GLOSSARY
Seller: Iconazero S.r.l., located at P.le Carlo Maciachini 10 in Milan (Mi) ZIP 20159, VAT No. 12923970961, Tax Code 12923970961, pec iconazerosrl@pec.it, Registered with the Milan Monza Brianza Lodi Companies Register under no. 2692871, as the seller of the Products. Customer: the buyer of the Product/s who registers on the Site and purchases the same product. Contracting Parties/Parties: the Seller and the Customer Product/s: the goods indicated as for sale on the Site, subject of the Sales Contract between the Customer and Seller. Product web page: indicates the description of the Product, its features, both extrinsic and/or intrinsic to the Product that are relevant for the sale. Order/s: the outcome of the online purchase procedure General Sales Conditions: the present agreements Contract: the agreement between the Parties regarding the sale of the product, according to the General Sales Conditions. Product Cost: the consideration for the purchase of the Product excluding the Accessory Costs Accessory Costs: those indicated in art. 7, different from the Product Cost Total Product Price: is the sum of the Product Cost and the Accessory Costs Site: the Seller's website www.iconazerosrl.com Professional: an entity that acts for purposes related to a professional or business activity under and for the effects of the Consumer Code Consumer: according to art. 3, paragraph 1, letter a) of the Consumer Code, the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional, and/or artisanal activity possibly carried out is considered a consumer. Consumer Code: Legislative Decree no. 206 of September 6, 2005
Article 1 - Identification of the Seller
The Products and/or services purchased on the Site are offered for sale and therefore sold by the Seller.
Article 2 - Subject
The General Sales Conditions define the methods and terms of completion of the Sale of the Products indicated on the Site and which are sold by the Seller through its own trade mark. For the description of the Products and each of their technical specifications, express reference is made only to the information published on the Site. The Contract includes exclusively what is indicated in the online purchase Order. For a detailed description of the product, reference is made to the page dedicated to the product on the Site. The characteristics of the Product are therefore those described on the Site page dedicated to the individual Product. The Seller will do its best to ensure that the images of the Products published on the Site represent as faithfully as possible the Products offered for sale. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers used by users for their display. For the purposes of the purchase contract, the description of the Product contained on the Site page dedicated to the individual Product will be considered. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 3 - Customer Registration on the Site
The Seller places great importance on the privacy and convenience of its customers. The aim is to make the shopping experience as smooth as possible, which is why customer registration is not provided for and is not required at any point during the purchase process. It is possible to purchase the desired products without the need to create an account or provide any personal information. This means that you can complete the purchase of items without having to share details such as name, email address, or phone number. The Seller fully respects the Customer's decision to maintain their privacy and only share the information strictly necessary to process and deliver their order. The seller's goal is to ensure that the purchase process is as simple and frictionless as possible. Registration is not required, and no personal data not strictly necessary for order processing is stored. The privacy and convenience of the Customer are paramount to the Seller, and the choice of the Customer not to register at any point during the purchase process is respected. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 4 - Purchase Order
The purchase of Products on the Site is only allowed for individuals who have reached the age of majority. The Customer is required to carefully read these General Sales Conditions, of which storage and reproduction are allowed, as well as all other information that the Seller provides on the Site, both before and during the purchase process. The applicable General Sales Conditions are those in force on the date of transmission of the purchase order. The same may be changed at any time unilaterally by the Seller; any changes and/or new conditions will apply from the moment they are published on the Site. Each individual Contract will be governed according to the general sales conditions in force at the time of the Purchase Order. Orders are considered concluded, for all purposes and therefore also for the effectiveness of the General Sales Conditions, only upon completion of the internal procedure on the Site which, through a determined sequence of activities to complete the elements that make up the Order by the Customer and which consist, by way of example and not exhaustively, in entering the Customer's data, the Product with the choice of specific characteristics of the same chosen by the Customer, methods and terms of payment, costs and delivery times, if expressly provided for by the individual Product, approval of the General Sales Conditions, also pursuant to and for the effects of articles 1341-1342 of the Civil Code, define and complete the Purchase Order. Failure to complete the procedure therefore prevents the formation of the Order, which will therefore be considered as lacking in validity and effectiveness. By placing a Purchase Order, the Customer declares to have read and accepted the General Sales Conditions, available at the time of purchase, including the economic conditions and payment methods set out below, and also confirms to have read and accepted the privacy and cookie policy. The General Sales Conditions will be signed, in the form of a tick, in the online purchase procedure, as well as the clauses that require specific approval pursuant to art. 1341 and following of the Civil Code. During the execution of the Contract, the Customer may not raise objections or make reservations about facts, circumstances, and/or conditions that depend directly or indirectly on the lack of knowledge of what is provided for in these General Sales Conditions. The Customer acknowledges that there may be purchase limits for the Products, for example in relation to Products on promotion which will be expressly indicated as "limited offer" (or synonyms), which may be subject to a daily purchase limit for each Customer. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 5 - Order Confirmation
Following the completion of the procedure, and therefore the sending of the Order by the Customer, the Seller will send to the email address provided by the Customer a confirmation of receipt of the Order containing the data transmitted by the Customer with the sending of the purchase Order. If the Seller, at its sole discretion, deems it necessary to acquire documents from the Customer for identification purposes, or clarifications regarding the Order made, it will proceed to send, using the methods mentioned above, an express request. Once this is addressed with a positive outcome, the Seller will send the Order confirmation. A second email, sent to the same address mentioned in the first paragraph of this article, will indicate the Confirmation of the purchase Order with the aforementioned data and will contain an "Order Code", to be referenced in any further communication between the Customer and the Seller. The Order Confirmation will detail the composition of the Total Price of the Products. The languages available to users to access the service are: Italian and English. The Customer Service can communicate with customers in Italian and English.
Article 6 - Finalization of the Contract
The Contract between the Seller and the Customer will be considered concluded with the receipt by the Customer of the Order Confirmation, and therefore the entire procedure indicated in the above articles 4 and 5 has been completed, and the Seller has received the payment of the Total Product Price, to be made in the ways and terms of the following article 8. Any deadline provided for in the Contract thus concluded will be considered as starting from the date of receipt of the Order Confirmation. The Order Confirmation, if it concerns the purchase of multiple Products, may also be only partial, and therefore limited to one or more Products, but not all. The failure to confirm the Order, even partially, will not entitle the Customer to any compensation or indemnity.
Article 7 - Product Cost
The Cost of each Product is indicated on the Site on the page dedicated to the individual Product and concerns only the consideration for the sale of the Product itself, VAT included. The Product Cost does not include the Accessory Costs related to shipping costs or other that will be indicated in the Order, and that will be borne by the Customer. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 8 - Payment Methods For the payment of purchases, the Customer can use the following methods:
- Credit card of the circuits: AMEX, VISA, MAESTRO, MASTERCARD, VISA ELECTRON, and others possibly made available on the Site
- Shop Pay circuit
- Union Pay circuit
- Apple Pay circuit
- Google Pay circuit
- Paypal circuit At the time of the Order, and for each Product, the payment method chosen by the Seller itself will be indicated, at the sole discretion of the Seller. To ensure the security of payments made on the Site and prevent possible fraud, the Seller reserves the right to ask the Customer for additional information (e.g., phone number, front/back copy of a valid ID via email or fax). The email request will specify the deadline by which the document must reach the Seller. This deadline will not, in any case, exceed 4 days. Payment of the Total Product Price will be considered made when the Seller has effectively received it. Under art. 14 D.P.R. 445/2000 and DL 52/2004, for each purchase made on the Site, the Seller will issue the Order Confirmation for the purchase of the Product, sending it by email to the order holder. For the issuance of the Order Confirmation for the purchase of the Product, the data transmitted by the Customer with the sending of the purchase Order will be used, and the Customer guarantees that they are true. No changes will be possible after its issuance. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 9 - Delivery Methods and Product Integrity
Upon delivery to the carrier, the Seller will be released from obligations related to transport. The product will be delivered to the Customer at the location specified in the Order Confirmation. The Customer is obliged to verify that the product corresponds to what was ordered. The Customer must also ensure that the product is in perfect condition and is suitable for the use that the Product naturally has and as indicated in the Technical Sheet on the Site page dedicated to the individual Product. The Customer acknowledges that picking up the Product is a precise obligation arising from the purchase contract. In case of Non-Delivery to the Home due to the recipient's absence at the address specified in the order form, after two successful delivery attempts, the package will go "on hold" at the location indicated by the Carrier. If the Product is not picked up from the hold within five working days from the day after the Carrier left the passage notice, any further charge imposed by the Carrier for subsequent delivery attempts or late delivery, as well as for storage, will be exclusively borne by the Customer who will bear every related charge imposed by the Carrier itself, to the latter, excluding any right, claim, dispute by the Customer against the Seller. If the purchased Product is not delivered or is delivered late compared to the delivery times indicated during the purchase process and in the Confirmation email, the Customer, pursuant to art. 61 of the Consumer Code, must invite the Seller to make the delivery within an additional period appropriate to the circumstances. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 10 - Withdrawal
Pursuant to art.52 and following of the Consumer Code, the Consumer Customer has the right to withdraw from the purchase contract of the Product, without having to bear other costs except the Accessory Costs. The exercise of the right of withdrawal and therefore the sending to the Seller as a return of the goods must take place within 14 days from: the delivery date of the Product(s); the delivery date of the last Product in case of an order containing multiple lots shipped separately. In case of withdrawal as per the preceding period, the Customer will be entitled to a refund of the Product Cost. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 11 - Warranty for Defects
The duration of the warranty, in the case where the Customer is a Consumer under the Consumer Code, is limited to 24 months from the delivery date, while it is 12 months if the Customer is a Professional. The warranty is limited to any non-conformities existing at the time of product delivery and that manifest within the warranty period from delivery. The non-conformity must be reported to the Seller, under penalty of warranty forfeiture, within two months from the date it was discovered. A non-conformity is considered when the Product does not match the description made by the Seller and/or does not possess the qualities of the Product indicated on the Site. The legal warranty is reserved for Consumers and is applicable only if the goods have been used with due diligence and under normal conditions by the buyer. Therefore, the Seller declines any liability for defects if the goods are subjected to heating conditions, humidity, exposure to atmospheric factors such as sunlight, or abnormal environments. The warranty provided here is not applicable in case of deterioration caused by external causes to the intrinsic quality of the product. Also excluded from the scope of the legal warranty are any defects and/or damages caused by accidental events or the Customer's responsibility or by a use of the Product not in line with its intended use and/or as stated in the Product's Technical Sheet on the Site page dedicated to the individual Product. The warranty does not cover the consequences of the product's normal wear and tear. In particular, the warranty does not cover: discoloration of materials due to light or other atmospheric factors or rubbing; deterioration due to accidents such as stains, burns, scratches, cuts, etc.; deterioration caused by the use of unsuitable products for cleaning the product, not indicated or recommended by the Seller. The Seller cannot be held responsible, within the limits allowed by law, if the delivered product does not comply with the legislation of the delivery country other than Italy; nor in case of non-substantial differences between the purchased goods and their illustrative images and text descriptions published on the Site and therefore also in the Product's Technical Sheet on the Site page dedicated to the individual Product. The warranty is considered excluded: (i) if the Consumer was aware of the defect; (ii) if the Consumer could have been aware of the defect with due diligence; (iii) if the non-conformity arises from instructions or materials provided by the Consumer. The Seller is not responsible for public statements if it proves that: it was unaware of the manufacturer's statement and could not have known it with due diligence; the statement had been adequately corrected before the conclusion of the Contract so that the Consumer could be aware of it; the decision to purchase the consumer good was not influenced by the statement. If the Customer is not a Consumer, Legislative Decree 206/2005 and subsequent amendments will not apply, and the provisions of the Civil Code will apply. Notwithstanding the exclusions above, if the Customer is not a Consumer, the warranty due by the Seller lasts one year. In the event of a duly reported and proven non-conformity, the Customer has the right to: free repair or replacement of the goods, at his choice, unless the remedy requested is objectively impossible or excessively burdensome compared to the other; if repair or replacement is impossible or excessively burdensome, or if the repair or replacement has not been carried out within a reasonable time, or if the repair or replacement previously carried out has caused significant inconvenience to the Consumer, to a reduction in price or to the termination of the contract, at his choice. The requested remedy is considered excessively burdensome if it imposes unreasonable costs on the Seller compared to alternative remedies that can be pursued, taking into account i) the value that the good would have if there were no non-conformity; ii) the extent of the non-conformity; iii) the possibility that the alternative remedy can be pursued without significant inconvenience to the Consumer. Products sold on the Site may, depending on their nature, be covered by the Manufacturer's warranty, if different from the Seller. In this case, the Customer can enforce this warranty only against the Manufacturer. The conditions for applying the warranty in this paragraph depend on the individual Manufacturer and are indicated in the so-called warranty certificate contained in the Product packaging. Any conventional warranty issued by the Manufacturer is voluntary and does not add to, replace, limit, or prejudice the legal warranty. Under no circumstances may the Customer enforce the conventional warranty issued by the Manufacturer against the Seller. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 12 - Termination of the Contract
Pursuant to art. 61 paragraph iv of the Consumer Code, the Customer may immediately terminate the contract without granting any additional period if: the Seller has expressly refused to deliver the Products; compliance with the delivery deadline indicated during the purchase process and in the "Order Registration Confirmation" email must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; the Customer informed the Seller, before concluding the contract, that delivery by a specific date is essential. The Customer must communicate the termination to the Seller using the methods specified in the following article 16 (Communications), the Seller will be required to refund the Product Cost to the Customer, if already paid, or will not be able to request payment, if not yet paid. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 13 - Delivery Delays
The Seller undertakes to promptly notify the Customer by email of any delivery delays, simultaneously indicating the new delivery deadline, if available, which must be accepted by the Customer by email. In case of a delay equal to or greater than 90 days, the Seller also undertakes to recognize the Customer who requests it a refund of the delivery costs within 10 days from the request, or, alternatively, to recognize the Customer a discount voucher equal to the value of the delivery costs paid by the Customer to be spent on the Site within 3 months. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 14 - Force Majeure
For the purposes of the Contract, force majeure events are all those events and circumstances that (i) could not be foreseen by the Party affected by them, and (ii) made it impossible or unlawful for such Party to fully or partially fulfill their obligations as set out in the Contract ("Force Majeure"). Examples of Force Majeure include, but are not limited to: (i) wars, revolutions, riots, invasions, armed conflicts, acts of terrorism or sabotage, epidemics, and pandemics; (ii) national or local strikes or site occupations related to national or local protest demonstrations; (iii) earthquakes, hurricanes, or floods, and in general other atmospheric events that materially prevent the fulfillment of obligations; (iv) measures by the administrative or judicial authority, not due to the act or omission or other circumstance within the responsibility of the Party invoking Force Majeure, that prevent and/or delay, in whole or in part, the execution of the Contract; In the event of a Force Majeure, the Party affected by such an event will not be considered contractually in default to the extent that the performance of the service is prevented or delayed. If a Party is prevented or delayed in fulfilling any of the obligations arising from the Contract due to a Force Majeure event, it must notify the other Party of the circumstances constituting the Force Majeure and the obligations whose fulfillment is prevented or delayed due to such an event. The affected Party must, in any case, make every reasonable effort to limit, in accordance with the Rules of Good Execution, the effects of the Force Majeure on the performance owed by it under the Contract. The events provided for in this article can refer to both Parties, the Carrier, and the Manufacturer.
Article 15 - Integrity of the Contract
These General Sales Conditions constitute the entirety of the parties' obligations. No other general or specific condition communicated by the Customer can be added to or excluded from the General Sales Conditions.
Article 16 - Communications
Any communication with the Seller must be made by registered mail with return receipt to the address P.le Carlo Maciachini 10 in Milan (Mi) ZIP code 20159 or to the certified email address. The Parties expressly acknowledge that the email address provided by the Customer in the registration form is equivalent to the choice of domicile for all purposes under art. 1335 of the Civil Code. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.
Article 17 - Intellectual and Industrial Property Rights
The Seller informs that the Site, as well as all trademarks and distinctive logos used in connection with the sale of the proposed products, are protected by intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration, or transformation is prohibited in any form and for any purpose. The Seller reserves the right to take legal action to protect its trademarks and distinctive signs, for which the Customer does not acquire any rights following the conclusion of the Contract.
Article 18 - Applicable Laws and Competent Court
The General Sales Conditions are governed by the provisions of Italian law. In the case the Customer is a consumer, the competent court will be that of the Consumer's domicile, unless a different written agreement is made after the dispute arises. SPECIFIC APPROVAL pursuant to and for the effects of articles 1341 – 1342 of the Civil Code.