1 - INTRODUCTION
The present sale terms (hereinafter "General Terms") regulate the sell of products marketed by www.ahirain.com website. All product purchase contracts between the Vendor and the Customer processed via www.ahirain.com website and according to procedures there indicated, will be governed by the present General Terms.
2 - ACCEPTANCE OF SALES TERMS
1 - The contract between ahirain and the Customer shall be considered concluded with acceptance, even if only partial, of the order by AGA 15 S.r.l., which reserves the right, at its sole discretion, to accept the order. The acceptance is deemed to be implicitly given save as otherwise communicated in a whatsoever manner to the Customer. By ordering through the various procedures provided, the Customer acknowledges to have carefully examined the whole information provided during the purchase procedure, and to accept in full the general terms and the conditions of payment as set forth hereafter.
2 - If the Customer is an end consumer (i.e. an individual who buys the goods for purposes not related to his professional activities), once the online purchase is closed, he shall print or otherwise save an electronic copy of the procedure, and, at any rate, keep a copy of these general terms, as provided by para. 3 and 4 of the Legislative Decree (hereinafter "LD") 185/1999 on mail-order sales.
3 - It is excluded any right for the Customer to be compensated for the damage, as well as any contractual or extra contractual responsibility for direct or indirect damages to persons and/or things, caused by non-acceptance, even partial, of an order.
3 - PURCHASE PROCEDURES
1 - The Customer can only purchase the products which can be found in Ahirain electronic catalogue as at the time of forwarding the order and which can be seen online at www.ahirain.com, as described in the respective information cards. The technical information included on www.ahirain.com website faithfully reproduces those of the goods in the catalogue. Ahirain therefore reserves the right to change the technical information of products, without needing to provide any notice. It is understood that the picture which comes with the description card of each product can be not fully correspondent with its features, but can differ in the colour, the sizes, the additional products which can be found in the picture. All purchase support information (Glossary, Guide to the purchase, etc.) are intended as mere material for general information, not referring to the real characteristics of a single product.
2 - The correct receipt of the order is confirmed by Ahirain by email. The email will be sent to the email address provided by the Customer. Such confirmation will contain the Date and the Hour of the order’s receipt and a "Customer Order Number" to be used in any subsequent communication with Ahirain. The message will report all the data indicated by the Customer, who shall check their correctness and give notice in good time of any amendments, in compliance with the procedure described in this document. The Customer can verify the status of its order by accessing to its private access area at the entry "Order status".
3 - In the case of non-acceptance of the order, Ahirain ensures timely notification to the Customer.
4 - All prices appearing on the website are construed as retail prices, not inclusive of any custom clearance for deliveries in non EU countries. Ahirain reserves the right to change prices at any time, without giving any prior notice. In the event of an incorrect price is published and/or clearly insignificant, for whatever reason (error in our systems, human error, etc.), the order will be cancelled, even if there has been an initial validation.
5 - At the moment of the order, available product amount is viewable on www.ahirain.com website. Since the simultaneous access of many Customers and the possibility of simultaneous "online" orders affect product availability, Ahirain does not guarantee the certainty of allocation of merchandise.
6 - For certain products, subject to price promotions, Ahirain reserves the right to accept orders by reducing their quantities, upon notice and acceptance by the Customer, failing which the order shall be deemed cancelled.
4 - PAYMENT METHODS
In the event of payment by Credit Card, the handling bank will complete the online transaction authorizing payment of the purchased amount only. The amount relating to the dispatched goods will be charged on the Customer’s credit card once finalizing the order. All Credit Cards from Visa and MasterCard circuits are accepted. In the event of order cancellation, be it by the customer or by AGA 15 S.r.l., it is the latter who will register the cancellation of the transaction and the disengagement of the amount committed. The order may be cancelled when it is not yet shown to be in execution process. The status of an order is clearly visible and tracked down by checking the “Order Status” panel and is no longer voidable if the panel indicates “Order in process”. The timing of disengagement of the cancelled order amounts depends exclusively on the banking system, as it varies from card to card, and can be up to the natural expiry date ( 24days from authorisation date). When a transaction cancellation has been requested, AGA S.r.l. is dispensed from any responsibility for eventual direct or indirect damages caused by Banking system delayed-release of the amount. In order to avoid the expiration of the authorization of the transaction (24 days) and in the event that the Customer's order continues to remain open after the 23rd day from the date of submission, AGA 15 S.r.l. shall debit the Customer’s credit card with the attributable amount, even though such debit will be in advance of the physical delivery of the goods. AGA 15 S.r.l. reserves the right to require supplementary information from the customer such as a land line phone number or copies of Personal documents proving ownership of the credit card used to purchase goods. In the absence of the required documentation AGA 15 S.r.l. reserves the right to decline the order. At no time during the purchasing process AGA 15 S.r.l. will acquire information related to the buyer’s Credit Card, as all data is typed directly on the handling bank’s web page (with high security systems). Since no data is transmitted, there is no possibility for this same data to be intercepted. AGA 15 S.r.l. does not store or maintain any archives or data containing customer’s credit cards and in no event shall AGA 15 S.r.l. be held responsible for any fraudulent or improper use of credit cards by third parties during the payment of products purchased at www.ahirain.com.
PREPAID CREDIT CARD
In case of purchase with a Prepaid Credit Card, the customer inserts the card’s identification numbers; simultaneously upon concluding the online transaction the banking institution of reference will authorise only the commitment related to the purchase being concluded. The total sum related to the dispatched products will be charged on the Customer’s credit card once finalizing the order. In the event of order cancellation, be it by the customer or by AGA 15 S.r.l., it is the latter who will register the cancellation of the transaction. The order may be cancelled when it is not yet shown to be in execution process. The status of an order is clearly visible and tracked down by checking the “Order Status” panel and is no longer voidable if the panel indicates “Order in process”. The timing of disengagement of the cancelled order amounts depends exclusively on the banking system, as it varies from card to card, and can be up to the natural expiry date ( 24days from authorisation date). When a transaction cancellation has been requested, AGA 15 S.r.l. is dispensed from any responsibility for eventual direct or indirect damages caused by Banking system delayed-release of the amount. At no time during the purchasing process AGA 15 S.r.l. will acquire information related to the buyer’s Credit Card, as all data is typed directly on handling bank’s own web page (with high security systems). Since no data is transmitted, there is no possibility for this same data to be intercepted. AGA 15 S.r.l. does not store or maintain any archives or data containing customer’s credit cards and in no event shall AGA 15 S.r.l. be held responsible for any fraudulent or improper use of credit cards by third parties during the payment of products purchased at www.ahirain.com.
In case of purchase through the PayPal payment method, at the end of the order the Customer is directed to the PayPal login page. The amount of the order is charged to the PayPal account at the time of the placing the order. In case of cancellation of the order either by the Customer or by AGA 15 S.r.l., the amount will be refunded to the Customer's PayPal account. The cancellation is possible until the moment in which it is not yet in stock preparation. The order status is clearly visible in the "Order status" area and is no longer voidable if the indication "In progress" is present. Once the transaction is cancelled, AGA 15 S.r.l. cannot, in any way, be held responsible for any direct or indirect damage deriving from delay or failure of releasing the order amount by PayPal. At no time during the purchase process is AGA 15 S.r.l. able to know Customer credit card information. Since there is no data transmission, there is no possibility for this data to be intercepted. No archive of AGA 15 S.r.l. contains, or maintains such data. For every transaction made with PayPal account, the Customer will receive a confirmation email from PayPal.
The procedure of payment by Bank Tranfer is easy and secure. In the payment page, the customer selects “pay by bank transfer” from the list of the payment methods accepted. Once selected the payment currency and clicked on “confirm my order”, the customer may make the bank transfer to: AGA 15 S.r.l. IBAN: IT32M0623038171000063692041 SWIFT: CRPP IT 2P608 Credit Agricole agenzia Sovigliana Vinci (FI) The payment by bank transfer has to be carried out within 5 days from the date of the order. Description of payment should include the number and the date of the order. After due verifications, AGA 15 S.r.l. will proceed shipping the products ordered.
CASH ON DELIVERY
In case of purchase through the cash on delivery payment method, the customer will pay for the order directly at the time of delivery. Upon carrier’s arrival, the customer will pay for the amount indicated in the consignment note, namely the transport document, by way of cash payment. Payments by checks are not accepted. The delivery of the order will be completed only against full payment of the required amount. In case of return of goods, the reimbursement will take place through bank wire on the customer’s bank account. In case of failure to collect the due amount, the package will be sent back to the sender and the order will be canceled. Customer shall be charged with all servicing costs incurred.
5 - TERMS FOR USE OF THE VOUCHER
The Voucher could have a variable expiry date, according to the commercial conditions agreed by the Customer at the time of purchasing it. The Voucher could be fragmented and used to submit more than one order, amounting to more of the total Voucher monetary value. The Voucher is not transferable, shall only be used to purchase products on www.ahirain.com website and can not be converted into cash or use to purchase other vouchers. In the event of a order amounting to more than the monetary value of the Voucher, the difference shall be paid to confirm the order, selecting a payment method among those available. The right of withdrawal shall not be applied to the purchase of Vouchers. The right of withdrawal is ensured to the recipient of the Voucher, if he is in possession of the characteristics required by law. AGA 15 S.r.l. cannot be held responsible for any theft of Voucher or for the fraudulent use of the same. AGA 15 S.r.l. cannot be held responsible for any loss or wrong use of the activation code related to the Voucher. Vouchers cannot be accumulated with other discounts and promotions on the website and also with other vouchers.
6 - SECURITY OF TRANSACTIONS
Online transactions carried out by Credit Card take place directly on the Bank’s website, passing through a Secure Server which implements the SSL (SecureSocketALayer) protection system. This protocol allows to communicate in a planned modality in order to avoid interception, modification or falsification of information. AGA 15 S.r.l. is not aware of the data of Credit Cards used by its customers.
7 - DELIVERY TERMS
AGA 15 S.r.l. can only accept orders with delivery in the European territory. For every order placed on www.ahirain.com, AGA 15 S.r.l. will issue an invoice for the purchased products. For the issue of the invoice, information provided by Customer during the order will be authentic. Once the invoice has been issued, no modification of the same will be possible. The shipment expenses shall be borne by the Customer and are explicitly highlighted at the time of entering the order. Payment of goods by the Customer will be made by means of the method selected at the time of placing the purchase order. No further fees or commission is due to AGA 15 S.r.l.; any custom clearance for deliveries in non EU countries is borne by the end Customer. The delivery of goods ordered is meant to the apartment floor up to 30Kg weight. The goods travel with packaging realized by the producer or in cardboard boxes properly sealed. The delivery times of purchased goods shall be considered merely indicative and amount to approximately 2-3 days. The same may change for reasons of force majeure or because of traffic and road conditions in general or by act of the authority. The delivery, unless otherwise agreed in writing, shall take place from 9.00 to 13.00 and from 14.00 to 18.00 daily, except holidays, from Monday to Friday. No responsibility can be attributed to the company AGA 15 S.r.l. in case of delay in the fulfillment of the order or delivery of goods ordered.
Upon delivery of the goods by the courier, the Customer is required to check:
- - that the number of packages delivered corresponds to what is indicated on the invoice;
- - that the packaging is not damaged, wet or otherwise altered.
Possible damages to the packaging and/or the goods, or the non-correspondence of the number of items or of the indications, must be immediately notified to the courier by writing "goods accepted under reserve" on the proper delivery document. In the specific case of damaged package, write "withdrawal with reserves because the package is damaged". It is also required opening a file to AGA 15 S.r.l., by sending an email to the addresses indicated in the Contacts section. Once the delivery note of the forwarder has been signed, the Customer could not complain anymore about the external peculiarities of the delivered goods. Even if the packaging is intact, the goods must be checked within eight days from the receipt. Any hidden defects must be reported in writing by registered letter with acknowledgment of receipt to the courier, whose address is explained on the accompanying document. It is also required opening a practice at fault AGA 15 S.r.l., by sending an email to the addresses in the Contacts section. Any complaint relating to products delivered that does not meet the criteria specified above will not be taken into consideration. For each declaration, the Customer assumes full responsibility for his statements.
TIME FOR FULLFILMENT OF AN ORDER
"Times for fullfilment of an order" refers to the period of time between the receipt of the order to the delivery of a product to a courier. All orders for products in stock, for which a payment confirmation has been received by 12.00 of a working day, are delivered to the courier within the following 72 hours.
Delivery costs are clearly indicated on each item. AGA 15 S.r.l. reserves the right to vary delivery costs, without any notice, with the change of the conditions of use and contracts with couriers. From time to time, AGA 15 S.r.l could launch sales campaigns with free delivery costs, without prejudice to AGA 15 S.r.l. ability to require a contribution to the Customer for packaging and transport expenses.
8 - RIGHT OF WITHDRAWAL
1 - According to art. 64 of the LD no. 206/2005, if the Customer is a consumer (i.e. an individual who buys the goods for purposes not related to his professional activities, not specifying a VAT number in the order form sent to AGA 15 S.r.l.) has the right to withdraw from the purchase contract for whatsoever reason, with no need to provide justifications for it and with no penalties, apart from what specified at the following point 3. 2 - In order to exercise such a right, the Customer shall follow the Return Procedure included in the FAQ section "What are the procedures for returned goods". Returned goods shall be accompanied by a duplicate paper note containing the return authorization number, one copy inside and one copy outside the package. The goods shall be shipped to AGA 15 S.r.l. within 10 working days from the authorization, at the following address: Ahirain Shop Online C/O Magazzino Via I Maggio, 14 50053 Empoli (FI) Italia 3 - The right of withdrawal is in any case subject to the following conditions: The right applies to purchased products in their entirety; it is not possible to exercise withdrawal only on a part of the product; The purchased product must be returned in its entirety and in the original packaging, including all its components (packaging and any documentation). We ask you to write the RMA (Returned Materials Authorization) number issued by AGA 15 S.r.l.: shipment expenses for the return of the goods shall be borne by the Customer; until the declaration of receipt in our warehouse, the shipment is under the Customer's complete responsibility; in the event of damage to the product during shipment, AGA 15 S.r.l. shall notify the Customer (within 10 working days from receipt of the goods in its warehouses), to allow the Customer to timely file a complaint against the courier chosen by the Customer and to obtain refund for the value of the goods (if insured); in this case the product shall be made available to the Customer for its return and at the same time cancel the request for withdrawal and therefore its refund.
AGA 15 S.r.l. cannot, in any way, be held responsible for damage, theft or loss of goods returned by uninsured shipments;
4 - AGA 15 S.r.l will refund the Customer the full amount paid as quickly as possible and in any case within thirty (30) days of receiving returned goods , upon receipt of the notice of withdrawal by the customer and by following the transfer procedure of the amount charged to credit card, paypal account or by bank transfer. In this last case, it will be cure of the Customer to timely provide the banking details for the reimbursement (ABI - CAB - Current account-SWIFT of invoice holder). 5 - The entirety of the goods is the essential condition to exercise the right of withdrawal (packaging and/or its content) if AGA 15 S.r.l. ensures:
- that the damage of the product is due to reasons not related to its shipment;
- a dirty state of the product due to its use, compromising the entirety.
Transportation costs and related risks for returning are entirely at Customer's charge. The return of products that are damaged or deteriorated will not be accepted by AGA 15 S.r.l. and will be returned to sender with the burden of shipment costs. In the case of forfeiture of the right of withdrawal, AGA 15 S.r.l. will return to sender the purchased item, charging shipping costs to the Customer.
9 - GUARANTEE
All products marketed by AGA 15 S.r.l. are covered by a conventional warranty of the manufacturer as per Italian LD no. 24/02. To make use of warranty support, the Customer has to keep the invoice (or the Document of Transportation), received along with the items purchased. Customer can always download from www.ahirain.com website all the invoices related to his purchases, through the private area on the website.
10 - PRIVACY
Personal data gathered during processing of the order are collected by AGA 15 S.r.l. and maintained on computerized systems to comply with obligations arising from the agreement settled with the Customer and in no case and under no title will be released to third parties. AGA 15 S.r.l. guarantees to its Customers the respect of rules on the processing of personal data covered by the Privacy Code under LD 196, 30.06.03. Holder of personal data is AGA 15 S.r.l.,Via Del Corso 101 Rome (RM) Italy, having as representative the actual legal delegate, saved the nomination of a responsible person as per art. 29 of LD no. 196/2003. The Customer has the right, at any time, to revoke permission to treat his personal data previous written notice to be sent to the legal seat of AGA 15 S.r.l. The Customer, who states to have received information according with art. 13 and related rights, in compliance with art.7 of LD no.196/2003, has the right to access his personal data according to the procedures established by law. Marketing communications will be sent only with the explicit consent of the Customer issued along with the authorization to the processing and sending of online registration form.
11 - COMPLAINTS
Any complaint shall be submitted to AGA 15 S.r.l., Via I Maggio, 14, 50053 Empoli (FI), Italy.
12 - JURISDICTION AND APPLICABLE LAW
The sales contract between the Customer and AGA 15 S.r.l. is stipulated in Italy and governed by Italian Law. For the solution of civil and criminal litigation arising from the conclusion of the present contract of sale at a distance, if the Customer is a consumer, the local jurisdiction is that of the reference Court of his town of residence; in all other cases, the local jurisdiction is the Court of Rome.