TERMS AND CONDITIONS
INTRODUCTION
Each use of this website occurs only with a registered user who previously has:- Read the related Privacy Policy
- Read the General Terms of Sale applied to the purchase of goods on the website
- Proceeded with the mandatory registration on the website as indicated in this document.
The "Website" www.ursus.it is designed and managed by URSUS S.p.A. with headquarters in Via Manzoni no. 8, 36027 Rosà (Vicenza - Italy), VAT IT 00163050248 - Tel. +39 0424580007 Fax +39 0424581313 Email: ursus@ursus.it, Registry of businesses VI – Register of businesses no. Vicenza 103924 PEC – certified email address: ursus.spa@legalmail.it
ARTICLE 1 - REGISTERING TO THE website AND ACCEPTING THE GENERAL TERMS OF SALE
Users who intend to purchase one or more products on the portal must first register to create an area dedicated to them. Registration is free. Users are therefore required to complete the mandatory fields (name, surname, full billing address, delivery address if different from the billing address, telephone number) along with their password and email address, by entering true, correct data in order to proceed with the delivery of the goods and by entering active and functioning e-mail addresses in order to receive communications regarding their orders from the company Ursus SpA. Once the activation email has been received, users must confirm the registration by clicking on the link given in the email for this purpose. Users guarantee that the registration credentials provided during the registration procedure on the website are complete, correct and true. Users are guaranteed the secrecy of their data used to access the reserved area, to prevent misappropriation of sensitive data by others. Upon registration, users are required to read and accept the General Terms of Sale and the General Terms of Use in order to finalize the registration. Registered users can view these conditions as well as the General Terms of Use at any time. Users cannot create their own personal account and make purchases unless they have read and accepted the General Terms of Sale and use. As also indicated in the General Terms of Use, the user declares to be of age. A Consumer user who is also a Professional user is required to create two separate accounts. The user may request the cancellation of their account by contacting customer service directly. By accepting the General Terms of Sale and Use, the user also accepts the fact that Ursus S.p.A. may a) deactivate or suspend the account and therefore prevent access to the reserved area; or b) refuse or cancel any orders in the event that: 1) there are judicial claims against the user; 2) the user has provided untruthful, inaccurate or incomplete personal information; 3) the user has utilised false or stolen credit cards; One’s own account and the data transmitted are protected by personal passwords and will be treated as per current Privacy legislation.
ARTICLE 2 - PURCHASE ORDER, CLOSURE OF CONTRACT, ORDER STATUS, RETENTION OF TITLE
After the free registration on the website, the site places the order according to the choices made by the user, detailing: i) the products ordered; ii) the price of the products and any discounts; iii) the cost of shipping; iv) the payment methods for the goods. According the User’s choices, Ursus S.p.A. will send an order confirmation email containing the above information. The contract must be considered concluded at the time of transmission of the order by the user to Ursus S.p.A., after verification of the payment and accuracy of the data linked to the order. If a product is unavailable for reasons not directly related to the service offered by Ursus S.p.A., the company will propose a product with the same characteristics. The invoice validates the product warranty and allows the customer to have a valid tax document at hand in any situation. Invoice issuing applies the information provided by the user at the time of order transmission via the website is authentic that the user guarantees to be true. No change in the invoice is possible after its issuing. The user agrees to hold Ursus S.p.A. harmless and indemnified from any damage to the invoice, including any penalties, in the event that the data provided by the user through the website for invoice issuing is untruthful. The system guarantees a personal archive which can be used by customers to view the orders placed in the past containing the respective invoices. In the event that the invoice is not available in one’s own account, the user can always request it by contacting customer service directly. The ownership of the products will be transferred to the user upon reception, intended as the time of collection of the Product. The risk of loss or damage to the products, for reasons not attributable to Ursus S.p.A., however, will be transferred to the user when the user or a third party designated by them, other than the carrier, physically enters into possession of the Products. In any case, Ursus S.p.A. reserves the right of ownership of the Products until the entire amount due is paid.
ARTICLE 3 – PRODUCT PRESENTATION AND PRICES
The technical data sheets and details of each Product available on the website are drawn up in compliance with the Ursus S.p.A. production process. Therefore, by accepting these contractual conditions, the user declares to have read the characteristics of the chosen Product and to have understood its content. The photos included for each Product are indicative and not contractual, for this reason they may not correspond in colour, size or accessories. The images of the Products on the website are original photographs to be considered indicative and purely illustrative. Photographs, texts, PDFs, graphics, information and characteristics reproduced and illustrating the products are not contractual. Ursus S.p.A. cannot be held responsible, where applicable, in the event of any mistakes or omissions in one of these photos, texts, graphics, information or characteristics of the products or in the event that the characteristics of the products are modified by the suppliers. The prices of the products published on our website are in EURO and do not include shipping costs. The amount due for shipping will always be indicated in the purchase order and calculated by the system according to the weight and size of the product, without distinctions related to the place of delivery within the Italian territory. All orders placed on the website are payable only in EURO. The prices of the items visible on the website may undergo periodic changes based on the adjustment of our suppliers’ lists and/or material errors in entering/typing. Products will be invoiced according to the rates in force at the time of the order confirmation. The products offered comply with the Italian legislation in force and with the standards applicable in Italy and in Europe. Ursus S.p.A. reserves the right to withdraw any product from the website at any time and/or remove or publish any type of material and/or content. It also reserves the right to modify and/or remove any form of promotion. Please note that the offers published on the website have a limited time duration and a limited quantity of products.
ARTICLE 4 - PACKAGING
Goods are checked and wrapped in packaging suited to guarantee perfect and intact delivery. In any case, goods leaving the Ursus S.p.A. warehouses or affiliated warehouses are in excellent condition, intact and controlled. Users are informed that shipping may also cause damage to the contents of the parcel or packages. It is imperative to check the condition of the wrapping upon reception of the goods and in particular:- that the package is intact, not damaged or wet and in any case conforms to the standard characteristics of an ordinary package
- that the number of packages indicated on the transport document and in the e-mail summary of the order contents corresponds to the number of packages actually delivered.
ARTICLE 5 - DELIVERY
Ursus S.p.A. delivers the products within the European and International territory through trusted couriers. Free shipping and returns are guaranteed ONLY for EU member countries for orders over €100. Extra EU countries have to pay a shipping commission.| EU (Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Liechtestain, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Pr. of Monaco, Slovenia, Spain, Sweden) |
Free |
| Extra EU (Albania, Andorra, Belarus, Bosnia and Herzegovina,Russian Federation, Gibraltar, Great Britain, Iceland, Faroe Islands, Kosovo, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland, Turkey, Ukraine) |
€30 |
| Other Countries (Australia, Brazil, Brunei, Cambodia, Canada, China, North Korea, South Korea, Egypt, United Arab Emirates, Philippines, Georgia, Japan, India, Indonesia, Iraq, Israel, Malaysia, Morocco, Mexico, New Zealand, Pakistan, Russia, Singapore, United States, South Africa, Taiwan, Thailand, Vietnam) |
€100 |
The average delivery time is between 7 and 10 working days, excluding weekends, holidays (excluding islands, disadvantaged places and products made to order). The delivery times shown are purely indicative and not binding, as they do not depend on the will of Ursus S.p.A.; they will also be shown in the purchase order, as well as in the product sheet. Ursus S.p.A. cannot be held responsible in any way for any delays due to third party events and/or force majeure. The delivery obligation is considered fulfilled through the transfer of material availability or in any case through the checking of the products by the user. Delivery is carried out only at the street level; deliveries cannot be made by appointment. The user acknowledges that the reception of the Product is his/her obligation and takes place at his/her sole expense. Ursus S.p.A. reserves the right to refuse orders which have post-office boxes as addresses but also locations such as: Livigno, Vatican City, San Marino or other countries outside the European community. When ordering, the customer agrees to provide a correct postal address and/or check for any errors before confirming the order. Any impediment and/or particular condition related to the access routes to the delivery address must be indicated by the customer in the purchase order by means of a specific written email to customer service. The user receives an email from Ursus S.p.A. when the goods have been packaged and are ready to be picked up by the courier. The courier sends an SMS or email to allow customers to track the shipment. Each user can track the shipment by clicking on the link received from the courier via email.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Pursuant to article 52 of the Consumer Code, the customer has the right to withdraw from the contract within 14 working days from the date of reception of the goods, unless specifically indicated. In the case of separate delivery of multiple products ordered by the customer which are part of a single purchase order, the right of withdrawal can be exercised within the fourteenth day following the receipt of the last product ordered. The Consumer Customer may exercise the right of withdrawal by sending an email, in the manner indicated below, to shop@ursus.it. In the event that the right of withdrawal is exercised correctly, we will refund the amount due within 14 calendar days from the time we receive the communication and after viewing the goods. The refund will be made via the same form of payment chosen by the customer during the order confirmation phase. Ursus S.p.A. will not be held responsible for any delays in crediting, which depend on the bank, the type of credit card or payment method used. The cost, modalities and obligations for returning the goods are the customer’s responsibility. The goods must be sent to the Ursus S.p.A. headquarters, at the following address: Ursus S.p.A. - Via Manzoni n. 8, 36027 Rosà (Vicenza) ITALY. The return does not entitle the customer to the full price refund if the Product is not returned substantially intact, such as the following examples: - absence of original packaging (it is therefore recommended to keep the original packaging of the product at least until the expiration of the right of withdrawal) - absence of integral elements of the product (accessories, cables, shelves, screws, instruction manuals, etc.) - products handled after delivery - damage. By way of example but not exhaustive, pursuant to Article 55 of the Consumer Code, the right of withdrawal cannot be exercised for:- Custom-made goods
- Clearly personalized goods
- Goods that cannot be sent back or that are liable to rapidly deteriorate.
The shipment is the customer’s responsibility until the goods have been received in our warehouse. Ursus S.p.A. can withhold the refund until the reception of the products or until the user has demonstrated that he/she has sent the products back. Please note: if the right of withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle the customer to any refund. Ursus S.p.A. will notify the user, by e-mail, within 5 working days of receiving the product, rejecting the request for withdrawal. The product will remain at the Ursus S.p.A. headquarters available to the user for collection, which must take place at the expense and under the responsibility of the user. The above does not apply to Professional Customers, as they do not enjoy the prerogatives provided by the Consumer Code. For open and non-functioning or defective goods, the product must be sent to the Assistance centres. In the file of each individual product, cutomers will find the link that directly refers to the assistance centres’ contacts.
ARTICLE 7 - PAYMENT METHODS
The portal uses the secure payment services STRIPE, PAYPAL which involve the use of the SSL security protocol. The confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted to the payment manager. Ursus S.p.A. therefore never has access to and does not store the credit card data used for the payment of the products, even if the user saves their credit card information, except and limited to the one associated to the card holder. Ursus S.p.A. accepts the following payment methods: Credit Cards: we rely on STRIPE as a certified payment platform through which individual transactions are managed. PayPal: used to shop online by entering your email address and password, without entering your card number or other personal data. After clicking on the PayPal symbol, the user will be redirected to the PayPal portal, paying the products according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed by the user with PayPal. In the case of payment via PayPal, the amount due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other refund case, for any reason, the refund amount will be credited to the user’s PayPal account. The re-credit times depend exclusively on PayPal and the banking system, therefore Ursus S.p.A. cannot be held responsible for any omissions. The user must contact PayPal directly for any disputes. Bank Transfer: payments via bank transfer must be made no later than 7 calendar days from the date of the order. Once this period has elapsed, the contract can be considered terminated by law, with consequent reimbursement of the total amount due possibly paid late. The termination of the contract will be communicated to the user via e-mail and the paid amount returned via the same payment method used. In the case of payment via bank transfer, products will be only shipped after Ursus S.p.A. has received the transfer. Consequently, the terms of delivery of the products will start from that date. To facilitate the connection between the payment received via bank transfer and the order made, the customer is required to indicate the order number in the bank transfer reason field.
ARTICLE 8 - CUSTOMER SERVICE
For any questions or information, our Customer Service may be contacted at the following address: service@ursus.it
ARTICLE 9 - OBLIGATIONS AND RESPONSIBILITIES
Ursus S.p.A. will not be held responsible in the event of damage, of any nature, deriving from the installation and/or use of the product in a manner that is improper and/or non-compliant with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure. Ursus S.p.A.’s liability, in any case, cannot exceed the total value of the purchase.
ARTICLE 10 - CHANGES TO THE GENERAL TERMS OF SALE
Ursus S.p.A. reserves the right to make changes to the website, the policies, these General Terms of Sale and the General Terms of Use at any time to offer new products or services, or to comply with legal provisions or regulations. The user will be subject to the policies and terms of the General Terms of Sale in force at the time of ordering products on the website, unless any changes to these policies and to these terms are required by applicable law or by competent authorities (in this case they will also apply to previously-placed orders). If any provision of these conditions is deemed invalid, null or inapplicable for any reason, this condition will not in any case affect the validity and effectiveness of the other provisions.
ARTICLE 11 - LEGAL GUARANTEE OF CONFORMITY
All the products purchased on the website www.ursus.it enjoy the legal guarantee of conformity in accordance with the current EU provisions and with national legislation. Consumers can, in particular, enjoy the warranty provided for in the consumer code (Legislative Decree 6 September 2005, no. 206) as required by Articles 128 to 135. It should be noted that the Consumer is the one who buys and uses an asset for personal use and the Professional is the one who buys products for the purpose of using them for a professional activity. The rights for each individual subject and how to enjoy these guarantees are explained in detail below.
Guarantees for the Consumer Customer
The seller is responsible towards the Consumer for any lack of conformity existing at the time of delivery of the goods. The seller is responsible, pursuant to article 130 of the Consumer Code, when the lack of conformity occurs within two years from the delivery of the goods. The lack of conformity must be reported to the seller under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods through repair or replacement, or to an adequate reduction in the price or termination of the contract, as stated in article 130 of the Consumer Code. In return, the consumer can in both cases ask the seller to repair the item or replace it without charge unless the requested repair is objectively impossible or excessively expensive compared to the other. Unless proven otherwise, defects of conformity which occur within six months of delivery of the product are presumed to already exist on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the conformity claim. For the purposes of exercising the legal warranty right, the user must provide proof of the purchase date and delivery of the goods. It is therefore recommended to always keep the purchase receipt/invoice, as well as the shipping documents and delivery note of the product. Products repaired, modified or in any way altered by the user are excluded from the legal guarantee, as are any failures, malfunctions or other defects caused by accidents or by responsibilities attributable to the user or by non-compliant use of the product. In the event of termination of the contract, the COMPANY undertakes to return the price paid in addition to the shipping costs and any ancillary costs. In the event of a price reduction, this will be agreed in advance between the parties; subsequently, the COMPANY will refund the amount envisaged according to the forms and methods agreed upon.
Guarantees for the Professional Customer
The Professional can only benefit from the warranty for defects of the article sold pursuant to and by effect of articles 1495 and following of the Civil Code. It should be noted that this guarantee is valid for 12 months from the time of purchase and that the defect must be reported within 8 days of its discovery.
ARTICLE 12 - JURISDICTION
In the event of disputes relating to the interpretation, execution, resolution and/or any other dispute concerning this contract, the consumer’s place of residence will be competent if the customer holds this qualification. In the event that the Customer acts as a professional for disputes relating to the interpretation, execution, resolution and/or any other dispute concerning this contract, the court of Vicenza will have jurisdiction.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Consumers residing in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services stipulated on the Internet in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). Ursus is available to answer any questions through the email address shop@ursus.it