TERMS AND CONDITIONS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO THE CONSUMER. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND TO THE LEGAL NOTES.
THE CONSUMER MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF (A) DOES NOT AGREE TO THESE TERMS AND THE LEGAL NOTES, (B) IS NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ERA K.I., OR (C) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.leorgofman.eu (also referred to as “Site”). These Terms are subject to change by ERA K.I. Srl (referred to as “Us”, “We”, or “Our” as the context may require) without prior written notice at any time, in Our sole discretion. The latest version of these Terms will be posted on this Site, We suggest to review these Terms prior to purchasing any product or services that are available through this Site. The continued use of this Site after a posted change in these Terms will constitute an acceptance of and agreement to such changes.
ERA K.I. Srl, VAT n.10190260967, has its registered office in via Andrea Ponti 15 – 20143 Milan (Italy).
- BUSINESS POLICY
1.1 We offer products for sale on Our Site that are available exclusively to its end users, i.e. the “Consumers”.
1.2 “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession.
1.3 We reserve the right not to process orders received from users who are not “Consumers” and any other order which does not comply with Our business policy.
1.4 These Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.leorgofman.eu.
1.5 These Terms do not regulate the supply of services or the sale of products performed by third parties that are on www.leorgofman.eu through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, We recommend to verify the third party’s terms and conditions, since the We shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.leorgofman.eu and third parties.
- ORDER ACCEPTANCE AND CANCELLATION
2.1 When placing an order, such order is considered as an offer to buy, under these Terms, all products and services listed in the order. All orders must be accepted by Us. We may choose not to accept any order in Our sole discretion. After having received the order, We will send a confirmation e-mail with the order number and details of the items ordered. Acceptance of the order and the formation of the contract of sale between ERA K.I. and the Consumer will not take place unless and until the Consumer has received the order confirmation e-mail. The Consumer has the option to cancel the order at any time before it is shipped within 12 hours from the placement by calling Us at +39 3464039760 ( Monday – Friday, from 9.00 a.m. to 12.00 a.m. UTC/GMT+1, holiday excluded) or via e-mail at [email protected] .
- PRICES AND PAYMENT TERMS
3.1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation e-mail. Price increases will only apply to orders placed after such changes.
3.2. The prices visualized at the moment of submitting the order include shipping costs, V.A.T. (if due) and customs duties. We are not responsible for pricing, typographical or other errors in any offer by Us and We reserve the right to cancel any orders arising from such errors.
3.3 Payment of the product prices and relevant costs for shipping and delivery as above indicated must be made by using one of the procedures indicated on the order form and specified in the specific area.
3.4. In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the bank which provides remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by Us except for performing the procedure relevant to the purchase or issuing refunds in the case of returns in compliance with the exercise of the return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to the current account indicated only when the purchased products are actually shipped.
3.5 The Consumer represents and warrants that (i) the credit card information supplied to Us is true, correct and complete, (ii) he/she is duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by the credit card company, and (iv) he/she will pay charges incurred at the posted prices.
- SHIPMENTS & DELIVERY
4.1 We will arrange for shipment of the products to the Consumer. The Consumer will pay all shipping and handling charges whereas specified during the ordering process.
4.2 We ship all orders from Our warehouse in Minsk, Republic of Belarus.
4.3 Our international orders are shipped by/via DHL or any other international courier selected by Us.
- RETURNS AND REFUNDS
5.1 The Consumer may withdraw from the Contract, without any penalty and without specifying the reason, and return the products purchased by sending them to Our EU Headquarters within 60 days from the receipt.
5.2 We will accept a return of the products for a refund of the purchase price, less the original shipping and handling costs, provided such return is made within 60 days from the products receipt. To return products contact Us at +39 3464039760 (Monday – Friday, from 9.00 a.m. to 12.00 p.m. UTC/GMT+1, holiday excluded) or via e-mail at [email protected].
5.3 The return right – besides compliance with the terms and procedures described at the previous paragraph – shall be deemed correctly exercised by sending the products to be returned at following address:
ERA K.I. Srl
via Andrea Ponti n.15
20143 Milano (Italy)
5.4 The Consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.5 The Consumer is responsible for all shipping and handling charges on returned items. The Consumer bears the risk of loss during shipment.
5.6 Refunds are processed without undue delay and in any event not later than 14 days from the day on which We will receive the returned products at the address above indicated.
The refund will be credited back to the same payment method used to make the original purchase on the Site.
- LIMITED WARRANTY
6.1. THIS LIMITED WARRANTY GIVES SPECIFIC LEGAL RIGHTS AND THE CONSUMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP/DESCRIPTION OF ANY OTHER WARRANTY TERMS.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE PRODUCTS PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE/PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR PRODUCTS.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, RE-PERFORMANCE, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
6.2 This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
6.3 This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
6.4 This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Us;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
6.5 This limited warranty starts on the date of the purchase and lasts for 2 years on manufacturing defects not seen upon receipt of products for the “Warranty Period”. The Warranty Period is not extended if We repair or replace a warranted product or re-perform a warranted service.
6.6 With respect to any defective products during the Warranty Period, We will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product if We elect to repair or replace the defective products.
With respect to any defective products during the Warranty Period, We will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such products.
- LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY THE CONSUMER FOR THE DEFECTIVE PRODUCT OR SERVICE THAT HAVE BEEN PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
- GOODS NOT FOR RESALE OR EXPORT
The Consumer represents and warrants that he/she is buying products or services from the Site for his/her own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations.
- FORCE MAJEURE
We will not be liable or responsible, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
It is forbidden to assign any of the rights or delegate any of the obligations under these Terms without Our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves of any of the obligations under these Terms.
- NO WAIVERS
The failure by Us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ERA K.I..
- NO THIRD PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than the Consumer as defined at the paragraph 1.
To the Consumer: We may provide any notice under these Terms by: (i) sending a message to the e-mail address provided or (ii) by posting to the Site. Notices sent by e-mail will be effective when We send the e-mail and notices We provide by posting will be effective upon posting. It is the Consumer responsibility to keep the e-mail address current.
To Us: To give Us notice under these Terms, the Consumer must contact Us as follows: (i) by personal delivery, overnight courier or registered or certified mail to ERA K.I. Srl via Andrea Ponti 15 – 20143 Milan (Italy) ; (ii) or by e-mail at [email protected]. We may update the facsimile number or address for notices to Us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- ENTIRE AGREEMENT
- GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Italy without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of Italy.
Any dispute arising out or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Court of Milan (Italy) or any other mandatory court competent under any relevant applicable law.