General Conditions of Sale

General Sales Conditions

This e-commerce site (hereinafter referred to as the site) is the property of Attiva spa located in via Portenari, 21/23 - 30175 - Marghera - VENICE (Italy), part number code and VAT code 03311420271 - Business Reg. Of Venice no. 0311420271 - R.E.A. n. 297716 - Social Capital Euro 500,000.00 of which Euro 493,280.00 was paid


These General Terms of Sale governing the purchase of remote products via telematics from Attiva spa and constitute an integral part thereof, are reserved for Site Users who declare that they are of age for the purposes of the Italian Law and intend to take advantage of such service (Customer / Final Consumer), and are governed by Legislative Decree no. 206 (Consumption Code). Attiva spa complies with the obligations deriving from D.Lgs. 9 April 2003 n. 70 (Implementation of Directive 2000/31 / EC on certain legal aspects of information society services in the internal market, with particular reference to e-commerce).


Selling products through the site is intended solely for the personal use of the Users, and not for the purpose of their professional activity.
For this reason, Users acknowledge that the value of their order will not exceed the sum of Euro 30,000.00 (thirty thousand / 00).

All texts, images and design deriving from the products and images of the products on the site are protected under Law 633/1941 and D. lgs. 30/2005. No permission is granted for their use even in part.

Conclusion of the contract and acceptance of the general sale conditions

Completing and submitting the Purchase Form by the Customer in the manner described below is the knowledge and acceptance of the rules governing the sale. Attiva spa undertakes to send "order confirmation" via email within 3 business days of receipt of the purchase form following the conclusion of the checkout process: the contract is to be accepted only after this time. Failure to receive the "order confirmation" within the stated deadline will result in cancellation of the order.


This excludes any Customer's right to damages or compensation, as well as any contractual or non-contractual liability for non-acceptance, even partial, of an order by Attiva spa.

By submitting your order to Attiva spa, the Customer acknowledges and declares that he has read all the information provided to him/her during the purchase procedure and accepts the full terms and conditions of delivery, payment,and shipping fees. With reference to art. 13 of Legislative Decree 70/2003, the Customer will receive by e-mail all the information necessary for the identification of the seller, which is already present in the sales contract, and the summary of the order made, as specified in point 7 following. This documentation must be retained by the Customer.


The consumer undertakes upon completion of the on-line purchase procedure, to provide for the printing and preservation of these "General Terms", provided that he does not make any changes to the same ones that he has already seen and accepted as the obligatory step in the purchase as well as the specifications of the product being purchased, in order to fully satisfy the condition of art. 52 and 53 of Legislative Decree 206/05.

The terms and conditions can be modified by Attiva SPA (partial vendor), provided they are deemed to be applicable to the sale of those published in the e-commerce area at the time of the order sent by the Customer, who is the only one responsible for the use of this area reserved to the final consumer in accordance with applicable law, in particular in the communication of incorrect, false or related data to third parties who have not given their consent, or who use the purchase for non-personal purposes.

It is harshly prohibited to the customer inserting false and/or made up and / or fantasious data in the procedure of registration necessary to their activation, as it is expressly forbidden making double registrations corrisponding to one person or inserting third parties data. Attiva Spa reserves the right to pursue any violation and abuse, in the interest of and for the protection of all its consumers.

By submitting an order the Customer acknowledges and declares that he has read all the information provided to him in the Privacy section and Attiva Spas Privacy Policy. The data recorded and collected on the site constitute full evidence of all transactions concluded between the buyer and Attiva spa. In the event of a dispute between Attiva spa and the buyer regarding a transaction executed on the site, the data recorded by Attiva spa will provide full evidence of the content and transaction.

Purchase Method

The client can purchase only items that are present in the websites catalog at the moment of the orders submission, as mentioned in the technical formative schemes. The members are free to consult the various websites pages, without any purchase obligation.

If a member wishes to insert an orders purchase, he/she will have to choose the various products of interest to his/her cart. Each added product will be indicated by means of a specific window. The members will be able to view their chosen products and modify their order by clicking on the "Shopping Cart" button located in the top right of each page, resuming the selection and purchase of the products or removing the product selection and completing the orders checkout. To sort the selected products, the members will have to click on their cart. Your order will appear on the screen.

Price

The price is indicated in EURO and includes VAT, according to the Italian law in force at the time of shipment, for Italy and European Union countries.
For non-EU countries, the same prices apply, but in this case they do not include import duties and / or taxes.
The price does not include shipping costs, which are indicated separately.Orders for non-EU countries may be subject to import duties and / or taxes, due once the product reaches the country of destination. For more information on Customs Policies in the country of destination, you must contact the relevant Office. Attiva spa is not liable for such customs duties and / or taxes and these costs are always borne by the Customer and are considered as not calculated and excluded from any amount due to it by the Customer.

Attiva spa reserves the right to change at any time the prices published on the website. The products are subject to the price indicated on the site at the time of order delivery, without any consideration of previous bids or any price changes subsequently made except for transcript errors. If there is an error in the price of an item, Attiva spa will contact the Customer as soon as possible and will be able to reconfirm the order at the correct price or cancel it. If Attiva spa is unable to contact the customer, the order will be canceled due to the error in the price item.

Delivery times.

The medium necessary time to recieve the ordered products is of almost 10 working days that begin from the orders reciept dateand compatibility with the products availableness. However, the orders are delivered within (30) days maximum that takes effect from the clients confirmation date of the order.

For EU countries the delivery times vary based on the destinations zone, starting from a minimum of 5 working days from the moment of the orders shipment.

No responsibility can be attributes to Attiva Spa for tardiness or missing shipments due to causes of force majeure or unforeseeable circumstances. 

For tailor-made or special format deliveries, Attiva spa will send you a specific communication that includes shipping costs by means of various shipping methods to help you choose the one that best suits you (Express courier, parcel insurance, etc.) . This document does not yet represent the final acceptance of Attiva Spas order. 

Deliveries

Attiva spa delivers by expressed corrier (national and international) to the address indicated by the client for the delivery. For the shipment of the merchandise the presence of the clients address indicated in the order is necessary.

The risk of loss and/or damagement of the bought products on the website become the clients the moment the product is delivered to the corrier (or transporter) for the shipment. Attiva Spa will not be responsible for any loss or breakage successively shown at this moment. The merchandise will however be covered by insurance. Attiva Spa therefore declines any responsibility in the case of loss, subtraction, or total destruction of the parcel of non assured or unsufficiently products.

At the moment of the merchandise's delivery, the client is expected to control that the number of objects delivered corresponds to the number indicated on the Transport Document; the packaging should be integrate, not damaged, or wet or altered even in the packaging materials.

In case of abnormalities, they should be reported immediatley, showing a written control for proof of the corriers delivery. Once the document is signed, the client will not be able to oppose to any controversy about the outward features of what is delivered. The Customer will keep the receipt and, if it is considered appropriate, contact Abate Zanetti Srl Customer Service at 041.2737711 during the following times: Monday to Friday from 9.00 to 13.00 and from 14.00 to 18.00 ( Excluding holidays) or by mail: info@abatezanetti.it.

Lack of such acceptance will result in Attiva Spa not being responsible. In that case Attiva Spa will not be able to deliver the ordered merchandise following its unavailableness, even temporary, it will communicate to the client by email. The already payed import by the client will be returned as soon as possible, not more than after thirty days of the orders purchase.

Payments

Attiva Spa accepts payments through PayPal, Credit Card and Bank Transfer.

Payment via PayPal:
The charge for the purchased goods will be made at the time of orders conclusion, that is, when the check-out process is completed and the corresponding confirmation email is sent by Attiva spa. By choosing PayPal as a payment method, the customer will be redirected to a PayPal webpage where he will enter his / her email address, password and proceed with the purchase. In the case of purchasing the goods by means of a "credit card through PayPal" payment method, the issuing company will only authorize the amount of the purchase made when the on-line transaction is concluded. You can make payments either by having a PayPal account or by creating a new one or even without having to create any accounts.

Financial data will not be shared with Attiva spa, but will be managed directly by PayPal.

In the event of cancellation of the order or non-acceptance by Attiva spa, the amount will be refunded via PayPal. The amount of the merchandise you paid, even partially, will be charged to the Customer's credit card upon completion of the order.

Attiva will not be able to know the relevant credit cards information, nor will it use an archive to record this data. No Attiva spa archive store will retain this information and under no circumstances will Attiva spa be liable for any fraudulent and unlawful use of credit cards by third parties upon payment of products purchased on the Site. In any event, cancellation of the order will be required at the same time by Attiva spa to cancel the obtained authorization and to release the committed amount.


In the case of cancellation of the order or non-acceptance by Attiva spa, the amount will be refunded via the Attiva Spa's Reference Bank within 7 working days from the confirmation e-mail. The time needed to view the refund on the customer's account may vary, and depends on the institution that issued the card. The amount of the merchandise you paid, even partially, will actually be charged to the Customer's credit card upon completion of the order.

Attiva will not be able to know credit card information, nor will it use an archive to record this data. No Attiva spa archive store will retain this information and under no circumstances will Attiva spa be liable for any fraudulent and unlawful use of credit cards by third parties upon payment of products purchased on the Site.In any event, cancellation of the order will be required at the same time by Attiva spa to cancel the obtained authorization and to release the committed amount.Release times depend solely on the banking system and the cards used. Once the authorization has been obtained, under no circumstances shall Attiva spa be held liable for any direct or indirect damage caused by the delay in the failure of the amount involved by the banking system.


Attiva spa reserves itself, in certain cases, the right to request additional information from the Customer or to send copies of documents demonstrating the ownership of the card used. In the event of the Customer not providing such information and / or copies, Attiva spa reserves the right not to accept the contract even though it has sent the confirmation email.

Payment by CREDIT CARD:
The charge for the purchased goods will be made at the time the order is concluded, that is, when the check-out process is completed and the corresponding confirmation email is sent by Attiva spa. By choosing credit card payment, the customer will be redirected to the secure site page SETEFI (BANCA INTESA SANPAOLO GROUP) where he will enter his / her data: the security of the inserted data is also certified by the lock icon that appears in the browser of the Customer and by the prefix "https" that will automatically appear in the address bar. Transactions occur in the "Secure Socket Layer (SSL)" environment that allows the encryption of bank data when they are transmitted over the network. At the end of the on-line transaction, the issuing company will only authorize the amount of the purchase. Credit card details will not be shared with Attiva spa but will be managed directly by SETEFI (Gruppo Banca Intesa Sanpaolo).

In the event of cancellation of the order or non-acceptance by Attiva spa, the amount will be refunded via the Attiva Spa's Reference Bank within 7 working days from the confirmation e-mail. The time needed to view the refund on the customer's account may vary, and depends on the institution that issued the card. The amount of the merchandise you paid, even partially, will actually be charged to the Customer's credit card upon completion of the order.

Attiva will not be able to know credit card information, nor will it use an archive to record this data. No Attiva spa archive store will retain this information and under no circumstances will Attiva spa be liable for any fraudulent and unlawful use of credit cards by third parties upon payment of products purchased on the Site.In any event, cancellation of the order will be required at the same time by Attiva spa to cancel the obtained authorization and to release the committed amount.


Release times depend solely on the banking system and the cards used. Once the authorization has been obtained, under no circumstances will Attiva spa be liable for any direct or indirect damages caused by the delay in the non-withdrawal of the amount committed by the banking system.

Attiva spa reserves, in special cases, the right to request additional information from the Customer or to send copies of documents demonstrating the ownership of the card used. In the event Customer does not provide such information and / or copies, Attiva spa reserves the right not to accept the contract even though it has sent the confirmation email.


Payment by BANK TRANSFER:
Payment by early bank transfer means that the order will be handled only after receiving the confirmation of the bank's accreditation.
The transfer should be made to: ATTIVA SPA via Portenari, 21/23 - 30175 - Marghera - VENICE
IBAN: IT10 K0634502063120802260018 - BIC - SWIFT: IBSPIT2V
Payment must be made within 7 days of the order date. Passing this deadline will automatically cancel this order.
The cause of the bank transfer must necessarily be the following: order number (reported on the mail received at the end of the purchase procedure), date order, name and last name of the customer.
The availability of the products is subject to the date of the accreditation.


Product Information


The products that Attiva spa sell are those on the Site, and on the date on which the Users consult the Site, within the limits of their availability. The term "available" at the time of the product displayed is purely indicative given the possibility of multiple purchases at the same time by multiple Users. For this reason, Attiva spa reserves the right, once the order is received, to check the availability of the goods and, failing that, to notify promptly of the acceptance of the order sent even if a confirmation email has already been sent; In this case Attiva spa will proceed to the refund of the accredited amount.

Illustrative photographs of products are not part of this contractual scope; Therefore Attiva spa can not be held responsible for any errors and / or differences. As a result, Attiva spa can not be held liable for errors and / or inaccuracies in the graphic and photographic reproduction of the products on its site, as:
- there are possible differences in product representation due to the resolution and type of computer screen of the customer;
- each product is a craftsmanship and as such a unique piece, so each product can make non-substantial variations in shape, size, color compared to video.
Receiving the order and its confirmation
The correct receipt of the order will be confirmed by Attiva spa via email reply, sent to the email address communicated by the Customer on the order.
The order confirmation receipt email will includes: identification number, date and time of order execution, indication of purchased products, the relative price, delivery costs the Customer's data for billing and for the delivery and payment method chosen by the Customer. The Customer must immediately check the contents of the communication and immediately report to Attiva Spa any errors or omissions by contacting the Abate Zanetti Srl Customer Service at 041.2737711 at the following times: Monday to Friday from 9.00 to 13.00 and from 14.00, 00 to 18.00 (excluding holidays) or by mail: info@abatezanetti.it.

Withdrawal Right .

The right of withdrawal is subject to the following conditions (Article 67 of the Consumption Code): the Private Client (non-owner of VAT Party) may, subject to applicable law, exercise the right of withdrawal. In order to exercise this right, the client must send to Attiva spa a notice by mail at azsales@attiva.it within 10 working days from the date of delivery of the goods by indicating the "RESO" statement on the subject of the mail. This communication must include the order number in the confirmation email and on the accompanying invoice of the goods. The Customer will only be charged for shipping the product to the sender. All products must be returned intact (no signs of wear, abrasions, scratches, scratches, deformations etc.) complete with all their accessories and accessories, as per the product's inadmissibility. The goods will have to be returned with a package insured in Porto Franco; No parcel shipped on the mark or assigned port will be withdrawn by Attiva spa. Attiva Spa also does not offer refunds or returns on any custom product based on Customer's requests. Returns will be accepted within 3 working days from the delivery date of the parcel to our warehouse. After accepting and verifying the integrity and status of the product made (which must be provided with the tag and the seal if applicable) Attiva spa will require its bank to repay and at the same time a confirmation email will be sent. If the payment was made by credit card, the Attiva Spa reference bank will make a refund within 7 business days after Attiva spa has received the return. The time it takes to view the refund depends on the institution that issued the card. Payments made via PayPal normally make refund visible within 24 hours of attending Spa's receipt.

Guarantees.

All products sold by Attiva spa are covered by the legal warranty for defects of conformity, as per articles 128-135 D. Lgs. 206/2005, to be reported within 10 days of discovery. In order to benefit from warranty service, Customer will have to keep the documentation that will be received upon delivery of the goods.
No defects in product conformity are considered as non-substantial variations in form, size, color, inevitable and typical of glass processing and are characterized by craftsmanship.

Complaints.

Any customer complaints must be made by contacting Abate Zanetti Srl at 041.2737711 at the following times: Monday to Friday from 9.00 to 13.00 and from 14.00 to 18.00 (excluding holidays) or by mail: info @ abatezanetti.it.

Attiva spa will also not be liable for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract, since the purchaser is entitled only to the full refund of the price paid and any additional charges incurred.

Liability Limitations.

Attiva Spa can not be held liable for any misuse, or abuse of the products sold.
Attiva spa is not responsible for the work of third parties acting as independent auxiliaries in the management or execution of payment transactions, delivery of goods and any other operation connected with the execution of contracts concluded through the website.
Attiva spa is not responsible for any fraudulent and illegal use that can be made by third parties, credit cards and other means of payment upon payment of purchased products. Ativa Spa at no time during the purchase procedure is able to know the buyer's credit card number which, through a secure connection, is sent directly to the bank's manager.


Major Force

Neither party will be liable for the total or partial failure or for the delay in the performance of its obligations under this contract that are caused by an event that can not be prevented (force majeure).
Force majeure events may include, as a mere example, wars, riots, insurrections, serious security disruption to the Internet, technical failure, unauthorized access and / or intrusion into web site servers, strikes of any form, telematic failures or phone.
If a party assumes an event of force majeure, it must inform the other party within 5 working days of the occurrence of the occurrence or the risk of such occurrence.
The parties agree to meet in order to jointly determine the terms and conditions for compiling the orders during the occurrence of an event of force majeure.
After a (1) month of interruption due to an event of force majeure, Attiva spa may choose to cancel the orders and, where appropriate, to repay the Customer.

Applicable Law and Competent Forum.

The sales contract between the Customer and Attiva spa is governed by Italian law. For civil disputes concerning sales contracts between the customer (as a private consumer) and Attiva spa concluded through the site, territorial jurisdiction is indisputably the judge of the place of residence or domicile of the Customer, where he is located in Italy. In all other cases, territorial competence is indisputably the Venice Forum.


Closing Norms

Attiva Spa may change these General Sales Conditions at any time. If any of the above points of these Terms is invalid or applicable, the other points of the Terms will continue to be of full value.

These General Sales Terms constitute the entire agreement between the parties and supersede all previous and contemporaneous agreements between customers and Attiva spa.

Any changes to the terms of the General Sales Conditions will only be effective if notified in writing by Attiva spa and agreed in writing with the company.