Terms of Sale
TERMS OF SALE
1.1 The sale of products offered on the website www.sun68.com (hereinafter referred to as the “Site") is governed by the General Conditions of Contract (hereinafter referred to as “General Conditions”).
1.2 SUN68® is a trademark of NUMERO 8 S.R.L., a company operating under Italian law, tax identification, registration in the Register of Companies of Venice and VAT No. 03591110279, Venice Economic and Administrative Data Base (R.E.A.) No. 321381, having its registered office in Via Copernico, 14 Noventa di Piave (VE) – Italy, tel. (+39) 0421/220249 fax (+39) 0421/225510.
1.3 The products offered on the Site www.sun68.com are manufactured and marketed by NUMERO 8 S.R.L. For any enquiry, notice or complaint related to or connected with sales, products, payments or deliveries please contact Customer Service at the following email address: firstname.lastname@example.org
1.4 The purchase agreement and relative procedures are available in Italian and English.
2 BASIC INFORMATION
2.1 The products on the Site are offered for sale solely to individuals above the age of consent and resident within an EU country, who purchase the products for personal reasons unrelated to their commercial or professional activity, with destination of the goods within the EU territory.
2.2 The resale, rental or disposal for any commercial or professional purpose of products purchased from the Site is expressly forbidden. Purchase agreements made by retailers or wholesalers or by persons who purchase the products for subsequent resale are therefore voidable pursuant to section 1427 of the Italian Civil Code. NUMERO 8 S.R.L. in any case reserves the right to terminate the agreement at any time when it establishes or has reasonable grounds to believe, also taking into account the quantity and type of goods purchased, that the purchaser does not possess the requirements as set out in sub-clause 2.1.
2.3 NUMERO 8 S.R.L. reserves the right to make changes or additions to these General Conditions at any time through publication on the website www.sun68.com. In any case the customer will be bound solely by the General Conditions in the text in force at the time the purchase order is placed.
2.4 By submitting the purchase order customers acknowledge that they have carefully examined and fully accepted these General Conditions, which may be viewed and downloaded at any time through the link in the Site. With regard to this, NUMERO 8 S.R.L. advises the customer to download, save or print the General Conditions in force at the time the purchase order is submitted.
2.5 It is not necessary to register on the Site to place the purchase order, but it will be necessary to accept the Terms of Sale by selecting the relative box. Failure to accept these Terms and Conditions will make it impossible to proceed with the purchase of the Products. The customer guarantees that the personal information provided during the purchasing procedure is true.
3 PURCHASING PROCEDURE
3.1 Each product selected by the Site user may be viewed in a relative web page which contains the description, photos and unit price (inclusive of VAT at the percentage established by the law in the Country of reference) as well as the colours and different sizes available.
3.2 Each sale made by NUMERO 8 S.R.L. through the Site may involve one or more products up to a maximum of 25 units per item and an overall maximum amount of 1500.00 Euro.
3.3 By selecting the items that interest them customers will add those products to their Shopping Trolley. A brief summary description of the selected products, inclusive of measurements or sizes, together with one or more digital photos adequately showing the products can be viewed in the same Trolley. It is agreed that if there is any discrepancy between the photos and the summary description, the latter will prevail and will be deemed as representative of the purchased product.
3.4 Customers are obliged to check that the Shopping Trolley contents are correct before confirming the order by completing the on-line purchase order form, following the instructions for the purchasing procedure provided on the relative page of the Site, and confirming that they have read and accepted these General Conditions. Having checked that the information relating to the selected Product/s is correct, Customers shall select the method of payment as set out in clause 5.
3.5 The purchasing procedure is completed when the customer selects the option “Confirm the Purchase” in the order summary page, which is displayed upon completion of the relative procedure. The order is sent immediately and directly to NUMERO 8 S.R.L. to be processed and may no longer be changed or cancelled.
3.6 By submitting the order the customer confirms acceptance of the provisions set out in these General Conditions.
3.7 The purchase order will be filed at the NUMERO 8 S.R.L. data centre and customers will be able to follow the status of their order on-line in the “My Orders” reserved area of the Site.
3.8 Customers will also receive an order confirmation e-mail at the address provided in the on-line purchase order form, containing a summary of the main contractual conditions and the link to the complete document of the applicable General Conditions.
3.9 Although NUMERO 8 S.R.L. constantly adopts measures intended to ensure that the photos on the Site are as faithful a reproduction as possible of the real products, it is always possible that some discrepancies may arise due to the technical characteristics and the quality of color resolution of the terminal or the screen used by the customer. As a consequence of the aforesaid technical reasons, NUMERO 8 S.R.L. does not guarantee and assumes no liability for the absolute accuracy of the graphic representations of the products shown on the Site.
3.10 NUMERO 8 S.R.L. reserves the right to refuse purchase orders coming from customers that it deems incapable of fulfilling their obligations, such as, by way of example, due to previous breach of the contractual provisions for on-line purchase through the Site. In any case it is agreed that all submitted purchase orders are contractual offers and that the formation of contract is at the discretion of NUMERO 8 S.R.L., which is free to accept or refuse the orders.
4.1 Customers acknowledge the fact that the stocks of products offered by NUMERO 8 S.R.L. through the Site are limited. Although only products considered available for purchase by customers are viewable on the Site, problems can occasionally occur regarding the availability of certain products without it implying any liability to NUMERO 8 S.R.L. in respect of Customers. In such circumstances the customer will be duly informed as soon as possible (and in any case within the delivery dates specified below) via e-mail or telephone; as a consequence the unprocessed order will be cancelled and the customer will be offered the possibility of placing a new order over the phone or directly by accessing the Site again. Cancellation of the entire order involves no charge for the customer.
4.2 NUMERO 8 S.R.L. reserves the right to change or update the products offered on the Site at any time without notice.
5 PRICE AND METHOD OF PAYMENT
5.1 The price of all products on sale through the Site is given in Euro (€) and is agreed as inclusive of VAT at the rate in force in Italy (currently 22%) whenever the Products are dispatched by NUMERO 8 S.R.L. and delivered within the European Union.
5.2 The price does not include delivery costs. NUMERO 8 S.R.L. reserves the right to ask Customers for a contribution to delivery costs, which may vary according to the type of delivery, the quantity of products for delivery, their weight and their destination.
5.3 The contribution requested by NUMERO 8 S.R.L. for delivery costs is given separately from the Price before Customers submit the order and will be paid by the Customer together with the payment of the price.
5.4 The total amount, together with the delivery costs charged to the customer, when applicable, according to the charges specified below, will be highlighted in the Shopping Trolley and in the order summary page displayed upon completion of the relative procedure.
5.5 NUMERO 8 S.R.L. reserves the right to change the prices of the products on sale through the Site at any time without notice. Customers will be charged with the prices published on the Site at the time the customer submits the order, without prejudice to all that is specified in sub-clause 4.1 should any products not be available.
5.6 NUMERO 8 S.R.L. accepts payments solely by means of credit card, PayPaltm, credit transfer and cash on delivery. NUMERO 8 S.R.L. accepts the credit cards specified on the relative page of the Site.
5.7 In the case of payment through credit transfer, Customers shall make the transfer using the bank details to be found on the Site, specifying in the reason for payment field the order number given by NUMERO 8 S.R.L. at the time of sending the Order confirmation.
5.8 The products are only dispatched after the customer’s credit card data have been checked. The customer’s credit card will only be debited after the relative order has been processed. Credit card data submitted when placing Orders are protected and are sent directly to the bank that manages the payments, which are made directly on a safe server so as to ensure the absolute security of the transaction.
5.9 In the case of payment through PayPaltm, at the moment orders are submitted by customers the web session is transferred onto the PayPaltm website. Customers may complete payment of the Price and of any contribution to delivery costs on this website using their own PayPaltm account and according to the conditions of use of the PayPaltm service. The PayPaltm account is debited with the price and delivery cost at the same time the order confirmation is sent by NUMERO 8 S.R.L..
5.10 The commercial invoice will be sent together with the goods inside the package/s. To receive another one, please send a request via e-mail to the following address: email@example.com.
5.11 Should one or more products not be available, the customer will be contacted by telephone in accordance with all that is specified in sub-clause 4.1.
6 LIMITATIONS IN THE DELIVERY OF PRODUCTS
6.1 Deliveries are made in all member countries of the European Union. The products will be sent to the postal delivery address specified by the customer in the on-line purchase order form.
6.2 NUMERO 8 S.R.L. will not dispatch any order addressed to a post office box, nor will it accept any order in which it is impossible to identify the person who has placed the order, the consignee of the ordered products or the delivery address.
7 METHODS OF DELIVERY
7.1 The methods and times of delivery are those specified in the purchase order confirmation; such information, however, is to be considered as having been given purely as an indication and is not binding on NUMERO 8 S.R.L..
7.2 The delivery costs may be viewed by the customer together with the total price for the purchase of the products prior to order confirmation both in the Shopping Trolley and in the purchase order summary page.
7.3 The Seller undertakes to make every effort to comply with the delivery times specified on the Site and, in any case, to deliver within a maximum of 30 (thirty) days starting from the day after the Customer submitted the order. Whenever the customer has chosen credit transfer as the method of payment, the delivery time will start from the moment the Seller receives the payment.
7.4 At the time the package with the ordered items is dispatched, the courier GLS - General Logistics Systems Italy S.p.A. - will send an e-mail to the customer at the address specified in the on-line purchase order form, which will contain a tracking code and a link so that the delivery can be monitored.
7.5 In the event of problems or delays in delivery in excess of 10 (ten) working days after the date specified in the order confirmation e-mail as set out in sub-clause 3.8, customers are kindly requested to report the fact to the e-mail address: firstname.lastname@example.org using the Contacts section in the Site.
7.6 Customers undertake to check as quickly as possible that the delivery includes all and no other than the purchased products and to inform NUMERO 8 S.R.L. promptly of any defect in the products received or discrepancy in respect of the order made, in accordance with the procedure set out in clause 9 herebelow; otherwise the products will be agreed as accepted. Should the product packaging arrive at destination in a clearly damaged state, the Customer is kindly asked not to accept the delivery from the carrier or to accept it “with reservation”.
8 WITHDRAWAL AND RETURNS
8.1 In accordance with section 64 of Italian Legislative Decree No. 206/2005, customers are entitled to withdraw from the sales agreement, without specifying the reasons, within 30 (thirty) days from the date of delivery of the products and without any penalty.
8.2 Customers are also entitled to return the products and may exercise this right within the same period as for the right of withdrawal, for one of the reasons specified in the Site in the “Withdrawal/Returns Procedure” section.
8.3 To exercise the rights set out in sub-clauses 8.1 and 8.2, customers shall fill in the on-line Returns Form specifying in the case of a return the relevant reasons and the quantity of items to be returned. The on-line Returns Form shall be completed in accordance with the “Instructions” contained in the “Withdrawal/Returns Procedure” section of the Site.
8.4 After the on-line Returns Form has been filled in and sent according to the “Withdrawal/Returns Procedure Instructions”, NUMERO 8 S.R.L. will give the customer the return code to be specified for the return delivery. Guest customers can request for returns on this page: http://sun68.com/shop/eu/en/awrma/guest_rma/index/
8.5 If customers exercise the rights of withdrawal/return as specified in this clause: (i) customers undertake in any case to return the products within 10 days from the date they exercise the right of withdrawal/return; (ii) the delivery costs connected with the return of the products are paid by NUMERO 8 S.R.L. only when the customer complies with the instructions given in the “Withdrawal/Returns Procedure” section of the Site; (iii) NUMERO 8 S.R.L. undertakes to refund the price as quickly as possible and in any case within 30 days from the date of receiving the returned products, provided that the same have been returned intact, in the original condition and not used, together with the original packaging/package and any accessories, quality labels or user’s guides.
8.6 The sole method by which NUMERO 8 S.R.L. will refund the price, in accordance with clause 8.5, is through credit transfer irrespective of the method with which the purchase was made. NUMERO 8 S.R.L. will therefore ask customers for their bank details (IBAN and name of current account holder) in the on-line Returns Form.
8.7 NUMERO 8 S.R.L. will not refund the price should customers exercise the rights of withdrawal/return in a way that does not conform with the methods and times set out in the Withdrawal/Returns Procedure and this clause.
8.8 NUMERO 8 S.R.L. will check whether the returned products are effectively in their original condition; should the products returned by the customer be damaged, incomplete, deteriorated or dirty, no refund will be made. The foregoing without prejudice to the right of the Company to claim compensation for any damage or non-conformity with the products delivered to the customer. If the products are sent back due to withdrawal or return using a carrier other than the one specified by NUMERO 8 S.R.L., the latter will not be liable for the loss of products, deliveries to incorrect addresses or delays in the delivery of products, it being agreed that the customer undertakes all risks for such dispatch.
8.9 In the case of a request to return the goods, NUMERO 8 S.R.L. reserves the right to offer the customer products of the same price to replace the returned ones.
9 NON CONFORMITY
9.1 Customers shall check at the time of delivery that the products correspond to the ordered items. Any non-conformity found in the delivery (by way of example, packaging that has been damaged or tampered with, damaged products, missing items, etc.) shall be written on the delivery document by way of express reservation and signed by the customer.
9.2 Should the products not correspond to those ordered, the customer is obliged to inform NUMERO 8 S.R.L. promptly through Customer Service and is entitled to demand the order be carried out after what has been received is returned, or, in the event of unavailability of the ordered products, to order different items of the same nature or, alternatively, to be refunded for any difference in price or to cancel the whole order, in accordance with all that is set out in sub-clause 4.1.
9.3 NUMERO 8 S.R.L. is also liable in the event of non-conformity of the products, provided that customers make the complaint within a maximum of 7 (seven) days from the date on which they discover the defect.
9.4 In the case of non-conformity of the products, customers are entitled to have them repaired or replaced free of charge.
9.5 Costs incurred by customers for returning products proved to the Company’s satisfaction to be defective or non-conforming will be paid by NUMERO 8 S.R.L..
10 LIMITATION OF LIABILITY
10.1 Under no circumstances shall NUMERO 8 S.R.L. be liable in respect of customers as a consequence of (i) damage or loss caused by the products or by the use thereof by the customer (in any case without prejudice to the application of overriding provisions concerning manufacturer’s liability); (ii) damage that is not caused by non-fulfilment by NUMERO 8 S.R.L.; (iii) loss of business or business opportunities.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The trademarks SUN68® and ΔX, as all the figurative and non-figurative marks and more in general all the other marks, illustrations, images and logos present on SUN68 products, related accessories and packaging, registered or not, are and remain the exclusive property of NUMERO 8 S.R.L.. No part of the aforesaid marks, illustrations, images or logos may be reproduced, changed or used for any reason whatsoever and on any medium without the prior agreement of NUMERO 8 S.R.L.. The Site and the contents thereof (including the E shop section) may only be used for personal and non-commercial purposes.
11.2 Neither may the aforesaid trademarks and other marks, symbols, logos and, more generally speaking, any distinctive mark be combined in any way whatsoever to make a composite logo.
11.3 Neither may any part of drawings, models and patents, which are the exclusive property of NUMERO 8 S.R.L. and therefore protected by current legislation on distinctive marks, be reproduced, changed or utilised in any form or by any means, electronic or conventional.
11.4 Trademarks, corporate names, images and logos owned by third parties with whom NUMERO 8 S.R.L. has business relationships may also be present in the pages of the Site. Such marks are equally protected under current legislation.
13 APPLICABLE LAW
13.1 These General Conditions are governed by and construed in accordance with Italian law and will be interpreted on the basis thereof, with exclusion of the Vienna Convention of 1980 on the international sale of goods.
13.2 The Court of Venice – Local Court of San Donà di Piave shall have exclusive jurisdiction for any dispute that may arise in connection with the General Conditions or the Sales Agreements.
14.1 For any complaint, more information or assistance regarding the Site or the purchasing procedure, Customers may contact the Customer Service of NUMERO 8 S.R.L., using the references to be found in the “About” section of the Site.