| INFORMATION - CONDITIONS OF SALE
|All commercial relations on the www.agati.it website are governed by the following conditions of sale. Agati SRL reserves the unquestionable right to modify these conditions of sale at any time, therefore customers are required to read the conditions of sale with each purchase.
| Article 1 - Object
Agati.it These General Conditions concern the purchase of products, carried out remotely via computer network on the website www.agati.it belonging to Agati SRL , hereinafter referred to as agati.it , with registered office in Viale Giostra 20 – 98121 - Messina.
In accordance with the provisions of national and EU laws currently in force, the economic relationship between the Supplier and the customer is governed by consumer protection legislation only if the Customer purchases for personal purposes unrelated to his work. Therefore, the consumer protection regulations do not apply to the relationships between suppliers and the Customer who purchases for purposes related to their work by providing their VAT number, including Legislative Decree 185 of 1999 (distance concluded contracts), Legislative Decree gs 50 of 1992 (right of withdrawal) and articles 1469 bis and following of the civil code.
| Article 2 - Acceptance of the general conditions of sale
The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his relations with Agati SRL , the general and payment conditions transcribed below, declaring that he has read and accepted all the information provided to him in accordance with the aforementioned rules, also acknowledging that the Agati SRL company does not consider itself bound to different conditions unless previously agreed in writing.
| Article 3 - Customer commitments
- These General Conditions of Sale must be examined online by Customers visiting the site agati.it before they confirm their purchases. The forwarding of the order confirmation therefore implies full knowledge of the General Conditions of Sale and their full acceptance.
- The customer is required to register his personal data in the "new registration" area of the site in case of purchase. The Customer guarantees, assuming all consequent liability, and holding the Supplier harmless from any prejudicial consequence, that their data, provided upon acceptance of these conditions of sale, are true and allow for the identification of the true identity of the Customer with whom also undertakes to immediately inform in writing, also by email, of any change in the data provided. At the time of registration, the Customer will indicate a userid and a password, the joint use of which will identify the customer and allow him to make online purchases on the site. The Customer is therefore informed of the fact that the purchase orders issued through the joint use of userid and password are valid and binding and that the availability of both by third parties would allow the latter to issue regular orders binding the Customer, identified with userid and password, to accept receipt of the goods ordered and to pay the amount due.
The Customer is informed of the need to communicate a valid email address to the Supplier in order to allow the Supplier to forward order confirmations and any communication.
| Article 4 - Method of purchase
- agati.it is a telematic site for the sale of electrical material in general.
- The purchases of the products, available as illustrated and described online in the relative descriptive and technical sheets, are made by the Customer at the price indicated therein, to be confirmed at the time of forwarding the order confirmation, increased by transport costs as follows specified in the following art. 6, and where foreseen also the collection costs, and in any case displayed at the time of purchase.
- Before confirming the purchase, the customer will be given a summary of the unit cost of each selected product, the total cost in case of purchase of several products, the transport costs.
- By confirming the order, upon completion of the transaction, the Customer will receive an e-mail message containing the Number, Date and Total Amount of his Order.
- By confirming the order, the Customer declares to have accepted these conditions of sale.
- Upon receipt of payment (in case you have chosen the bank transfer method) the product will be sent to you.
- The order can be canceled within 24 hours of receiving the order confirmation by e-mail (firstname.lastname@example.org), unless the goods have already been delivered to the carrier
- The receipt of the order in its information system does not bind the Supplier until the same has sent a specific written confirmation by email to the address indicated by the Customer during the initial registration.
- The invoice request must be made when ordering in the appropriate notes field on the shipping data definition page, upon completion of the order. It will not be possible to issue an invoice at a later time unless expressly and promptly requested at the time of the order.
The Agati.it site sells its products only within the Italian territory. In case of purchases and shipments abroad, the customer is required to contact the administration at email@example.com before purchasing.
| Article 5 – Prices and Payments
| Unless otherwise indicated, all prices are expressed in Euros and are inclusive of VAT. Since the rates of Agati SRL 's suppliers are constantly evolving, the prices indicated on the site are subject to change at any time and without notice. They are also subject to change due to causes relating to the launch of a product or promotions. The validity of the indicated prices is always and only indicated in the procedure (cart, order) at the very moment of forwarding the order to the Supplier. The prices of some or all of the products may in fact vary even several times on the same day without the need for any notice.
All prices are given subject to typing errors.
The payment of the purchased products and the relative shipping costs must be made by the customer following one of the following payment systems available.
Payment by BANK TRANSFER is subject to the following conditions:
- The bank transfer must be received within 5 working days of receipt of the confirmation email.
- the description to be reported on the bank transfer must indicate: the number and date of the order, the name and surname of the originator. The latter must be a registered customer.
- The bank transfer must be addressed to:
Agati SRL – Viale Giostra 20 – 98121 Messina
UNICREDIT - Abi: 02008 Cab: 16522 C/C: 000300 783807 Cin B
IBAN: IT 54B0200816522000300783807
Payment circuits included in the SHOPIFY PAYMENTS system
To shorten waiting times, it is advisable to send a copy of the payment made via email to firstname.lastname@example.org. The Agati company reserves the right not to proceed with the shipment of the goods, even after having accepted the order, to those Customers who have not paid the full amount of the same, are found to be "out of credit", or with "unpaid" or in "litigation".
| Article 6 - Availability and Delivery of products
Depending on the products, Agati.it works on the basis of a variable stock availability in the warehouse in a continuous flow with suppliers or by specific order. In fact, the goods are available within the limits of the stock in the warehouse or subject to the availability of suppliers' stock. In case of unavailability of the ordered product, the customer is informed and is given the possibility to modify or cancel his order, or the possibility of partial evasion of the order itself.
The purchased products will be delivered by agati.it
to the address indicated by the Customer, unless he wishes to personally collect them from the Agati SRL
Product deliveries will take place on all working days.
Agati SRL undertakes to respect the availability estimates indicated in the product sheet, barring unforeseen events related to production and order fulfillment by suppliers. Agati.it undertakes to inform the customer with the utmost transparency.
Transportation is the responsibility of the buyer and the Agati company cannot be held responsible for any damages deriving from possible delays during transportation. The goods travel free port with costs and risks fully borne by the Customer. For shipping with insurance, contact our staff at the email address email@example.com.
The contribution for transport, to be added to the price of the products purchased, will be calculated automatically by the system.
Shipping will have a standard cost of €10 for amounts of less than €250.
For amounts equal to or greater than € 250, delivery will be considered free.
The Customer is required to verify upon receipt, the conformity of the product delivered to him in relation to the order placed, according to the following:
- that the number of packages (number of packages) indicated on the carrier's letter corresponds to the number of packages actually delivered;
- that the package is intact, not damaged or wet and in any case compliant with the standard characteristics (described above).
Only after this verification will the Customer have to sign the delivery note, after which he will not be able to make any objection regarding the external characteristics of what was delivered to him in relation to the order placed. If, on the other hand, there is no correspondence between the order and the delivery, according to the methods mentioned above, the customer will not have to accept the goods and raise the dispute directly with the carrier.
The Agati.it site sells its products only within the Italian territory. In case of purchases and shipments abroad, the customer is required to contact the administration at firstname.lastname@example.org before purchasing.
| Article 7 - Guarantees
- All products sold by agati.it are covered by the manufacturer's standard warranty and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree No. 24/02 . To use the warranty, the Customer must keep the receipt he receives inside the package or the invoice (or DDT). By accepting the purchase contract, the customer declares to have taken note of the Assistance methods in force at the time of resorting to Warranty Assistance, which he accepts. The manufacturer's standard warranty is provided in the manner described in the documentation inside the product packaging.
- The 24-month warranty pursuant to Legislative Decree No. 24/02 applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and with the provisions of the attached technical documentation. This guarantee is reserved for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or who makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, it will restore the conformity of the product by means of repair/replacement or a reduction in the price, up until the termination of the contract. The customer must send the goods to the operational headquarters in Viale Giostra 20 - 98121 - Messina. In the event that, for any reason, Agati Antonino is unable to return a product under warranty to its customer (restored or replaced), Agati Antonino may proceed at its discretion to refund the entire amount paid or to replace it with a product with characteristics equal or higher. If, following intervention by an Authorized Assistance Center, the defect does not result in a lack of conformity pursuant to Legislative Decree No. 24/02 , the Customer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transport costs if incurred by agati.it .
In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc ...), to limit damage to the original packaging, we recommend, when possible, to place it in a second box; the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.
| Article 8 - Right of Withdrawal
- Pursuant to and within the limits of Legislative Decree 22 May 1999, n. 185, the Customer has the right, within 14 working days from receipt of the requested goods, to exercise the right of withdrawal.
- This right applies to all products contained on the agati.it site, with the exception of items made to measure (cables, etc.) and delivered sealed and subsequently opened by the Customer.
- Also pursuant to the aforementioned Legislative Decree No. 185/99, it is specified that the right of withdrawal is exclusively reserved for customers who can be defined as "consumers" and that is, only for natural persons who purchase the products for their own use and act for purposes not related to the business possibly carried out, with the exclusion therefore of traders, resellers, professionals, etc.
| Article 9 - Methods for exercising the Right of Withdrawal
- In this regard, the Legislative Decree 185/99 provides that the communication must be sent, by registered mail or certified mail to the address email@example.com, within 14 days. working days from the receipt of the goods. This communication may also be sent in advance by email (firstname.lastname@example.org), provided that it is confirmed by registered mail within 48 hours.
- Methods and times necessary for returning the product following the exercise of the right of withdrawal, as well as the address for the return. In this regard, the Legislative Decree 185/99 provides that the return must take place within a period of not less than 14 days. working days from the receipt of the goods.
- Methods and times for the reimbursement of the sums paid following the exercise of the right of withdrawal. In this regard, we inform you that the aforementioned law states that the reimbursement of the sums paid will take place in the shortest possible time and in any case within 30 days of receipt of the notice of withdrawal. Furthermore, the combined provisions of art. 5, 1st 6th and 7th paragraph, provides that the consumer has the right of withdrawal without any penalty, specifying that the only expenses to be paid by him are those relating to the return of the product and those of the first shipment incurred by the supplier.
- The address to exercise the right of withdrawal and for the shipment of the material is:
Viale Giostra 20
98121 – MESSINA - ME
The notice of withdrawal must contain:
In the absence of the requirements referred to in points 1,2, 3 and 4 above, the Supplier will not be able to recognize the customer's right of withdrawal.
- the order number for which the withdrawal is being exercised;
- the express will of the Customer to withdraw from the purchase contract;
- the description and the codes of the articles for which the right of withdrawal is exercised; copy of the purchase document relating to the order subject to withdrawal;
- customer's bank details.
- It is important that the product is sent in its original packaging, in order to protect it from any damage, and complete with all accessories, instruction manuals and everything originally contained, send the product, intact, together with the return document. This is an essential condition for exercising the right of withdrawal.
- The costs of the first shipment incurred by the supplier and of the return shipment of the goods and the related risks are the sole responsibility of the Customer. For shipping, therefore, it is advisable to insure the shipment against theft and transport damage, taking charge of the relative costs and transport costs.
- agati.it will consequently reject any product returned unpacked or in any case with methods other than those specified above, as well as products for which the return costs have not already been paid in full by the Customer; or the methods and times provided for by the Law (art. 5 Legislative Decree 185/99) for the communication of the exercise of the withdrawal have not been respected; or in the event that the product has not been packed in its original packaging, or is not complete with all accessories, instruction manuals and everything originally contained.
- The costs for returning the goods are borne by the seller in the event of an unsolicited supply, of a different supply than the one agreed.
Article 10 - Privacy
- Security & Privacy Information on the processing of personal data In order to access and browse the www.agati.it website, no registration is required, in fact all the product data sheets are freely available, as is the possibility of adding products to the cart to check proof of a purchase and check how much shipping costs are. Instead, it is necessary to register your data when you decide to proceed with the purchase. In this case you will be asked to leave the information strictly necessary for the purchase and delivery of the product. By registering on the site, the Customer expressly consents, pursuant to Legislative Decree No. 196/2003 to the collection, use, communication, and/or dissemination and any processing of their personal data, as provided in the compilation of all online forms necessary to complete your purchases, for the purposes strictly necessary, connected and instrumental to the management of contractual relationships and purposes connected to the obligations established by the laws in force. Legislative Decree No. 196 of 30 June 2003 guarantees that the processing of personal data is carried out in compliance with the rights, fundamental freedoms, as well as the dignity of natural persons, with particular reference to confidentiality and personal identity. We inform you that the processing of personal data takes place on www.agati.it using a specific IT method, with the aim of proceeding with the execution of the contract. Where necessary, the data is transmitted to the shipping companies in charge as well as to the other companies involved in the various phases of the sales process. This conferment is indispensable to www.agati.it for the execution of the sales contract. We also inform you that such data will not be used for the purpose of providing information on initiatives, events, promotions and product launches unless expressly requested. The law establishes that the Customer has the right to oppose, for legitimate reasons, the processing and can, according to the methods and within the limits established by the legislation, request confirmation of the existence of personal data concerning him, and to know its origin, receive intelligible communication, the methods and purposes of the processing, request its updating, rectification, integration, request cancellation, transformation into anonymous form or blocking, as well as, more generally, exercise all the rights that are recognized by the provisions of the law in force. The data controller is: Antonino Agati
Article 11 - Information and complaints
- For any clarification or complaint , agati.it can be contacted by calling 09040917, by fax at 090362356 or by email at email@example.com. We will take care of replacement requests in case of damage to the items or parts of them only within 7 days from the delivery date.
| Article 12 - Jurisdiction and Competent Court
- This contract will be governed by Italian law. For any dispute relating to the validity, interpretation or execution of the same contract, the territorial jurisdiction is exclusively of the Messina forum.
Article 13 - Limitations of liability
- Any information relating to the products sold by the supplier is based exclusively on data published and disclosed by the respective manufacturers, therefore the Supplier itself is not responsible for the correspondence of the goods sold to the specifications published on the site as in any other publication (magazines, websites, advertising billboards). The Supplier also declines all responsibility for malfunctions, service interruptions, degradation of performance whether or not these are due to force majeure or unforeseeable circumstances, when it is not directly attributable to the Supplier due to its willful misconduct or gross negligence.
| Article 14 - Communications
- The customer accepts that the notification and communications concerning all online services (including those relating to purchase orders) are made by agati.it in electronic format email (email) and via Web service, he acknowledges their full validity and renounces hereby expressly disavow the content of the declarations sent and/or received in electronic format.
| Article 15 - Validity
- The conditions contained in this document may be modified without notice and will be valid from the date of publication on the website www.agati.it.
- Pursuant to and for the purposes of articles. 1341 and 1342 of the CC, the parties declare that they have read and specifically approve the content of the following articles Art. 2 Acceptance of the general conditions of sale, Art. 4 Purchase and invoicing methods, Art. 5 Prices and payment methods, Art. 6 Availability and delivery of products, Art. 7 Guarantees, Art. 8 Right of withdrawal, Art. 9 Methods for exercising the right of withdrawal - Art. 10 privacy - Art. 12 Jurisdiction and competent court - Art. 13 Limitations of the responsibility - Article 14 Communications