General conditions of e-commerce sale
Article 1 – Definitions and provisions
1.1. For the purpose of these Conditions of Sale:
- Seller or Sapopa means the Sapopa S.r.l. company, with registered office at Viale Trento n. 23, 36100 Vicenza (VI), VI-332415 REA, P. IVA 03527160240;
- Buyer/s means any consumer who purchases a product from the Seller at a distance;
- Product/s means any tangible property shown and offered for sale on the website of the Seller;
- Website means www.sapopa.com;
- Purchase order means the contract proposal sent by the Buyer to the Seller in order to purchase a product under the procedure provided by the Site
- Order confirmation means the written acceptance of the Purchase Order by the Seller, sent by email to the email address indicated by the Buyer.
1.2. These Conditions of Sale govern the purchase of products made on the Seller's Website in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Leg. n. 206/2005, as amended by Legislative Decree no. n. 21/2014 and the Leg. 70/2003 regarding the e-commerce.
1.3. These Conditions of Sale may be modified by Sapopa and the date of their publication on the Website is equivalent to the date of their entry into force.
Article 2 – Precontractual consumer information pursuant to art. 49 legislative decree no. 205/2006
2.1. The Buyer, before the conclusion of the purchase agreement, has to be informed about:
a) the characteristics of the Products, which are explained in the individual "Product sheets" at the time of selection of the product by the Buyer;
b) the total price of the Products, inclusive of taxes, with the details of additional expenses and any other cost;
c) the methods of payment for the Products;
d) the period within which Sapopa undertakes to deliver the Products;
e) terms, conditions, and procedures for exercising the right of withdrawal;
f) the information that the Buyer shall bear the cost of returning the Products in case of withdrawal as well as the possibility of using the "type form of withdrawal”, contained in Annex I, Part B of Legislative Decree 21/2014;
g) the existence of the warranty regarding the conformity of the Products;
h) the terms of after sales service and the commercial warranties provided by Sapopa.
2.2. The Purchaser may at any time and in any case before the contract is concluded, take note of information concerning Sapopa, its geographical address, its telephone and fax numbers, its e-mail address, information that is provided below:
registered office: Viale Trento n. 23, 36100 Vicenza (VI),
tel. +39.3394484680 fax +39.0236515138
Article 3 - Conclusion of the contract
3.1 The contract is exclusively concluded through the Internet, by the access of the Buyer to the Website, the implementation of the Purchase Order and receipt of the Order Confirmation by the Seller, according to the procedure defined in this article.
3.2. The Buyer, before sending the Purchase Order, undertakes to inspect these Terms and Conditions of Sale and accepts them by the application of a "flag" in the specially designated box.
3.3. The Purchase Order sent by the Buyer consists in a contract proposal and implies full knowledge and full acceptance of these Terms and Conditions of Sale.
3.4. The Purchase Order is deemed as accepted upon receipt of the Sapopa Order Confirmation by the Buyer, sent by the Seller by e-mail to the email address indicated by the Buyer. The Order Confirmation contains the Buyer's data, the number of Purchase Order, the price of the purchased products, the shipping charges, the delivery address to which the purchased Products will be sent to and the link to print and store a copy of these Conditions of Sale, as required by art. 51, paragraph I of the Decree. 206/2005, as amended by Legislative Decree no. 21/2014.
3.5. The Contract will be considered effectively concluded between the parties when the Buyer receives by e-mail the Order Confirmation by the Seller.
3.6. The Buyer undertakes to verify the correctness of the data contained in the Order Confirmation and to promptly communicate in writing to Sapopa, also by e-mail at email@example.com , any modifications and / or corrections not later than 24 hours from the receipt of the Order Confirmation and, in any case, before the execution of the Purchase Order by the Seller and the delivery of the products to the carrier and / or forwarder agent. In absence of what specified above, shall be applied the conditions as specified in section 3.4 of these Conditions of Sale.
3.7. The Seller has the right to refuse any request for changes to the Purchase Order made by the Buyer if the Purchase Order is already subject to execution by the Seller and / or has already been delivered to the carrier.
3.8. Sapopa has the right to refuse a Purchase Order if incomplete of the data necessary in order to make delivery and / or invoicing. In this regard, Sapopa retains the right to require the Buyer the integrative information (such as the telephone number and/or the mobile phone).
3.9. Sapopa undertakes to describe and present in the best way the products sold on the Webite. However some errors may result, or some inaccuracies or small differences between what described on the Website and the actual product. The photographs of the products presented on the Webite do not constitute part of the contract, as they are only representative.
Article 4 – Delivery of the products
4.1. If the Product is available in stock, deliveries will take place within 7 working days from the receipt of receipt of the Order Confirmation; for shipments to particularly remote locations (such as islands) the delivery time will be 10 working days from the receipt of the Order Confirmation. In any case, Sapopa undertakes to deliver the products within 30 days from the sending the Order Confirmation to the Buyer.
4.2. The Products are delivered to the postal address indicated by the Buyer. At the delivery of the Products by the Seller to the carrier and / or forwarder agent, will be sent to the Buyer an e-mail confirming the shipment. Deliveries will take place from Monday to Friday, excluding national holidays.
The Products can also be collected by the Buyer directly into the store and / or at the warehouse located at Miluna Srl Via San Rocco 99, 21010 Cardano al Campo (VA).
4.3. The delivery obligation is fulfilled by the Seller through the transfer of material availability or otherwise the control of the purchased Products to the Buyer, pursuant to and for the purposes of Art. 61, paragraph II, of Legislative Decree no. 205/2006, as amended by Legislative Decree no. 21/2014.
4.4. At the delivery of the Products by the carrier, the Buyer is required to check (i) that the number of boxes is the same as indicated in the transport document; (Ii) that the packaging is not damaged, wet or otherwise altered, including the sealing materials (eg. Adhesive tape or plastic ties). Any damage to the packaging and / or to the Product or the mismatch in the number of the boxes or particulars, must be immediately notified, with the the wording "AGREED WITH RESERVE" on the carrier's delivery receipt. Once signed the carrier’s document, the Buyer may not make any objection about the appearance of what was delivered.
4.5. In case of non-delivery for the absence of the recipient at the specified address, the carrier and / or the forwarder agent will send the Buyer an email alert and attempt a second delivery on the immediately following day.
In case of impossibility to perform the delivery also the following day, the Customer Service of the Seller will try to contact the Buyer to schedule a new delivery.
In case of inability of the Seller’s Customer Service to contact the Buyer for the next 3 working days, or in case of further impossibility of delivery to the address for absence of the recipient, the contract will be terminated pursuant to and by effect of art. 1456 cc and the Products will be returned to Sapopa.
In this case, the Seller will refund the price paid by the Buyer within the following 30 days, net of expenses incurred to return the same and the costs of custody at the branch office of the carrier.
4.6. If the Seller fails to fulfill its obligation to deliver the Products within the agreed period or by the date referred to in Article. 4.1, the Buyer shall invite the Seller to make the delivery within an additional period of time appropriate to the circumstances. If the Seller does not even perform its obligation within the additional period granted by the Buyer, the latter is entitled to terminate the contract, except for the right to compensation for damages.
4.7. The Buyer is not burdened to grant to the Seller the additional period referred to in Article. 4.6 above if:
a) the Seller has expressly refused to deliver the Products,or;
b) the compliance of the timing agreed by the Parties for the delivery of the Products has to be considered as essential, taking into consideration all the circumstances incurred within the conclusion of the contract, or;
c) the Buyer has informed the Seller, before the conclusion of the contract, in the Purchase Order, that delivery by or on a specified date was essential.
4.8. In the cases referred in Article 4.7, if the Buyer does not receive the Products within the timing agreed with the Seller or within the period of 30 days pursuant to Article. 4.1, the Buyer shall be entitled to terminate the contract effective immediately, without prejudice to the right of compensation of damages.
4.9. In case of termination of the contract by the Buyer under Articles. 4.5 and 4.7 above, Sapopa is obliged, without undue delay, to refund all the costs sustained by the Buyer for the execution of the contract.
4.10. For each Purchase Order made on the Website, Sapopa will issue the invoice. The invoice is delivered to the Buyer together with the Products but is also available and printable in the section of the site after the processing of the Purchase Order. After the issuance of the invoice, the data indicated in the same cannot be modified.
Article 5 – Product’s availability
5.1. Products’ availability refers to the material availability occuring at the time in which the Buyer submits the Purchase Order. That availability shall be considered merely indicative; given that several users may visit the Website at the same time, Products may be sold to other Buyers before the Seller delivers the Order Confirmation.
5.2. Unavailability, both partial and total, of the Products object of the Purchase Order may occur after Sapopa delivers the Order Confirmation but before the delivery of the Products. Occurring the said circumstance, the Purchase Order will be automatically amended by the Seller by deleting the unavailable Product and with the immediate notification to the Buyer of the amendment by e-mail (hereinafter, the “Communication of Purchase Order’s Amendment”).
5.3. In the event of Amendment pursuant to art. 5.2 above, the Buyer shall be entitled to cancel the Purchase Order and terminate the Agreement pursuant to art. 1456 of the Italian Civil Code, no later than 2 (two) working days after the Communication of Order’s Amendment, and the Seller shall indemnify the Buyer up to the price of the Product within 14 (fourteen) days after the date in which the Seller received notification about the termination.
5.4. The visual representation of Products on the Website generally matches with the image attached to the “descriptive sheet”. It is understood that the image aims only to the Product’s sale and may not entirely correspond to the Product’s quality but differ in colour, size, accessorizes. In the event the image differs from the “descriptive sheet” the description always prevails.
Article 6 – Methods of payment
6.1. Every payment from the Buyer shall be executed by:
- credit card;
It is possible to process your order payment by credit card even if you do not hold a PayPal account.
- through Paypal;
- through gift cards or fidelity voucher, if any.
The amount due will be charged at the time of the Order Confirmation by the Seller.
6.2. All communications related to payment and data provided by the Buyer at the time of the payment will be processed on secure gates.
6.3. For the Buyer’s security and guarantee, the Seller won’t be able to receive/acquire data and information related to the Buyer’s credit card, provided that these data are directly processed, in a secure/guaranteed way, by the bank in charge of managing the payment. Sapopa won’t keep any data room with the said information. Therefore, Sapopa shall not be responsible for any misuse or fraud of the credit card by third parties at the time of the payment for the Products on the Website.
Article 7 - Price
7.1. The prices of the Products listed in the Website are expressed in Euro and include VAT.
7.2. The costs of delivery are not included in the price, but are clearly displayed and computed in the Purchase Order and before the conclusion of the agreement and the payment.
The cost for each shipment is calculated based on the country your order has to be shipped to. During the checkout process the shipping costs will be automatically added to your order total.
Sàpopa grants FREE SHIPPING ON ORDERS ABOVE €300.
Shipping cost by area for orders below €300 are:
- ITALY : 10€
- EUROPE : 20€
- AMERICA : 30€
- ASIA : 45€
7.3. The Buyer hereby agrees to let Sapopa amend the price of the Products at any time, provided that the Products shall be sold at the price displayed in the Website at the time of the Purchase Order and confirmed in the Order Confirmation.
7.4. In case of any material, technical or default of any other kind, which determines a substantial - and not decided by Sapopa - amendment in the sale price of one or more Products displayed in the Website and, as a consequence of the default, the price is, alternatively, excessive or derisory, the Purchase Order shall not be effective and shall be cancelled by the Seller, who shall refund the price eventually paid by the Buyer within 14 (fourteen) days after the notification in writing of the cancellation of the Purchase Order to the Buyer.
Article 8 – Right of withdrawal
8.1. Pursuant to the provisions of art. 52 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the Seller has the right to withdraw/cancel the Purchase Order without any justification, within 14 (fourteen) days after the delivery of the Products. In case of multiple purchases collected in one single Purchase Order and delivered in different timings, the 14 (fourteen) days start from the last delivery.
The withdrawal applies to the whole Purchase Order, being irrelevant any partial withdrawal.
8.2. The Buyer shall exercise the right of withdrawal by notifying it to the Seller in writing through:
(a) registered letter;
(b) access to the specific reserved area in the Website and fill in of the Return procedure;
(c) e-mail addressed to firstname.lastname@example.org, specifying the number of the Purchase Order and the Order Confirmation together with the relevant data and the intention to exercise the right of withdrawal;
(d) delivery, by registered letter or e-mail, of the following “type form of withdrawal”, contained in Annex I, Part B of Legislative Decree 21/2014;
Type form of withdrawal pursuant to art. 49, par 1, lett. h)
(complete and return this form only if in wish to cancel the contract)
Sapopa S.r.l. - Viale Trento n. 23, 36100 Vicenza (VI),
tel. +39.3394484680 +39.0236515138
With this form I / We (*) inform the intention to withdraw from my / our (*) contract of sale of the following Products / Services (*)
- Ordered on the day (*)/received on the day (*)
- Name of the Buyer(s)
-Address of the Buyer(s)
[eventual indication of the Bank details in order to receive the refund]
- Signature of the Byers(s) (only if this form is sent on paper)
(*) Delete the words not used.
8.3. In the case pursuant to Article 8.1, the withdrawal is effective and validly exercised if the communication is sent by the Buyer before the expiration of the withdrawal period, in accordance with art. 54, par. 2, of Legislative Decree no. 206/2005. The burden of evidence of the exercise of the right of withdrawal in accordance with the provisions of this Article 8 lies on the Buyer.
8.4. In case of withdrawal, the Buyer shall return the Products received without undue delay and in any case within 14 days from the day of the communication to Sapopa of its willingness to withdraw from the contract pursuant to art. 57, par. I of Legislative Decree no. 206/2005.
8.5. The Products must be returned to Sapopa, at Miluna Srl Via San Rocco 99, 21010 Cardano al Campo (VA). The direct cost of the returning of the Products shall be borne by the Buyer.
8.6. The Products must be returned flawless in its original packaging, complete in all their parts (including packaging and any documentation and accessories) and the annexed tax records. In case of damage of the Products and / or of the original packaging, Sapopa will subtract a percentage from the refund, but no more than the 20% of the price of the returned Product, as compensation for restoration costs.
8.7. Without prejudice to the right to verify the compliance with the provisions of art. 8.6. above, Sapopa will refund the Buyer the full amount of the price paid for the purchase of Products covered by the withdrawal within a maximum period of 14 days from the date in which the Seller has been informed of the decision to terminate the contract. In any case, Sapopa can suspend the refund until getting the actual evidence of the fact that the Buyer has returned the Products, in accordance with Art. 56, par. III, of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014.
8.8. Sapopa will provide the refund using the same methods of payment selected by the Buyer at the time of the Purchase Order.
In case of payment by bank transfer, the Buyer who intends to exercise its right of withdrawal must provide Sapopa the bank details in order to receive the refund by the Seller.
Article 9 – Legal warranty regarding the conformity of the products
9.1. In case of receipt of Products not complying with the Purchase Order or defective Products, the Buyer may request, at its option, to the Seller to repair the Products or to replace them, at no charge in both cases, unless the remedy requested is impossible or disproportionate to the other remedy.
Any repair or replacement shall be performed within a reasonable time from the request, considering the nature of the Products and the purpose for which the Buyer has purchased them.
9.2. The Buyer may request, at its option, an appropriate reduction of the price or alternatively the termination of the contract in case of one of the following situations:
a) repair and replacement are impossible or prohibitively expensive;
b) the Seller has failed to repair or replace the Products within a reasonable period;
c) the replacement or repair previously performed has caused significant inconvenience to the Buyer.
9.3. The Purchaser is entitled to claim these rights if the defect/flaw is shown within two years from the delivery and the Buyer reports to Sapopa the defect within two months from its discovery.
Unless otherwise proved, it is assumed that the lack of conformity of the Products which is shown within six months from the delivery of them, already existed on the date of the delivery, unless this presumption is incompatible with the nature of the Products or with the nature of the lack of conformity.
The action in order to report the defects shall expire, in any case, within twenty-six months from the delivery of the Products.
9.4. To exercise the rights established by this Article, the Buyer shall proceed to the filing of an IT practice of “Return” into a section [eg: "My orders" or "My online account"] available on the Website.
Article 10 – Commercial warranty
10.1. All the Products displayed on the Website, in addition to the legal warranty of conformity referred to in the preceding article, shall are covered by a commercial guarantee the duration of which is cited on the Product sheets.
In order to receive the benefit of the warranty, the Buyer must keep the invoice.
Article 11 - Liability
11.1. Sapopa has no liability for incidents/disservices caused by force majeure or acts of God, even if depending from malfunctions and disruptions of the Internet, in case of not receipt of the Purchase Order or in case of fail to execute in on the time scheduled by these Conditions of Sale.
Article 12 – Access to the website
12.1 The Buyer has the right to access to the Website for the viewing and for the purchasing of the Products. Any other use of the Site or of its contents is not allowed, in particular commercial use. The integrity of the elements of the Website, whether audible or visual, and its technology used remain property of Sapopa and are protected by intellectual property law.
Article 13 - Cookies
13.2. Sapopa informs the Buyer of its option to disable the creation of such files, logging into its Internet configuration menu. It is understood that this will prevent the customer to proceed with the Purchase Order.
Article 14 – Entirety
14.1. These General Conditions of Commercial Sale consist in the totality of the clauses that compose them. If one or more provisions of these General Conditions of Sale is deemed invalid or declared as such under the law, the regulation or after a decision by a court of competent jurisdiction, the other provisions remain in full force and effect.
Article 15 – Law and jurisdiction
15.1. These General Conditions of Sale are subject to Italian law.
15.2. Any dispute which cannot be solved with an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Buyer, if located within the territory of the State.
15.3. In any case, it is allowed to opt for mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes that arise from the interpretation and execution of these General Conditions of Sale.
General Conditions of Commercial Sale updated to 30/03/2016