1.1. These general conditions, which the Buyer may copy and retain pursuant to art. 12, para. 3, Decree 70/2003, govern the distance purchase, via a telematic network, of products from the website www.armareropes.com (hereinafter "Website") owned by Armare S.r.l. with registered office at Via Antonio Meucci 3 - 33058 San Giorgio di Nogaro (UD) - Italy (hereinafter also "ARMARE" or the "Supplier"), VAT no. IT02841690304, e-mail: firstname.lastname@example.org, Tel. +39 0431 65575, Fax +39 0431 621351
1.2. The term "on-line sales contract" means a sales contract, being a legal transaction involving fungible goods, entered into between ARMARE S.R.L. and the Buyer in the context of a distance selling system, organised by ARMARE, that employs the Internet communications technology to make the contract.
1.3. The terms "Buyer" and "Customer" mean the party that purchases goods sold by ARMARE.
1.4. The terms "Consumer Buyer" and "Consumer Customer" specifically mean the European natural person who consumes goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.
1.5. The term "Professional Customers" means the natural or legal persons that act for purposes related to a business or profession.
1.6. The terms "Supplier" and "Seller" mean the party that sells the goods governed by these general conditions.
2.1. These general conditions are valid from the date of publication on the Website and may be updated, supplemented or modified with prospective effect at any time by ARMARE, which will communicate the changes made via the pages of the Website. The conditions envisaged in the recitals are an integral and essential part of these general conditions.
2.2. These general conditions of sale must be read on-line prior to completion of the purchasing procedure. Accordingly, submission of the order confirmation implies full knowledge and full acceptance of them. The Buyer is requested to read the following conditions carefully and to print and/or save them on available alternative storage media, not least for the purposes envisaged in arts. 52 and 53 of Decree 206/2005 (Consumer Code).
2.3. By submitting an electronic order confirmation, the Buyer unconditionally accepts and undertakes to respect, in dealings with ARMARE, the general conditions of sale set out below, confirming that all the instructions given pursuant to the above rules have been read and accepted, and acknowledging that ARMARE declines to be bound by any different conditions not previously agreed in writing.
2.4. Sales transactions involving the Consumer Buyer are governed by the provisions of Decree 206/2005 (Consumer Code).
2.5. These general conditions do not govern the products sold by third parties linked directly to the www.armareropes.com website using banners or other hyperlinks/links. ARMARE cannot be held responsible under any circumstances for the supply of services promised by third parties or for the execution of e-commerce transactions between its customers and third parties.
2.6. The languages available to conclude contracts with the Supplier are Italian and English.
Art. 3 - CONCLUSION OF THE CONTRACT AND PURCHASING METHODS
3.2. Each order submitted represents an offer to purchase ARMARE products shown on the Website. Successful receipt of the offer from the Customer is confirmed by ARMARE via an automated response sent to the e-mail address provided by the Customer. In addition to containing a "Customer Order Number", this response summarises all the data input during the purchasing procedure, so that the Customer can then send the order confirmation to Armare. The contract is only considered complete and effective between the Parties on execution of the order and issue of the related invoice or sales note. Until then, the Supplier is entitled to refuse the order at any time.
3.3. Should it be impossible, even if only temporary, to process the order in whole or in part, ARMARE will send an e-mail to make arrangements with the Customer, without prejudice to the right of the latter to request cancellation of the order, in whole or in part, and refund of any corresponding amounts already paid. In any event, since orders are subject to availability and acceptance, the Supplier may at any time and at its discretion refuse to accept an order from the Buyer if, for example but without limitation:
- the Customer provides incomplete or otherwise inaccurate data, making it impossible to process the order or, in any case, issue the invoice and/or deliver the goods, with the clarification that ARMARE does not make deliveries to P.O. boxes;
- the products ordered are no longer available on the Website (see art. 5);
- the products ordered are no longer available from the manufacturer;
- an error occurred on the Website regarding the products ordered concerning, for example, the price or description of the products shown on the Website or incorrect calculation of the order total;
- the total value of the order is too high, based on assessments made on a case-by-case basis at the sole discretion of the Supplier.
In such cases, the Buyer will only be entitled to a full refund - in the same manner in which payment was made - of the price actually paid, without any compensation or indemnity of any kind.
3.4. The characteristics of the products are indicated in the on-line catalogue and are visible at the time of choosing them and completing the order form, before conclusion of the submission procedure. The prices are indicated - per item or by measurement - next to each product in the on-line catalogue. The total cost of the transaction (including VAT and any other levies and taxes) will in any case be made known to the Customer before confirmation of the purchase.
3.5. The price to be charged is indicated next to the product at the time of completing the order, together with the contribution to shipping costs and any additional services chosen by the Customer, without taking account of any subsequent updates. ARMARE reserves the right to change product prices and the contribution to shipping costs without prior notice. Any new amounts will be effective from the time of publication on the Website and will be applied to the sales made from that moment.
3.6. All Customers can pay for ordered goods using the payment methods indicated on the Website. In case of payment by bank transfer, the reason for payment must indicate the order confirmation number communicated by Armare.
Art. 4 - DELIVERY METHODS
4.1. ARMARE will deliver the selected products, ordered in the manner envisaged in the preceding article, by courier to the address indicated by the Customer. The Buyer may also choose to collect them from the premises of Armare, either in person or through a designated third party.
4.2. When ordering, the Customer may indicate a delivery address that is different to the invoicing address.
4.3. Purchased goods are normally shipped within five business days of receiving the related payment. This term may vary depending on the type of product or products chosen, their availability in stock or at the manufacturer, in the case of goods distributed by Armare, the time required to produce the goods or customise them as specified by the Customer (minimum fifteen days), or the difficulty in sourcing certain components or raw materials on the world market. The Supplier cannot be held liable for delayed or non-delivery attributable to force majeure or unforeseeable circumstances. The calculation of delivery time does not include Saturdays, Sundays, holidays or other special cases, such as absence of the recipient, delivery locations that are difficult to reach or other problems attributable directly to the courier or the manufacturer of the goods sold and not to ARMARE.
4.4. The Customer much check on receipt that the product delivered is in conformity with the order placed; without prejudice to the right of withdrawal envisaged in art. 9, the Customer must only sign the delivery documents after completing the above conformity check.
4.5. ARMARE is not responsible for damage to the purchased products or delivery delays attributable to the courier, being totally uninvolved in the relationship between the courier and the Customer. The foregoing does not apply to Consumer Buyers, to whom the risk is transferred when they, or a third party designated by them, take physical possession of the goods.
4.6. Once the sale is completed, an invoice will be issued in electronic format or, alternatively/on express request, in paper form.
4.7. Orders are processed from Monday to Friday, after the related payment has been credited.
4.8. Delivery is normally available worldwide, however all orders from non-EU countries will be evaluated by ARMARE, which reserves the right to accept them or not.
4.9. Goods can only be delivered if the Customer or a designated third party is present at the receiving address indicated in the order. Upon delivery of the goods by the courier, the Customer must check that the number of packages delivered corresponds to that stated on the delivery note and that the packaging and its seals are intact and not damaged, wet or altered in any way. Any damage to the package and/or purchased products or difference in the number of packages must be contested immediately, by writing “subject to verification” on the courier's copy of the delivery note.
4.10. If the package has to be returned to ARMARE or stored by the courier, any storage costs charged to ARMARE by the courier will be recharged to the Customer. Where possible, Customers absent at the time of delivery may contact the area office of the courier to arrange collection of the package or a new delivery date.
4.11. ARMARE is not financially responsible for packages stored by the courier. The Customer is responsible for successful completion of the shipment if it was not possible to arrange collection of the package from the area office of the courier, or a new delivery date.
4.12. If the courier returns the package to the Supplier due to non-collection by the Customer, ARMARE will contact the Customer to arrange a new delivery, requesting reimbursement for any storage fees and shipping costs already incurred (for the return to ARMARE) and for those to be incurred (redelivery to the Customer). Should the Customer not wish to pay the expenses incurred by ARMARE or fail to make contact to agree them, or fail to respond within a reasonable period of 7 (seven) days to an e-mail from ARMARE requesting reimbursement for the expenses incurred, ARMARE will retain the uncollected goods due to default by the Customer.
4.13. The Supplier reserves the right to refuse orders from a Customer with which a legal dispute about a previous order is pending. This also applies to all cases in which ARMARE deems the Customer unfit because of, for example, previous infringements of the conditions for making on-line purchases from www.armareropes.com or www.specialrig.com, or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
Art. 5 - AVAILABILITY OF PRODUCTS
5.1. The Customer may purchase products on the conditions indicated in the electronic catalogue prepared by ARMARE, to the extent they are available in stock.
The Customer may order a product that is not in stock, in which case Armare S.r.l. will check on the feasibility of fulfilment and the related delivery lead time before giving feedback to the Customer.
5.2. ARMARE cannot guarantee the continued availability of products on the conditions offered. If goods that have been paid for are unavailable, ARMARE promises to inform the Customer promptly and to refund the price without additional charges, within a maximum of 14 calendar days. In all cases, ARMARE will contact the Customer immediately to propose a replacement product of equal value or deduction of the amount from the order total, if more than one product has been purchased.
5.3. If the goods are partially unavailable, the Customer will be informed promptly by e-mail about their temporary unavailability and may decide whether: a) to accept delivery of the products available, followed by shipment, at a later time, of the item currently unavailable; b) to receive the ordered items in a single shipment when they are all available; c) delete the temporarily unavailable item from the order (ARMARE undertakes not to charge the corresponding price to the Customer).
5.4. Products on promotion/offer can be ordered subject to being in stock.
5.5. ARMARE is always entitled to confirm and/or modify the indicated price. In that case, the Customer may withdraw before delivery, if the final price is excessively high compared to that originally agreed, and the Seller must return any price already paid by the Customer.
Art. 6 - RESPONSIBILITY
6.1. ARMARE declines all responsibility for disruptions in service attributable to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, epidemics, pandemics, wars, popular uprisings and other similar events that prevent contractual performance, in whole or in part, within the agreed time frame. In addition, ARMARE declines all responsibility for disruptions in service or malfunctions related to use of the Internet which are beyond its control or that of its subcontractors, if any.
6.2. ARMARE declines all responsibility towards any party or third party for damages, losses and/or costs incurred as a result of contractual non-performance for the above reasons, as the Buyer is only entitled to refund of the price paid.
6.3. ARMARE declines all responsibility for any fraudulent or illegal use by third parties of credit cards, cheques and other means of payment, when paying for products purchased. Indeed, ARMARE never becomes aware of the Buyer's credit card number during the purchasing procedure, as it is transmitted directly to the payment service provider via a secure connection.
6.4 ARMARE is not obliged to execute the order if payment made by any of the available means fails, or is rejected by the payment service provider. Any costs or fees deriving from the failed or rejected payment will be borne by the Customer.
Art. 7 - WARRANTIES AND METHODS OF ASSISTANCE
7.1. As required by the European legislation protecting Consumer Customers, ARMARE warrants the conformity of sold goods for a minimum of 2 years from delivery. In particular, the Seller must warrant that the goods purchased have the quality, functionality and characteristics that were promised or reasonably foreseeable for at least two years from the time of delivery to the Buyer. If Customers are European Consumers, the legal warranty covering the conformity of goods applies to the items available on the Website, in accordance with the laws of the country in which they habitually reside. The domestic laws of that country may grant broader rights to those Customers.
To benefit from the warranty, the Consumer Buyer must present the shipping document, specify the goods identified therein for which application of the legal warranty is requested (it is sufficient to quote the description or product code stated on the receipt/invoice) and indicate whether a replacement or a refund is requested.
7.2 - The Consumer Buyer will forfeit the warranty unless the non-conformity is reported, no more than 2 months after discovery of defect, to the contacts identified in art. 9.4. The warranty will be valid and effective on condition that the goods have been used properly, for their intended purpose and, if supplied, in accordance with the instructions contained in their user manual or technical sheet or, in any case, provided together with them.
7.3 - If the alleged non-conformities are confirmed, ARMARE guarantees replacement without charge and will pay the cost of returning the goods to the Consumer Buyer. If, for any reason, the conformity and functionality of the goods cannot be restored by replacement, or replacement would be excessively onerous given the value of the goods, the Consumer will be entitled to receive a price reduction or to terminate the contract, with full refund of the amount paid.
7.4 - All descriptions of how the products work are provided on the Website solely for reference purposes and do not represent a warranty. ARMARE declines liability for any direct or indirect losses incurred by the Customer and/or third parties as a result of using any of the products manufactured or sold. By purchasing, using and/or installing the purchased products, the Customer agrees to all these conditions.
Art. 8 - OBLIGATIONS OF THE CUSTOMER
8.1 - Upon completion of the on-line purchasing procedure, the Customer agrees and undertakes to print and retain these general conditions, which inter alia were already read and accepted as a mandatory step in that procedure, and the specifications of the product purchased.
8.2 - ARMARE may update or modify these general conditions at any time, communicating the changes made via the pages of the Website. Whenever changes are made to these general conditions, the Buyer agrees and undertakes to print and retain them.
8.3 - The Buyer is strictly forbidden to input false and/or invented and/or fictitious data during the registration procedure necessary to begin the process of executing the contract and making related communications; the personal identification and e-mail details provided must be strictly true and not those of third persons, or fictitious.
8.4 - It is expressly forbidden to register a person more than once or to input the data of third parties. ARMARE reserves the right to prosecute all infringements and abuse, in the interests and for the protection of all users and customers.
8.5 - The Customer agrees to relieve ARMARE from any liability consequent to the issue of incorrect tax documents due to errors in the data provided by the Customer, which has sole responsibility for its correct input.
Art. 9 - RIGHT OF WITHDRAWAL AND RETURNS POLICY
9.1 - A European Buyer who is a Consumer ("Consumer Buyer") may exercise the right of withdrawal by returning the received goods in their original packaging, complete with all documents/technical sheets and labels, and obtaining a refund of the price paid. Natural or legal persons conducting a commercial or professional activity (Professional Customers) or which, in any case, include a VAT number on the relevant order form, are therefore excluded and do not benefit from the right of withdrawal.
9.2 - The Consumer Buyer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the contract, without penalty and without specifying the reason, within 14 calendar days of receipt of the purchased goods. The right of withdrawal must be exercised in accordance with the mandatory conditions established by ARMARE.
9.3 - All product return costs are borne by the Customer who, either directly or by other means, must arrange to deliver them to the Supplier at Via A. Meucci 3 - 33058 San Giorgio di Nogaro (UD) - Italy; all items must be returned in the condition received, together with the original packaging, all documents/technical sheets and all labels comprising part of the primary wrapping and original packaging. Goods cannot be returned in any other way. In all cases, the Consumer Buyer is only responsible for any reduction in the value of the goods caused by handling them in a manner different to that necessary to establish their nature, characteristics and functioning.
9.4 - In order to exercise the right of withdrawal, the Consumer Buyer must, by the deadline indicated in art. 9.2 (14 calendar days from receipt of the purchased goods), send a specific communication to email@example.com using the following FORM. Notices of withdrawal sent by different means must contain the information required by the above form (personal identification details of the Customer, contact details, indication of the goods to be returned, order number and date, date of receipt of the purchased goods).
9.5 - ARMARE will accept the returned goods, reserving the right to check that they have been returned in their original state, without signs of wear and with all original packaging and labels. Solely in that case, ARMARE will reimburse the amount paid by the Buyer for the purchase of the products, or the different amount due if their value is reduced pursuant to art. 9.3, within 14 days of being informed about the withdrawal. The price will only be reimbursed in full if the items are returned together with the original packaging, all documents/technical sheets and all labels that are part of the original packaging and wrapping. If damaged products or products with obvious signs of use are sent back, the return will not be accepted; as a consequence, they will be shipped to the Customer again (at the address given at the time of purchase) and the purchase price will be retained as reimbursement.
9.6 - If several goods are ordered together but delivered separately, or an individual product comprises several lots or pieces delivered separately, the withdrawal deadline will expire 14 days after the Consumer Buyer or a third party - designated by the Buyer and excluding the courier - takes possession of the final shipment of the goods, lots or pieces concerned.
9.7 - There is no right to withdraw from contracts for the supply of made-to-measure or clearly customised goods.
9.8 - If the product returned following exercise of the right of withdrawal is damaged during transport, the sole obligation of ARMARE will be to notify the Consumer Buyer of the event so that the latter can file a timely complaint against and make recourse to the courier concerned (and/or the relevant insurance company). ARMARE is not liable in any way for damage to or the theft or loss of returned products; therefore, all related risks are borne solely by the Consumer Customer.
9.9 - The domestic rules on the right of withdrawal do NOT apply to small contracts that were not signed on business premises (art. 47(2), Consumer Code). Under domestic legislation, the term "small contract" applies up to an amount of Euro 50, in accordance with EU regulations.
Art. 10 - AUTHORISATIONS
10.1 - By filling in the relevant space, accessible from the Website, to complete the purchasing procedure, the Customer authorises the Supplier to charge the total indicated cost of the on-line purchase to its bank account, in favour of ARMARE. The entire procedure is carried out via a direct secure connection with the banking institution that owns and operates the on-line payment service provider, which ARMARE cannot access.
10.2 - Should the Consumer Buyer exercise the right of withdrawal, as explained in art. 9 of these general conditions, or should payment not result in completion of the sale, the amount to be refunded will be credited to the same credit card or other means of payment used and expressly indicated by the Customer.
Art. 11 - CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 - ARMARE is entitled to terminate the contract on sending a simple communication to the Customer, stating the reason; in this case, the Customer will only be entitled to the refund of any amount already paid.
11.2 - The obligations accepted by the Customer in art. 8 (Obligations of the customer) and the guarantee of successful payment are essential to the contract; accordingly, by express agreement, failure by the Customer to comply with even just one of these obligations will result in legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without need for court rulings and without prejudice to the right of ARMARE to take legal action for the reimbursement of any additional losses.
Art. 12 - APPLICABLE LAW AND JURISDICTION
12.1 - The Court with jurisdiction over the location where ARMARE has its registered office has sole jurisdiction over any disputes deriving from or in connection with these general conditions of sale. These general conditions are subject to Italian law.
12.2 - The foregoing does not apply to Users who are European Consumers or Consumers located in Switzerland, Norway or Iceland.
Art. 13 - DISPUTE RESOLUTION
13.1 - Regulation (EU) 524/2013, which established an on-line platform for the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of on-line disputes between European consumers and professionals, enables European Consumers to make recourse to this alternative dispute resolution body, prior to seeking any other judicial remedy. The platform is available at the following link (https://ec.europa.eu/consumers/odr/).
13.2 - Customers may still refer any disputes to ARMARE, which will attempt to resolve them amicably by all reasonable means. Reports may be addressed to the ARMARE contact details provided in art. 1.1 of this document.
Art. 14 - PROCESSING OF PERSONAL DATA
Art. 15 - COPYRIGHT AND TRADEMARKS
15.1 - The Website and its content, including logos, text, photographs, images, graphics, prints, films, presentations, sounds, illustrations, illustrations, software, if any, as well as all trademarks - nominative and figurative -, distinctive signs and ornamental designs, whether registered or not, are the exclusive property of and/or pertain to ARMARE or its licensors, and their use by third parties constitutes an abuse and infringement of the relevant industrial property rights and international treaties applicable to intellectual property. Accordingly, no part or content of the Website may be used in any way, except strictly to place an order, without written consent from ARMARE.
Art. 16 - SAFEGUARD CLAUSE
16.1 - Should any provision of these general conditions of sale be or become void, invalid or ineffective, the Parties will endeavour amicably to find a valid and effective replacement for the void, invalid or ineffective provision.
If agreement cannot be reached on the above basis, the void, invalid or ineffective provision will be replaced, if allowed or envisaged by the relevant law, in accordance with the applicable legal process.
Without prejudice to the above, should a specific provision of these general conditions of sale be void, invalid or ineffective, the entire contract will not be void unless, within the framework of the contract, the void, invalid or ineffective provisions are essential or of such importance that the Parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the Parties.