These general conditions of sale (hereinafter, the "General Conditions") regulate the mode and conditions of sale of the products marketed via electronic network through the website "www.loscarabeo.com" belonging to Lo Scarabeo srl.
All contracts of sale of products by Lo Scarabeo to third parties (hereinafter, the "Clients") are regulated by these General Conditions, which are an integral and substantial part of every proposal, order and confirmation of order for purchases of said products.
The conditions of sale applicable to the order are those in force as of the date of said order.
All purchase transactions shall also be regulated by the provisions contained in Legislative Decree no. 185/99 and, as relates to the protection of personal data, shall be subject to the provisions of law no. 675/96 and subsequent amendments.
1. Products: prices and characteristics
1.1 Unless indicated otherwise, the prices of the products published are to be understood as VAT inclusive. The prices of the products published from time to time cancel and replace the previous prices and are subject to effective availability of the products. Lo Scarabeo reserves the right to confirm or amend the prices of the products published on its internet website or in informative brochures and advertising material at the time of confirming the order to the client.
1.2 The pictures of the products are published on the website purely for informative purposes and are not binding.
2. Orders – billing
2.1 These Conditions of Sale must be examined online by clients visiting the website www.loscarabeo.com before they confirm their purchases. Transmission of the order confirmation therefore implies total knowledge of the conditions and full acceptance thereof.
2.2 The client declares that he/she is a consumer pursuant to Legislative Decree no.185/1999 and is of legal age, and that the data furnished are correct and true.
2.3 The client agrees and is required, after completing the procedure of purchase online, to print and keep these general conditions of sale, having read and accepted them during the purchase process, in order to comply fully with the condition pursuant to art. 3 and 4 of Legislative Decree no. 185/1999.
2.4 All orders for the purchase of products must be completed in every part. Every order for products transmitted is a contract proposal made by the client and is therefore binding on Lo Scarabeo only if confirmed by it for acceptance. Fulfillment of the order by Lo Scarabeo is equivalent to confirmation and acceptance of it.
2.5 Lo Scarabeo reserves the right not to accept incomplete orders which have not been duly compiled.
If Lo Scarabeo is unable to fill the order (due to non-availability of the products ordered by the client) Lo Scarabeo will provide as promptly as possible to inform the client and return any amounts already paid for the unfulfilled supply. In this case the client will not have the right to any other form of reimbursement or indemnity or damages of any kind.
2.6 The fiscal documentation relative to the products ordered will be issued by Lo Scarabeo at the time of shipping the products to the client. Clients who possess a VAT account and wish to receive the invoice in their name should indicate the request in the order. Lacking such information, Lo Scarabeo does not issue a fiscal invoice.
2.7 Unless otherwise indicated, it is only possible to order a single piece of any item presented on the website www.loscarabeo.com at the time of the order. For larger quantities it is necessary to write to email@example.com and agree on the mode of purchase and payment.
The threshold of the single unit per item applies to all products with the exception of those listed in the category of "accessories" (such as packets and bags), for which there is no limit.
2.8 The products ordered, with the relative fiscal documentation, are shipped to the address indicated by the client in the order, where it must be possible to make deliveries during normal business hours.
3. Shipment and delivery
3.1 Lo Scarabeo agrees to ship the goods order as promptly as possible; approximately, but without obligation for Lo Scarabeo; subject to the availability of the products and except in case of events beyond its control, the goods will be delivered in 4-6 working days from the first working day after receipt of the payment.
3.2 Lo Scarabeo is not responsible for shipment, which is assigned to third parties, and cannot guarantee reimbursement. The client is therefore responsible for verifying, on receipt of the shipment, that the package is intact, not damaged or wet or open, and that it complies, in any case, with the standard characteristics. Only after making such inspection should the client accept delivery.
3.3 After accepting the delivery, it is not possible to file claims regarding the exterior characteristics of the goods delivered against the order.
3.4 If the goods delivered do not correspond to the products ordered, as described in clauses 3.2 and 3.3 above, the client must refuse the goods, filing a claim directly with the carrier, and send an email to our address: firstname.lastname@example.org
3.5 In case of non delivery, Lo Scarabeo cannot reimburse the part of the costs required by the carrier. The client therefore agrees in confirming the order to furnish an address for delivery where it is possible to make deliveries during normal business hours.
4. Modes of payment
4.1 The website www.loscarabeo.com accepts the following modes of payment: bank transfer, payment via PayPal.
4.2 If you select Bank Transfer, clicking on “Confirm order” will conclude the transaction without further passages. Via email you will receive the information necessary to make the payment. The products ordered will be shipped only after receipt of the payment on our current account.
5. Special offers and gifts
5.1 Any special offers announced by Lo Scarabeo are valid only as long as the products are available and, in any case, are subject to effective availability. The special offers announced by Lo Scarabeo are not cumulable.
5.2 If a special offer announced by Lo Scarabeo calls for the shipment of a free gift with one or more of the products purchased, the client will have the right to the free gift only if expressly requested in the order and subject to availability.
5.3 No service or replacements will be made relative to any products received free of charge by the client.
6.1 The guarantee of the producer or importer applies to the product, as foreseen by the legislation in force.
6.2 With regard to the obligations accepted by Lo Scarabeo toward the clients at the time of accepting orders, except in case of malicious damage or grave fault of Lo Scarabeo, it is hereby agreed that if Lo Scarabeo is found to have any liability toward the client – also in case of total or partial breach of the obligations accepted by Lo Scarabeo toward the client by effect of the fulfillment of the order – the liability of Lo Scarabeo shall not exceed the price of the products purchased by the client and on which the claims are based.
7. Return of products
7.1 Pursuant to art. 5 LD 185/1999, clients who are physical persons and who purchase the goods for purposes not referring to their professional activity may rescind the contract for any reason, without the need to furnish an explanation and with no penalty. To exercise this right, clients shall send Lo Scarabeo notice to that effect within 10 working days of receipt of the goods. The communication may be sent by email, telegram or fax within 10 days, followed by confirmation via registered letter with return receipt within the subsequent 48 hours, to the following address:
Lo Scarabeo srl
Via Cigna 110
10155 Torino (TO)
7.2 On receipt of said notice of rescission, Lo Scarabeo will provide to furnish the client with instructions for the return of the goods. Return must be made within 48 hours thereafter. The right of rescission is, however, subject to the following conditions:
- The right applies to the entire product purchased; it is not possible to rescind only part of the product purchased (such as: accessories, expansions, manuals, etc.);
- the product purchased must be intact (sealed, not unpacked) and returned in the original package, complete in all parts;
- by law, the shipping costs are for the account of the client and under the client’s complete responsibility.
The right of rescission is totally invalid in the absence of the essential condition of the intact condition of the goods, if any of the following are ascertained:
If the right to rescind is invalid, Lo Scarabeo will provide to return the goods purchased to the sender, charging the sender for the shipping costs.
All claims should be made in writing by registered letter with return receipt to:
Lo Scarabeo srl
Via Cigna 110
10155 Torino (TO)
Sending an email is not an alternative for sending the claim on hard copy by mail to the above address. Only claims received by mail will be considered valid.
9. Applicable law
Without prejudice to the application of any irrevocable provisions of law for the protection of consumers (as defined pursuant to art. 1 lett b) of Legislative Decree no. 185 of May 22, 1999, any controversy connected in any way with these General Conditions shall be for the exclusive jurisdiction of the Court of Turin.
Pursuant to and by the effects of articles 1341 and 1342 of the Italian civil code, the client confirms having read carefully and understood the following clauses of the General Conditions of Sale of Lo Scarabeo: 1.1, 1.2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 5.1, 5.2, 5.3, 6.1, 6.2, 7.1, 7.2, 8 and 9.
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