Terms and conditions

General conditions of sale for the use of the website www.uniters.com/it/en/

These general conditions of sale govern the sale of products through the website www.uniters.com/it/en/ managed by:

Uniters S.p.A.

Via E. De Nicola, 1- 36075 Montecchio Maggiore (VI) Italy

Telephone: +39 444 499099

Fax: +39 444 499106

E-mail: info@uniters.com

VAT number and tax code IT 02263640241 - R.E.A. VI 218696

Share Capital Euro 1,550,000 of which paid Euro 1,300,000

and constitute an integral and essential part of the purchase contract for any Product.

1. Scope of the General terms and conditions

These general conditions apply to all sales made through the site www.uniters.com. They may undergo changes, which will come into force from the moment of publication on the site in the appropriate section. Users are therefore invited to regularly access the site and consult, before making the purchase, the most updated version of the GCS.

To place an order on this site you must be of legal age.

The provisions that refer to "Consumers" only apply to individuals who are natural persons and who place an Order for purposes unrelated to any business, commercial, artisanal or professional activity that may be carried out.

Uniters SpA guarantees that Consumers will benefit from all the protections provided by law, in particular, for the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree September 6, 2005, n. 206 ("Consumer Code"), as amended by Legislative Decree 21.02.14 n. 21, in implementation of Directive 2011/83 / EU, as well as all the other protections provided, in favor of Consumers, by the Consumer Code itself and by any other applicable law.
For any clarification or information regarding the content of the general conditions of sale, or for complaints and disputes, Uniters SpA customer service is available by sending an e-mail to: info@uniters.com

 

2. Information directed to the conclusion of the contract

To proceed with the purchase of one or more Products via the Internet, the Customer will provide Uniters SpA, in compliance with the applicable provisions on the protection of personal data, all the data necessary to allow Uniters to execute the Orders submitted.

The Customer can select one or more Products of which he intends to make the purchase, inserting them in a virtual "cart", of which he can always view the content before proceeding to forward the Order.

By clicking on the "Proceed to purchase" button, the Customer will initiate the order forwarding procedure. In the formulation phase of the Order and until its actual forwarding, the Customer will, however, have the opportunity to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information.

By clicking on the "Complete the Order" button, the Customer will forward the Order to Uniters SpA

Uniters spa reserves the acceptance of the order thus forwarded and will send the user an e-mail of confirmation. Only the sending of this communication will determine the completion of the purchase contract.

The aforementioned confirmation communication will also contain pursuant to art. 13 of Legislative Decree 70/2003: a summary of the general and specific conditions applicable to the contract, information relating to the essential characteristics of the products purchased, the price and the means of payment, the delivery costs and any additional costs as well as the information on the conditions and methods of exercising the right of withdrawal.

 

3. Price and shipping costs

The prices of the Products published on the homepage or in the various sections of the website are inclusive of VAT.

The prices of the products shown on the Site are subject to change at any time and without notice, it being understood that the aforementioned changes will not affect the orders already completed for which they will continue to, limited to orders being accepted or already accepted by Uniters will apply the sales conditions in force at the time the customer sends the order, except for orders not accepted.

Shipping costs ( in the "standard" delivery method ) are the responsibility of the seller, unless otherwise indicated in the order process.

 

4. Shipping and delivery

The delivery of the products purchased on the site is carried out only within the European territories.

For deliveries, Uniters S.p.A. will make use of carriers selected by the same. Home delivery refers to the street level and will be carried out, unless otherwise indicated, from Monday to Friday during normal office hours (from 9 to 18), excluding holidays.

Delivery times are on average 1 to 2 working days from the order validation date and are given as an indication only. Therefore, if said deadline is exceeded, in no case can compensation or withholding be claimed. In any case, in compliance with the law, delivery will be made.

It is up to the user to verify the products that have been delivered to them (number of packages and correspondence and completeness of the contents with respect to the list of items by quantity and type) and that the packaging is intact, not damaged, wet or altered also in the materials of closure (adhesive tape or metal straps). In case of delivery of a packaging and / or damaged or non-compliant products, the customer is invited in his interest to indicate any anomalies on the carrier's transport document, accepting the "WITH RESERVE" package (with appropriate indication in this sense in the courier delivery receipt) or by refusing delivery, in any case notifying the communication and Uniters as soon as possible and in any case not later than two days.

In particular, if an error occurs in the shipment by Uniters S.p.A. and an item other than the one ordered is delivered, the customer is invited not to open the package and to contact Uniters who will take care to collect the product or otherwise provide the indications. necessary for the return of the same and to send the correct one, without being charged for additional shipping costs.

In the event of unreserved receipt of the products, the Customer will not be able to oppose any dispute concerning anomalies, external damages, non-compliance with the order and any other circumstance whose verification was requested in the preceding point.

Uniters S.p.A. undertakes in any case, towards consumers, to carry out the delivery of the items purchased at the latest within thirty days from the date of conclusion of the contract, unless justified delay (also by the fact of the carrier - e.g. loss of products, bad weather, strike) In the event that the purchased items are not delivered or are delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Uniters SpA to make the delivery within an additional term appropriate to the circumstances (Additional Term pursuant to art. 61, III paragraph, Consumer Code). If this additional term expires without the Products having been delivered to him, the user is entitled to terminate the contract (Termination of the Contract pursuant to art.61, paragraph III, Consumer Code), except for the right to be refunded of the price already paid . The user is not burdened with the burden of granting Uniters SpA the Additional Term pursuant to art. 61, III paragraph, Consumer Code (Excluded Cases) if:

1. a) Uniters SpA has expressly refused to deliver the products;
2. b) if the consumer informed Uniters SpA, before the conclusion of the contract, that delivery by or on a specific date is essential.

In Excluded Cases, the user, if he does not receive the products within the delivery time indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, except for the right to a refund of the price already paid (Resolution of the Contract in Excluded Cases).

The indication of the Additional Term pursuant to art. 61, III, Consumer Code and the notice of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases must be promptly sent by the user to Uniters SpA at the addresses indicated above.

In the case of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination Code in Excluded Cases, Uniters SpA will refund the user the total amount due without undue delay. The refund will be made, unless otherwise indicated by the user, with the same means of payment used for the initial transaction.

In order to facilitate the exercise of the remedies and / or the granting of the aforementioned delay, Uniters SpA will promptly notify the user by e-mail of the delay in delivery, if exceeding 30 days of the law, (" E- Delay Notice Mail "), simultaneously indicating the new delivery term, if available.

Product availability is constantly monitored and updated on the website. However, due to the simultaneous access of multiple users, products that are temporarily out of stock or unavailable for sale may therefore be available for sale online, which therefore require restocking. If, for the reasons indicated above, the products are not actually available following the order, Uniters SpA will promptly notify the user by e-mail, who will be entitled to the refund of any payment already made within 30 days from said notice. . Alternatively, the customer may accept Uniters S.p.A.'s proposal to wait for the restocking, and therefore consent to the delivery of the products found in the new extended term indicated by the seller.

 

5. Payment

During the forwarding of the Order, various payment methods may be proposed by Uniters SpA, such as, for example, payment by credit card, payment by means of a protected "Paypal" system and payment by bank transfer. The Customer must indicate the payment method, among those proposed by Uniters S.p.A., which they intends to use.

 

6. Right of withdrawal

If the customer is a consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations, according to the methods and conditions illustrated below.

To exercise this right, the Consumer may send notice to that effect, within 14 working days from the date of receipt of the Products, or from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself, acquires physical possession of the goods. :

1. using the withdrawal form made available on the uniters.com, website, which can be completed electronically; in this case the seller will confirm by e-mail the receipt of the withdrawal notice; or
2. by sending a specific registered letter with return receipt to the addresses: uniters@legalmail.it where you explicitly declare your will to withdraw from the contract indicating the order number and the product (s) for which you wish to exercise this right .

Uniters S.p.A.

Via E. De Nicola, 1 36075 Montecchio Maggiore (VI) Italy

Telephone: +39 444 499099

Fax: +39 444 499106

E-mail: info@uniters.com, PEC address: uniters@legalmail.it

The right of withdrawal is however subject to the following conditions.

The Consumer, who has exercised the right of withdrawal, will be required to return the products to Uniters SpA at the address indicated above, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 14 days of calendar from the date of the withdrawal notice. For the purposes of the expiry of the term, the products are considered returned when they are delivered to the accepting post office or to the carrier. Any risk associated with the return is the responsibility of the user and the return is still subject to his full responsibility. .

The Products must be returned intact and perfectly suitable for the use for which they are intended and for resale, free from damage, tampering, signs of wear or dirt, properly packed in their original packaging,), accompanied by all the accessories, the explanatory sheets , disposable labels and seals, if any, of the documentation all delivered by the seller and provided with the transport document (present in the original packaging), so as to allow Uniters SpA to correctly identify the order and the consumer (indication of: Order number, name, surname and address). The consumer will not be held responsible for the handling of the product strictly necessary to establish the nature, characteristics and functioning of the product. However, he cannot exercise the right of withdrawal in case of opening after delivery of sealed goods, which therefore do not lend themselves to restitution for reasons of hygiene and / or connected to the protection of the chemical integrity of the product.

If the Consumer withdraws from this contract, Uniters SpA will reimburse the payments made by the same in relation to the product for which the withdrawal was exercised within 14 days from the day on which the seller receives information of the aforementioned decision. Refunds will be made using the same payment method used for the initial transaction, unless otherwise indicated by the Consumer. Pursuant to art. 56 co. 3 of Legislative Decree 206/2005 Uniters SpA may in any case withhold the refund until receipt of the returned goods

In the event that the withdrawal has not been exercised in accordance with what has been provided for so far and / or the return of the goods has not taken place according to the methods and times indicated above, the withdrawal will not take effect, will not lead to the termination of the contract and will not give the right to no refund. Uniters SpA will notify the consumer of the rejection of the request for withdrawal and any returned products will remain available to the user at the seller's premises for collection, which must take place at the expense and care of the user himself.

 

7. Legal guarantee of conformity.

For products marketed on the site www.uniters.com, the legal guarantee for defects of the thing sold provided for in articles 1490 et seq. cc

With regard to Consumers (users who purchase on the site for purposes unrelated to any business, commercial, artisanal or professional activity that may be carried out), the legal guarantee of conformity provided for in Articles 128-135 of Legislative Decree 205/2006 (Consumer Code). The seller is therefore responsible towards the Consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month following the delivery of the product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the Consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate that, for the purposes of this test, he keeps the order confirmation or the purchase invoice, or the DDT or any other document that can attest to the date of the purchase (for example the extract credit card account or bank statement) and the date of delivery.

A lack of conformity occurs when the purchased good: it is not suitable for the use for which goods of the same type are usually used; it does not comply with the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model; does not present the usual qualities and performances of an asset of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or in the labeling; it is not suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.

Any breakdowns or malfunctions caused by accidental events or by user responsibility or by a use of the product that does not comply with its intended use and / or as foreseen in the technical documentation attached to the product are therefore excluded from the scope of the consumer guarantee. .

In case of lack of conformity duly reported in the terms, the Consumer has the right:

- primarily, to the free repair or replacement of the goods, of his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other;

- in a secondary way (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction the price or termination of the contract, at your option.

The remedy requested is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies that can be tried, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be tried without significant inconvenience for the consumer.

In the event that a product purchased on the Site, during the period of validity of the Warranty, shows what could be a lack of conformity, the Consumer can contact Customer Service at the toll-free number 800 088 232. Uniters SpA will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.

 

8. Data protection

Uniters S.p.A. reserves the right to keep the data of each order as well as the contact details of the Customer for the sole purpose of using them for the correct execution of the Order (also through the transmission to the commercial partners involved in the management of the payment, in the execution of the Order and / or shipment of the item), of any complaints about the warranty of the item and / or of recommendations or instructions to the Customer relating to the item. The storage and processing of data will take place in accordance with the content of the information regarding the protection and use of personal data by Uniters SpA ("privacy policy").

Notwithstanding the foregoing, any use of the Customer's personal data will be subject to the provisions contained in the aforementioned privacy policy.

 

9. Jurisdiction and applicable law

The purchase contract concluded on the site www.uniters.com is governed by Italian law with the exclusion of the application of the Vienna Convention of 1980 on the international sale of movable property (CISG).

Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into online through the website www.uniters.com/it/en/ is subject to Italian jurisdiction.

The resolution of disputes arising from the conclusion of this distance selling contract, if the Customer is a Consumer, is subject to the territorial jurisdiction of the judge of the place of residence or domicile of the Consumer; in all other cases, the territorial jurisdiction is exclusively that of the Court of Vicenza.

It is also recalled that the European Commission provides consumers with a tool to resolve disputes amicably online (art. 14 par. 1 EU Regulation 524/2013) accessible on the website http://ec.europa.eu/odr.