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General conditions of sale

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  1. Information about Atech and these general conditions of sale In these general conditions of sale (the "Conditions of Sale), the meaning attributed to a term indicated in the singular extends to those declined in the plural and vice versa. The Conditions of Sale apply to the provision of personalization services (the""Services") and to the sales of products (the"Products")advertised on the website https://www.atechcavo.it/ (the"Site"), or on the related mobile or digital applications that recall them (together with the Site, the"Sales Channels"), by Atech srl, with registered office in Via Gaetano De Marchi, 5, Biella, BI, 13900, Italy, with VAT number 02684490028 ("Atech”, or “We") to the consumer, as defined by art. 3 of D. Lgs. no. 206 of 2005 (the "Consumer" or "You"). Atech may make changes to the Sales Channels, which it owns, each of which is subject to the Terms of Use and the Privacy and cookie policy published on the Site. By placing an order through the Sales Channels, or in any case using them, you agree to be bound by the Terms of Use and the Privacy and cookie policy, the terms of which are referred to in these Terms of Sale and are an integral part of them. Please read these Conditions of Sale carefully and remind you that, before placing an order for Products, you will be asked to accept them. If he does not accept these Conditions of Sale, he will not be able to order the Products through the Sales Channels. 2. Update of these Conditions of Sale From time to time we may make changes to the Terms of Sale. We therefore ask you to check them regularly to always be informed of any updates. The most recent version of the Conditions of Sale will always be available on the Sales Channels. Any new version of the Conditions of Sale will take effect immediately from the date of publication and will govern the orders of Products placed from that date. Any changes to the Conditions of Sale, made after placing an order, will not affect that order and the relationship with Us, except as provided by applicable law. 3. Ability to purchase Only natural persons (and not legal persons) who: (a) have reached the age of majority required to enter into contracts (eighteen years in most countries); (b) have the ability to enter into contracts; and c) use a shipping address located in the country or countries to which we ship, as specified in the Sales Channels, can order Products through the Sales Channels. If you are a minor or if, for another reason, you cannot legally enter into a contract, your parents, or a person who has the right to do so, must place an order on your behalf. In this case, they will be required to accept these Conditions of Sale. By placing an order through the Sales Channels, you represent in good faith and warrant that you are a Consumer who purchases for his own personal use or that of others and that he will not deliver, sell or distribute, in any way, our Products for commercial purposes. 4. Availability and quantity of the Products All orders placed through the Sales Channels are subject to the availability of the Products and the acceptance of orders by us. The products present on the Sales Channels, which cannot be added to thecart, are not available for sale. The customer service center, reachable through the Contact Us section available on the Site, can provide more information on these products. For information on the Order Procedure, see point 7 below. In relation to the orders of some Products, quantitative limits may be applied. We reserve the right to refuse at any time, without notice, orders involving a number of Products that exceed the permitted quantities. 5. Registration of anaccountand purchases by guests To place an order, the Consumer can register and create an online account, or place an order as a guest without creating anonline account, by selecting the Guest Checkout option. If you place an order as a guest, we can still create anaccount on our internal systems to register your purchase (s). 6. Personalized services Services may be available on a certain selection of Products (for example, embossing). If you would like a Product to be customized, please provide details through the Sales Channels as required. We reserve the right to suspend or refuse acceptance of any order relating to a Custom Product, accompanied by messages in which contains inappropriate language, contrary to morality or in any case contrary to the values that inspire our company. You are solely responsible for the accuracy of the content provided for the Services. You are solely responsible for the accuracy of the content provided for the Services. Orders relating to customized Products cannot be canceled and Products that have been customized in any way or in any case made according to your specific requests cannot be returned to us for replacement or refund. This does not affect your rights as a consumer (for more information, see point 16 Manufacturer's warranty and consumer rights). 7. Order procedure The order procedure in the Sales Channels includes the following: Add to cart: Once you have chosen a Product, you can add it to your cart. You can then continue to purchase other Products and add them to your cart as well (subject to availability and without prejudice to the quantity limits). The inclusion of a Product in the cart does not guarantee its availability for purchase, which is not confirmed until the Consumer receives an Order and Shipping Confirmation (as specified in point 12 below) written (via and -mail or on other durable medium, means that the Consumer hereby expressly accepts). Guest Checkout / Checkout using “my account”: When ready, proceed to Checkout, either as a guest or through your registered account. You can also remove one or more selected Products from yourshopping cart as part of the checkout process. Delivery, verification and payment: As part of the checkoutprocess, add and review order details and personal information (including email address, shipping and billing addresses and payment information). You should carefully check all the details on the order summary page before placing it. Place the order: It is then necessary to click on the appropriate button to place the order, at which point you are obliged to pay the price. We reserve the right, in our sole discretion, to refuse or cancel orders at any time for reasonable reasons. For example, we may reject or cancel your order if there is an ongoing dispute regarding the payment of a previous order or if we suspect, in our sole discretion, that you (i) have engaged in fraudulent activity or ii) have otherwise violated the Terms. of Sale. 8. Prices, taxes and delivery costs All prices indicated on the Product pages in the Sales Channels or communicated by the customer service center are inclusive of VAT and, unless otherwise indicated, do not include shipping costs and other applicable taxes. The applicable currency will be updated according to the country chosen for navigation on the Sales Channels and will be shown in thecartbefore placing the order. It is necessary to carefully check the updated prices and currency before confirming and placing the order as this entails the obligation for you to pay the price. Sales, use or other taxes vary according to the location to which the Products are shipped. The shipping costs, where present, are described in the Shipping Policy(which follows at point 11) or on the Sales Channels. Shipping costs are not indicated on the Product pages, but will be added to the price of the Product after choosing the delivery methods. These costs will be summarized before you are invited to confirm and place your order and will also be reported in the corresponding email once you have chosen your delivery options. We can offer the Consumer a VAT refund mechanism if he decides to have the Products delivered in certain countries of the European Union and, no more than thirty (30) days later, he will export them outside the European Union under certain conditions. This mechanism is not available to customers in the European Economic Area. For more information contact the customer service center. We reserve the right to change prices and delivery costs at any time and without notice. We make every reasonable effort to ensure that Product prices and delivery costs are up to date. However, it is possible that, despite our reasonable efforts, some of the Products offered through our Sales Channels or their delivery may be offered at an incorrect price. If any of the Products ordered or the delivery costs are incorrect, we will contact you as soon as possible to inform you of this error. . If we are unable to contact you using the contact details you provided during the Order Procedure (referred to in point 7), we will cancel your order and inform you in writing. If by mistake we accept and process your order also in the presence of an error in the price or delivery costs, we may cancel the supply of the Product and refund the sums you have paid. Please note that changes to the applicable law between the date of the order and the date of sending the Order Confirmation and written shipping (referred to in point 12) may result in changes to the taxes relating to the order. If the resulting change will result in an increase in the fees charged to you, we will contact you and ask you to reconfirm your order. 9. Payment We accept the payment methods indicated in the Order Procedure and in the Sales Channels. Depending on the payment method, we may request additional information, including specific forms of identification. When ordering on the Sales Channels, it is necessary to enter the payment data in the appropriate form. All payment card holders are subject to validation control and authorization from the card issuer. If your payment card issuer refuses to authorize the payment, you should contact your card issuer directly to resolve the issue. Other payment methods may also be subject to validation and authorization checks by the payment method providers. You expressly authorize us to carry out security checks, where we deem it necessary, to transmit to third parties or obtain from third parties information (including any updated information) about you and your payment card details. You authorize us to authenticate your identity, validate your payment card, obtain an initial authorization for credit card payment and authorize individual purchase transactions. The full amount of the purchase will normally be blocked on your payment method until the order is dispatched, at which point anOrder and Shipping Confirmation will be sent and you will be charged the applicable purchase price. In the event that PayPal, PayPal Express,Alipay, WePay and iDeal are available as a payment method, the entire purchase amount can be withdrawn immediately after placing the order. Some of the above payment methods may only be available in certain countries, which will be made clear on the checkout page. The advance payment will have no effect on your rights under these Conditions of Sale (including, for example, the right of refund). If we are unable to fulfill our shipping and / or delivery obligations set out below, we will notify you by email and refund your prepayment without undue delay. We can accept bank transfers at our sole discretion. We do not charge any wire transfer fees for orders placed through the Sales Channels or Customer Service Center, however, some financial intermediaries may charge a fee for using a wire transfer While acknowledging the validity of the bank transfer order receipts, the order will not be processed until the payment has been received and confirmed by us via e-mail. If your bank transfer payment is not credited to our bank account within seven (7) days after placing your order, your order will be canceled. 10. Notice of receipt of the order Once the choice has been made and the order has been placed through the Sales Channels, you will receive a written notice of receiptof the order (via e-mail or other channels) indicating the details of your order together with a reference number. Be sure to save this order reference number for any future inquiries regarding your order. The notice of receipt of the order does not constitute an acceptance of the order. Before confirming the order, we will carry out the usual credit, anti-fraud, security checks and the related legal checks and, if we believe the outcome is positive, we will process the order. Upon receipt of theOrder Receipt Notice, it is your responsibility to examine it and confirm that it faithfully reflects the order placed. In case of questions or doubts or if theOrder Receipt Noticedoes not reflect what is requested, you must promptly contact the customer service center. These Conditions of Sale, always available on the Sales Channels, will be provided to you upon receipt of the order. 11. Shipping Policies We only accept delivery orders in the country or countries indicated during the Order Procedure. Please note that we do not ship to certain addresses, such as military, certain restricted areas or PO boxes. For more information, please contact the Customer Support Center. If you order multiple Products, your order will come shipped only when all the Products are available (there will be no partial shipments, unless otherwise communicated). 12. Order confirmation and shipping Upon shipment of your order, we will send you an Order and Shipping Confirmation in writing (via e-mail or through other channels). This Order and Shipping Confirmation constitutes our acceptance of the order and indicates the existence of a binding sales contract. 13. Delivery We will make every reasonable effort to ensure that delivery by the courier takes place within the delivery time specified in our Order Confirmation and Shipping and, in any case, within thirty (30) days from that date, unless your purchase relates to a Product in relation to which you have been notified that it would take additional time for delivery, for example in the case of Products that we customize or produce according to your instructions. When ordering through the Sales Channels, the Consumer may be offered the possibility to choose a specific delivery date, according to the availability indicated therein or directly through the courier. Such specific delivery date remains subject to our confirmation or carrier confirmation (where applicable). If delivery of the Products is delayed due to an event beyond our control, we will notify you as soon as possible and we will make every reasonable effort to minimize the delay. If we do not deliver within thirty (30) days from the date of the Order and Shipping Confirmation or any other deadline indicated by Us, you can contact the customer service center to cancel the relevant order and obtain a refund of the sums you have paid in advance for the Products he has not received. In any case, the only remedy available to you in case of non-delivery of the order by us will be the right to cancel the order in question and receive a refund of the sums you have paid us in advance for the Products that you have not received. When estimating the delivery time, please take into account the time required for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receipt of full payment. When a Product is delivered to you, to confirm receipt, it will be necessary that you or a person indicated by you at the delivery address affix a handwritten or electronic signature on the delivery receipt. From the moment of delivery, the risk and responsibility for the Products purchased pass to you. If, for the purpose of delivery, you have specified a recipient other than yourself (for example, in the case of a gift), then you acknowledge and accept that the signature from part of this recipient (or a person assigned to the delivery address) is valid as proof of delivery and fulfillment of the sales contract by Atech and involves the transfer of responsibility to the recipient as if the Product had been delivered to you We reserve the right, even through a carrier, to deliver the Products only to the person indicated as the recipient in the order, as indicated on the package label, and to carry out identity checks at the time of delivery for certain categories of Products. For more information please contact our customer service center. 14. Invoices When you order Products through the Sales Channels, you will receive an invoice (to your email address as a PDF attachment or otherwise). 15. Returns and Exchanges (a) Right of withdrawal You have the right to withdraw from the sales contract relating to one or more Products, without the need to provide a reason, within fourteen (14) days from the day in which you acquire, or someone indicated by you (other than the carrier) acquires, the possession physical of the Products object of your order. If you are a customer resident in the European Union or in the European Economic Area and have made a purchase through the Sales Channels, the right to withdraw from the contract represents your legal right. To meet the withdrawal deadline, it is sufficient that you withdraw before the withdrawal period has expired. We have extended our return policy for the holiday period. Orders placed between November 27, 2020 and December 31, 2020 can be returned until January 30, 2021 for a full refund on the original payment method, subject to our Returns and Exchanges Policy. To withdraw from the contract and return the Products, you can contact the customer service center and follow the instructions that will be provided, or you can send us an explicit declaration in writing by e-mail, at customercare@atechcavo.it. The right of withdrawal does not apply, among other cases, in the case of supply of goods: (i) made to measure or clearly personalized; (ii) which are likely to deteriorate or expire rapidly; (iii) sealed, which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery. (b) Return procedure Products purchased through the Sales Channels can only be returned to our Atech e-boutiquedistribution center at the address of our returns department through the customer service center. Products that have not been purchased through the Sales Channels CANNOT be returned to our e-boutiquedistribution center. To return a Product to our e-boutique distribution center, you must follow the steps below: (i) Contact the Customer Support Center; (ii) You can choose (a) to use our collection service and agree on a collection date with our logistics partner, or (b) to deliver the Product to any of the locations in our network of logistics partners within the expected return. At this stage, you may be invited to provide us with information on the Product to allow us to carry out an initial assessment of the conditions of the Product; (iii) The customer service center will send you a return form by email or ask you to fill in the return form attached to the delivery of the Product; (iv) Please complete the information requested in the return form and sign it; (v) It is necessary to include in the delivery package the return form completed together with the Product, all its accessories, all free items that may be received as part of the order, the guarantee certificate and all other documents, in their original box; (vi) Please seal the delivery package and affix the prepaid air waybill that will be sent to you by e-mail from our customer service center at the time of the first contact referred to in point (i) above; (vii) On the agreed date, our logistics partner will collect the sealed package, or if you choose the delivery service at any of our logistics partner's network locations, you will be given a receipt with a return tracking number which you must be kept until an order refund confirmation is sent by e-mail. Proof of return shipment must be retained and we accept no liability if such proof cannot be produced. Only merchandise received from our Atech e-boutique distribution center can be refunded or exchanged. Only merchandise received from our Atech e-boutique distribution center can be refunded or exchanged. (c) Conditions of the returned Products We will verify that the returned Product complies with our return policy, set out below and, if so, we will proceed with the relative refund or replacement. Our Products must be returned unused, in perfect condition, with all protective materials and with labels and stickers (where applicable) still attached, together with the original Atech box and delivery package, including all accessories and documents. We reserve the right not to accept any returns if the Product shows signs of wear, or if it has been used or altered in any way or, alternatively, we reserve the right to reduce the amount of any applicable refund or replacement accordingly. If you have received free products as part of your order, they must be returned together with the Products. All returns will be subject to rigorous quality control ("QC") on our part to ensure that the Products returned meet the above requirements. If the Products do not meet QC standards, we will refuse the return and the Products will be returned to you. If the returned Product meets the QC requirements, we will proceed with the refund or replacement. Failure to comply with these Conditions of Sale will authorize us to refuse the returned Product and to return it to you at your expense. (d) Products that cannot be returned or exchanged Orders for Products that have been personalized in any way or otherwise made for you with specific customizations cannot be canceled and such Products cannot be returned to Us for replacement or refund. This includes, without limitation, Products that have been embossed. (e) Refunds It is possible to return a Product purchased through the Sales Channels for a refund, provided that the return complies with these Conditions of Sale, with particular reference to the provisions of sections (a) Right of Withdrawal and (b) Return Procedureabove. Only you will be entitled to a refund of the purchase price. In no event will a person who received the Product as a gift be entitled to receive a refund. If you are the recipient of a gift and would like to return a Product, please contact the Customer Support Center to check your options, if any. If the return complies with the Terms of Sale, we will make commercially reasonable efforts to refund the purchase price, using the same means of payment that you used for the initial transaction, within fourteen (14) days of receipt by the center. distribution of Atech e-boutiques, of the returned Product. Initial shipping costs will be refunded unless the customer originally opted for non-standard delivery, in which case the additional costs will not be refundable. (f) Substitutions It is possible to return a Product purchased through the Sales Channels to be replaced with another Atech Product, provided that the return complies with these Conditions of Sale, with particular reference to the provisions of sections (a) Right of Withdrawaland (b ) Return procedure above. In any case, the sale of the returned Product will be canceled and a new order must be placed for the ordered Product. If a Product is returned to the Atech e-boutiquedistribution center for replacement with a lower priced Product, only you will be entitled to a refund of the price difference. If a Product is returned for replacement with a higher priced Product, the difference must be paid. 16. Manufacturer's Warranty and Consumer Rights We are committed to ensuring that each Product strictly complies with our quality criteria and that it has passed all our checks, both technical and aesthetic. All Products sold through the Sales Channels benefit from the legal guarantee of conformity. At your request, our customer service center will be able to provide you with further information. 17. Complimentary services The following free services will be available, free of charge, on the Sales Channels: (a) Wrapping and gift wrapping All orders will be shipped with the Atech gift box packed in special Atech packaging, together with an Atech shopping bag (where applicable). (b) Embossing Embossing may be available on specific Products and offered only for purchases made through the Customer Support Center. If you would like the Atech Product to be embossed, please provide the details to the customer support center. In accordance with point 15, orders of personalized Products cannot be canceled and personalized Products cannot be returned for exchange or refund. (c) Gift card It is possible to personalize the order by adding a personalized postcard which will be printed by Atech on a gift card to be included in the order package. Atech reserves the right to refuse gift cards that it deems offensive or inappropriate to display on Atech branded paper. 18. Repairs For any repair request relating to a Product ordered through the Sales Channels, please contact the customer service center. 19. Description of the Products We try to ensure that the information, including Product descriptions, sizes and colors, available on the Sales Channels, in advertisements or catalogs or communicated by the customer service center, is accurate and complete. However, we make no warranties, express or implied, with respect to the accuracy, reliability or completeness of such information. 20. Limitation of Liability To the fullest extent permitted by applicable law, we disclaim and exclude any warranties and liabilities that are not required by law. Nothing in these Terms of Sale limits or excludes our liability which cannot be limited or declined under applicable law. Without prejudice to the provisions of the previous period, in no case will our overall liability, of any nature, towards you exceed one hundred percent (100%) of the total price of the Products you have purchased. 21. General provisions If any provision, or part of a provision, of these Conditions of Sale is declared invalid, ineffective or unenforceable, this provision (or part of it) must not be considered an integral part of the Conditions of Sale and the validity, effectiveness or applicability of the remaining provisions of these Conditions of Sale will not be affected, unless otherwise provided by applicable law. The Conditions of Sale (and further ones, including - by way of example only - those referred to in your order and the Terms of Use, incorporated herein by reference) constitute the entire agreement between you and Us in relation to the order of Products and Services, and replace all previous agreements, draft agreements, intentions, commitments or ancillary contracts of any nature concluded by the parties, orally or in writing, having the same object. We are not responsible for any failure or delay in the performance or performance of our obligations under these Terms of Sale that arises from any cause beyond our reasonable control. The waiver by us of a claim relating to the violation of any provision of these Conditions of Sale cannot be interpreted as a waiver of any other or subsequent violation This contract is between you and Atech. No other person will have the right to enforce its terms. 22. Applicable law and jurisdiction These Conditions of Sale are regulated and interpreted according to Italian law. Any dispute or legal action deriving from or otherwise connected to the Conditions of Sale, including their validity, effectiveness and execution, will be judged in accordance with the Conditions of Sale. You can take action against Atech before the Italian court of the place where you reside. Without any limitation to the right to take legal action, you and Atech will make every reasonable effort, for a period of thirty (30) days, to amicably resolve any dispute or disagreement that may arise from or concerning a Product, the Conditions of Sale or any violation thereof. If you are a Consumer resident in the European Union, you have the right to submit your complaint to an alternative dispute resolution body. To find a list of such bodies in your country, you can refer to the online dispute resolution platform of the European Commission available at the following address: http://ec.europa.eu/consumers/odr/. CONTACT US If you have any questions or comments about these Terms of Sale, or any other aspect in general, please contact us at the address indicated below. Atech Customer Service Center: info@atechcavo.it
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