General Sales Conditions
§. 1 General dispositions
Navigation and the transmission of a order on the website http://fixo.io imply the acceptance of Conditions and Data Protection Policies adopted by the website referred to therein.
The following general sales conditions apply to the sale of products with exclusive reference to purchases made on the website fixio.io in accordance with provisions of Part III, Title III, Chapter I, Consumer Code (D.lgs n. 206/05 modified by D.lgs n. 21/14 and D.lgs. 70/03) from:
society: Nuvolaria Srl
address: Via Enrico Toti 7 – 86100 Campobasso CB, Italy
registered in the REA
Before accessing the products provided by the website, the user is required to read the present General Sale Conditions which fixo.io reserves the right to modify unilaterally without any notice.
The user is invited to download and print a copy of the purchase form and of the present General Sale Conditions which fixo.io reserves the right to modify unilaterally without any notice.
The website, products provided on it and the purchase can be accessed in the following languages:
§. 2 Object
The present General Sale Conditions regulate the offer, the forwarding and acceptation of purchase orders of products on fixo.io and they, on the other hand, do not regulate the provision of services or the sale of products from other parties present on the same website through links, banners or other hyperlinks.
Before sending orders and purchasing products and services from other parties, we suggest verifying their sales conditions.
§. 3 Conclusion of the contract
To conclude the purchase agreement, it’s necessary to compile the order form in electronic format and transmit it following the related instructions.
In it are included the reference to the General Sale Conditions, the images of each product and its price, the allowed payment methods, the terms of the purchased products’ supply and its relative shipping and delivery costs, a reference to the conditions regarding the right of withdrawal; terms and return times of purchased products.
Before concluding the contract, you’ll be asked to confirm that you fully read the General Sale Conditions inclusive of information on the right of withdrawal and on the processing of personal data.
The contract is concluded when the seller receives the payment receipt, after verification of correctness of the data contained therein and verification of stock availability of the purchased products.
After concluding the contract, the seller takes charge of the order for its evasion.
§. 4 Registered Users
By completing the registration procedure, the user is obliged to follow the indications present in the website and to provide personal data in a correctly and truthful way.
Confirmation will exempt in any way Nuvolaria Srl from any responsibility regarding data provided by the user. The user is obliged to promptly inform Nuvolaria Srl of any variation of its own personal data at any time communicated by sending an email to the following address: firstname.lastname@example.org
If then the user communicates incorrect or incomplete data or even in the case of a dispute by the interested parties regarding the payments made, Nuvolaria will have the right to not activate and to suspend the service until sanatorium of the relative failings
On the occasion of the first activation request by the user of a profile, Nuvolaria SRL will attribute a user name and a password to the user. The latter understands that such identifiers constitute the validation system of the user’s access to the Services and that it’s the only system suitable to identify that the acts performed during such access will be attributed to the user and they will have a binding effect in his regards.
The user is obliged to keep secrecy of their access data and to keep them with due care and diligence and to not hand them over to third parties even temporarily.
§. 5 Product Availability
The product availability refers to the effective availability in the moment the buyer places an order. Such availability must be considered purely indicative, as the contemporary presence of multiple users on the website, the products could be sold to other customers before the order confirmation.
Cases of partial or complete unavailability of the merch may happen following the sending of the order confirmation email. In this eventuality, the order will be automatically adjusted with the elimination of the unavailable product with subsequent notice sent to the user via email.
If the user requests a order cancellation, terminating the contract, Nuvolaria Srl will refund the paid amount within 15 working days from the moment Nuvolaria Srl has knowledge of the buyer’s decision to terminate the contract.
§. 6 Offered Products
Nuvolaria Srl, through the website fixo.io commercializes:
Electronic products and B2B services
§. 7 Payment Methods and prices
The products’ price will be the one always indicated on the website, with exception of evident errors.
In case of errors Nuvolaria srl will notice as soon as possible the buyer allowing them to either confirm the order with the correct price or to cancel the order. Nuvolaria Srl is in no way obligated to provide what is sold at the lower price incorrectly indicated.
The prices on the website are inclusive of VAT. The shipping costs are indicated during the purchase procedure. The prices may vary at any moment. The changes don’t apply to orders to whom order confirmation has been already sent.
Once selecting the products they will be added to the cart, follow then the purchase instructions, entering or verifying the required information in each step of the procedure. The order details can be modified before the payment.
Payment can be made via: PayPal.
§. 8 Delivery
Nuvolaria Srl ships to the following geographical areas:
Europe, USA and wherever the product commercialization requirements exist.
Nuvolaria Srl doesn’t ship to societies that provide domiciliation services.
The delivery will happen by the date indicated in the order confirmation. In the case that no delivery date is specified, it will arrive by the estimated delivery date at the moment of delivery method selection and, in any case, within the maximum term of 15 working days from the confirmation date.
In the event of impossibility to deliver, the transport of the merch to Nuvolaria Srl resulting from the failure to deliver may have additional costs that will be charged to the buyer.
Unless otherwise indicated, shipping costs are charged to the user and they’re explicitly highlighted at the time of ordering.
§. 9 Passing of risk
The risks relative to the products will pass to the buyer starting from the time of delivery. The product ownership is considered acquired as soon as the complete payment of all amounts due, in relation to them, including shipping prices, at the moment of delivery, if this happens at a later time.
§. 10 Warranty and commercial conformity
The seller is responsible of any defect of the products offered on the website, therein including the non-conformity of the item to the ordered products, in accordance with the provisions of the Italian law.
If the buyer has stipulated the contract as a consumer i.e. any natural person acting on the website for purposes foreign to business or professional activities carried out, the present warranty is valid proved that the defect manifests within 24 months from the delivery date of the products; provided that the buyer presents a formal complaint regarding the defects within a maximum of 30 days from the date where the defect was acknowledged by the latter; provided that the return form is correctly compiled.
In case of non-compliance, the buyer who stipulated the contract as a consumer will have the right to obtain restoration of the products’ conformity without costs, through repair or replacement, meaning an appropriate price reduction, meaning contract termination regarding the disputed goods and the consequent refund.
The shipping costs for the shipping of the defective products will be charged to the buyer. The repair and return prices of the defective products will be incurred by the seller.
§. 11 Withdrawal
In accordance with the legal provisions in force, the buyer owns the right to withdraw from the purchase without any penalty and without need to specify the reason, within the term of 14 days in accordance with Art. 57 of the D.lgs 206/2005 starting from the date of receipt of the products.
In case of multiple purchases carried out by the buyer with a single order and delivered separately, the term of 14 days starts from the date of receipt of the last product.
The buyer who decides to exercise the right of withdrawal will have to communicate it to Nuvolaria Srl by explicit declaration, which can be sent via Certified email to the following address: email@example.com
The merch must be returned within 14 days from the date of receipt to:
Via Enrico Toti 7
86100 Campobasso CB
The merch must be returned intact, in the original package, complete in all its parts and complete with the attached fiscal documentation. Without prejudice to the right to verify compliance with the foregoing, the website will reimburse the amount of the products covered by the withdrawal within the term of 14 days, including any shipping costs.
As required by art. 56 paragraph 3 of the D.Lgs 206/2005 modified by the D.lgs 21/2014, the website can suspend the refund until receipt of the goods or until the purchaser demonstrates that he has returned the goods.
Nuvolaria Srl will reimburse using the same payment method chosen by the buyer during the purchase. In case of payment made through bank transfer, and if the buyer intends to exercise its right of withdrawal, he must provide the following bank account details: IBAN, SWIFT and BIC necessary for the reimbursement process.
§. 12 Processing of personal data
§. 13 Safeguard Clause
In the hypothesis in which one of the clauses of the present General Sale Conditions were null for any reason it will not compromise in any way the validity and the compliance with the other provisions listed in the present General Sale Conditions.
§. 14 Contacts
Any information request can be sent to the following address firstname.lastname@example.org or by mail at the following address: Via Enrico Toti 7, 86100 Campobasso CB, Italy
§. 15 Applicable law and Jurisdiction
The present General Sale Conditions are governed by the Italian law and interpreted according to it, without prejudice to any other norm in the country of residence of the purchaser. Consequently, the interpretation, execution and the resolution of the General Sale Conditions are subject exclusively to the Italian law and any disputes related and/or consequent to them must be resolved exclusively by the Italian judicial authority. Any disputes must be resolved by the court of Campobasso.
The present conditions were drafted in date 01/09/2017