Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMER CUSTOMERS (B2C)
Art. 1 Definitions
- Except as otherwise provided in the Contract, the following terms and expressions shall have the meanings set forth below:
- a) AGO S.r.l., with registered head office and operational headquarters in Santa Maria di Sala (VE), via Newton 1, Taxpayer ID, VAT and Registration with the Business Register of Venice No. 03847640277, REA (Economic and Administrative Register) No. VE-343494, certified e-mail address: email@example.com, firstname.lastname@example.org
- b) "Site" or "Website": the web site/commercial platform that can be reached at the URL abhika.com, owned by AGO S.r.l.
- c) "Customer": the natural person who stipulates the Contract for the purchase of one or more Products.
- d) "Consumer" or "Consumer Customer": the Customer (natural person) who is acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
- e) "Professional" means a natural or legal person or non-personified entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. If the professional intends to stipulate the Contract of sale of Products with AGO S.r.l., they shall have to access the B2B section of the Website.
- f) "Parties": AGO S.r.l. and the Customer.
- g) "Product" means any goods made available for purchase through the Website. The product catalog is constantly updated and the availability of each product may change without notice.
- h) "Login Credentials": the "username/e-mail address" and "password" relating to each Customer's account, required to access the restricted area of the Website and to stipulate the Contract.
- i) "Business Days" and "Business Hours": Monday to Friday, excluding national holidays, with business hours from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:30 p.m.
- j) "General Terms and Conditions": these General Terms and Conditions of Sale, which regulate the relationship between AGO S.r.l. and the Consumer Customers.
Art. 2 Parties to the Contract
The Parties to the Contract are AGO S.r.l. and the Consumer Customer, whose personal data are indicated in the Order Confirmation sent by AGO S.r.l.
The data of AGO S.r.l. are indicated in Art. 1, paragraph 1, letter a), of these General Terms and Conditions.
The Customer must have reached the age of majority and be legally capable of acting in relation to the Contract; the use of the Website or the services/Products shall not be prohibited or inhibited by any rule or provision. By accessing the Website, the Customer declares and confirms under its sole responsibility to legitimately assume the quality of party to the Contract.
Art. 3 Discipline of the Contract
The General Terms and Conditions govern the purchase, made by the Customers, of Products in the electronic catalog made available on the website www.abhika.com ("Website"), section B2C (Business to Consumer), as well as the access and use of all content and functions available on the Website.
The changes shall apply to orders for which the automatic Order Confirmation is received after their publication on the Website.
The publication of the Products indicated on the Website constitutes an invitation addressed to the Customer to formulate a contractual proposal of purchase to AGO S.r.l..
The purchase Contract stipulated between AGO S.r.l. and the Customer is understood to be concluded in the place and at the time in which the Order Confirmation is accessible to the Customer.
The Contract stipulated between AGO S.r.l. and the Consumer Customer is subject to the specific regulations set out in the Italian Legislative Decree No. 206 of 6 September 2005 ("Consumer Code"), in the Italian Legislative Decree 70/2003 which transposes and implements on the Italian territory the EU directive on electronic commerce (Directive 2000/31/EC), as well as in the Directive 2000/31/EC itself.
These General Terms and Conditions do not apply to contracts concluded with Professionals, for which the B2B (Business to Business) Website is reserved. If a Professional nevertheless concludes a purchasing Contract with AGO S.r.l. through the B2C section, the regulations for the protection of the consumer shall in no case be applicable towards them and the invoice may not show the VAT number of the Professional but only its Taxpayer ID.
Art. 4 Registration to the platform
In order to purchase Products through the Website, the Customer shall register.
Registration allows the Customer not to have to re-enter personal information each time they make a new purchase. Moreover it is necessary so that the Customer can monitor the shipment, submit claims or returns of goods or exercise any other rights under the Contract and the law.
In order to protect the security and quality of the Website, AGO S.r.l. reserves the right not to accept a new registration or to cancel an "account" at any time, if it does not comply with the Italian or European legislation or breaches any international laws or the General Terms and Conditions.
Failure to register shall result in the inability to make purchases.
To register and proceed with the purchases it is possible either to use an account already registered on Facebook and Google+ or to fill out the registration form, entering the required data. Under both procedures, access shall take place by entering a password that can always be changed, even after registration. Registration is confirmed by an e-mail sent to the address provided by the User. The username/e-mail and password are the "Registration Credentials" to be used to access the platform.
Registration Credentials are personal and may not be transferred to third parties.
The Registration Credentials may be changed by the User at any time by accessing the Website, under the "Profile – Account Settings – Change Password" section. The Customer is obliged to notify AGO S.r.l. in case of misuse, theft and/or loss.
The Customer is required to provide its data correctly and truthfully and is responsible for the inclusion of false information or information constituting a conduct punishable by law. The Customer agrees to hold AGO S.r.l. harmless from any obligation to pay compensation, penalties resulting from and/or in any way connected to the infringement of the registration rules. The Customer is responsible for accessing its profile through the assigned Registration Credentials and is directly responsible for any damage or harm caused to the platform and carried out through its Registration Credentials.
All transactions made using the "Registration Credentials" are considered to be made by the Customer with whom the "Registration Credentials" are associated.
Registration shall be done using one's own active e-mail account. Profiles that have been registered using another person's e-mail address, a temporarily assigned e-mail, already registered or not validated may not successfully complete the registration process or, in case of successful registration, may be deleted without notice.
The e-mail address may be changed by the User at any time by accessing the Website, under the "Profile – Account Settings – Change E-mail" section.
The User may delete its Account by logging in to the Website, under the "Profile – Account Settings – Deactivate Account" section.
Art. 5 Purchase procedure and conclusion of the Contract
A registered Customer may purchase one or more Products published on the Website by clicking on the "add to cart" button. Once the cart has been filled with the selection of desired items, the Customer may proceed with the purchase of the same by pressing the button "proceed to check-out".
During the order process, the Customer will have the opportunity to enter the place of delivery of the goods, any billing data, the chosen means of payment, and the authentication credentials for payment. Once the form is filled in, the Customer shall have the possibility to check and modify the entered data. Once the data has been verified, the Customer can finally validate and transmit the order (hereinafter "Purchase Order") by clicking on the "Purchase" button.
Immediately after clicking on the "Purchase" button, the Purchase Order shall be stored on the Website. The Customer can view it at any time in the "My orders" section available on the pages of the Website. The Customer shall receive an automatic notice via e-mail - sent to the e-mail address indicated in the purchase procedure - which shall summarize all the elements of the Order such as: characteristics of the ordered Product, price, selected payment method, shipping costs, delivery times.
The aforementioned automatic e-mail does not constitute an acceptance of the purchase proposal, which shall be finalized only after the verification of data and of the availability of the requested products, as well as of the successful payment.
The acceptance of the order remains subject to the verification of the conformity of the order to the General Terms and Conditions, to the domestic and international regulations, to the availability of the products and to the successful completion of the payment.
The acceptance of the order shall be certified by a non-automatic e-mail called "Order Confirmation", which shall be printed and kept as proof of purchase. At the same time, the article will have an "In progress" status in the reserved area "Orders" available on the Website.
AGO S.r.l. is entitled to accept or not, at its own discretion, the order sent by the Customer, without the latter being able to submit any claims or claim any rights of any kind, for any reason whatsoever, in case of non-acceptance of the order itself, except for the complete, prompt and free refund of the amount paid.
Art. 6 Payment
Payment can be made by Paypal, Credit Card (via PayPal or Stripe), Bank Transfer, Google Pay, or Apple Pay.
Information relating to the purchaser means of payment shall be transmitted and managed by a third party ("Intermediary"), via secure connection directly to the website of the Intermediary handling the transaction. The accepted circuits are indicated on the Website before sending the order.
In order to protect the security of the Customer to the maximum possible degree, AGO S.r.l. is never aware of the data related to the means of payment (credit card number) which is received only by the banking institutions that shall provide the authorization. AGO S.r.l. is only informed of the outcome of the transaction.
We remind you that the provisions and the information for the payment entered by the Customer in the financial circuits (credit card number, security codes), are processed through a connection that uses the SSL Protocol (Secure Sockets Layer) and shall not be stored in any way by AGO S.r.l..
In case of payment by Bank Transfer, the Customer shall receive an e-mail with the subject "Order Summary" with a simple list of purchased items and the instructions for proceeding with the Bank Transfer. After the Bank Transfer has been made by the Customer and AGO S.r.l. has verified the subsequent crediting of the involved sums on its bank account, the Customer shall receive a second "Order Confirmation" e-mail.
In the event of payment by Bank Transfer, the time required by AGO S.r.l. to verify such crediting shall not exceed 5 (five) days from the date of the bank order made by the Customer. In order to speed up this verification phase, the Customer may send to AGO S.r.l., to the e-mail address email@example.com, a receipt of the submitted bank transfer.
In case of lack of confirmation of the payment (both by Credit Card and by Bank Transfer) beyond fifteen days from the date of transmission of the purchase Order, AGO S.r.l. reserves the right to cancel the order.
Payment shall be made at the same time as the order. In case of non-payment by the Customer of the agreed price, for any reason or cause whatsoever, or in case of non-acceptance of the shipment or its non-picking-up, AGO S.r.l. shall invite the Customer to settle the amount due, reserving the right to any further action. Until the Customer has regularized its debt position with AGO S.r.l., the latter reserves the right to cancel any subsequent deliveries of Products, to terminate any existing Purchase Contracts, as well as block the purchasing functions through the Website, without prejudice to the compensation of any further damage.
Art. 7 Invoicing
The Customer is required to communicate the request for any specific tax and accounting documents during the purchase process. For administrative reasons, the issuance of purchase invoices requested by the User after the order has been placed cannot be ensured.
For the purposes of invoicing, the information provided by the Customer in the Purchase Data section of the Website shall be used as basis; therefore, AGO S.r.l. invites the Customer to always verify, with the utmost care, the accuracy of the data provided therein.
The Customer assumes all responsibility for the accuracy of this information. No change in the invoice will be possible after the invoice has been issued.
Art. 8 Description and visual representation of the goods
The visual representation of the Products on the Website, where available, usually corresponds to the photographic image of the Products themselves and/or their packaging. Such representation has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of AGO S.r.l., about the exact correspondence of the image depicted on the Website with the actual Product.
Any minor imperfections or differences in the Product with reference to the image or of the Products among them are due to the handicraft manufacture of the same, they do not constitute any vice and are the expression of the quality and the beauty specific of the product.
In case of difference between the image and the written product data sheet, the description in the product data sheet shall always prevail.
Art. 9 Availability of the Products
The Customer may only purchase the goods in the catalog published on the Website and in the quantities therein indicated. The prices and the availability of the Products, as shown on the Website, are subject to change at any time and without notice.
Where Products are being restocked and not immediately available, the Customer has the option to reserve the Product, performing an advance payment.
The reservation with prepayment ensures the Customer priority in the purchase as soon as the Product will be available again.
The Customer acknowledges that, due to the possible simultaneous access to the Website by several users and the time elapsing between the loading of the web page and the insertion in the cart, the actual availability of individual Products may vary significantly during the same day compared to the indications given on the Website.
When the order proposal is sent by the Customer, AGO S.r.l. verifies the actual availability of the purchased Products and informs them if one or more Products have meantime become unavailable.
In case of unavailability of the ordered Product, the purchaser shall be informed within 20 (twenty) days from the Order by e-mail or by phone and the purchase order shall be modified with reference only to the Product no longer available.
If the payment for a Product that is no longer available has already been made, AGO S.r.l. shall reimburse the amount paid by the purchaser, including shipping costs, within 14 calendar days from the notice of the Product unavailability. The amount of the refund shall be notified by e-mail, and credited using the same means of payment used for the purchase or by bank transfer.
AGO S.r.l. shall not be made liable for delays in crediting the refunds for goods no longer available attributable to the bank used by the Customer for the payment. In any case, to protect the Customer the value date for the credited amount shall correspond to the debiting date.
Art. 10 Prices and shipment costs
The Customer shall pay AGO S.r.l. the price indicated on the order confirmation page. All prices of the Products are indicated on the Website in Euro (EUR) and are inclusive of VAT only. In case a Product is discounted, the discount percentage, the original or usual price and the final price are indicated.
AGO S.r.l. reserves the right to change prices, to revoke and insert new offers at any time, without prior notice.
The burden of periodically checking the prices and sales offers of the Products they are interested in lies with the Customer. These changes do not affect orders already submitted and for which the automatic order receipt has been received.
The order implies the acceptance of the price.
If, due to platform errors or other inconveniences, the price indicated on the Website should be higher than the correct selling price of a Product, AGO S.r.l. shall contact the Customer to verify the possibility of proceeding with the purchase at the correct price. In case of a negative response, the order shall be canceled and a refund shall be made within 14 calendar days, through the payment method chosen by the Customer at the time of order.
If the correct price of a Product is lower than the one indicated on the Website, AGO S.r.l. shall charge the Customer only the lower correct price, issuing a refund equal to the difference within 14 calendar days from the date of the placed order.
If the Customer's payment currency is different from Euro, the final price shall be calculated in the currency of payment, at the exchange rate in force at the time the payment is made (credit card debiting/bank transfer).
Shipping and delivery costs are charged to the Customer.
The amount of the shipping and delivery costs is indicated in the summary page of the order displayed to the Customer before the submittal of the order itself.
Delivery options are established according to the content of the order and the place of delivery.
Art. 11 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 firstname.lastname@example.org.
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 email@example.com; 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.
Art. 23 Intellectual Property Rights
All the trademarks, patents, utility models and decorations, as well as any intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and, more generally, any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Website remain the exclusive property of AGO S.r.l. and/or its assignees, without the Customer having any right to them resulting from access to the Website and/or from the stipulation of the Purchase Contracts.
Art. 24 Processing of personal data
Art. 25 Complaints and Assistance
The Customer may submit any complaints or request assistance with regard to the purchases made, by contacting AGO S.r.l by mail to the address AGO S.r.l, Via Isaac Newton nr. 1, 30036 Santa Maria di Sala (VE), by e-mail to the address firstname.lastname@example.org or in any case calling the telephone numbers indicated in Art. 1, paragraph 1, letter (a), of these General Terms and Conditions.
As provided for in Art. 18 of these General Terms and Conditions, some Products are covered by the conventional manufacturer warranty and all of them are covered by the legal manufacturer warranty. In these cases, AGO S.r.l. invites the Customer to contact the manufacturer directly, who is a third party with respect to AGO S.r.l; in case of need, AGO S.r.l remains at the Customer disposal to communicate the manufacturer contact details already indicated in the warranty.
Claims shall be processed by AGO S.r.l. in the shortest possible time; the Customer shall receive a reply within 2 (two) working days from the notification.
Art. 26 Other provisions
The Website may only be used for personal, non-commercial purposes.
The Customer may not modify, copy, distribute, transmit, disseminate, reproduce, publish, transfer or sell the content of the Website or any part thereof or use it to make other products or creations.
The Customer uses the Website at its own risk and under its own personal responsibility.
By using the Website, the Customer agrees and accepts not to use it:
- For unlawful purposes or in such a way as to enable, incite or induce the commission of unlawful acts;
- In ways or for purposes that may interrupt, damage or make the Website or any part of it inoperable or less efficient or secure;
- For purposes other than for personal use;
- To transmit, communicate, disseminate information or data that is defamatory, obscene, vulgar, in breach of copyrights, trademarks, registered designs or other rights, or to threaten or spread hatred or discriminate against anyone;
- To transfer files containing viruses, trojans or other dangerous programs;
- To force or attempt to force the security measures of the Website.
AGO S.r.l. reserves the right to suspend, limit or prevent, temporarily or permanently, access to or use of the Website in the case of ascertained use of it that is not in compliance with what is foreseen in these General Terms and Conditions, in the national or international provisions.
AGO S.r.l., in compliance with the regulations in force regarding the processing of personal data, undertakes to keep the IP number used by the User to access the functions of publication or consultation of the contents. AGO S.r.l. puts in place all the initiatives aimed at achieving collaboration with the competent authorities, and in particular with the Postal and Communications Police Service, in order to identify the assignees of the network resources used for the publication of the content hosted on its servers, as resulting from the related contracts or equivalent documents.
Art. 27 Link to the Website
The Website may contain advertising or links to websites belonging to third parties (hereinafter, "Third Party Websites").
AGO S.r.l warns that it does not exercise any control over these Third-Party Websites and consequently shall not be made liable for the availability of these websites, their content, advertising and products and/or services available on, or from, these Third-Party Websites. The inclusion of advertising or Links to Third Party Websites does not imply and cannot be construed in any way as an endorsement, support or approval by AGO S.r.l. of their contents. The User acknowledges that the use of Third-Party Websites takes place at its own risk and responsibility and that AGO S.r.l. shall not be in any way made liable for any direct or indirect damage that may be caused by the User access to Third Party Websites and by the use of the contents and services of such Third-Party Websites. The existence of advertisements of or links to Third Party Websites does not imply the existence of an authorization on the part of AGO S.r.l. to the use of its trademarks, protected material, commercial name or logos. If the User is aware of the existence of illicit content in Third Party Websites, they shall have the duty to inform the competent authority and AGO S.r.l. so that the latter can immediately delete the involved Link to the Third-Party Website in question.
Art. 26 Applicable Law and Place Having Jurisdiction
The Contract is governed by Italian Law.
Any disputes that may arise regarding the application, interpretation and execution of the Contract with the Consumer Customers shall be referred to the jurisdiction of the judicial authority of the place of residence or domicile of the Consumer Customer.
This is without prejudice to the possibility for the Customer to refer to dispute resolution procedures alternative to court proceedings, including assisted negotiation in accordance with the Italian Law Decree No. 132/2014 or to mediation pursuant to Italian Law 28/2010.
This is without prejudice to the protection before the Antitrust Authority pursuant to Articles 66 et seq. of the Italian Consumer Code.