GENERAL CONDITIONS OF ONLINE SALES
1. PREMISE AND EFFECTIVENESS OF THE GENERAL CONDITIONS.
1.1 These terms and conditions of online sale (hereinafter, “General Conditions”) have as their object the regulation of the distance-purchase of products and made available, via Internet, from the site www.enimine.com (hereinafter ” site “) in compliance with applicable regulations including the Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter,” the Consumer Code “).
1.2 The contracts with MINDESIGN through the Site are governed by these General Conditions in respect of the Italian legislation. The language available for concluding the contract is Italian.
1.3 The premises are an integral and essential part of these Terms and Conditions.
2.1 The term “online sales” means the sale/purchase contract for the products marketed by the Seller on the website www.enimineairsoft.com and signed between them and the purchaser under a distance selling system through computer telecommunications, organized by the Seller and operating at a national and international level.
2.2 The “Seller” refers to the entity that provides the sales service for the products, namely Mindesign LTD, with its registered office in Rome, Italy, Via Eugenio Checchi n. 55, VAT number: 13959431001, registered in the Commercial Register of Rome No. RM-1485795 – R.E.A., e-mail: firstname.lastname@example.org (hereinafter MINDESIGN).
2.3 The term “Buyer” or “Customer” means generally the user (Consumer and Professional) who purchases the products from the Site.
2.4 For the purposes of these General Conditions, Consumer means any natural person who purchases Products on the Site for purposes unrelated to the commercial, business, craft or professional occupation possibly done, in accordance with Art. 3, paragraph 1, point a) of the Decree No. 6 September 2005. 206 (the “Consumer Code”).
2.5 For the purposes of these General Conditions is not considered consumer the user who, at the time of purchase of a product, indicates expressly, in the mask reserved to the insertion of personal data, to belong to the category “Companies, institutions, VAT-registered professional”, simultaneously inserting their VAT (hereinafter “Professional”).
2.6 Where reference is not expressly made to the category of consumers, the provisions of these General Conditions apply equally to all users who purchase products through the Site (the “Clients” or “Buyers”).
3.1 These General Conditions of Sale, as mentioned above, regulate the distance-purchase (online sales) of products promoted on the website www. enimineairsoft.com, managed by MINDESIGN.
3.2 The products marketed by MINDESIGN through the Site consist of products of “Enimine” brand (the “Products”). All Products made available to users are shown on the site’s homepage and / or within the various web pages of the same and they are intended for internal use purchases.
3.3 The Products on the Site are aimed at users Consumers, professionals and companies with residence / based in Italy and abroad.
3.4 MINDESIGN may modify, without notice, the General Conditions. These changes will be effective on the day of their publication on the Site. To purchase orders forwarded to MINDESIGN before the publication of the above changes, will be applied the General Conditions in force at the time of conclusion of the sales contract.
3.5 For any questions concerning the General Conditions, please contact our Customer service via the contact form accessible from the tab “Contacts” or by sending an email to email@example.com.
3.6 MINDESIGN invites each customer to read carefully the General Conditions of Product Sales, before completing any purchase and, once this operation ended, to print or save a copy in digital format. These General Conditions are available on the Website and will be available at any time by the Customer through the link in the confirmation email of every order in order to enable him to reproduce it and memorize it.
3.7 In the event that the person who makes purchases on the Site requires the issue of an invoice and / or in any case is not a “consumer or user”, will not be applied the discipline of withdrawal under Article. No. 9 of these General Conditions or, more generally, expectations that, under the same Consumer Code, shall be applied only to “consumers “.
3.8 By accessing the Site the user agrees unreservedly the conditions of use of the website (http: // www.enimineairsoft.com/privacy/terms-of-use.html) and undertakes to respect them.
4. RULES FOR CONCLUSION OF THE SALES CONTRACT AND ORDER.
4.1 The publication of Products on the Site constitutes an invitation to users to formulate MINDESIGN a purchase proposal. Each Order sent by the Client integrates a contract proposal (“Order”) and is conditional upon the specific prior acceptance of these General Conditions and prior consent to the processing of personal data referred to in art. No. 16 that follows.
4.2 The characteristics and the price of the various products offered on the Site are shown on each Product’s page.
4.3 The contract between the Seller and the Customer concludes exclusively through the Internet by the Buyer’s access to www.enimineairsoft.com., where, following the procedures indicated, he will formalize the proposal for the purchase of goods, the characteristics of which must be carefully consulted when choosing and compiling the purchase order and, in any case, before the conclusion of the forwarding procedure of the order.
4.5 By sending an order on the Site, which has the value of the contract proposal, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and accept these transcribed General Conditions and payment .
4.6 The contract between MINDESIGN and the Customer shall be concluded with the acceptance of the order by MINDESIGN. This acceptance is communicated to the customer through an email confirmation of the order containing a reference to the General Conditions, the order number, shipping and billing information, the list of products ordered with their essential characteristics and the total price, including shipping and delivery, and it is invited to be printed and kept.
The customer will check the confirmation email and if it identifies errors in the order, he will have 24 hours after receipt of this email to contact the Customer Service directly from the site using the appropriate contact form accessible from the tab “Contact”. After that time the order will be put in works for shipment and will not be accepted changes, without prejudice to the Customer’s withdrawal rights.
4.7 Upon receipt of the order, MINDESIGN will check the availability of stock for order fulfillment itself. In the event that one or more products resulted not available, the MINDESIGN Customer Service will send timely notification via email to the customer who, within 24 hours, shall be entitled to respond to confirm the shipment of any additional available product or cancel the order. If there is no response within that period, the order shall be considered as confirmed and the available products will be made in shipping.
4.8 For any information related to the Orders, the Customer can contact our customer service via the contact form accessible from the tab “Contacts” or by sending an email to firstname.lastname@example.org.
You can check the status of each order by contacting the MINDESIGN Customer Service.
5 PRE-ORDER PRODUCTS’ SALES
Mindesign srl reserves the right to offer the user the opportunity to purchase a preview of the new products, before their production.
The products available for pre-order will be marked with a special label on the product page.
The Seller will indicate for each item the estimated shipping date and in any case will send you a confirmation email when the product will be available.
In the event that a customer’s order contains both items already available and pre-order items, the products will be shipped at two different times, but shipping costs will be charged only once.
In the case of a purchase order containing only pre-order items, but with different shipping dates, the products will be shipped all together on the last estimated shipping date.
5.1 The purchase of products in pre-order can be made by the user in the same manner as in these Terms and Conditions.
5.2 Except as otherwise provided for in this paragraph, the General Conditions of Sale are fully applicable to the products purchased in pre-order.
6. ORDER CANCELLATION.
6.1 MINDESIGN reserves the right to cancel any purchase order of products at its discretion, irrespective of the charge or not on the Customer’s credit card, in the case of: a clerical error regarding the price or products had occurred at the time published on the Site, or if the Product requested is no longer available, or only with regard to Professionals Customers, if an accurate analysis of credit conditions and the historian of the financial situation justifies it.
6.2 If the order is canceled after payment, MINDESIGN will adopt the necessary measures to refund to the Customer, as soon as possible, the same amount that he already paid (or will contact the customer to receive information to this end).
7. PRICES AND AVAILABILITY.
7.1 The prices of the products, any shipping costs and payment terms applied are those listed on the site at the time of the online Order.
7.2 The prices are quoted in Euros and Dollars and are inclusive of VAT.
7.3 The shipping costs and any attendant charges (e.g. Customs clearance), if any, are to be added to the purchase price .
7.4 The prices and shipping contributions indicated on the Site are subject to variations and / or modifications by MINDESIGN without any prior notice to the customer. On sales contracts concluded before the publication of these amendments, but still being implemented, will be applied the prices in force at the time when MINDESIGN receive the Customer’s Order.
7.5 Customs clearance, if applicable, and any attendant charges shall be borne by Buyer. We cannot calculate duties, customs fees or taxes raised by the authorities in your country. This cost is not indicated nor calculated during the purchase procedure.
8. PAYMENT METHODS AND BILLING.
8.1 Each payment by the Purchaser may take place only using one of the methods mentioned in the proper web page by the Seller under “Payment”.
8.2 Customers can make payments for online purchases with a credit card, with PayPal system and by bank transfer. At the moment of completion of the Order, the customer is required to indicate the method of payment chosen. MINDESIGN makes use of secure payment protocols to safeguard the privacy of its customers.
8.3 If the customer decides to proceed with the purchase of products with payment of the price by credit card or PayPal, the total amount due for the Sales will be charged on the dispatch of selected goods.
8.4 The payment through PayPal will be done through redirecting to PayPal site, where the transfer procedures of the sums due to MINDESIGN may be improved making payment with your account or using a card, also prepaid, or at least according to accepted mode by PayPal and in compliance with the relevant conditions.
8.5 If the customer decides to pay by bank transfer, he will have five working days from the date of submission of the Order to make the payment and send by mail to MINDESIGN the copy of the bank transfer as a Purchase Orders confirmation. After these five days without having received a copy of the bank transfer, the order will be considered canceled by MINDESIGN. The customer who has not made as described within the time specified may contact Customer Service in order to clarify whether the cause of the failure to credit can be attributed to the customer’s will to not confirm the purchase, or other causes.
8.6 The Customer may contact the Customer Service Professional to agree on the terms of payment to them reserved.
8.7 MINDESIGN may suspend and / or terminate the supply of goods if the Customer fails to pay the balance of the amounts due.
8.8 If the purchase is made by a Professional, you may request issuance of the invoice by checking the appropriate box during the order process, by entering billing information including fiscal code and / or VAT number. In this case the invoice will be sent via email as a PDF doc. To the address indicated in the Order. The Professional is responsible for the correct entry of invoice data and he is expressly informed that in case of failure to request the invoice when ordering, he cannot subsequently request it.
9. RIGHT OF WITHDRAWAL AND THE REPAYMENT LIMITATIONS.
9.1 The customer who has purchased as a consumer is entitled to terminate the sales contract without giving a reason at any time within 14 days from the date of delivery of the product (“Withdrawal Period”).
9.2 To exercise the right of withdrawal MINDESIGN should be informed and the return practice must be started within the time allowed by contacting Customer Service via e-mail to email@example.com.
9.3 The communication concerning the exercise of the right of withdrawal must be sent by the consumer before the expiry of the withdrawal period. Consumer is invited to indicate in the e-mail the order number, the product / s for which it is intended exercise the right of withdrawal and its shipping address, with email address and telephone number.
9.4 For the purposes of the burden of proof of exercising the right of withdrawal within the deadlines set out, it is in the Consumer interest to make use of a durable support / proof of sending of the his withdrawal communication to MINDESIGN.
9.5 The customer must return the product at his own expense to MINDESIGN via Express Courier indicated by MINDESIGN, complete in all its parts, including original packs and packaging with all relevant media and manuals, as well as with any accessory and / or bonuses received with the product. Each component must be sealed and unopened. The shipping and handling charges for returning the product are charged to the customer. The product must be returned to this address: MINDESIGN srl c/o Utterson srl, via Turanense Km 41,600- 67061 Carsoli (AQ), Italia.
9.6 The customer must take reasonable care of all the products, as long as these are in its possession, not use them or dispose of them in any way. It is advisable to document photographically the package before delivery to the courier.
9.7 Limitations on refund: If the returned items appear with damage or signs of wear caused by unnecessary handling to establish the nature, characteristics and functioning of these same, the refund cannot take place or costs of damages suffered by the good will be deducted. Once verified the integrity of the returned Product, MINDESIGN will reimburse to the consumer the price paid for the purchase of the product. Shipping cost for return procedure shall be borne by Customer.
9.8 Any reimbursement to the customer will be wired with the method chosen by him to order, within 14 days at the latest from the date on which the Seller has received and verified the product.
9.9 As required by Legislative Decree 09/06/2005 No. 206 and by Article No.59 of the Consumer Code, the right of withdrawal is not applied to goods custom-made or clearly personalized. Therefore, in these cases, the customized and ordered products are not subject to the right of withdrawal and cannot be withdrawn.
10. SHIPPING AND DELIVERY OF PRODUCTS.
10.1 The Products will be shipped to the address given by the customer when the order online.
10.2 The standard delivery to Italy for products declared available in stock is 3-5 days from the acceptance of the Order.
10.3 For destinations outside the Italian territory, the delivery may take place usually within 4 – 7 days from the acceptance of the Order.
10.4 The Client will receive by email from MINDESIGN notification of acceptance of the Order once successfully tested the payment data.
10.5 These times are estimates and are not guaranteed. In the event that the Seller is unable to ship within that time, it will be given prompt notice by e-mail to the customer.
10.6 In case of delay in delivery, the Customer is asked to make contact with the Seller and, anyway, to report any detected disservice.
10.7 Under Article No. 61 of the Consumer Code, if the Customer is a Consumer, in the event of failure to deliver within the period of thirty days from the day following the day when the consumer forwarded his order, MINDESIGN will inform the same of the delay and will reimburse the amount already paid for the shipping costs, unless the consumer requests otherwise in accordance with legal provisions.
10.8 The Seller will proceed to sending the products having prepared all the activities required by law for packaging and shipping. Assuming the products suffer any visible damage caused by transport, the customer must reject the damaged goods without opening the packaging. In this case, the customer must contact the seller and inform him of the incident, providing, if possible, to provide photographic documentation of the package.
10.9 If the Customer’s data are incomplete or inaccurate (so as to make the delivery of the purchased products impossible or prohibitively expensive), the Seller will contact the same Customer before processing the order.
10.10 In case of a business closing more than 5 (five) working days, notice will be given at the time of the user’s data upload. In this period, orders may be subject to delays in processing and delivery.
10.11 MINDESIGN accepts no responsibility for any delay if such delay or failure in delivery is attributable to causes outside its reasonable control possibilities such as, for example and without limitation: strike actions of third parties, terrorism, war, natural disasters, adverse weather (force majeure).
11. WARRANTY AND REPORTS.
11.1 MINDESIGN specifies that the products offered for sale are manufactured and packaged in accordance with the law and applicable regulations, and that the Buyer is in any case obliged to examine carefully the instructions for use, instructions and warnings related to each product on the site before sending the order.
11.2 The guarantee scheme on products sold by MINDESIGN differs, depending on whether the Purchaser is a “Consumer” or a “Professional” within the meaning of the Consumer Code, in accordance with the definitions specified above. The Customer who, as a consumer, buys a product for personal purposes benefits from the legal guarantee of conformity to which MINDESIGN is subject, in accordance with Articles 129, 130 and 132 of the Consumer Code, in its capacity as seller, in case of lack of conformity of the product with the contract ( “Guarantee Law”).
11.3 According to the law, in case of applicability of the Legal Guarantee, the Consumer has the right to obtain without charge the correction if the conformity of the goods by means of: (i) repair or replacement, or (ii) if that is not possible, with a purchase-price’s reduction or termination of the contract.
11.4 MINDESIGN, as a Seller, is responsible to the consumer for any lack of conformity existing at the date of delivery if these same occur within the period of two years from the date of delivery. The Consumer loses these rights if he does not inform the seller of the lack of conformity within two months from discovery. The Consumer is required to notify the lack of conformity by highlighting the failings of the purchased goods to the MINEDISGN Customer Service by email to firstname.lastname@example.org within the time specified.
11.5 Toward the Professional, commercial warranty is one year from the date of delivery.
11.6 We advise to retain your original purchase receipt and the Product delivery receipt, which must be attached to the repair or replacement request under warranty. In the absence of receipt of delivery of the Product or other appropriate documentation proving the receipt of the Product, the term mentioned above will be calculated as from the day of purchase of the Product.
11.7 For any report or claim the Purchaser may contact Customer Service through the contact form accessible from the tab “Contacts” or by sending an email to email@example.com.
12. INTELLECTUAL PROPERTY RIGHTS.
12.1 MINDESIGN has no right of intellectual and industrial property (“IP”) in the products and components sold through the site www.enimineairsoft.com . They are and remain of exclusive property of their respective owners. Therefore, the sale of products on the site MINDESIGN doesn’t transfer to Buyer any sale and / or license of IP rights.
12.2 The www.enimineairsoft.com domain, the “Enimine” brand and its design are the exclusive property of idea3Di s.r.l.s. with registered office in Tagliacozzo (AQ) Italy, Via Delle Acacie 5 / E, P.I. 01929910667, licensed for use only to MINDESIGN for the purpose of promotion and sale of the products displayed on the site www.enimineairsoft.com .
13. LIMITATIONS TO THE AVAILABILITY OF BUYER.
13.1 Unless otherwise agreed between the Professional and MINDESIGN, products and services purchased under these General Conditions are intended exclusively for internal use by Buyers and cannot be resold or be licensed.
13.2 If the Buyer transfers to third parties one or more of the products supplied under the contract of sale governed by these General Conditions without the prior written permission of MINDESIGN, MINDESIGN may suspend execution of the tasks of the contract and take action to recover damages.
14. ERRORS AND LIMITATIONS OF LIABILITY.
14.1 Information relating to the Products provided through the Site are regularly updated. However, it’s not possible to guarantee the complete absence of errors of which MINDESIGN therefore cannot be liable, except in cases of willful misconduct or gross negligence.
14.2 MINDESIGN reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Conditions and of the Consumer Code.
14.3 Unless willful misconduct or gross negligence, is excluded any right of Customer to damages or to the recognition of compensation, and any contract or tort liability of MINDESIGN for direct or indirect damages to people and / or things, whether due to loss of profit , loss of opportunities, unavailability of systems, loss or corruption of data, or otherwise, caused by the rejection or avoidance, even partial, of an order. This clause defines the maximum MINDESIGN responsibilities within the limits still eligible under the law applicable to the individual order.
14.4 The Seller shall not be liable for any fraudulent and illegal use that may be made by third parties, credit cards and other means of payment used for the payment of the purchased products, if he proves that he took all possible precautions based on the best science and experience of the moment and according to ordinary diligence.
14.5 Seller shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its suppliers.
14.6 For Buyers Consumers, any provision of these General Conditions shall limit or exclude liability of MINDESIGN for a breach borne by MINDESIGN.
15. COMMUNICATIONS AND COMPLAINTS.
15.1 Any notices or any complaints against MINDESIGN should be directed to our customer service via the contact form accessible from the tab “Contact” firstname.lastname@example.org .
16. PROTECTION OF PERSONAL DATA
17. ONLINE RESOLUTION OF CONSUMER DISPUTES (ODR).
17.1 If you are a European consumer must be aware of the fact that the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. The ODR platform is a web platform specifically dedicated to helping consumers who bought goods or services online and have a problem with their purchase. This allows consumers to subject their contractual dispute through an online procedure alternative dispute resolution (ADR) with considerable savings in cost and time. The ODR platform transmits the dispute only to ADR entities included in the list of the ADR entities that fulfill the quality requirements required under Directive ADR (Directive 2013/11 / EU).
17.2 You can access the Online Dispute Resolution platform (ODR) at http://ec.europa.eu/odr.
17.3 In cases where it is considered that there is a problem that is not be resolved by MINDESIGN, PLEASE access to that platform.
18. GOVERNING LAW AND JURISDICTION.
18.1 The sales contract between the Customer and MINDESIGN is concluded in Italy and regulated by Italian law.
18.2 For the settlement of claims relating to the interpretation, execution or termination of the contractual relationship between the parties arising out of these General Conditions or individual purchase orders, if the customer is a Consumer under the Consumer Code, will be referred exclusively to the Court of his town of residence or domicile, if located in Italian territory; in all other cases, the local jurisdiction is the only Court in Rome, any other competent court excluded.
Remember that you can always contact us via the contact form accessible from the tab “Contacts” or at the following email address: email@example.com
19. IMPORTANT NOTES.
20.1 Although not provided therein, it will be applied the regulations in force at the time of purchase.
21. MISLEADING CLAUSES.
21.1 For the purposes and effects of articles 1341 and 1342 cc. the Customer declares to have read, understood and want to accept specifically each of the following clauses whose title is given only by way of example: articles 4 (Rules of conclusion of the Sales Contract and Order), 5 (Pre-order products’ sales), 6 (Order Cancellation) , 7 (Price and availability), 7 (Payment and Billing), 9 (Right of Withdrawal), 9.8 (Limitations on refund), 10 (Shipping and delivery of products), 11 (Warranty), 13 (Limitations on availability of the buyer), 14 (Errors and limitation of liability), 18 (Governing Law and jurisdiction).
21.2 Customer acknowledges and agrees that by placing the tick in the appropriate form indicating your acknowledgment and acceptance of these General Conditions, he confirms the specific approval of each of the clauses noted in paragraph 21.1.