GENERAL INFORMATION
SELLER’S DETAILS
The goods covered by these General Conditions are offered for sale by the company ZONZINI S.R.L. with registered office in Via Caravaggio 8 – 37053 Cerea (VR), F.C. and VAT no. IT03550540235 R.E.A. (ADMINISTRATIVE ECONOMIC RECORD) VR-345531, Sole Shareholder– share cap. f.p. € 600.000 hereinafter referred to as the Seller.
- e-mail address: info@zonzini.it; PEC: zonzini.pec@pec.zonzini.it;
- phone number: +39 0442 330421;
- e-mail address where claims should be sent: info@zonzini.it.
For any communication or complaint, please refer to the information above.
The clauses of this Agreement may be subject to amendments following regulatory changes; therefore, we ask the user to read these Conditions periodically.
The sale of the products distributed by the Seller is governed by the following General Conditions, as well as by what envisaged by It. Legislative Decree 70/2003 about the information society services and e-commerce, by the rules envisaged by the Italian Civil Code and, lastly, by It. Legislative Decree 206/2005 (Consumer Code) where this is subjectively applicable.
Before placing the order, the user declares to have read these General Conditions of Sale, specifically the pre-contractual Conditions as described below, as well as the attachments, and to accept all of them unconditionally. The order request made by the Purchaser entails the acceptance, without reservation of any kind, of these General Conditions of Sale which prevail over all previous or specific versions generated by the Purchaser, including any exchange of e-mail messages.
The Agreement, as defined below, may be finalised in any language in which the Conditions are available on this Site, according to the Purchaser’s choice. Registration on the Site is allowed only to Consumers/natural persons who are of age.
The applicable General Conditions of Sale are those on the Site at the time of sending the purchase order.
1. DEFINITIONS
1.1. The term “E-commerce”, refers to “any trade relationship between two or more subjects that is performed remotely by means of electronic tools”.
1.2. The term “Seller” (i.e. owner of the e-commerce site) refers to the person referred to in the premises, i.e. the natural or legal person who exercises his/her commercial, trade or professional entrepreneurial activity (or his/her intermediary), who sells goods or provides services.
1.3. The term “Purchaser” refers to the natural or legal person, public or private, who intends to purchase the products distributed by the Seller for purposes strictly related to the exercise of their entrepreneurial or professional activity (administrative, business, trade or professional activity) or exclusively for private use in the case of Consumers.
1.4. The term “Consumer” or “Consumers” refers to the natural person who purchases for purposes that are unrelated to any commercial, trade or professional activity they may carry out.
1.5. The term “Contract” refers to the Contract entered into in compliance with the methods set out in art. 3 et seq. and governed by these General Conditions of Sale, by the Order Form, and by any other attachments signed between the parties
1.6. The term “Site” refers to the Website https://www.zonzini.us/shop (English language).
2. OBJECT OF THE AGREEMENT
2.1. With this Purchase Agreement (hereinafter the “Agreement”), the Seller sells and the Purchaser purchases remotely, by means of computerised tools, tangible movable goods or services that are listed on the Site.
2.2. The aforementioned products/services are available on the Site which contains the catalogue listing them. The products are shown and displayed online in a manner that is merely representative and that constitutes “sale on sample type” pursuant to and for the purposes of art. 1522 par. 2. of the Italian civil code.
2.3. In all cases, we disclaim all liability for changes in the colours of the products displayed compared to the original, should these variations occur due to malfunctions or to a particular configuration of the computer used by the Purchaser or due to any other reason beyond the Seller’s control.
2.4. In the event of a difference between the image and the written product sheet, the latter always prevails.
3. METHODS FOR ENTERING INTO THE AGREEMENT
3.1. The Purchaser, once logged in to the Site, must follow the procedures contained therein in order to register and subsequently formalise his/her request to purchase the goods referred to in art. 2 above.
3.2. The Purchaser states that the completion of the registration form and the subsequent purchases will be made by subjects with powers to bind the Purchaser himself.
3.3. The Purchaser undertakes not to transfer his/her identification code and password to third parties and to store them with the utmost care and diligence, being solely responsible for their safekeeping and use.
3.4. This Agreement is concluded only via the Internet. Before formalising his/her purchase, the Purchaser must register or log in with his/her credentials. For this purpose, the Purchaser must click on the “Register” button, fill in the form and confirm with the “Send” button, or in case he/she is already registered, he/she must simply click on “Login” after entering username and password. After selecting the desired product, the Purchaser must click “Add to cart” and, once his/her cart is displayed, confirm his/her choice by clicking “Confirm”. Then, after selecting the shipping address and the preferred payment method, the Purchaser must click “Confirm”. By choosing the product and by submitting this choice, the Purchaser submits a proposal to the Seller.
3.5. The Agreement comes into effect only after the Seller has verified the correctness of the data provided and the validation of the payment and, therefore, has accepted the proposal by starting performance in compliance with art. 1327 of the Italian civil code. Performance of the agreement starts when the order is processed.
3.6. Only after the Purchaser has received confirmation by e-mail that the order process has been regularly completed and that the payment has been authorised, the orders sent shall be binding on the Seller. It is recommended to print the e-mail and keep it.
3.7. By placing the order, therefore, the Purchaser will undertake the obligation to pay for the goods ordered. After confirmation that the order has been placed, an email will be sent to confirm and summarise the order, which contains the following: information relating to the essential characteristics of the goods or services, details of the person making the order and of the order itself, the price of the purchased good (in Euro and inclusive of VAT), the costs of delivery and any additional charges, the payment method, the address where the product will be delivered, any specific information for invoicing and the specifications to exercise the right of withdrawal.
3.8. As soon as the payment for the product is received, the Seller will issue the related tax document pursuant to It. Presidential Decree no. 633/1972, where required by law and where required before placing the order.
3.9. Since the procedure through which the user accesses the Site, chooses the purchase and confirms it by clicking the “Add to cart” button first and then “Continue”, is carried out by the Purchaser after accessing the Site by entering username and password, the procedure itself constitutes an electronic signature and generates an electronic document.
3.10. Once the Agreement is concluded, the Seller shall process the purchase order. The place where the Agreement is concluded is the Seller’s registered office.
3.11. By electronically sending the order form, the Purchaser declares to accept the Conditions of use and the Privacy Policy, expressly and unconditionally, as well as to comply with these General Conditions in their relations with the Seller.
3.12. At any time, the Purchaser can check the placed orders in the dedicated section “Your orders”.
4. HOW TO CORRECT DATA ENTRY ERRORS BEFORE THE ORDER IS PLACED
For any modification or assistance, even after the conclusion of the Agreement, you can send an email to info@zonzini.it.
5. AGREEMENT FILING METHODS
5.1. The Seller advises the Purchaser to keep a copy of these Contractual Conditions of Sale in digital or paper form.
5.2. The Seller informs the Purchaser that every order sent is stored in digital format on the server and in paper form at the Seller’s registered office, in accordance with criteria of confidentiality and security. Furthermore, in order to guarantee storage in a “durable medium”, it is possible to save or print a copy of the General Conditions of Sale in the dedicated section “Conditions of Sale”, by clicking the “Print” button that is located in the menu of your browser.
6. PAYMENT METHODS
6.1. Any payment for the products/services purchased by the Purchaser can be made only by using the payment methods indicated on the Site. The use of the aforementioned methods does not involve any additional burden for the Purchaser. The whole price must be paid according to the methods and timing indicated on the Site.
6.2. The accepted payment methods are as follows:
▪ Credit Card (Visa, MasterCard, American Express): at the time of purchase, customers enter their credit card data in a secure electronic banking system provided by Paypal.
The first order will be processed only after the Seller’s bank has contacted the Purchaser’s bank in order to verify and confirm the latter’s data. Shipment will be effected only if this verification has a positive outcome. This may result in a delay in fulfilling the first order. In all cases, before placing the order, the Purchaser must confirm that the credit card is owned by him/her or that he/she is the rightful holder.
Credit Card Security: all transactions are processed through a secure server and this guarantees the maximum data protection for the customers of the Site. In order to ensure greater protection on purchases made in e-commerce mode, it is recommended to adhere to the services provided by the several banking institutions in order to be able to make your purchases safely. The credit card used will be charged at the time of the purchase.
▪ PayPal (this payment method does not require you to enter your credit card number or any other personal data; it requires only those data previously registered through the procedure to join the PayPal circuit).
By choosing the Paypal payment method, the customer can pay directly through his/her Paypal account. The Seller reserves the right to ship the goods only to the address indicated on the account verified by Paypal. The amount charged to your credit card or Paypal account will include any bank fees related to
the transaction. Bank transaction fees are determined by the banking institutions. In order to have detailed information on the transaction fees applied, customers should contact their banking institution.
▪ Bank Transfer: by choosing this payment method, the customer automatically receives a confirmation e-mail containing the Seller’s bank details at the time of completion of the order and, after this, the goods are put on hold until the money is transferred to the Seller’s bank account. The customer is required to send a copy of the bank transfer, via e-mail or fax, within 48 hours of receiving the order confirmation. In case, within this period, the Seller has not received copy of the bank transfer, the order will be considered null and the Seller will cancel it. The order will be shipped only after the money has been transferred to the Seller’s bank account. The bank account details for the bank transfer are as follows:
- Name of the bank: Intesa San Paolo Spa
- Address: Piazza della Scala 6, Milano
- IBAN: IT81 A 030 6959 4041 0000 0006 248
- CIN: A
- ABI: 03069
- CAB: 59404
- Account No.: 1 0000 0006 248
- BIC: BCITITMM364
- Account holder: Zonzini srl
Payment or delivery methods other than those indicated on the site are not allowed.
6.3. Failure to pay or incomplete timely payment, within the term envisaged by this article, shall constitute a serious breach of contract by the Purchaser and shall result in the Seller’s right to terminate the contract by sending a registered letter with acknowledgement of receipt or PEC, without the need for formal notice.
6.4. Before being processed, all the orders are checked for authenticity directly by the respective credit card issuing institutes, in order to protect the Purchaser. Through this payment method, once the procedure is completed, the Purchaser will generate a purchase proposal which will be confirmed by e-mail, through the assignment of a specific “order number” which must be used in any further communication with the Customer Service of the Site.
6.5. We inform you that, for your security, payment by credit card/Paypal is made through virtual POS that is managed directly by the credit institution. The company is not disclosed your credit card data. The Site uses specific systems to control and verify all the transactions that are made through it, such as the secure sockets layer (ssl) that allows potentially sensitive data to be encrypted.
7. PRICES
7.1. All sale prices of the products displayed and indicated on the Site are in Euro.
7.2. The prices of the products do not include VAT, which must be paid at the check out or in accordance with the specific provisions indicated on the invoice. Any taxes, duties, stamps, shipping, installation, after-sales service are not included in the prices if not listed separately and they are always borne by the Purchaser. Any shipping, delivery and/or postal costs, as well as ancillary charges if any, are not included in the price and are borne by the Purchaser.
7.3. The prices indicated for each product are valid until the date indicated on the Site or until they are modified, it being understood that the price will be that indicated at the time of purchase.
7.4. The price of the products will be indicated on the Site from time to time, unless there is an obvious mistake. If this happens, the Purchaser will be immediately informed and he/she will be given the option to confirm the order with the correct price or to cancel it. In the event that the Seller is unable to contact the Purchaser, the order will be cancelled and the Purchaser will be refunded the whole amount. Therefore, there is no obligation to supply the product at the incorrectly indicated lower price (even in case the Shipping Confirmation has
already been sent) if the mistake in the price is obvious and unequivocal and it can be reasonably identified as incorrect.
7.5. Catalogues or other promotional material constitute a mere indication of the type of contractual products and of the related information, including technical information, news and indications that are to be considered strictly non binding on the Seller, since they can be subject to changes without prior notice.
7.6. Discounts and promotions: in case the Purchaser has a discount or personal promotion code, he/she can use them at the time of payment. For this purpose, it must be entered in the dedicated section called “Discount code” and confirmed by clicking “Apply”. If the promotions and discounts are intended for all potential Purchasers, they can be made known on the Website’s pages. Personalised promotions may be envisaged and, in this case, they will be sent via e-mail to the address indicated by the Purchaser when signing up on the Site.
8. DELIVERY TIMES
8.1. The delivery terms listed in the product sheet on the Website, at the time of purchase, indicate the period of time that is generally necessary to deliver the products. All delivery times shown are indicative and not binding. The Seller undertakes to do everything possible so that you receive the products within that term, but they cannot be deemed liable for any damage deriving from any delay occurred during transport.
8.2. Orders are shipped by the Seller from Monday to Friday. Orders placed over the weekend will be processed starting from the following Monday. Orders for products that are already available are shipped on the first working day following the one on which the order was made, without prejudice to the checks referred to in the previous paragraphs. The Seller reserves the right to postpone the shipment in case any events of force majeure occur, which the Purchaser shall be notified of.
8.3. The costs and shipping methods are accurately indicated below.
9. SHIPPING INFORMATION
9.1. Shipping methods.
The Seller shall deliver the selected and ordered products, with the methods chosen by the Purchaser and confirmed in the order. The goods shall be delivered to the address indicated by the Purchaser.
The Seller ships throughout Italy and abroad, through the main national and international couriers.
The products are packaged in standard packaging, which is intact and suitable for loading onto means of transport and unloading them on the ground with appropriate and approved equipment. The Seller disclaims all liability for any damage to the goods caused as a result of moving and lifting the goods with wrong operations or inadequate equipment.
The Seller reserves the right to extend the delivery period, without being obliged to pay any kind of indemnity or compensation, in the following cases: a) non-availability of stock in the warehouse; b) causes of force majeure such as, by way of example but not limited to, strikes, lack or inadequate supply of energy, fire in the Seller’s premises and/or any event for which the Seller is not responsible; c) insufficiency, inaccuracies or delays by the Purchaser in sending the indications required for processing the order; d) any changes accepted by the Seller after receiving the order.
9.2. Shipping fees.
Shipping fees can be displayed before placing the order by filling in the dedicated fields on the cart page before entering the payment method and finalising the order.
Shipping costs vary according to the weight and volume of the purchased goods and to the geographical location to which they are to be delivered.
9.3. Shipment tracking.
Once the order is shipped, customers receive an email from the Seller that contains the tracking number and a link to monitor where their package is. In case of delays due to couriers, customers will be contacted directly by the courier or by the Seller.
9.4. Shipment insurance.
The Seller shall insure the products on behalf of the Purchaser, only upon prompt and written request by the Purchaser, who shall bear all the related costs and responsibilities.
9.5. Delivery of the shipment.
Delivery may require a previous agreement between the Courier and the Purchaser concerning the time and place of delivery.
In case it is impossible to reach without obstacles the address indicated in the purchase order or in case the Purchaser does not show up at the appointment agreed with the courier, the Purchaser might be charged with additional delivery costs and/or the order might be cancelled.
When he/she receives the goods, before signing the waybill, the Purchaser is required to inspect the integrity of the package in order to observe any tampering and/or scratches or breakages of the packaging or of the adhesive tape. Furthermore, the Purchaser must check whether the number of packages indicated in the waybill matches that delivered. In case of any discrepancies or scratches/breakages/damage to the package, the Purchaser is required to sign “with reservation” and to possibly write the causes of said reservation. Once this is done, the Purchaser is asked to inform the Seller or the courier. The reservation is withdrawn when the goods are checked and they appear intact and compliant. In case the package is not delivered for reasons under the Purchaser’s responsibility (wrong address, recipient always absent, wrong telephone number, etc.) or in case the Purchaser refuses delivery, the shipping costs and any customs charges shall be deducted from the refund due to the Purchaser.
In such cases, the Purchaser may contact the Seller by email at the address info@zonzini.it within 5 (five) days. In case of failure to report, as explained above, the Purchaser will not be able to bring actions against the Seller.
Delivery is deemed completed as soon as the ordered goods reach the shipping address indicated by the Purchaser.
9.6. Order status.
You can check the progress of your orders directly online by accessing the reserved area and entering the section “Your orders”. We remind our Purchasers that, once the orders of already available products are confirmed and processed, they cannot be changed. Orders placed separately may be shipped separately.
9.7. Shipment undelivered.
In case of unsuccessful shipment, after the second delivery attempt, the Purchaser will be notified by email that the goods are undelivered and awaiting collection, indicating the reason for non-delivery and the request for instructions for release. The Purchaser will be able to view this notice, as well as the status of his/her order, directly on the courier’s website. After 3 (three) working days, with the Purchaser giving no instructions in this regard, the Seller reserves the right to request the return of the goods, the Agreement shall be understood to be terminated and the purchase order shall be cancelled in compliance with art. 1456 of the Italian civil code. In any case, all the costs of storage, as well as the cost of redelivery, are borne by the Purchaser. The seller may also request the payment of a penalty for loss of earnings by the Purchaser.
10. AVAILABILITY OF PRODUCTS
10.1. The Seller assures the processing and fulfilment of orders without any delay through the electronic system used. For this purpose, the Seller indicates shipping times in real time, in their electronic catalogue, which are understood to be indicative and not binding for the purposes of the validity of the agreement.
10.2. However, should an order exceed the quantity in stock for any reason, the Seller shall notify the Purchaser, by email or other means, whether the goods are no longer available or the waiting times for receiving the chosen product.
11. RIGHT OF WITHDRAWAL
11.1. Any return of the products purchased on the Site must be previously agreed with the Seller. The Seller reserves the right to replace, repair or cancel the order by means of a credit note, from time to time.
All communications in this regard shall be sent electronically by email or Certified Email. The products must be returned in their original packaging and in their entirety, including manuals, seals and any accessories included in the packaging. In the event that even one of these elements should be missing, the Seller reserves the right to withhold the amount corresponding to any decrease in value from any refund.
The goods must not show signs of use and must be contained in their original packaging, with related transport documents. In case the returned goods show damage or signs of wear, the Seller reserves the right to withhold the amount corresponding to any decrease in value from any refund. The removal of the warranty seal constitutes an alteration of the substantial integrity of the product. An essential condition in order to exercise the right of withdrawal is that this warranty seal remains on the product. Refunds shall not be made for products returned without said warranty seal.
The shipping costs of the returned product are borne by the Purchaser.
11.2. Right of withdrawal for Purchasers-Consumers.
The Seller acknowledges that the Purchaser-Consumer is entitled to return the purchased products in case he/she is not satisfied, if the products have defects or if he/she merely wants to replace them according to the procedure and conditions set out in this article. The Purchaser-Consumer has the right to withdraw from the Agreement concluded and, therefore, to retract from the purchase, without any penalty and without the obligation to specify the reason, within the term of 14 (fourteen) days from the day of receipt of the purchased product.
In the event that the Purchaser-Consumer should decide to exercise the right of withdrawal, he/she must send a request to the address info@zonzini.it within the terms specified above. The withdrawal notice must specify the intention to withdraw from the purchase and the transaction in relation to which you intend to exercise the right of withdrawal. A copy of the documentation evidencing the purchase must be attached. Immediately after, the Seller sends to the Purchaser an acknowledgement of receipt of the exercised withdrawal, specifying how the product for which the right of withdrawal is exercised should be returned.
The intact product, bearing the warranty seal, must be returned without undue delay and, in any case, within 14 (fourteen) days from the date on which the Purchaser communicated to the Seller his/her decision to withdraw from the Agreement. The product is considered returned as soon as it is delivered, within the aforementioned term, to the courier indicated by the Seller. The product must not show signs of use and must be contained in its original packaging, with related transport documents, manuals and every accessory included in the package. In the event that even one of these elements should be missing, the Seller reserves the right to withhold the amount corresponding to any decrease in value from any refund.
If the returned products show any damage or signs of wear resulting from unnecessary handling to establish their nature and characteristics, the Seller may withhold the amount corresponding to any decrease in value from any refund.
The Seller’s courier deals with the shipment of the products to the sender.
The Purchaser who exercises the right of withdrawal, in accordance with that established above, shall be refunded the amounts already paid by using the same payment method he/she used, unless the same Purchaser has accepted another payment method for the refund. Without prejudice to the above, the Seller is not required to refund additional costs in case the Purchaser has expressly chosen a different type of delivery from the less expensive type of delivery offered by the Seller. These sums shall be repaid without undue delay and, in any case, within 14 (fourteen) days from the day on which the Seller received the goods at their warehouses.
The right to withdraw from the agreement does not apply in case the purchase concerns customised products.
The removal of the warranty seal constitutes an alteration of the substantial integrity of the product. An essential condition in order to exercise the right of withdrawal is that this warranty seal remains on the product. Refunds shall not be made for products returned without said warranty seal.
In the event that the right of withdrawal is not exercised in compliance with the provisions of the applicable regulations, it will not result in the termination of the agreement and, as a consequence, it will not give rise to any right of refund. The Seller shall notify the user within 5 working days of receiving the product by rejecting the request of withdrawal. In case the Product has already reached the Seller, it shall remain at the Seller’s premises but at the disposal of the Purchaser for collection, whose costs and responsibilities shall be borne by the Purchaser.
Upon receipt of the notice from the Purchaser notifying the Seller of his/her willingness to exercise the right of withdrawal, the Parties are relieved of their mutual obligations without prejudice to what envisaged by this article.
11.3. The Seller reserves the right to make changes to the Site and/or amend these General Conditions whenever necessary, without giving prior notice, without prejudice to the Purchaser’s right of withdrawal to be exercised within 7 (seven) days in compliance with the methods envisaged by this article. After this deadline, the changes shall be considered accepted. Amendments and/or additions to these Conditions shall come into force from the moment in which they are published on the Site. Therefore, we kindly ask users to access the Site regularly and to check the most updated General Conditions of Sale.
12. INTELLECTUAL PROPERTY
12.1. The Purchaser acknowledges that all copyrights, registered trademarks and any intellectual property rights on all trademarks and contents that form an integral part of the Site (images, designs, music, forms etc.) are the property of the Seller or of the other rights holders who licensed their use. The reproduction, alteration, distribution, copying, sale or any exploitation of the images and, more generally, of the contents of the Site is prohibited, unless it is previously authorised in writing. In addition, any use of the contents of the Site for commercial and/or advertising purposes is prohibited.
12.2. All material included in the Site is protected by copyright.
12.3. Any use of images, sounds and, more generally, contents on the Site, if not previously authorised by written consent, shall be prosecuted pursuant to the law.
12.4. In no case can the user alter, modify, or adapt the Site nor the material provided by the Site itself.
13. PROVISIONS ON LIMITED LIABILITY
13.1. In the event that the Seller is unable to fulfil the order within the times established by the Agreement, the same Seller is not liable for disservices attributable to acts of third parties and/or to force majeure.
13.2. The Seller is not liable towards the Purchaser, except for the case of wilful intent or gross negligence, for disservices or malfunctions connected with the use of the Internet and the Site that are beyond his/her own control or that of his/her sub-suppliers.
13.3. Furthermore, the Seller is not liable for damages, losses and costs incurred by the Purchaser in case the Agreement is not performed for reasons that are not attributable to the Seller; in these cases the Purchaser is solely entitled to the full refund of the price paid and of any ancillary charges incurred.
13.4. The Seller is not liable for any fraudulent and illegal use of credit cards and other means of payment by third parties upon payment of the products purchased, in case the same Seller proves that they have adopted all the possible precautions, on the basis of the best knowledge and experience available at the time and on the basis of ordinary diligence.
13.5. The Purchaser guarantees that the access credentials, provided during registration, are complete and true. The Purchaser is solely responsible for accessing the Site through said credentials and is directly responsible for any damage or detriment caused to the Seller, or to third parties, and deriving from misuse, loss, misappropriation by others or failure to protect the confidentiality of said credentials. All the transactions
carried out through the registration credentials are considered carried out by the Purchaser to whom the credentials refer.
13.6. In no case may the Purchaser be liable for delays or misunderstandings concerning the payment if he/she proves to have made it in the times and methods indicated by the Seller.
13.7. The Seller guarantees that his/her own Site is protected according to the international standards envisaged for the Internet. When using it, if the use is correct, the Purchaser is protected from viruses.
13.8. The Seller disclaims any liability for any malfunctions arising and/or related to disabling cookies in the user’s browser.
14. TECHNICAL RULES AND SELLER’S RESPONSIBILITIES
As far as the characteristics of the Seller’s products are concerned, they comply with the legislation, with the technical standards in force in Italy and with the specific product standards at the time of concluding the agreement. The Purchaser takes the full risk of any discrepancy between the Italian legal provisions and those of the country of destination of the products and holds the Seller harmless from any request for compensation for damages or from any penalties or any other economic consequences. The Seller guarantees the products’ performance only and exclusively in relation to those intended uses and applications expressly indicated.
The Seller is not liable for any malfunctions or disservices related to the use of the product that do not depend on his/her direct responsibility nor is caused by serious negligence. The Lessor gives no other guarantee, expressed or implied. The guarantees do not cover possible direct or indirect damages to property or persons that are due to incorrect use, malfunctions or defects in the product for which the Seller shall not be liable, neither directly nor indirectly.
15. COMPLAINTS
For any complaint, the Purchaser can contact the email address info@zonzini.it.
16. LACK OF CONFORMITY AND WARRANTIES
16.1. The Seller guarantees the conformity of the products with the declared technical characteristics, their immunity from any vices and defects and their safety according to the standards in force at the time of their marketing.
The Seller grants the Purchaser a 12 (twelve) month-warranty for the lack of conformity of the products; said warranty starts from the date of delivery of the products and its operability is subject to the report of non-compliance within 8 (eight) days from its discovery.
Any complaints concerning non-compliances related to the accompanying documents for transport, damage or missing items related to the transport itself, must be communicated to the Seller by Certified Email or email within 24 (twenty-four) hours of receiving the products.
The complaint concerning the defect or non-compliance must be sent accompanied, under penalty of inadmissibility, by the description of the defect or non-compliance, by the invoice number, serial number of the product and the Purchaser’s details. Obvious defects, such as breakages, scratches, or lack of conformity concerning the stated quantities, qualities or aesthetic characteristics, that are not immediately visible before the purchase, are presumed to be visible at the time of delivery.
The Seller reserves the right to choose, at their unquestionable discretion, between replacement or repair of the products that the same Seller recognises as defective, provided that the defects are not due to transport, misuse and/or storage, wrong assembly or to non-rational or inappropriate use of said products and, in any case, that are due to the Purchaser’s responsibility or to the responsibility of his/her assignees or of third parties.
Repairs that are carried out under warranty do not entail any extension of the duration nor the renewal of said warranty.
During the warranty period, the Seller ensures that the products are free from defects or faults in materials and construction, provided that the products are in the normal conditions of use or maintenance.
The warranty does not cover those parts that are subject to normal wear (such as pneumatic components), defects or malfunctions and damages caused by misuse or incorrect maintenance of the products, according to the instructions of the User and Maintenance Manual or by any other warning, instruction or requirement provided by the Seller.
16.2. Legal warranty of conformity for Purchasers-Consumers.
All products on the Site are covered by the legal warranty of conformity. For this purpose, the Purchaser-Consumer is entitled to the rights provided for by the Consumer Code, and this warranty does not affect said rights. The warranty is valid throughout the national territory. In order to be covered by this warranty, the Seller must be contacted by email at the address info@zonzini.it. The Seller shall indicate their willingness to process the request, or the reasons that prevent them from doing so, within 7 (seven) working days of receipt.
Defects deriving from the normal wear of the products and of their internal components, or those caused during transport, subject to maintenance or deriving from misuse by the Purchaser or, in any case, those that are not in accordance with the intended use and/or with the technical instructions attached to the product, are expressly excluded from the warranty.
The Seller is liable for any lack of conformity that occurs within 2 (two) years from the delivery of the product. The Purchaser-Consumer loses any rights in case he/she does not report the lack of conformity to the Seller within 2 (two) months from the date on which the defect was discovered. In any case, these rights become time-barred 26 (twenty-six) months after the delivery of the goods if the defects in question have not been culpably hidden by the Seller.
For the purposes of this Agreement, it is assumed that the consumer goods comply with the Agreement if they have the characteristics referred to in art. 129 of It. Legislative Decree 206/2005. There is no lack of conformity if, at the time of the conclusion of the Agreement, the Purchaser-Consumer was aware of the defect and could not ignore it on the basis of ordinary diligence, or if the lack of conformity derives from instructions or materials provided by the Purchaser.
Upon receipt of the products, they will be examined by the Seller in order to evaluate the defects covered by the warranty. In the event of a lack of conformity, the Purchaser-Consumer may request, alternatively and without being charged, the repair or replacement of the purchased product, (under the conditions envisaged by par. 3, 4, 5 and 6 of art. 130 of the Consumer Code), an adequate adjustment in the purchase price, or the termination of this Agreement.
For any need for assistance, the Purchaser may contact the customer service by email at the address info@zonzini.it.
16.3. Warranty of the battery pack.
As far as the battery pack is concerned, the warranty is valid for 6 (six) months from the date of purchase.
17. EXPRESS TERMINATION CLAUSE
Any obligation not fulfilled according to the methods envisaged by these General Conditions results in the automatic termination of the Agreement, pursuant to and for the purposes of art. 1456 of the Italian civil code.
18. PRIVACY
The Purchaser may find information on the processing of personal data in the specific section called “Privacy Policy” which can be accessed by clicking the specific link contained in this Site.
19. SETTLEMENT OF DISPUTES
19.1. All disputes arising from this Agreement may be subject to an attempt to settle at the Mediation Body chosen by the Purchaser-Consumer among those at the following link: http://www.sviluppoeconomico.gov.it/index.php/en/market-and-consumers/consumer-protection/consumer-disputes/adr-alternative-resolution-disputes and regulated according to the Rules of Conciliation adopted, or at the
link http://ec.europa.eu/consumers/odr. Through the ODR platform, the Purchaser-Consumer can send a complaint relating to an Agreement concluded online, thus activating the online dispute settlement procedure.
19.2. In case the parties intend to resort to the ordinary Judicial Authority, the court is the one having jurisdiction over the Seller’s Registered Office.
20. APPLICABLE LAW AND JURISDICTION
20.1. This Agreement is governed by the Italian law.
20.2. Any issues relating to the use of the Site are governed by Italian law. The users who access the Site declare to accept this regulation. In particular, the Seller does not guarantee, in any way, that the content of the Site complies with the regulations in force in other countries. Access to the Site from places where its contents are considered illegal is expressly prohibited. Purchasers are fully responsible for any violation of these prohibitions.
20.3. The Seller does not offer any guarantee concerning compliance of the information published on his/her Site with the laws governing the Purchaser’s country of residence.
21. AGE REQUIREMENTS
Minors (persons under the age of eighteen or in any case minors according to the law of their country) cannot purchase online on this Site. Therefore, underage users are asked not to subscribe to any services and not to sign up on the Site.
22. LANGUAGES AVAILABLE
Italian, English, Spanish, French and German are the languages available for the General Conditions of Sale on the Site.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, as well as pursuant to articles 33 and 36 of It. Legislative Decree 206/2005, the Purchaser declares to have carefully read and to expressly accept the contents of the following clauses:
- 2.3. Exclusion of liability for changes in colour;
- 6.3. Immediate termination of the agreement;
- 7.2. Content of the price shown;
- 9.1. Shipping methods;
- 9.5. Consequences of refusing delivery;
- 9.7. Lawful termination of the Agreement for shipment undelivered;
- 1.1. Procedures of withdrawal;
- 11.2. Procedures of withdrawal, cases of alteration of the integrity of the product and related consequences;
- 11.3. Right to amend the General Conditions of sale;
- 13. Provisions on limited liability;
- 14. Technical rules and Seller’s responsibilities;
- 16. Methods to activate the warranty;
- 17. Express termination clause;
- 19. Settlement of disputes (Mediation Body and Judicial Authority);
- 20. Applicable law and jurisdiction.
RETURN POLICY
RIGHT OF WITHDRAWAL
Any return of the products purchased on the Site must be previously agreed with the Seller. The Seller reserves the right to replace, repair or cancel the order by means of a credit note, from time to time.
All communications in this regard shall be sent electronically by email or Certified Email. The products must be returned in their original packaging and in their entirety, including manuals, seals and any accessories included in the packaging. In the event that even one of these elements should be missing, the Seller reserves the right to withhold the amount corresponding to any decrease in value from any refund.
The goods must not show signs of use and must be contained in their original packaging, with related transport documents. In case the returned goods show damage or signs of wear, the Seller reserves the right to withhold the amount corresponding to any decrease in value from any refund. The removal of the warranty seal constitutes an alteration of the substantial integrity of the product. An essential condition in order to exercise the right of withdrawal is that this warranty seal remains on the product. Refunds shall not be made for products returned without said warranty seal.
The shipping costs of the returned product are borne by the Purchaser.
11.2. Right of withdrawal for Purchasers-Consumers.
The Seller acknowledges that the Purchaser-Consumer is entitled to return the purchased products in case he/she is not satisfied, if the products have defects or if he/she merely wants to replace them according to the procedure and conditions set out in this article. The Purchaser-Consumer has the right to withdraw from the Agreement concluded and, therefore, to retract from the purchase, without any penalty and without the obligation to specify the reason, within the term of 14 (fourteen) days from the day of receipt of the purchased product.
In the event that the Purchaser-Consumer should decide to exercise the right of withdrawal, he/she must send a request to the address info@zonzini.it within the terms specified above. The withdrawal notice must specify the intention to withdraw from the purchase and the transaction in relation to which you intend to exercise the right of withdrawal. A copy of the documentation evidencing the purchase must be attached. Immediately after, the Seller sends to the Purchaser an acknowledgement of receipt of the exercised withdrawal, specifying how the product for which the right of withdrawal is exercised should be returned.
The intact product, bearing the warranty seal, must be returned without undue delay and, in any case, within 14 (fourteen) days from the date on which the Purchaser communicated to the Seller his/her decision to withdraw from the Agreement. The product is considered returned as soon as it is delivered, within the aforementioned term, to the courier indicated by the Seller. The product must not show signs of use and must be contained in its original packaging, with related transport documents, manuals and every accessory included in the package. In the event that even one of these elements should be missing, the Seller reserves the right to withhold the amount corresponding to any decrease in value from any refund.
If the returned products show any damage or signs of wear resulting from unnecessary handling to establish their nature and characteristics, the Seller may withhold the amount corresponding to any decrease in value from any refund.
The Seller’s courier deals with the shipment of the products to the sender.
The Purchaser who exercises the right of withdrawal, in accordance with that established above, shall be refunded the amounts already paid by using the same payment method he/she used, unless the same Purchaser has accepted another payment method for the refund. Without prejudice to the above, the Seller is not required to refund additional costs in case the Purchaser has expressly chosen a different type of delivery from the less expensive type of delivery offered by the Seller. These sums shall be repaid without undue delay and, in any case, within 14 (fourteen) days from the day on which the Seller received the goods at their warehouses.
The right to withdraw from the agreement does not apply in case the purchase concerns customised products.
The removal of the warranty seal constitutes an alteration of the substantial integrity of the product. An essential condition in order to exercise the right of withdrawal is that this warranty seal remains on the product. Refunds shall not be made for products returned without said warranty seal.
In the event that the right of withdrawal is not exercised in compliance with the provisions of the applicable regulations, it will not result in the termination of the agreement and, as a consequence, it will not give rise to any right of refund. The Seller shall notify the user within 5 working days of receiving the product by rejecting the request of withdrawal. In case the Product has already reached the Seller, it shall remain at the Seller’s premises but at the disposal of the Purchaser for collection, whose costs and responsibilities shall be borne by the Purchaser.
Upon receipt of the notice from the Purchaser notifying the Seller of his/her willingness to exercise the right of withdrawal, the Parties are relieved of their mutual obligations without prejudice to what envisaged by this article.
11.3. The Seller reserves the right to make changes to the Site and/or amend these General Conditions whenever necessary, without giving prior notice, without prejudice to the Purchaser’s right of withdrawal to be exercised within 7 (seven) days in compliance with the methods envisaged by this article. After this deadline, the changes shall be considered accepted. Amendments and/or additions to these Conditions shall come into force from the moment in which they are published on the Site. Therefore, we kindly ask users to access the Site regularly and to check the most updated General Conditions of Sale.