Delivery & Returns
Shipping and delivery times
AGO S.r.l. undertakes to fulfill its obligations in a short time;
Delivery times and means of transport depend on the country to which the Products are to be delivered.
In the Italian territory, the term of delivery shall be maximum 30 days from the acceptance of the order. The delivery term, not essential unless otherwise expressly agreed upon, relating to the specific order shall be notified to the Customer together with the Order Confirmation.
In the event that a problem occurs during transport and the shipment does not reach its destination within the indicative time limit referred to in paragraph 1, the Customer can promptly report this to AGO S.r.l., which shall attempt to resolve the matter within a reasonable period of time. AGO S.r.l. invites the Customer not to contact it before the aforementioned indicative period has elapsed, since it would not have the necessary data to be able to effectively activate itself with the entrusted courier.
The terms for the processing and delivery referred to in this article are only indicative and not ensured.
The delivery times are referred to Products in stock at the time of the purchase order.
Not any liability can be imputed to AGO S.r.l. for any delays in the delivery of the goods due to unforeseeable circumstances or force majeure, including measures implemented by authorities also motivated by reasons of protection of health or public order, as well as in case of strikes, weather events, special holidays, inventories of stock, transfers of headquarters, changes to information systems and other extraordinary events; these circumstances are likely to extend the indicative times for the processing of orders, even by several days.
In any case, if the delivery times of the ordered Product should be delayed compared to the delivery times indicated on the Website before the order, AGO S.r.l. undertakes to give prompt notice to the Customer by means of an e-mail message sent to the address indicated by the Customer.
If it is not possible, for any reason whatsoever, to proceed with the delivery of the Products purchased in compliance with Art. 11 of the General Terms and Conditions, AGO S.r.l. reserves the right to inform the Customer of the cancellation of the order by e-mail.
Art. 12 Delivery of the products
All deliveries of products shall take place at the risk of AGO S.r.l. until the moment in which the Customer or a third party designated by the latter materially comes into their possession.
Unless otherwise specifically requested by the Customer as indicated in the notes at the bottom of the order proposal, the delivery of the products is intended to take place at street level.
In order to carry out the delivery of the ordered products, the presence of the Customer or of a person appointed by the latter is necessary at the place indicated by the Customer, who shall then accept the package on behalf of the Customer. In case of absence of the Customer (or of a person entrusted by the same), the freight forwarder will leave a notice with the indications to be able to agree on a different delivery date.
If the delivery does not take place for reasons attributable to the Customer (for example, due to its absence and/or its failure to contact the freight forwarder), the Customer shall always be obliged to pay the additional costs (e.g., return of the Product to AGO S.r.l., charges for custody/warehousing, etc.).
Art. 13 Verification operations upon delivery of the Products
At the time of delivery of the products, the Customer is required to check that the number of the delivered packages corresponds to the one indicated on the transport document on the packaging, as well as that the packaging itself is intact, undamaged or otherwise altered, even in terms of closing materials, checking with particular care the possible presence of signs indicating the breakage of the sent goods.
Under penalty of forfeiture, any damage to the packaging and/or products and/or mismatch in the number of packages and/or stated information shall be immediately notified by the Customer, who shall declare, in writing, to the person in charge of delivery of the products, that they are accepted "subject to inspection" or reporting that they are "damaged": failing that, not any claim shall be accepted. The Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to AGO S.r.l. (by e-mail or registered letter with acknowledgment of receipt to the address provided under Art. 1 of these General Terms and Conditions) any and all problems concerning the integrity, correspondence and/or completeness of the received Products, under penalty of forfeiture.
This clause does not exclude or limit the warranty for defects, lack of quality, non-conformity of the Product or the manufacturer's warranty as provided by law and by the following articles of these General Terms and Conditions.
Art. 14 Force majeure and acts of third parties
AGO S.r.l. shall not be responsible for cases of force majeure or fortuitous events, unforeseeable or unavoidable events, measures taken by the authorities also for reasons related to health or public order, which make the fulfillment of the Contract more burdensome or impossible or delay it.
In the cases referred to in the previous paragraph, AGO S.r.l. has the right to divide, postpone or cancel, in whole or in part, the planned delivery or to terminate the Contract. In such cases, AGO S.r.l. undertakes to provide timely and adequate notice of its determinations to the e-mail address indicated by the Customer, who, in this case, has the right to the refund of the paid price, excluding any further claim, for any reason whatsoever, against AGO S.r.l.. In this regard, the Customer expressly waives any claim, even by way of mere reimbursement and/or compensation, against AGO S.r.l..
Art. 15 Storage and preservation of the Products
The Products sold by AGO S.r.l. must be kept, used and maintained by the Customer using the precautions and measures required for this purpose and related to the nature of the Products themselves.
Negligence and/or inexperience in the storage, use and maintenance of any Product may damage it and impair its quality and/or operation. AGO S.r.l. shall not be made liable for any damage to the sold products resulting from incorrect and/or improper storage, use, maintenance of the same, with the express forfeiture of any warranty on them.
Art. 16 Warranty
The Consumer Customer is entitled to both the ordinary warranty against defects, lack of quality and deformity provided by the Italian Civil Code and the warranty provided by the Italian Consumer Code in case of discrepancies and safety of the product.
Up to two (2) years from the delivery of the Products, AGO S.r.l. is responsible towards Consumer Customers, in accordance with Articles 130 and 132 of the Italian Legislative Decree 206/2005, for any lack of conformity of the Products existing at the time of delivery.
The lack of conformity is deemed to exist if: (i) the Product is not suitable for the use for which goods of the same type are normally used; or (ii) it does not comply with the description or it does not feature the qualities referred to in the sample or model shown by AGO S.r.l.; or (iii) it does not offer the usual qualities and performance of goods of the same type that the Consumer can legitimately expect; or (iv) it is not suitable for the particular use desired by the Consumer if brought to the knowledge of the seller at the time of purchase and accepted by AGO S.r.l..
There is no lack of conformity if, at the time the Contract was concluded, the consumer was aware of the defect and could not have been unaware of it with ordinary diligence or if the lack of conformity arises from instructions or materials provided by the consumer.
The Customer rights to which they are entitled pursuant to Art. 130, paragraph 2 of the Italian Legislative Decree 206/2005 are forfeited, if the Customer does not report the lack of conformity to AGO S.r.l. within the term of two (2) months from the date on which it discovered the defect.
In the event of a conformity defect, the Customer has the right to have the conformity of the goods restored, without any charge, by means of repair or replacement, at its choice, unless the remedy requested is objectively impossible or excessively burdensome for AGO S.r.l.. One of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on AGO S.r.l., taking into account:
- a) the value that the goods would have, if there was no lack of conformity;
- b) the extent of the lack of conformity;
- c) whether the alternative remedy can be completed without significant inconvenience to the consumer.
The Customer may request, at its option, an appropriate reduction in price or the termination of the Contract, if one of the following situations occurs:
- a) repair and replacement are impossible or unduly burdensome;
- b) the seller has failed to repair or replace the goods within the reasonable period of time referred to in paragraph 5;
- c) the replacement or the repair previously carried out has caused significant inconvenience to the consumer.
The use of the goods shall be considered in determining the amount of the reduction or the amount to be returned.
The cases of exclusion and limitation of warranty are explained in Art. 17 ("Exclusions and limitations of the warranty").
Art. 17 Exclusions and limitations of the warranty
The shipping costs from the Customer to AGO S.r.l. for the assistance shall be entirely at the Customer's expense, while those related to the return shall be entirely at the expense of AGO S.r.l..
The warranty is excluded if the Customer has damaged the Products due to its own willful or negligent conduct, or in any case if, due to its negligence and/or carelessness and/or for other reasons not attributable to AGO S.r.l., the Customer has damaged and/or made the Products defective, and/or exposed them to natural events and/or used them improperly and/or without following the technical instructions indicated in the manuals, if any, and/or if they have carried out and/or have had personnel not authorized by AGO S.r.l. carry out repairs, interventions or tampering, and/or omitted the necessary maintenance, and/or stored the goods incorrectly. The warranty is also excluded if the defects and/or faults and/or malfunctions arise from a use of the Products other than that referred to in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.
If AGO S.r.l. finds that any flaws or defects in one or more of the Customer Products are attributable, directly or indirectly, to the Customer, the latter shall be required to pay the verification costs incurred for this purpose, as well as, by way of derogation from paragraph 1 of this article, the out-of-pocket expenses for the related return; AGO S.r.l., on its own initiative or at the request of the Customer, may also send the latter an estimate for the repair (where applicable).
Art. 18 Manufacturer warranty
Notwithstanding the warranties set forth by law, in addition to the foreseen legal warranty, some Products are provided with a conventional warranty offered by the individual manufacturer to the purchaser. AGO S.r.l. mentions this in the data sheet of each Product. The conditions and terms of these warranties are defined by each manufacturer, which is a third party with respect to AGO S.r.l..
In any case of responsibility for product defects, it is the responsibility of the Customer to request from AGO S.r.l. the name of the manufacturer. AGO S.r.l. shall be kept exempt from any liability by communicating the name of the manufacturer within the term established by law.
Art. 19 Withdrawal right
The Consumer Customer has the right to withdraw from the Contract, without providing any reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer Consumer or a third party other than the freight forwarder and designated by them, acquires physical possession of the Products.
To exercise the withdrawal right, the Consumer-Customer shall inform AGO S.r.l. at one of the addresses listed below email@example.com.
The Consumer-Customer shall notify its decision to withdraw from the Contract stipulated with AGO S.r.l. by means of an explicit declaration, sending a letter by post, fax or e-mail to the addresses indicated in the previous paragraph.
In order to comply with the withdrawal period, it is sufficient for the Consumer-Customer to send the notice regarding the exercise of the withdrawal right before the expiry of the withdrawal period.
Pursuant to Art. 54, paragraph 4, of the Italian Consumer Code, the burden of proof relating to the exercise of the withdrawal right is on the Consumer-Customer; therefore, it is advisable to send such notice to AGO S.r.l. by registered letter with acknowledgment of receipt to the following address: Via Newton nr. 1, 30036 Santa Mara di Sala (VE); or by certified e-mail message to the address firstname.lastname@example.org; or by any other means suitable to demonstrate with certainty the sending and the receipt of the communication by AGO S.r.l..
Art. 20 Effects of the withdrawal
If the Consumer-Customer withdraws from the Contract stipulated with AGO S.r.l., they shall be reimbursed for all the payments they have made, including the shipment costs (with the exception of the additional costs resulting from its possible choice of a type of delivery other than the least expensive type of standard delivery offered by AGO S.r.l.). Such refunds shall be made using the same means of payment used by the Consumer-Customer for the initial transaction, unless the Consumer-Customer has expressly agreed upon otherwise; in any event, the Consumer-Customer shall not incur any costs as a result of such refund. The refund shall be suspended until receipt of the goods, or until the Customer Consumer demonstrates that they have returned the goods, if this takes place earlier.
The Consumer-Customer shall return the goods or deliver them to AGO S.r.l. at the following address: Via Newton nr. 1, 30036 Santa Maria di Sala (VE), without undue delay and in any case within 14 (fourteen) days from the day in which they notified to AGO S.r.l. its withdrawal from the Contract. The time limit is met if the Consumer Customer returns the goods before the expiration of the 14 (fourteen) day period.
The direct costs of returning the goods shall be borne by the Customer Consumer.
The Consumer Customer shall only be liable for any decrease in the value of the goods resulting from any handling of the goods, other than what is necessary to establish the nature, characteristics and operation of the goods.
Art. 21 Cases of exclusion of the withdrawal right
The Customer Consumer may not exercise the withdrawal right provided for in Article 20 ("Withdrawal right") in the following cases: (a) if the goods are custom-made and/or clearly customized. At the time the order is placed, the summary note referred to in Art. 4 above shall highlight any customized nature of the Product or package and the consequent exclusion of the withdrawal right.
Art. 22 Slight negligence and limitation of liability
AGO S.r.l. shall not be made liable for damages, even to third parties, that may be caused as a result of its own slight negligence.
In no case, the sums that may be due by AGO S.r.l. for any reason or title whatsoever shall exceed those paid by the Customer in the execution of the Contract.