PREMISES
This e-commerce website whose address is www.sangueblu.it (hereinafter referred to as the “Site”) is owned by the company UBERTI S.R.L. with registered office in Poncarale (BS), Via Enrico Fermi n.13, tax code and registration with the Brescia Companies’ Register n.01063740144 (hereinafter referred to as “Uberti S.r.l.” or “Uberti” or the “Seller”) and managed by the same for all purposes.
The Site is dedicated to the promotion and online sale of products marketed by Uberti S.r.l. to the Customer.
The purchase of products made on the Site is regulated by these general sales conditions, which may be modified at any time by Uberti S.r.l..
The Customer is required to carefully read the General Terms and Conditions of Sale below before placing the order online. The sending of the order by the Customer is considered as acceptance of the General Sales Conditions published on the Site at that time, which must be considered an integral and substantial part of the contract.
Uberti S.r.l. applies the regulations on distance contracts set out in Articles 49 et seq. of Legislative Decree no. 206 of 6 September 2005 (the so-called “Consumer Code”), as well as the regulations on e-commerce set out in Legislative Decree no. 70 of 9 April 2003.
For further information, please contact the Seller’s Customer Service through the form at Contact page .
1. DEFINITIONS
1.1 Customer: the Consumer, as defined below.
1.2 Order Confirmation: a notice sent to the Customer by e-mail, providing the final details of the purchase contract entered into between the Seller and the Customer (of which these General Terms and Conditions of Sale are an integral part).
1.3 Consumer: a natural person, of age or otherwise capable of acting in accordance with the law, who places an order on the Site for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out subject to the regulations set forth in Legislative Decree no. 206/2005 and subsequent amendments and additions.
1.5 Price: the contractual consideration indicated in the Order Confirmation, inclusive of VAT.
1.6 Product(s): the products in the electronic catalogue published on the Site, as described in the relevant product sheets and indicated in detail in the Order Confirmation.
1.7 Seller: owner of the Site and supplier of the products sold online.
2.TRADE POLICY – SCOPE OF APPLICATION
2.1 The Seller reserves the right not to process orders coming from parties other than the Customer or, in any case, orders that do not comply with its commercial policy.
These Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders of products between Customers and the Seller through the Site (“Conditions of Sale”).
2.2 On the other hand, these Conditions of Sale do not regulate the provision of services or the sale of products by parties other than the Seller that are present on the Site through any links, banners or other hypertext links. Before placing purchase orders for products and/or services from parties other than the Seller, the Customer is invited to check their terms and conditions of sale. The Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce transactions between users and third parties.
2.3 In the event of a computer, manual, technical or any other error that may lead to a substantial change, not foreseen by the Seller, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by the customer shall be refunded within 14 days from the day of cancellation, subject to prior notice to the customer.
2.4 The Seller reserves the right to verify and assess the correctness and good faith of the Customer, especially in the case of the use of promotions or discount coupons. Should the Customer’s conduct prove to be unlawful and incorrect, the Seller shall promptly notify the Customer and proceed with the cancellation of the purchase order.
2.5 These Conditions of Sale are published on the home page of the Site and can be viewed by the Customer at any time, before and during the process of placing an order, and must be expressly accepted in order to proceed with the order.
3. HOW TO FINALISE A CONTRACT
3.1 In order to conclude the contract for the purchase of one or more Products on the Site, the Customer shall fill out the order form in electronic format, taking care to correctly enter his or her data as requested on the form itself and transmit it electronically to the Seller, following the instructions given on the Site.
The Customer, in any case, assumes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller when filling in and sending the order form. It is understood that any damage/delay/discomfort referable to and/or attributable to the incorrectness and/or untruthfulness of the personal data entered when filling in and sending the order form and/or subsequently modified shall in no case be charged to the Seller.
3.2 The order form contains a reference to the Conditions of Sale and a summary of the main information relating to each Product ordered. In particular, the price (inclusive of all applicable taxes and/or levies), the means of payment that can be used and the method of delivery of the products ordered (together with the relevant costs) are set out. In addition, there is a reference to the general terms and conditions of use of the Site.
3.3 Before proceeding to the purchase of the products through the transmission of the order form, it is the Customer’s obligation to carefully read the General Terms and Conditions of Sale and the General Terms and Conditions of Use, as well as to print and/or save a copy for possible future use. In particular, prior to the conclusion of the on-line purchase procedure and payment, the Customer shall be requested to read and accept these General Terms and Conditions of Sale, as well as to print or save an electronic copy, and in any case to store these General Terms and Conditions of Sale in accordance with the provisions of Legislative Decree No. 206/2005 (“Consumer Code”).
3.4 The contract entered into between the Parties shall be considered finalised and effective between them when the Seller receives the order from the Customer and sends an e-mail confirming and summarising the order and following payment of the price by the Customer.
3.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe these Terms and Conditions of Sale in his dealings with the Seller. If the Customer does not agree with any of the terms herein, he/she is invited not to submit the order form for the purchase of products on the Site.
3.6 By submitting the order form, the Customer confirms that he/she also knows and accepts the further information contained on the Site, in the General Terms and Conditions of Use and in the Privacy Policy.
3.7 The order form shall be filed in the Seller’s database for the period of time required to process orders and in any case within the terms of the law. The Customer may access the order form by consulting the Personal Area > “My Orders” section or, if the Customer is not registered on the site, in the Support Area, by entering the order code and the email used when filling out the order creation form.
3.8 The language available to the Customer to conclude the contract with the Seller is the language selected when creating the order.
3.9 Product prices may be subject to updates. The Customer is obliged to ascertain the final sales price before submitting the corresponding order form.
3.10 Purchase requests from countries not included among those listed in the section “Product shipment and delivery” cannot be accepted by the Seller.
3.11 Once the contract is concluded, the Seller shall take charge of the corresponding purchase order.
3.12 The Seller may not process purchase orders forwarded by the Customer if sufficient guarantees of solvency are not provided or if the data provided by the latter are incomplete or incorrect. In these cases, the Seller shall inform the Customer by e-mail of the non-conclusion of the contract, indicating the reasons why it was not possible to process the order.
3.13 In general, all items on the site are immediately available. However, the Seller shall under no circumstances be held liable for the temporary unavailability of one or more products. If specific products presented on the site are no longer available or on sale after the Order Form has been sent, it shall be the Seller’s responsibility to inform the Customer, prior to the Order Confirmation, of said unavailability. Without prejudice to what is agreed below (see section “Right of Withdrawal”), the Customer’s sending of the order form also constitutes acceptance of a possible partial delivery, limited to the products available within those ordered, as well as a waiver of the right to claim compensation and/or indemnity. If the Customer has already paid for the complete order, the Seller shall refund the amount corresponding to the unavailable products according to the procedures described below (see section “Refund terms and conditions”).
3.14 When the products are actually shipped, the Seller will send the Customer, at the e-mail address and in the language indicated in the order form, an e-mail containing all the information relative to the shipment, costs and expected delivery times. In addition, the total cost of the order (with and without VAT) and the main information relating to the payment made will be indicated.
4. ORDER CANCELLATION
4.1 Without prejudice to the provisions on withdrawal, it is possible to cancel orders that have not yet been processed (marked with the status “in progress or awaiting payment”) by contacting Customer Service via the form at https://sangueblu.shop/contatti/ .
4.2 It is not possible to cancel an order once the shipment process has begun.
4.3 In the event that, at the time of cancellation of an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the section “Refund terms and conditions”).
5. GUARANTEES AND AFTER-SALES SERVICE
5.1 The Products offered on the Site are exclusively top-quality products.
5.2 The Seller does not sell irregular products or products of lower quality than the corresponding standards offered on the market.
5.3 The essential characteristics of the Products are indicated on the Site on each Product detail page. However, the images and colours of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that the Customer may not make any claims against the Seller and/or the Supplier in the event that the packaging of the Product delivered does not coincide with the image of the Product shown on the Site in terms of colour/shape/size. In fact, the Seller reserves the right to change the Product packaging at any time.
5.4 The Seller pays the utmost attention to the adherence of what is described and presented on the Site with respect to what is reported on the Product packaging. In any case, it is emphasised that, where differences are found, the order confirmation shall prevail.
5.5 Upon delivery by the courier of the purchased Product, the Customer shall check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials (adhesive tape or metal straps). Upon receipt of the Products, the Customer shall:
– ensure that the packaging is intact. If this is not the case, the Customer must NOT collect the Products and leave them with the courier. Should this occur, the Customer is obliged to promptly notify the Seller in order to proceed with the resending of the purchased goods as soon as possible;
– sign the goods receipt document presented by the courier, always inserting the words “ACCEPTED WITH RESERVE”. This will make it easier and quicker to obtain any refunds for damage attributable to transport;
– photograph the parcel – if the Products received are damaged or incomplete/incorrect – both externally and internally so that, in the event of a request for reimbursement, the Seller can request such material to verify the actual problem.
Once the courier’s document has been signed, the Customer may not make any objection as to the external characteristics of what has been delivered and the risk of loss of or damage to the Products shall to all intents and purposes be transferred to the Customer.
5.6 All the Products offered through the Site are covered by the legal guarantee provided for by the Consumer Code in the event of a lack of conformity of the Product, which shall occur when the Product purchased is not suitable for the use for which goods of the same type are normally used, or does not comply with the description made by the Seller.
In the event of a lack of conformity of the Product, the Customer may, under penalty of forfeiture, request warranty service through the contact form on the website within 60 (sixty) working days from the date of receipt of the products (for obvious defects) or from the discovery of the defect (for hidden defects), specifying the reason “guarantee for non-conforming product”, the order code and the reason for the claim. The Seller, having verified compliance with the above, shall indicate to the Customer the procedures envisaged for repair or replacement of the product under warranty. The Seller, where necessary, shall arrange, at its own expense, for the defective Product to be collected by an express courier, directly to the address indicated by the Customer. Following receipt of the product, the Vendor, in agreement with the Supplier, will assess its actual alteration and, in the event of a positive response, will repair or replace the goods at its own expense, within and no later than 30 (thirty) days from the date of receipt of the return. In the event of a negative response, the Seller shall promptly communicate the negative outcome of the return procedure to the Customer, to whom no replacement product will be sent. In any event, the Customer may, at its own expense, collect the product from the Seller within and no later than 30 (thirty) days from the communication of the negative outcome of the procedure.
5.7 The conformity guarantee on the products shall be correctly applied if the following conditions are also fully complied with: a.) the request for opening of the warranty procedure contains information on the order code and reason for return; b.) the returned products are sent to the Seller in a single shipment. In fact, the Seller reserves the right not to accept products of the same order, returned and shipped at different times. The Vendor reserves the right to ask the user to enclose with the request to make use of the Legal Guarantee of Conformity, the Order Confirmation and/or the Delivery Note or other document proving the date the purchase was made and the date of delivery.
5.8 The Customer may request a reduction in the purchase price or termination of the contract in the following cases
– when the Seller has unjustifiably failed to replace the Product within the term indicated to the Customer, which shall not exceed 30 (thirty) days from the Product replacement request sent by the Customer;
– when, notwithstanding the replacement of the Product, the lack of conformity of the Product persists;
– when the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. The Customer may not rescind the contract if the Seller can prove that the lack of conformity is minor.
5.9 The Seller shall not be liable or obliged to pay compensation for indirect, immaterial or collateral damage, including (without limitation): loss of profit, loss of earnings, production limitations, administrative or personal costs, loss of customers or third-party lawsuits. This guarantee is only valid for products purchased by a Customer residing within the territory of Italy.
5.10 The limitation of liability set out in Article 5.9 shall not apply in the event of fraud, wilful misconduct or gross negligence on the part of the Seller, or serious injury or death caused by grossly negligent conduct on the part of the Seller.
5.11 The Product Conformity Warranty is reserved for Customers of the Site. It applies only to users who have purchased on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. To those who have purchased on the Site and who do not have the status of Customers, the warranty for defects of the thing sold, the warranty for defects of promised and essential qualities and the other warranties provided for by the Civil Code with the relative terms, forfeitures and limitations shall be applied. Excluded from the scope of application of the Product Conformity Warranty are any failures or malfunctions caused by accidental events or by the user’s liability or by use of the product not in accordance with its intended use and/or with the provisions of the product’s instructions for use, and in cases where the products are stored in unsuitable places or exposed to the weather, dirt or contaminating agents.
6. PAYMENTS
6.1 The Seller will only accept payments in Euro currency.
6.2 For payment of the price of the products and the related shipping and delivery costs, the Customer may use one of the methods indicated in the order form.
7. PRODUCT SHIPMENT AND DELIVERY
7.1 The Vendor ships its products in Italy by means of leading express couriers. Delivery is made by express courier in 1-3 working days (i.e. Monday to Friday) from the conclusion of the contract. In any case, the Seller reserves the right to deliver the ordered products within a maximum term of 30 days from the Order Confirmation email.
7.2 The Seller undertakes to do everything necessary to respect the delivery times indicated above, but shall in no case be held liable for damages or inconveniences caused by any delays.
7.3 The countries to which the Seller ships are: Europe, South America and North America.
7.4 The cost for each shipment, associated with an order, will vary according to the following parameters: the place of destination and the total weight of the Products purchased with the single order, and it will be in any case made explicit both during the order transmission procedure and in the Order Confirmation.
7.5 All of the above costs are inclusive of VAT, to the extent permitted by applicable law.
7.6 The Customer is required to always check the number and integrity of packages. In the event of anomalies or damage, the complaint must be made immediately to the courier, refusing the delivery and promptly reporting the incident to Customer Service. Replacement and redelivery costs shall be borne entirely by the Seller.
7.7 La Consegna tramite spedizione espressa si intende al piano strada e sarà effettuata, salvo diversa indicazione, dal lunedì al venerdì nel normale orario di ufficio (dalle ore 9:00 alle ore 18:00), escluse le festività nazionali.
8. RIGHT OF WITHDRAWAL
8.1. Pursuant to Article 52 of the Consumer Code, the Customer shall have the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, in accordance with the terms and procedures indicated in the following articles.
8.2 In order to exercise the right of withdrawal, the Customer shall send the Seller a communication to that effect to Customer Service, within 14 days from the date of receipt of the Products in respect of which the right of withdrawal is being exercised, by contacting Customer Service through the form at https://sangueblu.shop/contatti/ .
8.3 Once the above-mentioned notice of withdrawal has been received, the Seller, after verifying compliance with the terms for exercising the right of withdrawal, shall send, through its Customer Service, a “return opening” email to the Customer, containing the procedure to be followed for the return of the Products (see “Return procedure for withdrawal”).
The returned Product must be received by the Seller within 14 days from receipt of the communication of the return opening for withdrawal.
Upon receipt of the Products, the Seller shall open a refund procedure (see Refunds) if and only if the Products have been sent within the established terms (the postmark or the date of delivery to a courier, if any, shall be the date of delivery) and if the Products are perfectly intact and in their original packaging complete in all its parts (product packaging and accessory documentation) and repackaged in a condition such that they can be put on sale again.
8.4 In the event of withdrawal communicated by the Customer in the manner set forth in the preceding article, the Seller shall reimburse the Customer for all amounts paid by the latter, including those by way of delivery costs of the Products, where applicable, within 14 days from receipt of the withdrawal notice sent by the Consumer-Customer. Return costs shall be borne by the Customer. Shipment, until the certificate of receipt at the warehouse indicated by the Seller, is under the full responsibility of the Customer. Upon its arrival at the address indicated by the Seller, the Product shall be examined to assess any damage or tampering not resulting from transport. If the packaging and/or original packing are damaged, the Seller shall deduct from the refund due a percentage equal to the respective loss of value of the Product.
8.5 In consideration of the characteristics of the Products sold by the Seller, the right of withdrawal shall apply exclusively to the Product purchased in its entirety; it is not possible to exercise withdrawal only on one or more parts of the Product purchased. In case of Orders comprising more than one Product, it shall be possible to exercise the right of withdrawal in respect of one or more Products of the Order, specifying the description of the Products to be returned in the notice of withdrawal. In these cases, the refund will be made in the manner indicated in the preceding article.
8.6 Regardless of the correspondence between the addressee of the Products indicated in the Order Form and the person who made the payment of the amounts due for their purchase, the refund of the amounts shall always be made by the Seller in favour of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made). The Seller, also in accordance with the Consumer Code, reserves the right to withhold the refund until it has received the Products back or until the Customer has proved that he has sent the Products back.
8.7 The Right of Withdrawal shall be deemed to have been properly exercised if the following conditions are also fully met
8.8 Pursuant to Article 59 letter e) of the Consumer Code, the right of withdrawal is excluded with respect to sealed Products that are not suitable to be returned for hygienic or health protection reasons, when such Products have been opened after delivery.
9. RETURNS
9.1 The return procedure is opened only following a request by the Customer to exercise the right of withdrawal. In any case, following the request by the Customer, the Seller will verify the actual existence of the conditions necessary for the opening of a return procedure.
9.2 Following the opening of a return procedure, the Seller will send the Customer an email containing a description of the methods of returning the product.
9.3 Shipping costs are borne by the customer.
9.4 The returned package must contain a copy of the Order Confirmation sent to the email address indicated by the Customer or the waybill on the package at the time of receipt. They will not be collected in any case parcels on delivery or in port assigned.
10. TIMING AND METHOD OF REFUND
10.1 A refund procedure can refer to two different types of situations:
10.2 Whatever the method of payment used by the Customer and except as indicated in the matter of withdrawal in article 9 above, the refund is activated by the Seller in the shortest time possible and in any case within 30 (thirty) days from sending the Order Confirmation (in the case of partial refund due to the unavailability of one or more products) and 14 (fourteen) days from receipt of the Notice of withdrawal (in the case of withdrawal) using where possible the same payment channel with which the order was made.
10.3 Regardless of the correspondence between the recipient of the products indicated in the order form and the person who paid the sums due for their purchase, the refund of the sums will always be made by the Seller in favour of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made).
11. PRIVACY
11.1 Privacy information is contained in the Privacy Policy which is an integral part of these Terms of Sale.
11.2 For any other information on the privacy management policy, you can send a specific request via the form to Contacts page.
12. APPLICABLE LAW AND DISPUTE OF RESOLUTION
12.1 These Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
12.2 For any and all disputes that may arise in connection with the application, interpretation and execution of these general conditions of sale, the court of the place of residence or elective domicile of the Customer shall have jurisdiction.
13. CHANGES AND UPDATING
13.1 These Terms of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the site.
The following conditions are addressed to all users who access, use and/or register on the website sangueblu.shop.
Access to and use of the website as well as the purchase of products presuppose the reading, knowledge and acceptance of these General Conditions of Sale.
14. INTELLECTUAL PROPERTY RIGHTS
The contents of the site, such as, by way of example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published, including menus, web pages, graphics, the colours, diagrams, tools, fonts and design of the website, diagrams, layout, methods, processes, functions and software forming part of the website, are protected by copyright and any other intellectual property rights of UBERTI SRL and other rightholders. The reproduction, in whole or in part, in any form, of the site and its contents is prohibited, without the express consent in written form of UBERTI SRL.
UBERTI SRL has the exclusive right to authorize or prohibit the direct or indirect reproduction, temporary or permanent, in any way or form, in whole or in part, of the site and its contents. With regard to the use of the site, the Customer is only authorized to view the website and its contents. The Customer is also authorized to perform all other temporary acts of reproduction, without proper economic importance, which are considered transitional or accessory, an integral and essential part of the same display of the site and its contents and all other browsing operations on the website that are performed only for a legitimate use of the site and its contents.
The Customer is not authorized to perform any reproduction, on any support, in whole or in part, of the site and its contents. Any act of reproduction must be, from time to time, authorized by UBERTI SRL or, if necessary, by the authors of the individual works contained in the website.
Such reproduction operations must be performed for lawful purposes and in compliance with copyright and other intellectual property rights of UBERTI SRL and the authors of the individual works contained in the website. The authors of individual works published on the site have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves including any act or damage caused to the works, that is prejudicial to their honor or reputation.
15. TRADEMARKS AND DOMAIN NAMES
UBERTI SRL is directly the exclusive owner of the “sangueblu.shop” logo and domain and any other distinctive sign.
All the distinctive signs that distinguish the products sold on the site are registered trademarks of UBERTI SRL and are used within the site, for the sole purpose of distinguishing, describing and advertising products for sale.
The Customer is not authorized, except with the consent of UBERTI SRL and any other owner of registered trademarks, published on the website, to use these trademarks, also and especially to distinguish products or services even not similar to those of the site or the other owners of trademarks.
Any use of such trademarks that does not comply with the law, as unauthorized, is prohibited and entails serious legal consequences. It is in no way permitted to use such marks and any other distinctive signs on the site in order to take unfair advantage of the distinctive character or reputation of those marks or in such a way as to prejudice them and their owners
16. APPLICABLE LAW AND DISPUTE RESOLUTION
These General Conditions of Sale are governed by Italian law.
The Customer declares to have taken exact vision of the clauses and conditions above and in particular, to the senses and for the effects of art. 1341 c.c., dichiara di accettare espressamente le seguenti clausole delle Condizioni Generali di Vendita: 2.3, 3.4, 3.5, 3.12, 3.13, 4.1, 4.2, 5.3, 5.5, 5.6, 5.7, 5.8, 5.9, 5.11, 8.1, 8.2, 8.3, 8.4, 8.5, 8.7, 8.8, 9.4, 12.1, 12.2, 13.1.
UBERTI SRL has taken all measures to prevent the publication, on the website, of content that describes or represents scenes or situations of physical or psychological violence or such that, according to the sensitivity of users of the site, may be deemed to be detrimental to civil convictions, human rights and the dignity of persons, in all its forms and expressions.
In any case, UBERTI SRL does not guarantee that the contents of the website are appropriate or lawful in other countries, outside of Italy.
However, if such content is found to be unlawful or illegal in some of these countries, please avoid accessing our website and if you choose, in any case, to access it, we inform you that the use you decide to make of the services provided by the site will be your sole and personal responsibility.
UBERTI SRL has also taken every useful precaution to ensure that users that the contents of the site are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the website and, as far as possible, also subsequently.
UBERTI SRL also cannot guarantee its users that the website operates continuously, without interruptions and in the absence of errors or malfunctions due to the Internet connection.
For any problems encountered in the use of the website, the Customer may contact the Customer Service. A manager of UBERTI SRL will be at your disposal to provide assistance and to help you restore the functionality of your access to the website, if this is possible.
Likewise, we recommend that you contact your Internet service provider or check that each device for Internet connection and access to web content is enabled correctly, including your Internet browser.
Although UBERTI SRL will try to do everything possible to ensure continuous access to the website, the dynamic nature of the Internet and its contents may not allow the site to operate without suspensions, interruptions or discontinuities due to the need to update the website.
UBERTI SRL has adopted appropriate technical and organizational measures to safeguard the security of services on the site, the integrity of electronic traffic and communications data with respect to unauthorised forms of use or cognition and to avoid the risk of dispersion, destruction and loss of confidential and non-confidential data and information relating to its users, or unauthorized access, or not in accordance with the law, data and information itself.