Selling conditions

Condizioni di vendita

DEFINITIONS

Seller:
Filtex 1965 Distribution s.a.s. – Via Colletta,13 Andorno Micca (BI) – Italy
Tel: +39 0152476194 / Fax: +39 0230132703
P.Iva/C.F. 01487770024 - /capitale sociale int.vers € 30.987,41
Registro imprese di Biella 14397 – Numero REA 10266

Client:
Registered user on http://www.textreme.it

E-Commerce Site:
http://www.textreme.it

  1. General Sales Conditions
    1. The stipulated contract between the seller and the clients is concluded with the confirmation, even if partially, of the order from the client’s side. Such confirmation is deemed as confirmed, unless otherwise communicated in any manner to the client. When placing an order by the various methods offered by the Seller, the client declares to having full knowledge of the indications forwarded to him during the transaction procedure and to fully accept the general conditions and payment methods hereunder mentioned.
    2. If the client is a customer (in other words an individual who acquires the material for his own personal use and not for business purposes), once the on-line transactions is effected, he needs to print and save the general sales conditions, in accordance with Art. 3 and 4 of Dlgs 185/1999 relating to on line sales.
    3. Client’s right of reimbursement is excluded from the contract for damages (direct or indirect) to a person and/or things caused by the non-acceptance of confirmation, even partially, by the Seller.
    4. The client is obliged to verify his personal date (telephone no. address, fiscal code, Vat no. etc.) forwarded to the seller in the registration form and to keep them always updated, especially in acquisitions effected at a later stage after registration. The Seller is in no way responsible for deliveries posted to clients who have indicated the wrong address or have not kept their data updated, neither is the Seller responsible for any documentation and/or communications issued with the wrong data indicated in the original registration form.
  2. Method of Purchase
    1. The Client can purchase solely and exclusively, products exhibited in the electronic catalogue available online on the e-mail address (URL) http://wwwtextreme.it, with full description for every product. The image present in the descriptive list may not reflect perfectly the product’s characteristics, but may vary, for example, in the colour shade or dimensions in respect to what is shown in the site. All relative information relating to the purchase of a product (glossary, purchasing guide, reviews etc.) is to be considered as generic information material that might not reflect the exact characteristics of a single product.
    2. The Seller will communicate the correct order via an e-mail address supplied by the Client during the registration phase (or if same address has been changed by the Client himself at a later stage, to the address available in that instance in the archive). The message will include, besides the date and time of order, the order number, which will be unique, and the only number the Client must always quote for any further communications with Seller regarding this particular order. All relative data attached to the order will be indicated in the Order Confirmation and the Client is obliged to verify such data and to inform the Seller about any corrections on e-mail address info@textreme.it
    3. In the case of lack of acceptance on the part of the Seller, for any reason being technical/ managerial, the Client will be informed immediately via e-mail and full reimbursement of amount already paid on confirmation will be effected.
  3. Method of Payment
    1. Credit Card
      1. If the payment for material acquired is done by credit card, exactly on the execution of the transaction on-line, the corresponding bank will only authorise the amount due relative to that particular purchase.
      2. In case of cancellation of order, either by the Client himself, or in the case of lack of acceptance by the Seller, the same Seller will instruct the bank to annul the transaction and to reimburse the full amount. The time limit for refunds, for certain credit cards, depends solely on the bank’s system, and can sometimes take up to 24 days from authorisation date. Once the transaction is cancelled, the Seller cannot be held responsible for any eventual damages, direct or indirect, suffered by the Client, due to late receipt of refund from the bank’s side.
      3. The Seller reserves the right to charge the Client’s credit card in order to avoid the expiration of the transactions, which occurs in twenty three (23) days.
      4. The Seller reserves the right to request the Client to supply again the integral information for purchases through credit card (Ex. Telephone no. mobile/fixed line) or a copy of a document proving the holder of said credit card. If such document is not supplied, the Seller reserves the right to refuse the order.
      5. At no time during the purchase procedure does the Seller have information relating to the Client’s credit card, transmitted solely through a protected system to the bank that is dealing with the transaction. No information archive run directly by the Seller retains such data. In no way can the Seller be held responsible for any fraudulent use, or transactions effected by third party from the Client’s credit card during the payment of items purchased via the SITE E-COMMERCE.
    2. Advance Bank Payment
      1. In exceptional cases, and solely if authorised by the seller, payment is accepted through advance bank payment. After a request via e-mail addressed to info@textreme.it, and only after acceptance from the Seller, an e-mail containing all necessary information to effect payment (Beneficiary name, iban, reason for payment and the total amount due to be paid) will be sent.
        Whatever the Client has ordered will be kept on hold until evidence of bank transaction is received (via fax or e-mail) within and not later than three (3) working days from acceptance date. Delivery of ordered items will only be executed when the credited amount paid reaches the Seller’s current account, which should arrive within seven (7) working days from acceptance of order. Expiry of this date will automatically cancel order, unless otherwise agreed in this time frame.
        Advance bank payments must always indicate the hereunder:
        . The Order Confirmation No.
        . Date when order was placed
        . Name and surname of the person placing the order.
    3. PayPal
      1. After having confirmed order and opting for PayPal as a method of payment, the Client will be automatically addressed to login in the PayPal site.
        The due amount will be debited from the PayPal account immediately on confirmation of order, and in case of cancellation, the amount paid will be refunded in the same account.
        The Seller cannot in any way be held responsible for any damages, direct or indirect, cause by the lateness by PayPal in effected the refund.
        The Seller cannot in any way have knowledge of the financial position or data of the Client so no information archive can be created or maintained containing such data.
        At the end of the transaction, the Client will receive an e-mail message from PayPal with relative information.
    4. Bank Draft
      1. In exceptional cases, and only when authorised by the Seller, payment by bank draft is accepted, for which an additional charge of 7,00 Euro is added to the total amount of the order due to the fact that the system is not equipped automatically to process this function. Payment must be done exclusively in the following method.
        . In cash
        . Bank Draft payable to the courier assigned to make collection (data which will be communicated at a later state after receipt of order.)
        Important: The courier cannot deliver against standard bank cheques.
        In case the value of the bank draft is higher than the maximum amount accepted by the courier, the Seller may request the difference due via advanced bank payment.
  4. Method and Freight Charges
    1. The Seller accepts order outside Italy and the European Union.
    2. For every order placed via E-COMMERCE SITE, the Seller issues solely and exclusively an accompanying fiscal invoice giving detailed descriptions of the ordered material ready to be shipped. The accompanying invoice will be attached to the packet during the delivery according to Art.14 D.P.R. 445/2000 and DL52/2004. No variation in the invoice is allowed once it is issued.
    3. The freight charges will be specifically shown during the purchasing process, definitely before the confirmation of order. Method of payment of the amount due for the items purchased will be selected by the Client while placing the order and there will be no additional charges due by the Client, unless the method of payment selected is via bank draft where an additional 7,00 Euro, as indicated in point 3d, is added to the total amount, and the whole amount has to be paid to the courier indicated to collect packages, again as indicated in point 3d.
    4. Delivery times of consignment are purely indicative and are in no way binding to the Seller. The Seller is not responsible for any delays of consignment or in case of courier’s delays in delivery.
    5. Delivery of ordered goods means at street level. For other methods of delivery, a specific request must be made via e-mail at our customer care site info@textreme.it
      On delivery of consignment by courier, the Client is obliged to check:
      . That number of packet corresponds to the accompanying invoice.
      . That the packaging is not damaged from all sides. Even the adhesive tape and any other material used to close the packet have to be intact to the visible eye.
      In case of damage to the packaging, eventual tempering, breakages or missing packages corresponding to the invoice, a report has to be lodged on the spot, with the text “Subject to quality control” (specifying the reason, ex. “damaged packaging”, “wet packaging”, “packet found open”, etc.) on the receipt which the courier will ask you to sign. We earnestly urge you take some photos or a brief video of the damaged package, to include as evidence, in case of contestations during the consignment.

      Important: If the consignment document of the courier is signed by the Client without reservations as described above, it will not be possible to proceed with any contestations regarding damaged, destroyed or missing packages.
      Any eventual problems inherent to the physical integrity of the packet, the correspondence or the receipt of order in its entirety have to be reported within seven (7) working days from receipt of consignment by sending an e-mail to the electronic address info@textreme.it indicating in the subject the following: “Problems in consignment Number (Quote order number given by the Seller to the Client).
      Please note: It will be important to keep all original packaging until the guarantee expiry date because they will be useful if it is necessary to return the goods, or anyway, at least for the first ten (10) days from delivery where you have the right to return items within that period.
    6. If goods lying at the courier’s warehouse are not collected within five (5) working days because order could not be delivered to the address indicated by the Client in the purchase contract, such goods will be returned to the Seller’s warehouse. The eventual redelivery of these goods will be subject to the same freight charges paid in the original contract or, in the case of free delivery for promotional purposes, the cost will be fixed by the courier to the Client’s address.
  5. Right of Refusal
    1. The right of refusal is regulated by Art.64 and segg. Del D.Lgs. 206/2005 (Consumer Code). If the Client is a customer (that is an individual who acquires the goods for use outside his professional activity) he has the right to rescind from the contract of sale for any reason, without the need to supply explanations and without any penalties, except where indicated in points 5.c and 5.e in the paragraph headed “Right of Refusal”. If a Client acquires the goods for his own personal use, but quoting the Vat No., he cannot then claim these rights.
    2. To enforce the right of refusal the Client has to inform the Seller of his intentions, within ten (10) working days from receipt of goods. Such correspondence has to be sent via Registered Mail addressed to: Filtex 1965 Distribution s.a.s., Via Colletta, 13 – 13811 Andorno Micca (Biella) – or via e-mail at info@textreme.it. As soon as the communication to rescind order is received, the Seller’s customer care service will provide the client, via e-mail, with instructions on how to proceed to return the goods and also the NAR (authorization code for return of goods) which have to reach the Seller within ten (10) working from authorisation.
      The goods must be returned in perfect condition, complete with all parts and in their original packaging (envelopes and packing) kept with diligence, without any sign of use, usury or dirt, in respect of the hereunder conditions in point 5.c and 5.e. It is recommended that everything is packed in appropriate packaging, on which is affixed, besides the address of the consignee and the sender, a sticker indicating the NAR number. It is prohibited to affix any stickers or adhesive tape directly on the original packaging of the product.
    3. The right of refusal is anyway liable to the hereunder conditions:
      . The acquired items have to be returned complete in its original packaging, together with all its parts. Even the original packaging, as already repeatedly described, has to be whole, in other words, in the original state delivered to the Client.
      . It is not possible to claim right of refusal solely on part of the product acquired because this right is only and exclusively applicable to the whole order (meaning all the contents in the original packaging consigned to the Client)
      . Freight charges relative to the return of goods are at the Client’s expense and the freight charges and any other eventual charges at the time of expedition of order shipped to the Client are not refundable.
      . The goods that are to be returned remain at the Client’s complete responsibility until such a time that goods arrive at the Seller’s warehouse.
      . In case of damage to the goods during transportation, the product during transportation, the goods will be made available to the client to retrieve, at the same time cancelling the claim for refund.
      . If damage is caused to the goods during transportation, the Seller will inform the Client with the occurrence (within five (5) working days of receipt of goods) to enable him to place a claim against the courier chosen by him to claim a refund (if insured).
      . When goods are returned without insurance cover, the Seller is in no way liable for any damages, theft/loss of it.
      . When goods reach the seller’s warehouse, they are examined for any eventual damage or misuse not relevant to the transport. If goods and/or original packaging results destroyed, the Seller reserves the right to withhold, from the amount due for refund, a percentage that cannot exceed 10%.
    4. Subject to what is indicated in point 5.c of paragraph “Right of Refusal”, the Seller will reimburse to the Client the full amount paid, within fourteen (14) working days of receipt of goods, via the same system used for original payment being credit card or bank transfer. In this latter case, it will be in the Client’s interest to furnish the Seller with bank details where money is to be transferred. (Iban no. of the client being invoiced).
    5. The right of refusal is dropped totally if the essential conditions of return of goods are not met (packaging and/or contents), in these cases the Sellers ascertains:
      . The wrong use of the product that might have caused damage;
      . Missing external packaging and/or original internal packing;
      . Damage to the product besides damage during its transport;
      In such cases, if the right to return the goods is annulled, the merchandise will remain at the Seller’s warehouse, at the Client’s disposal, to be collected at his expense.
  6. Guarantee
    1. All products sold by the Seller are covered by a conventional producer’s guarantee and also by a twenty four (24) month guarantee against latent defects (such guarantee is reduced to twelve (12) months if the purchase is conducted by companies or legal persons) as per Art. DL24/02. There is an exception for guarantee for spare parts and consumable materials, where the guarantee is six (6) months.
      To gain assistance for guarantee, the Client has to retain the relative invoice received upon consignment of product or else via e-mail in DPF format.
    2. The guarantee as per Art. DL24/02 is applicable to a latent defect in the product, as long as the product is used correctly, in respect of its mode of use as instructed in the technical information attached to the product. Such guarantee is reserved for the private consumer (physical person who acquired the product not referable to his professional activity, in other words the product is purchased without indicating the VAT no in the original order form). In case of a latent defect, the Seller will provides, without any expense incurred by the Client, that product is returned, repair/substitution or a discount on the original price, until matter is solved.
    3. Replacement in case of DOA, that is (Dead On Arrival) for products that do not work on receipt of consignment, will only apply if there is real evidence of defects. No replacement occurs if there is evidence that the Client has not used product correctly or else, as far as spare parts are concerned, it is evident that there was misuse by someone who is not competent in repairs.
    4. In case where, for any reason, the Seller cannot offer a product under guarantee (restored or replaced) to his Client, he can proceed, at his discretion, to refund the amount paid, keeping in mind the proper use of the product, or else substitute product with one that is equivalent or superior in quality.
    5. Replacement period depends exclusively on the availability of the product in the warehouse and no damage can be claimed from the Seller for any eventual delay in replacement.
    6. Where the guarantee entails the replacement of a product, an item has to be returned by the Client in its original packaging, complete in all it components, (including packing, documents and accessories: manuals, wires etc.); to limit damage to the original packaging it is recommended that item is packed in a second box; it is imperative to refrain at all cost from affixing any stickers or adhesive tape directly on the original packaging. The Client will be supplied with a code of authorisation on receipt of the product in the relative authorisation e-mail.
  7. Privacy
    1. The personal date requested at the initial application are collected and retained to satisfy the client’s requests, and will in no way handed over to third parties. The Seller guarantees confidentiality to his customers in respect of the Personal Date Protection Act, DL 196 dated 30.06.2003.
      Holder of the treated data is Filtex 1965 Distribution s.a.s. Via Colletta, 13 13811, Andorno Micca (Biella).
  8. Complaints
    1. Any complaints have to be referred to Filtex 1965 Distribution s.a.s. Via Colletta, 13 13811, Andorno Micca (Biella).
  9. Applicable Law
    1. The contract of sale between the Client and the Seller means that it is conducted in Italy under Italian Law. For solutions of civil and penal contraventions originating from overseas contracts of sale, the competent body is the one of the client’s residence; in all other cases, the competent body is exclusively the Foro di Biella.