General conditions of sales

These general conditions of sale (hereinafter the "General Conditions of Sale") govern the sale between CALIVEN SRL, with registered office in Creazzo (VI), Italy, C.F. and VAT number 04105970240 and registration number in the Business Register at the Chamber of Commerce, Industry, Crafts and Agriculture of Vicenza under REA number CCIAA VI-379399, share capital of Euro 25,000 fully paid

AND

the purchaser of the products and/or services (hereinafter jointly referred to as the "Goods") marketed by the Seller through the website www.caliven.it

If the Purchaser is interested in purchasing, he is invited to carefully read these General Conditions of Sale before purchasing the Goods on the Site. By purchasing the Goods through the Site, the Purchaser declares to have read and expressly approves these General Conditions of Sales.

The description of the Goods is shown in the technical sheet relating to each Good published by the Seller on the dedicated pages of the Site. It is recommended that you print and keep a copy of these General Conditions of Sale and/or save this electronic file on a durable medium for each future need. The Seller may make use of subcontractors for the execution of the transport and/or installation service of the Goods object of the order ("Subcontractors").

1. Conclusion of the contract

By entering the purchase order on the Site, the Purchaser declares and guarantees that he is of legal age and has full capacity to act in relation to the stipulation and execution of sales contracts concerning the Goods. By sending the purchase order, the Purchaser acknowledges having read, understood and accepted all of the present General conditions of Sale.

The acceptance of the purchase order by the Seller, which presupposes the successful conclusion of the transaction payment of the price, will take place by sending the Purchaser an order confirmation message to the e-mail address that the Purchaser must indicate during the purchase procedure on the Site, it being understood that the aforementioned means of communication has been expressly accepted by the Purchaser for the exchange of relevant information and for the purpose of concluding and executing the sales contract. The use of the Site by the Purchaser for the purpose of concluding the sales contract does not involve additional costs.

2. Transportation, delivery and installation

The SELLER can accept orders for delivery both in Italy and abroad.

The prices for the purchase of the Goods for sale are inclusive of VAT (with the ordinary rate in effect at time of purchase) as well as transport costs which are intended only for deliveries to be made in the territory of the Italian Republic. In case of deliveries to be made in extra-urban and/or not easily accessible areas, the transport costs will always be charged to the Buyer and will be estimated on a case-by-case basis. They will be able to benefit from the reduced VAT rate of 4% or from the VAT non-taxability regime, pursuant to art. 72 of Presidential Decree 633/72, only those who have produced suitable documentation proving their right.

In any case, the sale must be considered subject to prior verification by the Seller of the documentation produced. Under no circumstances will anyone intending to purchase the products offered for sale for the purpose of subsequent resale be able to make purchases.

The requested products are delivered as quickly as possible, normally within 3-10 working days. The Seller undertakes to respect, as the maximum delivery time, a period not exceeding 30 calendar days, except in cases of force majeure.

The maximum delivery time is calculated starting from the day on which the Contract was concluded. In the event of a delay of more than 30 calendar days, the Purchaser will be contacted to be informed of the expected delivery date.

The delivery of the products takes place from Monday to Friday during normal working hours (9 -13 and 14- 18) without telephone notice, which is why it is advisable to indicate a destination address where there is always someone ready to receive the shipment. If it is not possible to complete the delivery due to the recipient's absence, the courier will contact the Buyer within the following 5 days at any telephone numbers indicated during the purchase procedure on the Site.

The courier may agree with the Buyer for a second delivery or for the collection of the goods at the same headquarters of the courier. In case of impossibility of delivery, the order will be automatically cancelled: in this case the SELLER will refund the sum received as payment on the same credit card used, or on the same current account - or by bank transfer to the indicated IBAN - net of the costs of attempted and unsuccessful shipping. Delivery is made at street level, with the exception of Goods for which it is expressly provided for and indicated that the delivery takes place on the floor. Upon delivery of the goods by the courier, the Purchaser is required to check: - that the number of packages delivered corresponds to what is indicated in the document signed by the courier as proof of delivery; - that the packaging is intact, not damaged, wet or otherwise altered, even in the materials closure (adhesive tape or metal strapping).

Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately notified, placing a WRITTEN REASONED RESERVE on the courier's proof of delivery. Once the courier's document has been signed, the Purchaser will not be able to make any objection regarding the external characteristics of what was delivered.

Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 8 calendar days of delivery: - by calling the dedicated customer service on 0444.340233 active from Monday to Friday from 2pm to 17.30 - writing to: sales@caliven.it Where necessary for the management of the replacement, photos of the packaging (all 6 sides of the packaging) and of the product will also be requested from the Purchaser; they too must be received within 8 calendar days of the effective delivery of the product. Only if the declaration and notification are forwarded complete and in any case no later than 8 calendar days from delivery, will the SELLER proceed with the processing of the new order.

3. Availability of the Goods

The availability of the products for sale is limited to the availability of the products themselves and is a condition for the validity of the offers.

In the event of exhaustion - even temporarily - of stocks, the Seller has the right to refuse the Purchaser's purchase request by formal communication by telephone, e-mail or by ordinary mail to the address of residence indicated, in which they may also be indicated substitute products that may be available.

Except in the case in which the Customer requests to purchase a product to replace the out-of-stock one, the Seller will refund any sums already paid by the Purchaser within a maximum of 14 calendar days from the date on which the order was sent.

4. Right of withdrawal

Within 14 (fourteen) calendar days from the date of delivery of the Asset, the Purchaser who holds the status of consumer or user pursuant to and by effect of art. 3, co. 1, lit. a) of the Consumer Code may withdraw from the purchase contract without any penalty and without specifying the reason.

The withdrawal period ends after 14 (fourteen) calendar days from the day on which the Purchaser, or a third party designated by him (other than the carrier), acquires physical possession of the Good or from the date of conclusion of the contract if the Good is represented from services.

The right of withdrawal can only be exercised by Buyers who hold the position of consumer pursuant to the relevant legislation, i.e. by natural persons who have purchased the Goods for their own use and for purposes not related to their professional activity.

To exercise the right of withdrawal, the Buyer is required to inform the Seller of the decision to withdraw from the sales contract by means of a declaration.

To this end, the Purchaser can use the standard form withdrawal by making an explicit request to the email address SALES@CALIVEN.IT

To comply with the withdrawal deadline, it is sufficient for the Purchaser to send the aforementioned relative communication to exercise the right of withdrawal before the withdrawal period has expired. In case of exercise of the right of withdrawal, the Purchaser will be refunded the payment made in favor of the Seller for the purchase of the Goods which in any case will be suspended until receipt of the Goods or until the Purchaser demonstrates that he has sent the Assets, if earlier.

The Buyer is required to return the Goods and return them to the Seller at the following address CALIVEN SRL, via De Gasperi – 54, Creazzo (VI) without undue delay and in any case within 14 (fourteen) days from the day on which he communicated his withdrawal from the contract.

The term is respected if the Purchaser sends back the Goods before the expiry of the period of 14 (fourteen) days.

The direct cost of returning the Goods will be borne by the Buyer, however if the Goods by their nature cannot be returned by post, the Seller will collect the Goods at its own expense.

The right of withdrawal is in any case subject to the following conditions:

  • the right of withdrawal applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g.: components, accessories, etc...);
  • the purchased good must be intact and returned in the original packaging, complete in all its parts parts (including packaging and any documentation and accessory equipment: manuals, etc...); - the shipment, until the certificate of receipt at the Seller's headquarters, is under complete responsibility of the Buyer;
  • in case of damage to the goods during transport, the Seller will notify the Customer of the incident (within 5 working days of receipt of the goods in their warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain a refund of the value of the asset (if insured); in this case, the product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal;
  • the Seller is not liable in any way for damage or theft/loss of returned products with uninsured shipments.

Without prejudice to any repair costs for ascertained damage to the original packaging, the Seller will reimburse the Purchaser for the amount already paid, within 14 calendar days of the return of the goods, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and on condition that he does not incur any costs which consequence of the refund.

The right of withdrawal is lost for lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains:

  • the lack of the external packaging and/or the original internal packaging or the opening of the seal;
  • the absence of integral elements of the product (accessories, components, manuals, ...);
  • damage to the product for reasons other than its transport.

In the event of forfeiture of the right of withdrawal, the Seller will provide for the relative communication by means of registered letter with return receipt: the product will remain at the Buyer's disposal for a period of 30 calendar days from the date the registered letter is sent.

After this term, the Seller undertakes to return the product to the Customer by courier.

Shipping costs and the price of the product, if already reimbursed, will be charged to the Customer.

The right of withdrawal is also expressly excluded in relation to:

  1. the service contracts after the complete performance of the service if the performance started with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;
  2. the supply of goods or services whose price is linked to fluctuations in the financial market which the professional is unable to control and which may occur during the withdrawal period;
  3. the supply of made-to-measure or clearly personalized goods;
  4.  the supply of goods liable to deteriorate or expire rapidly;
  5. the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery;
  6. the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
  7. the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the trader;
  8. contracts in which the consumer has specifically requested a visit by the trader for the purpose carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the trader provides services other than those specifically requested by the consumer or goods other than parts spare parts needed to carry out maintenance or repairs, the right of withdrawal applies to such additional goods service;
  9. the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
  10. the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
  11. contracts concluded at a public auction;
  12. the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific execution date or period;
  13. the supply of digital content through a non-material support if the execution started with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.

5. Warranties

All products sold by the Seller are covered by the manufacturer's standard guarantee and by the 24-month guarantee for lack of conformity, pursuant to articles 128 and following of Legislative Decree no. 206/2005.

To enjoy assistance under warranty, the Customer must keep the transport document (DDT) or the invoice if required. The manufacturer's standard warranty is provided in the manner described in the documentation included in the product packaging.

If, following intervention by an Authorized Assistance Centre, the defect is not covered by the manufacturer's standard warranty, the Customer will be charged for any costs of verification and recovery requested by the Authorized Assistance, as well as transport costs, if incurred by the Seller.

The 24-month guarantee, pursuant to articles 128 and following of Legislative Decree no. 206/2005, applies to the product which presents a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and the provisions of the attached technical documentation.

In the event of a lack of conformity, the Seller shall restore the conformity of the product by means of repair/replacement or a reduction in price, at no cost to the Purchaser, until the termination of the contract.

If, following intervention by an Authorized Assistance Center, the defect does not result in a lack of conformity pursuant to articles 128 and following Legislative Decree no. 206/2005, the Customer will be charged for any verification and recovery costs required by the Authorized Assistance, as well as transport costs if incurred by the Seller.

In the event that, for any reason, it is unable to return a product under warranty to the Purchaser (repaired or replaced), the Seller may, at its discretion, refund the entire amount paid or replace it with a quality product. equal or superior characteristics. No damages can be requested from the Seller for any delays in carrying out repairs or substitutions.

In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Purchaser in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc. .); to limit damage to the original packaging, we recommend, when possible, to place it in a second box; the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.

6. Delivery Claims

Any complaint must be addressed to CALIVEN SRL For any information you can contact:

- dedicated customer service on 0444.340233 active from Monday to Friday from 2 to 5.30 pm

- writing to: sales@caliven.it In the event of damage to the Good during delivery, the Seller will replace or repair it of the goods if, and only if, the consignee provides pursuant to articles 1511 and 1495 civil code to give communication to the Seller no later than 8 calendar days from the effective delivery of the product.

The reports must detail the damage and the conditions of the packaging. If the damage should be evident at the time of delivery, a specific reserve must be placed on the bill/proof of delivery.

The only reserve in delivery note / proof of delivery will not allow the recovery of the shipment.

Furthermore, the Purchaser must send the Seller color photographs of the 6 sides of the packaging to the email address sales@caliven.it

In case of partial delivery, empty package, or discrepancy between ordered and received, the Seller provides for the replacement of the goods if, and only if, the Purchaser notifies the Seller within and no later than 8 calendar days from the effective delivery of the product.

The declaration must be accompanied by a description of the conditions of the packaging and attach photographs a colors of the 6 sides of the packaging .

Any shortage of packages with respect to what is reported on the courier's documents must be reported by means of a specific reserve (e.g. reserve for damaged packaging, reserve for missing a package) on the delivery/transport document.

In the event that one or more packages are missing at the time of delivery, the order will be integrated if, and only if, the recipient will make a specific reserve in the delivery note and subsequent declaration within 8 calendar days accompanied by 6 color photographs of the packaging.

The only reservation in delivery note / proof of delivery will not allow the shipment recovery.

In the event that a specific reserve has not been made for obvious shortcomings (easily recognizable at the time of delivery) it will not be possible to give rise to reinstatements. In the event of loss/theft, the Seller shall return the goods if, and only if, the Purchaser provides a declaration of disavowal of the signature of the delivery note/proof of delivery (together with a copy of an identity document.

7. Processing of personal data

The data controller is I-Chen Zuffellato. The personal data provided will be processed by the owner I-Chen Zuffellato for all the obligations and information related to the offer presented.

Your data will not be disseminated and may only be known by the persons in charge and by the managers, internal and external, in charge the execution of operations instrumental to the treatments described above. You are invited to take a look of the privacy policy in the footer of the Site.

8. Governing Law

The sales contract between the Customer and the Seller is understood to be concluded in Italy and governed by Italian law.

For the solution of civil and criminal disputes deriving from the conclusion of this distance selling contract, the Court of the place where the Customer has his residence or domicile is competent.

9. Changes and Updates

These General Conditions of Sale may be modified from time to time, even in the face of changes in the reference legislation. The new General Conditions of Sale will be effective with regard to the contracts of sale of the Products entered into from the date of their publication and acceptance by the Customer. Pursuant to and by effect of Legislative Decree no. 130 of 6 August 2015, containing provisions for the implementation of directive 2013/11/EU on alternative resolution of consumer disputes, we inform you of the existence of an alternative online dispute resolution site which can be reached at the following address: https://ec.europa.eu/consumers/odr