1 SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION.

For the "on-line" contract, we mean the distance contract concerning the purchase of goods and/or services entered into between Arroweld Italia Spa, with registered office in Zanè, Via Monte Pasubio, 137, 36010 Zanè (VI), hereinafter called the "Supplier," VAT number 03354110243, and a consumer customer or a professional customer, within the framework of a system of distance selling organized by the Supplier, which, for such a contract, exclusively uses Internet technology. All contracts, therefore, will be concluded directly through the customer's access to the website corresponding to the address www.arwmisure.it.

For consumer customer, hereinafter referred to as the "Consumer," means only the natural person who enters into the contract for purposes not related to any entrepreneurial or professional activity possibly carried out.

For professional customer, hereinafter referred to as the "Professional," means the subject, natural person, public or private legal person, collective entity not recognized with autonomous legal personality, which, in entering into the contract, acts within the scope of its professional or entrepreneurial activity.


For "Customer," it simply means the buyer in a general sense, whether it is a Consumer or a Professional.


2 ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND CUSTOMER'S OBLIGATIONS

2.1. The contract between the Supplier and the Customer is considered concluded with the acceptance, even partial, of the order by the Supplier itself. Such acceptance is deemed tacit, unless otherwise communicated in any form to the Customer.
The latter, by placing an order in the various ways provided, declares to have read all the information provided to him during the purchase process and, consequently, to fully accept the general conditions and payment terms transcribed below


2.2. It is strictly forbidden to enter false and/or invented personal data in the data collection forms necessary for order fulfillment. It is also prohibited to enter data of third parties or make multiple registrations related to a single Customer. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and protection of all Customers.

2.3. The Customer and Consumer, once the online purchase procedure is completed, will print or save an electronic copy and, in any case, keep these general sales conditions in accordance with the provisions of articles 3 and 4 of Legislative Decree 185/1999 on distance sales. Therefore, the submission of the order confirmation implies complete knowledge of these conditions and their full acceptance.


2.4. The Customer is excluded from any right to request compensation or indemnification from the Supplier, as well as to attribute any contractual or non-contractual liability to the Supplier for direct or indirect damages to persons and/or things caused by the non-acceptance, even partial, of an order.


3. SALES PRICES AND PURCHASE METHODS

3.1. All sales prices of the products presented and indicated on the website www.arwmisure.it, which constitute a public offer according to Article 1336 of the Italian Civil Code, include VAT and additional shipping costs. These prices may change at any time without the Supplier being obliged to give any notice. However, once the product order is placed, the price will not change.
The cost of transportation, both nationally and internationally, duly highlighted on the specific page within the site that the Customer will review before confirming the purchase, is entirely borne by the Customer.
In the case of delivery abroad, any additional costs due to taxes or duties provided for by the regulations in force in the destination country will also be borne by the Customer.


3.2. The Customer can only purchase the products listed in the catalog at the time of placing the order and viewable online at www.arwmisure.it, as described in their respective information sheets. It is understood that the image accompanying the product description sheet may not be a perfect representation of its features.


4. PAYMENT METHODS

4.1. Credit Card: Through this payment method, at the conclusion of the online transaction, all financial information (card number, expiration date, etc.) will be automatically forwarded, through an encrypted protocol, to the relevant Bank that will proceed to debit the amount of the purchase from the Customer's bank account. Arroweld Italia Spa uses the credit card payment system in the Visa and Mastercard circuits.


4.2. In the event of order cancellation, both by the Customer, as described in the subsequent article 8, and by the Supplier, in the case of non-acceptance of the order, the cancellation of the transaction will be requested. Once the transaction cancellation has been carried out, under no circumstances can the Supplier be held responsible for any damages, direct or indirect, caused by the delay in the operation.


4.3. The Supplier reserves the right to request the Customer to send a copy of identity documents proving the ownership of the credit card used for payment. In the absence of the requested documentation, the Supplier may not accept the order and, therefore, not conclude the contract.

4.4. At no point in the purchase process is the Supplier able to know the information related to the buyer's credit card, transmitted via a secure connection directly to the website of the Bank that handles the transaction. No computer archive of the Supplier will store such data. In no case, therefore, can the Supplier be held responsible for any fraudulent and unlawful use of credit cards by third parties when paying for purchased products.


4.5. Bank Transfer in Advance: In case of payment by Bank Transfer in Advance, what is ordered by the Customer will be kept reserved until the receipt of proof of the bank transfer, to be sent to the Supplier at the fax number +39 0445 491365 and/or the email info@arwmisure.it within 3 working days from the date of order acceptance. The shipment of the ordered items will only take place upon the actual crediting of the amount due to the Supplier's bank account, which must occur within 7 working days from the date of order acceptance.

Bank coordinates: 

BANCA POPOLARE DELL'ALTO ADIGE - FIL. THIENE (VI)
IBAN: IT 55 I 05856 60790 175570175471
BIC/SWIFT: BPAAIT2B
Payable to: Arroweld Italia Spa 

If these deadlines are exceeded, the order will be automatically canceled. The reason for the bank transfer must include the order reference number, the name and surname of the Consumer, or the name of the company or individual if it is a Professional.


5. SHIPPING AND DELIVERY METHODS

5.1. Shipping and Delivery: The Supplier will deliver to the Customers, at the address specified at the time of the order, the selected and ordered products, using the methods described in this article, through trusted couriers and/or shippers (TnT, Dhl, Ups, BRT Bartolini).
The contract is completed with the delivery of the goods from the Supplier to the courier. Therefore, the Supplier will not be responsible for any non-delivery or delayed delivery, nor for total or partial damage to the goods. The courier that carried out the shipment will be solely responsible.

5.2. At the time of delivery by the courier, the Customer is required to check: that the quantity of the ordered goods corresponds to what is indicated in the order; that the packaging is intact, not damaged, wet, or altered, including the closing materials. Any damages must be immediately reported to the courier making the delivery.
Once the courier's document is signed, the Customer cannot make any complaints about the external characteristics of the delivered goods.

5.3. Delivery times: The carrier undertakes to deliver the goods within three days following the shipping date, in the Italian territory; whereas, for shipments abroad, the times vary depending on the distance. The delivery times will never exceed those provided by art. 6 of Legislative Decree 185/99 (30 days from the date of the order and/or from the receipt of payment if available in stock). The aforementioned delivery terms refer to products available in the warehouse at the time of the order.


5.4. Delivery delays: Any delays in the delivery of the goods cannot be attributed to the Supplier. In no way can the Supplier be held responsible for damages caused by the Courier in relation to the delayed delivery of the goods to the customer or third parties, considering the contract finalized with the delivery of the goods to the courier.


5.5. Non-delivery: If the Courier, when delivering the goods, does not find anyone at the specified address, they will deposit the goods in the warehouse indicated on the card that will be left on the spot. After thirty days of storage, the goods will be returned to the Supplier, and the Customer cannot assert any rights. All expenses, direct and indirect, will be entirely borne by the Customer.
The Supplier will withhold payment for the goods as a penalty, in addition to any additional damages suffered.
If the Customer requests the Supplier to have the ordered and paid products, which are the subject of non-delivery, they must make an immediate request to the supplying company via fax or email. All expenses, in addition to the greater damage suffered by the Supplier, will be at the Customer's expense.

5.6. Delivery and packaging costs: are the responsibility of the Customer and are clearly and separately stated from the price of the goods or services when placing the order, as already provided in the aforementioned art. 3.

5.7. Fiscal Receipt: for every order placed on www.arwmisure.it, the Supplier will issue a fiscal receipt that includes the price of all items, which will be placed inside the package. For the issuance of the invoice, any requests and information provided by the Customer at the time of the order are valid.

5.8. The non-correspondence of the ordered goods with those delivered must be promptly communicated to the Supplier.


6. AVAILABILITY OF PRODUCTS

6.1. The customer can purchase only the products indicated in the electronic catalog.

6.2. If the goods are not available in the warehouse in the quantities desired by the customer, they can contact the supplier via email to receive all the necessary information about the product and the expected time for its supply.


7. RESPONSIBILITY

7.1. The Supplier assumes no responsibility for disservices attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier in charge of delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and others similar events that prevented, in whole or in part, the execution of the contract within the agreed times and methods.

7.2. Furthermore, it will not be liable to anyone for damages, losses and costs suffered as a result of failure to execute the contract for the causes mentioned above, the Customer having the right only to a refund of the price paid by the Forwarder, who is solely responsible.


8. RIGHT OF WITHDRAWAL

8.1. Pursuant to art. 5 DL 185/1999, if the customer and a Consumer have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to what is indicated in this article.
It is specified that this right is reserved exclusively for natural persons, for those consumer customers who, as defined in article 1, purchase the goods for purposes not related to and unrelated to their professional activity. There is no right of withdrawal for professional customers, natural or legal persons, who act in reference to the purchase contract in a professional context. To exercise this right, the Consumer must express to the Supplier the desire to withdraw, within 10 working days from the date of receipt of the goods in the case of goods, or from the day of conclusion of the online contract for services. This communication must be sent by registered letter with acknowledgment of receipt addressed to Arroweld Italia Spa  - Via Monte Pasubio, 137, 36010 Zanè (VI)  - or by telegram or fax to the number 0445/804400 always sent within the aforementioned 10 day period and followed by a confirmation by registered letter with acknowledgment of receipt, sent within the following 48 hours. Once the aforementioned notice of withdrawal has been received, the Supplier will quickly communicate to the Consumer the instructions on how to return the goods, intact and in their original packaging, which must take place within the following 48 hours.


8.2. In any case, the right of withdrawal is, however, subject to the following conditions:
- this right applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the purchased product;
- the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessories), without any defects.
- this right does not apply to products made to measure or clearly personalized.


8.3. Shipping costs relating to the return of the goods are entirely borne by the Consumer. The goods, until the certificate of receipt in the Supplier's warehouse, are under the complete responsibility of the Consumer.
In any case, the Supplier is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.


8.4. In the event of withdrawal, the Supplier will refund the Consumer the entire amount already paid, within 14 days from the date of receipt of the goods and, in any case, no later than 30 days from the Consumer's communication. It will be the Consumer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN code of the invoice holder).


8.5. The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains:
- the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product;
- damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the Supplier will return the purchased goods to the Consumer sender, charging the shipping costs to the sender.


9. CORPORATE PURCHASES

9.1. The Supplier also supplies the products in the catalog to "professional customers", resellers, natural persons, public or private legal entities, unrecognized collective bodies with autonomous legal subjectivity, who in concluding the contract act within the framework of their professional or entrepreneurial activity.

9.2. In the case of particularly important orders, the Professional can contact the supplier company directly via email info@arwmisure.it or telephone +39 0445 492313.


10. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

10.1. The Supplier has the right to terminate the stipulated contract by simply communicating this to the Customer with adequate and justified reasons; in this case the Customer will have the right, exclusively, to a refund of any sum already paid.
The Customer has the right to cancel the contract within 12 hours of the order, promptly notifying customer service via e-mail info@arwmisure.it

10.2 The obligations assumed by the Customer with this contract are essential in nature so that, by express agreement, the failure of the Customer to fulfill only one of these obligations will determine the automatic termination of the contract pursuant to art. 1456 of the Civil Code, without prejudice to the right to the Supplier to take legal action for compensation for further damages suffered.

11. JURISDICTION AND COMPETENT COURT

11.1. The sales contract between the Customer and the Supplier is intended to be concluded in Italy and regulated by Italian law.

11.2. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Court of Vicenza.

 

12. CONCILIATION PROCEDURE

According to the art. 49 c. 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the customer who intends to resolve a dispute arising with the merchant can make use of the Joint Conciliation procedure. The Procedure can be started if the consumer, after having submitted a complaint to the company, within 30 days, has not received a response or has received a response that is not considered satisfactory by him. The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to no. by fax: 02/87181126. For further information, please refer to the website: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl.

Pursuant to art. 14 of EU Regulation no. 524/2013, the user is informed that in the event of a dispute he can submit a complaint via the European Union ODR platform which can be reached at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales contracts out of court. For more information contact:

email: info@arwmisure.com
Indirizzo: Arroweld Italia S.P.A. [Via Monte Pasubio 137 - 36010 Zanè (VI)
Tel : +39.0445492313