GENERAL CONDITIONS OF ON-LINE SALE
GENERAL PROVISIONS
These conditions are valid exclusively between the company SMARTMEDIA s.r.l., with registered office in Via della Lucchina, 96 – 00135 Rome (Italy), REA RM-1078163, VAT number 08168931007, hereinafter referred to as “SMARTMEDIA” and the consumer who makes purchases online on the website www.en.smartmediashopping.com hereinafter referred to as “CUSTOMER”. These conditions may be subject to modifications and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the website www.en.smartmediashopping.com in accordance with the provisions of Part III Title III Chapter I of the Consumer Code Legislative Decree no. 206/2005 modified by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 – OBJECT OF THE CONTRACT
With these general conditions of sale SMARTMEDIA sells and the CUSTOMER remotely purchases tangible movable goods or downloads of digital products without material supports (software, etc.) for sale on the website www.smartmediashopping.com. In case of purchase of digital products, the CUSTOMER waives the right of withdrawal already in the purchase order phase. The contract is concluded exclusively through the internet by accessing the CUSTOMER at www.en.smartmediashopping.com and placing a purchase order according to the procedure set forth on the site itself.
The customer undertakes to read, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by SMARTMEDIA and to accept them by placing a flag in the box indicated during the payment phase.
In the order confirmation e-mail, the CUSTOMER will be able to download and archive a copy of these general conditions of sale as required by art. 51 paragraph 1 of Legislative Decree 206/2005 amended by Legislative Decree 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product data sheets at the time of the choice by the CUSTOMER.
Before validating the order with “payment obligation”, the CUSTOMER is informed of:
– total price of the goods including taxes with details of shipping costs and any other costs;
– terms of payment;
– conditions, terms and procedures for exercising the right of withdrawal (see article 7 of these conditions);
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods;
– after-sales assistance conditions and commercial guarantees provided by SMARTMEDIA.
The CUSTOMER may at any time and in any case before the conclusion of the contract take note of the information relating to SMARTMEDIA such as address, telephone number and e-mail address, information which is also reported below:
SMARTMEDIA S.R.L.
registered office Via della Lucchina, 96 – 00135 Rome (Italy)
tel. +39 06.85301860
smartmedia@pec.smartmediashopping.com
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded when SMARTMEDIA sends the CUSTOMER an email confirming the order. The e-mail contains the CUSTOMER’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and/or download a copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly notify SMARTMEDIA of any corrections/modifications to be made.
SMARTMEDIA undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, there may be some errors, inaccuracies or small differences between the product depicted on the site and the real product. Furthermore, the photographs of the products presented on www.en.smartmediashopping.com do not constitute a contractual element as they are to be considered purely indicative.
SMARTMEDIA undertakes to deliver the goods within 30 working days from the sending by SMARTMEDIA 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 must be considered purely indicative because:
– the products could be sold to other CUSTOMERS before confirming the order due to the simultaneous presence of several users on the site,
– an IT anomaly could occur such as to make a product available for purchase that in reality is not.
Even after sending the order confirmation e-mail sent by SMARTMEDIA, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be automatically corrected with the elimination 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 methods and timing of reimbursement of any sums paid.
ARTICLE 5 – PAYMENT METHODS
Each payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.en.smartmediashopping.com, by bank transfer or with the Paypal payment method.
In case of payment by credit card or PayPal, the actual charge will take place at the time of the order placed by the CUSTOMER.
The communications relating to the payment and the data communicated by the CUSTOMER when this is made take place on special protected lines.
ARTICLE 6 – PRICES
All sales prices of the products indicated on the website www.en.smartmediashopping.com are expressed in USD, excluding VAT and, where applicable, including the WEEE contribution.
Shipping costs are not included in the purchase price but are indicated and calculated at the conclusion of the purchase process before making the payment.
The CUSTOMER accepts SMARTMEDIA’s right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by SMARTMEDIA to the CUSTOMER.
In the event of an IT, manual, technical or any other kind of error which could lead to a substantial change not foreseen by SMARTMEDIA of the public sale price which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled 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 the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason within 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to SMARTMEDIA through an explicit declaration which can be sent by registered letter with return receipt. or by sending a pec to smartmedia@pec.smartmediashopping.com
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) the text of which is given below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(fill in and return this form only if you wish to withdraw from the contract)
SmartMedia s.r.l. Via della Lucchina, 96 – 00135 Rome (Italy),
telephone: +39 06.85.30.18.60
email: smartmedia@pec.smartmediashopping.com
Hereby I/we (*) notify (*) the withdrawal from my/our (*) contract of sale of the following goods/services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is sent in paper version)
– Date
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to SMARTMEDIA his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to the SMARTMEDIA logistics office located in Via Pigafetta n. 12, Contrada Concio Stocchi, 87036 Rende (CS) – Italy.
The goods must be returned intact, in the original packaging and complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, SMARTMEDIA will refund the amount of the products subject to withdrawal within a maximum period of 14 days from receipt of the same.
As regards the return of the product subject to withdrawal, SmartMedia specifies that all shipping costs incurred for returning the goods are charged to the customer (art 56 co. 2 legislative decree 206/2005); the costs that the latter will have to bear for returning the goods are equal to those incurred during the purchase.
The shopkeeper is obliged to declare the costs that the consumer will have to bear in case of return of the goods. If the costs have not been disclosed in advance, then the return costs will all be borne by the seller
SMARTMEDIA will refund by bank transfer or credit card. If the CUSTOMER intends to receive the refund by bank transfer, he must provide SMARTMEDIA with the bank details: IBAN, SWIFT and BIC necessary for SMARTMEDIA to make the refund.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of defective products or in any case non-compliant with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product if communicated to SMARTMEDIA within 14 days of receipt of the same. In order to exercise the aforementioned right, the customer must proceed with the creation of a Return IT file by accessing the reserved area “My account”. In the event of a defective or non-compliant product, SMARTMEDIA will organize the collection of the product at its own expense, compatibly with the availability of the CUSTOMER.
ARTICLE 9 – COMMERCIAL GUARANTEE
All the products presented on the website www.en.smartmediashopping.it benefit not only from the legal guarantee of conformity referred to in the previous article, but also from a commercial guarantee, the duration of which is mentioned on the product data sheets of the articles.
To use the warranty assistance, the CUSTOMER must keep the invoice.
ARTICLE 10 – METHODS OF DELIVERY
The products will be delivered by courier to the address indicated by the CUSTOMER at the time of the order within and no later than 30 days. working from the date of receipt by the CUSTOMER of the order confirmation email sent by SMARTMEDIA.
For every order placed on the website www.en.smartmediashopping.com SMARTMEDIA issues an invoice for the goods shipped. The invoice is available and printable after the order has been processed in the reserved area “My account”. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
ARTICLE 11 – LIABILITY
SMARTMEDIA assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time stipulated in the contract.
ARTICLE 12 – ACCESS TO THE SITE
The CUSTOMER has the right to access the site to consult and make purchases. No other use, especially commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of SMARTMEDIA and are protected by intellectual property law.
ARTICLE 13 – COOKIES
The website www.en.smartmediashopping.com uses “cookies”. Cookies are electronic files that record information relating to the CUSTOMER’s browsing on the site (pages consulted, date and time of consultation, etc.) and which allow Smartmedia to offer a personalized service to its customers.
ARTICLE 14 – INTEGRALITY
These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of Rome.
General conditions of sale updated on 9 May 2018
