General conditions of sale
Art. 1 – General provisions
- The user browsing in this area accesses Chimborazo Srl, accessible through the url: www.chimborazomilano.com (hereinafter called “Chimborazo”). Navigation and transmission of a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein.
- These General Sales Conditions apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by:
Company: Chimborazo Srl
Address: Via Fabio Filzi 2, 20124 Milano
VAT number: 09829450965
- The user is required, before accessing the products provided by the site, to read these General Conditions of Sale that are generally and unequivocally accepted at the time of purchase.
- The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which Chimborazo reserves the right to modify unilaterally and without notice.
Art. 2 – Object
These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on Chimborazo and do not govern, however, the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
Before placing orders and purchasing products and services from different parties, we suggest that you check their conditions of sale.
Art. 3 – Conclusion of the contract
- To conclude the purchase contract, you will need to fill out the form in electronic format and send it following the instructions.
- It contains a reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the method of delivery of products purchased and the related costs of shipping and delivery, a reference to the conditions for exercising the right of withdrawal, methods and times of return of products purchased.
- Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
- The contract is concluded when the seller receives the form filled in by the user, after verifying the accuracy of the data contained therein.
- The buyer will be obliged to pay the price as soon as the procedure for placing the order online has been completed. This will be done by clicking on the button “CONCLUDE ORDER (or similar)” at the end of the wizard.
- Once the contract is concluded, the seller takes charge of the order for its execution.
Art. 4 – Registered users
- In completing the registration procedures, the user agrees to follow the instructions on the site and to provide their personal data in a correct and truthful manner.
- Once you have registered, you will receive a confirmation email in the email account you provide. The confirmation must be communicated within 14 days. After this period, in the absence of confirmation, Chimborazo will be released from any obligation to the user.
- The confirmation will, in any case, free Chimborazo of any responsibility for the data provided by the user. The user undertakes to inform Chimborazo in good time of any change in his data at any time communicated.
- If the user then communicates incorrect or incomplete data or even if there is a dispute by the parties concerned about the payments made, Chimborazo reserves the right not to activate or to suspend the service until the relevant failures are remedied.
- When the user first requests the activation of a profile, Chimborazo will assign the same user name and password. The latter acknowledges that such identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will be binding on him.
- The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
Art. 5 – Availability of products
- The availability of products refers to the actual availability at the time the buyer places the order. This availability must however be considered purely indicative because, as a result of the simultaneous presence on the site of multiple users, the products may be sold to other customers before confirming the order.
- Even after sending the e-mail confirming the order, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
- If the buyer requests cancellation of the order, by terminating the contract, Chimborazo will refund the amount paid within 30 days from the time when Chimborazo became aware of the decision of the buyer to terminate the contract.
Art. 6 – Products offered
The offer is detailed on our website at: www.chimborazomilano.com
Art. 7 – Modalità di pagamento e prezzi
- The price of the products will be as indicated from time to time on the site, unless there is a manifest error.
- In case of error Chimborazo will inform the buyer as soon as possible allowing the confirmation of the order at the right amount or cancellation. In any case, Chimborazo will not be obliged to supply the goods sold at the lower price incorrectly indicated.
- The prices of the site are inclusive of VAT and include shipping costs. Prices may be subject to change at any time. The changes do not concern orders for which an order confirmation has already been sent.
- Once you have selected the desired products, they will be added to your cart. Simply follow the instructions for purchase, entering or verifying the information required in each step of the process. Order details may be changed before payment.
- Payment can be made by:
Credit cards (Visa, Mastercard, American Express). Prepaid cards belonging to the Mastercard and Visa circuits. Paypal.
Art. 8 – Delivery
- Chimborazo ships all over Italy, including the Vatican City State and the Republic of San Marino.
- Chimborazo will only make deliveries to the user’s home, provided at the time of purchase.
- For the Italian territory, delivery is generally made within 2-4 days, or, if no delivery date is specified, within the estimated term at the time of selection of the delivery method and, in any case, within a maximum of thirty days from the date of confirmation.
- As far as the countries of the European Union are concerned, the delivery will be made in 3-5 days, and in any case, within the maximum term of thirty days.
- In non-EU countries, delivery will take approximately 10-14 days.
- If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify where the order is located and how to agree on a new delivery.
- If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date.
- If delivery cannot take place for reasons for which we are not responsible thirty days after the date on which the order is available for delivery, we shall assume that the contract is to be terminated.
- As a result of termination, the amounts will be refunded, including delivery costs, excluding any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 28 days from the date of termination of the contract. Transport resulting from the termination of the contract may have additional costs which will be borne by the buyer.
- Shipping costs are to be borne by the buyer and are explicitly highlighted at the time of placing the order.
Art. 9 – Acceptance of risk
The risks relating to the products shall be borne by the purchaser from the time of delivery. Ownership of the products is deemed to have been acquired upon receipt of full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this occurs at a later date.
Art. 10 – Warranty and commercial conformity
- The seller is responsible for any defect in the products offered on the site, including the non-conformity of the articles with the products ordered, in accordance with the provisions of Italian law.
- If the buyer has entered into the contract as a consumer or any natural person acting on the site for purposes other than business or professional activity, this warranty is valid on condition that the defect occurs within 24 months from the date of delivery of the products, that the buyer makes a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter, that the online return form is completed correctly.
- In the event of non-conformity, the buyer who entered into the contract as a consumer will be entitled to obtain the restoration of conformity of the products at no cost, by repair or replacement, or to obtain an appropriate reduction in price or termination of the contract for the disputed goods and the consequent refund of the price.
Art. 11 – Withdrawal
- In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
- In the case of multiple purchases made by the buyer with a single order and delivered separately, the period of 30 days starts from the date of receipt of the last product.
- The user who intends to exercise the right of withdrawal of the purchase can send an email, indicating the order number and name of the user, to:
- The purchaser shall also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.
- The goods must be returned to:
Chimborazo Srl, Via Oreste Salomone 67/E, 20128 Milan
- The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of products subject to withdrawal within a maximum of 7 days, including any shipping costs.
- The right of withdrawal will not apply if the services and products of Chimborazo are included in the categories of art. 59 of Legislative Decree 206/2005.
- The site will make the refund using the same means of payment chosen by the buyer at the time of purchase.
Art. 12 – Data processing
Art. 13 – Contacts
Any request for information can be sent by e-mail to the following address [email protected], by telephone to the following telephone number: 02 36752862, and by post to the following address:
Via Oreste Salomone 67/E
Art. 14 – Applicable law and jurisdiction
- These General Terms and Conditions of Sale are governed by and construed in accordance with Italian law, without prejudice to any other mandatory rule prevailing in the country of the purchaser’s habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
- Any disputes concerning and/or resulting from the same shall be resolved exclusively by the Italian judicial authority. In particular, if the buyer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same in accordance with applicable law. These conditions were drawn up on: February 15, 2009.