Terms of service
GENERAL TERMS OF SALE
General provisions
These General Terms of Sale (hereinafter "General Conditions"), governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the rules on e-commerce (Legislative Decree no. 70/ 2003 and subsequent amendments), are valid exclusively for distance sales concluded via the web of the products shown on the domain https://www.shop.gassalespiacenza.it/ (hereinafter the "Site") between the company You Energy Volley SSDRL, based in Piacenza, 29122, Via Tirotti 54, VAT number: 01764660336, (hereinafter "Gas Sales Volley") and any natural person, legal entity and/or sole proprietorship (hereinafter "Client"). These conditions may be subject to modifications and the date of publication of the same on the site is equivalent to the date of entry into force.
Art. 1 - Object of the contract
With these General Conditions, Gas Sales Volley sells to the Customer, who purchases remotely, the goods indicated and offered for sale on the Site (hereinafter the "Products"). The contract is concluded exclusively through the internet, through the creation of a purchase order by the Customer according to the procedure provided on the Site. The products are, as a rule, represented by gadgets branded Gas Sales Bluenergy Volley, of which the company owns regular rights of use and sale.
Art. 2 - Preliminary information for the purchase
Before concluding the purchase, the Customer takes note of the characteristics of the products which are illustrated in the individual sheets of each Product and declares to have been specifically informed, among other conditions, above all in relation to: i) the price of the Products with details of shipping costs, VAT and other taxes if applicable, and any other costs; ii) method of payment; iii) conditions, terms and procedures for exercising the right of withdrawal; iv) guarantees; v) applicable law and competent court. Forwarding the purchase order implies full knowledge and express acceptance by the Customer of these General Conditions. The Customer is required to check with the utmost attention and care the correctness of their data contained in the purchase confirmation and to communicate to Gas Sales Volley, within and no later than the following 24 hours, any corrections of the same. The Customer, if a natural person, by placing an order through the Site, guarantees to be of legal age (18 years) and to possess the legal capacity to stipulate binding contracts. In any case, it is prohibited for the Customer to enter false, invented or invented names in the order procedure and in further communications to Gas Sales Volley, which reserves the right to legally prosecute any violation and abuse. The Customer must pay particular attention when completing the forms provided on the site to process the order, as Gas Sales Volley cannot be held responsible in any way for data deemed incorrect by the Customer, if such information has been sent by the same.
Art. 3 - Purchase order
The Customer, who intends to proceed with the purchase of the Products, must express this desire through a request made directly on the Site, in the specifically dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. The personal data communicated for payment will be processed by Gas Sales Volley to follow up on the order request and the relative invoicing, with the exception of the data concerning the payment of the consideration for the purchased goods, which will be communicated directly to the electronic payment system made available provision to allow economic transactions (PayPal). In no case can Gas Sales Volley be held responsible for any fraudulent or illegal use of credit cards or similar by third parties. Once the contract is concluded, Gas Sales Volley will send the Customer, by e-mail, an order confirmation containing a summary of the information already contained in the order itself.
Article 4 - Prices.
Unless otherwise written indication, all the sales prices of the Products are expressed in Euros (VAT included) and may be subject to updates. The Customer must ascertain the final sale price before submitting the relevant order form. Shipping costs are not included in the price of the Products, but are calculated based on the shipping method chosen by the Customer, the destination indicated by him, the number of packages and are indicated at the time of the order, when you have the data for be able to estimate them. No shipping costs will be charged if the Customer makes use of the "Withdrawal at Palabanca office" option.
Art. 5 - Method of payment
Online payment can only be made through the PayPal service, while it will be at the discretion of the customer in case of collection at the headquarters. The data and communications relating to the payment take place on special protected lines and with all the guarantees ensured by the use of the security protocols envisaged by the electronic payment circuits. If paying with PayPal, the charge will be applied at the time of purchase.
Art. 6 - Method of delivery
Gas Sales Volley will deliver the products purchased by the Customer through specialized carriers specially appointed by Gas Sales Volley. Delivery times are those indicated in the purchase order and specified in the purchase order confirmation and may vary based on the destination, the type of product, the amount and volume of the goods. The delivery times indicated on the site are intended as working days. Gas Sales Volley will not be responsible for delays caused by incorrect communication of addresses and other information necessary to deliver the products. The goods always travel on behalf and at the risk of the buyer. Therefore, Gas Sales Volley is not responsible for deterioration, damage, delays, fines or other prejudices and damages of any kind that may occur during transport. Upon delivery of the Products to the Customer by the carrier in charge of their transport, the Customer must check, in the presence of the carrier, that:
- the quantity and type of Products ordered corresponds to what is indicated in the transport document;
- the packaging used for transport is intact, undamaged or otherwise altered, even only in the sealing materials;
- the quantity and type of Products delivered corresponds to what was ordered.
In the event that the package shows obvious signs of tampering or alteration, the Customer must notify Gas Sales Volley by e-mail and/or registered letter with return receipt within the following 24 hours.
For each order placed on the site, Gas Sales Volley will issue an invoice for the shipped goods, sent by e-mail or post to the order holder or inserted in the package sent to the Customer.
Art. 7 - Right of withdrawal and returns
The Customer has the right to withdraw from the contract without giving any reason and without any penalty within 14 days of receiving the products. In case of multiple purchases made with a single order and delivered separately, the term starts from the date of receipt of the last product. The Customer may exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract. The right of withdrawal will be considered validly exercised if the relative communication is sent before the expiry of the 14-day period. In case of exercising the right of withdrawal, the Customer is required to return the products in the same conditions in which they were received. The right of withdrawal will be recognized only for those products returned in the same condition in which they were received. No refund will be made for products that are not in the same condition in which they were delivered and/or have been damaged and/or are not intact and in a normal state of conservation.
The goods must be returned or delivered to: You Energy Volley SSDRL, with registered office in Piacenza, 29122, Via Tirotti 54 without undue delay and in any case within 14 working days from the day of withdrawal. If the return does not meet the conditions listed, the return will be rejected and no refund will be given.
Art.8 - Refund
After returning the products, Gas Sales Volley carries out the necessary checks relating to their compliance with the conditions and terms expressed herein. In the event that the checks are concluded positively, Gas Sales Volley will issue a refund. If there is no correspondence between the recipient of the products indicated in the order form and the person who paid the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be executed, in any case to the person who made the payment. The Customer must personally pay the necessary transport costs and will bear any responsibility in the event of loss or damage to the products during transport, according to the methods and terms established for exercising the right of withdrawal.
Refound is also provided if the Products purchased are not actually available in the Gas Sales Volley warehouse at the time of shipment.
Article 9 – Warranty
9.1. Pursuant to art. 130 of the “Codice del Consumo” (Code)
Gas Sales Volley is responsible, towards the Customer (also defined “Consumer” in the Code Art. 3 lett. a) for any lack of conformity existing at the time of delivery of the goods; in this case, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6 of the art. 130 of the Code, or to an adequate reduction of the price or to the termination of the sales contract, in accordance with paragraphs 7, 8 and 9 of the art. 130 of the Code: in this regard, Gas Sales Volley notes that, pursuant to paragraph 10 of art. 130 of the Code, a minor lack of conformity for which it was not possible or excessively onerous to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
9.2 Pursuant to art. 132 of the “Codice del Consumo” (Code)
Gas Sales Volley is responsible for the case better described in the previous point 8.1. where the lack of conformity occurs within two years of delivery of the goods: in this regard, Gas Sales Volley also observes that, pursuant to paragraph 2 of art. 132 of the Code, the Consumer forfeits the rights provided for by art. 130 paragraph 2 of the Code if he doesn’t report the lack of conformity to the seller within 2 months from the date on which he discovered it.
9.3. In order to be able to take advantage of the guarantee better illustrated in the previous points 9.1. and 9.2.
The Consumer is imperatively required to provide the proof of purchase as well as proof of effective delivery of the goods by Gas Sales Volley.
9.4. In the event that the Customer is a professional as defined by art. 3 paragraph 1 lett. C) of the Code
In this case, the Customer has the right to make use of the so-called legal guarantee. envisaged by the current Italian civil code, which provides that the same is valid for the term of 1 year from delivery of the product, provided that, under penalty of forfeiture, the Customer has reported the relative lack of conformity within 8 days of its discovery.
9.5. The products offered for sale by Gas Sales Volley on the Site comply with current Italian or Community legislation
The images and colors of the goods offered for sale on the Gas Sales Volley website are to be understood as indicative and illustrative, with the consequence that the Customer is required to refer exclusively to the characteristics described in the technical sheet (if any) of the relative product: therefore, any inaccuracies or differences of a non-substantial nature between what is represented on the Site and the product delivered to the Customer are not to be considered a breach of a contractual nature.
Art. 10 - Applicable law and competent court
The sales contract concluded according to these General Conditions is understood to be concluded in Italy and governed by Italian law. Any dispute relating to the interpretation, execution, validity of the sales contract concluded through the Site, will be submitted to the exclusive jurisdiction of the Court of Piacenza.
Art. 11 - Claim
Any claim must be addressed to Gas Sales Volley, by sending a PEC to youenergyvolley@pec.it or a registered letter with return receipt to the following address: You Energy Volley SSDRL, based in Piacenza, 29122, Via Tirotti 54.
According to the art. 49 paragraph 1 letter V of the Consumer Code, the Customer can make use of the Joint Conciliation procedure for the amicable management and out-of-court resolution of any problems that may arise regarding the sale concluded according to these General Conditions. Furthermore, pursuant to art. 14 of EU Regulation 524/2013, the Consumer Customer is informed that in the event of a dispute, he may file a complaint via the European Union's ODR platform which can be reached at the following link: http://ec.europa.eu/consumers/odr.
Art. 12 - Commercial support
For any request for assistance, Gas Sales Volley can be contacted, from Monday to Friday, from 09 to 18 by telephone on 0523 1886341 or by e-mail at store@youenergyvolley.it.
Art. 13 - Site contents and intellectual property rights
The contents of the Site such as, by way of non-exhaustive example, the works, images, photographs, videos, documents, drawings, figures, logos and any other material published on the Site are protected by copyright and from any other intellectual property right of Gas Sales Volley. The reproduction, modification, duplication, copying or in any case the exploitation of the images and contents of the Site is prohibited unless previously authorized in writing by Gas Sales Volley.