General conditions

INDICE

  1. Introduction
  2. Settlement
  3. Buyer’s Duty
  4. Purchase Order
  5. Contract’s conclusion and effectiveness
  6. Products availability, purchase voucher. Shipment
  7. Payments, contract. Terms of delivery.
  8. Customs, fiscals and administrative obligations
  9. COSMOS ITALIA S.R.L UNIPERSONALE’s capability
  10. Role attributed
  11. Annulment rights
  12. Guarantees toward Buyers and Professionals
  13. Applicable law
  14. Resolution and Court in charge

1. Introduction

With this online sales general information (“OSGI”), COSMOS ITALIA S.R.L. UNIPERSONALE , VAT number IT-01650260936, with registered office at Via Cadore 7/A CHIONS 33083 (PN) ("COSMOS ITALIA S.R.L. UNIPERSONALE"), discipline the commercial relations between the users and the buyers, as followed explained, as telematics negotiation.

For all information’s that are not present on the OSGI we kindly invite you to read the section (i) Warning and (ii) Privacy Policy.

2. Settlement

Word written with the capital letter, singular or plural, needs to be connected the following meanings:

  • Site: the website connected to: www.cosmostuteladelcredito.com;
  • Buyer: subject that conclude the contract with COSMOS ITALIA S.R.L. UNIPERSONALE. On the Italian Consumption Code (Legislative Decree n. 206/2005), defines buyer the natural person that acts for unrelated purposes to the business or professional activity carried out ("Buyer") and professional the natural or legal person who acts in the exercise of his business or professional activity, or his intermediary ("Professional"). When the “OSGI” mention Buyer, it refers to both Buyer and professional, in the opposite case, will refers to the interest subject (for example on the section regarding the annulment rights, regards only the buyer);
  • Registration: is the procedure that leaves the access credentials (“Identifiable code”), is represented by an User ID (alphanumeric code) and a Password (alphanumeric code) that allows to access on the private area (login). The registration is used to identify the Buyer uniquely and allows also to have a better usability of the Site;
  • PartsCOSMOS ITALIA S.R.L. UNIPERSONALE and the Buyer;
  • Product: transaction’s object (product or service). All the product information collected on the relative card are not a limit for COSMOS ITALIA S.R.L. UNIPERSONALE but only in the way described on OSGI. We hereby inform that the product card contain the product information and in case of specials needs the Buyer should ask to COSMOS ITALIA S.R.L. UNIPERSONALE more information’s regarding the product;
  • Contract: purchase agreement for one or more product, included telematics agreement between the parts according to the OSGI. The contract is concluded on the registered COSMOS ITALIA S.R.L. UNIPERSONALE;
  • User: subject that visit and surfer the Site. The User respect the discipline hereby explained also if he will not be a Buyer.
  • Price:
    • the amount to be paid in consideration of the product purchase.
    • The product price indicated on the product’s card it is valid only for the Buyer.
    • The prices are indicated in Euros and they include the VAT.
    • Regarding the VAT we invite you to read on the Article 8 regarding the customs duties.
    • For the professionals, if they are resident or not on the European Union, the price is net - to be understood net of any tax disbursement required by law and in particular VAT and the import charges referred to in Article 8 - is subject to specific negotiation with COSMOS ITALIA S.R.L. UNIPERSONALE, as per following article 5B. Duty: an additional duty charged to the Buyer for the product’s purchase, like shipment price (packaging is included).
    • This Duty is shown to the Buyer before the purchase ended.
  • Financial Consultant: subject agreed upon COSMOS ITALIA S.R.L. UNIPERSONALE, trough which the payment can be made (for example credit cards, PayPal);
  • Delivery: regarding the guarantees and the annulment rights, delivery means when the products is received, independently from the postal subject or carrier that make the shipment regarding the delivering to the Buyer

3. Buyer’s Duty

The Buyers reserves:

  1. Respects the Warning and the OSGI;
  2. Use the Site to preview the product and make product purchase orders;
  3. Read and conserve the OSGI;
  4. Always use real personal data regarding the Site registration and all the other communications with COSMOS ITALIA S.R.L. UNIPERSONALE, and always upload personal data if there are any changes;
  5. Do not register others person personal data, false data or invented data;
  6. Relieve COSMOS ITALIA S.R.L. UNIPERSONALE from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Buyer, being solely responsible for the insertion.

By doing purchase on the Site the Buyer guarantees that he reach the majority age.

By respecting what mentioned above regarding the protection of the industrial and intellectual property of COSMOS ITALIA S.R.L. UNIPERSONALE, the Buyer will not use the Site’s images for personal purposes, functional to the purchase of the Product, being forbidden the production, publication and dissemination of the same for commercial purposes, subject to the specific written agreement with COSMOS ITALIA S.R.L. UNIPERSONALE. It is understood that this prohibition is not applicable to social networks and portals that promote image and comment sharing (Facebook ®, Pinterest ®, etc.).

4. Purchase Order

The parts agreed that the Buyer can make an order in the following methods:

  • Consult the product catalogues to verify its characteristics as described on the products card;
  • Select the desire product that you mean to buy;
  • Eventually continue with the purchase section by insert other products, (icon “Go back to the catalogue”)
  • Complete the product selection and continue to complete order (icon: “Purchase”)
  • Buyer registration trough completed the form and the anagrafic creation, included the invoicing data and shipment address.
  • Personal data will be used according to the privacy policy. Once the Buyer has created the personal area registration the purchase can be finished on the login area;
  • Always verify the order summery, included the shipment costs;
  • If it is necessary you can modify the order;
  • Order confirmation (icon “Send Order”);
  • If you choose to pay with credit card or paypal:
    To complete the payment kindly follow the istructions; you will received an email with the order summery and other usefull informations, as well you will received the OSGI in pdf format;
  • Payment: follow the instruction received.

5. Contract’s conclusion and effectiveness

The order in concluded in the moment that COSMOS ITALIA S.R.L. UNIPERSONALE received the payment, or the notice from the Financial Consultant regarding the correct payment arrangement from the Buyer.

The Buyer can also send the request by email asking the offer to the purchase. The contract is concluded in the moment that COSMOS ITALIA S.R.L UNIPERSONALE, received the offer signed, in pdf format, without any modifications.

6. Products availability, purchase voucher. Shipment

The Buyer can buy the products indicated on the electronic catalogue by consulting it on the Site. The Product database is constantly uploads by COSMOS ITALIA S.R.L. UNIPERSONALE.

In case that the product it is not available anymore COSMOS ITALIA S.R.L. UNIPERSONALE in between the terms included on the article 54 from de Legistlative Degree n.206/2005, COSMOS ITALIA S.R.L. UNIPERSONALE will immediately inform the Buyer, the last one can choose:

  1. The total refound, that will have place as soon as possible, anyways in between 30 days;
  2. To get a purchase voucher included the total amount paid. The voucher should be used in between 90 days from the creation date, otherwise COSMOS ITALIA S.R.L. UNIPERSONALE will refound the Buyer. Shipment places and delivery time are indicated on the sector Shipment and Payment,

7. Payments, contract. Terms of delivery

Every kind of responsibility regarding the correct payment trough the website, different from the bank transfer in advance (credit card) it is exclusively attributable to financial Intermediaries and / or issuing institutions or which in any case manage the service (Banca Sella and Paypal).

COSMOS ITALIA S.R.L. UNIPERSONALE starts the contract execution only after the payment arrives, by informing the Buyer at the moment of the shipment.

COSMOS ITALIA S.R.L. UNIPERSONALE accomplish the own must with the delivery of the product, according to the product choosed and explained on the section Delivery and Payments.

According to the fixed Buyer rights, the Parts agreed to attribute the delivery terms, eventually indicated on the Site, but not necessary for the contract finalization, but only considered as indicative.

COSMOS ITALIA S.R.L. UNIPERSONALE it is not responsible for problems regarding the delivery for force majeure, fortuitous occurrence or delivery delay.

In the case that the delivery has a negative result (for example: the Buyer refuses to accept the product, or the Buyer is not available) COSMOS ITALIA S.R.L. UNIPERSONALE will change the shipment costs to the Buyer, by taking them away from the eventual amount refund.

8. Customs, fiscals and administrative obligations

All the fees, taxes, licenses, authorizations, permits and any customs, fiscal and administrative fulfillment on which depend the importation and the Products delivery (with particular but not exclusive reference to the countries not belonging to the European Union) they must be considered as the sole responsibility of the Buyer, who must act promptly to carry out the necessary obligations and support the related outlays.

9. COSMOS ITALIA S.R.L UNIPERSONALE’s capability

COSMOS ITALIA S.R.L. UNIPERSONALE has the right to do not accept registrations request, or to momentary suspend the Site’s access, or to make any order also by deleting the login data access for all that Buyer that doesn’t have any kind of guarantee and that do not respect the OSGI, or that it has defaulted on the contractual conditions that may be applicable, or has to use the Site abusively and / or in bad faith. In the assessment of the above measures, COSMOS ITALIA S.R.L. UNIPERSONALE will adhere to a good faith and reasonableness criterion.

10. Role attributed

The Buyer should apply to the operations made with the private area access the Personal Code connected to the own activity and the own agreement to the Site, the role attribute principal, for which the Buyer will always answered for any used, also unauthorized used. COSMOS ITALIA S.R.L. UNIPERSONALE could Legitimate consider bound the Buyer, identified with the Identifying Code to be attributed to himself, to all the before mentioned manifestations.

11. Annulment rights

Only the Buyer has the annulment rights from the contract according to the Italian Consumer Code (Legislative Decree n.206/2005), article 64 and followings, that implicates the amount refund to the Buyer, the amount means the amount that the Buyer paid in the moment of the purchase order. A Professional cannot use the Annulments rights.

To use the annulment right the Buyer should send a written communication at cosmositaliasrl@pec.it, before 10 calendars days from the delivery product, in case of multiples products, regarding the delivery date regarding the interests product.

The annulment right can be done only if the product and the packaging are in perfect conditions, this is the principal rule to be apply for the annulment rights, the Product should be return by following all instructions received by email from COSMOS ITALIA S.R.L. UNIPERSONALE. This communication will be sent by email in between 10 working following days.

In case that all the above mentioned rules are respect, COSMOS ITALIA S.R.L. UNIPERSONALE will refound the total amount sent for the Product Purchase as soon as possible, anyways in between 30 days from the written communication regarding the annulment right.

An alternative to the refund is that the Buyer ask to COSMOS ITALIA S.R.L. UNIPERSONALE to have a voucher, that could be used according to the article 6B.

The annulment right cannot be used in case of personalized Products.

12. Guarantees toward Buyers and Professionals

Before the Products are sold they have different controls that exclude any kind of defect. In any case COSMOS ITALIA S.R.L. UNIPERSONALE assure the appliance of the Law to defend the Buyer, and in the same time ask to the Professional to put particular attention in the moment that the Products are received, in this way you can inform us if there is some problem.

The Products that have some problem can be return, COSMOS ITALIA S.R.L. UNIPERSONALE has the right to ask to the Buyer or the professional to send the Products photos for which the guarantee is used according to the Italian Consumer Code (Legislative Decree n.206/2005). In case that the Buyer notification is accepted, COSMOS ITALIA S.R.L. UNIPERSONALE will send a communication with the return authorization and all the retun instruccions. In case of not following the above mentiones rules (for example, no authorization to the Product return, or others) the guarantee will not be applicable.

COSMOS ITALIA S.R.L. UNIPERSONALE asks the Professional to carefully control the Products status at the time of receipt. Any claim related to defects must be send to COSMOS ITALIA S.R.L. UNIPERSONALE, by e-mail at cosmositaliasrl@pec.it with attached the products images that has defect, strictly within eight (8) days of delivery, under penalty of forfeiture. Returns will not be accepted unless previously authorized in writing by COSMOS ITALIA S.R.L. UNIPERSONALE, which will examine the returns to verify that the defect exists and is attributable to its responsibility and, at its choice, will replace or repair the Products recognized as defective. In any case, the costs and risks deriving from the return of the goods are the sole responsibility of the Professional. Any other warranty, including by law, and any other provision provided by the law in favor of the Professional must be considered excluded by these Conditions. According to article 131 of the Italian Consumer Code (Legislative Decree n.206 / 2005), the Professional may not exercise the annulment right against COSMOS ITALIA S.R.L. UNIPERSONALE.

13. Applicable law

Since the Buyer rights regarding or the right according also to the OSGI, all the contract made on the Site with Buyers and Professionals, are made according to the Italian Law, excluding the Vienne Convention of 1980 reagrding the international sale of Products.

14. Resolution and Court in charge

  1. For any disagreement within the Consumer and COSMOS ITALIA S.R.L. UNIPERSONALE is responsible the court in which the Consumer has his own residence or domicile. The disagreement regarding the online Contracts, Transactions and ECGV, also regarding their existence, interpretation, efficiency, COSMOS ITALIA S.R.L. UNIPERSONLE and the Consumer, before going to the above mentioned Court, they can consult the resolution service regulated by the Pordenone Chamber of Commerce or to another corresponding resolution service, authorized by the Law in which the Consumer directed to.
  2. For any disagreement regarding online Contracts, Transactions and the ECGV, also regarding their existence, interpretation, efficiency, COSMOS ITALIA S.R.L. UNIPERSONLE and the Professional (expert), before going to the own juridical authority, they can entrust to the resolution service of the Pordenone Chamber of Commerce, that declares to know and accept entirely. Regarding Professionals only, in the case in which the resolution had not have a good result, the Court in charge regarding Transactions and Contract is the one that correspond with the legal office of COSMOS ITALIA S.R.L UNIPERSONALE, as well for COSMOS ITALIA S.R.L. UNIPERSONALE to convert the Professional in front of any Court that has jurisdictions with the Professional.