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Terms of Sale

General Provisions

These General Contract Conditions govern sales activities through the website (hereinafter the Site). The type of contract is that. The sales activity generates a so-called remote contract governed by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce and the legislation referred to in the Consumer Code in the event that the User is a consumer. By sending the purchase order and the consequent payment of the price, the user declares to accept all the conditions and terms contained in this contract. Therefore, the user is invited to carefully read these contract conditions, the product specifications and the descriptions published on the Site.

Definitions

The User acknowledges that the meaning attributed to the termology used in the contract and in the general contract conditions entails the following meanings:
Customer: any subject (natural or legal person) who purchases one or more Products and/or the Service offered contextually through the Online Shop by accepting the General Conditions. Contract: agreement between the seller and the User for the purchase and sale of the products and/or services offered on the site as described in it under the general conditions of sale shown here. General Conditions: rules for the regulation of the agreement compravendita.Order Confirmation: communication by mail and e-mail with which EsseDiTech notifies the Customer/User of the acceptance of the Order.
Cart: Area of the site where the User forms the Order and sends it to the Seller. Credentials: personal identification codes chosen by the User (User ID and Password) necessary for the User to access the personal area of the Site.Purchase order: purchase contract proposal sent by the User to the Seller.Online shop: virtual shop, managed by EsseDiTech and accessible via the URL SicilFree.com through which it is possible to purchase the Products.
Parties: contracting parties i.e. Seller and User (consumer or legal person). Price: total cost of tax charges for the Products and/or provision of the Service as indicated in the On-Line Shop in correspondence with the Products themselves. Products: products and/or services sold by the Seller through the Website.Registration: IT procedure through which the User activates the authentication credentials necessary to make purchases on the Website.Product Description: information space in which the main characteristics of the products / services sold by the Seller are illustrated in detail as well as any additional conditions of sale to those indicated and described here. The product description is an integral and substantial part of this contract.
Service: utility offered in the On Line Shop.Site: web space accessible at the address SicilFree.com.User: physical or legal person who purchases the Products on the Site. The User qualifies as a consumer, as defined by the Consumer Code, if he makes the purchase for purposes unrelated to any business or professional activity carried out. Seller:

Company typeSole proprietorship
AgencyEsseDiTech
AddressVia Auditorium, 12 int . 1
Postal Code98042
CityPace del Mela
ProvinceMe
Telephone+39 3298767067
E-mail[email protected]
WebsiteSicilFree.com
Ecommerce1
Company legal notes
Business nameEsseDiTech
Registered office addressVia Auditorium, 12 int . 1
City and province of registered officePace del Mela (ME)
Tax ID codeSGRNN82E25Z112S
VAT numberIT03629540836
Pec[email protected]
Company register ofMessina
Registration numberME250556

Purchase order management

The User can purchase the Products by following the IT procedure proposed on the Site. By sending the Purchase Order, the user declares to have read the present general conditions of contract and to accept them in full. The Purchase Order will be considered completed only after the Seller has received payment of the relative price indicated on the site.
The Seller reserves the right to refuse or cancel the Purchase Order: (i) Against the User who has previously violated the conditions and/or terms of the purchase contract; (ii) Sent by Users who have released data false, incomplete or otherwise inaccurate identifiers; (iii) That it contains errors of a technical or formal nature deriving from the description of the price and/or characteristics of the Product, published in the Product Description; (iv) That it contains Products that at the time of sending the ‘purchase order are no longer available; (v) which, within the term of 7 days, is not paid for. If the Product, described in the Product Description, cannot be selected for purchase, it is understood that available for sale. The User, before sending the Purchase Order, must check the price and, if necessary, modify the quantity of the Products that have been selected.

Price and Payment Methods

The price of the Product and the methods of payment accepted are published on the Site and summarized before sending the Purchase Order. The Customer may choose to pay the price of the Products and/or Services and the relative delivery costs using one of the following methods offered:
Paypal (Credit Card)
Advance Bank Transfer
Postepay top-up (only for Italy)
Cash on Delivery (only for Italy) Further details on the payment methods can be consulted in the “Payments” section. In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the sales process is automatically canceled and the sale automatically cancelled.

Shipping fees

The transport/shipping costs are clearly specified in the product sheet and during the order conclusion phase. Customers can at any time check whether the product they are interested in requires a contribution to transport/shipping costs or not by verifying the presence of the appropriate wording Free Shipping. Before concluding the contract and before sending the order, the system will highlight the exact amount. The Products are delivered to the address indicated by the User/Client at the time of registration pursuant to Article 3 or at the address indicated at the time of placing the Order in the “Delivery Details” section. The place of delivery of the Products cannot coincide with a public space or area. EsseDiTech reserves the right not to deliver the Products covered by the order if the aforementioned circumstance occurs. The Customer/User is advised to pay particular attention when reporting the data relating to the delivery address (house number, surname on the bell, extension number, scale, etc.). EsseDiTech declines all responsibility and any right of the Customer to compensation for damages or compensation for failed or delayed deliveries caused by errors, inaccuracies or deficiencies regarding the address of the place of delivery as indicated by the Customer in the Order is excluded. The Customer, or other subjects appointed by the Customer who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that the packaging/box of the Products is intact, undamaged or otherwise altered.
Any damage to the packaging/packaging of the Products must be immediately contested by the Customer by affixing a written control reserve on the proof of delivery (waybill, slip, PDA or any other medium proposed by the carrier). It is understood that, once the delivery document has been signed without any objection, the Customer will no longer be able to raise any objection to EsseDiTech with reference to the external characteristics of what has been delivered. In the event that the carrier has been chosen by the Customer other than those proposed during the purchase phase, the risk of damage and/or deterioration of the Products is transferred to the Customer already at the time of delivery to the carrier, precluding any dispute regarding to the external characteristics of what was delivered.

The cart

The cart allows you to immediately check the products inserted, with their unit cost including VAT. You will be able to decide the quantities to purchase for each type of product chosen or remove from the cart one or more products that you have decided you no longer want to buy. The adjustment of the cart to the order is allowed through the following functions:

  • update cart, allows you to update the cart after making cancellations or quantity changes;
  • delete product: allows you to individually delete the products contained;
  • homepage: Return to the homepage.
    Before proceeding with sending the order, the user/customer is advised to update the cart using the appropriate function described above. Once the cart has been updated with the products actually desired, proceed with the purchase and choose the form of payment. Before concluding the transaction, some data necessary for identification as a customer will be requested. The registered customer will be able to immediately access the site and order with a single click on the LOGIN function.
    As soon as the order is completed, the Customer will receive a copy of the same by e-mail containing the essential information relating to the Product purchased, a detailed indication of the price, means of payment, delivery costs. The User/Consumer Customer may cancel the Order only up to the time of shipment of the product in the manner indicated in the order confirmation sent. If the change of mind takes place after the shipment has been made, the User/Customer consumer can act according to the rules of the right to change his mind or not collect the shipment at all.

Warranty

The Seller, for all the Products sold on the Site, acknowledges the legal guarantee of conformity as required by art. 128 of the Consumer Code in relation to consumer goods. The Legal Guarantee is reserved for Consumer Users/Customers only. Therefore, it is applied only to Users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The non-consumer User/Customer is granted the guarantee for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations. In guaranteeing that the Products comply with what is described in the Product Description, the Seller assumes no responsibility for:

  • the unsuitability of the Product to achieve any result pursued by the User; – the quantities of the packages of all the articles may undergo variations at the discretion of the supplier.
    The visual representation of the Products on the Site does not constitute a contractual element and normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of the Seller regarding the exact correspondence of the image depicted on the Site with the actual product; and this with particular regard to its real dimensions and/or chromatic aspects. In case of difference between the image and its description, the Product Description always prevails.

Right of withdrawal and Complaints

The right of withdrawal is reserved for Users who purchase as consumers. Therefore, it is applied only to the consumer User/Customer, i.e. who proceeds with the purchase on the site for purposes unrelated to the entrepreneurial activity. The rules established by the civil code with the relative terms, forfeitures and limitations apply to the non-consumer User/Customer. Pursuant to Article 52 of the Consumer Code, the User has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 working days from the date of receipt of the goods by the consumer. In case of multiple purchases made by the User/Customer with a single order and delivered separately, the term of 14 days. starts from the date of receipt of the last product. In case of exercise of the right of withdrawal, the User/Customer is required to return the Products to the Seller within 14 days from the day on which he communicated to the Seller his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The package containing the Products must be returned intact, in the original packaging, complete in all its parts (therefore including the packaging and any documentation (product sheet and tax documents). The User/Customer is responsible for any decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning . Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum term of 14 days, including any shipping costs incurred at the time of purchase of the goods as required by article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.The shipment, until the Seller receives the Product, is under the responsibility of the User who will have to insure the product with the chosen courier, taking care to pack the goods carefully, where possible inserting the original packaging in an external box and, in any case, avoiding damaging the product with adhesive tapes, labels, etc. The User/Customer forfeits the right of withdrawal in the event of lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains: a) the lack of the
external packaging and/or the original internal packaging; b) anomalies to the Product; c) damage to the Product for reasons other than its transport; d) wear and tear of the Product due to its use, which has compromised its integrity. The Seller will reimburse using the same means of payment chosen by the User/Customer during the purchase. The User/Customer who intends to exercise the right of withdrawal or complaint must notify the Seller by explicit declaration by email.

Communications

The parties agree that all communications relating to the contract must be sent to the addresses communicated during the registration phase on the site and/or the sending of the Purchase Order. Any changes must be promptly communicated.

Data Processing

The User/Client guarantees that the personal data communicated during the purchase phase are actually their own and that they are to be considered correct and truthful. The personal data of the User/Client collected by the Seller will be processed to execute the Order received as well as for the purposes specified in the privacy policy published on the Site.

Product replacement

SicilFree.com intends to provide its Customers with the possibility of replacing the Products purchased through the Site. To obtain the replacement of a Product, the procedure indicated below must be followed. The Customer who intends to replace a product already purchased and delivered with another present on the Site must keep everything received (product packaging, documents) in its original packaging complete with all its parts (including manuals, tags and any other element originally present) and immediately contact SicilFree.com by e-mail at the following address: [email protected]. The Product to be replaced must be returned to the Seller and delivered to the same, in perfect condition, at the Seller’s address. The fulfillment of the new order is subject to the availability of the requested Products and/or Services. Shipping costs and responsibility for returning the Product are the responsibility of the Customer. The replacement Product will be sent to the Customer only after SicilFree.com has received the product to be replaced. The new shipment will be made by courier without any charge of the relative shipping costs according to the rules established by these general conditions of sale.

Applicable law and dispute resolution

The Contract is governed solely and exclusively by Italian law

Exclusive jurisdiction

For any dispute relating to the interpretation and/or execution of this contract, the Court of ME/Justice of the Peace of ME will have exclusive jurisdiction, all others excluded. In the case of a consumer User/Customer, the Court of the place of residence of the Consumer User/Customer will be competent. In any case, the User can promote an out-of-court resolution of the disputes envisaged by the Consumer Code or promote an online complaint through the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/.

Major force

EsseDiTech will be released from the obligation to fulfill and execute this contract due to force majeure, temporary or definitive such as – by way of example and not limited to – strikes, arrests, fires, natural and/or atmospheric events and for any other cause that occurred beyond the control of EsseDiTech and not attributable to the same even pre-existing that prevents or aggravates the total or partial execution of this contract.

Intellectual property

All intellectual property rights related to the Online Shop (including contents and photographic images) are reserved. The Online Shop and its contents may not be reproduced either wholly or partially, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of EsseDiTech .

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