Terms and conditions
I. SUBJECT
These general terms and conditions of sale govern the sale of products marketed by ABC s.n.c. di Brianza Andrea & Brianza Laura (hereinafter “ABC”), with registered office in Locate Varesino, Via Mazzini 23, Tax Code and VAT Number 00609990122, R.E.A. 134881 Varese, via the website www.abcbrianza.it to consumer users and to users acting for purposes related to their business activity.
These general conditions take effect from the date of their acceptance by the customer on the site, which constitutes acceptance for all legal purposes pursuant to Art. 1341 of the Civil Code.
The company reserves the right to modify these general terms and conditions of sale at any time by posting them on the site.
Any contractual or non-contractual liability on the part of the company for direct or indirect damages to persons and/or property caused by the non-acceptance, even partial, of an order is excluded.
II. PURCHASE METHODS
Products are purchased by accessing the site and registering. A description containing the main characteristics of each product is available on the site. All information supporting the purchase is to be understood as simple general information material.
It is understood that the image accompanying the product description may not be perfectly representative of its characteristics, but may differ in color, size, or accessory products shown in the image.
The correct receipt of the order is confirmed by ABC through an automatic e-mail reply, sent to the e-mail address provided by the customer at the time of registration. This confirmation message will contain an "order number" to be used in any communication with the company. The message will contain all the data entered by the customer, who undertakes to verify its correctness and to communicate any corrections promptly.
In the case of payment by bank transfer, the customer will receive the bank details by e-mail to correctly make the payment.
In case of non-acceptance of the order, ABC guarantees timely communication to the customer.
III. PAYMENT METHODS
All prices on the site are to be understood as retail prices and, therefore, include VAT.
Prices may vary without notice, and the only correct price is the one indicated at the time of order confirmation.
For certain products subject to price promotions, ABC reserves the right to accept orders by reducing the quantity, subject to communication and acceptance by the customer, failing which the order shall be considered canceled.
In cases of purchase of goods with "credit card" payment, simultaneously with the conclusion of the online transaction, the relevant bank will authorize only the commitment of the amount related to the purchase made. The amount related to the goods shipped, even partially, will actually be charged to the customer's credit card only at the time of delivery of the ordered material to the courier.
In cases of purchase of goods with "bank transfer" payment, you may make the payment only after receiving the e-mail containing the bank details from ABC. The reason for the bank transfer must include the order number that will be communicated to you via e-mail. The bank transfer will be considered valid if made within 5 working days from receipt of the second e-mail. Within 2/5 working days of execution, ABC will verify the payment and ship the goods, barring unforeseen events for which timely telephone and/or e-mail communication will be provided.
ABC reserves the right to cancel the order in case of non-receipt of the bank transfer. In the event that the amount of the transfer does not correspond to the amount of the order, ABC will contact you to agree on the procedures to proceed with processing the order.
Customers are advised to keep a copy of the bank transfer receipt as certification of payment.
For further information or to receive support, you can contact the ABC Customer Support team at phone number 0331 821350 during the indicated hours.
The goods are shipped only after receipt of payment.
In the event of order cancellation, either by the customer or in the case of non-acceptance by ABC, the order will be canceled and the committed amount will be released (release times depend exclusively on the banking system). Once the transaction is canceled, ABC cannot be held responsible for any damages resulting from the release of the committed amount by the banking system.
ABC reserves the right to request additional documents from the customer proving ownership of the credit card. In the absence of the requested documentation, ABC reserves the right not to accept the order.
The security of transactions is guaranteed by a data encryption system (SSL) and by direct, protected, and certified connections.
In case of payment by Advance Bank Transfer, the items ordered by the customer will be held until the payment is received in the bank account, and in any case no later than 7 days from the order.
In case of payment via Paypal, the goods will be shipped within 2/3 working days.
IV. DELIVERY METHODS
ABC accepts orders for delivery worldwide.
For every order placed, ABC issues a sales document for the shipped material: a sales receipt for end users residing in Italy or the European Community, and an accompanying invoice for VAT-registered subjects residing in the same areas and for end users residing outside the European Community. The information provided by the customer at the time of the order is binding for the issuance of the invoice.
Delivery costs are borne by the customer and are indicated when placing the order.
No liability can be attributed to ABC in case of delay in processing the order or in delivering what was ordered. Upon delivery, the customer is required to check:
- that the packaging is intact, neither damaged, nor wet, nor otherwise altered;
- that the number of packages corresponds to what is indicated in the transport document.
Any damage to the product or packaging or a mismatch in the indications must be immediately contested to the courier by placing a WRITTEN CONTROL RESERVATION on the courier's proof of delivery. Once the courier's document is signed, the customer cannot make any objection regarding the external characteristics of what was delivered.
In the case of failure to collect within 5 working days the material held in storage at the courier's warehouses due to repeated inability to deliver to the address indicated by the customer at the time of the order, the order will be canceled.
WARRANTY
All products sold by ABC are covered by the manufacturer's standard warranty and the 24-month warranty for defects of conformity, pursuant to Legislative Decree 24/02, which protects purchases made by end customers for non-professional purposes via a sales receipt. To benefit from the warranty, the customer must keep the invoice or sales document sent with the product itself.
The 24-month warranty applies to products that present a defect of conformity, provided that the product has been used correctly, in compliance with its intended use and the provisions of the attached technical documentation. This warranty is reserved for the consumer. In the event of a defect of conformity, ABC will restore the conformity of the product without cost to the customer through repair/replacement or, if necessary, termination of the contract. In the event that it is unable to return a product under warranty to its customer, ABC may, at its discretion, proceed with a refund of the amount paid or replacement with a product of equal or superior characteristics.
In the case of returning a product under warranty, the item must be returned by the customer in its original packaging, complete in all its parts (including packaging and any accessory documentation): the application of labels or adhesive tapes directly on the original packaging of the product should be avoided. The product must be protected with wrapping paper and packaging suitable for transport.
RIGHT OF WITHDRAWAL
Pursuant to and within the limits of Art. 64 of Legislative Decree no. 206 of September 6, 2005, the customer has the right, within 10 working days of receipt of the purchased products, to exercise the Right of Withdrawal, which consists of the right to return the received products and obtain a refund of the price paid.
This right applies to all products contained on the ABC site.
Also pursuant to the aforementioned Legislative Decree 206/2005, it is specified that the Right of Withdrawal is exclusively reserved for consumer customers, i.e., only for natural persons who purchase products for their own use and act for purposes not related to professional activity, or who do not make the purchase by indicating a VAT number during the order phase.
To exercise the Right of Withdrawal, the Customer must contact the ABC Customer Support Team at phone number 0331 821350 or by e-mail at info@abcbrianza.it
The customer must promptly ship the goods to the address communicated by ABC. Transport costs and responsibility for the goods during shipment, as provided by law, are borne by the customer. It is therefore recommended to insure the products with the chosen courier, taking care to pack the goods carefully, where possible by placing them in an external box, avoiding damaging the original packaging with adhesive tapes, labels, etc. The product must be returned intact in its original packaging complete with all its parts. In case of transport damage occurred during the return, ABC will communicate this to the customer within five working days of receipt of the goods, allowing him to file a complaint against the courier used for transport. The damaged goods will be made available for return and the withdrawal request will be simultaneously canceled.
Without prejudice to any restoration costs for verified damage, ABC will refund the entire amount of the item within 30 days, and in any case not before receipt of the purchased goods, via a reversal procedure on the credit card or by bank transfer to the current account indicated by the customer. The right of withdrawal is totally forfeited in the event that the products are returned damaged (for causes other than transport) or incomplete, i.e., missing parts, accessories, and components.
Notes: Regarding purchases with collection at ABC, the Right of Withdrawal is not applicable as this is not a distance sale.
APPLICABLE LAW
The sales contract between the customer and ABC is understood to be concluded in Italy and regulated by Italian Law. For matters not otherwise established, Italian law on the subject applies.
For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the customer is a consumer, i.e., a natural person who purchases goods for purposes not related to their professional activity, or who does not make the purchase by indicating a VAT reference in the order, the territorial jurisdiction is that of the Court of their municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Udine, the registered office of the company ABC s.n.c..