GENERAL CONDITIONS OF ONLINE SALE
These conditions are valid exclusively between the company RICABLE S.r.l., with registered office in Via Novara, 99/B - 28047 Oleggio (NO), REA NO-243560, VAT no. 02555790035, hereinafter referred to as "RICABLE" and any person making online purchases on the website www.ricable.com hereinafter referred to as "CUSTOMER". These conditions may be subject to modification and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the website www.ricable.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.
ARTICLE 1 - OBJECT OF THE CONTRACT
With the present general conditions of sale, RICABLE sells and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the website www.ricable.com. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to the address www.ricable.com and the placing of a purchase order according to the procedure provided by the site itself.
Before confirming his order, the customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by RICABLE , and to accept them by ticking the box indicated.
In the e-mail confirming the order, the CUSTOMER will also receive the link to download and file a copy of these general terms and conditions of sale, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 - PRECONTRACTUAL INFORMATION FOR THE CONSUMER - Article 49 of Legislative Decree 206/2005
Prior to the conclusion of the purchase agreement, the CUSTOMER takes note of the characteristics of the goods, which are illustrated in the individual product sheets at the time of the CUSTOMER's choice.
Before validating the order with "obligation to pay", the CUSTOMER is informed of the following
- total price of the goods including taxes, with details of shipping and any other costs;
- method of payment;
- the period within which RICABLE undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
- existence of the legal guarantee of conformity for the goods purchased; - conditions of after-sales service and commercial guarantees provided by RICABLE.
The CUSTOMER may at any time, and in any case prior to the conclusion of the contract, acquaint himself/herself with the information relating to RICABLE, the geographical address, telephone and fax number, and e-mail address, which is given below:
Registered office Via Novara, 99/B - 28047 - Oleggio (NO)
ARTICLE 3 - Conclusion and effectiveness of the contract
The contract of sale is considered concluded when RICABLE sends the CUSTOMER an e-mail confirming the order. The e-mail contains the CUSTOMER'S data and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, as well as the link for printing and archiving a copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above-mentioned email and to promptly notify RICABLE of any corrections/changes to be made.
RICABLE undertakes to describe and present the articles sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product shown on the site and the real product. Furthermore, the photographs of the products presented on www.ricable.com do not constitute a contractual element, as they are to be considered representative only.
RICABLE undertakes to deliver the goods within 30 days from the date on which RICABLE sends the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative as:
- products may be sold to other CUSTOMERS before the order is confirmed, as a result of the simultaneous presence of several users on the site;
- there may be a computer anomaly that makes a product available for purchase that is not.
Even after sending the order confirmation e-mail from RICABLE, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified by eliminating the product or products that are not available and the CUSTOMER will be immediately informed by e-mail; this e-mail will also inform the CUSTOMER of the method and timing for refunding any sums paid.
ARTICLE 5 - Methods of payment
Any payment by the CUSTOMER may only be made by the credit cards indicated on the website www.ricable.com, by bank transfer or by Paypal payment method.
In the case of payment by credit card, the actual debit of the order amount will only occur when the order is complete and ready for dispatch.
In case of payment by Paypal, the actual charge will be made when RICABLE sends the order confirmation e-mail.
Communications relating to the payment and the data communicated by the CUSTOMER at the time the payment is made take place on specially protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of the products shown on the website www.ricable.com are in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right of RICABLE to change its prices at any time, but the goods will be invoiced on the basis of the prices indicated on the site when the order is created and indicated in the confirmation email sent by RICABLE to the CUSTOMER.
In the event of a computer, manual, technical or any other error that could lead to a substantial change, not foreseen by RICABLE, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying a reason, within a period of 14 days from the date of receipt of the products.
RICABLE decides to extend this term from 14 to 30 days, so the CUSTOMER will be able to withdraw from the purchase contract up to 30 days from the day of receipt of the products purchased online. In the case of multiple purchases made by the CUSTOMER in a single order and delivered separately, the 30-day period begins on the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must communicate this to RICABLE by means of an explicit declaration, which may be sent by email or by accessing the "My orders" section of the "My account RICABLE" space on the website www.ricable.com, with the creation of a computerised return file.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is reproduced below:
Standard withdrawal form pursuant to Art. 49 (1) (h)
(complete and return this form only if you wish to withdraw from the contract)
Registered office Via Novara, 99/B - 28047 - Oleggio (NO)
I/We (*) hereby notify (*) the withdrawal from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if this form is sent in paper version)
(*) Delete as appropriate.
If the right of withdrawal is exercised, the CUSTOMER must return the goods within 14 days from the day on which he/she communicated to RICABLE his/her wish to withdraw from the contract pursuant to Article 57 of Legislative Decree 206/2005.
The goods must be returned to RICABLE S.r.l., at the Oleggio headquarters, Via Novara, 99/B - 28047 Oleggio (NO).
The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, RICABLE will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
As regards the return of the product subject to withdrawal, RICABLE ensures its customers the possibility of using a carrier with which it has an agreement. In the event that the customer decides to use this service, the shipping costs (except those related to telephone booking) will be borne by RICABLE (art. 56 co.1 dlgs 206/2005). If, on the other hand, the customer intends to use another carrier or another means of shipment, all shipping costs shall be borne by the customer (art 56 co. 2 dlgs 206/2005).
The customer may also return the product purchased online to our Oleggio (NO) headquarters. In this case, it is not necessary to create an online return file and all costs related to the return shall be borne by the customer (e.g. petrol, product dismantling, etc.). Furthermore, in the case of returns at the Oleggio (NO) site, the customer cannot use the carrier contracted with RICABLE*.
As provided for in Article 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, RICABLE may suspend the refund until receipt of the goods or until the CUSTOMER has demonstrated that he/she has sent the goods back to RICABLE.
RICABLE will make the refund using the same means of payment chosen by the CUSTOMER during the purchase process. In the case of payment by bank transfer, and if the CUSTOMER intends to exercise his/her right of withdrawal, he/she must provide RICABLE, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made by RICABLE.
*It is understood that in the event of a product defect, shipping costs will in any case be borne by RICABLE.
ARTICLE 8 - Legal guarantee of conformity
In the event of receiving defective products or products that do not conform to the orders placed, the CUSTOMER has the right to have the conformity of the product restored free of charge by repairing or replacing the product. The CUSTOMER may exercise this right if the defect becomes apparent within two years of delivery of the goods and reports the defect to RICABLE within two months of its discovery. In order to exercise the aforementioned right, the CUSTOMER must proceed to create a computerised return file by accessing the "My orders" section of the "My online account" space on the RICABLE.it website. RICABLE , in the event of a defective or non-conforming product, will, at its own expense, organise the collection of the product, subject to availability of the CUSTOMER.
ARTICLE 9 - Commercial guarantee
All products presented on the www.ricable.com website benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee of unlimited duration.
In order to benefit from the warranty, the CUSTOMER must keep the invoice, which can be printed by accessing the "My orders" section of the "My online account" space.
ARTICLE 10 - Methods of delivery
RICABLE will accept orders for delivery in the Italian territory, Europe and the rest of the world. The products shall be delivered by express courier to the address indicated by the CUSTOMER at the time of ordering within and no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by RICABLE.
ARTICLE 11 - Electronic invoicing
For each order placed on the website www.ricable.com, RICABLE issues a sales document for the goods shipped. This document is contained in the shipment, however, if necessary, you can request a copy by sending an email to email@example.com referring to the order number.
If the CUSTOMER requires an invoice, the following data must be entered in the appropriate fields when creating the order:
- Customer with VAT number
- SDI code
- PEC email address
- Private Customer
- Tax code
ARTICLE 12 - Liability
RICABLE accepts no liability for inefficiencies attributable to force majeure or unforeseeable circumstances, even if they are due to malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the time stipulated in the contract.
ARTICLE 13 - Access to the site
The CUSTOMER has the right to access the site for consultation and to make purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of RICABLE and are protected by intellectual property law.
ARTICLE 14 - Cookies
The website www.ricable.com uses "cookies". Cookies are electronic files that record information relating to the CUSTOMER's navigation of the site (pages consulted, date and time of consultation, etc.) and which allow RICABLE to offer a personalised service to its customers.
RICABLE informs the customer of the possibility of deactivating the creation of these files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
For more information click here.
ARTICLE 15 - Integrity
The present General Terms and Conditions of Sale consist of the totality of the clauses that comprise them. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared so by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 16 - Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, it is possible to have optional recourse to the mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.
General terms and conditions of sale updated on 2 January 2019