GENERAL TERMS AND CONDITION OF SALE AND DELIVERY

GENERAL TERMS AND CONDITION OF SALE AND DELIVERY

The offer and sale of products made on the website www.actiondirecte.it are governed by these General Conditions of Sale. .The Customer is obliged, before submitting their purchase order, to carefully read these general conditions of sale. The submission of the purchase order implies the full knowledge and expresses acceptance of both the aforementioned general conditions of sale and of what is indicated in the Order Form. The Customer is obliged, once the online purchase procedure has been completed, to print and keep the present general conditions of sale and the relative order form, already viewed and accepted.

1. Object

1.1 The GT&C of Sale and Delivery apply to contracts for the sale and/or delivery of movable property (“Goods”) that are available online via e-commerce service on our website www.actiondirecte.it. All of the Seller’s goods and services under the abovementioned contracts (hereinafter together referred to as “Contract”) are defined as “Performance”. All of the Seller’s Performances are based on these Terms and Conditions and on any separate agreements in writing. Taking into account the large number of products made available, the main features and prices of the same (including any additional cost) are clearly indicated directly on the site.

2. Parties

2.1 All the good and products are provided by Action Directe S.C. with registered office in Italy, Via Valprato 68, 10155 Torino (TO), registration number in the Register of Companies of Turin Rea TO – 1277157 – VAT number 12267070014 (henceforth Seller).

For any additional information please contact Action Directe:

• email : info@actiondirecte.it
• tel. number: +39 011 18997222
• mailing address:

Action Directe S.C.
68,Via Valprato
10155 Turin (TO)

Italy

2.2 The GT&C of Sale and Delivery apply to contracts for the sale and/or delivery of movable property (“Goods”) that are available online via e-commerce service on our website www.actiondirecte.it. The GT&C of Sale and Delivery apply exclusively to our service and do not govern, instead, the provision of services or the sale of products by subjects other than the Seller that are present on www.actiondirecte.it via links, banners or other hyperlinks. Before placing orders and purchasing Goods and services from parties other than the Seller, we suggest checking their GT&C of Sale and Delivery, since the Seller is not responsible for the provision of services by third parties other than the Seller.

2.3 The Goods are sold to the Purchaser identified by data entered while filling and turning in the order form in electronic format with simultaneous acceptance of these GT&C of Sale and Delivery.

2.4 The products and services offered on the website www.actiondirecte.it are aimed at customers over the age of 18. If you’re a minor you have to request your parent’s or legal guardian’s approval prior to purchase on the website www.actiondirecte.it . Remember: this is always applies, not only for our site but for all the sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or is not clear always ask your parents for help. By placing an order through this website, you guarantee and ensure that you are an adult (18 years) and have the legal ability to enter into binding contracts.

2.5 The Customer is prohibited from entering false and/or invented and/or fictional names in the online order procedure and in further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all our consumers.

2.6 By accepting these GT&C of Sale and Delivery, you also release the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by you at the time of placing the online order, being yourself as a customer solely responsible for their correct placement.

3.Sale via  e-commerce  service.

3.1 Online Sales Contract refers to the remote agreement having as its object the sale of movable goods (hereinafter referred to as Products) entered into between you, as Customer, and Action Directe S.C., as Seller, as part of an electronic commerce service organized by the Seller which, for this purpose, it uses remotely.

3.2 To finalize the contract for the purchase of one or more Goods, you must fill out the order form (hereinafter referred to as Order) and send it to the Seller via Internet following the instruction reported below.

3.3 The Order contains:

• Images and descriptions of each product with their related pricing;
• Paying methods you may utilize;
• Purchased Goods delivery methods and related shipping and delivery costs;
• Reference to the conditions for the exercise of your right of recess;
• Methods and processing times of the purchased Goods;

3.4 Action Directe S.C. constantly takes measures to ensure that the photographs shown on the site are a faithful reproduction of the actual product, including the adoption of any possible technological solution to reduce to the minimum amount of imperfections. Some variation may still occur due to the different technical characteristics and color resolution the specific computer is equipped with. Consequently, the Seller will not be liable for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations have merely illustrative function.

3.5 Prior to finalizing the contract, it will be asked of you to validate the reading of the GT&C of Sale and Delivery, including the information on the right of recess and the processing of personal data.

3.6 The contract is finalized when the Seller receives, through the internet, your order form, after verification of the accuracy of the data relating to your order.

3.7 The available language to finalize the contract with the Seller is Italian and the Italian law is the one that applies. If the GT&C of Sale and Delivery are translated into another language, the Italian version shall apply in the event of any ambiguity about their content.

3.8 Once the contract is finalized, the Seller will take charge of the Customer’s order for its processing.

3.9 CUSTOMIZED PRODUCTS PURCHASE: the Client can customize the products when the order is expressly provided, by filling the dedicated form and by reaching an agreement with the Seller before the processing begins.

4.Order fulfillment.

4.1 By submitting the Order via the Internet you unconditionally accept and undertake to comply with these GT&C of Sale and Delivery in your dealings with the Seller.

4.2 Once the contract is finalized, the Seller will send you, by email, an Order Confirmation that contains a summary of the information that was already present in the Order described in paragraphs 3.3, 3.4 and 3.5.

4.3 It is without prejudice to the Seller’s ability, before sending the Order Confirmation, to request by email or by phone indicated by the Client, further information with reference to the Order sent by the Client through the Internet.

4.4 The Seller may not process the Client’s purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products. In these cases, we will inform the Client by email that the contract is not concluded and that the Seller has not followed up the Client’s Order specifying the reasons. If this happens the sum previously committed on the Customer’s means of payment will be decommitted. In addition, despite all our efforts, we cannot exclude that for a small part of the products on our site are indicated by mistake with a price different from the actual one. We will in any case check the correctness of the products prices during the process of verification of the order and subsequent shipment of the products. If due to errors or other inconveniences, the price indicated on the site should be lower than the correct price of a product, we will contact the Client to check if they still want to buy the product at the proper price. Otherwise, the order will not be accepted. If the correct price of a product is lower than what indicated on the site, we will charge the Client with the correct lower price and we will send them the product.

4.5 If the products presented on the website are no longer available or for sale after the Order has been placed, the Seller shall inform the Client promptly about the possible unavailability of the Products ordered, no later than thirty (30) working days starting from the day following the one in which they submitted their order to the Seller. If this happens the sum previously committed on the Customer’s means of payment will be decommitted.

4.6 The Seller undertakes delivering the products no later than a 100 days after the contract finalization date.

4.7 Each sale made by the Seller through the online sales service may concern one or more products. All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order and in the case of several orders for the same product, even if each order includes a total amount of products corresponding to normal consumption needs.

4.8 Action Directe S.C. reserves the right to refuse orders from a customer with whom a dispute and/or dispute relating to a previous order is pending. This also applies to all cases in which Action Directe S.C. deems the customer unsuitable, including, but not limited to, previous breaches of contract conditions for online purchase on the site or for any other legitimate reason, especially if the customer has been involved in any kind of fraudulent activities.

4.9 4.9 Action Directe S.C. reserves the right to send back, with shipment on client charge, the product to be shipped back in the event this is not workable/not resoleable
and/or in worst conditions compared to the description provided by the customer. If this case applies the refund of the purchase will be issued  the shipping costs will be charged on the  customer and will be subtracted directly from the total refund.

4.9.1 If the product to be resoled requires an increase in price, this variation will be notified to the customer before the processing starts. The client may accept or decline. If they decline, , the refund of the purchase will be issued and  the product will get shipped back to the client,   the shipping costs will be charged on the customer  and will be subtracted directly from the total refund.

5. Sale prices

5.1 Unless otherwise indicated in writing, all prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euro. The validity of the indicated prices is always and only the one indicated on the website at the time of submission of the Order through the Internet. The prices of the Products and the shipping and delivery costs may vary without prior notice. Please make sure to check the final price before placing an order.

5.2 All products are shipped from Italy. Products, shipment and delivery prices that are indicated on the website are not inclusive of customs taxes that might get applied for shipments that exceed European borders. In this case the exceeding charges will be signaled when placing the order.

5.3 These costs will therefore be charged on the client and must be paid directly at the time of delivery of the Products, according to the indications specified in the Order Confirmation.

6. Payment methods

For Products, related shipping and delivery costs payments you can follow one of the methods indicated in the order form on the website www.action directe.it  , which are summarized below.

6.1 Credit and Prepaid cards.

• 6.1.1 For online orders on our site we accept both credit card payments and prepaid cards (for example, PostePay) without any additional charges on the cost of the product and shipping. It is to understand that the Client must hold a valid credit card when ordering the Products purchased online and that the name on the credit card must correspond to the one indicated on the billing data. In the absence of these conditions it will not be possible to process the order.
• 6.1.2 At the time of online purchase, together with the Order Confirmation, the bank of reference will make the only commitment of the amount relating to the Order from the availability of your credit card. The amount will be charged to the credit card only when the purchased products get shipped.
• 6.1.3 If once the package gets delivered, the Client intends for any reason to exercise the right of recess after the cost of the product has already been charged, the Seller will instruct the bank to refund the amount directly to the credit card or any other card used at the purchase time.

6.2 Bank transfer through Sofort

• 6.2.1 The Client can pay for your order in a quick and safe way using their home banking through the Sofort payment platform. The amount will be charged directly to your current account.

6.3 At no time during the purchase process Action Directe S.C. is able to know the information related to the Client’s credit card (for example, the credit card number or the date of its expiry) that are transmitted via an encrypted protocol-protected connection directly to the website of the entity that manages the electronic payment (banking institution).
No computer archive of the Seller will store such data.

6.4 There are no cases in which the Seller can be held responsible for any fraudulent and improper use of credit cards and prepaid by third parties. It’s indeed all managed by unrelated parties to the Seller that are authorized to do so.

7. Shipments and Delivery  of products

7.1 Each shipment contains:

• the product/s purchased.
• the applicable transportation document/accompanying invoice;
• any accompanying documents required by the country of dispatch;
• any information and marketing material;

7.2 The delivery of any Goods purchased from the Seller’s website can occur in multiple ways.

7.3 Delivery to customer’s house

• 7.3 Delivery to customer’s house 7.3.1 The purchased products will be delivered to the shipping address indicated by the Customer on the Order with the insured shipment, by the Seller’s identified courier. See the Shipping section for additional informations on costs, times and shipping methods and countries served.
• 7.3.2 Upon receipt of the goods at home, we ask the Client to verify the integrity of the packages at the time of delivery by the courier. Discernable transport damage must be reported without undue delay to the freight forwarder, who provided delivery otherwise, the Client’s rights in this regard will be forfeited.

8. Right  of Withdrawal

8.1 The Customer shall have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, only if they are a Consumer (meaning with this definition any natural person acting on the site for purposes unrelated to the entrepreneurial or professional activity possibly carried out). In order to make use of the right, the Client must communicate to the Seller the intention within the period of fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires the physical possession of the goods. The term is considered respected if the Customer returns the goods before the expiry of the period of (14) days. We remind the Customer that, as required by current legislation, the right of withdrawal is excluded and can therefore not be exercised in the event that the products they have purchased have been made to measure and/ or customized on request at the time of inserting the Order. All resoling processes are therefore excluded.

8.2 To make use of the right of withdrawal you have the following possibilities:

• 8.2.1 If the Client is a registered user, they must log in after authenticating with their username and password to the Account section of the website. Here in the My Orders section, the Client will find the list of their orders with a link next to each one to activate the return procedure. By accessing the Online Return Form within the deadline of fourteen (14) days from the product’s delivery date, the Client can notify us of their wish to withdraw from the contract, indicating which Products will be returned.
• 8.2.2 As an alternative to the above, they can also submit any other explicit declaration of your willingness to exercise the right of withdrawal, also by completing the Withdrawal Form pursuant to Annex I, part B of D. Lgs 21/2014 that they must send us by registered mail a.r..

8.3 When completing the Online Return Form the Client will receive all the information necessary for the return of the Products.

8.4 The right of withdrawal is subject to the following conditions:

• Products returned must be returned in their entirety and not divided in parts or components of them even in the case of kits;
• The returned Products must not have been used, worn, washed, soiled, or damaged and must not bear any sign of use;
• Returned Products must be returned packaged exactly as they were shipped, complete with each accessory and label.
• Returned Products must be sent to the Seller in one shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
• The returned Products must be delivered to the courier within fourteen (14) days from the date the Client received the products;
• In cases where the Seller, for the purchase of a specific package of Products, offers the possibility to purchase them at a lower price than that which would normally be charged by purchasing them individually (e.g. 5 for 4, 3 for 2, etc.) the right of withdrawal can be exercised even with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the individual product. In all other cases (e.g. tied sales, premium transactions, etc.) the right of withdrawal may be exercised only with the return of all the Products subject to purchase, thus excluding any partial exclusion.

8.5 If the right of withdrawal is exercised by the Client in accordance with the above conditions (paragraph 8.4), the Seller is obliged to reimburse the sums paid by the Client no later than fourteen (14) days from the date on which the Seller was informed of their decision. This applies if it is provided that the Seller has already received the return of the goods or that you provide the Seller with proof that the Client already dispatched the goods. The Seller will use the same means of payment they used for the initial transaction for the refund, unless they explicitly ask the Seller to use a different means and the latter consents.

8.6 In the event of withdrawal, the only charges borne by the Client will remain the initial shipping of the order of the products purchased. All other expenses will be refunded by the Seller, including the costs of delivery of the goods returned following the exercise of the right of withdrawal (except for the additional costs arising from the Client’s choice to use a different and more expensive delivery method than the standard delivery type offered by the Seller).

8.7 Action Directe S.C. also undertakes to bear the initial shipping costs of the Products exclusively in the event of damage to the same due to transport or errors in the shipment by the Seller itself. Only in these cases, the Seller will also refund the amount the Client paid as shipping costs. The Seller will send an express courier for the collection of the Product at the address indicated by the Client.

8.8 For the return the Client will have to exclusively use the Courier indicated by the Seller in the Online Return Form: this way the Client will not have to pay the expenses at their charge of returning the purchased products since such payment will be made, on the Client’s behalf, directly from the Seller. Subsequently, the Seller will deduct a lump sum equal to the cost previously incurred by the Client from the refund due for the shipment and delivery to their home of the purchased products or to the shipping costs normally provided for the delivery country. Cases of return by product’s flaw or for the provisions of section 8.7 above exceed this. From the moment the Client return the purchased products to the mail service indicated by the Seller in the online return form, the Seller releases the Client from any liability in case of loss or damage of the products during transport.

8.9 In the case of the exercise of the right of withdrawal without compliance with the above procedures (e.g. over 14 days provided by law, or without having completed the online return form, or without compliance with the conditions set out in paragraph 8.4 above, etc.) the client will not be entitled to a refund of any sums already paid to the Seller. Within 10 days from the email’s sending date in which the Client will be notified of the non-acceptance of the return, it’s possible to reply to it choosing to gain back the products in the state they were returned to the Seller. In case you decide to do so, please be mindful that it’ll be at the Client’s expense. Otherwise, the Seller may withhold the products in addition to the sums already paid for their purchase.

8.10 The right of withdrawal cannot be applied in the case of personalized products on the Client’s explicit request at the time of the insertion of the Order.

9. Guarantee for noncompliant products.

9.1 The Seller is responsible for any defect of the products offered on the website, including the non-conformity of the items to the products ordered, following the provisions of Italian law.

9.2 In particular, in the event of non-compliance, the Customer who has entered into the contract as a Consumer will be entitled to obtain the restoration of conformity of the products at no cost, by repair or replacement. Other options can be obtaining an appropriate price reduction or the termination of the contract in respect of the disputed goods and the consequent refund of the price.

9.3 All return costs for defective products shall be borne by the Seller.

10.   Contacts

For any further information, Action Directe S.C. staff is available at the following email info@actiondirecte.it or at the following address: Action Directe S.C. – Via Valprato 68 – 10155 Torino (TO) Italia.

11. Communication to the client

The Customer acknowledges, accepts, and gives their consent to the fact that all communications, notifications, attestations, information, reports, and in any case any documentation on the purchased products’ transactions will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the long-term support pieces of information within the limits provided by the Site.

12. Privacy

You can obtain information on how we process your personal data by reading our Privacy Policy.

13. Applicable law, dispute resolution and jurisdiction

113.1 These GT&C of Sale and Delivery and all legal relations between the Purchaser and the Supplier shall be governed by Italian law to the exclusion of any other overriding imperative rule of the Customer’s country of habitual residence. Any disputes relating to and/or consequential thereto shall be resolved exclusively by the Italian court, as set out below. According to the applicable law, any disputes must be resolved by the court of the place of domicile or residence of the customer, especially if the customer is a consumer. In the specific case, the customer decides to pursue legal proceedings, the dispute will be resolved by the Court of Turin. In the further case the customer acts in the exercise of its entrepreneurial, commercial, artisanal, or professional activity, the parties will establish by consensus the exclusive competence of the Court of Turin.

13.2 Online Alternative Dispute Resolution Platform (ODR). Given that Action Directe S.C. is always available to seek a friendly solution to disputes arising, through the direct contacts indicated in point 10), we inform our Customers that, according to Article 14 of EU Regulation No 524/2013 and the ODR Resolution pursuant to Statutory Instrument No. 500/2015 in force since 15 February 2016, an online platform for dispute resolution ODR has been established by the European Commission (“online dispute resolution”) derived from the purchase of goods online accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage  Through the ODR platform, the Customer may consult the list of ODR bodies, find the link to each of them and initiate an online dispute resolution procedure. More information about the platform is available at the following link: https:///webgate.ec.europa.eu/odr/main/? event=main.about.show https://webgate.ec.europa.eu/odr/main/?event=main.about.show

14. Modifications and updatings

The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept exclusively the General Conditions of Sale in force at the time of purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.actiondirecte.it   and in relation to purchase orders submitted after that date.