- Acceptance of the Conditions of Sale
The website aboama.com is owned by Eccellenze di Umberto (hereinafter Eccelenze) with registered office in Imola (tax code SRCMRT84M24C265V and VAT no. IT03650071206) and is aimed to the sale of products and online services.
- Applicable Law
Please refer to the provisions of Legislative Decree no. 185 of 22 May 1999 as amended, Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”) as amended, Legislative Decree no. 70 of 9 April 2003 as amended and the Italian Civil Code regarding all aspects not contemplated by these General Conditions of Sale.
- Sales Policy
The following T&C set the service provided by the Platform to its Users. All contractual relations between the website and the customer are regulated by these T&C which form an integral and essential part of each quotation, order and purchase order confirmation regarding our products.
The Platform reserves the right to amend the conditions of sale at any time in the future. In this case, they shall only be effective for purchase orders made by the Customer after the publication of the same on the Platform. The Platform therefore invites the Customer to read the most recent version of the Conditions of Sale before submitting a purchase order and print a copy or save it on an electronic device.
- Sales Contract
4.1. Customer’s proposal
Products and services published on the website represents the details of the invitation addressed to the Customer to formulate the proposal. The Customer’s order in relation to the goods on the Site is a contractual proposal to Eccellenze and can be done by filling out the appropriate online form. The Customer’s order assumes full knowledge and full acceptance of the purchase procedure, of these general conditions of sale and of the payment and delivery conditions.
4.2 Acceptance of Customer’s proposal
The correct receipt of Customer’s proposal is confirmed by Eccellenze through a reply sent to the email address supplied by Customer. The reply of Eccellenze, automatically generated, is not an acceptance of the proposal but only confirmation of the receipt. This message will summarize the products and services purchased by the Customer, prices, Product Codes and the delivery times. The Customer undertakes to verify the correctness of the data contained in the communication and to communicate any error promptly.
4.3 Possible errors
Following the sending of the confirmation by Ecellenze, in case the company will find (due to errors of a technical or formal nature) an error in the price and/or characteristics published on the Site and the Client’s Proposal, Eccellenze will communicate this to the Customer inviting him to make a new proposal, if still interested.
4.4 Conclusion of the contract
The sales contract is concluded when Eccellenze – having verified the availability of the goods requested by the Customer – communicates the acceptance of the Customer proposal and this communication reaches the e-mail address indicated by the Customer. If Eccellenze is unable to accept the Customer’s proposal will notify it to the Customer.
- Customer’s obligations
The purchase of products and services is reserved for persons over 18 years old or who in any case have the capacity to act. Eccellenze declines all responsibility in the event that incapable persons act in violation of this rule. The purchase of products and services on the Site implies the provision by the Customer of the data necessary for carrying out the goods delivery activities. To this end, the Customer undertakes to communicate correct data complete in every indispensable detail, updated and truthful relating to personal details, personal contact details and, in general, to other information useful for order fulfillment. The Customer undertakes to pay the price of the purchased good.
All prices are in Euros. Any additional cost of delivery or any customs duties, as well as additional sales taxes necessary for export to foreign territory, are excluded from the purchase price.
Payments shall be made by credit card, bank transfer, PostePay card or PayPal.
- Shipping and delivery
Eccellenze grants to be able to ship the goods purchased by the Customer. Eccellenze is not responsible for any delays occurring during the transport service. Any liability relating to the bad condition of the products due to improper storage after delivery is excluded.
- Right of Withdrawal
In accordance with the legal provisions in force, making particular reference to the Consumer Code, the Consumer user (any natural person who uses the Site for purposes unrelated to his/her professional, commercial or entrepreneurial activity) has the right to withdraw from the purchase of the Products without incurring any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days from the date of receipt of the Products. The decision to withdraw shall be notified to the Company with a right of withdrawal letter to be sent to the following address:
ECCELLENZE by UMBERTO SERCECCHI – Via Felice Orsini, 5 – 40026 Imola (BO)
in case of products not present on the website but specifically ordered and realized upon Customer’s request. the right of withdrawal does not apply.
The communication can be anticipated within the same term, by e-mail or fax, provided that it is confirmed by registered letter with return receipt within the following 48 hours. This communication must clearly indicate the intention to withdraw from the purchase of the products that must be identified in details, and a copy of the purchase invoice must be attached to it as well as the article code so that it is possible to implement all the necessary procedures by Eccellenze. In case of withdrawal, the Customer must arrange for the return of the goods at his own expense with shipment to the following address: ECCELLENZE of UMBERTO SERCECCHI – Via Felice Orsini, 5 – 40026 Imola (BO).
The substantial integrity of the returned asset is an essential condition for exercising the right of withdrawal: the asset in relation to which the right of withdrawal has been exercised must therefore be in a good state of conservation (kept and possibly used with of normal diligence). Furthermore, the product must be returned complete with appliances and accessories inside the original packaging and carefully protected to avoid any damage, writing or alteration. Failure to comply with the prescribed procedures will allow Eccellenze to refuse the goods returned by the Customer. In case of valid exercise of the right of withdrawal, Eccellenze will refund the purchase price and the cost of sending the goods to the customer’s home as soon as possible, and in any case within 30 days from the date on which exercise of the right of withdrawal. The costs of returning the goods are therefore excluded from the right of withdrawal, which are charged to the Customer (pursuant to art.67 co. 3 Legislative Decree no. 206/2005)
If the returned product has defects, even slight ones, found at the time of return, Eccellenze reserves the right to reduce the refund value to compensate for the damage found on the product.
- Legal Guarantee and defective products
The products purchased on the Site are subject to the rules on sales contracts and on the guarantee concerning consumer goods and, insofar as not contemplated therein, to the specific provisions provided for by the Civil Code.
The Legal Guarantee covers the lack of conformity that occurs within 24 months from the delivery date of the purchased product and must be provided by the product seller, even if it is a subject other than the manufacturer. To assert it, it is necessary to notify the seller of the defect within 2 months of discovery. We therefore recommend that you always keep the tax document received when the product is delivered.
If the product has a defect covered by the Legal Guarantee, the Consumer has the right to repair or replace the defective product by the seller, free of charge. The Consumer has the right to reduce the price or to terminate the contract in the following cases:
- if replacement or repair of the product is not possible or is excessively expensive;
- if the seller has not repaired or replaced the product within a reasonable period of time; or
- if the replacement or repair previously carried out caused significant inconvenience to the Customer.
The guarantee is personal and will therefore only apply to the original purchaser. The aforementioned guarantee will not be applicable in case of negligence, carelessness in the use and maintenance of the product.
The Consumer must deliver the defective item to the authorized courier who will be sent directly by the Company at his own expense to the pick-up address provided at the time of reporting the anomaly. The package must contain an indication of the number and date of the purchase order, a brief description of the defect / malfunction found, the model of the product, the choice between the option to refund or replace the product.
The Company reserves the right to verify the actual alleged defect or that the product does not show signs of tampering, improper use or damage caused by the customer. The Company will alternatively carry out the replacement, repair or refund of the product only after this check.
Repairs or replacements will be made within a reasonable time from the request, taking into account the availability of replacement products as well as the costs and timing of any repairs. Shipping costs, labor and materials are the responsibility of the Company. If the repair and replacement are impossible or excessively burdensome, the Company reserves the right to offer the customer the price reduction or the termination of the contract (product return and full credit of the amount already paid).
To determine the amount of the price reduction or the amount due in these cases, the use made of the product is taken into account. A slight defect for which it is not possible or excessively burdensome to carry out the remedies for repair or replacement does not give the right to terminate the contract.
Any complaints in relation to goods purchased through the site must be addressed by e-mail (firstname.lastname@example.org) or by ordinary mail for the attention of:
ECCELLENZE di UMBERTO SERCECCHI – Via Felice Orsini, 5 – 40026 Imola (BO).
- Force Majeure
Excellence will not be responsible for the delay in the fulfillment of the contract governed by these general conditions of sale, if such delay is caused by circumstances beyond their reasonable control. The party late due to force majeure will be entitled to an extension of the terms necessary to fulfill these obligations.
The sales contract between Excellence and the Customer will be governed and interpreted in accordance with Italian law. For the solution of civil disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in Italy; in all other cases the territorial jurisdiction is exclusively that of the Bologna Forum.
The website, its pages, tecnolgies, platform, ideas, logos, trademarks, figurative or verbal, illustrations or images on the Platform are exclusive property of Eccellenze and/or of its licensors and are protected by applicable laws on intellectual and industrial property.
Platform, images, texts and distinctive signs (such as trademarks, domain names, etc.) of third parties in the Platform belong to their respective and legitimate owners.
- Applicable Law and Dispute Resolution
These T&C are all executed in Italy and regulated by Italian laws. Any disputes that should arise regarding the validity, interpretation or execution of these General Conditions of Sale and the product purchase orders shall be the sole jurisdiction of the Judge in the location of residence or domicile of the Consumer, on the condition it is Italy. The Court of Bologna is granted exclusive jurisdiction for all and any other disputes which may arise.