Terms and conditions
GENERAL CONDITIONS OF ONLINE SALES
HighTech S.r.l., with registered and administrative headquarters in Milan, Via Privata A. Meucci n. 39 – 20128 and VAT number 06261740150, registered in the Milan Company Register no. MI146-209213 (“HighTech S.r.l.”), is the owner of the site http://www.cargomilano.it.
These general conditions of sale (“General conditions”) apply to the purchase of products at a distance and are governed by the Consumer Code (Legislative Decree no. 206/2005), section II Distance contracts (articles 49 – 67) and the rules on electronic commerce (Legislative Decree no. 70/2003).
“General Conditions of Sale”: these general conditions apply to all purchases of products made through the Site.
“Online sales contract” or “Contract”: is the sales contract regarding individual goods stipulated between the user and the Seller within the scope of this remote sales system via telematic tools.
“Buyer“: is the natural person who enters into the online sales contract or the user who purchases the products referred to in this contract.
“Seller” and “Site”: are the owner of the website, available at the URL http://www.cargomilano.it through which the products are displayed and made available to the use of interested consumers and professionals.
“Third parties”: are all those subjects who provide ancillary services to those for the sale of products referred to in the Online Sales Agreement such as, by way of example, carriers (GLS, Bartolini etc.), system providers for online commerce (e.g. Shopify), online payment service providers (Paypal, Stripe, MasterCard, Visa) or the sale of products by parties other than the seller who are present on the same site through links, banners or other hyperlinks.
“Products”: are all the design products of various kinds present on the Site.
ART. 1 – GENERAL CONDITIONS
1.1 The transmission of a Purchase Order on the Site implies acceptance of the General Conditions. The user is required to carefully read these General Conditions, which are generally and unequivocally accepted at the time of purchase.
1.2 The user is invited to keep the General Conditions. In the event of changes to the General Conditions, the General Conditions published on the Site at the time the Order is sent will apply to the Order.
ART. 2 – OFFER TO THE PUBLIC
2.1 The products and their prices presented on the Site constitute an offer to the public in accordance with the methods specified in the General Conditions and on the Site itself. The conditions of this offer apply exclusively to purchases made on the Site.
ART. 3 – CONTRACT
3.1 The Buyer can purchase the Products on the Site by respecting the technical access procedures illustrated therein. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
3.2 Each Order implies acceptance of the Information, legal and privacy, and constitutes an offer to purchase the Products offered on the Site. It contains the details of each Product and its price, delivery costs and references to the pages “Terms and Conditions” and “Right of Withdrawal”.
3.3 Before concluding the Contract, the Purchaser will be asked to confirm he/she has read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
3.4 The Order sent by the Buyer has the value of a contractual proposal and involves full knowledge and full acceptance of these General Conditions. Each Purchase Agreement stipulated between the Buyer and the Seller must be considered concluded with the acceptance of the Order by the Seller who reserves the right to refuse the Order by notifying the Buyer within 10 days.
3.5 Once the desired Products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details may be changed before payment.
3.6 The Buyer will be obliged to pay the price from the moment in which the online order forwarding procedure is completed. This will be done by clicking on the “buy” button at the end of the wizard.
ART. 4 – REGISTRATION
4.1 In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide personal data correctly and truthfully.
4.2 The confirmation will in any case exempt the Seller from any responsibility regarding the data provided by the user. The user undertakes to promptly inform the Seller of any changes to his / her data at any time communicated.
4.3 If the user communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments, the Seller will have the right not to activate or suspend the service until the related deficiencies are rectified.
4.4 When the user activates a new profile, the Seller will assign the same a username and password. These identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user. The acts performed through such access will be attributed to the user and will have binding effect towards him/her.
4.5 The user undertakes to maintain the secrecy of his/her access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
ART. 5 – PRODUCTS AVAILABILITY
5.1 The availability of the Products refers to the actual availability at the time the Buyer places the Order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the actual availability of the individual Products could vary significantly during the same day and the Products could be sold to other customers before confirming the Order.
5.2 Even after sending the Order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the Order will be automatically rectified with the elimination of the unavailable Product and the buyer will be immediately informed via e-mail.
5.3 If the buyer requests the cancellation of the Order, by withdrawing from the contract, the Seller will refund the amount paid within 30 days from the moment in which the Seller became aware of the buyer’s decision to withdraw from the contract.
ART. 6 – PRICES
6.1 The price shown on the Site at the time of conclusion of the Order is applied to the products, without any consideration of any price changes that have occurred subsequently or previously offered.
6.2 Prices are subject to change at any time. The changes do not concern orders for which order confirmation has already been sent, except in the case of an obvious error in the indication of the price.
6.3 In the event of an error, the Seller will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, the Seller will not be obliged to supply what was sold at the lower price incorrectly indicated.
6.4 All prices for deliveries in Italy and the European Union include VAT, the delivery / assembly costs are shown separately at the time of the Order. Customs duties, VAT or other taxes relating to the import of products to countries outside the European Union are the responsibility of the Buyer.
ART. 7 – ORDER
7.1 The Buyer is invited to verify the correctness of the data and to immediately notify HighTech S.r.l. any corrections. It is forbidden to enter false or third-party personal data when completing the order. Possible increase in costs caused by errors in the data not reported promptly will be borne by the Buyer.
7.2 The contract is considered concluded upon confirmation of the order by HighTech S.r.l. by e-mail specifying the order reference, the products ordered, the prices and shipping costs.
7.3 HighTech S.r.l. reserves the right not to confirm an order in the event of product supply problems or other issues concerning the order itself.
7.4 If the payment has already been made and the order is canceled, HighTech S.r.l. will carry out the relative reimbursement.
ART. 8 – PAYMENT
8.1 Payment can be made online using the methods specified on the Site – credit card, PayPal, Satispay, Stripe or by bank transfer, using the bank details specified in the order confirmation email.
8.2 HighTech S.r.l. will issue an invoice only if requested in advance by the Buyer and at the same time as the order confirmation and payment of the ordered products has been made: in case the data provided or the indications for delivery are incorrect, any additional costs will be borne by the Buyer.
8.3 Any customs duties, VAT or other taxes relating to the import of products to non-EU countries will be paid directly to the carrier upon delivery.
8.4 Payment can be made using one of the methods indicated in the purchase procedure by the Seller. The payment systems are provided by Third Parties and, therefore, in this regard, the Seller cannot be held liable for any liability. Any refunds will be made by the Seller using the same payment method chosen by the Buyer at the time of the Order.
ART. 9 – DELIVERY: HOW AND HOW MUCH
9.1 HighTech S.r.l. delivers only in the areas specified on the Site. The relative rates can be consulted on the deliveries page (link su “deliveries”); for delivery services, quotations, assembly and collection, the Buyer must contact HighTech S.r.l. The user is invited to print or keep the delivery and assembly rates.
9.2 If High Tech issues an invoice for the items purchased, the original document will be sent via the SDI system and the courtesy copy via email to the email address indicated during registration. The information provided in the order confirmation are valid for the invoice. No data changes will be possible after the invoice has been issued.
9.3 Shipping and assembly costs, the amount of which may vary according to the delivery and payment methods, as well as the place of destination and the total amount of the Order, are charged to the Buyer and are explicitly highlighted at the time of Order confirmation.
9.4 HighTech S.r.l. will communicate the availability of the items in the order at its warehouses, agreeing on a delivery date by carrier / a pickup date by the Buyer. Once the payment of the full amount and the availability of the product have been verified and recorded, the shipment will take place within the following 5 working days; the collection must be made within 15 days of order confirmation.
9.5 The Seller does not undertake any commitment or guarantee the certainty of immediate delivery of the Products purchased and indicated as available on the Site and therefore will in no case be responsible for any delays in delivery.
9.6 No responsibility can be attributed to HighTech S.r.l. in case of delay in delivery.
Delivery will take place in the manner highlighted in the order, and is intended at street level and without assembly unless otherwise specified.
9.7 Deliveries are entrusted to the carrier identified from time to time on the basis of the reference area. In particular, the courier will make the delivery to the Buyer or to the recipient of the Order and will request them to sign an electronic receipt (in the absence of a terminal, it could be paper). This electronic (or paper) receipt will constitute proof of delivery by the Seller, and receipt by the Buyer, or the recipient of the Order, of the Products ordered. Deliveries are made on working days (Monday to Friday). The carrier makes an attempt to deliver the items to the address indicated by the Buyer. In the event that this attempt is not successful, the items will remain in stock at the warehouse, and the Buyer, or the recipient of the Products ordered, will receive a notice of attempted delivery.
9.8 In case of collection at Cargo store, for each day of delay attributable to the Buyer and in the absence of different agreements, a deposit fee of Euro 2.50 per day will be applied, which will be charged to the Buyer.
9.9 Upon delivery of the items, we ask you to check that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal straps), and that the items are intact.
9.10 In the event of obvious damage to the packaging and / or items, the Buyer may refuse delivery of the items themselves, which will be returned to HighTech S.r.l. without any additional expense.
Once the delivery document has been signed, the Buyer will not be able to make any objection about the external characteristics of the products delivered.
9.11 Any problem concerning the physical integrity, correspondence or completeness of the products received must be promptly reported to HighTech S.r.l. for the activation of the warranty conditions. In particular, in the event that the delivered goods show any damage presumably caused by transport, the Buyer can refuse the delivery and immediately notify the Seller, who will make the necessary complaints to the shipper, arranging for a new shipment once received the return of the disputed goods. In the event that the Buyer still decides to accept the goods for delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard his/her rights, he/she must challenge the courier for the unsuitability of the package, writing “RESERVE OF CONTROL OF GOODS DUE TO… ” (indicating the reason for the reservation) on the delivery document, of which he/she must keep a copy. The Buyer undertakes to report any and all inherent problem the physical integrity, correspondence or completeness of the Products received promptly and in any case no later than 8 (eight) days from the date of delivery to the Seller, by electronic communication to be sent to the addresses email@example.com and firstname.lastname@example.org.
9.12 If the Purchaser prefers to personally pickup the ordered products, once he/she has received the communication that the goods are ready and available, he/she can go to Cargo (with no need to arrange an appointment) at the following times: from Tuesday to Friday 14:00 – 19.30, Saturday and Sunday 10.30 – 19.30.
ART. 10 – RISK TRANSFER
10.1 The risks relating to the Products will be borne by the Buyer from the moment of delivery of the Products by the carrier. The ownership of the Products is considered acquired by the Buyer as soon as full payment of all amounts due in relation to the same has been received, including shipping costs, or at the time of delivery, if this occurs at a later time.
ART. 11 – WARRANTY
11.1 All items sold on the HighTech S.r.l. have a commercial warranty limited to a period of 24 months from the date of purchase, as required by the Consumer Code. Within this period of time, any product defects duly documented and supported by the purchase receipt will give the right to have them replaced or refunded.
11.2 If the Buyer, pursuant to art. 130 and 132 of Legislative Decree 206/2005, has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect of the Product occurs within 24 months from delivery date of the Products and that the Buyer presents a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized. The online return form must be correctly filled in. In the absence of the cumulative presence of these conditions, the Buyer forfeits the benefits recognized by Legislative Decree 206/2005.
11.3 It is specified that the warranty in question do not apply to the non-Consumer Client (Professional Client and / or Contract), for which only the Legal guarantee term equal to 12 months from the delivery of the product will apply.
11.4 In case of non-compliance, the Buyer who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the Products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent refund of the price.
11.5 All descriptions provided on the E-Commerce Shop by the Seller regarding the functioning of the Products are only indicative and do not represent a guarantee towards the Buyer. The Buyer indemnifies the Seller from any liability for personal injury, work or other injury resulting from the use of any product sold and the Seller will in no case be held liable for special, incidental or consequential damages, including but not limited to damages or loss of goods or Buyer’s claims that may arise and / or result from the sale, installation or use of these Products.
11.6 All return costs for defective Products will be borne by the Seller.
11.7 Some finishes of furniture and accessories, as well as the personalized coloring, are handcrafted: slight variations in color are to be considered part of the production process and elements of uniqueness.
ART. 12 – RIGHT OF WITHDRAWAL
12.1 Pursuant to art. 52 of the Consumer Code (Legislative Decree 206/2005) and subject to the exclusions referred to in art. 59 of the same Code, the consumer has the right to withdraw without any penalty, without specifying the reason and without having to incur costs other than those provided for in these Conditions, within the term of 14 (fourteen) days from the day on which the Purchaser or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the package containing the ordered goods or, in the case of the purchase of multiple goods ordered by the Buyer in a single Order and delivered separately, from the acquisition of physical possession of the good.
12.2 The withdrawal is exercised through the methods specified in the “Right of withdrawal” section of the Site.
The right of withdrawal is subject to the following conditions:
1) the law applies to individual items purchased in their interest;
2) the purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and ancillary documentation);
3) the shipping costs for returning the product are charged to the Buyer; the shipping is under Buyer’s full responsibility.
12.3 If the right of withdrawal has been correctly exercised, HighTech S.r.l. will refund the entire amount already paid, within 30 (thirty) days of receipt of the notice of withdrawal. The refunded amount will be net of the costs for the delivery of the items.
12.4 The right of withdrawal is excluded in relation to the hypotheses referred to in art. 59 of the Consumer Code and, in particular, with reference to the purchase of out-of-catalog goods, expressly ordered from the supplier at the request of the Buyer, the clearly personalized Products, the Products registered or dated at the time of sale or supply of sealed goods which cannot be returned for hygienic reasons and related to health protection and which have been opened after delivery.
12.5 To exercise the right of withdrawal, the Buyer is required to inform High Tech S.r.l., Via Privata A. Meucci n. 39 – 20128 Milan (MI) about the decision to withdraw from the contract through an explicit declaration by sending an e-mail to the following address: email@example.com. To this end, the Buyer can alternatively use the appropriate format available in the personal area or the withdrawal form provided for in Annex I part B of Legislative Decree 21-2-2014 n. 21, with the following content:
Recipient: CARGO, via Privata Antonio Meucci n. 39, 20128 Milan (MI), e-mail: firstname.lastname@example.org; pec: email@example.com
Hereby, the undersigned __________ notifies the withdrawal from the purchase contract of the following goods: [insert a description of the products purchased], ordered on _________ (or received on __________).
12.6 To comply with the withdrawal deadline referred to in art. 12.1 of these Conditions, it is sufficient that the Buyer sends the communication relating to the exercise of the right of withdrawal before the expiry of the period itself – art. 54, co. 2 Legislative Decree 206/2005.
12.7 In the event of withdrawal, the Buyer may return the ordered Products by sending them by courier of his/her choice to CARGO (via Meucci 39, 20128 Milan) without undue delay and in any case within 14 (fourteen) days from the date on which he/she communicated to the Seller his/her decision to withdraw from the contract – art. 57, co. 1 Legislative Decree. 206/2005.
12.8 The aforementioned deadline is deemed to be met if the Buyer sends back the goods before the expiry of the period of 14 (fourteen) days from the date on which he/she communicated to the Seller his/her decision to withdraw from the contract.
12.9 If the Buyer withdraws from this contract, he/she will be reimbursed for all payments he/she has made to the Seller, including delivery costs (except for the additional costs deriving from the Buyer’s choice of a delivery method other than the least expensive means of delivery offered by the Seller pursuant to art.56 paragraph 2 of the aforementioned Law), without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller was informed of the decision to withdraw from this contract. These refunds will be made using the same payment method used by the Buyer for the initial transaction. In any case, the Buyer will not have to incur any costs as a result of this refund.
12.10 The Seller has the right to withhold any sum until the goods have been received or until the Buyer has demonstrated that he/she has returned the goods, depending on which situation occurs first – art. 56 of Legislative Decree 206/2005.
12.11 The direct cost of returning the goods, i.e. shipping costs and any other related expenses, as provided for by art. 57 of Legislative Decree 206/2005.
12.12 The Products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them.
12.13 The Buyer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods – Article 57, paragraph 2 of Legislative Decree. 206/2005.
12.14 The Seller only accepts parcels or registered mail sent correctly and does not accept – under any circumstances – parcels with shipping to be paid by the recipient. Any risk associated with the return of the Products will be exclusively borne by the Buyer.
12.15 The provisions referred to in this article are reserved for subjects identified as consumers pursuant to Legislative Decree 206/2005 with the exclusion of all other subjects.
ART. 13 – PROCESSING OF PERSONAL DATA
13.1 Customer data are processed by HighTech S.r.l. in accordance with the provisions of the legislation on the protection of personal data, as specified on the dedicated page.
ART. 14 – SAFEGUARD CLAUSE
14.1 In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
ART. 15 – COMMUNICATIONS
15.1 Any communication can be addressed to HighTech S.r.l., at the addresses indicated in the Contacts section.
ART. 16 – JURISDICTION
16.1 Any disputes will be resolved before the competent judicial authority based on the applicable legislation.
ART. 17 – INTELLECTUAL AND INDUSTRIAL PROPERTY
17.1 HighTech S.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog and, in particular, the photographs for which it has obtained the necessary authorizations from the persons concerned. Consequently, the partial or total reproduction, on any type of support, of the elements that make up the site and the catalog, their use and their transfer to third parties are formally prohibited.
ART. 18 – ONLINE DISPUTE RESOLUTION FOR CONSUMERS
18.1 The European Commission has set up an online platform that provides an alternative resolution tool for disputes arising from contracts for the sale of goods and services entered into online in a non-judicial manner. The platform is available at the following link http://ec.europa.eu/consumers/odr/. HighTech S.r.l. is available to answer any question sent by email to the email address published in this document.