Professional Users are covered by the legal guarantees applicable to them.

 

  1. Applicable law and jurisdiction, out-of-court settlement of disputes – Alternative dispute resolution (ADR)

11.1 The General Terms and Conditions shall be governed by Italian law, the application of the so-called Vienna Convention being expressly excluded.

11.2 The courts of the place where the User resides or has elected domicile shall have jurisdiction, for Consumers, over any dispute relating to the application, implementation and interpretation of these General Terms and Conditions of Sale. With regard to Professional Users, the Court of Padua shall have jurisdiction.

11.3 An exception applies to User-Consumers whose habitual residence is not in Italy, to whom any more favourable and binding laws of the Country in which they habitually reside shall apply, particularly with regard to the term for exercising the right of withdrawal, the term for returning Products (where this right is exercised), the forms and procedures for communicating said exercise and the Legal Guarantee of Conformity, in accordance with the provisions of the Consumer Policies, available at this link.

11.4 Pursuant to Article 141-sexies, paragraph 3, of the Italian Consumer Code, where the User-Consumer has submitted a complaint to the Seller, following which a negotiated solution could not be found, in accordance with the provisions of the appropriate Policy (available at this link), the Seller shall provide the User-Consumer with information regarding the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes in relation to obligations deriving from a contract entered into with the Consumer on the basis of the General Terms and Conditions of Sale (so-called ADR bodies, as specified in Articles 141-bis et seq. of the Italian Consumer Code).

11.5 The Seller also informs User-Consumers that a European platform for the on-line resolution of consumer disputes (the ODR platform) has been established. The ODR platform is available at the following link: http://ec.europa.eu/consumer/odr/; through the platform in question, the consumer may find a list of ADR bodies and the related links to their respective websites, and initiate an online dispute resolution procedure to resolve the dispute in question.

11.6 The above is without prejudice to the right of User-Consumers to resort to the court with jurisdiction in relation to any disputes stemming from these General Terms and Conditions of Sale, regardless of the outcome of the out-of-court procedure, as well as to initiate an out-of-court dispute resolution procedure pursuant to Part V, Title II-bis of the Italian Consumer Code where the relevant requirements are met.

11.7 Users residing in a member state of the European Union other than Italy may, in addition, have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, performance and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed EUR 2,000.00, excluding interest, fees and expenses. The text of the regulations may be consulted at www.eur-lex.europa.eu.

 

  1. Customer Service

12.1 Customer Service may be contacted in accordance with the provisions of the Consumer Policies, available at this link. Users may request information, send notices, request assistance or submit returns or complaints by contacting Customer Service in the following ways:

-by e-mail to customercare@sinesia.com;

-by filling in and sending the Customer Service contact request form, available in the Website “Contact Us” section;

Customer Service will respond within five working days of receipt of requests by e-mail, to the address provided during Registration or when issuing the Order Form. To this end, Users’ personal data shall be processed in accordance with the provisions of the Privacy Policy, which is available at this link.

 

  1. Privacy and Cookie

The Seller warrants that the Users’ personal data are collected and processed in compliance with the GDPR and applicable legislation on personal data processing.

The User is requested to read and refer to the provisions of the Privacy Policy and the Cookie Policy, which are to be considered an integral and substantive part of these General Terms and Conditions.

If necessary, for the use of specific services, the User may also be asked to provide its express consent to the processing of its personal data./p>

 

  1. Force Majeure

14.1 If Force Majeure Events take place which affect the performance of the Seller’s and/or Operator’s obligations under these General Terms and Conditions:

 

  1. a) the User shall be informed as soon as reasonably feasible;

 

  1. b) the obligations of the Seller and/or the Operator under these General Terms and Conditions shall be suspended and the period for performance of such obligations shall be extended for the same amount of time as the duration of the Force Majeure Event.

 

14.2 In the event that Force Majeure Events affect the delivery time of the Product, the Seller shall arrange for a new Shipping date when such Event has been resolved. In any case, the right of Withdrawal shall remain available to the Consumer, as provided for in the policy available at this link.

 

  1. Express double acceptance

Pursuant to Article 1341 of the Italian Civil Code, the User represents to have carefully read the following articles, the content of which it specifically approves: Art. 5 (PRODUCT INFORMATION; PRICES AND AVAILABILITY OF PRODUCTS), Art. 7 (RIGHT OF WITHDRAWAL), Art. 11 (APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION (ADR)).

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