GENERAL CONDITIONS OF SALE - INFORMATION PURSUANT TO ART. 13 DL 196/93
General conditions of sale concerning exclusively purchases through the website ezeta.it
The sales contract is governed by Italian law and by the general conditions set out below.
1) DEFINITIONS
The term "online sales contract" means the sales contract relating to the Seller's tangible movable goods, stipulated between the Seller and the Buyer within the scope of a remote sales system via electronic tools, organised by the Seller.
The term "Purchaser" refers to the consumer, a natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity carried out, or the Company, a legal person.
The term "Seller" refers to the person who carries out the sale of the goods which are the object of this contract.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Salesperson:
- EZETA with headquarters in Rome, Via Tiburtina 524, 00159 Rome , VAT number no. 17354621009
Buyer:
- final subject that can be identified as a physical and/or legal person
3) OBJECT AND CONCLUSION OF THE CONTRACT
All products on the website www.ezeta.it constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code and are sold directly by Ezeta, with registered office in Via di Novella 22, 00199 Rome – VAT number 17354621009 .
4) PAYMENT METHODS AND REFUND
The Seller accepts the following payment methods:
- advance payment of the products ordered by means of the main Credit Cards (Mastercard and Visa circuits) and Bank Transfer.
Credit card data is managed directly by IW Bank or other banks, specialized in managing online payments.
- Cash on delivery, you will pay when you collect the ordered goods from the GLS or SDA courier
Any refund to the Buyer, if the Buyer is entitled to it, will be credited by deducting any costs attributable to us (e.g. shipping costs incurred), at the latest within 30 days from the date on which the Seller became aware of the cause that generates the right to a refund.
5) DELIVERY TIMES AND METHODS
Upon delivery, please check the condition of the packaging.
If the package is intact, cross out the wording GOODS RECEIVED INTACT on the invoice.
In the event that the packaging is not perfectly intact, collect the goods by crossing out the wording "GOODS RECEIVED WITH RESERVATION OF INSPECTION" on the invoice and communicating via fax or e-mail with our customer service office. If upon opening the package the goods inside are damaged, we will proceed with the IMMEDIATE REPLACEMENT without any additional cost to the customer, no later than 7 days from receipt of the goods.
In the event that the package is seriously damaged, reject the goods by crossing out the wording “GOODS REJECTED DUE TO DAMAGED PACKAGE” on the invoice, communicating via fax or e-mail with our customer service office. Ezeta will arrange for the shipment of the new item at no additional cost to the customer.
In both cases, it is still necessary to send some demonstrative photos, possibly also of the packaging, so that the extent of the damage can be seen.
Delivery times:
They relate to the individual items chosen and are indicated in the product sheet.
However, it is Ezeta's priority to process correctly completed orders in the shortest possible time and with the utmost care.
6) SHIPPING AND DELIVERY COSTS
The Seller ships with the DDP (Delivery Duty Paid) formula in the EC countries. The costs are calculated based on weights, dimensions referred to the average product marketed by ezeta.it defined as "standard". In the case of purchases of products with weights and volumes outside the standard (treadmills, football goals, etc ...) the transport costs will be estimated by our sales office.
The delivery of the goods is made to the house number, delivery to the floors must be estimated separately.
Ezeta takes care of the transport risks (from our warehouse to the customer's unloading) for any damage, theft or loss of the shipped goods.
Shipments to non-EU countries or those subject to customs controls may incur the charge of customs duties, taxes or local fees, which are not included in the cost of the product or shipping. These possible additional costs are the responsibility of the recipient and must be paid once the goods reach the destination country. We cannot predict the amount of these costs, as they vary depending on the country and the customs regulations in force.
7) GOODS INSURANCE AND SELLER'S LIABILITY
The Seller insures the products against theft and accidental damage from the moment of delivery to the courier until they reach their destination. The Seller is therefore not required to replace or credit any material that has been tampered with, damaged or lost during transport.
8) PRICES
All prices displayed on the ezeta.it website are expressed in Euro (€) and include VAT and are valid for online purchases only.
ezeta.it has the right to change prices without communication or prior notice.
9) PRODUCT AVAILABILITY
If for any reason the product ordered by the Buyer for sale on ezeta.it is no longer available, ezeta.it will contact the Buyer within 30 (thirty) days from the day after the order was sent, and inform him of the temporary or permanent unavailability of such product. If possible, ezeta.it will propose to the Buyer an alternative product to the unavailable one. The Buyer may decide whether to accept the alternative product or request, if already paid, a full refund.
No responsibility can be recognized by ezeta.it in case of unavailability of products.
10) LIMITATIONS OF LIABILITY
The Seller assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract. The Seller cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers. Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to it, the Buyer being only entitled to a full refund of the price paid. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, at the time of payment for the products purchased, if it can demonstrate that it has adopted all the ordinary precautions possible at the time and based on ordinary diligence.
11) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSATORY DAMAGES: THE SELLER'S OBLIGATIONS
The Seller cannot be held responsible for the consequences arising from a defective product if the defect is due to the conformity of the product.
The lack of conformity exists when the product is not suitable for the use for which it is normally intended, does not conform to the description or does not possess the qualities promised by the seller, does not offer the usual qualities and performances of a good of the same type, is not suitable for the particular use desired by the Buyer if brought to the attention of the seller at the time of purchase and accepted by the seller (art. 129 of the Consumer Code).
12) WARRANTIES AND ASSISTANCE METHODS
With the exception of clothing and footwear, pursuant to Legislative Decree 206/2005 (“Consumer Code”) all products on sale on this site are covered by the 24-month Legal Guarantee.
The date of purchase shown on the accompanying document is valid.
If said document is missing or lost, it can be requested from ezeta.it.
ezeta.it, based on the 24-month Legal Guarantee, is responsible towards the consumer (the natural person acting for purposes outside of any entrepreneurial, commercial, artisanal or professional activity carried out) for any lack of conformity not detectable at the time of purchase.
The lack of conformity exists when the product is not suitable for the use for which it is normally intended, does not conform to the description or does not possess the qualities promised by the seller, does not offer the qualities and performances usual for a good of the same type, is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller (art. 129 of the Consumer Code).
13) BUYER'S OBLIGATIONS
The Buyer undertakes to read and accept all the conditions listed in the document.
To pay the price of the purchased goods within the times and methods indicated in the Contract.
To make a copy and keep all documentation exchanged with ezeta.it (orders, order confirmation, emails and communications) using your own means.
14) RIGHT OF WITHDRAWAL
Pursuant to art. 64 et seq. of Legislative Decree 206/05, the buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason.
The deadline for exercising this right is 14 working days (including Saturday) from receipt of the goods as required by law.
Within this deadline, the customer is required to send written and signed communication by registered letter to:
Ezeta - Via Tiburtina 524, 00159 Rome
The letter must also contain the details of a bank or postal account to reimburse the amount paid, if the payment was made by cash on delivery or bank transfer.
This letter can be sent in advance by fax to 06 55.87.960 or by e-mail to sales@ezeta.it
Together with the transmission of the letter, the customer is required to return the goods, via courier or other means, placing them in suitable packaging in order to guarantee their integrity during transport following the precautions listed below:
- the products must not have been used, worn, washed or damaged;
- products must be returned in their original sealed packaging;
- returned products must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept goods from the same order, returned separately in multiple shipments;
The products and the written communication must be sent within 14 working days (including Saturday) from the receipt of the purchased goods, to the following address:
Ezeta - Via Tiburtina 524, 00159 Rome
Shipping costs for sending the goods are the responsibility of the customer.
Only Private Customers who purchase the goods for purposes other than their own economic and work activity may exercise the right of withdrawal, providing their Tax Code and not their VAT number for invoicing.
Ezeta will credit the customer with the amount paid on the invoice, relating to the returned product, within 30 days of receiving the goods, excluding shipping costs and/or cash on delivery (where applicable).
The right of withdrawal lapses in the following cases:
- Lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Ezeta ascertains even partial use of the goods and any consumable materials;
- Missing external packaging and/or original internal packaging;
- Absence of integral elements of the product (accessories, cables, manuals, parts, ...);
- Damage to the product for reasons other than its transport;
- Food Supplements (for reasons of guaranteeing the integrity of the product)
- On all products where customization has been carried out;
- Purchases made with invoice issued for professional use
- In case of purchase of heart rate monitors, the right of withdrawal can be exercised only and exclusively if the same has not been activated. (For further information contact us at 06 55.62.001).
We inform you that the costs incurred for shipping are not subject to economic return, furthermore if the customer has not paid the shipping (for orders over €80.00) in case of return and then refund Ezeta will retain the shipping costs equal to €8.00 (eight euros).
15) EXCHANGE OF GOODS
The Seller also grants the Buyer the right to exchange goods for size or for any defects, always within the same article.
To obtain an exchange of goods, the Buyer must communicate by email to sales@ezeta.it within 14 (fourteen) working days from the day of receipt of the goods, indicating the code of the item or items that are intended to be exchanged and the size that the Buyer would like to obtain in exchange. Once the request has been received, the Ezeta Customer Service Office will send the Buyer a written confirmation of the exchange of goods. In any case, the transport costs for the exchange are the responsibility of the Buyer. The Seller will only bear the costs necessary to send the product requested in exchange. The Seller reserves the right to request photographic evidence before authorising returns or exchanges for products that are claimed to be defective. In the event that they are defective, the Seller will also bear the costs necessary to return the products to its warehouses. Exchanges or returns of products that have been tampered with, worn, washed or otherwise altered are not accepted. The Buyer will be responsible for ensuring the transport of the goods returned for exchange; in default, in case of theft or loss the goods will not be refunded. Returns of sale items or custom-made items are not accepted.
16) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF PURCHASER DATA
The Seller protects the privacy of its Buyers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, no. 196. The personal data and tax information acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, computer and telematic form. The Buyer enjoys the rights pursuant to art. 7 of Legislative Decree 196/03. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. In the absence of this, the Buyer's request cannot be processed. In any case, the data acquired will be stored for a period of time no longer than that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case be carried out in a secure manner. The owner of the collection and processing of personal data is the Seller.
“Ezeta, in the person of its legal representative pro tempore, is appointed as the person responsible for processing the User's data (email address) for the management of comment requests within the Trusted Program of the website www.ezeta.it”.
17) COMMUNICATIONS AND COMPLAINTS
Customer Service ezeta.it can be contacted by email (sales@ezeta.it).
18) CONTRACT STORAGE METHODS
Pursuant to art. 12 of Legislative Decree 70/03, the Seller informs the Buyer that each order sent is stored in digital and/or paper form on the server where the site resides according to confidentiality and security criteria.
19) DISPUTE RESOLUTION AND APPLICABLE LAW
This contract is governed by Italian law.
In the event of a dispute between the Seller and the Buyer, the more diligent party, before resorting to the competent jurisdiction, shall address to the other a letter of formal notice raising the non-fulfilments charged to the other party.
In the absence of an out-of-court conciliation or in the event of failure of the related attempt, the more diligent party, before resorting to the competent jurisdiction, must notify the other of the end of the conciliation attempt.
Any dispute or controversy regarding, among other things, the validity, interpretation, execution or non-fulfilment of this contract and in the absence of an out-of-court agreement between the parties, will be under the exclusive jurisdiction of the Court of Rome.
The parties declare to specifically accept the following clauses pursuant to art. 1341 of the Italian Civil Code:
20) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions by the Buyer.
These conditions may be updated or modified directly by transcribing the new rule on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page summarizing the order data has not yet been displayed and printed.