Conditions of Sale
1. DEFINITIONS
Offitel 4.0 s.r.l.s.: (below only Offitel 4.0), and
means the company with registered office in 00071 Pomezia – via Pietro Nenni 26 A and operational and management headquarters in 00071 Pomezia (RM) – Via Varrone 16/18 in 00071 Pomezia (RM) – VAT number and tax code 16365921002
Buyer: means the user, consumer or not, who sent an order electronically to Offitel 4.0 and/or has concluded a sales contract with the latter, concerning the purchase of the Product;
Product: means the product on sale on the Offitel.it website;
Consumer: means any natural person acting for purposes which do not fall within the scope of his commercial activity, industrial, artisanal or professional;
Site: means the site published at Offitel.it;
General conditions of Sale: represent the general conditions of sale that apply to all sales of goods and/or supplies of services in execution of Purchase Orders.
2. INFORMATION PURSUANT TO ART. 12 D. LGS. N. 70/2013
2.1 Offitel 4.0 wishes to make available
of the Buyer the following information:
a) the various technical phases to follow for the conclusion of the contract are:
after selecting the product category of interest (Informatica, TV Audio e Video, Electronics, Gaming, Video games, Cash Registers, Management Software, Fiscal printers, Peripherals…..), a drop-down menu opens in which you must select the type of product you are interested in. You can proceed with the purchase by first clicking on the button “BUY”, then up “PROCEED WITH THE ORDER” (at this stage it is also possible to purchase further services).You can then proceed with the payment by clicking on the button “PROCEED WITH THE ORDER” e, after providing shipping and payment information, the conclusion of the order and payment is reached;
b) the concluded contract is then archived and can be accessed according to the following methods;
when the order is sent, a summary of the same is sent via e-mail; by accessing your DASHBORD, you will find the summary of the same under the heading “Your Orders ” where the processing status can be checked;
c) the technical means made available to identify and correct data entry errors before forwarding the order to Offitel 4.0 are the following:
before the button “PROCEED WITH THE ORDER” it is always possible to review and/or modify your data without leaving the page or going back;
d) the Code of Conduct to which Offitel 4.0 adheres is as follows;
Code of Conduct
e) the languages available to conclude the contract in addition to Italian:
the sales contract can be concluded in Italian;
f) the indication of dispute resolution tools:
– Italian law is exclusively applicable to the contract;
– for consumers resident or electively domiciled outside the territory of the Italian State, exclusively competent, the Court of Rome decides on any disputes;
– for consumers resident or electively domiciled in the territory of the Italian State, the competent court will be that of their residence or elective domicile.
These conditions are printable and saveable.
3. GSC FIELD OF APPLICATION – ACCEPTANCE OF THE GCS
3.1 These general conditions of sale (“CGV”) govern the conditions to be applied to all orders sent and contracts concluded electronically between OFFITEL 4.0 and the Buyer within the electronic commerce system set up and managed by OFFITEL 4.0 on the Offitel.it website.
These GCS may be modified, at any time and without notice from Offitel 4.0 and will be binding on the Buyer from the moment of their publication.
Incoterms also constitute an integral and substantial part of the contractual relationship 2013 duly referred to in these GCVs
3.2 The sales system is allowed:
a. only to people who at the time of the order have completed i 18 (eighteen) years. By purchasing on the Site the Buyer therefore declares to be of age;
b. to individuals who have registered on the site.
3.3 The Buyer, by sending the order electronically: (i) confirms that you have read the GSC and accept them and (ii) to waive the application of any own purchase conditions.
3.4 We do not accept orders sent from non-EU countries or whose delivery must be made in non-EU countries, with the exception of the United Kingdom.
4. TITLE
4.1 Registration on the Site (ACCOUNT SECTION) is mandatory to make purchases.
4.2 The Buyer must register by completing the appropriate registration form following this procedure:
“ACCOUNT”>” LOG IN TO OFFITEL”> “CREATE AN ACCOUNT”
4.3 The Buyer undertakes to provide their personal data correctly and truthfully and to communicate, promptly, any variations thereof. The processing of the Buyer's personal data – provided and collected during registration and/or execution of the contract – is carried out in accordance with Offitel's information on the processing of personal data 4.0 https://www.offitel.it/privacy
4.4 In the process of registering, the Buyer must indicate their name and surname and choose their Username (or indicate your e-mail) and Login password. By logging into your ACCOUNT, the Buyer may modify, everytime, your password and give or revoke the consent given to receiving the Offitel newsletter 4.0.
4.5 Identification codes (Username e Password) they must be used every time you wish to access your account to check the status of orders placed. The Buyer acknowledges that the Username and Password constitute suitable means to identify the Buyer when accessing Offitel.it; therefore all actions carried out using the aforementioned identification codes will be attributed to him and will have binding effect on him.
4.6 The Buyer undertakes to keep his Username and Password with the utmost confidentiality and diligence and not to transfer them, even temporarily, to third parties.
4.7 Offitel 4.0 reserves the right to suspend the access and sales service:
a) in the event that the Buyer communicates inaccurate or incomplete data; in this case, access to the Site will be deactivated until the Buyer carries out the requested modification and/or update.;
b) where disputes are received from credit institutions, banks, of cardholders regarding the payment(s) made by the Buyer;
c) where the Buyer uses the system improperly;
4.8 The Buyer will be held, exclusively, responsible for any act, harm, direct or indirect, and/or related loss, directly or indirectly, to reproduction, knowledge, diffusion, communication and use, also by third parties, unauthorized or abusive, of your Username and/or your Password.
4.9 The Buyer will hold Offitel harmless 4.0 from any claim, action or exception that should be asserted, in his regards, regarding the circumstances indicated in the art. 4).
5. AVAILABILITY’ OF PRODUCTS AND PRICES
5.1 It may happen that if multiple users purchase the same Product at the same time, it is no longer available, despite sending the purchase order. Offitel 4.0 reserves, so, to communicate any unavailability of the product no later than 48 working hours (term) from receipt of the order. Then, Offitel 4.0 proposes an alternative item of equivalent value or ii), pursuant to art 1353 ess cc., will terminate the contract and the Buyer who has made the payment (see Payment Methods section) the entire amount paid will be promptly refunded.
5.2 Offitel 4.0 constantly checks that all prices indicated on the Site are correct, however this cannot guarantee the absence of errors. In the event that an error is discovered in the price of a product, Offitel 4.0 will give the Buyer the opportunity to reconfirm the purchase of the Products at the correct price or to cancel it.
6. CONCLUSION OF THE CONTRACT AND METHODS OF PAYMENT
6.1 The publication of product images - as well as the indication of the essential characteristics, of the relative price and associated costs - constitutes an offer to the public, however conditioned to “successful payment”.
6.2 Procedure for purchasing on the Site:
a) by sending the purchase order, the Buyer concludes a purchase contract for the Product, subjected to the suspensive condition of “successful” of payment. Below is a list of the permitted payment methods visible after selecting the shipping method and depending on the shipping method:
Credit card, (VISA circuits, VISA Electron, American Express, MasterCard, Postepay and Carta Aura): Offitel 4.0 will charge the price to the credit card only when the order is completed. Under no circumstances Offitel 4.0 may be held responsible for illicit and fraudulent use made by third parties to the detriment of a Buyer, not having Offitel 4.0 any type of access to credit card data.
BANK TRANSFER: the Buyer will have to provide it, within 24 hours from receipt of the Offitel order confirmation email 4.0) to the payment of the amount due in relation to the purchases referred to in the order and b) to send a copy of the relevant bank transfer slip to Offitel 4.0, under penalty of termination of the sales contract and cancellation of the order. Please remember that the sales contract is conditional on “successful” of payment, therefore not receiving payment within the next two months (2) working days the contract will still be terminated and the order cancelled, I stop payment within the terms referred to in letter a).
PAYMENT AT OFFITEL 4.0 (cash, credit card and debit card): For some products it is possible to pay in cash, debit or credit card directly at the Offitel office 4.0 and upon collection of the purchased Product. Then, the deadline for collecting booked purchases is 7 (set) working days starting from the date of confirmation of goods ready for collection: after this time, the order will be canceled without further notice.
b) Received the order, Offitel 4.0, pursuant to art. 13 of D. Lgs. 70/2003, send a confirmation email indicating the Product purchased, the Customer Order Number,the final price (including all costs) and the data to make the payment – where you choose to proceed with payment by bank transfer.
N.B. The Buyer must indicate the Customer Order Number in any subsequent communication with Offitel 4.0, as well as the summary of all the Buyer's data entered in the order. The Buyer undertakes to verify its correctness and to promptly communicate any corrections via the Online Customer Service, can be contacted by accessing the section “Your account”.
For every purchase made on the Site, Offitel 4.0 issues the relevant invoice (if the Buyer has entered a VAT number, SDI or PEC code) or receipt in all other cases of the shipped material. The invoice or receipt will be issued and transmitted in compliance with applicable legal regulations. For the issuing of the invoice/receipt, the information provided by the Buyer at the time of sending the order is valid and which the Buyer guarantees to be truthful..
No changes to the invoice/receipt will be possible after it has been issued.
7. SHIPPING AND COSTS
7.1 Deliveries of the Products are made throughout the European Union, with the exclusion of San Marino and Livigno and without prejudice to any limitations specifically indicated in the Product Technical Data Sheet, to the destination address indicated by the Buyer in the order form.
7.2 Delivery costs are borne by the Buyer, unless otherwise indicated in the Product Technical Data Sheet. The same document indicates the transport costs of the individual product. The total amount of transport costs may vary depending on the delivery methods and the number of products purchased.
7.3 For the delivery of the Products in certain territorial areas specifically indicated during the purchase procedure, payment of a surcharge may be required (“Shipping cost contribution for remote area”), the exact amount of which will be clearly indicated during the purchase procedure where possible or, in case of impossibility, will subsequently be communicated before processing the order for specific approval by the customer.
7.4 Delivery of what is ordered is considered curbside, salvo:(i) different communication from Offitel Customer Service 4.0;(ii) as provided in the Product Technical Data Sheet;(iii) the purchase of the delivery service to the floor has not been requested, where applicable. Couriers do not deliver to PO Boxes, Post offices, delivery to third-party companies that deal with transport/shipping agents.
7.5 The shipped Products are checked and delivered to the courier without defects. Without prejudice to the provisions of infra-sub art. 12, Offitel 4.0 will not be responsible for damages and will not be able to undertake the relative replacement or repair if not reported at the time of acceptance of the shipment by placing the complaint on the courier's bulletin. At the time of delivery the Buyer is required to verify:
– that the number of packages delivered corresponds to what is indicated in the transport document sent in advance via e-mail;
– that the packaging is totally intact, undamaged, dented, laundry, wet, torn, or altered in any way, also in the closing materials (adhesive tape or metal straps).The Buyer is therefore invited, in his interest, to REPORT any discrepancies in the packaging or the mismatch in the number of packages by affixing appropriate “SPECIFIC RESERVE”, or REPORTING IN THE BULLETIN (where signature is required) the description of the type of damage to the packaging found during collection.(Example wording “SPECIFIC RESERVE” to be written next to the signature: ” With reserve due to dented box **)** box dented if dented, the box piece by piece, non-original tape if tampered with, etc. If the courier shows up with the electrical terminal, it will still be necessary to tick the box/box “backup” and indicate the anomaly found on the packaging among the available options. Receipt without reservation or subject to generic control of the products, Indeed, does not allow the Buyer to take legal action against the courier, nor does it allow Offitel.it to take the same action in the event of loss or damage to the products, except for partial loss or damage not recognizable at the time of delivery (HIDDEN DAMAGE).
7.6 The Buyer is required to IMMEDIATELY verify the correct functionality and conformity of the Product: in case of detection of DAMAGE (RELATED) specific, the Buyer is required to immediately report it to Offitel 4,0 not later than 8 (otto) calendar days from the date of delivery of the product (date included in the count), through the e-mail address made available (info@offitel.it); without prejudice to the provisions infra-sub art. 12 and below paragraphs.
The Buyer will be asked for the following information:
– Order number/Sales document
– Photo of the external packaging
– Photo of the damaged part
– Possible signature with specific reservation
7.7 COMPLETE documentation must be sent NO LATER 8 CALENDAR DAYS (Saturday and Sunday included) FROM THE DATE OF RECEIPT OF THE PRODUCT INCLUDED, in order to allow Offitel 4.0 compensation against the courier's insurance within the terms established by law. m Missed requests or INCOMPLETE requests received by Offitel 4.0 after the above deadlines they cannot therefore be taken into consideration, always without prejudice to the provisions of infra-sub art. 12 and below paragraphs.
In the event of a product arriving damaged or non-compliant, it is MANDATORY to keep all the parts constituting the ORIGINAL PACKAGING.
7.8 For anything not indicated therein, the art. applies 1495 cc.
7.9 The Buyer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. If you do not provide such information or provide incorrect information, you will be responsible for any additional expenses that Offitel 4.0 must bear to complete delivery of the Product.
7.10 The Buyer acknowledges that the collection of the Product is his precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two unsuccessful delivery attempts, the parcel will be placed “in stock”. In case of failure to collect the Product within 3 (Three) working days from the first delivery attempt, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 c.c. Contract resolved, Offitel 4.0 will proceed to refund the amount paid by the Buyer, minus the costs of unsuccessful delivery of the Product, the costs of returning it to Offitel 4.0 and any other possible expenses incurred due to non-delivery caused by the absence of the recipient. The termination of the contract and the refund amount will be communicated to the Buyer via e-mail.
8. ORDER STATUS (ACCEPTED WITH CONFIRMATION VIA E-MAIL)
8.1 The Buyer who has registered on the site can receive information on the status of his order directly on his DASHBORD, or if you are not registered by accessing the site a “Order status”, where it is possible to verify the actual presence of the completed order.
9.
9.1 Pursuant to Legislative Decree. 6 September 2005, n. 206 (Consumer Code), in compliance with the provisions of art.47) of the same decree the Consumer will be able to freely exercise the right of withdrawal, by communicating this to Offitel 4.0 s.r.l.s. – with management and operational headquarters in 00071 Pomezia (RM) – Piazza San Benedetto da Norcia 33 See you within thirty (30) calendar days from the day of receipt of the purchased Product, pursuant to the articles. 64 e 67 and following. of the Consumer Code by email to the address “info@offitel.it” or by PEC to the address “offitel4.0srls@legalmail.it”.
9.2 In all cases, any other accessory or additional expense is the responsibility of the Buyer. The Product must be returned to Offitel 4.0 at the management and operational headquarters in 00071 Pomezia (RM) – Via Varrone 16/18, no later than fourteen (14) calendar working days starting from the date of receipt of the authorization by Offitel 4.0.
For the purposes of expiry of the deadline, the goods are considered returned upon entry to the Offitel warehouse 4.0. Returns received after the contractual deadlines will not be accepted by Offitel 4.0. For shipping we recommend using a courier or other suitable means to allow the traceability of the shipment.
9.3 Offitel 4.0 will proceed to refund the price of the Product subject to the withdrawal once the total integrity of the same has been ascertained. The product must NOT have been opened, used, and must be sealed with intact original tape. By fourteen (14) calendar days from receipt of the goods in question and verification of the integrity of the Product, Offitel 4.0 will credit the Buyer with the amount corresponding to the value of the resulting goods, excluding shipping costs incurred by Offitel 4.0. The refund will be made via shopping voucher or with the same payment method used by the Buyer to make the purchase if expressly requested.
9.4 The right applies to the product purchased in its entirety; it is not’ It is possible to exercise withdrawal only on part of the purchased product (es.: accessories, attached software, etc.). The law does not apply, following their opening, to audiovisual products, consumables, sealed computer software (including those attached to hardware material), electro-medical devices intended for body care, healthcare products, those subject to customization upon request of the Customer, or for other articles that, although provided by Offitel 4.0, were not available as part of the offer on the Offitel e website, Therefore, they were specifically ordered at the customer's request. The purchased good will have to’ be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.).
ATTENTION: the costs for returning the Product and any further ancillary or additional related costs are borne by the Consumer (RETURNS WITH SHIPPING COSTS PAID BY OFFITEL WILL NOT BE ACCEPTED 4.0). The Buyer must send the Product adequately packaged in the original packaging.
Offitel 4.0 reserves the right to reduce the price of the refund and/or issue a shopping voucher if the product does not comply with the conditions indicated in the point 11.3 and refuse the withdrawal if the conditions of the point are met 11.4 .
10. LEGAL PRODUCT WARRANTY
10.1 Offitel 4.0 guarantees the Product against any defects in conformity.
Conformity defects are those defects that make the product:
– unsuitable for normal use or the use for which goods of the same type are usually used;
– lacking the usual characteristics of a good of the same type that the consumer can reasonably expect, taking into account the nature of the goods and any declarations on product specifications made by Offitel 4.0.
10.2 The legal guarantee will last for:
a) due (2) years from the date of the invoice or receipt and the report must be made within two (2) months from discovery of the defect (in the case of apparent defects, the discovery coincides with the delivery): it is therefore necessary to always keep the proof of purchase;
b) and (1) year from delivery of the product to a NON-Consumer and the defect must be reported within eight days of discovery (in the case of apparent defects, the discovery coincides with the delivery date): it is therefore necessary to always keep the proof of purchase. The art. applies 1495 cc.
10.3 Offitel 4.0 will take delivery of the defective product to verify whether or not the malfunction depends on a lack of conformity. In particular: (i) for defects that appear in the first six months from the date of delivery of the product, the verification is always the responsibility of Offitel 4.0 as it is assumed that they existed at the time of delivery; (ii) subsequently, only in the event that the malfunction does not depend on a lack of conformity, can be requested from Offitel 4.0 reimbursement of the reasonably estimated cost of verification in Euros 50,00. Conformity defect found, Offitel 4.0 will carry out the repair or replacement of the goods within a reasonable time from the request and without charging any costs. In the presence of a lack of conformity, the consumer alone has the right, of his choice, to the repair or replacement of the defective goods by the seller, without charging any costs, unless the requested remedy is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the consumer still has the right to a price reduction or to have a sum of money returned or via a shopping voucher, commensurate with the value of the asset, against the return of the defective product to the seller. If verified by technicians , the defect stated does not exist , the customer will have the right to choose whether to take back the product or accept a price reduction paid in cash or via shopping voucher.
10.4 The warranty becomes void in the event of: (i) tampering with the Product by the Buyer or third parties; (ii)accidental events; (iii)incorrect or improper use or in any case not compatible with the documentation delivered by Offitel 4.0 the attached instructions for use; (iiii) danni, accidents and failures caused by transport carried out by the Buyer,(iiiii)extreme environmental conditions. This fixed-term warranty is based on careful and responsible use as well as appropriate care, both indoors and outdoors.
10.5 PRODUCTS FOR WHICH THERE IS A CAT (TECHNICAL ASSISTANCE CENTER)
In the event that there is an Assistance Center Authorized by the manufacturer for the Product (“CAT”) and the Customer prefers to bring or send the Product directly to the TAC, the address of the territorially competent CAT will be provided to the Customer. In case, Instead, the Customer does not intend to proceed directly with such sending, you may communicate this to Offitel 4.0 using the Online Customer Service and the latter will collect the product from the Customer and in turn, when sending the Product to the territorially competent CAT. In both cases it is Offitel 4.0 the person responsible for the application of the legal guarantee.
The CAT will carry out the necessary checks to ascertain whether or not the reported lack of conformity exists. In case the defect exists, if the Customer has chosen repair, the TAC will proceed with the repair. So far as, Instead, the Customer has chosen the replacement and it is not for Offitel 4.0 excessively onerous or objectively impossible with respect to the repair, Offitel 4.0 will replace the Product. If the CAT finds the lack of conformity, any repair costs and transport costs to the CAT will be borne by Offitel 4.0. If the CAT does not find the lack of conformity, it will not be possible to apply the Legal Guarantee e, Therefore, transport costs and any repair costs will be borne by the Customer. Offitel 4.0 will inform the Customer of the circumstance and any costs to be incurred for the repair, by sending him the estimate issued by the CAT, so that the Customer can decide whether or not to have the repair carried out at his own expense. The Customer must authorize the repair at his expense in writing.
In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or causes of force majeure, within 60 days from the day Offitel 4.0 has received the defective product and/or it has arrived at the TAC sent by the Customer. If the replacement or repair initially chosen is not carried out within this period, the Customer may request one of the alternative remedies provided by the Legal Guarantee (replacement, in the event that repair was requested; repair in case replacement was requested; price reduction with termination of the contract). Within this period the new Product or the repaired Product will be delivered to the Customer.
10.6 PRODUCTS FOR WHICH THERE IS NO CAT
If the nature of the Product does not provide for the existence of a CAT, the Product for which the Customer complains of lack of conformity must be sent to Offitel 4.0 who will verify whether the defect complained of exists or not. They apply, however compatible, all other provisions referred to in the art. 12.5 that comes before.
10.7 ADDITIONAL PAID ASSISTANCE SERVICES
Offitel 4.0, in collaboration with third-party companies, offers the Customer the opportunity to purchase from these companies, in relation to the individual Product, additional assistance services (“Garanzia3”) which allow the Customer to benefit from technical assistance in relation to the Product after the expiry of the Legal Guarantee, under the conditions and with the limitations indicated in the purchase contract for the Additional Assistance Services that the Customer must conclude with the company that provides these services and whose General Conditions he must approve in order to purchase them.
Additional Assistance Services are not added, they do not replace, do not limit and do not prejudice or exclude the Legal Guarantee, of which the consumer, under the conditions established by law, can always be used.
Additional Assistance Services are subject to charges. The cost of these services as well as any other detailed information on them and on the third-party supplying companies will be provided in the Product Technical Data Sheet.
11. ADVERTISING MATERIALS ON THE SITE
11.1 The materials published on the Offitel.it website, such as brands, the information, i test, advertising materials, the music, audio-video and in general the Site and its contents, are protected by copyright law and the Industrial Property Code, therefore any reproduction is prohibited, be this total or partial or use.
11.2 The Buyer is not allowed to modify, reuse, to copy, to distribute, transmit, reproduce, to publish, license, create derivative works, give up or sell, or otherwise use for any commercial purpose, no information, software, product or service obtained and/or made available through Offitel.it.
11.3 Offitel 4.0 does not guarantee that the functional aspects of the site or its Contents will be free from errors or that this site or the server that makes them available are free of viruses or other harmful components. All Internet users are always advised to ensure that they have updated antivirus software installed.
12. PLACE WHERE THE SALE IS COMPLETED
The sale is intended for all purposes to be completed in Pomezia (RM) at the Offitel operational headquarters 4.0.
13. COMPLAINTS
Any complaints must be addressed to Offitel 4.0 S.r.l.s – 00071 Pomezia (RM) -via Pietro Nenni 26 A, or through the Site by accessing the Online Customer Service section “Contact us”.
14. APPLICABLE LAW AND JURISDICTION
14.1 These general conditions of sale are governed by Italian law.
14.2 For any disputes that may arise regarding the execution and/or interpretation and/or validity of these terms or in any case for any other matter connected to the same, the, exclusively, jurisdiction and Italian law.
The Court of Rome is exclusively competent to resolve any disputes relating to the aforementioned conditions.
NB: All images are included for illustrative purposes. Products are subject to change.
