GENERAL SALES CONDITIONS
Products purchased on cober.it are sold directly from Cober s.r.l. (“Cober” or the “Seller”), with registered office in Italy, Via Ofanto, 3 – 20073 Opera (MI), Registr. Reg. Imp., C.F. and VAT no. 08691340155
These general conditions of online sale (“General Conditions”) apply to all sales contracts concluded between Cober srl, Italy, Via Ofanto, 3 – 20073 Opera (MI), and the User, understood in accordance with article 3 of the Legislative Decree n. 206/2005 (“Consumer Code”) that is considered a consumer ie, a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (“User”) on the basis of orders sent electronically through the Cober site (“Website”).
By declaring to accept these General Conditions when purchasing a product on the Website, the User undertakes to comply with these General Conditions. The User will not be able to purchase products through the Website in case of non-acceptance of these General Conditions.
Cober srl reserves the right to make changes to these General Conditions from time to time, should such changes be necessary to ensure compliance with supervening legal provisions, for technical reasons, to adapt them to the sales models adopted by the Company or to better protect the rights of both Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, the version of the General Conditions in force at the time the order is placed, applies to each purchase.
1. COMMERCIAL POLICY
1.1 The Seller carries out its e-commerce activity exclusively towards its end users, who have come of age and who are “consumers”.
1.2 When we speak of “consumer” we refer to any natural person who acts on cober.it for purposes not related to his own commercial, entrepreneurial, or professional activity, eventually carried out.
1.3 In consideration of its commercial policy, the Seller reserves the right not to accept proposals for purchase orders from subjects other than the “Consumer” or in any case proposals for purchase orders that do not comply with its commercial policy, such as, for example, proposed orders for which there is a report, or suspicion, of fraudulent or illegal activity. In such cases, the Seller will notify the User of the non-acceptance of the order proposal.
1.4 These General Conditions of Sale exclusively regulate purchase order proposals for products available on cober.it by the User and the acceptance of the same by the Seller.
2. CREATION OF AN ACCOUNT
2.1 To proceed with the purchase of the products on the Website, the User must (i) access the Website with his authentication credentials already obtained following the creation of an account in his name on the Website, or (ii) create a new account on the Website.
2.2 To create a new account on the Website, the User must (i) correctly fill in the fields of the registration form, entering all the data requested therein (by way of example and not limited to: name, surname, e-mail address, username and password), (ii) confirm that he has read the privacy policy on the Website and provide any further consents and (iii) confirm registration.
2.3 When creating an account on the Website, the User must choose a password, respecting the criteria for creating the password from time to time indicated on the Website. The User acknowledges and accepts that the access credentials to the Website are personal and must not be disclosed or transferred to third parties. The User undertakes to keep his password secret and to immediately notify the Company in case of unauthorized use of the account or loss or theft of access credentials by sending a written communication to the Company at the addresses indicated in Article 15, containing the detailed explanation of what happened and a copy of his ID. Upon receipt of communication from the User, the Company will block the User’s access credentials and will provide the User with new access credentials. The Company assumes no responsibility for any loss or damage resulting from the fact that the User has not kept his password securely or has not communicated to the Company the unauthorized use, loss or theft of the password. The User assumes all responsibility towards the Company for any loss and/or damage resulting from any unauthorized use of his account.
2.4 Registration on the Website is free, it being understood that (i) the cost of connecting to the Internet used to access the Website is borne by the User, according to the rates, terms and conditions applied by its operator and (ii) the purchase of a product on the Website entails the obligation for the User to pay to the Company the fees due for this product.
2.5 Following registration on the Website, the User will receive an e-mail at the address indicated in the registration phase.
2.6 The User can cancel his account at any time by sending an email to the Company at the address indicated in the following article 15. Upon receipt of this communication, any contractual relationship between the User and the Company – without prejudice to purchase orders already sent before the cancellation request – will be considered resolved and the User’s username and password will be deleted.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1 The User must select the products and place them in the cart, without prejudice to the possibility to modify or delete the contents of the cart at any time before proceeding with forwarding the purchase order.
3.2 The submission of a purchase order through the Website constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be entirely governed by these General Conditions (“Contract”).
3.3 Before confirming the purchase order, the User is required to check the summary of the purchase order to check that all the data provided is correct.
3.4 Once the purchase order has been sent, the Company sends the User an email confirming the receipt of the order, containing the order number and the details of the order placed.
3.5 In the absence of an express declaration of acceptance of the order and in case of failure to ship the products ordered within the agreed terms, the Consumer’s offer to conclude a Contract will be considered refused.
3.6 The User is required to keep the order number present in the ‘New Order’ email for the purpose of any communication with the Company.
3.7 The Contract can be concluded in the following languages: Italian and English.
3.8 On the order confirmation page (‘Orders’), we will provide you with the summary information about the essential characteristics of each product indicated in your order proposal, the price (including all applicable taxes or duties) and shipping cost.
4. SELECTION OF PRODUCTS
4.1 The User can only purchase the products present in the catalogue published on the Website and available at the time of the purchase order by the User. The product catalogue can be periodically updated by the Company, which, therefore, does not provide any guarantee as to the permanence of a product among those available or the availability of all sizes/versions of each product/colour in the catalogue.
4.2 Each product is accompanied by a description of its main characteristics. The images and colours of the products in the descriptive sheets may not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to view the Website. Therefore, the images published must be considered indicative within the limits of normal tolerance.
4.3 Products on the Website are available until they are sold out. If, although selectable, the chosen product is not available, the Company will promptly notify the User via email to the address provided by the User. In case of permanent unavailability of the product, the Company may propose to the User the termination of the Contract and the reimbursement of the price already paid, including any shipping costs, if applicable.
5. PRICES OF THE PRODUCTS
5.1 Sales prices are expressed in Euros and are inclusive of VAT, if applicable based on the country of shipment of the products.
5.2 Sales prices applicable to the User are those published online at the time the purchase order is placed. These prices may be subject to change without prior notice. It is the User’s responsibility to check the final price before submitting the purchase order.
5.3 The Company reserves the right to apply different sales prices depending on the country of shipment of the products.
6.4 All prices of the products on the Website are net of shipping costs and any customs duties, which remain entirely a responsibility of the User.
6. PAYMENTS; BILLING; REFUNDS
6.1 Payment methods available to the User are listed below:
6.1.1 Credit card (Visa, Mastercard, Maestro);
6.1.2 PayPal;
6.2 The price must be paid at the time the order is placed.
6.3 The Company reserves the right of ownership over the products delivered to the User until full payment of the product itself.
6.4 For each purchase made through the Website, the Company sends the relevant payment receipt to the User. This receipt is attached to the email confirming payment received (‘Order’), if the latter constitutes acceptance of the order, or to the shipping confirmation (‘Order completed’) pursuant to Article 3.4.
6.5 The Company reserves the right not to accept the purchase order in the event of a failure to authorize payment by the relevant manager through one of the payment methods provided for in Article 7.1.
6.6 Any refunds of the amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase. Refunds will be processed in the time and manner provided by the manager of this payment instrument.
6.7 In case of payment by credit card, the financial information (for example, the credit/debit card number or the expiry date) will be forwarded, via encrypted protocol, to Banca BPM or other banks, which provide the related remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the related refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it becomes necessary prevent or report to the police the commission of fraud on cober.it. The price for the purchase of the products and the shipping costs, as indicated in the order proposal, will be charged to your current account at the time of shipment of the purchased products.
7. DISCOUNT CODES
7.1 Discount codes are personalized codes, which allow you to take advantage of a discount on purchases made on cober.it.
7.2 The PROMOTIONAL CODE box is displayed on the first page of the purchase process: once you have entered the items in the cart, enter your code in the PROMOTIONAL CODE box and click on APPLY CODE.
7.3 Limitations on the use of the discount code:
– the discount code cannot in any way be converted into cash;
– it will not be possible to use multiple discount codes in the same order proposal. Cannot be applied to items belonging to Sample Sale or charity sales.
– discount codes apply only to products; they are therefore not applicable to extra services (eg shipping costs).
8. SHIPPING AND DELIVERY OF PRODUCTS
8.1 Products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product. The delivery of the products is carried out through agreed couriers.
8.2 Upon delivery of the products to the courier, the User receives a confirmatory communication via email from the Company, in which the name of the courier used, the estimated delivery times and the tracking code are expressly indicated, which will allow the ‘User to constantly monitor the shipment (“Shipping Confirmation”). The date of shipment of the products is the same as the date on which the products are entrusted to the courier in charge of the relative delivery.
8.3 Delivery times and costs of the products vary according to the destination countries and the shipping methods chosen. In any case, delivery times are indicative and not strictly binding for the Company.
8.4 Upon delivery of the product, the User is required to check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification has not been successful, the User must immediately make the necessary complaints to the courier, refusing the product or accepting it with written reservation on the transport document. Furthermore, the User must inform the Company of the incident, by contacting the Customer Service, no later than 8 (eight) days from the date of delivery of the product.
8.5 If the ordered Products require the crossing of customs (depending on the country of destination) and the Customer will decide not to receive the order once it has arrived at customs, Cober srl will not grant a refund for the goods, which will be abandoned on site.
9. DELATED DELIVERY
9.1 Where a Contract has been concluded and Cober srl does not deliver the products ordered by the User to the Company within the agreed terms, the terms of delivery of the products to the User will be considered extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.
9.2 In accordance with Article 61 of the Consumer Code, if the Company does not deliver the products within the agreed term or within the term referred to in Article 10.1, the User may ask the Company to make the delivery within an additional period appropriate to the circumstances. If the additional term expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.
10. PRODUCTS RECLAIM
10.1 In case of non-delivery of the products due to the absence of the User during the attempts provided for by the procedure used by the courier, the courier will keep the products in its warehouse until they are collected by the User, and in any case within the deadline indicated in the note of attempted delivery left to the User. If the products are not collected within this period, the products will be returned to the Company. In this case, the Contract will be considered terminated by law pursuant to Article 1456 of the Civil Code, by sending a written communication to the User via email, and the relative purchase order will be cancelled. Within the following 14 (fourteen) days, the Company will reimburse the price paid by the User for the products, minus the costs of unsuccessful shipping, the costs of returning the products to the Company and any other expenses that Company has incurred in to due to the non-delivery of the products due to the absence or inertia of the User in fulfilling the obligation to receive the delivery.
10.2 Following the communication referred to in Article 10.1, the User who intends to request the delivery of the products previously ordered must necessarily proceed with a new purchase order, without prejudice to the Company’s right to refuse this order.
11. USER REPRESENTATIONS, WARRANTIES AND RESTRICTIONS
11.1 The User declares and guarantees:
11.1.1 to be able to legitimately stipulate these General Conditions;
11.1.2 to be of age;
11.1.3 that the personal data and other information communicated to the Company when registering on the Website or purchasing a product are true, correct and updated. The Company reserves the right to verify at any time and by any means at its disposal the information provided, also by requesting the User suitable supporting documentation and, in the event of violation of this article 11.1.3, to close or suspend the User’s account;
11.1.4 That he will use the Website in compliance with any applicable law or regulation provision, refraining from any form of direct and/or indirect use of the Website that is in conflict with the law, these General Conditions or detrimental to the rights of third parties.
11.2 The User undertakes to indemnify and hold harmless the Company against any liability, action, cost, expense and claim that may arise from the User’s violation of the declarations and guarantees referred to in Article 11.1, without prejudice to any the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code.
11.3 If the user is under 18, but at least 13 years old, he has the possibility to order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
11.4 Users under the age of 13 have the ability to view the Website, but not that of ordering products or using the services.
11.5 The User must not and is not entitled to:
11.5.1 reproduce, publish, distribute, sub-license and/or resell either the website and/or a service to individuals;
11.5.2 use the Website for the provision of any service to individuals;
11.5.3 modify, adapt, disassemble, recompile and/or reverse engineer either the website or service;
11.5.4 access or use the Website and/or a service to create, author, design, produce, market, publish, transmit, disseminate, distribute or sell any article, product, material or other material that violates the rights of any person, including, without limitation, intellectual property rights, trade secrets, privacy rights and publicity;
11.5.5 slander, defame, promote material that contains or contains links, hacks or similar utilities or programs, contains explicit sexual content, may not denigrate or offend with any ethnic, racial, gender, religious or other group content, through the use of language, imagery, stereotypical and non-stereotypical representation, is designed to or that harass, threaten, defame or abuse others, explicit imagery or likeness of minors, encourage the use of drugs or underage use of alcohol or cigarettes, or generally offensive or in bad taste;
11.5.6 use “Spam”, “blast-fax” or telephone messages recorded on the market or sell products or services, use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or in any case it has a negative effect on the Site and/or the Platform of this store;
11.5.7 take any action that imposes an unreasonable or disproportionate load on the Website or the Service,
11.5.8 use a robot, spider or other device or process to monitor activity on or copy pages from the Website or the Service;
11.5.9 impersonating another person or entity;
11.5.10 engage in activities that may interfere with any person’s ability to use or access the Website and / or services;
11.5.11 assist, procure or assist a person to engage in activities prohibited by these Terms of Use;
11.5.12 use frames or links or otherwise, or display the Website in such a way that it appears to be part of its site or someone else’s, without specific agreement.
12. LEGAL GUARANTEE OF CONFORMITY
12.1 The products sold through the Website to the User have the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code (“Legal Guarantee”).
12.2 The Company is required to deliver to the User products that comply with the Contract.
12.3 The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has manifested itself within 2 (two) years from delivery of the product. The User loses his rights relating to the Legal Guarantee if he does not report the lack of conformity to the Company within 2 (two) months from the date on which he discovered the defect, by contacting Customer Service in the manner indicated in Article 15; this report must contain an accurate and complete description of the alleged defect or defects. In this case, the Customer Service is required to verify the User’s communication, giving him instructions for shipping the defective product. The Company has the right to request the User to attach the payment receipt to the product for which it intends to enforce the Legal Guarantee.
12.4 The User may request, at his discretion, an appropriate reduction in the price or the termination of the Contract in the event of one of the following situations: (i) repair and replacement are impossible or excessively expensive; (ii) the Company has not repaired or replaced the product within a reasonable period; (iii) the replacement or repair previously carried out has caused significant inconvenience to the User.
12.5 Where, after having collected the product, the Company verifies that the conformity defect reported actually exists, any costs of transport, repair or replacement of the product will be borne by the Company. Otherwise, or where the Company verifies that the reported lack of conformity does not exist or that there are no prerequisites for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transport costs as well as expenses related to the verification of the alleged lack of conformity will be borne by the User; in this case, the Company will notify the User.
12.6 The User acknowledges and accepts that any defects or damage caused by accidental events or by the User’s responsibility or by use of the products not compliant with their intended use or normal wear and tear are not covered by the Legal Guarantee.
13. RIGHT OF WITHDRAWAL
13.1 The User has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day of conclusion of the Contract or from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the products.
13.2 To exercise the right of withdrawal, the User is required to clearly declare their intention to withdraw from this Agreement by informing the Company at contacts provided in article 15. To this end, the User can use the withdrawal form available at the following link, it being understood that its use is not mandatory.
13.3 To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Upon receipt of the request for withdrawal, the Company will communicate an acknowledgment of receipt to the User via email without delay.
13.4 In the event of withdrawal, the User will be reimbursed for all payments made in favour of the Company, including delivery costs, except for additional costs deriving from the User’s choice of a means of delivery other than the less expensive courier used for standard delivery by the Company, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company was informed of the User’s decision to withdraw from the Contract. These refunds will be made using the same payment method used by the User for the initial transaction; in any case, the User will not have to incur any costs as a consequence of this refund.
13.5 Unless the Company has offered itself to collect the products subject to the exercise of the right of withdrawal by the User, the User is obliged to return or deliver the products to the Company or to the agreed couriers without undue delay and in any case within 14 (fourteen) days from the day on which the User notified the Company of his withdrawal from the Contract. The deadline is considered met if the User returns the products before the expiry of the period of 14 (fourteen) days to the following address: Cober srl, Via Ofanto 3, 20073 Opera (MI) – Italy. The costs of returning the products are borne by the User, unless the Company has at its discretion agreed in writing to bear such costs. The Company may suspend the reimbursement of the price of the products until their receipt or until the User demonstrates that he has returned the products, whichever is earlier.
13.6 The User is required to return the products in an intact state of conservation and with original labels that have not been removed. The packaging of the products must be accurate, in order to safeguard the original wrapping from damage, affixing of writings or labels.
14. PERSONAL DATA PROTECTION
14.1 The Company processes the User’s personal data for the purposes and in the manner specified in the Privacy Policy present on the Website at the link.
15. CUSTOMER SERVICE
15.1 The Customer Service, which the User can contact for any information, to request assistance or to submit complaints, can be reached at the following addresses:
Cober srl – Customer Service
Via Ofanto, 3 – 20073 Opera, MI – Italy
Tel: +39 02 57601341
16. APPLICABLE LAW AND JURISDICTION
16.1 These General Conditions are governed by Italian law only. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract will be the exclusive competence of the Court of the place of residence or domicile of the consumer, if located in the Italian territory. If the User is not resident or does not have his domicile in the Italian territory, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the Contract, in the event of an action brought by Company, the latter may choose between the Court of Milan and the Court of the User’s place of residence or domicile, alternatively between them; in case of action brought by the User, the Court of Milan will have exclusive jurisdiction.