GENERAL TERMS AND CONDITIONS OF SALE
The offer and sale of products made on the website www.metaborg.io are governed by these General Terms and Conditions of Sale. The Customer is required, before submitting his or her purchase order, to carefully read these General Terms and Conditions of Sale. Forwarding the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and what is indicated in the Order Form. The Customer is obliged, once the online purchase procedure has been completed, to print and keep these general terms and conditions of sale and the relative order form, already viewed and accepted.
1. OBJECT
1.1 These General Terms and Conditions of Sale relate to the sale of products made online through an e-commerce service on the site www.metaborg.io.
1.2. Products sold on the site can only be purchased and delivered in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the order processing procedure.
2. SUBJECT
2.1 The products are sold directly by the company Metaborg with registered and administrative office in Italy, in Via Fratelli Alessandri 24 – Verona (VR ).For any request for information, you can contact us directly: by email at the following address: info@metborg.iovia mail at the following address:MetaborgVia Fratelli Alessandri 24 – Verona (VR )Italia
2.2 The products are sold to the Customer identified by the data entered when filling in and sending the order form in electronic format with contextual acceptance of these General Conditions of Sale.
2.3 The product offers on www.metaborg.io are intended for customers over 18 years of age. If you are under 18 years of age in order to purchase on www.metaborg.io, you must first have the consent of one of your parents or legal guardian. Remember: this applies at all times, not only to our site, but to all sites you visit on the Internet: when surfing the Internet you see or are asked for information that you do not understand or that is unclear to you, always ask your parents for help.By placing an order through this website, you warrant that you are of legal age (18) and have the legal capacity to enter into binding contracts.
2.4 The Customer is prohibited from entering false, and/or invented, and/or fictitious names in the online order process and in further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
2.5 By accepting these Terms and Conditions of Sale, you also release the Seller from any liability arising from the issuance of erroneous tax documents due to errors in the data you provided when placing the online order, since you as the customer are solely responsible for their correct entry.
3. THE SALE THROUGH THE ELECTRONIC COMMERCE SERVICE
3.1 The online sales contract is understood to be the distance contract for the sale of movable goods concluded between you, as the Client, and Metaborg, as the Seller, in the context of an electronic commerce service organised by the Seller which, for this purpose, uses the remote communication technology known as the Internet.
3.2 In order to conclude the contract for the purchase of one or more Products, you must fill in the electronic order form (hereinafter Order) and send it to the Seller through the Internet following the relevant instructions.
3.3 The Order contains:
a reference to these General Conditions of Sale; information and images of each Product and its price; the means of payment that you may use;
a reference to the conditions for exercising your right of withdrawal; the methods and times for returning the purchased products.
3.4 Although Metaborg constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to reduce inaccuracies to a minimum, some variations are always possible due to the technical characteristics and colour resolution characteristics of the computer you are using. Consequently, the Vendor shall not be liable for any inadequacy of the graphic representations of products displayed on the Site if due to the aforementioned technical reasons, since such representations have merely an illustrative function.
3.5 Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the Information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives your Order Form via the Internet, after checking the correctness of the data relating to your order.
3.7 The language available for concluding the contract with the Seller is English and the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will take charge of your Order for its execution.
4. FULFILLMENT OF THE ORDER
4.1 By transmitting the Order through the Internet, you unconditionally accept and undertake to observe these General Conditions of Sale in your relations with the Seller.
4.2 Upon conclusion of the contract, the Seller will send you an Order Confirmation by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The Seller may, prior to sending the Order Confirmation, request additional information on the Order sent by you through the Internet by e-mail or by telephone indicated by you.
4.4 The Seller may not process your purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or if the products are not available. In these cases, we shall inform you by e-mail that the contract is not concluded and that the Vendor has not carried out your Order specifying the reasons thereof.
4.5 If the products presented on the website are no longer available or on sale after the Order has been sent, the Seller shall inform you promptly and in any event within thirty (30) working days from the day after the day after you have sent your Order to the Seller of the unavailability of the ordered Products. In this case, the sum previously committed to the Client’s means of payment will be released.
4.6 The Seller agrees to deliver the ordered products to the Client within and no later than 30 days from the date of the conclusion of the contract.
4.7 Each sale made by the Seller through the online sales service may concern one or more products, based on the quantity available for each item.
4.8 Metaborg reserves the right to refuse orders from a client with whom a legal dispute is pending relating to a previous order. This applies equally to all cases in which Metaborg considers the client to be unsuitable, including, by way of example, the case of previous breaches of contractual conditions for online purchases on the Site or for any other legitimate reason, especially if the client has been involved in fraudulent activities of any kind.
5. SALE PRICES
5.1 Unless otherwise indicated in writing, all prices of the Products indicated on the website and in the Order shall be deemed to include VAT and are expressed in Euros. The validity of the indicated prices is always and only that indicated on the website at the time the Order is transmitted through the Internet. The prices of the Products may vary without prior notice. Therefore, please check the final sale price before placing your Order.
5.2 All the Products are shipped directly from Italy. The prices of the Products indicated on the website and in the Order, unless otherwise specified, are not inclusive of any costs related to customs duties and relevant taxes, which cannot be calculated in advance, if the shipment takes place in non-EU countries or in countries where the regulations in force provide for import charges. In this case, the existence of any additional costs indicated above will be clearly mentioned when placing and reviewing the Order, it being understood that the exact amount of such costs will be communicated by the Carrier to the Customer at the time of delivery of the Products.
5.3 These costs are therefore borne by the Customer and shall be paid directly at the time of delivery of the Products, according to the indications specified in the Order Confirmation.
6. PAYMENT METHODS
For payment of the price of the Products, you may follow one of the methods indicated in the order form on the website www.metaborg.io and which are summarised below.
6.1 Credit Card
6.1.1 The payment system currently accepts payments through Pay Pal and Visa, Mastercard, Discover, American Express, Aura card circuits; rechargeable PostePay cards are also accepted. In the case of the purchase of goods with Credit Card payment method, at the conclusion of the online transaction, the bank of reference will authorise the crediting of the amount relative to the purchase made.
6.2 In the case of cancellation of the order, either by the Client or in the case of non-acceptance of the same by Metaborg, having paid through Pay Pal Metaborg will issue a refund through the same . For all other types of payment Metaborg will provide the refund directly.
6.3 Metaborg reserves the right to request additional information from the Client (e.g. landline phone number) or to send copies of documents proving the ownership of the Card used. In the absence of the requested documentation, Metaborg reserves the right not to accept the order.
6.4 At no time during the purchase process is Metaborg able to know the information relating to your credit card (e.g. credit card number or expiration date), transmitted via a connection protected by encrypted protocol directly to the site of the party handling the electronic payment (Paypal). No computer file of the Seller will retain such data.
6.5 Under no circumstances, therefore, may the Seller be held liable for any fraudulent and undue use of credit and prepaid cards by third parties.
7. SHIPMENTS AND DELIVERY OF PRODUCTS
7.1 Each shipment contains:
the product(s) ordered
the relevant transport document/accompanying invoice or receipt;
any accompanying documentation required depending on the country of dispatch
any information and marketing material.
7.2 The delivery of the Products purchased through the Seller’s website may take place in different ways.
7.3 Delivery to the Customer’s home
7.3.1 The purchased Products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order.
7.3.2 Upon receipt of the goods at your domicile, we ask you to check the integrity of the packages upon delivery by the courier. In the event of anomalies, you shall have the courier detect and note them exactly and reject the delivery. Otherwise, the possibility of asserting your rights in this respect shall lapse.
8. RIGHT OF WITHDRAWAL
8.1 Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out), shall have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, by notifying the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods. The deadline shall be deemed to have been met if the Customer returns the goods before the expiry of the 14-day period.
8.2 To exercise this right, the Client must send Metaborg a communication to this effect, within 14 working days from the date of receipt of the goods. This communication must be sent by registered letter with return receipt, addressed to
Metaborg
Via Fratelli Alessandri 27
37124 Verona (VR)
E-mail: info@metaborg.io
or by telegram or fax or e-mail always sent within the aforementioned term of 10 days and followed by a confirmation by registered letter with acknowledgement of receipt, sent within the following 48 hours. Once the above-mentioned notice of withdrawal has been received, the Customer Service will promptly provide the Customer with instructions on how to return the goods, which must be received by Metaborg within 10 days from the authorisation.IMPORTANT: no returned goods will be accepted, if not authorised for return.
8.3 The right of withdrawal is however subject to the following conditions: the right shall apply to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product; the purchased goods must be intact and returned in their original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in accordance with the law, the shipping costs related to the return of the goods shall be borne by the customer; In accordance with the law, the shipping costs related to the return of goods are at the expense of the customer; the shipping, until Metaborg’s acknowledgement of receipt, is under the complete responsibility of the customer; in case of damage to the goods during transport, Metaborg will notify the customer (within 5 working days of receipt of the goods at its premises), to allow him to file a timely complaint against the carrier of his choice and to obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously cancelling the request for withdrawal; Metaborg. is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;upon its arrival at our premises, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original packaging is damaged, Metaborg will deduct from the refund due a percentage, but no more than 10% of the same, as a contribution to the costs of restoration.
8.4 Without prejudice to any costs of restoration for ascertained damage to the original packaging, Metaborg will refund the client the full amount already paid, within 30 days of the return of the goods, by Bank Transfer. It will be the client’s responsibility to promptly provide the bank details on which to obtain reimbursement (IBAN code of the current account of the invoice holder).
8.5 The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the good (packaging and/or its content), in cases where Metaborg ascertains: the lack of the external packaging and/or the original internal packaging; the absence of integral elements of the product; damage to the product for causes other than its transport. In the case of forfeiture of the right of withdrawal, Metaborg will notify the Client by registered letter with return receipt; the product will remain at the disposal of the Client at the offices of Metaborg for a period of 30 (thirty) days from the date of sending the registered letter. After this period the product will be disposed of without further notice.
9. WARRANTIES
9.1 The defect must be communicated by the Client to Metaborg, under penalty of forfeiture, within two months from the date on which he discovered the defect and the action against the seller is prescribed in any case within twenty-four months from delivery of the Product.
9.2 The warranty is provided within the terms of the law in force ( 24 months ). If the defect is not covered by the manufacturer’s legal warranty, the Client will be charged for any costs of verification and restoration required, as well as transport costs, if incurred by Metaborg.
9.3 In the event of a conformity defect, Metaborg will provide, at no cost to the Client, for the restoration of conformity of the product through repair/replacement or reduction of the price, up to the termination of the contract. If the defect does not subsequently prove to be a conformity defect in accordance with articles 128 et seq. of Legislative Decree n.206 /2005, the Customer will be charged for any costs of verification and restoration required, as well as transport costs if incurred by Metaborg.
9.4 In the event that, for any reason, it is not able to return a product under warranty (restored or replaced) to the Customer, Metaborg may proceed at its own discretion to refund the full amount paid.
9.5 No damages can be claimed from Metaborg for any delays in making replacements.
9.6 In cases where the application of warranties provides for the return of the product, the product must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment.); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided.
10. COMPLAINTS AND CONTACTS
Any complaints should be addressed to:
Metaborg
Via Fratelli Alessandri 27
37124 Verona (VR)
E-mail: info@metaborg.io
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and consents to the fact that all communications, notifications, attestations, information, reports and, in any case, any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of purchase, with the possibility of downloading the information on a durable medium in the manner and within the limits provided for by the Site.
12. PRIVACY
You can obtain information on how we process your personal data by accessing our Privacy Policy.
13. APPLICABLE LAW, SETTLEMENT OF DISPUTES AND COURT OF JURISDICTION
13.1 These General Terms and Conditions of Sale are governed by and construed in accordance with the laws of Italy, without prejudice to any other overriding mandatory provision of the country of habitual residence of the Customer. Accordingly, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian courts. In particular, should the Customer have the status of Consumer, any disputes shall be resolved by the Court of the place of domicile or residence of the same in accordance with the applicable law or, at the choice of the consumer in the event of an action brought by the consumer himself, by the Court of Verona. Should, on the other hand, the Customer act in the exercise of his entrepreneurial, commercial, handicraft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Verona.
14. MODIFICATION AND UPDATE
The Seller may make modifications or amendments to these General Sales Conditions at any time. Therefore, the Customer shall only be required to accept the General Sales Conditions in force at the time of the relevant purchase. The new General Terms and Conditions of Sale shall be effective as of the date of publication on the website www.metaborg.io and in relation to purchase orders submitted after that date.
