General Conditions of Sale
Art. 1 - General Provisions
1. The user surfing in this area accesses Cem Elettromeccanica, accessible through the url https://www.cem-elettromeccanica.com/it/. The navigation and the transmission of a purchase order on the site imply the acceptance of the Conditions and Policies of Data Protection adopted by the site itself indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company: Cem di Romanelli Donato
Headquarter: Via A.Gramsci 28/30/32
VAT Number: 00776480733
Registered to the REA, number TA-89867
3. The user is required, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale whose terms Cem Elettromeccanica reserves the right to modify unilaterally and without any notice.
Art. 2 - Object
1. These General Conditions of Sale regulate the offer, forwarding and acceptance of purchase orders of products on Cem Elettromeccanica and do not regulate, instead, the supply of services or the sale of products by subjects different from the seller who are present on the same website through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from other parties, we suggest that you check their terms of sale.
Art. 3 - Conclusion of the contract
1. In order to conclude the purchase contract, it will be necessary to fill in the electronic form and send it following the instructions.
2. In it are contained the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that you can use, the mode of delivery of products purchased and the cost of shipping and delivery, a reference to the conditions for the exercise of the right of withdrawal, how and when to return the products purchased.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after checking the correctness of the data contained therein.
5. The user will be obliged to pay the price from the moment the online order process is completed.
6. Concluded the contract, the seller takes charge of the order for its evasion.
Art. 4 - Registered Users
1. In completing the registration procedures, the user is obliged to follow the instructions on the site and to provide their personal data in a correct and truthful manner.
2. The confirmation will exonerate in any case Cem Elettromeccanica from any responsibility concerning the data supplied by the user. The user is obliged to inform Cem Elettromeccanica promptly of any variation of his own data communicated at any time.
3. If the user communicates inaccurate or incomplete data, or even if there is a dispute by the interested parties about the payments made, Cem Elettromeccanica will have the right not to activate or to suspend the service until the relative failures have been remedied.
4. On the occasion of the first request of activation of a profile by the user, Cem Elettromeccanica will assign to the same a user name and a password. The latter acknowledges that these identifiers are the validation system of the user's accesses to the Services and the only system suitable to identify the user that the acts performed through such access will be attributed to him and will be binding on him.
5. The user is obliged to keep his access data secret and to guard them with due care and diligence and not to pass them on, even temporarily, to third parties.
Art. 5 - Availability of products
1. The availability of products refers to the actual availability at the time the user places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the confirmation of the order.
2. Even after sending the order confirmation e-mail there may be cases of partial or total unavailability of goods. In this eventuality, the order will be rectified automatically with the elimination of the unavailable product and the user will be immediately informed by e-mail.
3. If the user requests the cancellation of the order, resolving the contract, Cem Elettromeccanica will refund the amount paid within 7 days from the moment in which Cem Elettromeccanica has had knowledge of the decision of the buyer to resolve the contract.
Art. 6 - Products offered
1. Cem Elettromeccanica sells power tools, hand tools, tool cases, garden tools, safety footwear, spare parts.
2. The offer is detailed on our website at the linkhttps://www.cem-elettromeccanica.com/it/
Art. 7 - Payment methods and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In case of error Cem Elettromeccanica will inform the buyer as soon as possible allowing the confirmation of the order at the right amount or the cancellation. In any case, Cem Elettromeccanica will not be obliged to supply what has been sold at the lower price erroneously indicated.
3. The prices on the site are inclusive of VAT and do not include shipping costs. Prices are subject to change at any time. Changes do not affect orders for which order confirmation has already been sent.
4. Once you have selected the desired products, they will be added to your cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details can be changed before payment.
5. Payment can be made by Paypal, bank transfer, credit card.
Art. 8 - Delivery
1. Cem Elettromeccanica makes shipments in the whole Italian territory and in the countries of the European Union
2. Cem Elettromeccanica will make only deliveries at the user's home, provided at the time of purchase.
3. The delivery is made, for the Italian territory, generally within 2-4 days, or, if no delivery date is specified, within the estimated time at the time of selection of the mode of delivery and, in any case, within a maximum of thirty days from the date of confirmation.
4. As regards the countries of the European Union, delivery will be made in 3-5 days, and in any case, within the maximum period of thirty days.
5. If it is not possible to carry out the delivery, the order will be sent to the warehouse. In such a case, a notice will specify the place where the order is located and how to arrange a new delivery.
6. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
7. If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract.
8. As a consequence of the termination, the amounts will be refunded, including delivery costs with the exclusion of any additional costs arising from the choice of a delivery method different from the ordinary method offered without undue delay and, in any case, within 14 days from the date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
9. Shipping costs are charged to the buyer and are explicitly highlighted at the time of order placement.
Art. 9 - Transfer of risk
1. The risks relating to the products will be borne by the purchaser from the moment of delivery. Ownership of the products will be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery, should this occur at a later date.
Art. 10 - Warranty and commercial conformity
1. The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes unrelated to any entrepreneurial or professional activity carried out, this guarantee is valid provided that the defect appears within 24 months from the date of delivery of the products; that the purchaser makes a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is correctly filled in.
3. In case of non-conformity, the user who has entered into the contract as a consumer shall be entitled to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract for the goods in question and the consequent refund of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 from the date of receipt of the products.
2. In case of multiple purchases made by the buyer with a single order and delivered separately, the period of 30 days starts from the date of receipt of the last product.
3. The user who wishes to exercise the right of withdrawal of the purchase can send an email, indicating the order number and name of the user, to: firstname.lastname@example.org
4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively by transmitting the standard withdrawal form, as per Annex I, Part B, Legislative Decree 21/2014 which is not mandatory.
5. The goods will be able to be redelivered near any point sale present on the Italian territory, as indicated in our web page, as well as sent to: Cem di Romanelli Donato Via A.Gramsci, 28/30/32 74015 - MARTINA FRANCA (TA)
6. The goods must be returned intact, in original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum of 14 days, including any shipping costs.
7. As provided by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of goods or until the demonstration by the buyer to have returned the goods.
8. The right to recess will not be applied in case the services and products of Cem Elettromeccanica are included in the categories of the art. 59 of the D.Lgs 206/2005.
9. The site will make the refund using the same means of payment chosen by the buyer during the purchase process. In the case of payment by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to carry out the refund.
Art. 12 - Data processing
Art. 13 - Safeguard clause
1. Should any of the clauses of these General Terms and Conditions of Sale be null and void for any reason whatsoever, this will not affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.
Art. 14 - Contacts
1. Any request for information can be sent by e-mail to the following address email@example.com, by phone to the following address: 0804832046, and by mail to the following address: Via A.Gramsci, 28/30/32 74015 - MARTINA FRANCA (TA)
Art. 15 - Applicable law and jurisdiction
1. These General Terms and Conditions of Sale are governed by and construed in accordance with Italian law, without prejudice to any other overriding mandatory provision of the purchaser's country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian jurisdictional authority. In particular, if the user has the status of consumer, any disputes will be resolved by the court of the place of domicile or residence of the same under the applicable law.
These terms and conditions are dated 01/02/2021.