General Conditions
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the site www.delord.it / shop (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
The seller of the products and owner of the Site is: InnoBrain di Christian Carlino with registered office in Via Michelino, 93/2 40127 Bologna (BO) and registered with the Bologna Business Register no. 538490 E-mail address: info@innobrain.it / PEC innobrain@kelipec.it (hereinafter “InnoBrain”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available at any time. by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requests an invoice and / or is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.
Contracts concluded with InnoBrain through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and the price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping and billing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between InnoBrain and the Customer must be considered concluded with the acceptance of the order by InnoBrain. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from receiving this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the “Contact me” tab. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.
Once the order has been received, InnoBrain will check the availability of stocks for the fulfillment of the order. In the event that one or more Products are not available, the InnoBrain Customer Service will promptly send an email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, InnoBrain will process the order with the Products available. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
– Shipping to Italy:
Throughout Italy the cost of shipping is € 9.50
– Shipments abroad:
The cost of shipping abroad starts at € 14.50.
5. Methods of payment and billing
5.1 Payment methods
The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer and cash on delivery.
– Credit Card / Stripe
The circuits on which it is possible to purchase on the Site are:
Visa / Visa Electron
To ensure maximum security, the Customer will make the payment transaction directly on the secure server within the PayPal circuit even if he does not have a PayPal account.
The Site does not store the Customer’s credit card number.
– PayPal
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. InnoBrain is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 10 (ten) working days starting from the day following that in which InnoBrain confirmed the order to the Customer by means of a specific email. order confirmation.
– Delivery services active in Italy: DHL
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse. The Customer is kindly requested to provide, as far as possible, a delivery address with a good probability of presence for delivery guarantee.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send InnoBrain a communication within 14 days from the date of receipt of the Products or, if he intends to exercise the withdrawal before having received the Products, the withdrawal notice may be sent at any time prior to their receipt. .
This communication must be sent by registered letter with return receipt, addressed to:
c.a. InnoBrain, Via Michelino 93/2, 40127 Bologna (BO)
Once the communication has been received, InnoBrain Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by InnoBrain itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, InnoBrain will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to InnoBrain’s right to suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and / or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
– order of products made to measure or clearly personalized;
– order of Products that risk deteriorating or expiring rapidly;
– order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all food products (including wines, spirits and beverages) and cosmetics. , as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to InnoBrain and put back on the market without endangering the health of consumers (such as books, gadgets, tools for kitchen, etc.).
In cases where the right of withdrawal is excluded, InnoBrain will return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. Free Return in case of exercising the right of withdrawal
As a most favorable condition for the Customer, InnoBrain fully bears the shipping costs for the return of the Products in case of exercise of the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by InnoBrain to agree on the return of the Products to the courier.
9. Warranty and Lacks of Conformity
In case of conformity defects of Products sold by InnoBrain, the Customer must immediately contact the Customer Service by telephone at +393313367000.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to InnoBrain within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter, in which case the defect must be reported within this shortened term. It is further specified that the craftsmanship of the Products sold by InnoBrain by their nature provide for a lack of uniformity in the aesthetic component and are a guarantee of origin from small producers and are not to be considered defects.
10. Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which InnoBrain cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
InnoBrain reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions. and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.
11. Complaints
Any complaints must be sent to InnoBrain using the email address info@innobrain.it
InnoBrain undertakes to respond to all requests received within a maximum of 14 working days.
12. Online Resolution of Consumer Disputes (ODR)
If you are a European consumer, you must be aware of the fact that the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. To access the platform click here.
13. Applicable law and competent court
The sales contract between the customer and InnoBrain is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Modena, any other competent court excluded.
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Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – disclaimers).
