GENERAL CONDITIONS OF ONLINE SALES
These conditions are valid exclusively between the company RICABLE S.r.l., headquartered in Via Novara, 99/B - 28047 Oleggio (NO), REA NO-243560, VAT number 02555790035, hereinafter referred to as "RICABLE" and any person who makes online purchases on the website www.ricable.com hereinafter referred to as "CUSTOMER". These conditions may be subject to change and the date of their publication on the site shall be equivalent to the effective date.
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, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce.
ARTICLE 1 - OBJECT OF THE CONTRACT
By these 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 network, by means of the CUSTOMER accessing www.ricable.com and placing a purchase order in accordance with the procedure provided by the site itself.
The customer undertakes to read, before proceeding to the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by RICABLE and to accept them by placing a flag in the box indicated.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and store a copy of these general conditions of sale, as required by 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.
The CUSTOMER, prior to the conclusion of the purchase contract, takes a look at the characteristics of the goods, which are illustrated in the individual product sheets at the time of selection by the CUSTOMER.
Before validation of the order with "obligation to pay", the CUSTOMER is informed regarding:
- total price of goods including taxes, with details of shipping and any other costs;
- method of payment;
- The deadline by which RICABLE agrees to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as type of withdrawal form in Annex I, Part B of Legislative Decree 21/2014;
- existence of the legal warranty of conformity for the purchased goods; - conditions of after-sales service and commercial guarantees provided by RICABLE.
The CUSTOMER may at any time, and in any case before the conclusion of the contract, become acquainted with the information about RICABLE, the geographical address, telephone and fax number, e-mail address, information which is given, also 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 with the sending by RICABLE to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER's details and order number, the price of the goods purchased, the shipping charges and the delivery address to which the goods will be sent, and the link for the CUSTOMER to print and file a copy of these conditions.
CUSTOMER agrees to verify the accuracy of the personal information contained in the above email and promptly notify RICABLE of any corrections/changes to be made.
RICABLE strives to describe and present the items sold on the site in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the product depicted on the site and the actual product may become apparent. 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 agrees to deliver the goods within 30 days beginning with the sending by RICABLE itself of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
Product availability refers to actual availability at the time the CUSTOMER places the order. However, this availability should be considered purely indicative as:
- products could be sold to other CUSTOMERS before the confirmation of the order, due to the simultaneous presence on the site of several users;
- an IT anomaly could occur such that a product is available for purchase that in fact is not.
Even after the order confirmation e-mail sent by RICABLE, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the manner and timing of reimbursement of any sums paid.
ARTICLE 5 - Method of payment
Any payment by the CUSTOMER may be made only by means of the credit cards listed on www.ricable.com , by bank transfer or by Paypal payment method.
In case of payment by credit card, the actual charge of the order amount will occur only when the order is complete and ready for shipment.
In case of payment by Paypal, the actual charge will occur when RICABLE sends the order confirmation e-mail.
Communications about the payment and the data communicated by the CUSTOMER at the time it is made take place on special secure lines. Credit Card payment security is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of products shown on 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 RICABLE's right to change its prices at any time, however, the goods will be invoiced based on the prices shown on the site at the time the order is created and indicated in the confirmation e-mail sent by RICABLE to the CUSTOMER.
In the event of computer, manual, technical, or any other error that would result in a material change, not anticipated by RICABLE, in the retail 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 applicable legal provisions, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of 14 days from the date of receipt of the products.
RICABLE decides to extend said term from 14 to 30 days, it will therefore be possible for the CUSTOMER to withdraw from the purchase contract up to 30 days after the day of receipt of the products purchased online. In the case of multiple purchases made by the CUSTOMER in one order and delivered separately, the 30-day period shall run from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify RICABLE by means of an explicit declaration, which may be transmitted by email or by accessing the "My Orders" section of the "My RICABLE Account" space on the website www.ricable.com, with the creation of a computer file of Return.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, set out in Annex I, Part B , Legislative Decree 21/2014 (not mandatory), the text of which is reproduced below:
Model withdrawal form pursuant to Article 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/notify (*) of my/our (*) 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 consumer(s) (only if this form is submitted in paper version)
(*) Delete unused wording.
If the right of withdrawal is exercised, the CUSTOMER is required to 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 office, Via Novara, 99/B - 28047 Oleggio (NO).
The goods must be returned intact, in original packaging, complete in all its 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.
With regard to the return of the product subject to withdrawal, RICABLE ensures its customers the possibility of using a carrier that has an agreement with it. In the event that the customer decides to use this service, the shipping costs (except those inherent in the telephone reservation) will be borne by RICABLE (art. 56 co.1 dlgs 206/2005). On the other hand, in the event that the customer intends to use another carrier or another means of shipment, all costs of will be borne by him (art 56 co. 2 dlgs 206/2005).
It is also granted to the customer to return the product purchased online at our headquarters in Oleggio (NO). In this case, the creation of the online return file is not necessary and all costs inherent to the return will remain the responsibility of the customer (ex: gasoline, disassembly of the product etc). In addition, in case of return at the Oleggio (NO) location, the customer will not be able to 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 demonstrates that it has returned the goods to RICABLE.
RICABLE will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his or her right of withdrawal, he or she must provide RICABLE, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for RICABLE to make the refund.
*It is understood that in case of product defect, shipping costs will be borne by RICABLE in any case.
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of defective products or otherwise not in accordance with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repair or replacement of the product. The CUSTOMER may exercise this right if the defect becomes apparent within a period of two years from the delivery of the goods and reports the defect to RICABLE within two months of its discovery. In order to exercise the above right, the customer must proceed to the creation of a computer file of Return by accessing the section "My orders" of the space "My online account" on the website RICABLE.it. RICABLE , in the event of a defective or non-conforming product, will, at its own expense, arrange for the withdrawal of the product, subject to availability of the CUSTOMER.
ARTICLE 9 - Commercial Warranty
All products presented on www.ricable.com benefit, in addition to the legal warranty of conformity referred to in the previous article, from a commercial warranty whose duration is unlimited.
To take advantage of warranty service, CUSTOMER must keep the invoice, which he/she can print out by accessing "My Orders" section of the "My Online Account" space.
ARTICLE 10 - Mode of delivery
RICABLE will accept orders to be delivered in the territory of Italy, Europe and the rest of the world. The products will be delivered by express courier to the address indicated by the CUSTOMER when placing the order 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 www.ricable.com, RICABLE issues a sales document for the goods shipped. This document is contained in the shipment, however, if needed, you can request a copy by sending an email to firstname.lastname@example.org referring to the order number.
If the CUSTOMER requires an invoice, it will be necessary to indicate in the appropriate fields during the creation of the order the following Data:
- VAT-registered customer
- SDI Code
- PEC email address
- Private Client
- Tax Code
ARTICLE 12 - Responsibility
RICABLE assumes no liability for inefficiencies attributable to force majeure or unforeseeable circumstances, even where dependent on malfunctions and failures of the Internet network, in the event that it fails 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 browsing and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether aural 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 related to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc..) and allow RICABLE to offer a personalized service to its customers.
RICABLE informs the Customer of the possibility to disable the creation of such 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
These General Terms and Conditions of Sale shall consist of the entirety of their component clauses. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid pursuant to law, regulation, or following a decision by a court having jurisdiction, the other provisions shall continue in full force and effect.
ARTICLE 16 - Applicable Law and Jurisdiction.
These Terms and Conditions are subject to Italian law.
Any dispute that is not amicably settled 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, you may optionally have recourse to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.
Terms and conditions of sale updated January 2, 2019