General conditions of contract, Information for the customer.
1. Scope of application
- These general conditions of contract (defined as “General Conditions”) of Link Gruppo S.p.A. (defined as “seller”), apply to contracts entered into by a user or an enterprise (defined as “customer”) with the seller, in respect of the goods e/o and services on sale on the seller’s site. These conditions exclude the application of customers own provisions unless otherwise agreed.
- In accordance with the law, the present general terms of conditions, the term “consumer” any physical person acting for the purposes other than those of his commercial, Industrial, artisan or professional activity. In accordance with the law the present general contract terms of conditions, “entrepreneur” means any physical or legal person or entity acting for purposes relating to their commercial Industry, craft or professional activity, including through another person acting in their name or on their behalf.
2. Conclusion of the contract
- The description of the products on the seller’s site are binding offers from the seller.
- The customer can accept the offer through the order form on the seller’s website. If an order is made via the online order form, after the receipt of the personal data, the customer by clicking on the validation button at the end of the purchase procedure provides the legally binding acceptance of the contractual offer in relation to the goods contained in their basket.
- The seller will send the order confirmation to the customer by mail or E-mail.
- If the order is transmitted through the seller’s online order form, the contract test will be saved by the seller and sent to the customer after sending the order together with the text of the general terms and conditions of the contract (e.g. via E-mail, fax or letter). The contractual text will also be archived on the Internet site of the seller and the customer will be able to access their log in data free of charge through their password protected account, provided that before sending the order, the customer has created an account in the seller’s online store.
- Before ordering the binding order through the online order form of the seller, the customer can correct their data at any time through the normal mouse and keyboard functions. In addition prior to the binding order transmission, all data will be displayed in a confirmation window, where they can still be modified using a normal mouse and keyboard functions.
3. Prices and terms of payment
- The prices indicated by the seller and definitive and inclusive of the applicable taxes according to the law any shipping and delivery costs will be indicated separately in the descriptions of the respective products.
- The customer has different payment options, as shown on the seller’s website.
4. Delivery and shipping conditions
- The goods are shipped via a shipper at the point indicated by the customer. The order will be taken into consideration to the delivery address indicated.
- If the Corriere returns the product to the seller following the impossibility of delivery, the delivery cost of shipment which were not delivered will be charged to the customer. This is not applicable if the circumstances which have made the delivery impossible is not attributable to the same address of the customers indication or that it was temporarily not possible to accept the offered service or unless the seller had not advised in advance the procedure of this service.
5. Guarantee for defects
Law standards will be applied in the cases of warranty for defects of the things sold.
6. Applicable law, competent court (court of jurisdiction)
- If the customer acts in the quality of consumer in accordance with paragraph 1.2 for all legal relationships between the contractors the Italian law is applied, with the exclusions of the convention of the United Nations on the International sales of goods; the only competent court for all the disputes arising out of this contract is that of the place of residence of the customer.
- If the customer acts in the quality of economic operator in accordance with paragraph 1.2 for all legal relationships between the contractors, the German law is applied, with the exclusion of the convention of the United Nations on the International sales of goods; the only competent court for all the disputes arising out of this contract is that of the place of residence of the customer or of the registered office of the seller.