Toni d'Autunno: RISCATTA SUBITO 5€ DI SCONTO! CLICCA QUI

Skip to main content

Terms of sales

GENERAL CONDITIONS FOR THE OFFER AND SALE OF PRODUCTS ON THE WEBSITE “ELEMENTO-ITALY.COM”

Elemento Italy is a website managed by NDigital – P-IVA 02369530460

  1. PREMISES

The offer and sale of products on the website www.elemento-italy.com (“Site”) are governed by these contractual conditions of sale (“General Conditions of Sale”). The products (with the relative prices) – as indicated on the Website – constitute an offer to the public in accordance with the procedures specified both in these General Conditions of Sale and on the Website. These General Conditions apply only to purchases made on the Site by buyers who qualify as “consumers” in accordance with the consumer code. The Buyer is required to read carefully (i) these General Conditions of Sale, made available by Element, on the Site in order to allow its storage and reproduction, as well as (i) all other information on the Site, both before and during the purchase procedure. The subjects are not in the category of cd. “Consumers” are invited to contact Customer Service Element in order to proceed with any purchases. The Company reserves the right not to process any purchase order placed through the Site if the applicant is not a consumer. The products purchased on the site are sold directly by Elemento Italy.

Please note that the images of the products on the website may differ in color from the actual product, depending on the screen on which they are displayed.

  1. DEFINITIONS

Buyer: indicates the consumer pursuant to art. 3 of the Consumer Code Element or Company: indicates Element .  Consumer Code: indicates the d.lgs. 206/2005 Privacy Code: indicates the d.lgs. 196/2003 General conditions of sale: indicates the present contractual conditions that regulate the offer and sale on the site, by Elemento , of products and services Decreto sul Commercio Elettronico: indica il d.lgs. 70/2003 Parties: indica, congiuntamente, Elemento e l’Acquirente Sito: indica il sito internet www.elemento-italy.com

  1. PURCHASES

The purchase of products on the Site is only allowed to those who have reached the age of 18. To proceed with the purchase of products on the Site, the Buyer (even if not registered and therefore in “guest” mode) must follow the instructions indicated on the Site and specifically:

  • fill in the relevant “order form” electronically, by entering:i prodotti oggetto di acquisto, individuati sul Sito, nella cd. “shopping bag”;
    • the Buyer’s personal data (if in “guest” mode);
    • the place of delivery (including the house number);
    • the payment and dispatch arrangements;
  • take a look at the General Conditions of Sale (including, in particular, conditions, terms and procedures for the possible exercise of the right of withdrawal) and the privacy policy on the Site;
  • send the “order form” to the Company.

Registration on the Site allows the Buyer to manage purchases more easily and quickly and in particular:

  • consult the status of your order and check the history of orders placed;
  • follow the tracking of the shipment;
  • manage your delivery addresses;
  • manage the information relating to your personal profile;
  • change the status of your subscription to the newsletter for the purposes of communications of a commercial nature.

In the “order form”, displayed before sending (and, therefore, before the conclusion of the contract), is provided a summary of the essential characteristics of each product ordered, detailed indication of the price (including all applicable taxes or duties), the method of payment chosen and any relative cost, the method of delivery chosen and any related cost, the place of shipment and the estimated timing for delivery. The information provided in the “order form” is an integral and substantial part of these General Conditions of Sale and, therefore, are considered fully known and accepted by the Buyer at the time of transmission of the “order form”. The sending of the “order form” implies the viewing and acceptance of the General Conditions of Sale and, more generally, the information contained in the “order form” itself, in addition to the disclosure of the privacy policy. The purchase (and, therefore, the underlying contract) is concluded at the time of receipt of the “order form” by the Company which, as proof of the purchase, proceeds to send to the Buyer, at the e-mail address communicated by the same, a “order confirmation” (with the indication of the “order number”) summarizing the products purchased, their prices, the method of payment chosen and the relative cost, the method of delivery chosen and the possible cost, the place of dispatch and the estimated timing of delivery. The modification of an order cannot be made autonomously; the Buyer contacts without delay – and in any case within (and no later than) 60 minutes from the time of transmission of the “order form” The Company reserves the right not to execute purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of products. An ulterior case of interruption of the order can be the accidental lack of entire supplyes in the warehouse of the activity. In these cases, Element shall promptly inform – and in any case within 72 hours of receipt of the “order form” – the Buyer that the Company has not acted on the purchase order specifying the reasons. In such cases, the contract will be deemed terminated between the parties and, in case of payment already made, the Company will refund the amount paid.

  1. PAYMENTS

Payment is made when the “order form” is sent to the Company. For the payment of the price of the products and the related shipping and delivery costs, the Buyer is required to indicate in the “order form” one of the many methods proposed. This choice will also be highlighted in the “order confirmation”. The information provided for this purpose (for example, the credit/debit card number or the date of its expiry) will be forwarded, where appropriate, via encrypted protocol, to the bank providing the Company with electronic payment services at a distance, without third parties having access to it in any way. This information, moreover, will never be used by the Company except to (i) complete the procedures related to the purchase; (ii) issue the relevant (possible) refunds; (iii) prevent or report to the police the commission of fraud on the Site.

Accepted Payments:

  1. SHIPMENT AND DELIVERY OF PRODUCTS

The Company carries out the shipment and delivery, only in the Italian territory, by specialized carriers specifically appointed by Elemento . The Buyer is required to indicate in the “order form”, among the possibilities proposed, the chosen method and the shipping and delivery information of the products. This choice will also be highlighted in the “order confirmation”. The delivery of the order is intended to the street plan. The information provided for this purpose (including, for example, the delivery address) will be used only to execute the contract. All shipments are tracked and, therefore, the Buyer can autonomously monitor the fulfillment of the order by connecting to the appropriate link on the Site, if registered, or in the email, if the purchase was made in “guest” mode. At the time of delivery, the presence of the Buyer or a person of trust is required to check that the packaging is intact and clean and that the products received correspond to the order placed. In case of visible defects, such as incorrect quantities and/or incorrect product and non-integrity of packaging, Element requires the Buyer (or the person in charge of his trust) to report these anomalies on the transport document and to contact Customer Service Element without delay. Without prejudice to the presumed indication of the delivery timing in consideration of the shipping method chosen (shown both in the “order form” and in the “order confirmation”), the products purchased on the Site will, in any case, be delivered within 30 (thirty) days from the conclusion of the contract.

  1. RIGHT OF WITHDRAWAL AND REFUND

The Buyer has the right to withdraw from the contract concluded with Elemento , without any penalty and without specifying the reason, within fourteen (14) days from the day of receipt (by the Buyer or his trusted representative) of the products purchased on the Site. To withdraw from the contract, the Buyer may:

  • use the information on the returns page (available on the Site), to be completed and transmitted directly by email (in which case the Company will send the Purchaser confirmation on the email provided by the same that the request for withdrawal has been received); or
  • draw up and send to the Company another explicit declaration of the decision to withdraw from the contract (in this case, the burden of proving the correct and timely exercise of the right of withdrawal will be on the Buyer).

Once the withdrawal from the contract has been exercised, the Buyer must return to the Company – at its own expense – the products previously purchased, delivering them to the courier for shipment within fourteen (14) days from the time the Buyer has notified the Company of its decision to withdraw from the contract. The deadline is met if the Buyer ships the purchased products before the expiration of the 14-day period. The Buyer is responsible for

  • the decrease in value of the products resulting from a manipulation of the same different from that necessary to establish the nature, characteristics and operation. The products may be checked but must not be used, washed or damaged, must, therefore, be kept with normal diligence and returned intact, perfectly suitable for their intended use and free of any sign of wear or dirt, complete in all their parts, accompanied by all accessories and instruction sheets, with identification tags, labels and disposable seals, if any, still attached to the products and intact and not tampered with. The products sold on the Site are original and are shipped in their authentic packaging; when returning products must be returned as received, in their original packaging, and including any accessories and / or elements that are an integral part (eg identification tag with disposable seal);
  • for the loss or damage of products returned during transport.

If the right of withdrawal is exercised in accordance with the above conditions, Elemento – once received the products and carried out (within the terms mentioned above), with positive results, the checks on them – will refund any amounts already received for the purchase of products. In the event that the products for which the withdrawal has been exercised have undergone a decrease in value resulting from a manipulation of the same different from that necessary to establish the nature, characteristics and operation, the amount of reimbursement will be reduced by an amount equal to this decrease in value. Elemento will notify the Purchaser of this circumstance and the consequent reduction in the refund amount by e-mail within 5 working days of receipt of the products, and will subsequently proceed with a partial refund or, if the refund has already been paid in full, will provide the Purchaser with the bank details for payment of the amount owed by the Purchaser to Elemento due to the reduction in the value of the returned products. As an alternative to a partial refund, the Buyer has the option of (re)obtaining the products in the condition in which they were returned to Elemento. In this case, the right of withdrawal is considered as not exercised and the products will remain at Elemento at the Buyer’s disposal for collection, which must be done at the expense and under the responsibility of the Buyer. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable laws and regulations and, in particular, in addition to the failure to comply with the above terms, in the event that the products are not intact in every part and/or accompanied by their accessories and/or elements that are an integral part of them (e.g. identification tag, disposable seal, etc.) or, in any case, are used, said withdrawal shall not result in the termination of the contract and, consequently, shall not entitle the Purchaser to a refund of the amount paid for the Product. Elemento will notify the Purchaser – via e-mail – within 5 working days of receipt of the products, rejecting the request for withdrawal. If the Products have already been received by Elemento, they will remain at its disposal for collection by the Buyer at the Buyer’s expense and responsibility. Elemento will make the reimbursement using the same means of payment used by the Buyer to purchase the returned products, unless otherwise agreed between the Parties. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be made, in any case, to the person who made the payment.

  1. WARRANTY

The Purchaser has the right to make use of the legal guarantee provided for by the Consumer Code, articles 128-135, for a period of 2 years from the date of delivery, for so-called conformity defects. This guarantee provides, among other things, that the buyer, under penalty of forfeiture, must report to Elemento any lack of conformity found in the product purchased within 2 (two) months of discovery. There is a conformity defect when the product purchased:

  • Is not suitable for the use for which goods of the same type are customarily used;
  • does not conform to the description made by and does not possess the qualities of the good which the Company has presented to the Buyer as a sample or model;
  • does not have the usual qualities and performance of a product of the same type, which the Buyer may reasonably expect, taking into account the nature of the product and, where applicable, public statements made;
  • is not suitable for the particular use intended by the Buyer and which has been brought to the knowledge of the Buyer at the time of the conclusion of the contract and which the Company has accepted.

Therefore, any damage or malfunction caused by accidental events or by the responsibility of the Buyer (for example, washing that does not comply with the instructions given by Elemento on the product label) or by use of the product that does not comply with its intended use and/or with the technical documentation, if any, attached to the product or in any case in the public domain, are excluded from the scope of the warranty. Following such a complaint, the Buyer shall have the right to request the repair or replacement of the product, without prejudice to other rights provided by the Consumer Code.

  1. CUSTOMER SERVICE AND COMPLAINTS

For any information – also for the purpose of sending communications, requesting assistance, filing complaints – the Buyer may:

  • write an e-mail to info@elemento-italy.com
  • contact Customer Service using the methods indicated on the Site in the CONTACT US section;
  1. PRIVACY

The Purchaser’s data are processed by Elemento in accordance with the provisions of the law on the protection of personal data, as specified in the information provided on the site in the Privacy Policy section, also taking into account the provisions of articles 8 and 9 of the Decree on Electronic Commerce.

  1. APPLICABLE LAW

The General Conditions of Sale are governed by Italian law and, in particular, by the Consumer Code and the Decree on Electronic Commerce.

  1. EDIT AND UPDATE

The General Terms and Conditions of Sale may also be modified in consideration of possible regulatory changes. The new General Conditions of Sale shall be effective as of the date of publication on the Site. In any case, the General Conditions of Sale published on the Site at the time of sending the “order form” shall apply to individual purchases.

Black Friday: per te subito 5€ di sconto!