CPL S.a.s. - TERMS OF SALE
The company CPL S.a.s., Via delle Industrie 226/I, Albissola Marina, Savona P.IVA 00470030099, telephone number +39 019 481502, fax +39 019 481797, is the owner of the property right and of any other right concerning the use in any form of the online catalogue published on the website www.cplfabbrika.com.
The following General Terms and Conditions of Sale (hereinafter only "General Terms and Conditions") govern all contractual relations for the sale of products, concluded at a distance via the Internet on the website www.cplfabbrika.com.
The online sale of goods by CPL S.a.s., Via delle Industrie 226/I, Albissola Marina, Savona P.IVA 00470030099 to its Customers is regulated by the Italian legislation in force:
➢ Art. 15, paragraph 2, of Law no. 59 of 15 March 1997, which attributes legal value to all effects to documents, deeds, data, contracts formed by private individuals and by the public administration by means of computerised tools, transmitted electronically and drawn up with the formalities provided for by the regulations implementing the same law.
➢ Article 11 of Presidential Decree no. 513 of 10 November 1997, known as the "Regulations", containing the criteria and methods for the formation, filing and transmission of electronic documents, which states: "Contracts concluded by computer or electronically through the use of digital signatures in accordance with the provisions of these regulations are valid and relevant for all legal purposes" and paragraph 2 which states: "the provisions of Legislative Decree no. 50 of 15 January 1992 shall apply to the contracts indicated in paragraph 1".
➢ CPL S.a.s., pursuant to Article 18, paragraph 2 of Legislative Decree No. 114 of 1 March 1998, does not send products to the Customer without the latter's specific request.
➢ CPL S.a.s. operates in compliance with Legislative Decree No. 70, April 9, 2003 issued in implementation of Directive 2000/31/EC on certain legal aspects of information society services, with particular reference to electronic commerce. For all that is not expressly provided for by Legislative Decree No. 70 of 9 April 2003, the application of the rules for the protection of the consumer, Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and the general rules provided for in contracts remains unaffected.
The term "online sales contract" refers to the distance contract, i.e. the legal transaction concerning movable goods and/or services concluded between the company CPL S.a.s. and a Customer, through the online service www.cplfabbrika.com, as part of a distance sales system organised by the company CPL S.a.s. which, for this contract, uses exclusively the telecommunications technology known as the Internet.
These conditions of sale are also applicable to any other type of "distance" contracts such as those concluded by e-mail or fax.
All products in the catalogue and marketed are CE marked "Conformité Européenne", or comply with the essential requirements for marketing and use in the European Union.
The CE mark means and indicates that the marked product complies with the essential requirements of the Directives on safety, public health, consumer protection, etc.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contract concluded between CPL S.a.s. and the Customer is understood to be concluded
- with the acceptance of the order by the Supplier;
- after the recipient of the service has received from the Supplier, by electronic means, confirmation of receipt and reading of the acceptance of the order;
- These "General Terms and Conditions", (cf. art. 1341 Civil Code and following) are an integral and essential part of the sales contract, and for this reason they must be examined "online" at www.cplfabbrika.com by the Customer, before completing the purchase procedure. The forwarding of the order confirmation, therefore, implies full knowledge of the same and their full acceptance.
- Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded.
- These "General Terms and Conditions" may be updated or amended at any time by CPL S.a.s., which will communicate this in this section of the website.
- It is strictly forbidden for the Customer to enter false, third party or fictitious data in the registration process required to activate the procedure for the execution of this contract. CPL S.a.s. reserves the right to prosecute any violation or abuse.
3. PURCHASING METHODS
The Customer may only purchase the products in the electronic catalogue of CPL S.a.s. at the time the order is placed and which can be viewed at www.cplfabbrika.com, as described in the relevant information sheets.
The technical information included in the website www.cplfabbrika.com faithfully reproduces that of the manufacturers of the goods included in the catalogue; however, it may change due to production variations that have occurred subsequently.
In addition, the online catalogue may contain typographical errors and the colours of the illustrated products may vary slightly from the originals.
- CPL S.a.s. reserves the right to modify the technical information of the products in order to bring it into line with that provided by the manufacturers, without any need for prior notice (see art. 7, legislative decree no. 70/2003).
- It is understood that the photographic image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics, and may differ in colour, size, and accessories shown in the picture.
- The purchase contract is finalised by means of the exact compilation and consent to the purchase manifested through the adhesion given "online" (cf. art. 12, legislative decree no. 70/2003), subject to the successful completion of the payment. Each order is intended as an irrevocable proposal by the purchaser.
- An irrevocable purchase proposal is also deemed to be the submission of an order with the purchaser's details and the product ordered by email or fax.
- Correct receipt of the order is confirmed by www.cplfabbrika.com by means of an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will contain the date and time of execution of the order and a "Customer Order Number", to be used in any further communication with the supplier. The message shall show all the data entered by the Customer, who undertakes to check that they are correct and to promptly notify any corrections. The receipt of the order in its computer system does not bind CPL S.a.s. until it has sent written confirmation by e-mail to the address provided by the customer during the initial registration and until the payment by credit card, bank transfer or cash on delivery, as indicated online at the time of purchase, has been successfully completed.
CPL S.a.s. stores in its computer system the data relating to the orders received (contract), which will be accessible by the Customer by accessing the ecommerce site www.cplfabbrika.com in the manner indicated therein.
The products in the catalogue may show one of the following statuses:
Available: The product can be ordered. This availability is however indicative and subject to the order confirmation being sent by e-mail.
Not available: The product cannot be purchased, i.e. the product is not in stock.
For any reason in which the product purchased on www.cplfabbrika.com is out of stock, temporarily missing from the central warehouse, or impossible to find, the supplier within thirty days from the day after the order was sent to CPL S.a.s., CPL S.a.s. undertakes, subject to written notice, to refund the amount paid for the supply as soon as possible and in any case within thirty days.
CPL S.a.s. undertakes to carry out exactly the agreed supply, not being able, without the prior consent of the consumer, to replace it with a different one, even if of equivalent or superior quality.
4. PRICE OF THE PRODUCTS
- The sales prices indicated on the website are expressed in euros [€], constitute an offer to the public as dictated by 1336 of the Civil Code, are exclusive of VAT and do not include delivery costs.
- Shipping and delivery costs are borne by the Customer (unless CPL S.a.s. decides to include them in the total price. In this case, it is necessary to specify that the cost of the product also includes delivery costs).
- CPL S.a.s. reserves the right to change prices at any time, but is equally committed to applying the prices indicated on the website at the time the order is placed (see art. 7 d. lgs. 70/03).
- In the event of delivery abroad, any additional costs shall also be borne by the purchaser.
- The Customer shall always check the price and any additional costs before confirming the purchase.
5. TERMS OF DELIVERY
The purchased goods shall be delivered no later than thirty days from the date of the order confirmation.
Once the purchase is confirmed, upon completion of the transaction, the Customer will receive an e-mail message containing the Date and Total Amount of his order and the date of shipment. Any variations in delivery costs, related to delivery times, shall necessarily be indicated.
➢ Deliveries are made during WORKING HOURS, therefore it is preferable to enter an address where someone is always present to collect the parcel, otherwise the parcel will be stored with consequent delay in delivery and possible charges for storage.
➢ CPL S.a.s. declines all responsibility for non-delivery due to causes dependent on failure to collect, incorrect or incompletely entered address or other causes beyond our control.
➢ At the time of delivery of the goods, the Customer is required to check
- that the number of packages delivered corresponds to the number indicated in the transport document;
- that the packaging is intact and not altered.
➢ In the event of tampering and/or breakage, the Customer shall immediately dispute the shipment and/or delivery by affixing the word "goods control reserve" on the delivery document received from the courier or other operator.
➢ Any damage must then be reported within 8 (eight) days of receipt of the goods in accordance with the procedures provided by the operator chosen for the shipment and/or delivery.
➢ If the goods are not collected within the terms indicated by the carrier at the time of attempted delivery and are returned to the sender, nothing shall be due to the customer, who may request a new shipment at his own expense.
Any storage costs shall also be borne by the customer.
➢ CPL S.a.s. shall not be liable for any inefficiency due to force majeure (e.g. strikes, natural disasters, etc.).
6. WARRANTY CONDITIONS
a. consumer customer
CPL S.a.s. applies to the sale of consumer goods in the electrotechnical, electrical and electronic sector for private use, the guarantee provided for by the law as per articles 128 and following. Legislative Decree 206/2005.
The legal warranty lasts for 2 (two) years from delivery of the goods and must be activated by the consumer within 2 (two) months of discovery of the defect/defect.
b- customer purchasing with VAT number:
for customers who purchase with a VAT number, CPL S.a.s. applies a 12 (twelve) month warranty to the sale of goods in the electrotechnical, electrical and electronic sector, starting from the delivery of the goods, with a specific obligation on the customer to report the defects/faults of the product within 8 (eight) days of their discovery.
The warranty period starts from the delivery of the product and ends at the end of the twelve months, even if the product has not been put into operation.
During the warranty period, CPL S.a.s. undertakes to repair or replace free of charge any parts that prove to be faulty, with the exception of: faults caused by negligence, carelessness or inexperience in the use of the product by the Customer - tampering with the product or unauthorised intervention on the product by the Customer - faults due to unforeseeable circumstances, force majeure, overvoltage and/or any other event deriving from a defect/defect in the electrical system, from binding, wetting and/or excessive humidity, fire - damage caused by the transport of the product.
Nothing will be due by CPL S.a.s. to the Customer as compensation and/or indemnity for the time during which the product, due to the intervention under warranty, will not be usable.
Transport costs during the warranty period are free of charge for shipments of less than € 30.00.
7. RIGHT OF WITHDRAWAL
Pursuant to art. 54 of Legislative Decree 206/2005, the Consumer may exercise the right to withdraw and return the product received in accordance with the terms and procedures provided for below. The private Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of fourteen working days starting from the day of receipt of the purchased product, by sending, within the aforementioned term, written notice of withdrawal
(a) by registered letter with acknowledgement of receipt to the following address: CPL S.a.s., via delle Industrie 226/I, 17012 Albissola Marina, Savona;
(b) by telegram (to the aforementioned address) or fax to the following number +39 019 481797 provided that the latter communication is confirmed within the following 48 hours by registered letter with acknowledgement of receipt referred to in point (a) above;
(c) withdrawal by e-mail to the address firstname.lastname@example.org is permitted.
CPL S.a.s. will reimburse all payments received from the consumer, possibly including delivery costs, without undue delay and in any case within fourteen days from the day on which it is informed of the consumer's decision to withdraw from the contract pursuant to Article 54 of Legislative Decree 206/2005. Lgs. 206/2005.
The refund will be made as soon as the goods are received by CPL S.a.s. or in any case after it has received proof of return.
In no case will be reimbursed ancillary expenses such as higher delivery costs than the least expensive offered by CPL S.a.s..
The costs of the return are borne by the consumer.
The consumer is responsible for any decrease in the value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning.
The right of withdrawal is excluded in the cases provided for in art.59 D. Lg.s. 205/2006 and in particular in case of supply of goods made to measure or clearly customised and products sold sealed and not usable after opening.
8. Express termination clause
The non-fulfilment of even only one of the obligations of the Customer as specified in this contract determines the ipso jure termination of the same pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right of CPL S.a.s. to take legal action for compensation for further damage.
9. Disputes and Liability
The Customer accepts that the notification and communications relating to all online services (including those relating to purchase orders) are made by CPL S.a.s. in electronic format e-mail (electronic mail) and through the web service, acknowledges the full validity and expressly waives as of now to disavow the content.
CPL S.a.s. is released from the obligation to deliver from the moment the goods are entrusted to the carrier and/or forwarding agent.
CPL S.a.s. disclaims any liability for any malfunctions or inefficiencies in the use of the site, due to causes beyond its control.
CPL S.a.s. does not assume any liability for inefficiencies attributable to force majeure such as, for example, accidents, explosions, fires, strikes, earthquakes, floods and other similar events that prevent, in whole or in part, to execute the contract within the agreed time.
Similarly, CPL S.a.s. is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment when paying for products purchased. CPL S.a.s., in fact, at no time during the purchase process is able to know the customer's credit card number, which, via a secure connection, is transmitted directly to the manager of the banking service.
CPL S.a.s. cannot be held responsible for the consequences resulting from improper use of the products sold on the Site.
Any complaint must be addressed to CPL S.a.s., by post to the address of Via delle Industrie 226/I, Albissola Marina, Savona. The sales contract between the Customer and CPL S.a.s. is concluded in Italy and governed by Italian law and European laws, if implemented by the Italian state.
For the solution of disputes arising from the conclusion, execution, interpretation and breach of this contract of sale, the territorial jurisdiction is exclusively that of the Court of residence or elective domicile of the customer, if a consumer; in any other case, the Judge of the place of residence or registered office of the seller has jurisdiction.
In the sale to foreign non-consumers, the place of performance of the obligation is the place of delivery of the goods to the carrier or forwarding agent.
Therefore, the relative disputes are within the jurisdiction of the Judge of the place of performance of the obligation as established above.