Art. 1 - General provisions
1. These General Conditions of Sale have as their object the conclusion of a remote purchase contract by means of a telematic network through the website www.smilemask.shop Browsing and transmitting a purchase order on the site implies acceptance of these Conditions and the Personal Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the website www.smilemask.shop in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by: i4 S.r.l. Unipersonale (hereinafter Producer and Seller) via G. BONI, 39 MILAN 20144 RE. - C / F- VAT number 09346620967 n. REA 2084650
3. With the conclusion of the online purchase procedure, the General Conditions of Sale contained in this contract will be generally and unequivocally accepted by the User and i4 Srl will be deemed authorized to charge the total amount indicated, including the contribution for the shipping costs, where applicable.
4. The Seller declares that the purchase of products through the aforementioned telematic network is permitted only to adults.
5. The website www.smilemask.shop is dedicated to retail and, as such, is intended for the exclusive use of consumers, as defined under the Consumer Code. If the purchase is made by a non-qualifying consumer, these General Conditions of Sale will be applied, except as provided for the right of withdrawal, product warranty and, in general, the protections in favor of the consumer provided for by mandatory rules. of law.
6. I4 Srl reserves the right to modify the terms of these General Conditions of Sale unilaterally and without notice. These changes and updates will be valid for Users and Third Parties from the date of their publication on the Site.
Art. 2 - Object
1.These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.smilemask.shop and do not, however, govern the supply of services or the sale of products by of subjects other than the seller who may be present on the same site through links, banners or other hypertext links.
2. The prices, descriptions and availability of the Products are specified in the respective pages of the Website and may be subject to change without notice.
Art. 3 - Registration
1. To place an order on www.smilemask.shop, the User can choose whether to create an account (indicating all the data and information requested in a complete and truthful manner) or proceed without registering. If you opt for the latter solution, however, certain functions may not be available.
2. It is the User's responsibility to keep their login credentials with due care and diligence and to preserve their confidentiality, refraining from transferring them even temporarily to third parties and choosing a secure password.
3. If the User believes that their personal information, access credentials or other personal data have been the subject of violation or unlawful dissemination / theft, the User is required to immediately notify the Seller using the contact details indicated in this document.
4. The registration of a User account on www.smilemask.shop is subject to the following conditions which, by proceeding, the User confirms to satisfy: - the User, by creating the account, agrees to be responsible for any activity carried out with his login credentials; - the creation of accounts through bots or other automated means is not allowed; - each User can create only one account which, unless otherwise stated, cannot be shared with other people; - The User can cancel their account and cease using the Service at any time by using the account closure tools available on the site - If it deems the User's behavior inappropriate, offensive or contrary to these Conditions, i4 Srl reserves the right to suspend or cancel the account at its discretion and without notice. This does not give the User any right to compensation, reimbursement or indemnity nor does it exempt him from the payment of any fees or prices that may be applicable. - The User is required to promptly inform i4 Srl of any changes to their data at any time communicated.
5. Once registration is complete, the User will receive a confirmation email to the email address provided during registration.
6. In the event that the User provides inaccurate or incomplete data, i4 Srl will consider itself free not to activate or to i suspend the service until they have been corrected or the relative deficiencies have been rectified.
Art. 4 - Purchase procedure
The purchase procedure includes the following steps:
- To place the order, Users must select the desired Product and add it to the cart indicating the quantity and, where required, additional features of the same;
- By accessing the checkout area, Users can check the selection made and, if necessary, modify, add or remove items and possibly provide specific instructions;
- Within the checkout area, Users who already have an account on this Website can log in;
- Users will be asked to enter / confirm the billing and shipping address and to select the desired shipping and payment method. Before being able to make the payment, Users must accept these General Conditions.
- During the purchase procedure, Users can make changes, corrections or replacements to the selected products and information provided, as well as take advantage of discount coupons by entering them in the appropriate field.
- Until the conclusion of the procedure, the User can decide to abandon it without any consequence.
- Users are advised to carefully check the correctness of the order and the data entered before proceeding with the forwarding and, subsequently, to confirm and forward it using the relevant button or mechanism on this Website, thus accepting the present Conditions and committing to pay the agreed price.
- The sending of the order by the User determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the Product needs to be customized with information, personal data or special requests, placing the order also gives rise to the obligation of the User to collaborate by providing the required specifications.
- The confirmation of receipt of the order, as well as all notifications relating to the status of the purchase procedure, will be forwarded to the e-mail address by the User at any time communicated.
- Before the order is forwarded, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
- Like the User, the accepted means of payment will be indicated. It is specified that all payments will be managed independently by third party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.
- In the event that the payment made with one of the available means is not successful, i4 Srl is not required to execute the order or to reimburse the User for any costs or commissions resulting from the failed or refused full payment.
- The ordered Product remains the exclusive property of i4 Srl until the payment of the purchase price is received.
- Once payment is received, the contract is considered concluded and the order will be processed.
Art. 5 - Availability of products
1. Where, after the order confirmation e-mail, the purchased goods are partially or totally unavailable, the Buyer will receive timely communication via e-mail.
2. In this case, the Buyer may request that the unavailable goods be replaced with another for an equivalent amount or request that the order be canceled and terminate the contract. In the event of termination, the Owner will refund the amount paid within 15 days from the moment it became aware of the Buyer's termination decision.
Art. 6 - Methods of payment and prices
1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
2. In the latter case, the Owner will notify the Buyer of the error as soon as possible, allowing him to choose whether to confirm the order at the correct amount or to cancel the contact. In no case i4 Srl will be required to supply what is sold at the lower price incorrectly indicated.
3. The prices of the site are inclusive of VAT and do not include shipping costs. I4 Srl reserves the right to make changes to prices at any time that will not apply to orders for which order confirmation has already been sent.
4. Shipping costs are charged to the Buyer and are explicitly highlighted at the time the order is placed.
Art. 7 - Delivery
1. Delivery can take place all over the tea Italian territory.
2. Delivery is generally made within ten days and in any case no later than thirty days from the date of confirmation.
3. If it is not possible to make the delivery, the order will be sent to the warehouse and the Customer will receive a communication about the place where the order is located and how to agree on a new delivery.
4. If it is not possible to be present at the time indicated in the place of delivery, it is the Customer's responsibility to notify i4srl in order to agree on a new delivery date.
5. If the delivery cannot take place for reasons not attributable to the Owner after thirty days from the date on which the order is available for delivery, the contract will be terminated by the will of the Buyer. For this reason, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 14 days from the date of delivery. termination of the contract. The transport resulting from the termination of the contract may have additional costs which will be borne by the Buyer.
6. At the time of delivery, Users are required to check the contents of the package and its integrity. Any anomalies must be immediately reported to i4 Srl. Users have the right to refuse to accept the package if visibly damaged.
Art. 8 - Passing of risk
1. The ownership of the products is considered acquired as soon as the full payment of all amounts due in relation to them, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
2. In any case, whatever the terms of delivery agreed by the parties, the risks pass to the Buyer, at the latest, with delivery to the same or to a third party designated by him.
Art. 9 - Warranty and commercial compliance
1. The Seller, in accordance with the Italian legislation in force, guarantees that the purchased goods have quality, functionality or characteristics as promised or reasonably foreseeable for at least 2 (two) years from the time of delivery to the Buyer.
2. If the Purchaser has entered into the contract as a Consumer (i.e. any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), this guarantee is valid, under penalty of forfeiture, provided that : - that the defect occurs within 24 months from the date of delivery of the products - the report of any defects and non-conformities is forwarded to i4 Srl no later than 2 (two) months from the discovery, with indication of the defect and / or non-conformity found, together with the photographic documentation of the disputed Product, upon confirmation of the order sent by i4 srl and / or to the tax receipt.
3. The action to return the disputed Product must not be understood as acknowledgment of the defect or non-conformity complained of by the Purchaser.
4. Once the product has been received, i4 srl will verify the existence of the non-conformity reported by the Purchaser and will reply to the latter by sending a specific communication to the e-mail address at any time communicated.
5. If the non-conformity is ascertained, the Buyer who has stipulated the contract as a consumer will have the right to obtain the repair or replacement of the non-conforming product. In the event that this is not possible, the contract will be considered terminated in relation to the disputed goods and i4 srl will provide for the consequent refund of the price.
Art. 10 - Withdrawal
1. Without prejudice to the provisions of art. 59 of Legislative Decree 206/2005, the Buyer has the right to withdraw from the contract without any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt of the products.
2. In the event that the Purchaser makes multiple purchases with a single order and that these are then delivered separately, the term referred to in point 1 starts from the date of receipt of the last product.
3. The Purchaser may exercise the right of withdrawal by sending an explicit declaration to i4 Srl in any suitable form, registered A / R to the address via G. Boni, 39 cap 20144 Milan or via PEC to email@example.com. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the deadline expires.
4. The costs necessary for returning the goods are charged to the Buyer who must arrange the return by courier within the aforementioned terms.
5. The right of withdrawal is validly exercised only if the purchased goods are delivered to the courier or other authorized person before the expiry of the period of 14 (fourteen) days referred to in point 1.
6. Pursuant to art. 56 paragraph 3 of Legislative Decree 206/2005, the Owner reserves the right to withhold the refund until receipt of the goods or proof that the Buyer has actually returned them.
7. The Purchaser is liable for the decrease in the value of the goods resulting from the use of the goods other than that necessary to establish their nature, characteristics and functioning.
8. The goods must be returned intact and complete in all its parts. Where possible, the return must be made using the original packaging in which the goods were shipped, accompanied by the related tax documentation.
9. The right of withdrawal cannot be exercised in the case of contracts for the supply of sealed goods that are not suitable to be returned for reasons of hygiene or related to health protection and have been opened after delivery.
10. The refund will be made using the payment method used by the Buyer during the purchase procedure. If the Purchaser has opted for the bank transfer, it is the latter's responsibility to communicate the bank details (IBAN, SWIFT and BIC) necessary for making the refund.
11. In case of withdrawal pursuant to art. art. 52 et seq. Legislative Decree 206 of 2005 will be reimbursed by i4 Srl for all payments received including, if applied, shipping costs, except for the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Seller.
Art. 11 - Data processing
Art. 12 - Safeguard clause
1. The contractors accept that, should one of the clauses of these General Conditions of Sale be considered null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in this contract.
Art. 13 - Limitation of liability
1. It is expressly agreed and accepted by the Purchaser that i4 Srl cannot be held responsible for inefficiencies due to force majeure such as fires, earthquakes, strikes and / or lockouts, floods, pandemics and other similar events that prevented, in all or in part, to fulfill the terms of the contract within the timeframe or in the manner agreed and that the Buyer will only be entitled to a refund of any price already paid, excluding shipping costs that will be borne by the latter.
2. It is expressly agreed and accepted by the Purchaser that i4 Srl cannot be held responsible for any fraudulent or illegal use by third parties of credit cards or other means of payment used to pay for the Products.
Art. 14 - Contacts
1. Any communication relating to the use of this Website can be sent by email to the following email address firstname.lastname@example.org
Art. 15 - Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted and executed on the basis of it, without prejudice to any other prevailing imperative rule of the Buyer's country of habitual residence.
2. The parties agree that any dispute relating to the interpretation and / or execution of this contract must be resolved exclusively by the Italian judicial authority.
3. For the solution of civil and criminal disputes that may arise between the Owner and a Buyer, connected and / or deriving from the conclusion of this distance sales contract, the territorial jurisdiction is that of the reference forum of the municipality of residence of the consumer .
These conditions were drawn up on 08 march 2021