The following Terms of Sale govern the offer and sale of products carried out remotely and electronically on the website www.xodostore.com, hereinafter also the Site, belonging to the company Xodo Store S.a.s. di Xodo Federico & C., with registered office in Piove di Sacco (PD), via Piave n. 28 – CAP 35028 (Tax Code – VAT 05096810287), from now on also Xodo Store.
All products purchased on the Site are offered and sold by Xodo Store.
1. SCOPE OF APPLICATION
1.1 The sale of products through the Website takes place through the distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003, containing the regulation of electronic commerce. The protection of personal data is instead governed by Legislative Decree no. 196/2003, to which express reference is made.
1.2 These Terms of Sale may be modified by Xodo Store at any time, but will only come into force from the moment they are published on the Site. The applicable Conditions of Sale are those in force on the date of sending the purchase order using the electronic method contained in the Site itself.
1.3 Unless otherwise agreed in writing (including by e-mail), the products sold through the Site do not include the assembly and/or installation of the product offered for sale. Therefore, the assembly and/or installation of the product will be the exclusive responsibility of the purchaser, also with regard to the related costs, and at the complete responsibility of the purchaser. Xodo Store will not be able to be held liable for malfunctions of the products sold when they have depended on installations and/or assembly carried out not in a workmanlike manner or by companies not authorized by law.
2. PURCHASES ON THE SITE
2.1 Sales on the Site are reserved only for those who have reached the age of majority under the law of their country of origin.
2.2 Xodo Store reserves the right to refuse or cancel orders that originate from (i) a user with whom Xodo Store has an ongoing legal dispute; (ii) by a user who has previously violated these Terms of Sale; (iii) by a user who has been involved in fraud of any kind; (iv) by users who do not give sufficient guarantees of solvency.
2.3 It may happen that the purchase process contains one or more material errors; that the item “Product Characteristics”, as defined in point 5.3, contains incorrect information due to errors (both in the technical part and on the price of the product); that by mistake a product is indicated as available and instead is not available during the preparation of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with Xodo Store, a different product with similar characteristics, subject to any adjustment relating to the purchase cost.
3. INFORMATION FOR THE CONCLUSION OF THE CONTRACT
In accordance with Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, Xodo Store informs the user that:
– to conclude the contract for the purchase of one or more products on the Site, the user must fill in an order form in electronic format and send it to the Xodo Store, electronically, following the instructions that will appear on the Site and that will accompany the various stages of the purchase;
– the contract is concluded when the order form is received by the Xodo Store server;
– Once the order form has been registered, Xodo Store will send the user, by e-mail to the e-mail address indicated by the user, the order confirmation, containing information relating to the characteristics of the purchased product, a detailed indication of the price, the means of payment used, and any additional costs, as well as the contact of customer service, which the user can contact to request assistance and/or submit complaints. Please keep the email you received as proof of purchase. The Conditions of Sale (including the right of withdrawal) of Xodo Store, as well as the rules for the protection of personal data, will be available through the item at the bottom of the order confirmation email of the purchased product, “item” that refers to the Conditions of Sale published on the Site and already known by the buyer.
– the order form will be stored in the Xodo Store database for the time necessary to process the order and, in any case, within the terms of the law.
4. VALIDITY OF OFFERS AND PRICES
4.1 All product prices are expressed in euros and include value added tax (“VAT”), unless otherwise stated. Any additional costs will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
4.2 Unless otherwise agreed in writing (including by e-mail), the prices of products sold through the Site do not include the cost of their assembly and/or installation.
4.3 The price of the products may be changed by Xodo Store at any time, without prior notice, it being understood that the price charged to the user will be the one published on the web page dedicated to the product which also contains the technical characteristics of the product at the time the order was sent. Any changes (up or down) in the price subsequent to the transmission of the order will not be taken into account.
5. PURCHASE ORDERS – PRODUCT INFORMATION
5.1 Xodo Store will process the purchase order, and therefore will ship the purchased product, only after receiving the credit to its current account of the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form. In the event that the total amount due is not credited, or the successful outcome of the payment is not confirmed, the purchase contract will be terminated by law pursuant to art. 1456 of the Italian Civil Code (express termination clause).
5.2 The products subject to the purchase order will remain the property of Xodo Store until the payment made by the user of the total amount due has been credited to the Xodo Store bank account. On the other hand, the risk of loss or damage to the products ordered, for reasons not attributable to Xodo Store, will be transferred to the user when the latter, or a third party designated by the same and other than the carrier, takes physical possession of the products.
5.3 Each product is described on a web page dedicated to the product and also containing the technical characteristics of the product itself. The images and descriptions on the Site reproduce the characteristics of the products as faithfully as possible. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the product description contained in the order form submitted by the user will be valid.
6. AVAILABILITY OF PRODUCTS
6.1 The products offered on the Site are limited in number. It can therefore happen, also due to the possibility that several users buy the same product at the same time, that the ordered product is no longer available, or that delivery times are extended after the purchase order has been transmitted.
6.2 In any event of unavailability of the ordered product, the user will be promptly informed by Xodo Store by means of email or by phone. The user will therefore be entitled to terminate the contract, pursuant to art. 61, 4th and 5th paragraphs, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to Article 61, 4th and 5th paragraphs of the Consumer Code, or in any case in which the payment of the total amount due has already been made, Xodo Store will refund this amount without delay and, in any case, within the maximum period of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or the other means agreed between the user and Xodo Store.
6.3 In the case of orders concerning a plurality of Products (multiple order), if the supervening unavailability concerns only some products subject to the multiple order, without prejudice to the application of the legal provisions referred to in point 6.2 above, Xodo Store will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the product(s) that has become unavailable, always pursuant to the provisions of art. 61, 4th and 5th paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, 4th and 5th paragraphs, Consumer Code, in relation to the product(s) that has become unavailable or in any case in which the payment of the total amount due has already been made, Xodo Store will refund the amount due in relation to such product(s), including delivery costs and any other additional costs due in relation to such product(s) (partial amount due) without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or through any means agreed between the parties. The termination of the entire multiple order will be possible only in the case of evident and proven accessory nature of the products subject to the multiple order that have become unavailable compared to the other products subject to the order available.
7. DELIVERY OF PURCHASED PRODUCTS
7.1 In the event of failure to indicate a specific delivery term, it will take place, in any case, within 60 days from the date of conclusion of the contract.
7.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the products to the user.
It is the responsibility of the user to check the condition of the product that has been delivered to him or that he has collected. It being understood that the risk of loss or damage to the products, for reasons not attributable to Xodo Store, is transferred to the user when the user, or a third party designated by the same and other than the carrier, takes physical possession of the Product, the user is responsible for verifying the number of products received and that the packaging is intact, undamaged, nor wet or in any way altered, even in the closing materials, and the user is also responsible for indicating any anomalies on the carrier’s transport document, accepting the package with RESERVE (e.g. damaged package, wet package). The unreserved receipt of the products, in fact, does not allow the user to take legal action against the courier and/or Xodo Store, in the event of loss or damage to the products, except in the event that the loss or damage is due to wilful misconduct or gross negligence of the courier itself (which must in any case be proven by the user), and except for partial loss or damage not recognizable at the time of delivery, provided that, in the latter case, the damage is reported as soon as it is known and no later than 8 days after discovery. In the event that the packaging shows obvious signs of tampering or alteration, the user is responsible for promptly notifying Xodo Store by written communication, including by e-mail. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.
7.3 The provisions of art. 61 of the Consumer Code in the event that the purchased product is not delivered or is delivered later than the delivery terms indicated during the purchase process and in the order confirmation.
8. PAYMENT METHODS
8.1 Payment for the Products can be made by credit or debit card, by PayPal, bank transfer, or Stripe.
8.2 Payment by credit or debit card
8.2.1 Payment for the Products can be made by credit or debit card directly through the Site.
8.3 Payment by PayPal
8.3.1 Payment for products purchased on the Site can be made through the PayPal solution. If the user chooses PayPal as a means of payment, he will be redirected to the www.paypal.it site where he will make the payment for the products according to the procedure provided and regulated by the PayPal company and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with Xodo Store. The latter is therefore not able to know and does not store in any way the data of the credit card linked to the user’s PayPal account or the data of any other payment instrument connected with this account.
8.3.2 In the case of payment by PayPal, the total amount due will be debited by the latter from the user at the time of conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the PayPal account of the same, unless otherwise agreed between the user and Xodo Store. The crediting time to the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once a credit order has been placed for your account, Xodo Store will not be liable for any delay or failure to credit you with the refund amount, which you must dispute directly with PayPal.
8.5 Bank transfer
8.5.1 If you decide to pay by bank transfer, the contract will be deemed to have been finalised and your order will be dispatched as soon as Xodo Store has received a credit for the amount of your order.
9. RIGHT OF WITHDRAWAL
9.1 The user who is a “consumer” within the meaning of the Consumer Code has the right to withdraw from the contract concluded with Xodo Store without having to incur costs other than those indicated in this article, and without having to specify the reason, within 14 days (Withdrawal Period). The 14-day Withdrawal Period runs:
– in the case of an order relating to a single product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the product;
– in the case of a multiple order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last product;
– in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last batch or piece.
9.2. Per esercitare il diritto di recesso, l’utente deve informare Xodo Store della sua decisione di recedere, prima della scadenza del Termine di Recesso.
9.3 To exercise the right of withdrawal, the user must send an e-mail to the e-mail address commerciale@xodostore.com with an explicit declaration of his/her decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is the responsibility of the user to keep a copy of the letter sent to Xodo Store with the Declaration of Withdrawal.
9.4 To return the product, the user may use a carrier of his/her choice with return costs to be borne by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article, must return the product to the Xodo Store, using a carrier of his/her choice and at his/her own expense, without undue delay and in any event within 14 days from the date on which you notify Xodo Store of your decision to withdraw.
The deadline is met if the user sends the product back before the expiry of the fourteen-day period.
The product, suitably protected and packaged, must be shipped to the following address:
XODO STORE S.A.S. DI XODO FEDERICO & C.
VIA PIAVE N. 28, 35028 PIOVE DI SACCO (PD)
Tel. +39 049 9708670, Hours: 9:00-12:00 14:00-18:00
The direct costs of returning the product to the Xodo Store are the responsibility of the user. The return of the product to the Xodo Store is the responsibility of the user.
If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.
9.5 If you withdraw from the contract, Xodo Store will refund the total amount due paid by you for the product, without undue delay and in any event no later than 14 days from the day on which Xodo Store received the withdrawn products in the same condition in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; In any event, you will not incur any additional costs as a result of such reimbursement.
9.6 In the event of partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal will be calculated proportionally to the value of the goods subject to withdrawal.
9.7 The user is only responsible for any decrease in the value of the goods resulting from handling the product other than that necessary to recognize the product with certainty. The product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the product and intact and not tampered with, as well as free of signs of wear or dirt. The withdrawal also applies to the product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which are not stand-alone products) of the product.
9.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Xodo Store will notify the user, rejecting the withdrawal request. The product, if already received by Xodo Store, will remain at the Xodo Store at the user’s disposal for collection, which must be done at the expense and under the responsibility of the user.
9.9 In the event that the product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to such decrease in value. Xodo Store will notify the user of the circumstance and the consequent decrease in the amount of the refund, providing the user, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the product.
9.10 In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:
(i) custom-made or clearly personalised products;
(ii) sealed products that are not suitable for return for reasons of hygiene or health protection, which have been opened after delivery.
10. LEGAL GUARANTEE OF CONFORMITY
All products sold on the Site are covered by the legal guarantee of conformity provided for by art. 128-135 of the Consumer Code (Legal Guarantee). The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who are not consumers will be subject to the guarantees for defects of the thing sold, the warranty for promised and essential quality defects and the other guarantees provided for by the Civil Code with the related terms, forfeitures and limitations.
Pursuant to art. 129, 4th para. Cod. Consumer Law, a lack of conformity of the product sold does not constitute a lack of conformity of the product sold as that which results from or has been caused by the imperfect installation and/or assembly of the product sold, unless the imperfect installation and/or assembly has depended on a deficiency in the installation and/or assembly instructions.
In relation to the purchase of stoves and boilers, please note that, pursuant to art. 8 of D. M. 22 January 2008, the client is obliged to entrust the installation of heating systems to qualified companies.
11. MISCELLANEOUS
11.1 After the purchase order has been placed and the consideration has been credited, Xodo Store will issue a tax invoice, in the name of the person who executed the order and, without prejudice to the legal obligations relating to electronic invoicing, the invoice will be delivered with the delivery of the product. For the issuance of the invoice, the information provided by the user will be valid, which he declares and guarantees to be true, undertaking to hold Xodo Store harmless and indemnified from any damage, including penalties issued by the competent authorities, that may arise in the event of failure to correspond to the truth of the same.
11.2 The reproduction of all or part of the Site is prohibited; it is also forbidden to reproduce texts or photos for any use and in any form and in any case without the prior written authorization of Xodo Store.
11.3 Pursuant to articles 114 et seq. of the Consumer Code, Xodo Store is not liable for any damage suffered by the user or third parties or to property of the user or third parties due to delays in delivery or related to the use of the purchased product in all cases in which Xodo Store communicates to the user the elements suitable for identifying the manufacturer.
12. APPLICABLE LAW AND JURISDICTION – OUT-OF-COURT DISPUTE RESOLUTION
12.1 All contracts concluded between users and Xodo Store are governed by Italian law. For Italian consumer users, the competent court is the court of their residence while, for users other than consumers, including foreign ones, the competent court for all disputes is the court of Padua, with the exclusion of any other alternative court pursuant to the Code of Procedure. Civ.
This is without prejudice to the application to consumer users who do not have their residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their residence, in particular, in relation to the deadline for exercising the right of withdrawal, the deadline for returning the products, in the event of exercising this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
13. CUSTOMER SERVICE AND COMPLAINTS
13.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting customer service in the following ways:
Phone: +39 049 9708670 (Monday to Friday: 9:00-12:00 and 14:00-18:00)
E-mail: commerciale@xodostore.com
Using the Xodo Store contact form on the website
13.2 Xodo Store will respond promptly to complaints submitted within seven working days of receipt of the complaint.
