General selling provisions
These General Online Sales Conditions – applicable to web transactions managed through the website www.paraxite.it (hereinafter referred to as the “Site”) – govern the offer and sale of goods (and/or services) promoted online by Lampa Spa (hereinafter the "Supplier"), with registered office in Via G. Rossa 53/55 - 46019 Viadana (MN), registered with the Mantua Chamber of Commerce under no. 01219450200, Tax Code/P. VAT 01219450200 with the following Certified Electronic Mail (PEC) address: lampaspa@legalmail.it.
By Electronic Commerce Agreement (hereinafter the "Agreement"), we mean a sales or service agreement under which the Supplier, or its intermediary, offers goods or services through a website, or other electronic means, and electronic commerce, the Purchaser (consumer), places the order for such goods or services on this website, or by other electronic means organized by the Supplier. For this, as for the following two definitions, please refer to EU Regulation 524/ 2013
Sales contract
Any contract under which the Supplier transfers, or undertakes to transfer, ownership of goods to the Purchaser and the latter pays, or undertakes to pay, the price (EU Regulation 524/2013, art. 4).
Service contract
Any contract, other than a sales contract, under which the Supplier provides, or undertakes to provide, a service to the Purchaser and the latter pays, or undertakes to pay, the price (EU Regulation 524/2013 , art. 4).
Consumer Code
Reference legislation for consumer protection, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the "Consumer Code"). To consult the Legislative Decree in the version in force, please refer to the following site: Consumer Code.
Buyer
The expression Purchaser means the consumer, or user, natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (Article 3, letter a, Consumer Code).
Supplier
The term Supplier means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary (article 3, letter c, Consumer Code).
Producer
Producer, is the manufacturer of the finished good or of one of its components, as well as the producer of the raw material, as well as for agricultural products, of the soil and for those of breeding, fishing and hunting, respectively the farmer, the breeder, fisherman and hunter (art. 115, paragraph 2-bis, Consumer Code).
Contract compliance
All those goods with respect to which, if pertinent, the following circumstances coexist: i) are suitable for the use for which goods of the same type are normally used; ii) conform to the description given and possess the qualities of the goods presented as a sample or model; iii) exhibit the usual quality and performance of goods of the same type, which the Purchaser can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made about them by the seller, by the manufacturer or his agent or representative, especially in advertising or on labelling; iv) are also suitable for the particular use desired by the Purchaser and brought to the attention of the Supplier at the time of conclusion of the Contract and that the Supplier has accepted also for conclusive facts (Article 129, paragraph 2, Consumer Code) .
Defective good
An asset is defective when it does not offer the security that can legitimately be expected taking into account all the circumstances, including: a) the way in which the asset was put into circulation, its presentation, its obvious characteristics, the instructions and the warnings provided; b) the use to which the asset can reasonably be destined and the behaviors that, in relation to it, can reasonably be expected; c) the time in which the asset was put into circulation. A good cannot be considered defective for the mere fact that a further improvement has been put on the market at any time. A good is defective if it does not offer the security normally offered by other specimens of the same series (art. 117, Consumer Code).
3.1 With the Contract, the Supplier sells and the Purchaser purchases, via telematic tools, the goods and/or services offered on the Site.
3.2 The aforementioned goods and/or services are available on the Website, on the web page www.paraxite.it, which reproduces the catalog of goods and/or services promoted online by the Supplier. These goods and/or services are depicted/represented on the Site accurately, highlighting their characteristics. However, the Supplier cannot guarantee a punctual and exact correspondence between the real consistency of the goods and/or services promoted online and the relative representation on the Buyer's monitor. In the event of discrepancies between the image of the goods and/or the representation of the services visible online and the relative information sheet, drawn up in writing, only the latter will prevail.
4.1 The Supplier ensures, through the computer system, the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sale. To this end, the Supplier's electronic catalog will indicate in real time the goods available and those not available, as well as the estimated times for their shipment. The aforementioned computer system will confirm the order's registration as soon as possible, sending the Purchaser specific confirmation by e-mail (so-called Order Receipt).
4.2 Should an order, however, exceed the effective stock availability, or be unavailable for other reasons, the Supplier, by e-mail or telephone, will promptly notify the Purchaser of the unavailability of the goods in question and, if possible, the waiting times to obtain it, asking again for confirmation of the order according to the different times indicated by the Supplier.
5.1 The Contract between the Supplier and the Purchaser will be concluded exclusively online. After accessing the e-Shop (2), the Purchaser must follow the procedures/instructions indicated therein to formalize the purchase of goods and/or services by filling in the formats prepared by the Supplier. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, by placing them in the cart configured by the Supplier. Once the desired goods and/or services have been selected, the Purchaser will be asked to close his/her cart by forwarding the list of desired references to the Supplier. Before forwarding, a form will be displayed to confirm the purchase order for the goods and/or services selected, with an indication of the relative prices, as well as the options given to the Purchaser, who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. Through the order confirmation, the Purchaser undertakes to check and validate, before sending it, his personal data, the goods/services covered by the Contract, their prices, with any shipping costs and/or accessory charges, confirming the chosen payment methods and terms, the delivery address, as well as any other requested data. The format of the order confirmation informs the Purchaser in advance about the execution times of the Contract, drawing attention to the right of withdrawal, as well as to the other faculties reserved by law to the Purchaser. Once the required checks have been performed, it will finally be up to the Purchaser to select the interactive button - present at the bottom of the web page - by clicking on the "Confirm the purchase order with obligation to pay" box, thus forwarding the order to the Supplier.
5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to offer for the Purchaser to formulate a purchase proposal; in this sense, the Purchaser's order, previously confirmed by the same, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale, which the Purchaser declares to know and accept. The order confirmation - punctually filled in and checked as instructed - will be confirmed by the Supplier with a receipt (4) to the Buyer's e-mail address for the sole purpose of confirming its receipt in the Supplier's computer system, which will thus begin to process the order, verifying the data provided by the Purchaser, such as the availability of what is requested. The Supplier's receipt does not constitute acceptance of the purchase offer. This receipt - with the attached "Order Number" to be used in all communications with the Supplier - re-proposes, in addition to the information required by law, all the above data, which the Purchaser will still verify by promptly communicating to the Supplier any correction of the case. If there is an inaccurate indication of prices, or other characteristics of the goods and/or services promoted online, such as the unavailability of the requested goods, the Supplier will promptly notify the Purchaser, inviting him to carry out - if still interested - rectification of the order, or upon cancellation of the previous one, new order, according to the methods that will be promptly communicated.
5.3 The Supplier has the right to accept, or not, the order sent by the Purchaser, without the latter being able to advance rights and/or claims of any kind, in any capacity, including compensation, for the non-acceptance of the order itself. The Contract will only be concluded when a separate e-mail (or message in the communication center on the Site or equivalent) of acceptance of the purchase proposal will be sent, which will also contain information relating to the shipment and the expected delivery date (Confirmation of Shipping). If the order is processed in several shipments, the Purchaser may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel his order before having received the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case no cost will be charged. In any case, the right of withdrawal is subject to the terms and conditions set forth in Article 10 below.
5.4 Upon receipt of payment for the requested goods/services, the Supplier will proceed to issue the relevant tax document pursuant to (6).
5.6 For any error, misprint or problem in completing the online formats and, more generally, in carrying out the purchase procedures prepared by the Supplier, the Purchaser is invited to contact, without delay, on 0375 820 850 or at email info@paraxite.it.
6.1 The Purchaser undertakes to pay the price requested for the goods and/or services purchased online, according to the times and methods indicated on the Website www.paraxite.it at the time of the order.
6.2 The prices of the goods/services promoted through the Site, like any other charge/expense relating to the invitation to offer, are expressed in Euros.
6.3 Prices are inclusive of VAT and all other taxes. Shipping costs, as well as any ancillary charges, such as customs clearance, if any, while not included in the sale price, will be indicated and calculated by the Supplier in the purchase procedure, before sending the order confirmation, and promptly specified in the order summary.
7.1 Payment for goods/services purchased online will take place according to the methods chosen by the Purchaser, among those expressly permitted by the Supplier and promptly specified in the section of the Site.
7.2 Any reimbursement to the Purchaser will be credited using one of the methods proposed by the Supplier and chosen by the Purchaser, and, in the event of its withdrawal, within a maximum of 14 days. (fourteen days) from when the Supplier has received formal communication of the withdrawal. However, the Supplier may postpone the refund until receipt of the goods
7.3 All communications relating to payments are made on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.
8.1 The Supplier shall deliver the ordered goods, without unjustified delay, at the latest, within 10 days. (ten days) from the date of conclusion of the Contract, with the methods indicated on the website, or, alternatively, chosen by the Purchaser.
8.2 If the Supplier is unable to carry out the shipment within the deadline referred to in the previous paragraph, he will promptly notify the Purchaser by e-mail or by telephone, provided that such contact details have been provided during the online registration and forwarding of the order.
8.3 Methods, times, costs and any other shipping charges for the territories served by the Supplier are promptly indicated on the Site.
9.1 Pursuant to art. 12 Legislative Decree 70/2003, as well as the articles 50-51 Consumer Code, the Purchaser is informed that each order sent online will be stored and archived in digital and/or paper format at the Supplier's premises, according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Purchaser is invited to contact the Supplier at the following email address info@paraxite.it.
10.1 The Purchaser has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 days. (fourteen days) of the calendar, starting from the day on which the Purchaser (or a third party designated by him) has acquired physical possession of the goods, or, in the case of a service contract, from the day of conclusion of the Contract.
10.2 If the Purchaser intends to exercise the right of withdrawal, he must notify the Supplier by means of a specific communication to the following e-mail address info@paraxite.it.
10.3 The return of the goods by the Purchaser must take place, without delay and, in any case, within 14 days. (fourteen days) from the date of sending the notice of withdrawal to the Supplier. The only expenses payable by the Purchaser to exercise the right of withdrawal will be those aimed at returning the goods to the Supplier, who prescribes the adoption of every possible precaution in proceeding with the shipment, using the original wrappings and packaging of the goods, or in any case equivalent , which preserve its integrity and protect it adequately during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address:Ufficio Resi Paraxite C/O Lampa SpaVia Guido Rossa 53/5546019 Viadana (MN)
10.4 The Supplier will refund the price of the goods for which the change of mind has been exercised within 14 days. (fourteen days) from receipt of the notice of withdrawal by the Purchaser. The Supplier will use the same means of payment chosen by the Purchaser for the initial transaction.
10.5 If the returned goods are damaged, or show signs of wear connected to manipulations that are not strictly necessary to immediately and directly establish their nature, characteristics and relative functioning, the Supplier will withhold from the refund an amount corresponding to the decrease in the relative value. Therefore, in the event that the returned goods are damaged (for example in the presence of abrasions, scratches, or other deformations, etc.), or not complete with each element or its accessory (including labels, tags, etc.), we accompanied by attached instructions/notes/manuals, original (or, in any case, adequate) packaging and/or packaging, or by the relative guarantee certificates (where present), the Purchaser will be liable for the decrease in the value of the asset, with the right to a refund for an amount equal to the residual value of the asset itself.
10.6 Once the communication with which the Purchaser expresses his will to exercise the right of withdrawal has been received from the Supplier, all obligations connected to the Contract will cease, without prejudice to the provisions of this Article.
11.1 The Conformity of the goods to the Contract is guaranteed to the Purchaser within the two-year term (2 years) from their delivery. Unless proven otherwise, any lack of conformity that occurs within 6 months (six months) from the date of delivery of the goods are presumed to already exist on that date, unless this is incompatible with the nature of the goods or with the lack of conformity in question.
11.2 In the absence of Conformity of the goods to the Contract, the Purchaser may request, alternatively and without charge, the repair or replacement of the purchased goods, or a reduction in the price, or the termination of the Contract, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, Consumer Code. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the agreed terms or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at your option, a price reduction or termination of the Contract.
11.3 The Purchaser forfeits any right connected to the Conformity of the goods to the Contract if he does not report the lack of conformity complained of to the Supplier within 2 months (two months) from the date of its discovery. Not required if the Supplier has expressly acknowledged the defect, or has consciously concealed it, the complaint must specify the non-compliance found, as well as at least a photograph of the item in question, all accompanied by the Supplier's tax receipt proving the purchase.
11.4 The Purchaser must send the complaint, and related requests, to the following mailbox info@paraxite.it. Upon receipt of the complaint/request and related documentation, the Supplier will evaluate the non-compliance reported by the Purchaser and, after carrying out the preliminary investigations of the case, will authorize, or not, the return of the goods by providing the Purchaser with a "Return Code", sent by e-mail to the address provided when placing the order. However, the authorization to return the goods does not constitute acknowledgment of the non-conformity, the existence of which will be ascertained only after the return of the goods. The good itself - the return of which the Supplier has authorized - must be returned to the address expressly indicated, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions referred to in Art. 10.3..
11.5 If the Supplier is required to reimburse the Purchaser, in whole or in part, for the price paid, the reimbursement will be made, where possible, using the same means of payment used by the Purchaser when purchasing the goods. It will be the Purchaser's responsibility to inform the Supplier, already at the time of the complaint/request, of the bank details to make the transfer in his favor and to ensure that the Supplier is in a position to be able to return the amount due.
12.1 The Supplier is not responsible for the failed or delayed execution of the Contract if this depends on disservices attributable to force majeure, unforeseeable circumstances, or in any case not attributable to the Supplier. Except for the hypotheses referred to in art. 1229 of the Civil Code, no compensation will consequently be due to the Purchaser, who will only be entitled to the full refund of the price and any accessory charges paid.
12.2 The Supplier - having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the moment in terms of online transaction security - assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, checks or other means of payment, attributable to willful or negligent conduct of the Purchaser with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.
13.1 The Producer is liable for damages caused by defects in the goods promoted/transferred through the Site. Pursuant to art. 116 of the Consumer Code, the Supplier will be responsible for the damage caused by a defect in the goods sold, if he fails to inform the injured party, within three months of the request referred to in the third paragraph below, of the identity and domicile of the Producer, or of the intermediary who supplied him with the asset in question.
13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective good, provided that it is normally intended for private use or consumption and in this sense used by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to anything other than defective goods will be refundable only to the extent exceeding the sum of €387.00 (three hundred-eighty-seven-euros). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damage, drawn up exclusively in writing, must promptly specify the asset that caused the damage, as well as the date and place of the related purchase. Furthermore, if still existing, it will be the injured party's responsibility to offer the good in question for viewing, according to the instructions given by the Manufacturer, or Supplier, or by third parties indicated by them.
13.4 Compensation for damages will be excluded if the injured party, while aware of the defect in the goods and the associated dangers, nevertheless voluntarily exposed himself to them. In the presence of fault of the injured party - who using ordinary diligence could have avoided the damage suffered - the requested compensation will be excluded or reduced in proportion to the seriousness of the fault attributable to the victim. 13.5 Any liability for the consequences deriving from defective goods is to be excluded if the defect itself is attributable to the conformity of the goods with an imperative legal rule, or other binding provision, or if the state of scientific and technical knowledge, at the moment in which the goods were put into circulation, did not yet allow it to be considered defective.
14.1 The timely payment of goods and/or services purchased online, pursuant to Art. 6.1 of these General Conditions of Online Sale, such as the payment of any additional charges and/or commitments referred to in Art. 6.3, are essential obligations of the Contract.
14.2 If not justified by unforeseeable circumstances or force majeure, the non-fulfilment of the aforementioned obligations will result in the automatic legal termination of the Contract pursuant to art. 1456 code civ., without the need for a judicial ruling.
15.1 The Supplier protects the Purchaser's personal data, guaranteeing full compliance of their treatment with the reference legislation and, in this case, with Regulation 679/2016 as well as with the relevant national regulations (Privacy Code, as last amended by Legislative Decree 101/2018).
15.2 By referring, for details, to the Information on the processing of personal data on the website and related Extended information on the use of cookies (2), it is anticipated how the personal data acquired directly and/or indirectly through the Site will be collected and processed in telematic/IT form, and if necessary on paper, with the following main purposes: i) register the order; ii) proceed with the execution of the Contract and related communications; iii) comply with legal obligations; iv) manage commercial relationships to better perform the requested services. The correct and timely communication of the Purchaser's personal data is a necessary condition for the punctual execution of the Contract by the Supplier, which, failing that, will not be able to process the Purchaser's order.
16.1 For each request, please refer to the telephone number 0375 820 850 and email address info@paraxite.it. Official communications addressed to the Supplier, as well as any Buyer complaints, will be valid only if sent by registered letter with return receipt in Via G. Rossa 53/55 - 46019 Viadana (MN), or sent by e-mail to the following address certified email (PEC) lampaspa@legalmail.it
16.2 The Purchaser indicates when registering on the Site, or at the latest in the order confirmation form, his residence or domicile, the relative telephone numbers and the e-mail address to which communications from the Supplier will be sent.
17.1 The Site and related services can be used in Italian.
17.2 These General Conditions of Online Sale are available in Italian. If translated into other languages, the only authentic version will be the one in Italian. As regards the mandatory rights referred to in Art. 20.1, regardless of the authentic language, the interpretation most favorable to the final consumer Purchaser will prevail in any case.
