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« CONDITIONS OF SALE
» METHODS OF PAYMENT
» DELIVERY METHOD
» RIGHT OF TERMINATION
» DEFAULT OF COMPLIANCE
GENERAL CONDITIONS OF SALE
This website (hereafter, the "Website") is the property of Realasco S.p.A. (hereafter, "RealAsco"), with registered office at Viale Ledra 108, tax number and VAT registration number 02332010301, and registered in the Udine Register of Companies, Economic and Administrative Record UD-124969. The management of the website and product marketing are assigned to A-venture S.r.l. (hereafter, "A-Venture"). A-Venture, with registered office at Viale Ledra 108, tax number and VAT registration number 02617010307, and registered in the Udine Register of Companies, E.A.R. UD-274815. Is the official online retailer of "SELECO","BRIONVEGA","IMPERIAL" and "Super//Fluo" trademark products, purchased from Super//Fluo. Entering into an agreement and acceptance of the general conditions of sale. 1. In the event that a customer is a consumer (a natural person who purchases goods for reasons unrelated to the business or professional activity that he/she carries on, or he/she does not make a purchase indicating on the order form a VAT registration number), the agreement entered into with A-Venture by means of access to the Website is regulated by the Legislative Decree of 6 September 2005 no. 206 (Consumer Code). A-Venture likewise complies with the requirements ensuing from the Legislative Decree of 9 April 2003 no. 70 (Implementation of Directive 2000/31/EC relative to some legal aspects of services provided in the information society on the home market, with specific reference to electronic commerce). 2. The agreement drawn up by A-Venture and the Customer shall be agreed as entered into at the time at which the order forwarded by the Customer - in compliance with the purchase procedure indicated on the Website - arrives at the Website address. In order that the order sent by the Customer is binding for A-Venture, the whole sale procedure must be completed regularly and correctly by the Customer, without any evidence of error messages on the Website. A-Venture is not responsible for malfunctions for which the data network provider is responsible. 3. Having forwarded his/her order to A-Venture, the Customer acknowledges and states that he/she has examined all the directions provided to him/her during the sale procedure, and that he/she accepts in full the general conditions of sale. Purchase method. 4. The Customer may only buy goods available in the Website catalogue at the time of forwarding his/her order, as described in the relative data sheets. An order may not be made in relation to goods which, though in the Website catalogue, are indicated as unavailable. In any event, goods available on the Website are offered up to the point at which they become sold out. The picture accompanying the descriptive sheet of some goods may not be entirely representative of its features, and differ in the colour, size, proportions and accessory parts which are in the picture. The technical information accompanying the purchase is provided by S//F, and should be understood simply as general information. 5. Correct receipt of the order is confirmed by A-Venture by means of a video display notification and an e-mail notification, sent to the e-mail address indicated by the Customer at the time of ordering. The confirmation notification shall bear the order reference number, date of making the order, the goods purchased, their price, delivery charges, the payment method chosen by the Customer, and a summary of the general conditions of sale. The Customer should check the notification without delay, and immediately inform A-Venture of any errors or omissions. Methods of payment. Credit Card 6. In the event of purchasing goods with the credit card method of payment, at the same time as completing the transaction online, the relative issuing company shall provide for authorizing appropriation of just the amount relative to the purchase made. The amount relative to the goods dispatched, including in part, shall be effectively charged to the Customer's credit card only at the time of effective shipping of the goods ordered, by courier. 7. In all cases of cancellation or inefficacy of the order, A-Venture shall request at the same time cancellation of the authorization obtained, and redemption of the sum appropriated. The redemption period for some types of card, depends solely on the banking system, and may last until its natural expiry. Once cancellation of the authorization obtained has been carried out, under no circumstances may A-Venture be held responsible for any damages, direct or indirect, caused by failure to redeem the sum appropriated by the banking system. 8. At no time during the purchase procedure is A-Venture able to know information relative to the purchaser's credit card, which is transmitted by a directly protected connection to the website of the card issuing company which manages the transaction. None of A-Venture's computer files shall store such data. Under no circumstances therefore may A-Venture be held responsible for any fraudulent or illegal use of credit cards by third parties, at the time of payment for goods purchased on the Website. Advanced Bank Transfer 9. In the event of payment by advanced bank transfer, delivery of what has been ordered by the Customer shall remain pending until the sum due is credited to A-Venture's bank account. The bank transfer must be made by the Customer within 3 working days of receipt of the e-mail which proves acknowledgement of the order, and the Customer must provide proof of requesting the transfer by sending a copy of the latter to A-Venture - by fax at +39 0434 1750010 or e-mail at shop@brionvega.tv - within four working days of receipt of the e-mail which proves acknowledgment of the order. Crediting of the sum transferred into A-Venture's account shall occur within eight working days of receipt of the e-mail which proves acknowledgement of the order. If one of the abovementioned three terms elapses to no avail, the order shall be agreed as automatically cancelled, and it shall not be dealt with. The object of the bank transfer must bear: i) the name and surname, and company title of the order owner; ii) the order reference number; iii) the date of making the order. Payment by Telephone 10. In the event of payment by telephone notification of his/her credit card number to A-Venture, carrying out delivery of what has been ordered by the Customer shall be kept pending until authorization by the Bank/Building Society issuing the credit card used has occurred. Within 3 working days of receipt of the e-mail which proves acknowledgement of the order, the Customer must supply to A-Venture - by fax at +39 0434 1750010 or e-mail at shop@brionvega.tv - the following information: i) a copy of the identity card (or the identity card number) of the person who issued the order; ii) the number, expiry date and distribution chain of the credit card which he/she intends to use to make the payment. The customer shall subsequently be contacted by A-Venture at the telephone number indicated at the stage of placing the order, in order that he/she notifies the CVV/CVV2 code required to make the transaction. 10 working days having elapsed from receipt by the Customer of the e-mail which proves acknowledgement of the order, to no avail, the order shall be agreed as automatically cancelled, and it shall not be dealt with. Postal Order 11. In the event of payment by postal order, delivery of what has been ordered by the Customer shall be kept pending, until the sum due has been credited to A-Venture's bank account. The postal order must be sent by the Customer within 3 working days of receipt of the e-mail which proves acknowledgement of the order, and the Customer must provide proof of sending the postal order by sending a copy of the latter to A-Venture - by fax at +39 0434 1750010 or e-mail atshop@brionvega.tv - within four working days of receipt of the e-mail which proves acknowledgment of the order. Crediting of the sum to A-Venture's account shall occur within eight working days of receipt of the e-mail which proves acknowledgement of the order. If one of the abovementioned three terms elapses to no avail, the order shall be agreed as automatically cancelled, and it shall not be dealt with. The object of the bank transfer must bear: i) the name and surname, and company title of the order holder; ii) the order reference number; iii) the date of making the order. Delivery method and costs 12. All deliveries shall be notified in advance with notification by e-mail, sent to the e-mail address indicated by the Customer at the time of ordering. The notification of expedited delivery shall bear the order reference number, the date of making the order, date of shipping the goods, name of the courier which carries out the shipping, the shipping reference number and a link which shall allow tracking of the shipment. The Customer should check the notification without delay, and immediately inform A-Venture of any errors or omissions. 13. For each order made on the Website, A-Venture issues an invoice for the goods shipped, sending it by e-mail or post to the order holder, in conformity with sec. 14 of Presidential Decree 445/2000 and L.D. 52/2004. For issuing the invoice, the information provided by the Customer at the time of ordering is used. No change may be made to the invoice, after issuing the same. 14. The delivery charges are included in A-Venture's sale price, as indicated on the acknowledgement of receipt of the order. Payment for the goods by the Customer shall occur using the method chosen at the time of ordering. 15. For delivery of the goods the presence of the Customer or his representative at the recipient's address indicated in the order, is necessary. The goods shall be delivered with standard packaging, unless explicitly directed otherwise in the acknowledgement of receipt of the order. At the time of delivery of the goods by the Courier, the Customer is required to check: i) that the number of packages delivered corresponds to what is indicated on the carriage document (CD); ii) that the package is intact, not damaged, wet or in any way tampered with, including the sealing materials. Any damage to the package and/or goods, or the non correspondence of the number of packages or information, must be immediately contested, attaching a written inspection reservation to the Courier's proof of receipt. Once the Courier's document has been signed, the Customer may not object in any way in relation to the external qualities of what is delivered. 16. Without prejudice to the term of thirty days from receipt of the order, the terms laid down for delivery of goods should be considered indicative. In the event of the Customer not being in, a second visit or telephone call by the Courier to agree redelivery within the following 24 hours, is provided for. In the event of also failing to redeliver, A-Venture shall try to contact the Customer to determine and if necessary resolve the causes of failed delivery. In the meantime the goods shall be taken back to A-Venture's warehouse, awaiting fresh contact with the Customer. A-Venture shall notify the Customer of the inability to deliver by e-mail. The sum paid by the Customer shall be deducted by A-Venture, and, at the time of redelivery, A-Venture shall charge the additional costs met for storage and resending the goods, to the customer. If the shipment cannot be carried out due to the inability to deliver, the order shall be considered as cancelled. A-Venture shall notify the Customer of the cancellation by e-mail. A-Venture shall take steps to reimburse the Customer for the goods purchased, excluding transport costs met for sending, storing and returning the goods. 17. If A-Venture is not able to deliver the goods ordered in the event of their being unavailable, even temporarily, it shall notify the Customer of this promptly, by e-mail. The cost which may already have been paid by the Customer, shall be reimbursed at the earliest possible moment, and in any event not more than thirty days from receipt of the purchase order. Right of termination 18. In conformity with sec. 64 of L. D. no. 206/2005, if the Customer is a consumer (that is a natural person who purchases the goods for reasons unrelated to the business or professional activity which he/she carries on, or does not make the purchase indicating a VAT registration number on the order form), he/she has the right to terminate the agreement for any reason, without needing to provide an explanation, and without a penalty, without prejudice to what is indicated below. 19. To exercise the right of termination, the Customer must notify A-Venture to this regard, within ten working days from the date of receipt of the goods. Such notification must be sent, using the appropriate termination form downloadable from the website www.brionvega.tv, by registered letter with acknowledgement of receipt, addressed to: A-Venture S.r.l. Viale Ledra 108 33100 Udine by fax at +39 0434 1750010, or by e-mail at shop@brionvega.tv, always within the abovementioned term of ten working days. In the latter case, the termination must be confirmed by the Customer by sending the termination form by registered letter with acknowledgement of receipt, strictly with 48 hours following sending the fax or e-mail notification. Once the termination form has arrived by registered letter with acknowledgement of receipt, A-Venture shall take steps to notify to the Customer - by e-mail - the address to which to ship the goods to be returned, and the regress authorization number, to be indicated on the return form, which must be attached to the goods. The Customer must send the goods carefully packaged in their original package, avoiding damaging them with adhesive labels or otherwise, complete with everything which was originally contained in the package, to the address notified. The forwarding charges for returning the goods are charged to the Customer. In the event of exercising the right of termination, however, the initial charges for forwarding to the Customer, quantified at a flat rate of 100.00 Euros, shall also be charged to the latter. Shipping by the Customer must take place by Courier within ten working days of notification to the Customer, by e-mail, of the address to which to ship the goods, and of the regress authorization number. Shipping, up to issuing of a certificate of receipt by A-Venture, is the responsibility and at the risk of the Customer. On receiving the returned goods, A-Venture shall provide for checking their intactness, and reimbursing to the Customer the cost of the goods purchased, deducting a sum relative to the initial shipping included in the sale price, quantified at a flat rate of 100.00 Euros. Reimbursement shall occur by bank transfer, to the current account indicated by the Customer on the termination form within the term of thirty days of receipt by A-Venture of the registered termination letter, if the goods have been shipped by the Customer within ten working days following notification to the Customer, by e-mail, of the address to which to ship and of the regress authorization number, and if the goods arrived intact at the address indicated by A-Venture. 20. The right of termination may be exercised only in relation to the goods purchased in their entirety; it is not possible to exercise termination in relation to just a part of the goods purchased (e.g. accessories, attached software, etc...). Right of termination may not be exercised in relation to audiovisual goods or sealed computer software (including that attached to hardware), once opened, nor in relation to the provision of custom-made or clearly personalized goods, or goods which, by their very nature may not be reshipped, or which may rapidly deteriorate or perish. The goods purchased must be returned intact in their original package, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...). Attaching labels or adhesive tape directly to the goods' original package should be avoided. In the event of damage to the goods during transport, A-Venture shall notify the Customer of what has occurred (within five working days of receipt of the goods at its warehouse), to allow the Customer to duly file a report in relation to the Courier chosen by him/her, and to obtain reimbursement of the value of the goods (if insured by the Customer). A-Venture is not responsible for damage, theft or loss of goods returned with non insured shipments by and at the expense of the Customer. 21. In the event of the returned goods not being basically intact, the right of termination lapses, as, by way of example, in the case of: i) lack of the original external packaging and/or internal packaging; ii) absence of integral parts of the goods (accessories, cables, manuals, parts, ...); iii) damage to the goods due to causes other than transport; iv) abnormal state of repair. In the event of the Customer's lapse in relation to the right of termination, A-Venture shall provide for returning the purchased goods to the Customer, charging the forwarding charges to the same. Guarantees 22. All goods sold by A-Venture are covered by the S//F manfuactuer's ostensible guarantee, and for Customers who are consumers (a natural person who purchases goods for reasons unrelated to the business or professional activity which may be carried on by him/her, or who purchases without indicating a VAT registration number on the order form), also by a statutory guarantee for defaults of compliance, as found in sec. 128-135 of L. D. no. 206/2005. To benefit from the guarantee service, the Customer must keep the invoice which he/she receives by e-mail, in PDF file format. 23. Super//Fluo's ostensible guarantee is provided in accordance with the procedures shown in the documentation inside the goods' packaging. If, after action by an Authorized Service Centre, the default is not covered by the manufacturer's ostensible guarantee, any inspection and restoration costs required by the Authorized Service Centre, and also transport costs, if met by A-Venture, shall be charged to the Customer. 24. The Customer and consumer's statutory guarantee covers defaults of compliance existing at the time of delivery of the goods, which develop within two years of delivery of the goods. The default of compliance must be notified, failing which entitlement lapses, within two months of the date on which the consumer discovers the default. Action by the seller in all events is set out within the term of twenty six months of delivery of the goods. In the event of default of compliance, the Customer and consumer has the right to restoration, without charges, of compliance of the goods, by means of repair or replacement, or to an appropriate reduction in the price, or termination of the agreement, in accordance with the provisions of sec. 130 of L. D. no. 206/2005. Within two months of discovering the default, and in any event within the maximum term of twenty six months of receiving the goods, the Customer must send the appropriate form (downloadable from the website www.brionveg.tv),with which he/she requests the elimination of the default of compliance, filled in in all its parts, to A-Venture (Viale Ledra 108, 33100 Udine), by fax at +39 0434 1750010 or by e-mail at shop@brionvega.tv. Having received the notification, A-Venture shall contact the Customer to notify him/her of the regress method and number, to be indicated on a copy of the form, already disclosed, to be sent with the goods. A-Venture shall provide for sending its Courier to collect the goods, without any additional cost to the Customer. The goods must be returned by the Customer, if possible in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...). Attaching labels or adhesive tape directly to the goods' original package should be avoided. Once the goods returned by the Customer have been checked, A-Venture shall provide for replacing or repairing them, and shall ship the goods, subject to what is provided for in sec. 130 of L. D. no. 206/2005. If, following an intervention by an Authorized Service Centre, it is ascertained that the default reported does not constitute a default of compliance in conformity with sections 128 and following sections of L. D. no. 206/2005, any inspection and restoration costs required by the Authorized Service Centre, as well as transport costs, if met by A-Venture, shall be charged to the Customer. 25. The Customer may, at his/her discretion, take advantage of any ostensible additional guarantees offered by A-Venture, with the conditions, limits and procedures from time to time provided for by the same. Complaints 26. All complaints should be addressed: - to the following e-mail address shop@brionvega.tv, or - by sending a fax at +39 0434 1750010, or - by writing to A-Venture s.r.l., Viale Ledra no. 108, 33100 Udine. Responsibilities of assisting third parties 27. A-Venture is not responsible for the actions of third parties who participate in managing or carrying out payment and goods' delivery operations, and all other operations linked to carrying out agreements effected by means of the Website. Applicable law and competent Court 28. The contract of sale between the Customer and A-Venture is governed by Italian law, with the exception of the effectiveness of the rules of conflict. For civil cases concerning contracts of sale between a Customer and A-Venture, entered into by means of the Website, if the Customer is a consumer, local jurisdiction resides indispensably with the magistrate at the Customer's place of residence or domicile, if situated in Italy. In all other cases, local jurisdiction resides indispensably with the Court of Udine.
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