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Updated at 12/06/2014
1. Parties to the contractThe parties to the online sale-purchase contract are:SBS S.p.A., a company incorporated under Italian law, with registered offices at Via Circonvallazione [no street number], 28010 Miasino, Italy (tax code and VAT no.: 01888310032, Econ. and Admin. Index no. 202775), hereinafter referred to simply as "SBS", and the user, an adult natural person who, in accessing the website www.sbsmobile.it, www.sbsmobile.com or www.sbsmobile.store, purchases products online for purposes other than any business, professional or industrial activity that he/she may perform, hereinafter referred to simply as the ‘Customer/s’. SBS reserves the right to refuse orders from parties other than Customers as defined above, and orders from parties with whom an in- or out-of-court dispute is pending relative to previous orders or for any other legitimate reason, without being obliged to provide any explanation. The indication of a VAT number on the purchase order shall qualify the buyer as a "professional", and SBS shall consequently have the right to refuse the order thus sent. The refusal of orders shall be communicated by SBS S.p.A. to the e-mail address given by the user during the online purchase procedure.
4. Subject matter of the contract and the online catalogue4.1. The object of these General Conditions of Sale refers exclusively to the products shown in the online catalogue of the website www.sbsmobile.it, www.sbsmobile.com or www.sbsmobile.store. 4.2. The Customer may only buy the products appearing in said catalogue and available when the order is sent. SBS S.p.A. reserves the right to vary the product catalogue without notice. Any articles appearing on the SBS S.p.A. websites but not in the online catalogue are not intended for online sale and, as such, cannot be bought by Customers. Similarly, orders cannot be placed for products which appear in the online catalogue but are shown not to be available.4.3. Product availability is monitored and updated by SBS S.p.A. Nonetheless, it could happen that with several users purchasing the same product at the same time, said product may appear to be available for a short time, when it is in fact out-of-stock or not immediately available. If one of the ordered products proves to be unavailable for this reason or in the event of intervening unavailability of the products, SBS S.p.A. shall contact the Customer within 7 working days from the transmission of the order, by e-mail at the address provided by the Customer, informing the latter of said unavailability and of any alternative solutions. Should SBS not deliver the product ordered, that appeared unavailable, within thirty days from the date the contract was concluded, the Customer may ask SBS S.p.A. to deliver within an extended deadline appropriate to the circumstances or terminate the contract and obtain a refund of all the amounts already paid to SBS S.p.A. in the performance of said contract.4.4. All products offered for sale are described (by way of example, with details on the quality, features and price and images) in the specific online catalogue on the Internet site at www.sbsmobile.it, www.sbsmobile.com or www.sbsmobile.store. The information sheet for every product provides the sales price to the public inclusive of VAT. Product prices are shown in Euro. 4.5. Shipping and delivery costs and any other charges in addition to the sales price inclusive of VAT will be detailed and displayed before forwarding the order. 4.6. It should be noted that any costs for connection to the site via the internet, including telephone costs, shall be borne by users according to the tariffs applied by the operator selected by the user.4.7. SBS reserves the right to alter the prices of the products offered for sale at any time and without notice. In any case, Customers shall be charged the product prices shown on the website at the time of sending each order.4.8. Any image of the product accompanying the product description sheet is merely for illustrative and indicative purposes, and may not correspond with the real features of the product since it may differ in terms of colour, size, and the accessories appearing in the picture. More specifically, the images and colours of the products offered for sale may also differ from those represented due to the technical features and resolution of the monitor, equipment and software of the computer used by the Customer. SBS therefore refuses all responsibility regarding the graphic representation of the products shown on the website due to the above-stated technical features.
5. Payment methods5.1. The goods can be paid by credit card or using the PayPal system.Payments are accepted from the following credit card providers: VISA, MASTERCARD and AMERICAN EXPRESS.5.2. Payments by credit card are disciplined by the regulations adopted by the individual credit card providers.5.3. The details of the credit card for payments made directly by Visa, Master Card or American Express and for those carried out using the PayPal system are not visible to SBS S.p.A.Credit card data are processed directly by the provider and are protected against unauthorised access by SSL (Secure So-cket Layer) encrypted data transfer.All current browsers support SSL cryptography. The data is not accessible to third parties, nor to SBS S.p.A.5.4. Payments by credit card: shipment of the order shall take place only subsequent to verification of the Customer's credit card information, carried out by SBS S.p.A. with the bank, and subsequent to receipt of the authorisation to debit said credit card. The debit to the Customer's credit card only takes place subsequent to the despatch of the relative order. 5.5. Payment with electronic money via the PayPal service: the electronic money payment mode via the PayPal service is subject to the limits indicated from time to time in the purchase procedure, which the Customer must follow for sending the order. For this payment system, the Customer must open a PayPal account and accept the rules of the relative service. SBS accepts payment only from Customers registered with the Italian PayPal site. The amount of the order shall be debited to the Customer's PayPal account after confirmation of the order by SBS. The product purchased shall be delivered after verification of the transfer of the purchase price to the SBS PayPal account. Any reimbursements to the Customer shall again be carried out by SBS to the PayPal account based on the procedures set by the PayPal service. A confirmation e-mail shall be sent by PayPal for every transaction carried out. 5.6. SBS refuses all responsibility for any fraudulent and unlawful use of credit cards by third parties at the time of paying for products purchased through the website. In any case, SBS reserves the right to cancel the transaction in the case of suspected fraudulent use of credit cards and to request further information and/or documentation without which it reserves the right to refuse payments.
6. Transport and delivery of products6.1. SBS S.p.A. accepts orders only for delivery in the following countries: Italy, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, the Netherlands, Portugal, Spain, Sweden, United Kingdom. It is noted specifically that orders with delivery to Livigno, Campione d'Italia, the Republic of San Marino and the Vatican City shall not be accepted.6.2. The shipping of ordered products shall be done using the methods selected by the Customer among those available and detailed on the SBS S.p.A. Website at the time of sending the order. For the delivery of the order, SBS S.p.A. uses express couriers appointed at its own discretion.6.3. When the product ordered is available, it is normally despatched within a minimum of 3 and a maximum of 6 working days in the case of delivery in Italy; with the exception of "PERSONALISED COVER" products, where delivery shall take place on average within 10 working days. In the case of products to be delivered outside Italy, these are normally despatched within a minimum of 3 and a maximum of 6 working days from the time of their availability; with the exception of "PERSONALISED COVER" products, where delivery shall take place on average within 10 working days.In any case, without prejudice to the provisions under art. 4.3 above, the shipping of products shall take place within 30 working days from the date the contract was concluded.6.4. To avoid any inconvenience in the delivery and debiting of storage costs, the Customer is requested to indicate an address where someone is always available to receive the order. 6.5. When the goods are delivered by the courier, the Customer or his/her representative must check that the content of the package delivered corresponds to what was ordered and indicated on the invoice sent by e-mail. Any damage to the packaging and/or the product or non-correspondence of the number of packages in respect of what was indicated on the invoice, must be reported immediately by adding a hand-written, signed note on the courier's delivery note. Otherwise, once the courier's delivery note is signed without any objection, the Customer may no longer present complaints regarding the external features of the delivery and the number of packages received.
7. Right of withdrawal7.1. Only the consumer (i.e. the natural person in the Customer that buys the products for purposes extraneous to his/her commercial, business, professional or entrepreneurial activity as contemplated by art. 3 of Italian Legislative Decree 206/2005 (hereinafter the "Consumer")) has the right to withdraw without any penalty and without providing reasons, within 14 working days of the Consumer or third party other than the carrier physically taking possession of the goods, pursuant to art. 52 of Italian legislative decree 206/2005 (the Consumer Code). In the event of multiple items being ordered by the Consumer in a single order and delivered separately, the time period of 14 days within which to exercise the right of withdrawal shall take effect from the day on which the Consumer or a third party other than the carrier, takes physical possession of the last item. It is specified, however, that products selected shall not be replaced by other products, except in the cases expressly contemplated by these General Conditions of Sale. 7.2. The parties expressly agree that the indication of a VAT number on the purchase order qualifies the buyer as a "professional", with provisions under art. 52 et seq. of Italian Legislative Decree no. 206/2005 consequently not being applicable. 7.3. To validly exercise the right of withdrawal pursuant to art. 54 of Italian Legislative Decree no. 206/2005, the Consumer must inform SBS S.p.A. of his/her intention to withdraw from the contract within the above-stated period of 14 working days from receiving the products ordered. In this regard the Consumer may utilise:a) the withdrawal form available in the "Right of Withdrawal" section of the SBS S.p.A. website, which must be duly filled in by the Consumer, entering all the data requested by the system. The Consumer is requested to carefully read the instructions for exercising the right of withdrawal contained in the "Right of Withdrawal" section on the SBS S.p.A. website, and to carefully check what was filled in on the withdrawal form before sending it; orb) any other explicit declaration stating the withdrawal from the contract, containing: i) the explicit manifestation of the will to exercise the right of withdrawal pursuant to the Consumer Code; ii) an indication of the product in relation to which the right of withdrawal is to be exercised; iii) the date on which the product was ordered and received; iv) the Consumer's name, surname and address. 7.4. The withdrawal form or the explicit withdrawal declaration must be sent within the above stated period of 14 working days from receiving the products ordered. The burden of proof relating to exercising the right of withdrawal lies with the Consumer, pursuant to art. 54 of Italian Legislative Decree no. 206/2005; it is therefore recommended that the withdrawal form or explicit withdrawal declaration is sent by registered letter with a return receipt to SBS S.p.A. current registered offices at Via Circonvallazione [no street number], 28010 Miasino (Italy). The form or declaration may sent within the same deadline by letter sent through the post, by telegram, telex, email (to the e-mail address email@example.com) or fax (to the following number +39-0322-980910). In the case of the latter, it is recommended that the withdrawal declaration is confirmed by registered letter with return receipt within 48 hours. 7.5. Alternatively to the provisions under art. 7.4, the Consumer can validly exercise the right of withdrawal by compiling and electronically sending the return form found in the "Standard instructions for withdrawing" section on the SBS S.p.A. website, within the deadline of 14 working days from receipt of the ordered goods to the SBS email address listed in the same section of the website. Every field of the aforesaid form must be duly filled in by the Consumer, with all the data requested by the system. The Consumer is requested to carefully check the information entered in the return form before sending.In this case, on electronic receipt of the return form, SBS S.p.A. shall send to the e-mail address indicated by the Consumer on the said return form, a message confirming receipt (which it is recommended the Consumer prints out and keeps and/or saves on a durable support) with details of the return case number. For the return of products purchased online via the SBS website, the Consumer is asked to use the couriers appointed by SBS S.p.A. (all the information is contained on the returns form available on the SBS site). The procedures and timing for the return of products to SBS must be agreed by the Consumer directly with SBS S.p.A.If the Consumer uses a courier appointed by SBS, the transport costs for return of the products shall be borne in full by SBS S.p.A.However, if the Consumer does not use a courier appointed by SBS (the Consumer being free to use other couriers), the Consumer shall be responsible for both proof of the products return and the expenses relating to the return. In the case of the latter, SBS S.p.A. may suspend the refund until the goods are received.7.6. The Consumer exercising the right of withdrawal must return the goods perfectly intact and complete with all the elements supplied and in the original packaging to the SBS S.p.A. operating headquarters at Via Circonvallazione [no street number], 28010 Miasino (NO), Italy.7.7. On receipt of the withdrawal notice on the part of SBS S.p.A., the parties are released from their respective obligations deriving from the purchase order. If the products have already been delivered, the consumer is obliged to return them within 14 working days from the date on which SBS S.p.A. was notified of his/her intention to withdraw from the contract pursuant to art. 54 of Italian Legislative Decree no. 206/2005. With regard to the expiry of the deadline, the goods are understood as having being returned when they are delivered to the courier for transportation.7.8. If the withdrawal right is exercised correctly by the Consumer, SBS S.p.A. shall refund the total amount paid by the Consumer for the product purchased, including the shipping costs to the Consumer. The refund is carried out free of charge, using the same payment method utilised by the Consumer for the initial transaction, unless otherwise specifically agreed with the Consumer, that shall not bear any cost as a consequence of the refund. The refund shall be made as quickly as possible and, in any case, within 14 days from the date on which SBS S.p.A. learned of the Consumer exercising his/her right of withdrawal. The amounts shall be understood as refunded within the term if they were effectively returned, transmitted or re-credited with the value date within the expiry of the above stated term. If the receiver of the products and the party paying for the purchase of the same are different parties, SBS S.p.A. shall refund the amount to the party who had made the payment.7.9. To be validly exercised, the right of withdrawal is in any case, subject to the following conditions:• the right applies to the entire product purchased; withdrawal cannot be exercised only for a part of the product purchased (e.g. accessories, attached software, etc.);• the product purchased must be intact and must be returned in its original packaging, complete with all its parts (including the packaging and any documentation and accessories: manuals, cables, etc.); The original packaging should be covered by another protective covering that shall retain its integrity and protect it from possible writing or labelling during its transportation; • on arrival at the warehouse, the product will be examined to assess whether any damage or tampering exists that did not result from the transportation. If the original outer and/or inner packaging is missing and/or ruined, SBS S.p.A. will withhold a percentage of no more than 10% of the same as a contribution to the repair expenses, from the refund.7.10. The goods returned must be substantially intact; this is an essential condition for exercising the right of withdrawal. In particular, the right of withdrawal shall lapse if SBS S.p.A. finds that:• the goods are not returned in the original inner and/or outer packaging;• any additional elements of the product (for example but not only: accessories, wires, manuals, components) are missing; • the product is damaged. If the right of withdrawal should lapse, SBS S.p.A. shall return the purchased product to the buyer, debiting the transport costs to the latter.
7.11. It is noted that pursuant to art. 59, paragraph 1, point c) of Italian Legislative Decree no. 206/2005, the Consumer shall not be entitled to the right of withdrawal in respect of “PERSONALISED COVERS” implemented by SBS S.p.A., based on the indications and on request by the Consumer.
8. Guarantees8.1. All products sold by SBS S.p.A. are covered only for Consumers by the legal 24-month guarantee for non-conformities, pursuant to art. 128 et seq. of Italian Legislative Decree no. 206/2005 (the Consumer Code) which, on matters of Consumer protection applies the corresponding European Directives and, in particular, the principles and procedures established by European Directive 1999/44/EC . To activate the guarantee, the Customer must keep the purchase invoice.8.2 The 24-month guarantee pursuant to the Consumer Code is applied in the case of a non-conforming product, providing it has been correctly used according to its intended use and as contemplated in the attached technical documentation. Said guarantee is reserved to Consumers and is effective provided that: a) the defect appears within 24 months from the product delivery date; b) the Consumer presents a formal complaint relative to the defect within the maximum deadline of 2 months from the date on which it was discovered. In the case of non-conformities, the provisions under art. 130 of Italian Legislative Decree no. 206/2005 will be applicable. This article stipulates that: “1. The seller is responsible in respect of the consumer for any non-conformity that exists at the time the goods are delivered.2. In the event of non-conformity, the consumer is entitled to this being remedied at no charge, either through repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to an appropriate reduction in price or the termination of the contract, in accordance with paragraphs 7, 8 and 9.3. The consumer, at its discretion, may request that the seller repairs the goods or replaces them, without charges in both cases, except where the remedy requested is objectively impossible or excessively onerous compared to the former.4. For the purposes of paragraph 3, excessively onerous is deemed to be one of the two remedies, where this requires unreasonable costs for the seller compared to other, taking into account:a) the value the good would have if there was no non-conformity;b) the extent of the non-conformity;c) the possibility that the alternative remedy could be discharged without significant inconvenience to the consumer.5. The repairs or replacements must be made within a reasonable time from the request, and must not cause significant inconvenience to the consumer, taking into account the nature of the item and the purpose that the consumer had bought the item for.6. The costs relating to paragraphs 2 and 3 refer to the essential costs to make the item compliant, specifically referring to the costs for transportation, labour and materials.7. At its discretion, the consumer may request a reasonable reduction in the price or the termination of the contract when one of the following instances arise:a) the repair and replacement are impossible or excessively onerous;b) the seller did not carry out the repair or the replacement of the item within the reasonable time referred to in paragraph 5;c) the replacement or repair previously effected caused significant inconvenience to the consumer.8. The usage of the item is taken into consideration when determining the figure for the reduction or refund.9. After reporting the non-conformity, the seller can offer the consumer any other available remedy, with the following consequences:a) should the consumer already have requested a specific remedy, the seller remains obliged to implement this, with the relevant consequences regarding the effective start of the reasonable time under paragraph 5, unless the consumer accepts the alternative remedy proposed; b) should the consumer not already have requested a specific remedy, the consumer must accept the proposal, or reject it by selecting another remedy pursuant to this article.10. A non-conformity to a minor extent where it was not possible or was excessively onerous to discharge the remedies of repair or replacement does not provide entitlement to terminate the contract." 8.3. If the product defect is not a non-conformity, the Customer cannot seek recourse to the conformity guarantee contemplated by art. 130 of the Consumer Code, and if SBS carries out verifications and/or repairs, directly or through an independent Technical Assistance Centre, the Customer shall be debited any costs for product verification and repair as well as the transport costs if incurred by SBS S.p.A.
9. Responsibilities of third partiesSBS S.p.A. bears no responsibility for the work of third parties who, in the capacity of self-employed third parties are involved in the management or execution of payment operations, the transport and delivery of goods to the Customer, or any other activity involved in the fulfilment of contracts entered into pursuant to these General Online Conditions of Sale.
10. Applicable law10.1. These General Conditions of Sale and the contracts entered into between the Customer and SBS S.p.A. according to the above Conditions, are governed by Italian law, with specific reference to Italian Legislative Decree no. 70/2003 (the law on Electronic Commerce). Should the Customer qualify as a Consumer, Italian Legislative Decree no. 206/2005 (Consumer Code) shall also be applicable, without prejudice to any other overriding mandatory provision applicable in the Consumer's country of residence. In particular, reference is made to the provision contained in Section II, Chapter I, Title III, Part III of Italian Legislative Decree no. 206/2005, on distance contracts entered into with Consumers.
11. JurisdictionAny dispute, if the Customer is a Consumer, shall fall under the jurisdiction of the court of the Consumer's place of residence or domicile pursuant to the applicable law or, at the Consumer's discretion, in the case of any action filed by said Consumer, the Court of Verbania of the Italian judicial authority shall have jurisdiction. Any dispute involving parties that are not Consumers shall fall under the exclusive jurisdiction of the Court of Verbania of the Italian judicial authority.
Please note that the European Commission provides a platform for the out-of-court resolution of disputes accessible on the website http://ec.europa.eu/odr.
12. Nullity and invalidityIn the case of one or more of these clauses or part of them being invalid due to a conflict with mandatory provisions of law, such clauses shall be understood as legitimately replaced, only within the limits of the conflict, by what is contemplated by law. Any tolerance of a breach and/or behaviour in conflict with these General Conditions of Sale shall not be considered a waiver of the same, nor shall it nullify the validity of the clauses not respected.
13. Contacts For any information, requests for assistance or complaints, the Customers can write and/or contact SBS S.p.A. at: SBS S.p.A. Via Circonvallazione [no street number] 28010 Miasino Italy Tel.: +39-0322-980909 Fax: +39-0322-980910 e-mail: firstname.lastname@example.org. It is noted that, in the event of complaints, SBS S.p.A. shall respond within 8 working days.
UNCONSCIONABLE CLAUSESThe Customer expressly approves, pursuant to art.s 1341 and 1342 of the Italian Civil Code, the following clauses: 2. Scope of application; 4. Subject matter of the contract and the online catalogue; 5. Payment methods; 6. Transport and delivery of products; 7. Right of withdrawal; 8. Guarantees; 9 Responsibilities of third parties; 10. Applicable law; 11. Jurisdiction; 12. Nullity and invalidity.