1. PURPOSE OF THE PRESENT DOCUMENT
The present General Conditions of sale (herein after also “General Conditions”) govern the distance selling, to end consumers (herein after also “Customers” or “Customer”), of the commercialized products (herein after “Product” or “Products”) by Epitech Group S.p.A. unipersonale (single member/shareholder Inc.) with legal seat in Milan – Italy, via Egadi n. 7, VAT No. IT03630550287 (herein after “Epitech”) through the dedicated area in the website shop.epitech.it (herein after also “Site”) following the procedures displayed in it.
The sale of Products between Epitech and the Customers shall be governed by the present General Conditions.
For the purposes of the present General Conditions, “end consumer” means any natural person who acts for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activities that they might carry out.
All purchases must be intended for personal use, being strictly prohibited the distribution and non-authorized resale of the Products made available on the present website.
2. TERMS OF EXECUTION OF THE CONTRACT
The information and details contained in the reserved area of the e-commerce Site should not be considered offers: they are simply an invitation, addressed to Customers, to do business by forwarding purchase proposals.
The proposal to purchase the Products is made by the Customers, after registering on the Site, at the time the electronic form is sent which they must complete and confirm in the order summary screen.
By sending the order form the Customer acknowledges and declares to have read all the information provided during the purchase process and to fully accept these General Conditions.
The purchase contract between the Customer and Epitech must be understood as concluded with the dispatch by Epitech, to the Customer’s e-mail address, of the confirmation that the purchase order has been received and is being executed.
Epitech reserves the right, at its sole discretion, not to proceed with any order proposal in the event that:
the data provided by the Customer upon filling the order form is incomplete or inaccurate;
the Customer could not be qualified as the final consumer;
the ordered Products are not available.
In the above cases, Epitech shall inform the Customer by e-mail that the purchase proposal has not been accepted in its entirety, or in part. In this case, Epitech will reimburse the Customer any amount already paid by the latter, but damages and/or interests shall not be reimbursed.
3. PRODUCTS AVAILABILITY
Products availability refers to the actual availability at the time the Customer places the order. This availability, however, must be considered purely indicative since:
the Products could have already been sold to other Customers due to the simultaneous presence of several people on the Site;
a system anomaly may occur, which is not attributable to Epitech, such as making a Product available for purchase when it actually is not.
Whether a part of the ordered Products should not be available and no other cause would legitimize the non-acceptance of the order proposal, Epitech will process the order proposal only for the available Products. In such an event, the Customer will also be immediately informed by e-mail about the manner and timing for the reimbursement of the amount paid for the Products that will not be delivered.
4. PRICES
The sales price of the Products are those shown on the Site, expressed in Euros and including VAT. Epitech reserves the right to modify the prices shown on the Site at any time, however the price applied to the Customer will be the one shown at the time of the order.
5. TERMS OF SHIPMENT AND DELIVERY
Epitech ships the Products by express courier.
Time of delivery could vary from 3 to 10 working days, starting from the date of the order, for all the Products available in stock.Deliveries are carried out from Monday to Friday, excluding national holidays, to the address indicated in the purchase order. The Customer is also entitled to indicate a shipping location other than the one written in the personal data. If the courier, at the time of delivery of the package, does not find anyone at the indicated address, he will leave “a delivery notice” and make a second delivery attempt the following day. If also the second delivery attempt fails, the package will be returned to Epitech, without any further notice.
If the Customer should ask Epitech to reschedule again the shipment of the Product, the Customer shall bear the shipping cost again.
Upon delivery, the Customer who deems to have received a Product damaged during the transport, must refuse the delivery, or accept it under reserve. The lack of Products, or part of them in the package, or a possible damage occurred during the transport, must be communicated to Epitech within 2 (two) working days from the date of receipt of the package, by e-mail customers-service@epitech.it or by phone +39 049 8016784.
Shipping cost for delivery will be charged to the Customer. The Customer will know the shipping amount when completing the order.
6. TERMS OF PAYMENT
The Customer undertakes to pay the price of the Products purchased through the electronic payment system Paypal.
Upon confirmation of the order, the Customer will be automatically directed to the Paypal website, where it is possible to select one of the available methods of payment.
Paypal will send Epitech a payment notice.
The fiscal document will be sent in the following ways: to customers, whose country of destination is within the European Economic Community, by e-mail to the address indicated at the time of the order for all other customers it will instead be inserted in the inside the package being shipped.
7. WITHDRAWAL RIGHT
The Customer has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 (fourteen) calendar days starting from the day of receipt of the purchased Product, according to the present General Terms and Conditions.
Before the expiry of the withdrawal time, the Customer must inform Epitech about their will to exercise their withdrawal right from the contract. For this purpose the Customer will be able to:
a) use the withdrawal form as found in enclosure I, section B of the Italian Consumer Law (download here)
or
b) provide any kind of declaration stating the explicit intention to exercise their withdrawal right, mentioning the Product, the number of the order, their address and telephone number .
The declaration or the form must be sent to the following address and/or contacts:
Epitech Group S.p.A. unipersonale
via Leonardo da Vinci 3
35030 Saccolongo (PD)- Italia
fax: +39 049 8016759
e-mail: customers-service@epitech.it
pec: pa.epitech@legalmail.it
The burden of the proof relating to the exercise of the withdrawal right falls with the Customer.
An essential condition for the Customer to exercise the withdrawal right is that the integrity of the Products, which are intended to be returned, is preserved. In particular:
- the Products must not have been used, even partially;
- the Products packaging must not be opened, tampered with or torn;
- the Products must not be returned in a packaging other than the original one.
The Customer must return the Products to Epitech using a carrier of their choice and at their own expenses, without undue delay and in any case within the term of 14 (fourteen) calendar days starting from the date on which they informed Epitech of their intention. The Customer must send the Product to the operative office of Epitech and exactly at the following address:
Epitech Group S.p.A. Unipersonale
Via Leonardo da Vinci n. 3
35030 Saccolongo (PD)- Italia
Shipping costs for returning the Products and the responsibility for the goods during shipment, as required by law, are charged to the Customer. It is therefore advisable to carefully pack the goods, where possible inserting the original packaging in a carton box and, anyhow, avoiding damage to the Product with adhesive tapes, labels, etc. The Product must be returned intact and complete with all its parts and accessories. In case of transport damage occurred during the return shipment, Epitech will communicate the damage to the Customer within 2 (two) working days after the receipt of the Product at its warehouse, enabling the Customer to file a damage report to the carrier used for the transport. The damaged goods will be made available for collection at the Customer’s expense and the withdrawal request will be canceled at the same time.
Epitech will reimburse the amount paid by the Customer, including transport costs, if any, (except for the additional costs arising from the Customer’s choice of a type of delivery other than the least expensive standard delivery offered by Epitech), within 14 (fourteen) days from the date on which Epitech was informed of the Customer’s decision to withdraw from the contract. In any case, Epitech reserves the right to withhold the reimbursement until the Customer returns the Product, in order to verify the legitimacy of the withdrawal. The reimbursement by Epitech will be done according to the method of payment used by the Customer at the time of the purchase online. In the event of a mismatch between the recipient of the Product indicated on the order form and the person who paid for the purchase, Epitech will reimburse the amount to the person who made the payment, should the withdrawal right be exercised.
If the withdrawal is partial (i.e. only for a part of the Products received in a single delivery), the refund will not include the reimbursement of the shipping costs incurred by the Customer for the delivery upon the purchase.
8. LEGAL GUARANTEE
All Products sold by Epitech through the website are covered by the legal guarantee of 24 (twenty-four) months for lack of conformity, as required by the Italian Consumer Law. To benefit from the guarantee service, the Customer must keep the document of transport and the invoice or the payment receipt that they will get with the purchased Products.
The guarantee applies to the Product that presents a lack of conformity within a 2-year period from the delivery or within the expiration date of the Product, if the Product expires before the 2-year period, provided that the Product is used and stored correctly, in respect of its intended use and as stated in the package leaflet. The Customer looses this rights if he does not report to Epitech the lack of conformity within two months from the discovery, provided that it is not a Product subject to expiry in a shorter term, in which case the defect must be reported within this shorter term.
9. PERSONAL DATA PROTECTION
With regard to all the obligations concerning the collection, use and disclosure of the Customer’s personal data, please refer to the specific information contained on the Site.
10. COMPLAINTS AND DISPUTE RESOLUTION
For any dispute arising from the trade of the Products, the Customer is invited to get in contact with Epitech in order to promptly and amicably resolve any claim.
In any case, the Customer has the right to act to protect his interests through a consumer association or to promote an out of court settlement attempt to resolve any disputes.
For the European Consumers, the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. Click here to access the online platform: http://ec.europa.eu/consumers/odr/ The right of the Customer to have recourse to ordinary jurisdiction is reserved
11. APPLICABLE LAW AND COMPETENT COURT
The general terms and conditions of sale are regulated by the Italian law and, in particular, by the legislative decree dated September 6, 2005 no. 206 (Italian Consumer Law) with specific reference to the legislation on distance contracts, as amended by the legislative decree February 21, 2014 no. 21 and by the legislative decree April 9, 2003 no. 70 on certain aspects concerning the electronic commerce.
For any dispute concerning the validity, interpretation or execution of the present General Conditions of sale the territorial jurisdiction is that of the judge of the place of residence or domicile of the Customer.
12. MODIFICATION AND UPDATE
General Conditions are accepted by the Customer in the version published at the time the purchase is done.
Epitech reserves the right, in any case, to modify the General Conditions, from time to time, also in consideration of possible regulatory changes; the updated version of the General Conditions will become effective upon publication on the Site.
13. CONTACT DETAILS
You can easily contact Epitech by:
telephone Customer Service: +39 049.8016784
e-mail: customers-service@epitech.it
fax: +39 049 8016759
Pursuant to arts. 1341 and 1342 of the Italian civil code, the Customer declares also to accept and expressly approve the provisions contained in the articles 2 (terms of execution of the contract), 3 (Products availability), 4 (prices), 5 (terms of shipment and delivery), 6 (terms of payment), 7 (withdrawal right), 8 (legal guarantee), 10 (complaints and dispute resolution), 11 (applicable law and competent court), 12 (modification and update).