Terms and conditions of the service
TERMS AND CONDITIONS
The capitalized terms provided below have the following meanings:
"Account":the customer's account after registering on the website.
"Customer":the website user who intends to place an order.
"Order confirmation":has the meaning given in the following paragraph 5.
"Consumer Code":indicates the legislative decree 6 September 2005, n206 and subsequent amendments.
"Custom Product":indicates any Product that can be customized using the configurator available on the website.
"Delivery address":the address provided by the Customer pursuant to the Order in which the Product will be delivered.
"Exept":Exept Srl, with registered office in Via Felice Casati 20, 20124 Milan (MI), VAT number 01721020095.
"Gift Voucher":means a card that may be available on the website, issued by Exept and prepaid by the customer, with which the customer (or another beneficiary) has the right to purchase products on the websitesGift vouchers must be valid for a period of one year from their issue.
"Order":indicates the purchase order sent by the Customer in order to purchase any Product for sale on the Site.
"Parties":means, jointly, the Customer and Exept.
"Party":means the Client or Exept.
"Product":means any product for sale on the website.
"Terms":means these terms and conditions.
"Voucher":means a credit issued by Exept that can be used to purchase products on the websiteThe voucher is valid for a period of one year from its issue.
The Conditions apply to the purchase of the Products and ancillary services made by the Customer through the WebsiteBy submitting the order, the customer accepts these termsNo terms, conditions or warranties other than those identified in the Terms and, in general, in the Agreement, or comprehension, oral or written, which claim to modify the terms and conditions contained in the Customer Order or in the shipment release forms , or elsewhere, will be binding on Exept unless subsequently formulated in writing and signed by Exept's authorized representative.
The Client is informed of Exept's explicit refusal of any term incompatible with the Agreement or any other term proposed by the Client and not accepted in writing by ExeptExept's subsequent failure to object to any term, nor the delivery of the products or services, will constitute Exept's agreement to any term.
Exept reserves the right to modify or correct the Terms from time to time without noticeCustomer's habitual use of our website or placing an order following the posting of changes to these Terms will result in Customer's acceptance of those changes.
It is the Customer's responsibility to ascertain and comply with all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use, purchase of any Product.By placing an Order, the Customer declares that the Products ordered will be used only in a lawful manner.
- SELLER INFORMATION
Company name:Exept Srl
Registered office:Via Felice Casati 20, 20124, Milan (MI)
- PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of the products and services described or represented on this website are subject to change at any time and without notice.
Weights, measurements and descriptions are approximate and are provided for convenience onlyExept makes all reasonable efforts to accurately display the attributes of our Products, including applicable colors; however, the actual color displayed by the Customer will depend on his computer system and Exept cannot guarantee that the computer used by the Customer accurately displays these colors.
The inclusion of any products or services on this website at any given time does not imply or warrant that such products or services will be available at any time.
All information provided pursuant to Article 49 of the Consumer Code, such as information on the seller, price, taxes, delivery costs, essential attributes of the products and any other information required by Italian law, are available on the website. and the Customer may have access to such information before submitting the Order.
The Products sold on the Site comply with the Italian laws in force on the date of execution of the OrderProducts purchased on the website can be delivered throughout the Territory.
For any clarification regarding the Products and their use, the Customer has the right to contact the Customer Service at firstname.lastname@example.org .
Any Order is subject to acceptance by Exept which reserves the right, at its discretion, to refuse the Order even without any reason, including but not limited to the following cases:
- The Order cannot be executed due to some errors in the information or data provided by the Customer, for example with reference to the delivery address or regarding the payment (wrong number or expiry date of the credit card, etc.);
- The website contains errors relating to the price or description of the products;
- The products on the website are no longer available.
In the case of the purchase of customized products, the acceptance of the Order is subject to the advance payment of an amount equal to 40% of the price of the ProductIn case of non-payment of this amount, Exept will have the right to suspend or cancel the Order.
In case of acceptance of the Order and, in any case, after the collection of 40% of the price of the Product, Exept will send the order confirmation by e-mail ("Order Confirmation") to the e-mail address communicated by the Customer together with the Order and/or used to register the AccountThe e-mail sent to the Customer as a receipt of an Order does not constitute an Order ConfirmationExept cannot be held responsible in the event that the e-mail address communicated by the Customer is incorrect or in the event that the Customer does not receive the Order ConfirmationIn such cases, the purchase of the Products will be considered valid.
The remaining 60% of the price will be due when the Product is ready for shipmentIn any case, the Product will not be shipped until Exept has collected the full amount due from the Customer.
Notwithstanding the order confirmation, Exept reserves the right to suspend or cancel the order and/or delivery of the products in the event of non-payment or partial payment of any sum owed by the customer to Exept, as well as in the event of fraud or attempted fraud also with reference to previous ordersFurthermore, Exept reserves the right, without notice, to limit the order quantity on any Product or service and/or to refuse service to any Customer.Exept may also request the verification of information before the acceptance and/or shipment of any Order, even after the Order Confirmation.
In case of refusal of the Order, Exept will notify the Customer of this refusal within 30 working days from the date of dispatch of the Order.
The Customer does not have the right to cancel the Order once it has been sentIn this case, the Customer may contact Customer Service to try to resolve the problemThe Customer, if applicable, has the right to withdraw as provided for in paragraph 11 below.
The prices indicated on the website are in Euros including VAT, excluding delivery costsDelivery costs are charged to the Customer and are calculated and invoiced at the end of the Order in addition to the selected ProductsThe system will automatically add the shipping costs.
Shipping costs and times are available at the following link
In case of purchase of customized products, the Customer must pay, at the time of submitting the Order, an amount equal to 40% of the priceThe balance will be paid before the Products are shipped.
For all other products, the shipment of the goods is subject to payment of the total amount of the order.
The Customer declares and warrants that he is authorized to use the payment method selected at the time of placing the Order.
Any bank charges are charged to the customer, even in the event of a refund.
In the event of non-payment or partial payment, Exept reserves the right to charge interest on arrears starting from the tenth day following the date of the Order Confirmation.
The payment methods are:
- Bank transfer:we will send you our bank details as soon as the order is completed
- PayPal:in this case, the Customer will be redirected to the PayPal platform to finalize the payment transaction;
- Voucher, if available;
- Gift certificate, if available.
Exept reserves the right to suspend or cancel the Order and/or the delivery of the Products in the event of non-payment or late payment or partial payment of any sum owed by the Customer to Exept, as well as in the event of fraud or attempted fraud also with reference to previous orders.
Exept reserves the right to request a copy of the Customer's identity document for any payment made by credit card, as well as any other information relating to the Customer's identity in order to ensure the security of transactions made through the website.
- DELIVERY OF PRODUCTS
The Product ordered by the Customer will be delivered to the delivery address provided pursuant to the Order.
Products purchased on the website can be delivered throughout the territoryFor shipping, Exept uses the shipping services offered by a primary forwarder.
Delivery takes 7 (seven) days from the date of shipmentThe courier will make 3 (three) delivery attemptsThe customer is provided with a tracking numberThe location service is available on the site here .
The Products travel at the Customer's risk.
The time required for delivery is indicative, subject to change and will start from the e-mail sent by Exept confirming the shipment of the Products.Exept cannot be held responsible for any damage deriving from (or other consequences caused by) delays in the execution of the Order or delays in the shipment or delivery of the Products or damage to the Products during transport by the courier.
- PACKAGING DEFECTS
Upon receipt, the Client, or anyone on his behalf, should verify that:
- The package is intact, not damaged, wet or altered in its packaging; any complaints must be communicated to the courier and reported at the time of signing the withdrawal, mentioning"withdrawn subject to verification"and also notified by e-mail to Exept Customer Service at the following e-mail address email@example.com; otherwise the package will be considered correctly delivered;
- The Products correspond to what is indicated in the transport documents and/or invoice both in terms of quantity and type; any complaints must be communicated to the courier and be highlighted at the time of signing for collection, mentioning"withdrawn subject to verification"and also notified by e-mail to Exept Customer Service at the following e-mail address firstname.lastname@example.org; otherwise the contents of the package will be considered free of imperfections and/or defects.
It is also possible, at the Customer's discretion, to apply an insurance policy on the Product as a guarantee for any damage that may occur during transport, with an additional cost for the Customer which may vary depending on the means of transport and destination and which must be required before payment is completed, by sending a written request via e-mail to email@example.com.
- DEFECTS OF PRODUCTS
In case of defective or damaged Products, the Customer must send an e-mail to firstname.lastname@example.org or send a letter to Exept Srl, Via Felice Casati 20, 20124, Milan (MI) to promptly inform the Customer ServiceCustomer Service will provide instructions for returning productsThe Customer will have the rights referred to in art130 of the Consumer Code and must follow the instructions provided by the Customer Service, otherwise the Customer will not be able to receive any refund or repair or replacement of the ProductsFurthermore, the defective Product must be sent to Exept in its original packaging, otherwise the Customer will not be entitled to receive any refund, repair or replacement of the Products.
Upon receipt of the returned Product, Exept will fully examine the Product and notify the Customer of their right to a repair, replacement or refund by email within 30 days of receipt of the defective Products.Exept will endeavor to carry out the repair, refund or replacement as soon as possible and, in any case, within 30 days from the day on which Exept has confirmed to the Customer that it is entitled to a refund or to the repair or replacement of the Product not compliant.
In the event of the existence of any defect, the defective Product will be repaired or replaced or refunded in full, including a refund of the delivery costs and any reasonable costs incurred by the Customer in returning the Product.Exept will always refund any amount of money using the method used to make the payment by the Client.
If, after examining the Product, Exept does not detect any defects, the Customer will not be entitled to any refund, repair or replacement and the Product will be delivered to the Customer at the Customer's expense.
- RIGHT OF WITHDRAWAL
Pursuant to and for the purposes of art52 of the Consumer Code, the Customer has the right to withdraw without giving any specific reason within 14 days of receipt of the Product and to receive a full refund of the price of the Products (excluding delivery costs).
The Customer acknowledges and accepts that the right of withdrawal is excluded with reference to all personalized items as required by art59 of the customer codeTherefore, the right of withdrawal can only be exercised with reference to non-customized spare parts (if available on the website) as follows:
by registered mail to be sent to Exept Srl, Via Felice Casati 20, 20124, Milan (MI)
or by e-mail to email@example.com.
The Customer can use the following withdrawal form provided in Annex I, part B of the Consumer Code:
"To Exept Srl
The undersigned __________ withdraws from the contract concluded for the purchase of the following products [describe the products], ordered on _________ (or received on __________)
- Name, surname, address
In case of exercise of the right of withdrawal, the Product must be returned in its original packaging, complete in all its parts no later than 10 working days from the next notification to Exept.
The Products must be intact, opened by the Customer after delivery, the Products must not have been used, worn, washed or damagedIn any case, the exercise of the right of withdrawal is reserved exclusively for people who purchase the Product for purposes not related to a business, commercial, craft or professional activity:therefore, the right of withdrawal cannot be exercised by Customers who download VAT on purchases or where there is an entrepreneurial, commercial, craft or professional activity.
The shipping costs for returning the Product to Exept are charged to the CustomerThe Customer has a legal obligation to take reasonable care of the Products and is responsible until delivery to ExeptOnce the Products have been delivered to the following address:Via dell'Artigianato 91A 17024 Finale Ligure (SV) Italy, Exept will examine all returned Products and notify the Customer via e-mail of the approval of the refund within a reasonable period of time.In accordance with the Consumer Code, Exept has the right to deduct from any refund due, any decrease in the value of the returned Products caused by improper handling of the Products.
The refund, which includes the entire Order or the part of the Order involved in the withdrawal, will be made by Exept using the same method originally used by the Customer to pay for the purchase within 14 (fourteen) days of receipt of the Products and only if the Products are in the conditions indicated to exercise the right of withdrawalExept will not be responsible for delays caused by the refund policies of credit/debit card companies.
The right of withdrawal is lost if the Product is not returned intact, namely:
- without original box
- without Product elements (accessories, removed parts, etc.)
- in case of damage to the product.
Exept guarantees that the Products are free of any discrepancy/defect in accordance with Italian laws.
- LIMITATIONS OF LIABILITY
The liability of Exept in relation to any Product purchased through the Website is strictly limited to the purchase price of that Product.
Exept is not responsible in case, in unforeseeable circumstances or force majeure, it is unable to deliver the order within the terms provided by the website or in case of any other inefficiencyExept cannot be held responsible for any inefficiencies or malfunctions in relation to the use of the Internet and actions beyond the control of Exept itself.Exept will not be liable in case of damages, losses and costs offered by the Customer as a result of the non-execution of the Order for reasons not due to Exept, as the Customer is entitled to a refund of the amount paidExept is not responsible for any illegal or fraudulent use by third parties of credit cards, pay slips or any other means of payment at the time of the same of the purchased products, if Exept has used all possible measures according to its knowledge available up to at the time the event occurred.
- ACCURACY OF INFORMATION
Exept is committed to ensuring that the information on this website is complete, accurate and up-to-dateDespite your best efforts, the information on this website may occasionally be inaccurate, incomplete or out of dateExcept as prohibited by applicable Italian law, Exept makes no representations regarding the completeness, accuracy or currency of any information on this website.Additionally, Exept may make changes to pricing and availability information without notice.
- INTELLECTUAL PROPERTY RIGHTS
All content on or displayed on the Website, including but not limited to text, graphics, photographs, images, videos, sounds and illustrations ("Content"), is the property of Exept, its licensors, vendors, agents and/or its Content ProvidersAll elements of the website and products, including but not limited to the general design and content, are protected by commercial image, copyright, moral rights, trademarks and other laws relating to intellectual property rightsThe website may only be used for the intended purpose for which such website is made availableExcept as otherwise indicated in specific documents within the website, customers are authorized to view, reproduce, print and download documents, audio and video on our website for personal, informational and non-commercial purposes only.Client may not modify any of the materials and Clients may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the WebsiteExcept as authorized by copyright laws, customers are responsible for obtaining permission before reusing any copyrighted material available on the websiteFor the purposes of these Terms, the use of such materials on any other website or networked computing environment is prohibitedThe Client shall comply with all applicable national and international laws, statutes, ordinances and regulations regarding the Client's use of the Website.The website, its content and all related rights will remain the exclusive property of Exept or its licensors unless otherwise agreed.
Any communication, consent, authorization requested or permitted by the Contract must be in writing sent by registered mail (with report) and/or e-mail:if to the Customer, to the e-mail address and/or address used to register the account and if to customer service at the following address firstname.lastname@example.org.
This Agreement constitutes the entire agreement and supersedes all previous agreements and understandings (both written and oral) of the Parties regarding the subject matter of this document and cannot be amended or otherwise modified except in writing executed by the Parties.
In the event that a provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, that provision will be enforced to the fullest extent permitted by applicable law and the other provisions of this Agreement will remain in full force and effect.
No failure or delay by either party in exercising any right, power or remedy under this will operate as a waiver of this, nor will any single or partial exercise of such right, power or remedy preclude any other or future exercise. of the same or the exercise of any other right, power or remedy.
- APPLICABLE LAW AND JURISDICTION
This Agreement will be governed and interpreted in accordance with Italian law.
Any dispute arising out of or in connection with the interpretation and execution of this Agreement will be subject to the jurisdiction:
(i) of the Customer's city of residence, if the purchase of the Product is made by subjects who purchase the Product for purposes not connected to a business, commercial, craft or professional activity;
(ii) of the Court of Milan, if the purchase of the Product is made by persons who purchase the Product for purposes related to a business, commercial, craft or professional activity.
For reasons of clarity, customers who make purchases with VAT are considered customers who purchase the product for purposes related to a business, commercial, craft or professional activity.
- ONLINE DISPUTE RESOLUTION (ODR)
The European Commission offers consumers the opportunity to resolve disputes online pursuant to art14 paragraph1 of the ODR on one of their platformsThe platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can attempt to reach out-of-court solutions to disputes arising from online purchases and service contracts.