1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website shop.extraevo.com (hereinafter, the Website) under the law known as “Consumer Code”.
The seller of the products and the owner of the Website is: Baiocchi Francesco, Via Sant'Antonio 35 - Silvi Marina (Te) 64028, P. IVA 01928420676 and Fiscal Code BCCFNC88S01A488F, firstname.lastname@example.org (hereinafter, “Extraevo”).
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer on the website and all the information on the product page.
The agreement entered into with Extraevo through this Website is governed by these General Terms and Conditions in accordance with the EU and Italian law.
2. Choosing and ordering the Products
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product. By purchasing a Product, the Customer declares that he has had all the information necessary for his purchase and that he does not need additional information.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between Extraevo and the Customer shall be considered as concluded once the order has been accepted by Extraevo. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Contacts”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted.
At the moment of receiving the order, Extraevo reserves the right to check the actual availability of the products ordered, if only few Products are not in stock, Extraevo will process the order with the available Products. In case of one or more missing products, the information relating to the final charge or refund will be contained in the shipment confirmation email and will vary depending on the payment method used.
3. Product information
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail.
4. Prices and shipping
Product prices are inclusive of all taxes and fees. All prices are in Euros.
Shipping within Italy and abroad:
Shipping is free on orders above 150,00 €; for lower orders consider the information provided by the Cart.
5. Payment and billing
Customer may pay Products and delivery costs by Credit Card or PayPal.
Once the order is confirmed, the Customer shall be redirected to PayPal's website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by contacting email@example.com. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out after 24h the ordering, it may not be requested at a later stage.
6. Transport and delivery
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.
All purchases shall be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays. Extraevo is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped the Customer may receive a confirmation email that includes a link for reference for the tracking of the shipment.
However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the two days following the day in which Extraevo confirmed the order to the Customer through a specific order confirmation email.
Active delivery services in Italy:
The service features two delivery attempts which will be made at the address entered by the Customer while placing the order. After each attempt an attempted delivery note will be left at the recpient’s end. Should the second attempt be unsuccessful, the Courier will try to telephone the recipient by ringing the phone number entered upon their order placement in order to arrange the delivery. Should Customer be unavailable, merchandise will be sent back to the warehouse.
Active delivery services Abroad:
Shipments abroad may take place with different couriers depending on the destination Country in order to guarantee Customers the best available rate.
Countries where service is available: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France (except Corsica), Germany, Greece, Ireland, Latvia, Lithuania, Luxemburg, Netherlands, Poland, Portugal, Eire, United Kingdom, Czech Republic, Portugal, Romania, Slovakia, Slovenia, Spain (except Canary Islands and Ceuta and Melilla), Sweden, Hungary, Switzerland.
7. Right of cancellation
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a notice to Extraevo within 14 days from the date of receipt of the Products by contacting firstname.lastname@example.org or if he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.
Such notice shall be sent by registered letter with a return receipt, addressed:
To the kind attention of the Office of Returns and Refunds
Via Sant'Antonio 35 - Silvi Marina (Te) 64028
Upon receipt of the notice Extraevo’s Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Extraevo itself. The customer pays for the return shipment.
The right of cancellation is subject to the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of cancellation, Extraevo shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of Extraevo to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer.
III. The Products shall be returned, closed and fully intact, in the same box in which they were received.
IV. In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:
- orders of tailored or clearly personalized Products;
- orders of Products which are likely to deteriorate or expire rapidly;
- open Products;
- orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
In the cases of exclusion of the right of withdrawal, Extraevo shall return the purchased Products to the Customer, charging the shipping costs to him/her.
8. Warranty and Lack of Conformity
In case of lack of conformity of the Products sold by Extraevo the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Contacts” section.
The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement.
The Customer looses these rights if he/she does not report the lack of conformity to Extraevo within 14 days from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.
9. Errors and limits of liability
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Extraevo may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Extraevo reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every Customer's right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
Any complaint shall be forwarded to Extraevo using the appropriate contact form accessible on the Website in the “Contacts” section, or by contacting email@example.com.
11. Applicable law and jurisdiction
The sale agreement between the Customer and Extraevo is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Teramo, excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, all Clauses of the Terms and conditions.