1. The contract between SmarTech di Laconca Massimiliano and the customer shall be concluded with the acceptance of the order, even only partial, by SmarTech di Laconca Massimiliano. This is considered tacit acceptance unless otherwise communicated to the customer. By placing an order using any of the procedures evisaged, the customer declares to have read all the indications provided during the prurchase procedures and accepted all the following general terms.
2. If the customer is a consumer (a natural person who purchases goods for purposes not related to his/her professional activity), once the online purchase procedure has been concluded, he/she will print or save an electronic copy and, in any case, store the present sales general conditions, in compliance with the provisions of article 3 and 4 of the Legislative Decree 185/1999 on remote sales.
3. Every right of the customer to claim for compensation or indemnification of damages as well as ascribing to the same any contractural or extra-contractural responsability for direct or indirect damages to persons and/or things, caused by the non acceptance, even partial, of an order, are excluded.
4. Purchase modalities – The customer can purchase the products present in the www.claw.deltaloop.it electronic catalogue of SmarTech di Laconca Massimiliano, as described in the relative informative charts. It is understood that the picture accompanying the product’s descriptive chart may not be fully representative of the products’ features but may differ in colour, size, accessories shown in the picture. Any possible additional information to the purchase is intended as simple material for general information, and not related to the actual characteristics of the single product.
5. The correct receipt of the order is confirmed by SmarTech di Laconca Massimiliano via an email sent to the electronic mail address communicated by the customer. The confirmation message will bear the time and date of receipt of the order and a “Customer reference number”, which can be used for further comunication with SmarTech di Laconca Massimiliano. The communication will include all the data inserted by the customer, who undertakes to varify the correctness of the same and to promptly communicate the amendments (if any) following the procedure described in this document.
6. In case of non-acceptance of the order SmarTech di Laconca Massimiliano guarantees to promptly give notice to the Customer.
7. SmarTech di Laconca Massimiliano by can accept orders which are to be shipped outside the Italian territory. All prices include suitable packaging, management of customs practices, 24/7 tracking and mangement of contacts with our trusted courier’s foreign branches. However deliveries in Livigno and Campione d’Italia are excluded.
8. For all orders placed on www.claw.deltaloop.it SmarTech di Laconca Massimiliano will issue an invoice of the shipped products and send it by e-mail to the person who placed the order, pursuant to art. 14 D.P.R. 445/2000 and DL 52/2004. The data provided by the customer during the order process shall be used to issue the invoice. Once the invoice is issued, no change of information may be accepted.
9. Delivery costs shall be borne by SmarTech srls, unless any transport expenses are explicitly pointed out when the order is placed. The customer will use the same payment method chosen at the time of the order. The customer will not be charged more than the amount of the order.
10. SmarTech di Laconca Massimiliano shall not be held responsable if there is a delay in the execution of the order or delivery of the ordered product.
11. The delivery of the ordered products takes place on the street level unless communicated otherwise by our customer service.
As soon as the forwarder delivers the products the buyer undertakes to make sure a) the number of boxes delivered is the correct one b) the packaging is intact, not damaged, wet or altered in any way. Any damage to the packaging/product or incorrect number of packages or details must be immediately contested, by writing RECEIVED/UNCHECKED WITH RESERVE (INDICATING THE REASON OF THE RESERVE e.g. “broken packaging” or “crashed packagin” etc.) on the courier’s proof of delivery note. Once the courier’s document has been signed, the customer can no longer contest the exterior characteristics of the delivered materials in any way. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days from the date goods are delivered, as specified herein.
12. If goods are not delivered within 5 working days due to the absence of the customer or his inability to receive them, the courier will be obliged to arrange for the return of the goods to the SmarTech di Laconca Massimiliano warehouses.
13. Right of withdrawal – In compliance with art. 5 of the LD 185/1999, if the customer is a consumer (a natural person who buys goods for purposes not related to his/her professional activity or fills in the purchase order form without indicating a reference to VAT) he/she shall have the right to withdraw from the contract for any reason without explanations or penalties, except as provided for in the followin point 14 and 16.
14. In order to execise this right, the customer shall fill in the online form and send at the same time a message to SmarTech di Laconca Massimiliano within working 10 days from the receipt of the products. Such message shall be addressed to SmarTech di Laconca Massimiliano, Via Appia, 89 – 85029 Venosa (PZ) and sent through registered letter with aknowledgement of receipt or, alternatively, through telegram, Pec or fax. Once such notice of withdrawal communication is received, SmarTech di Laconca Massimiliano customer service will promptly contact the customer with instructions on the return method, providing a single RMA code for the return of the goods, which shall return to SmarTech di Laconca Massimiliano within 10 days from the date of authorization. The goods shall be returned intact, in their original packagings, without any signs of wear or traces of dirt, in compliance with the conditions set out in the points 14 and 16.
15. The right of withdrawal is anyway subject to the following conditions: the right is applied to the product purchased as a whole; partial withdrawal is not possible (e.g. Accessories, attached software, etc..); the right is not applied to the supply of digital contents, as provided for in the Consumer Code art. 59. Upon its arrival in the warehouse, the returned product will be opened and examined to evaluate any damages or alterations not caused by shipping. In the event od damages to the packaging, SmarTech di Laconca Massimiliano will withhold a percentage, not greater than 10% of the amount of the product, as contribution for repair costs.
16. Except for any repair costs due to established damages to the original packaging, SmarTech di Laconca Massimiliano will refund the customer the full amount already paid within 14 days of the goods being received through transfer procedures on credit card or by bank transfer. In the latter case the customer shall promptly provide his/her bank account details in order to obtain the refund (Bank code – Branch code current account number of the addressee on the invoice).
17. The right of withdrawal is entirely forfeited, if the essential condition of the goods being intact (contents/packaging) is not met, in the cases in which SmarTech di Laconca Massimiliano finds: the product is not intact; the original external packaging and/or internal packaging is missing; integral elements of the product are missing (accessories, cables, manuals, parts, ..); the product has been damaged other than during shipment. If the right of withdrawal is forfeited, the products wil remain at the headquarter of SmarTech di Laconca Massimiliano, at the disposal of the Customer who will bear the costs to collect the product.
18. All products are covered by a conventional warranty from the Manufacturer and by a 24 – month warranty for products that lack conformity, in accordance with Legislative Decree no. 206/05. Tu use the warranty the customer must keep the invoice (or DDT) he will receive. The use of warranty may require assistance which is provided by the authorized customer service centers present on our territory or follow the conditions shown in the information material inside the packaging.
19. The conventional warranty by the Manufacturer is provided under the conditions shown in the information material which is present in the packaging. If, following a repair carried out by an authorized Service Center, the defect should not be covered by the conventional warranty by the Manufacturer, any check and restoration cost requested by the authorized Service Center will be charged to the customer, as well as the transportation costs if incurred by SmarTech di Laconca Massimiliano.
20. The 24-month warranty under the Legislative Decree 206/05 applies to products that present a lack of conformity,provided that the product is used correctly, respecting its intended use and as provided in the technical documentation. This guarantee is for private consumption (a person who buys goods for purposes not related to his/her professional activity or fills in the purchase order form without indicating a reference to VAT). In case of lack of conformity, SmarTech di Laconca Massimiliano provides, without charging the customer, the restoration of conformity by repair/replacement or reduction of price, until the termination of the contract. If, as a result of intervention by an authorized Service Center, the defect does not result in a lack of compliance pursuant to Legislative Decree 206/05, the customer will be charged for any check and restoration cost required from the authorized Service Centre, as well as the transportation costs if incurred by SmarTech di Laconca Massimiliano.
21. In the event that, for whatever reason, SmarTech di Laconca Massimiliano is unable to give its customer a product under warranty (repaired or replaced), it will proceed at its own discretion to refund the amount paid taking into account the use of the property or replace it with a product of equal or superior characteristics.
22. The time to repair or replace the product depends solely on the policies of the manufacturer and no damage can be claimed against SmarTech di Laconca Massimiliano for any delay in repairs or replacements.
23. In cases where the application of safeguards providing for the return of the product, the product must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc..); to limit damage to the original package, we recommend to put it in a second box; the attachment of labels or tape directly on the original product packaging should be in all cases avoided. Upon the return of the product the customer will be provided with an authorization number (RMA) which shall be indicated on the outside of the package, following the instructions set out in the related authorization email.
24. Privacy – The personal data requested in phase of placing the order are collected and processed in order to satisfy the requirements of the customer and will not under any circumstances and in any way transferred to third parties. SmarTech di Laconca Massimiliano guarantees to its customers the respect for legislation on personal data processing, governed by the policy code according to DL196 of 30th June 2003. Holder of the data processing is SmarTech di Laconca Massimiliano, Via Appia 89, Venosa (PZ).
25. Claims – All claims must be addressed to SmarTech di Laconca Massimiliano, Via Appia 89, 85029 Venosa (PZ).
26. Applicable law – The sales contract between the customer and SmarTech di Laconca Massimiliano is concluded in Italy and regulated by the Italian Law. For the solution of civil and criminal litigation arising from the conclusion of this contract of distant selling, if the customer is a consumer, the territorial jurisdiction lies with the court of reference in his/her municipality of residence; in all other cases, the territorial jurisdiction lies exclusively with the court of Potenza.