GENERAL CONDITIONS OF SALE B2C
These general terms and conditions govern the remote purchase through the website reachable at the URL https://www.quarzovivo.com/ (hereinafter, the "Site") of catalog goods.These General Terms and Conditions of Sale are drafted in accordance with Legislative Decree No. 206 of September 6, 2005 ("Consumer Code"), with particular reference to Section II, and Legislative Decree No. 70 of April 9, 2003 implementing the EU Directive on Information Society Services (so-called "E-Commerce Directive").
1 DEFINITIONS..
1.1 For the purposes of these terms and conditions shall mean (without distinction between use in the singular or plural):
1.2 “Corium Line Srl”: the manufacturer and supplier of the products offered for sale on the Site, as licensee of the Quarzovivo brand;
1.3 “Customer”: is the natural person (consumer) who purchases products on the Site through acceptance of these General Terms and Conditions of Sale;
1.4 “Consumer”: the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
1.5 “Distance contract”: the contract having as its object the goods offered on the Site to the consumer under an organized regime of distance selling without the simultaneous physical presence of Corium Line Srl and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself; this definition also includes those of "contract of sale" - that is, any contract under which the professional transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price;
1.6 “Parties”: the Corium Line Srl and the Customer collectively;
1.7 “Product(s)”: the goods offered for sale on the Site through the same purchasable by entering into the relevant distance contract;
1.8 “Site”: collectively, is the website https://www.quarzovivo.com/ owned by Corium Line Srl or other sites and platforms referable to it where it is possible to enter into a Distance Contract;
1.9 “Distance Communication Technique”: means any means that, without the simultaneous physical presence of Corium Line Srl S.R.L. and the consumer, may be employed for the conclusion of the contract between said parties, including the Site.
2 SUBJECT.
2.1 These General Conditions of Sale regulate the Distance Contracts entered into by means of Distance Communication Techniques (including the on-line mode, through the Site) between Corium Line Srl and the Customers and concerning the Products offered for sale.
2.2 The Distance Contract is governed by the version of the General Conditions of Sale in force at the time the order is placed by the Customer.
2.3 The purchase transactions of Products online and the conclusion of the related distance contracts are subject to the prior acceptance of these General Conditions of Sale and the registration of the Customer making the purchase.
3 CUSTOMER INFORMATION..
3.1 Pursuant to Article 49 of the Consumer Code, the following mandatory information is provided below:
3.2The identity and registered office and contact details of Corium Line Srl as the supplier of the Products offered for sale on the Site are as follows:
Corium Line Srl
Registered office: Via Galileo Galilei, 45/G – 35035 Mestrino (PD)
Registered at the Companies' Register of Padua
C.F. e P.IVA 02749870164
REA: PD-447258
Share capital Euro 10.400,00
Tel. +39 0444 737324
Fax +39 0444 735189
Email: info@quarzovivo.it
PEC: coriumline@legalmail.itThe registered office, in addition to the contact details given in Article 3.4, letter (a) below, is assumed - also pursuant to Article 49, paragraph 1, letter (d) of the Consumer Code - as the address at which the Consumer Customer can send complaints.
3.3 The essential characteristics of the products are reported within special technical sheets published on the Site - accompanied by photographic images - which the Client may view before submitting the purchase offer. Corium Line Srl reserves the right to modify/adapt the technical and dimensional information of the Products in the catalog, even without any prior notice. The following information is also provided within these sheets or the relevant publication web pages in the purchase process:
a. The availability and price, including any and all taxes and duties, if any, imposed on the Customer;
b. any additional charges and costs for delivery, depending on the shipping and delivery methods offered on the Site and chosen by the Customer, and any other additional cost elements as applicable, which burden the Customer (it is specified and informs the Consumer pursuant to Article 57 of the Consumer Code that the cost of returning the Goods in the event of the exercise of the right of withdrawal pursuant to Clause 8 below shall be borne by the Customer);
c. the terms of payment and delivery of the goods;
d.the duration of validity of the various offers and prices (including in the case of promotional sales, specials and/or discounts applied);
e.the terms of payment, delivery and performance, the date by which Corium Line Srl undertakes to deliver the Goods and, if applicable, the handling of complaints.
3.4 In addition to the mandatory information above, other information required by both the Consumer Code and Legislative Decree 70/2003 is also provided below:
a. with reference to the contact details that enable rapid contact with Corium Line Srl and direct and effective communication, including telephone number, fax number and e-mail address, are as follows: Tel. +39 0444 737324
b. Fax +39 0444 735189 PEC: coriumline@legalmail.it C.F. and VAT 02749870164 - REA: PD-447258.
3.5 The online publication of these General Terms and Conditions of Sale and Article 3 just above shall count as a presentation of information in a durable medium provided to the Consumer Customer pursuant to Article 51 of the Consumer Code.
4 INFORMATION DIRECTED TO THE CONCLUSION OF THE DISTANCE CONTRACT
4.1 Article 11 of Legislative Decree 70/2003 requires each provider of goods to provide Customers with specific information directed to the conclusion of the distance contract. In the following, Corium Line Srl complies with the relevant information obligations towards Customers.
4.2 With reference to the various technical steps to be followed for the conclusion of the contract, on the Site it is possible to follow a guided procedure that at any time allows the Customer to verify and then validate any information entered and to correct errors before the temporary forwarding of the electronic form containing the proposed purchase order and until the conclusion of the Distance Contract.
4.3 With reference to the manner in which the Distance Contract, once concluded, will be archived and the related mode of access by the Customer, the Customer will find the text in his or her Control Panel area (if he or she is a registered user), while if he or she accesses the site in "guest" mode, in each case an email will be sent summarizing the purchase made and the contract thus concluded.
4.4 With reference to the technical means made available to the Customer to detect and correct data entry errors before submitting the order, the system for concluding the Distance Contract on the Site requires confirmation of the correctness of the data entered and automatically reports any errors resulting from the omission of mandatory data in the various fields of the online order.
4.5 With reference to the indication of the means of dispute settlement, see clause 12 below.
4.6 The clauses and general terms and conditions of the contract proposed to the Customer are and remain at his disposal at all times: storage and reproduction are always possible by saving the web page or by using the copy/paste option. In addition, in the e-mail confirming receipt of the order, the General Conditions of Sale are attached or a link is made available to the Customer where to view and print them.
5 CONCLUSION OF THE DISTANCE CONTRACT
5.1 First of all, Article 51 paragraph 2 of the Consumer Code prescribes that if a distance contract to be concluded by electronic means imposes an obligation on the consumer to pay, the trader must communicate to the consumer in a clear and conspicuous manner the information referred to in Article 3 above, directly before the consumer places the order. With this subsection, Corium Line Srl fulfills its obligation to ensure that, when placing the order, the Consumer expressly acknowledges that the proposed purchase - where accepted by Corium Line Srl - entails the obligation to pay the established price and all specified costs.
5.2 By sending the order proposal, the Customer offers to purchase a Product. Sending the order proposal does not bind Corium Line Srl in any way - where not otherwise established on the Site - nor can the online offer of Products be understood as a proposal to the public pursuant to art. 1336 c.c. Only where Corium Line Srl accepts - specifically and from time to time by explicit communication via email transmitted to the Customer - the proposed purchase order received from the Customer, the conclusion of the Distance Contract will be determined.
5.3 Before sending an order proposal, Customers are invited to ensure that they have read and understood the instructions provided during the procedure of transmission of the purchase order proposal and these General Conditions, since they will be binding once the Distance Contract is concluded with the acceptance by Corium Line Srl of the purchase order proposal received. In order to purchase the Products, the Customer must complete and send to Corium Line Srl the form with the order proposal in electronic format, following the instructions contained in the Site. The Customer shall place the Product in the appropriate "shopping cart" and, after having reviewed and accepted the General Conditions, as well as having reviewed the Privacy Policy, shall select the desired payment method and proceed.
If the Customer needs to correct any data entry errors, he/she must follow the appropriate modification procedure indicated on the Site, before submitting his/her order proposal. In particular, the Customer has the right to change the quantity of the Products he/she intends to purchase by adding or removing one or more Products from the "shopping cart". In the Product catalog published on the Site, access and the possibility of submitting an order online change in real time the availability of the Product, so Corium Line Srl does not guarantee the certainty of allocation of the Product ordered. By sending the order proposal to Corium Line Srl, the Client acknowledges and declares that he/she has read all the indications provided to him/her during the purchase procedure, that he/she is aware that sending the purchase order proposal - where accepted by Corium Line Srl - will entail the obligation to pay and that he/she accepts these General Conditions in full.
If in the order confirmation transmitted by Corium Line Srl to the Client there are differences in the individual elements that compose it with respect to the understandings or orders, the Client who has not contested by registered letter or PEC sent within ten days of receipt of the confirmation such differences, is obliged to accept it as it has been drafted. Simultaneously with the conclusion of the Distance Contract Corium Line Srl will issue the relevant invoice which will be sent together with the ordered Product. This document is the only documentary evidence that can be used for the exercise of warranty rights relating to the Products sold.
5.4 In the event of acceptance of the proposed purchase order received by the Customer, Corium Line Srl will acknowledge receipt of the order received by transmitting its final acceptance and the relevant order confirmation to the e-mail address that the Customer has indicated in the registration phase to the Site or in the access phase as "guest" mode. Such acceptance and order confirmation will contain - as required by applicable regulations - a summary of the general and particular conditions applicable to the Distance Contract already concluded, information relating to the essential characteristics of the goods and a detailed indication of the price, means of payment, withdrawal, delivery costs and applicable taxes.
5.5 The order and receipt are considered to have been received when the Parties to whom they are addressed have the possibility of accessing them.
6 ACCEPTED MEANS OF PAYMENT.
6.1 Corium Line Srl accepts exclusively the following forms of payment: Credit Card of the American Express, Diners Club, Maestro, Visa and Mastercard circuits, through Paypal™, Scalapay and Satispay (with the modalities indicated in the general conditions of the carrier referred to in point 7 below). The amount due will be charged on the date of confirmation of the order. The holder of the order paid by credit card must be the owner of the credit card used. Corium Line Srl reserves the right to require the Customer to send a copy of a valid identity document to verify ownership.
If you buy with Scalapay you receive your order immediately and pay in the number of installments you have chosen. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and you authorize such assignment.
6.2 Card information is handled directly by PayPal and Stripe specializing in online payment processing. The information is encrypted through the use of special encryption systems that prevent its use by third parties and is sent directly to the Bank. Corium Line Srl does not view or access the related data.
6.3 Corium Line Srl reserves the right to verify compliance with the conditions mentioned in this clause by requesting the bank issuing the card to verify the genuineness of the card's ownership. This activity takes approximately 5 working days. At the end of the same, in case of a positive outcome, we will proceed with the delivery of the order placed.
7 EXECUTION OF THE DISTANCE CONTRACT..
7.1 Unless otherwise agreed between the Parties or except in cases where - with reasonable notice - Corium Line Srl informs the Client of different timelines regarding the delivery and execution of the concluded Distance Contract, based on the availability of the Products or based on specific requests of the Client involving particular timelines for execution, delivery and execution of the accepted proposed order, the Distance Contract concluded pursuant to these General Conditions shall be executed within a maximum of thirty days from the day following the day on which Corium Line Srl transmitted its acceptance to the Customer pursuant to Articles 5.4 and 5.5 of these General Conditions. It should be noted that currently the shipping and delivery of products ordered online is scheduled only for Italy.
7.2 Corium Line Srl makes shipments throughout the Italian territory through the use of contracted logistics services (hereinafter Courier). All delivery conditions refer to the general conditions of the Courier, to which reference is expressly made.
7.3 Corium Line Srl, through the Courier, will only make deliveries to the address provided by the user at the time of purchase.
7.4 If it is not possible for the Courier to make delivery at the address provided by the user, the conditions of service set forth by the same Courier shall apply.
7.5 Corium Line Srl shall not be liable for defaults, errors, damages or other factors relating to the delivery that occur after the shipment and taking over of the goods by the Courier against which the Buyer may assert any of its rights.
7.6 When the Courier makes delivery, the Customer shall verify:a. That the package is intact, not damaged or wet and otherwise conforms to the standard characteristics.
b. That the number of packages (number of parcels) indicated on the invoice corresponds to the number of packages actually delivered.
Any disputes must be immediately raised with the carrier, failing which the Product shall be deemed to have been properly delivered. The invoice, contained in the special pocket affixed to the outside of the package should be retained.
If upon delivery of the Product there is obvious damage to the packaging the Customer shall:
a. express a reservation i.e. the package is accepted but before signing the document the Customer shall write "I accept with reservation right ", it will be possible once the package is opened and any damage is found, to immediately activate the warranty procedure.
b. reject the damaged goods if it is not possible to accept the package with reservation or in case the damage is still visible without having to open the package.
7.7 Additional charges (with respect to the price of the Product, which in any case will be shown on the Site as a total amount and inclusive of taxes, to which shall be added - according to the indications shown on the Site, the costs to be borne by the Customer for shipping, delivery or other) due to shipping, delivery or postal or other costs if any (e.g.: additional costs for any insurance coverage required by the Customer for the shipment of a particular Product) shall be borne by the Customer.
7.8 In the event of non-execution of the order by Corium Line Srl due to the unavailability, even temporary, of the requested Product, Corium Line Srl will promptly inform the Client consumer by providing:
a. to fulfill by executing a different supply from the one agreed upon, of equivalent value and quality, where the Consumer Customer specifically agrees to this in response to the communication with which Corium Line Srl informed him of the unavailability of the requested Product;
b. to the reimbursement of any sums already paid for the payment of the supply, where the Consumer Customer does not intend to accept a supply other than that agreed upon, of equivalent value and quality.
7.9 In the case of choosing delivery by in-store pickup, the Customer will be notified of the time period within which he/she is required to pick up the Product from receipt of the email notifying him/her of the availability of the Product for pickup, which varies depending on the payment method selected. After the aforementioned period of time has elapsed without the Customer or a third party delegated by him having collected the Product, the contract will be considered terminated and the amount paid by the Customer will be refunded to him by the same method by which the payment was made, after deduction of the amount corresponding to the out-of-pocket expenses incurred in shipping the product to the central warehouse.
8 RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT.
8.1 Consumer Customers are entitled to exercise the right of withdrawal in accordance with the following terms and conditions.
8.2 The Consumer Customer has a period of fourteen days to withdraw from the Distance Contract without having to provide any reasons, without incurring any liability and without incurring any costs other than those provided for in the following clauses.
The withdrawal period referred to in clause 8.2 shall end after fourteen days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods or:
a. in the case of multiple Products ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product;
b. in the case of delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.
8.3 Prior to the expiration of the withdrawal period, the Consumer shall inform Corium Line Srl of its decision to exercise its right to withdraw from the Distance Contract. To this end, the Consumer may:
a. use the standard withdrawal form set forth in Article 8.4 (which, however, is not mandatory);
b. submit any other explicit statement of his or her decision to withdraw from the Distance Contract by transmitting it without any formality to any of the addresses indicated in Article 3.2 of these General Conditions of Sale.
The Consumer has exercised its right of withdrawal within the withdrawal period if the communication regarding the exercise of the right of withdrawal is' sent by the Consumer before the expiration of the withdrawal period. In such cases, Corium Line Srl will communicate to the Consumer a confirmation of receipt, on a durable medium (being such also an e-mail account and a declared e-mail address), of the exercised withdrawal.
The burden of proof regarding the exercise of the right of withdrawal in accordance with this Article shall be on the Consumer.
8.4 The standard withdrawal form should bear the following information:
- Recipient
- I/we (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is served in paper version)
- Date
8.5 The integrity of the Product to be returned as a result of the exercise of the right of withdrawal is an essential condition for the exercise of this right.
9 EFFECTS OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT. OBLIGATIONS OF THE PARTIES.
9.1 The exercise of the right of withdrawal - within the terms and in the manner specified - by the Consumer terminates the obligations of the Parties:
a. to execute the Distance Contract, if already concluded; or
b. to conclude the Contract in cases where the withdrawal occurs after the order proposal has been sent by the Consumer and before Corium Line Srl has accepted said proposal.
9.2 In the event that the right of withdrawal is exercised - within the terms and in the manner specified - Corium Line Srl shall reimburse the Consumer for all payments received from the latter, possibly including delivery charges, without undue delay and in any event within fourteen days from the day on which Corium Line Srl is informed of the Consumer's decision to withdraw from the contract. The sums shall be deemed to be reimbursed within the terms if they are
actually returned, shipped or re-credited with a value date not later than the expiration of the term previously indicated.
9.3 Corium Line Srl shall refund the sums to the Consumer using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise. The Consumer shall not incur any costs as a consequence of the refund.
9.4 Corium Line Srl will not be required to reimburse additional costs, if the Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered on the site.
9.5 Corium Line Srl may withhold the refund until it has received the returned Products or until the Consumer has demonstrated that it has returned the Products, whichever situation occurs first.
9.6 The Consumer shall return the Products to Corium Line Srl, without undue delay and in any event within fourteen days from the date on which he communicated his decision to withdraw from the Distance Contract. The deadline is met if the Consumer returns the Products before the expiration of the fourteen-day period. The Consumer bears only the direct cost of returning the Products. The substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. In fact, the Products must be returned in an intact state of preservation and with original labels - where present - not removed, in the same condition as received, provided with the original packaging and all accompanying documentation. The packaging of the Products must be accurate, in order to safeguard the original wrappings from damage, affixing of writing or labels.
9.7 In case of delivery of the good occurred with the mode of withdrawal in the store, it will still NOT be possible to provide for the return of the good to the store, but the Consumer will have to return the products to Corium Line Srl in the manner indicated in paragraph 9.6 above.
9.8 Any acceptance of unauthorized or non-conforming returns will still result in a charge equal to 10% of the value of the returned goods on the refund due.10 GARANZIA SUI PRODOTTI IN FAVORE DEL CONSUMATORE.
10 PRODUCT WARRANTY IN FAVOR OF THE CONSUMER.
10.1 Corium Line Srl guarantees the conformity of the Products with respect to what is provided in the relevant product sheet on the site for a period of two years and in accordance with articles 128-135 of the Consumer Code to which reference is made. The warranty does not cover damages caused by mistreatment of the Products, misuse, accidents, water, solvents, wear and tear, damages caused by carriers and, in any case, damages that derive from third party factors and are not attributable to conformity defects of the products.
10.2 Pursuant to Article 49, paragraph 1, letter (n) of the Consumer Code, the following reminder on the legal warranty of conformity of goods is submitted to the Consumer Customer.
10.3 In the event of a lack of conformity of the Product, the Consumer-Client shall have the right to the restoration, without expenses, of the conformity of the good by repair or replacement or to an adequate reduction of the price or to the termination of the contract.
The Consumer Customer may request, at its option, Corium Line Srl to repair the good or to replace it, free of charge in both cases (the costs refer to the indispensable costs to bring the goods into conformity, in particular with reference to the costs made for shipping, labor and materials), unless the remedy requested is objectively impossible or excessively burdensome
compared to the other. Either remedy is to be considered excessively burdensome if it imposes unreasonable expenses on Corium Line Srl in comparison with the other, taking into account:
a. the value that the good would have if there were no lack of conformity;
b. the extent of the lack of conformity;
c. whether the alternative remedy can be exercised without significant inconvenience to the consumer.
10.4 The Consumer Customer may, at his or her option, request an appropriate price reduction or termination of the contract where any of the following situations occur:
a. repair and replacement are impossible or excessively burdensome;
b. Corium Line Srl has not repaired or replaced the good within a reasonable time taking into account the nature of the good and the purpose for which the consumer purchased the good;
c. the replacement or repair previously carried out has caused significant inconvenience to the Consumer.
The use of the Product shall be taken into account in determining the amount of the reduction or the amount to be returned.
10.5 After notification of the lack of conformity, Corium Line Srl may offer to the Consumer Customer any other available remedy, with the following effects:
a. if the Consumer Customer has already requested a specific remedy, Corium Line Srl will proceed to implement it, unless the Consumer Customer accepts the alternative remedy proposed by Corium Line Srl;
b. if the Consumer Client has not already requested a specific remedy, he/she shall accept the proposal or reject it by choosing another remedy in accordance with the provisions of this clause 10.
10.6 A minor lack of conformity for which it has not been possible or is excessively burdensome to exhaust the remedies of repair or replacement does not entitle the contract to termination.
10.7 The Customer consumer forfeits the rights provided for in this clause where he does not report to Corium Line Srl. the lack of conformity of the Products within the term of two months from the date on which he discovered the defect.
11 APPLICABLE LAW AND JURISDICTION..
11.1 The Contract has been drafted and will be interpreted in accordance with the laws of Italy.
11.2 For civil disputes arising from the Distance Contract, the territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in the territory of the State.
11.3 If certain provisions of the General Conditions of Sale are found to be invalid or unenforceable, they shall nevertheless be interpreted in such a way as to reflect the common intentions of Corium Line Srl and the Customers, in accordance with the remaining provisions.
11.4 With reference to possible alternative means of dispute resolution, Customers are informed that consumers who have encountered problems with an online purchase may turn to the online dispute resolution (ODR) platform prepared by the European Commission, which can be reached at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT