Terms and conditions of sale
1.Object
1.1. These general conditions of sale apply to the purchase of products (hereinafter “Products”) through the e-commerce website www.shoptransvital.com (hereinafter the “Website”) on the part of users that can be deemed “Customers” pursuant to article 1.2 below. The Website is managed by COSWELL SPA, Via P. Gobetti, 4 40050 Funo di Argelato (Bo) VAT no. 00708541206.
1.2. The Parties involved in purchases of Products made through the Website are COSWELL SPA Via P. Gobetti, 4 40050 Funo di Argelato (Bo) VAT no. 00708541206, the seller (hereinafter the “Seller”), and the subject who purchases one or more Products (hereinafter the “Customers”), (the Seller and the Customer will be hereinafter jointly referred to as the “Parties”).
1.3. Any communications on the part of the Customer connected with and/or related to the purchase of Products – including notifications, claims, requests concerning the purchase and/or delivery of Products, exercising the right of withdrawal, etc. – must be sent to the Seller by the means indicated on the Website and to the e-mail address support@transvital.ch or by calling the toll-free number 800185478 (from Monday to Friday, from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m.)
1.4. Each purchase is governed by the general conditions of sale, in the version published on the Website at the time the order is transmitted by the Customer.
1.5. In the event one or more sales are made to a subject that cannot be deemed a “Customer” pursuant to Legislative Decree no. 206/2005, these general conditions of sale shall apply, but with the following exceptions:
a) the purchaser shall not be granted the right of withdrawal as set forth in article 10;
b) the purchaser will not be entitled to the Product guarantee indicated in article 8;
c) the purchaser will not be entitled to any other safeguards, contemplated here for the Customer, which reflect or are compliant with binding legal provisions;
d) the contract of sale entered into between the Seller and the purchaser will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.
1.6. By transmitting the purchase order, the Customer accepts that confirmation of the information regarding the order made and these general conditions of sale will be sent to the e-mail address s/he provided upon registration with the Website or during the purchase process.
1.7. In order to make purchases through the Website, the Customer must be over 18 years of age and must declare that s/he is in full possession of his/her faculties.
1.8. Any costs for the internet connection to the Website, including telephone costs based on the rates applied by the operator chosen by the Customer, must be paid in full by the Customer.
2. Characteristics of Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Website and in accordance with the general conditions of sale published on the Website at the time the Customer sends the order, excluding any other conditions or terms.
2.2. The Seller reserves the right to make changes to these general conditions of sale at any time, at its own discretion, without the need to provide any advance notice to users of the Website. Any changes made will be effective from the date of publication on the Website, and will apply only to sales completed from said date onwards.
2.3. The prices, Products on sale on the Website and/or the characteristics of the same are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Customer is invited to check the final selling price.
2.4 The Website may be accessed from all over the world. However, the Products available on the Website may only be purchased by users who request delivery in Italy.
3. How to purchase Products – Execution of individual purchase contracts
3.1. The presentation of the Products on the Website is not binding for the Seller, and is merely an invitation for the Customer to make a contractual purchase offer; it is not a public offer.
3.2. The purchase order transmitted by the Customer to the Seller through the Website is valid as a contractual offer, and is governed by these general conditions of sale, which are an integral part of the order, and which the Customer, by transmitting the order to the Seller, undertakes to accept unreservedly and in full. Before purchasing the Products, by sending the purchase order, the Customer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print button, and to save this information or make a copy of it for personal use. The Customer will also be asked to look for and to correct any mistakes made when entering his/her data.
3.3. The Customer’s purchase order is accepted by the Seller when the Seller sends – to the e-mail address the Customer provided upon registration with the Website, or during the transmission of the order if the Customer is not registered with the Website – an e-mail confirming the order, containing a link to these general conditions of sale, a summary of the order made and a description of the characteristics of the Products ordered. The Customer’s order, the Seller’s confirmation of the order and the general conditions of sale applicable to the relationship between the Parties will be filed by the Seller on their IT systems and the Customer may request a copy by sending an e-mail to the Seller at support@transvital.ch.
3.4. Each purchase contract for the Products is deemed complete when the Customer receives e-mail confirmation from the Seller.
4. Procedure for selecting and purchasing Products
4.1. The Customer may purchase the Products presented on the Website by selecting those of interest and saving them in the dedicated basket. To purchase the Products in the basket after selecting them, the Customer will be invited to (i) register with the Website, by providing the data requested, or (ii) to log in, if the Customer is already registered, or (iii) provide his/her data in order to complete the order and allow for the execution of the contract. If the data indicated in the order are different from those provided upon registration with the Website, the Customer will be asked to confirm his/her data (including, but not limited to: name, surname, etc.), as well as the address the Products selected are to be delivered to, the billing address and a contact telephone number for any communications regarding the purchase made. The Customer will be shown a summary of the order, and will be able to make changes to it. The Customer must read the order carefully and specifically confirm acceptance of these general conditions of sale, by checking the dedicated box on the Website, and the “Submit order” button will ask the Customer to confirm the order, which will thus be definitively sent to the Seller, producing the effects described in para. 3.2. of this contract. The Customer will also be asked to select the desired delivery option and payment method from those available. If the Customer chooses immediate payment (upon purchase) by credit card or PayPal, s/he must provide the pertinent data, through a protected connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal data provided by the Customer. For credit card payments, the amount corresponding to the purchase will not be charged until confirmation of the order has been sent by the Seller to the Customer.
5. Delivery of the goods and acceptance
5.1. The availability of the Products and the delivery times of the same are indicated on the Website. However, this indication is to be considered merely indicative and not binding upon the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website, and in all cases, to deliver the goods within a maximum of 30 (thirty) days from the day following the date on which the Customer has transmitted the order. In the event of failure to execute the order on the part of the Seller, because the Product is unavailable, even temporarily, the Seller must notify the Customer in writing, and refund any amounts already paid by the Customer for the Product, pursuant to para. 5.3 below.
5.3. The Products ordered by the Customer will be shipped as per the option selected by the Customer from those available and indicated on the Website at the time of sending of the order. The Customer undertakes to promptly check that the delivery includes all and only the Products purchased, and to promptly inform the Seller of any defects regarding the Products received or any discrepancy from the order placed, following the procedure indicated in art. 8 below of these general conditions of sale; otherwise, the Products will be considered accepted. Should the outer or inner packaging of the Products ordered by the Customer be clearly damaged upon delivery, the Customer is invited to refuse the delivery by the carrier/forwarder, or accept the delivery “subject to inspection”.
6. Prices, delivery charges, duties and taxes
6.1. The price of the Products is the price indicated on the Website at the time the Customer sends the order. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable); they do not include delivery charges, which are calculated before the confirmation of the order sent by the Seller to the Customer, and which the Customer undertakes to pay to the Seller in addition to the price indicated on the Website.
6.2. The Customer must pay the Seller the total price, as shown on the order and on the order confirmation sent by e-mail from the Seller to the Customer.
7. Payments
7.1. The Customer specifically accepts that the contract will be executed by the Seller when the price of the Product/s purchased is credited to the Seller’s current account
7.2. Payment may be made by credit card, PayPal or cash on delivery, at the conditions described herein. The Seller may authorise other payment methods, by indicating them in the payments section of the Website.
Coswell Spa specifically reserves the right to take any appropriate action, including legal action if necessary, to recover all expenses sustained for failure to deliver the order for causes attributable to the Customer.
8. Legal guarantee of conformity provided by the Seller, reporting of defects and repairs under guarantee
8.1. Pursuant to and in accordance with European Directive no. 44/99/CE and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Customer that the Products will be free from design and material defects and compliant with the description published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Customer. No guarantee will apply in the event of improper use of the Product or failure to observe the instructions/warnings supplied by the Manufacturer, shown on the pertinent illustrative documentation.
8.2. Upon penalty of invalidation of this guarantee, the Customer must report any defects and nonconformities within a maximum term of 10 (ten) days from discovery (or strictly within the more favourable term established by Legislative Decree no. 206/2005, if applicable), by sending the pertinent form to the Consumer Service: support@transvital.ch. The form must be duly completed with an indication of the defect and/or nonconformity detected and the pertinent documentation indicated on the return form (at least 1 (one) photograph of the Product and the order confirmation sent by the Seller).
8.3. Upon receipt of the form and the pertinent documentation, the Seller will assess the defects and nonconformities reported by the Customer, through the assistance service of COSWELL SPA. After carrying out the quality checks necessary to verify the effective nonconformity of the Product, the Seller will decide whether to authorise the return of the Products, by sending an e-mail with the “Return Code” to the address the Customer provided during registration with the Website or when sending the order. Authorisation to return the Products in no way constitutes an acknowledgement of defects or nonconformities, the existence of which must be verified after the goods have been returned. The Products for which the Seller has authorised the return must be returned by the Customer, together with a copy of the notification of authorisation to return them, complete with the “Return Code”, within 30 (thirty) days of the date on which the defect or nonconformity was reported, to the following address: COSWELL SPA c/o Markeven s.r.l. via Guareschi 101/105 – 41126 Modena.
8.4. If the Customer is entitled to a refund of the price paid, the Seller must, where possible, refund the pertinent amount using the same payment method used by the Customer to purchase the Product, or by bank transfer. It will be the responsibility of the Customer to provide the Seller, with an e-mail to support@transvital.ch, with the details of the bank account to which the refund due must be credited, so that the Seller can refund the amount due.
9. Liability for damage caused by faulty products
9.1. With regard to any damage caused by defects regarding the Products, the provisions set forth in EU Directive no. 85/374/CEE and Italian Legislative Decree no. 206/2005 (Consumer Code) apply. The Seller, in its capacity as distributor of the Products via the Website, disclaims all liability, with no exemptions or exceptions, indicating the name of the manufacturer of the Product.
10. Right of withdrawal
10.1. The Customer has the right to withdraw from any contract entered into pursuant to these general conditions of sale, without paying any penalty, within 14 (fourteen) days from the date of receipt of the Products ordered, for any reason and without having to provide any justification for said decision.
10.2. In order to exercise the right of withdrawal, the Customer must send the pertinent form, duly completed, to the Seller by e-mail to: support@transvital.ch within the aforementioned term.
10.3. If the Products have not been shipped to the Customer, withdrawal will be deemed as having been exercised with the receipt of the aforementioned e-mail on the part of the Seller.
10.4. If the Products have been shipped to the Customer, following receipt of the aforementioned e-mail, the Seller will e-mail the return code to the Customer. Within the following 14 days, the Customer must write the return code on the form mentioned at point 10.2 above, and return the Products to the Seller, together with the form mentioned at point 10.2 above, duly filled out and complete with the return code, to COSWELL SPA c/o Markeven s.r.l. via Guareschi 101/105 – 41126 Cognento di Modena
10.5. It is understood that the risks and transportation costs pertaining to the return of the Products to the Seller must be borne by the Customer.
10.6. In order for the right to withdrawal to be held valid, the Products must be delivered or provided to the Seller in perfect condition (with no signs of wear, abrasions, chipping, scratching, dents, etc.), complete with all the pertinent parts and accessories (including cases, labels, etc. attached to the Product), together with the instructions/notes/manuals enclosed, original boxes and packaging and guarantee certificate, where present. Otherwise, the Customer will not be entitled to reimbursement of the amount paid. To this end, Customers are thus advised to place the original packing of the Products inside other protective packaging to ensure it is not damaged during transport, and that nothing is written on it or any labels attached to it.
10.7. The Seller will accept the Products returned, reserving the right to verify that they have been returned in the conditions described in para. 10.6 above.
10.8. If the outcome of the checks carried out on the Products returned is positive and the right of withdrawal has been exercised by the Customer and held valid within the terms by the means provided for, the Seller will refund the full amount paid for purchase of the Products to the Customer, inclusive of delivery charges, as soon as possible and in any case within 14 (fourteen) days. In all cases, the Customer will be charged for the delivery costs and any duties or further taxes for the return of the Product to the Seller.
10.9. The aforementioned refund will be made, where possible, by the same means of payment used by the Customer to purchase the Product, or by bank transfer. It will be the responsibility of the Customer to provide the Seller, with an e-mail to support@transvital.ch, with the details of the bank account to which the refund due must be credited, so that the Seller can refund the amount due. For credit card payments, the refund will be made within the terms indicated by directly crediting the amount due to the credit card used by the Customer for payment. For PayPal payments, the refund will be made within the terms indicated by directly crediting the amount due to the account used by the Customer for payment.
11. Intellectual property rights
11.1. The Customer acknowledges that all trademarks, names, trade names, distinguishing elements, images, photographs, written texts or graphics used on the Website or relating to the Products are and remain the exclusive property of COSWELL SPA and/or its assignees, and that access to the Website and/or the purchase of Products does not grant the Customer any rights pertaining thereto.
11.2. The contents of the Website may not be copied, either in full or in part, transferred by electronic or conventional means, edited or used for any purpose without the prior written consent of COSWELL SPA.
12. Customer data and data protection
12.1. For the purposes of registration, sending the order and executing this contract, some of the Customer’s personal data are requested on the Website. The Customer acknowledges that the personal data provided will be recorded and used by the Seller in accordance and in compliance with Italian Legislative Decree no. 196/2003 as amended – Italian Data Protection Act, in order for each purchase to be completed through the Website and, with the Customer’s consent, for any other activities, as indicated in the pertinent data protection disclosure (link to Privacy Policy) provided to the Customer on the Website upon registration.
12.2. The Customer declares and guarantees that the data provided to the Seller during the registration process are correct and accurate.
12.3. The Customer may update and/or edit the personal data provided to the Seller at any time, by logging into the “Account” section of the Website.
12.4. For any further information on how Customers’ personal data are processed, please visit the Privacy Policy section.
13. Security
13.1. Although the Seller adopts measures designed to safeguard personal data from loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations regarding the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data viewed by the Customer on the Website, even after the Customer has logged in, will not be accessible to or viewed by unauthorised third parties.
13.2. With regard to data concerning credit card payments, the Seller uses the services of Banca Sella S.p.A., which adopts technological systems designed to guarantee maximum levels of reliability, security, protection and confidentiality in the transmission of information via internet.
14. Applicable law, conciliation and competent court
14.1. With the exception of contracts entered into with the subjects referred to in article 1.6 above, which are subject to the exclusive jurisdiction of the Court of Bologna, all sales contracts entered into between the Seller and the Customers pursuant to these general conditions of sale will be governed and interpreted in compliance with Italian laws and specifically with Legislative Decree no. 206 of 6 September 2005, or the consumer code, with specific reference to the regulations regarding distance contracts, and by Legislative Decree no. 70 of 9 April 2003 for a number of aspects concerning e-commerce. In any case, this is without prejudice to any rights attributed to Consumers by binding legal provisions.
14.2. Any disputes arising between the Seller and a Customer will be dealt with exclusively by the Court of Bologna, unless this provision proves not to be applicable as a result of binding laws in force in the country of residence of the Customer.
15. European ODR Platform
As an alternative to the provisions of art. 14 above, if the Customer has encountered a problem regarding a purchase made on the Seller’s Website, and wishes to resolve the question out of court, s/he may access the European ODR Platform to deal with the dispute.
The European ODR Platform is developed and managed by the European Commission, in observance of Directive 2013/11/EU.
If the Customer wishes to obtain further information on the platform, or to initiate an alternative online resolution procedure, s/he may access the Platform here: http://ec.europa.eu/odr
