Ermut Srls, VAT number: 05784780651, REA Registration Number SA-473784, share capital 3,000.00 fully paid (hereinafter “Company”), with registered office in Salerno at Via Duomo, 42, is the Company that intends to carry out the sale via Internet of the “products” present on the e-commerce portal (henceforth “Portal”) accessible at https://www.ermutshop.com/
CONTACT TO WHICH YOU REFER:
Ermut S.r.l.s. Via Duomo 42
84121 Salerno (SA)
- the term “Consumer” means the purchaser of the “Products” that covers the status of consumer, meaning the natural person who makes the purchase for purposes not related to the commercial or professional activity performed whether or not it is registered on the Portal (Guest user);
- the term “Professional” means the natural or legal person who makes the purchase for purposes related to the commercial or professional activity possibly carried out or is not registered on the Portal (Guest user);
- the term “Customer” means indifferently the Consumer / Professional who intends to purchase through the Portal;
- the term “Products” means all products and / or goods, and / or services marketed by the Company on the Portal and forming part of its own assortment whose essential characteristics, including prices, are present within each product card ;
- the term “Purchase Order” means the evident willingness of the Customer to proceed with the purchase of the product;
- the term “Product Purchase” means the purchase order with delivery of the Products in the days following the transmission of the purchase order;
- the term “Product Delivery” means the purchase order with delivery of the Products to the address indicated by the Customer at the time of registration or purchase order confirmation.
2. Scope – effect
The General Condition are an integral part of any proposal, purchase order and purchase order confirmation of the Products sold by the Company, in force on the date of the relevant order.
The General Condition concern the sale to a Consumer and / or Professional (Customer), as specified above.
3. Finalization of the contract
All contracts are concluded exclusively with access by the Customer on the Portal https://www.ermutshop.com/, upon registration or if the Customer does not intend to register, upon release of all the requested data, using the communication technology at a distance through the Internet.
All purchase orders sent to the Company must be exactly completed in all their parts and must contain the elements necessary for the exact identification of the Products ordered, of the Customer and of the place of delivery of the Products.
The purchase order sent to the Company through the Portal is valid as a contractual offer of the Customer manifested online.
n fact, the “order confirmation” by the Company, transmitted to the Customer at the e-mail address indicated by the latter, confirms the order data and constitutes acceptance of the contractual proposal.
The contract is considered concluded and is binding for both parties, when the purchase order confirmation is sent to the customer.
The Company reserves the right not to accept incomplete or not properly completed orders and in this case reserves the right to carry out the necessary checks.
The Company reserves the right to reject the proposed purchase (order) sent, by way of example and not exhaustive in the following cases: supply of non-real data; previous non-performance in any way against the Company, subject to bankruptcy proceedings, lack of availability of Products – for any reason – in warehouses and in any other case incompatible with economic interests and company policies.
Being the online sales system of the Portal https://www.ermutshop.com/ completely computerized and automated it is possible that errors may occur in the application of prices and product discounts.
In this case the Company will communicate it to the Customer before the order confirmation to allow the eventual cancellation / modification.
4. Shipping and delivery times and methods
The Company will deliver the Products to the Customer, selected and ordered in the manner described in the previous article by trusted couriers and / or shippers.
The delivery of the products takes place at the address indicated by the Customer during the purchase phase, in the manner indicated in the order form.
The personal data and the delivery address of the Products can be subjected to control by the Company, without any prior notice. We do not accept shipments to Post Boxes.
Shipments can be made both in Italy and in European Community countries.
In any case, delivery times are on average forty-eight / seventy-two working hours and in any case they do not exceed fifteen working days starting from the day following the transmission “order confirmation” and / or upon receipt of credit of the consideration.
The costs of delivery of the Products are charged to the Customer, unless otherwise indicated and will be indicated from time to time on the Portal during the phases of purchase.
Conditions and terms of delivery other than those provided in the General Conditions must be agreed in advance between the Customer and the Company and accepted by the latter in writing.
Upon delivery of the Products by the courier to the address described above, the Customer undertakes to verify the integrity of the package delivered to him and the correspondence of the number of pieces with respect to what is indicated in the transport document.
The Customer is aware that should the package be altered he will have to refuse delivery with the express indication of “Tampered package”.
The Customer is aware that any damage to the package or to the Products or the mismatch in the number of the pieces must be immediately contested through a special “control reserve” written on the courier delivery proof, under penalty of forfeiture by the faculty to raise subsequent disputes in order to the congruity, integrity and completeness of the package delivered.
5. Prices and invoicing
All the sales prices of the Products indicated on the Portal are expressed in Euro.
Unless otherwise indicated, Product prices include VAT and all other taxes.
The prices of the individual Products, indicated from time to time in the Portal, cancel and replace the previous ones.
The prices applied are those indicated in the Portal at the time of the purchase order by the Customer.
The tax documentation (invoice and / or delivery note) where requested, is issued by the Company by issuing an electronic invoice as per law and one in analog format (courtesy invoice) and simultaneously signed by the Customer upon delivery of the products.
To comply with administrative and bureaucratic requirements, when communicating personal data on the Portal, the Customer is obliged to enter the fixed or mobile telephone number, where applicable, if necessary.
6. Product features and availability
The Products are not supplied on trial.
The Customer is responsible for choosing the ordered Products and their compliance with their needs.
In case of unavailability of one or more Products, the Company proceeds to the delivery of the other Products ordered by the Customer; in this case, the partial delivery of the ordered Products is considered valid and does not give the Customer the right to refuse delivery, nor to any compensation or compensation whatsoever.
The amounts eventually paid for the unavailable products will be reimbursed and / or switched into vouchers, at the Customer’s request.
7. Responsibility of the company
The Company assumes no responsibility for disruptions caused by force majeure of any kind and nature, if it is unable to execute the contract within the agreed time.
Causes of force majeure, by way of example and not limited to, are the provisions of the Public Authority, the strike of its own employees or of the carriers which the Company uses, as well as any other circumstance that is beyond the latter’s control.
8. Obligations of the consumer and the professional (customer)
The Customer undertakes, once the online purchase procedure has been completed, to print and keep these General Conditions.
The information contained in the General Conditions must be viewed and accepted before sending the purchase order. Acceptance takes place by marking the appropriate space on the Portal.
Failing this, the order cannot be executed.
In the absence of the Customer, twice in a row, in the place and at the time of Product Delivery, the Company reserves the right to request reimbursement of expenses incurred for the return of the package.
9. Right of withdrawal of the consumer
Under current consumer protection legislation, only and exclusively the Consumer who for whatever reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract and to return the Products delivered, without any penalty and without specifying the reason.
The right of withdrawal may be exercised by the Consumer, under penalty of forfeiture, within fourteen days of receipt of the products.
The right of withdrawal is exercised by sending, within the terms indicated above, a written communication to the Company’s headquarters by registered letter with acknowledgment of receipt.
The communication can be sent without fail, within the same term, also by e-mail to the address firstname.lastname@example.org, through a specific online form or by downloading and sending the paper form
After communicating the desire to return the products, the Consumer will have fourteen days available for the return, without delay, of the products purchased through the trusted Courier indicated by the Company.
In this case, the return costs are borne by the Company.
In the event that the return is carried out by the Consumer in different ways, all shipping and delivery costs are at his expense, unless otherwise agreed.
The reimbursement of the sums disbursed for the purchase in favor of the Consumer is free and is made as quickly as possible, and in any case within fourteen days from the date on which the Company becomes aware of the intention to withdraw and / or in possession of the Products verifying their integrity in all their parts, non-use and return in the original packaging.
In order for the right of withdrawal to be exercised, the consumer must place the products as received in the package sent by the Company.
It is not possible to exercise the right of withdrawal for:
- sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery;
10. Coupon and gift certificates
The Company reserves the right to give its customers “discount vouchers” and “coupons” usable for purchases on the Portal https://www.ermutshop.com/
The coupons and the discount vouchers are valid for the period and for the indicated products, they are not refundable in case of return, they are not cumulative and can be used only once.
To take advantage of the coupons it is necessary to enter the code before proceeding with the purchase.
In case of failure to enter the code, it will not be possible to take advantage of the discount.
11. Modalità di pagamento
Il Cliente pagherà i Prodotti ordinati mediante le modalità che saranno di volta in volta indicate durante la compilazione del modulo d’ordine e che il Cliente confermerà al termine della procedura d’ordine.
12. Product warranties
The Company guarantees that the Products delivered are those presented on the Portal, the material integrity of the packaging of the Products at the time of delivery, in addition to the right of withdrawal for the Consumer.
Any defects and defects must be reported by the Customer, under penalty of forfeiture, no later than 24 hours from discovery; the Customer has the right to request and obtain the withdrawal and the only replacement of the packages that are actually damaged, as the right of the Consumer / Professional to compensation for any damage induced by the state of the defective product is excluded.
The user, consumer or professional, in the event of a return due to faults and defects in the goods must complete a specific form in which the defects and defects of the product are accurately indicated.
The costs for the return and replacement / repair of the Product in this case are borne by the Company which will, where possible, repair or replace the products.
13. Legge applicabile – ADR e ODR – Foro competente
I contratti stipulati online con la Società sul Portale sono regolati dalla legge italiana.
Per quanto qui non espressamente disposto, valgono le norme di legge applicabili ai rapporti ed alle fattispecie previste nel contratto stipulato online dal Consumatore e/o Professionista con la Società.
Secondo l’articolo 49 comma 1 lettera V del D. Lgs 6 settembre 2005 n. 206 (Codice del Consumo) il cliente può avvalersi della procedura di Conciliazione Paritetica.
La Procedura può essere avviata qualora il consumatore dopo aver presentato reclamo all’azienda, entro 45 giorni, non abbia ricevuto risposta ovvero abbia ricevuto risposta non ritenuta da lui soddisfacente.
Il cliente che decide di avvalersi della procedura di Conciliazione Paritetica è obbligato a trasmettere la domanda all’indirizzo: email@example.com o al numero di fax 02/87181126.
Per maggiori informazioni si rimanda a:
Ai sensi dell’art. 14 del Regolamento 524/2013 si informa l’utente che in caso di controversia potrà presentare un reclamo a mezzo della piattaforma ODR dell’Unione Europea raggiungibile al seguente link http://ec.europa.eu/consumers/odr/.
La piattaforma ODR costituisce un punto di accesso per gli utenti che desiderano risolvere in ambito extragiudiziale le controversie derivanti dai contratti di vendita o di servizi online.
Per maggiori informazioni contattare: firstname.lastname@example.org
Per qualsiasi controversia tra le parti in merito è competente il Foro del luogo di residenza o di domicilio del Consumatore, se ubicati nel territorio italiano.
Ogni controversia relativa alla applicazione, esecuzione, interpretazione e violazione del contratto stipulato online dal Professionista con la Società, è sottoposta alla giurisdizione italiana ed è competente il foro di Salerno.