TERMS & IMPRESSUM
By visiting the website of Genny, you acknowledge and accept the procedures described in this Contract. The purchaser expressly declares to make the purchase for purposes unrelated to their commercial or professional activity .
The goods object of these general conditions are offered for sale by Swinger International SpA based in Bussolengo (VR), via Festara Vecchia n . 44, registered at the Chamber of Commerce of Verona no. Rea VR 164309, tax code no . IT 00881950232 VAT, hereafter "Swinger International"
1.1 The term ' contract of sale on line ' means the purchase agreement related to consumer goods of Genny, between Swinger International and the purchaser under a telematics sales system, organized by Swinger International.
1.2 The term " Purchaser" means the consumer who performs the purchase under this agreement , for purposes not related to their commercial or professional activity .
1.3 The term " Genny " means the subject named in the epigraph or the lender for information services .
2) PURPOSE OF THE CONTRACT
2.1 With this contract , respectively, the Vendor sells and the Purchaser buys at a distance through telematics means consumer goods shown and offered for sale on the site www.genny.com
2.2 The products referred to above are explained on the website : www.genny.com
3) CONCLUSION OF THE CONTRACT
The contract between Swinger International and the Purchaser is concluded dexclusively through the Internet by access of the Purchaser at www.genny.com, where, following the procedures indicated, he formalizes the proposal for purchase of goods contract for the purchase of the goods defined in paragraph 1 of the previous article.
4) EFFECTIVENESS OF AGREEMENT
4.1 The purchase contract is concluded by correctly filling the purchase form and the consensus expressed by the accession sent online or by following the checkout and payment of the selected product. This procedure, present only after viewing a printable web page order summary, is followed by a summary with information of the order and orderer, the price of goods purchased, shipping costs and any additional charges and the procedure and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2 When Swinger International receives the purchaser's order, provides an e-mail confirmation or the display of a webpage confirmation and order summary, printable, which are also reported in the retrieved data previous point.
4.3 The contract is deemed not perfected and effective between the parties at fault than indicated above.
5) PAYMENT METHOD AND REFUND
5.1 The payment by the customer can be made exclusively by credit card or an active PayPal account.
5.2 Any refund will be credited to the Purchaser by one of the arrangements proposed by Swinger International and Purchaser choice, in a timely manner and, in the case of exercising the right of withdrawal, as governed by clause 13, paragraph 2 and following of this contract , at the latest within 30 days, date on which Swinger International is aware of the termination.
5.3 All communications concerning payments are made on a separate Swinger International's line protected by encryption system. Swinger International guarantees the storage of this information as an additional layer of encryption security and in accordance with the provisions of current legislation regarding the protection of personal data.
6) TIMES AND METHODS OF DELIVERY
6.1 Swinger International will deliver the products selected and ordered, in the manner chosen by the Purchaser or listed on the website, as confirmed in the e-mails referred to in paragraph 4.2.
6.2 The time of delivery may vary from the day order to a maximum of 30 days from the confirmation of it. In the event that Swinger International is unable to ship within that period but in any event within that indicated in the following point, it will be given prompt notice to Purchaser by e-mail.
6.3 The manner, timing and shipping costs are clearly stated and well highlighted at www.genny.com
7.1 All sales prices of the products shown on the website www.genny.com, are expressed in euro and an offer to the public pursuant to art. 1336 cc
7.2 The sales prices of the previous point, include VAT and any other taxes. Shipping costs and any costs (eg. Customs clearance), if any, while not included in the purchase price must be indicated and calculated in the process prior to the order by the buyer and also content in the web page summary of your order.
7.3 The prices indicated for each item offered to the public are valid until the date indicated in the catalog.
8) AVAILABILITY OF PRODUCTS
8.1 Swinger International assures through the electronic system used processing and fulfillment without delay. To do so indicates in real time, in its electronic catalog, the number of products available and those not available, and shipping times.
8.2 If an order exceeds the amount present in stock, Swinger International will make known to the Purchaser by e-mail if the good is not fully booked or what are the waiting time to get the good chosen, asking whether it confirms the order or not.
8.3 The computer system of Swinger International confirms in the shortest possible time of the order registration by sending you a confirmation by e-mail, according to paragraph 4.2.
9) LIMITATIONS OF LIABILITY
9.1 Swinger International assumes no liability for disruptions caused by force majeure, if not able to execute the order within the time stipulated in the contract.
9.2 Swinger International shall not be liable to the Purchaser, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its sub-suppliers.
9.3 Swinger International will not be responsible for any damages, losses and costs incurred by Purchaser as a result of breach of contract for reasons not attributable to him, as the Purchaser shall only be entitled to a refund of the price paid and any additional charges incurred.
9.4 Swinger International assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, when payment for goods purchased, if it proves that it adopted all possible precautions based on the best science and experience of the moment and according to ordinary care.
9.5 In no event shall Purchaser be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner as specified by Genny.
10) LIABILITY FOR FAULT, PROOF OF DAMAGE AND DAMAGES RECOVERABLE
10.1 Under Articles. 114 et ss. of the Consumer Code, Genny is liable for damage caused by defects of the goods sold if it fails to inform the injured, within three months of the request, the identity and address of the manufacturer or the person who supplied him with the good .
10.2. The above request, by the injured party must be in writing and must indicate the product that caused the damage, the place and date of purchase; It should also contain the offer in view of the product, if it still exists.
10.3 Swinger International shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, not even allowed to consider the product as defective.
10.4 No compensation will be payable if the injured party was aware of the defect in the product and the danger entailed by it and yet has voluntarily exposed.
10.5 In any case, the damaged must prove the defect, damage, and the causal relationship between defect and damage.
10.6 The damaged may demand compensation for damage caused by death or personal injury or destruction or deterioration of property other than the defective product, provided of a type ordinarily intended private use or consumption, and so mainly used by the injured.
10.7 Damage to property in art. 123 of the Code of consumption will be, however, compensable only to the extent that exceeds the sum of EUR three hundred eightyseven (EUR 387).
11) GUARANTEES AND CONDITIONS OF SERVICE
11.1 Swinger International is liable for any lack of conformity which becomes apparent within a period of two years from delivery.
11.2 For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist:
a) are fit for the purposes for which goods of the same type are normally used;
b) comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model;
c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the property and, where appropriate, public statements on the specific characteristics of the goods made about them by the seller, the manufacturer or his agent or representative, particularly in advertising or labeling;
d) they are also particularly suitable for use the consumer requires them and which was made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
11.3 The Purchaser loses all rights if he does not denounce the seller of the lack of conformity within a period of two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
11.4 In any case, unless proved otherwise, it is assumed that the lack of conformity becomes apparent within six months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance.
11.5 In the event of lack of conformity, the Purchaser may ask, either without charge, under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or it is prohibitively expensive for the Swinger International pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request should be sent in writing, by registered mail, to Swinger International, which will indicate his willingness to act on the received request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where Swinger International accepted the Purchaser's request, must be indicated the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
11.7 If repair and replacement are impossible or excessively expensive, or Swinger International failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair carried out previously caused significant inconvenience to 'Purchaser, he will ask, at its option, an appropriate price reduction or termination of contract. The purchaser mustthen send his request to Swinger International, which will indicate his willingness to act the same, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 In the same communication , where Swinger International accepted the Purchaser's request , must be indicated the price reduction proposal or how to return the defective goods. In such cases the Purchaser must indicate how the crediting of amounts previously paid to Swinger International occur.
12.1 Purchaser agrees to pay the price of the goods purchased in the time and manner specified in the Contract .
12.2 Purchaser agrees , once the purchase process online is concluded, to print and handle the conservation of this contract .
12.3 The information contained in this contract are , however , already examined and accepted by the Purchaser, who acknowledges it, as this step is mandatory before confirmation of purchase .
13) RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to cancel the contract without penalty and without giving any reason, within 14 (fourteen) business days from the day of receipt of the goods purchased.
13.2 In the event that the trader has fulfilled its obligations to provide information on existence, methods and timing of the return or collection of the goods in the event of exercising the right of withdrawal pursuant to Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is of 90 (ninety) days starting from the day of receipt of goods by the consumer.
13.3 If the Purchaser decides to exercise the right of withdrawal, must inform the seller by registered AR Via Festara Vecchia 44, Bussolengo (VR) or by e-mail to email@example.com, provided such communications are confirmed by the sending of registered mail Via Festara Vecchia 44, Bussolengo (VR) within 48 (forty eight) hours. It shall prevail between the parties the date on the stamp from the post office receipt. To exercise the right to withdraw such notice may validly be replaced by returning the purchased, provided that the same terms. It shall prevail between the parties the date of delivery to the post office or shipping agent.
13.4 The return of goods must not in any case be later than 30 (thirty) days of receipt of the asset. In any case, to be entitled to full reimbursement of the price paid, the goods must be returned intact and in normal condition.
13.5 The Purchaser may not exercise this right of withdrawal for the purchase of audiovisual products or sealed software which have been opened by the same, as well as goods made to specifications or clearly personalized or which by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is dependent on fluctuations in the financial market that the trader is able to control and in any other case provided for by art. 55 of the Consumer Code.
13.6 The only expenses payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to Swinger International (shipping costs + duty fees), unless Swinger International do not agree to pay them.
13.7 Swinger International will free the refund of the amount paid by the Purchaser within 30 (thirty) days of receipt of notice of withdrawal.
13.8 Upon receipt of the communication by which the Purchaser announces the exercise of the right of withdrawal , the parties to this contract are dissolved by mutual obligations , except as provided in paragraphs of this article .
14) CAUSES FOR A RESOLUTION
14.1 Bonds referred to in paragraph 12.1 , assumed by the Purchaser, as well as security for the payment to the Purchaser with the media in art . 5.1 , and also the exact fulfillment of the obligations assumed by Swinger International in paragraph 6 are essential, so that by express agreement , the failure of even one of these obligations, if not caused by accident or force majeure, will result in the resolution of the contract under 1456 cc, without any judicial decision .
15) PRIVACY AND DATA PROCESSING WITH YOU
15.1 Swinger International protects the privacy of its customers and ensures that the data processing complies with the requirements of privacy legislation referred to Legislative Decree no. June 30, 2003, n. 196.
15.2 Personal data collected directly and / or through third parties by the Swinger International holder of the data are collected and processed in printed, computing, telematics, in relation to the mode treatment with the purpose of registering the order and provide him with the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any obligation of the law, and to enable efficient management of business relationships in extent necessary to perform the best service required (art. 24, paragraph 1, lett. b, Legislative Decree. n. 196/2003).
15.3 Swinger International undertakes to treat as confidential data and information provided by the Purchaser and to not disclose to unauthorized persons, nor to use them for purposes other than those for which it was collected or to transmit them to third parties. Such information can be disclosed only on request of the court or other authority authorized by law.
15.4 The personal information will be disclosed after signing of a commitment to confidentiality of the same, only to delegates to carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5 The Purchaser has the rights under Article. 7 D.L.vo 196/03, namely: the right to:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
c) confirmation that the operations in letters a) and b) have been notified, also as regards on their content, of those to whom the data were communicated or disclosed, except if this requirement is impossible or apppears as manifestly disproportionate to the protected right. The party has the right to object, in whole or in part:
i) for legitimate reasons to the processing of personal data, pertinent for collection purposes;
ii) the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.
15.6 The communication of personal data by the Purchaser is a necessary condition for the proper and timely execution of this contract. Failing that, it can be given with a request by the Purchaser.
15.7 In any case, the data collected will be kept for a period of time no longer than necessary for the purposes for which it was collected and subsequently processed. Their removal will be in safe way.
15.8 Owner of the collection and processing of personal data, is the Provider, to which the purchaser may direct at the corporate headquarters, every request.
15.9 Any communications sent to the email (including electronic) of the Centre (requests, suggestions, ideas, information, materials etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid and true information, which do not violate the rights of others, in any case can not be attributed to the Centre any responsibility on the content of the messages themselves.
16) METHOD 'OF FILING OF THE CONTRACT
Under Article 16.1. 12 of Legislative Decree 70/03, Swinger International informs the Purchaser that each order sent is stored in digital paper form on a server at the headquarters of Swinger International according to the criteria of confidentiality and security.
17) INFORMATION AND COMPLAINTS
17.1 The written direct to Swinger International and any complaints will be considered valid only if sent to the following address: Via Festara Vecchia 44 Bussolengo (VR), or sent by fax to 0456719850 or sent by e-mail at firstname.lastname@example.org. The Purchaser writes in the registration form his residence or domicile, telephone number or email address to which he wishes to be noticed by Genny.
18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to Verona Chamber of Commerce and resolved according to the Conciliation Rules adopted by it.
18.2 If either Party intends to appeal to the ordinary judicial authorities, the jurisdiction is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. n. 206/2005
19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law .
19.2 As far as not expressly provided , the rules of law applicable to the relationship and to the cases described in this agreement , and in particular Article . 5 of the Rome Convention of 1980 .
Under Article 19.3 . 60 of Legislative Decree 206/05 , is hereby expressly invoked the provisions contained in Part III , Title III , Chapter I of the Legislative Decree 206/05 .
20) FINAL CLAUSE
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.
Swinger International S.p.A.
Via Festara Vecchia, 44,
37012 Bussolengo (Verona)
Tel: +39 045 671 9811
Fax: +39 045 6719850