General Terms of Use
These General Terms of Use (hereinafter, the “General Terms of Use”) regulate the User’s access to and use of the Website. By accessing and using the Website, the User confirms having examined and accepted the General Terms of Use. Merely connecting to the Website through any device, viewing the products sold through it, observing the relative information and the eventual information thereof, availing of the customer service and communications with Sendabox S.r.l. carried out through the Website itself imply that the Users shall respect the General Terms of Use, the General Terms of Sale, the Conditions regarding the right of withdrawal, the Privacy Policy and the Cookie Policy, without any limitations or conditions. If Users do not agree in whole or in part with these Terms, they will be required to leave the Website and refrain from any use of the same. The Website is managed and maintained by Sendabox S.r.l.
Changes to the Terms of Use
1. Sendabox S.r.l. may unilaterally modify or update the legal information relating to the General Terms of Use, the General Conditions of Sale, the Conditions regarding the right of withdrawal, the Privacy Policy and the Cookie Policy, in whole or in part. Sendabox S.r.l. thus recommends that its Users regularly visit this section. Modifications and updates to the General Terms of Use shall be communicated to Users on the homepage of the Website as soon as they are adopted and will be binding immediately upon being published under this section of the Website.
Responsibility in Using the Website
1. Access to and utilisation of the Website, including the display of web pages, communication with Sendabox S.r.l., the possibility of downloading product information and the purchase thereof on the Website, are all activities carried out by the User exclusively for personal use, unrelated to any commercial, entrepreneurial or professional activity.
2. Access to the Website and its use in any form constitute activities conducted by users, be they are simple visitors or buyers, activities for which the users themselves are solely responsible, hence Sendabox S.r.l. cannot be held liable in any way for Users’ utilisation of the Website and its contents that is not in compliance with the regulations in force, without prejudice to the responsibility of Sendabox S.r.l. for any acts of malice or gross negligence.
3. The utilisation of any material downloaded or otherwise obtained through the Website by the User is at the User’s discretion and risk, thus any liability for any damage to computer systems or loss of data resulting from downloading operations falls to the User and cannot be attributed to Sendabox S.r.l.
4. The User is responsible for the safekeeping and correct use of their personal information, including the credentials for access to reserved services, as well as any harmful consequences or prejudice that may arise at the expense of Sendabox S.r.l. or third parties as a result of incorrect utilisation, loss or theft of such information.
5. Sendabox S.r.l. provides the Website as is and under the rule of law as it is found, without any kind of express or implicit guarantee for the User.
6. Within the limits of the provisions of the applicable legislation in force, the User undertakes to indemnify and hold harmless Sendabox and its eventual assignors, against all charges and damages, including legal fees, which may be caused by accessing and/or utilising the Website in violation of the laws and regulations in force, of the legal notices contained in the Website and/or harmful to the rights of third parties.
7. Users, be they buyers or mere visitors, are solely responsible for the communication of data or information that is incorrect, incomplete, false or belonging to third parties who have not given consent to the transmission of such data by the Users.
8. Users are solely responsible for the safekeeping and correct utilisation of the information transmitted, with Sendabox S.r.l. being in no way liable for any form of damage or injury arising to Users or third parties from incorrect use, loss or theft in any way occurring with regards to such information.
9. Purchases of Amedei-branded products made through the Website imply the obligation for the purchaser to register on the Website and to provide complete and correct data to conclude the payment and shipping of the products purchased and for all tax obligations borne by Sendabox S.r.l.
10. Anyone intending to activate a link to the Website must give prior notice via the certified email address and obtain written consent via certified email or registered letter from Sendabox S.r.l. In the absence of such consent, any link to the Website will be prohibited and Sendabox S.r.l. shall undertake action via the competent legal channels to remove such.
11. Sendabox S.r.l. adopts all precautions in order to guarantee convenient, functional and pleasant use of the Website to its Users without implicitly or explicitly guaranteeing the continuity and completeness of the Website, nor the absence of any harmful element for the User’s devices, their data or privacy.
12. The products purchased on the Website are sold directly by Sendabox S.r.l. The General Terms of Sale will apply to all purchases made on the Website.
13. These Conditions apply regardless of the device used to visit and utilise the Website.
14. Communications intended for Sendabox S.r.l. relating to customer service must be sent by email to the address topclient@sendabox.it.
Intellectual Property Rights
1. The content of the Website, such as—by way of mere example—the works, images, photographs, dialogues, music, sounds and videos, documents, designs, images, logos and any other material published in any format on the Website, including menus, web pages, graphics, colours, layouts, tools, characters and design of the Website, diagrams, layouts, methods, processes, functions, the databases and software that form part of the Website (hereinafter referred to as the “Content”) are protected by copyright and by any other intellectual property right of Amedei and its assignors. It is forbidden to reproduce— in any form, in whole or in part—the Website and its Content, without Amedei’s express written consent. Amedei has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of the Website and its Content, in any way or form, in whole or in part.
2. With regard to the use of the Website, the user is only authorised to view the Website and its Content.
3. The User is not authorised to perform any reproduction—on any media, in whole or in part—of the Website and the Content. Any reproduction must be authorised on each occasion by the Operator or, if necessary, by the holders of the rights to the individual works contained within the Website. Such reproduction operations must in any case be carried out for lawful purposes and in compliance with the Copyright and other Intellectual Property Rights of the Operator and/or their licensors. At any time, the authors of individual works published on the Website shall have the right to claim authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves, including any damage caused to the works, whereby prejudicial to their honour or reputation.
4. The User undertakes to respect the copyright of those who publish their works on the Website or who in any way collaborate in the creation of any expressive or artistic form destined to be published, even if not exclusively on the Website or which in any case form an integral part thereof. Furthermore, the User is not authorised to use under any circumstances or in any manner or form, the Content of the Website or any single work protected by Copyright or by any other Intellectual Property Right.
Applicable Law and Dispute Resolution
The General Terms of Use are governed and integrated by the regulations of the Italian Republic. Should any conflict therewith arise, the clauses that continue to be valid under this judicial system remain in force. To determine the regulation to which the User belongs, the information communicated by the User shall prevail above all, and, alternatively, their IP address. In the event of disputes between users and Sendabox S.r.l. that are not resolved amicably or settled out-of-court, the so-termed attorney-assisted negotiation will be applied where possible, with the Court of Milan having exclusive jurisdiction.
Applicability of these General Terms of Sale
1. These General Terms of Sale herein govern the offer, transmission and acceptance of purchase orders for Products on the Website between the consumers thereof (hereinafter, the “Consumer”) and the Seller, being Sendabox S.r.l., and apply to all sales made on the Website. It is the responsibility of the Consumer to verify the Terms of Sale prior to placing orders and purchasing products and services from parties other than Sendabox S.r.l. The General Terms of Sale may be modified unilaterally and at any time, without notice from Sendabox S.r.l. The applicable Conditions are those in force at the time of completion of the Purchase Order.
2. Through the Website, the Seller offers Products for sale and carries out its e-commerce activity exclusively with its end users who are able to operate and who are ‘consumers’, being natural persons who operate for purposes not related to commercial, entrepreneurial or professional activities, eventually carried out. Sendabox S.r.l. thus reserves the right not to process orders from subjects other than Consumers or in any case, orders not in compliance with its Commercial Policy. For the Consumer, the purchase implies the declaration—even at the risk of legal penalties—of being an end consumer who will not obtain any commercial benefit from the sale.
3. It is necessary to read and approve these General Terms of Sale in order to be able to submit a Purchase Order. Failure to accept the General Terms of Sale shall make it impossible to make purchases on the Website.
4. The present Conditions apply to all jurisdictions globally, however should certain provisions contained therein conflict with the regulations of a particular judicial system, all regulations not in contrast therewith shall remain in force.
Conclusion of the Contract between Consumer and Seller
1. The language available for concluding the Contract with the Seller is Italian.
2. Each electronic transfer provided for the purchase of products is an integral and essential part of the Contract of Sale.
3. Before proceeding with the purchase of the Products via the transmission of the order form, the Consumer is required to carefully read the General Terms of Sale and the Policy regarding the Right of Withdrawal which may also be printed, stored or copied for personal use.
4. The prices of the product may be subject to change. The Consumer is required to check the final sales price prior to submitting the relevant order form.
5. The conclusion of the sales contract on the Website implies the Consumer’s complete acceptance of the General Terms of Use of the Website, the General Sales Conditions, the Conditions relating to the right of withdrawal, the privacy Policy and the Cookies Policy.
6. The display of Amedei products and relative information on the Website does not constitute a purchase offer but merely an invitation to offer by the Consumer, who may submit their purchase order through the online procedure in effect at the time. Once the order has been placed, Sendabox S.r.l. will be able to accept such and, in this case, transmit the order through the procedure in force at that time, for example via a specific screen and/or by sending an ad hoc email. Only then will the purchase agreement be considered as concluded. The Consumer expressly declares to being aware that any communication regarding acknowledgement of the order does not in any way imply acceptance thereof. In case of refusal or cancellation of the order, without prejudice to any rights of Sendabox S.r.l., Sendabox S.r.l. shall be required to return any sums already collected from the User via the same means by which the payment was received.
7. Before delivering the product purchased on the Website, Sendabox S.r.l. reserves the right to refuse or cancel purchase orders from: (i) Users who have direct or ongoing disputes with Sendabox S.r.l.; (ii) Users who have even partially violated the Website’s General Terms of Use, the General Terms of Sale, the Privacy Policy or the Cookie Policy; (iii) Users involved in fraud, in particular computer fraud and illicit acts regarding payments with credit cards and the like; (iv) non-consumer Users pursuant to the law; (v) Users who have transmitted identification data that is false, incomplete, inaccurate or belonging to a third party; (vi) Users for whom the payment system is not authorised or pre-authorised by the circuit; (vii) Users who have submitted purchase orders that are incomplete or incorrect, that do not provide sufficient guarantees of solvency or in the event of unavailability of the Products. In such cases, the Seller will, in a timely manner and in any case within 14 days from the day following the day on which the order was sent to Sendabox S.r.l., inform the Consumer by email that the Contract has not been concluded and that the Seller did not proceed with the purchase order, specifying the reasons. In the event that the Consumer has already forwarded the order form and paid the sums due, the Seller shall reimburse the amount paid.
8. The execution of Sendabox S.r.l.’s obligations may be suspended upon the occurrence of a fortuitous event or force majeure that prevents or delays the execution thereof, including—by way of mere and not exhaustive example—the Consumer providing an incorrect shipping address. Sendabox S.r.l. will inform the Consumer regarding the occurrence of unforeseeable circumstances or force majeure within ten days from the occurrence of the same. In the event that the suspension of the service should extend for a period of more than fourteen days, the Consumer shall have the possibility to cancel the order made and Sendabox S.r.l. will return any amounts already collected.
Characteristics of the Goods for Sale
1. Only original Products bearing the “Amedei” brand are offered for sale on the Website.
2. The essential characteristics of the Products on the Website are presented on each Product tab. The images and colours of the Products offered for sale may not correspond exactly to the actual items due to the Internet browser and/or monitor utilised.
3. The Website presents accurate descriptions of each product displayed therein. The User may request further information in this regard via the blog or by sending an email to topclient@sendabox.it.
4. Given that the Products are displayed in a virtual manner, the images and particularly their proportions and colours may differ from reality. The Consumer expressly accepts that the actual product and the image of the same proposed on the Website may differ, with a reasonable margin of tolerance, also depending on the device used by the Consumer themselves.
5. The quantity, prices and other characteristics regarding the products sold on the Website may be modified at the discretion of Sendabox S.r.l., without prior notice.
6. The Consumer declares to being aware that multiple Users may submit a purchase order at the same time for the same product, which could thus appear to be available for a short period of time, despite not being so. In this case, the order will be refused or cancelled and any amounts collected by Sendabox S.r.l. shall be returned to the Consumer whose order has been refused or cancelled. Alternatively, the Consumer whose order has been refused or cancelled may—at their discretion and within fourteen days—purchase one or more other products of the same or higher applicable price (in this case, upon payment of the difference). After this fourteen-day period has expired without alternative purchases, Sendabox S.r.l. will return any sums already collected from the Consumer via the same means from which the payment was received.
Payment
1. Sendabox S.r.l. will initiate shipment of the purchased product only after having received the entire amount of the product purchased.
2. The product shall be delivered in ad-hoc packaging to be arranged by Sendabox S.r.l.
3. Transport shall commence with the delivery of the product to the carrier and will conclude with the product being made available at the address provided by the Consumer. In case of unavailability of the recipient indicated by the purchaser, the policies of the carrier shall be applied. As a rule, once the number of attempts envisaged by the carrier has been attempted in vain, the product shall be returned to Sendabox Srl at the expense of the buyer who, once the product has been returned to Sendabox S.r.l., will be reimbursed for the purchase price paid (and not transport costs).
4. The Consumer or their delegate may accept the package with reserve, should obvious damage or markings on the packaging be detected. It shall be the sole responsibility of the Consumer or their delegate to verify the condition of the product, the integrity of the packaging (to be communicated to the carrier), the conformity of the product to the contract and the number of products contained in the packaging, as well as to indicate any anomalies on the shipping document and to Sendabox S.r.l., in line with the provisions of the law and with the Conditions relating to the right of withdrawal, which is to be effectuated through the Website within fourteen days.
5. The purchased product can only be delivered within the territory of the Italian Republic, with the explicit exclusion of free-trade zones and certain inaccessible locations. The Consumer expressly declares being aware that the shipment of the product to an inaccessible location may lead to a surcharge relative to the shipment itself.
Right of Withdrawal
1. The Right of Withdrawal is guaranteed to the Consumer in line with the characteristics indicated in the General Terms of Sale and who completes the steps set out regarding the exercise of this right.
2. The Right of Withdrawal is due to any Consumer who is not satisfied for any reason with the purchase made on the Website and only through the Website.
3. The Right of Withdrawal must imperatively be exercised within fourteen days from rendering the product available at the address indicated by the Consumer.
4. To exercise the Right of Withdrawal, the Consumer must rigorously adhere to the following conditions: (i) the Consumer must complete the return form on the Website, following the appropriate procedure, and submit the form within fourteen days from rendering the product available at the address indicated by the purchaser; (ii) the product must not have been used; (iii) the packaging must not have been removed or damaged and must still be attached to the product.
5. Products for which the right of withdrawal has been exercised must be returned without any undue delay and, in any case, within fourteen days from the date on which the Consumer informed Sendabox S.r.l. of their intent to withdraw from the Contract.
6. Should the Consumer comply with the procedures present on the Website for exercising of the right of withdrawal and thus avail of the carrier indicated by Sendabox S.r.l., the costs of transporting the product from the address indicated for the initial delivery to Sendabox S.r.l. shall be borne by the latter. If the address from which the return is sent differs from the delivery address or whereby the Consumer chooses to avail of an alternative carrier, the transport costs shall be borne directly by the Consumer.
7. Sendabox S.r.l. will send confirmation of receipt of the notice of withdrawal and shall contact the Consumer in turn whereby the withdrawal cannot legitimately be accepted. Upon Sendabox S.r.l. being unable to accept the withdrawal (by way of mere example, if the product has been used), the Consumer may reobtain the product by paying the relative transport costs or not keep the item and receive a partial refund of the price paid, owing to the deterioration caused to the product in question and shipping costs incurred by Sendabox S.r.l.
8. Without prejudice to any rights of Sendabox S.r.l., the latter shall be required to return any sums already collected from the Consumer via the same means from which the payment was received, by way of total or partial refund of the sums paid.
9. Within fourteen days of rendering the product available at the address indicated by the Consumer, the latter may request the replacement of any product with which they are dissatisfied in exchange of another or others of the same or higher price, paying any difference along with the costs for transporting the replacement goods, without prejudice to the provisions of the above paragraph 6.6.
10. All of the relevant rules and the stipulations set forth in the General Terms of Sale apply to the right of withdrawal.
Privacy
1. The Consumer may obtain information regarding the processing of personal data via referring to the Privacy Policy.
2. For any information regarding the Privacy Policy, please contact us directly via the specific section of the Website.
Applicable Law and Dispute Resolution
1. The General Terms of Sale are governed and integrated by the Law of the Italian Republic and, if in conflict therewith, all clauses that are valid under this judicial system shall remain in force. This is without prejudice to the application to Consumers whose regular residence is outside of Italy of any more favourable or compulsory provisions in respect of those set forth by the law of the country in which they have their regular residence, in particular in regards to the term for exercising the Right of Withdrawal, to the period for returning the Products, in the case of exercising such a right, to the formalities and means of communication regarding the same and to the legal guarantee of conformity.
2. In the event of disputes between users and Sendabox S.r.l. that are not resolved amicably or out-of-court, the so-termed attorney-assisted negotiation will be applied, where possible, and the Court of Milan shave have exclusive jurisdiction.
Modification and Updating
1. These General Terms of Sale may be modified, also in view of possible regulatory changes. The new General Terms of Sale shall take effect as of the date of publication on the Website. Consumers are therefore advised to regularly access the Website and consult the most up-to-date version of the General Terms of Sale prior to making any purchase.
2. The General Terms of Sale applicable to each contract concluded through the Website are those in force on the date of dispatch of the purchase order.
Customer Service
Consumers can request any information by emailing topclient@sendabox.it.