GENERAL TERMS AND CONDITIONS OF SALE
1. Definitions
“Customer” – the user of the Website who submit a purchase order of SCRIBO’s products
“Consumer Code” – the Italian Legislative Decree n. 206/05
“General Terms and Conditions of Sale” – these general terms and conditions along with the specific conditions available on the Website related to SCRIBO’s products
“Website” – the website http://scritturabolognese.com/ecommerce
“Seller” – the company Scrittura Bolognese S.r.l., with registered offices in Italy, 40135 Bologna, Via Francesco Albergati, 7 – Tax Code and VAT n° 03569341203 and operational headquarter in Italy, 40123 Bologna, Via Frassinago 18/2
2. Purpose
The products available on the Website are offered for sale by the Seller, owner of the trademark SCRIBO, under these General Terms and Conditions of Sale.
3. Binding contract, scope and updates
3.1 By making a purchase, the Customer acknowledges and declares to have read all the information provided during the order procedure and to fully accept these General Terms and Conditions of Sale. The order procedure is completed upon receipt, also partial, of the order by the Seller. In this case, the Seller will provide a confirmation of the order by sending an email to the e-mail address indicated by the Customer during the order procedure.
3.2 These General Terms and Conditions of Sale apply only to purchases made through the Website.
3.3 The Customer is required to carefully read these General Terms and Conditions of Sale; they are available at the Website for reference at all times, in order to allow the storage and the reproduction. The Customer, once concluded the purchase procedure online, is invited to print or save an electronic copy and in any case to keep these General Terms and Conditions of Sale pursuant to the article 49 and following of the Consumer Code on distance contracts.
3.4 The General Terms and Conditions of Sale may be amended from time to time, so please check them regularly to keep yourself informed on updates. The latest version of these General Terms and Conditions of Sale will always be available on the Website. Any new version of these General Terms and Conditions of Sale shall take effect immediately on the date of shipment and shall regulate orders for products or services placed from that date.
4. Who can purchase
Only persons (or non-legal entities) who, (a) are of legal capacity age to enter into contracts (eighteen in most countries); (b) have the legal capacity to enter into contracts; and (c) use a shipping address in the country or countries to which we ship to (you can verify the list of the countries at this link). Underage people are required to use their parent or legal guardian to place an order.
5. How to place an order
5.1 Orders may be placed by filling the order form available on the Website and following the registration and purchase procedure.
5.2 The order procedure is completed on receipt of the order by the Seller. In this case, the Seller will provide confirmation of order by sending a confirmation of order notice to the e-mail address indicated by the Customer during the order procedure. This confirmation lists the articles selected, prices (including any possible shipping costs, where applicable), the delivery address, the order number and any other conditions that may be applicable to the order. The Customer undertakes to make sure that the data are correct and notify the Seller immediately if any error occured. Any higher costs caused by data errors which are not reported in timely manner will be paid by the Customer.
5.3 The Seller will issue an invoice/receipt for purchased products and will send it to the Customer by e-mail. It will not be possible to modify any data after the invoice has been issued.
5.4 Products offered for sale may occasionally be totally or partially unavailable. In such cases, the Seller shall inform the Customer in a timely manner.
6. Customized products
6.1 The products customization (for example by the engraving) or other services are practicable only if available on the purchase order on the Website and in compliance with these instructions.
6.2 The Seller reserves the right to accept or deny any customized order where the request contains offensive or illegal language or a wording against our policies. The Customer is responsible to ensure that the wording provided for products customization is correct.
6.3 Please note that any customized products orders cannot be cancelled, returned or refunded (for more information please see the point “Right of withdrawal”).
7. Sales price and expenses
7.1 The prices of products on sale are shown in euros. The possible application of VAT will be indicated in the summary form before placing the order.
7.2 The price applied is the one shown on the Website at the time the order is placed. Shipping costs (where applicable) are not shown on the product but will be added to the price of the product following the selection of delivery methods. The costs will be summarized before the request for confirmation and transmission of the order.
7.3 We reserve the right to change the sales price and the shipping costs in any moment without notice.
7.4 Customs import duties and possible local taxes are different from country to country and they will be borne by the Customer. Customers shall always check the applicable customs import duties before placing the order. Any claim or attempt of debiting to the Seller import duties will be rejected. No customs import duties apply for shipments within the E.U.
8. Payments methods
8.1 Payment must be made by credit card, by bank transfer or by PayPal.
8.2 On confirming the order, the amount to be paid for the items purchased will be charged to the Customer, who hereby authorizes the Seller to charge in its bank account the total amount shown as the price of purchase made on-line. The entire procedure is carried out via a secure connection linked directly to Intesa Sanpaolo S.p.A. for bank transfer payments, to Stripe Inc. for credit card payments and to PayPal for PayPal payments.
8.3 The Seller is not responsible for any fraudulent and illegal use of, credit cards and other means of payment that third parties may do during the payment procedure for the products purchased. The Seller is at no time during the purchasing procedure able to process the details of the Customer’s credit card, which are sent directly to the provider operating the service.
9. Shipping
9.1 The Seller provides the delivery of purchased products in Italy and abroad by engaging international shipping providers.
9.2 Shipping costs are charged to the Customer and are appropriately indicated in the purchase order for every order below Euro 250,00.
9.3 When placing the order, an estimated shipping date will be indicated (in any case the shipment will be no later than 30 days after the contract has been concluded, save for limited editions which require a longer processing timing). The Seller, however, assumes no responsibility for disservices arising from force majeure such as accidents, epidemies (including Covid19), explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events which prevent, in whole or in part, the finalization of delivery of the products purchased within the estimated dates.
9.4 The shipping provider engaged by the Seller will deliver the products to the address indicated by the Customer. If such attempt is not successful, the products will be stored at the shipping’s warehouse at Customer’s disposal who will be able to verify the status of the delivery through the tracking number. In the event of non-collection of the products by the Customer within the foregoing time limit indicated by the shipping provider, the order will be automatically be cancelled and the products will be returned to the Seller. In this case, shipping costs will not be refunded to the Customer.
9.5 Unless otherwise expressly indicated by the Customer, the Seller can process the order also through partial shipments.
9.6 On delivery of the products, the Customer must check that packaging is intact, undamaged, neither wet nor otherwise altered, even as regards sealing materials. If there is a visible damage to the packaging and/or the product, the Customer – provided that he has promptly claimed to the carrier – may refuse delivery and in this case the products will be returned to the Seller without charging the Customer.
Once the delivery receipt has been signed, the Customer cannot raise any claim about the external aspects of the products delivered.
10. Warranty of the product
10.1 All products offered for sale by the Seller are covered by a 3 (three) years warranty. Strict control carried out in every stage of the production ensuring the highest level of quality and technique so that each product is in perfect condition for a long and enjoyable using. The Seller warrants that the goods sold are free from defects that make them unsuitable for the use they are intended to, or which appreciably decrease their value.
10.2 The warranty does not cover damage caused by:
– defects and damages due to loss, also of parts or accessorize included in the packaging, theft, fire or other causes beyond Seller’s control;
– defects and damages resulting from misuse, negligence or accident;
– defects and damages caused by improper use (knocks, dents, crushing, etc.), alterations, tampering, disassembling or services and repairs completed by anyone other than an authorized SCRIBO service center, or by the use of components or accessories (such as bottled ink or cartridges) other than those produced or recommended by SCRIBO;
– defects and damages due alterations caused particularly by direct exposure to sunrays or high temperature, wear and tear;
– SCRIBO’s products if any part of the original components has been removed, changed, altered, replaced, erased or damaged;
– standard maintenance and cleaning.
10.3 If a defect arised within 3 (three) years after delivery of the goods, the Customer can claim for the legal warranty by notifying the defect within 2 months from the date of its discovery. By notifying the defect, the Customer may request the Seller the following options:
– replacement of the product; or,
– an appropriate price reduction which take into account the reduced value of the product; or
– termination of the contract if replacement is impossible or excessively burdensome with consequent full refund of the paid price.
After three years from the date of delivery of the product, the Seller shall not be liable for non confomity found by the Customer.
10.4 In any case, the claim must be made in writing (also via e-mail to info@scritturabolognese.com) addressed to the Seller and should contain a detailed description of the nature of the defect claimed and the warranty form, duly filled and available in the product packaging. Claims not properly made cannot be accepted as a valid complaint and will not therefore restrain the effect of the above-mentioned expiry term. When the Seller receive the notification, he will inform the Customer about the way to return the product within the warranty form duly filled, dated and marked by a SCRIBO’s authorized dealer.
10.5 The Customer shall keep the goods delivered at the Seller’s disposal in order to enable necessary investigations. The Seller will not be held liable for any further present or future damage and/or losses, of any nature, direct and /or indirect, currently and/or in the future, within the limitation of the applicable law, suffered by the Customer and will only respond to the extent of the value of the products sold.
11. Right of withdrawal
11.1 Only the Customer who is deemed a “consumer” as defined in the Consumer Code may withdraw from the sale within 14 working days from receiving the product (shall prevail the communication’s date of dispatch) by filling out and send the Cancellation Form attached to these General Terms and Conditions of Sale (or similar written notice) by registered letter with confirmation of receipt to the following address (SCRIBO Scrittura Bolognese Srl, Via Frassinago 18/2, 40123 – Bologna, Italia) or by e-mail at the following address: info@scritturabolognese.com.
The notice of withdrawal must specify the intention to withdraw from the purchase and the product or products for which the right of withdrawal is exercised, attaching a copy of the relative invoice.
11.2 The Customer who exercises this right of withdrawal shall be entitled to a refund of the full price paid including shipping costs (if charged). The Seller will refund the Customer within 14 days of receipt of the notice of withdrawal after evaluating the integrity of returned products. The Seller will retain the refund until he receives the products or until the Costumer does not give evidence to have returned the products.
11.3 The Customer must return the goods to the Seller within 14 days from the date of withdrawal, by sending the products to the following addresses: SCRIBO Scrittura Bolognese Srl, Via Frassinago 18/2, 40123 – Bologna, Italy.
11.4 The right of withdrawal, however, is subject to the following conditions:
– the right applies to the entire product purchased;
– the right does NOT apply for products customized on Customer’s request, being considered a customization also any engravings on the product or on the accessories that are part of the packaging
– the product purchased must be returned unthouced, in the original package and complete in all parts (including packaging and accessory documentation);
– shipping costs for returning the product are charged to the Customer;
– shipment is made at the full responsibility of the Customer.
12. Personal data processing
The Customer’s personal data are processed by the Seller, as Data Controller, in compliance with the Regulation (EU) 2016/679 (General Data Protection Regulation). For further information, please, see our Privacy Policy.
13. Communications
All the communications must be addressed to the Seller at the following address:
SCRIBO Scrittura Bolognese Srl
Via Frassinago 18/2
40123 Bologna
Italy
Email: info@scritturabolognese.com
Legal mail (only for Italian Customers):scribo@legalmail.it
14. Applicable law and place of jurisdiction
These General Terms and Conditions of sales, their interpretation, execution and termination are governed by the Italian law and construed pursuant thereto. Any disputes relating to and/or arising from them shall be exclusively and mandatorely settled by the the Courts of Bologna (Italy), without prejudices to the rights of the Customer who can be deemed consumer, that is entiled to sue the Seller alternatively before the Courts of his place of domicile/residence or before the Courts of Bologna (Italy).
If the Customer, on the other hand, is a natural or legal person who is acting for purposes related to his trade, business or profession, by mutual agreement the Parties agree to the exclusive and mandatory competence of the Courts of Bologna.
15. Alternative Dispute Resolution (ADR)
The consumer resident in the European Union has the right to complain before an entity for alternative dispute resolution. For a list of the ADR organizations in your country, please refer to the European platform for alternative dispute resolution (ODR) at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights.
CANCELLATION FORM
(By registered letter with confirmation of receipt)
SCRIBO Scrittura Bolognese Srl,
Via Frassinago 18/2,
40123 Bologna
Italy (IT)
(or via e-mail)
info@scritturabolognese.com
SUBJECT: NOTICE OF WITHDRAWAL
The undersigned Mr./Ms. ____________________ (name and surname),
resident in _______________________________________ (address), hereby pursuant to Art. 11 of the General Terms and Conditions, hereby notifies the Seller his/her withdrawal from the purchase order of the following products
(please make reference to the confirmation order notice)__________________,
Ordered on __/__/____ and received on __/__/____
(please fill the gaps with the correct date)
Date ___________________
Signature ____________________________
(only if this form is notified on paper)