Conditions of use

GENERAL TERMS AND CONDITIONS OF SALE

1.- Preamble.

1.1. These general terms and conditions (hereinafter, the “General Conditions”) govern the relations between Sordelli Franco S.r.l., with registered office at Via IV Novembre 17, Venegono Inferiore (Va) (hereinafter, the “Company”), and its customers qualifying as “consumers” pursuant to Legislative Decree 206 of 2005 (hereinafter, the “Customers”), in relation to the sale of all the Company’s products (hereinafter, the “Products”) purchased by the Customers through the website bysmartpeople.com (hereinafter, the “Website”).

2.- Validity of the General Conditions.

2.1. The General Conditions supplement, from a legal standpoint, the provisions contained in each order confirmation. In the event of a conflict between the provisions contained in an order confirmation and those contained in the General Conditions, the latter shall prevail, unless the parties have agreed otherwise in writing. The General Conditions applied to each order confirmation shall be effective only in relation to the individual sale of Products governed by that order confirmation.

2.2. The Company reserves the full and discretionary right to amend, supplement, and replace, in whole or in part, the provisions forming these General Conditions, as well as any future version thereof.

2.3. The purchase of Products through the Website is reserved for consumer Customers (i.e., a natural person who purchases goods for purposes unrelated to entrepreneurial or professional activity, or who does not indicate a VAT number in the order form). The contract concluded by a Customer with the Company for the purchase of Products through the Website is supplemented by Legislative Decree No. 206 of 6 September 2005 (hereinafter, the “Consumer Code”) and its subsequent amendments and integrations.

3.- Conclusion of the Contract

3.1. The contract concluded between the Company and the Customer shall be deemed concluded at the moment when the Customer who has placed a purchase order in compliance with the procedure indicated on the Website receives the corresponding order confirmation by e-mail. The Company is not liable for malfunctions attributable to the data transmission network provider.

3.2. The correct receipt of the Customer’s purchase order is confirmed by the Company by means of an e-mail sent to the address indicated by the Customer during registration or when sending the purchase order. The confirmation communication shall include: (i) the identification number of the purchase order; (ii) the date and time the purchase order was placed; (iii) the indication of the Products purchased and the corresponding price; (iv) the costs and methods of delivery; (v) the data provided by the Customer for invoicing and delivery; (vi) the payment method chosen by the Customer; (vii) a summary of the guarantees and terms for claims. The Customer must promptly verify the content of the communication and immediately notify the Company of any errors or omissions.

3.3. By submitting the purchase order to the Company, the Customer acknowledges and declares that they have read all the information provided during the purchase process and fully accept these General Conditions of Sale (through the mandatory flag before placing the order).

4.- Purchase procedure and price

4.1. The Customer may purchase only the Products listed in the catalogue published on the Website at the time the purchase order is sent, as described in the relevant technical-information sheets. A purchase order cannot be placed for Products which, although present in the Website catalogue, are indicated as unavailable. In any case, the Products on the Website are offered while supplies last, which may be communicated even after submission of the purchase order.

4.2. The image accompanying the descriptive sheet of a Product may not be perfectly representative of its characteristics, but may differ slightly in colour and size. Technical information intended to support the purchase must be understood as generic informational material.

4.3. The prices indicated on the Website are expressed in Euro and include VAT, while shipping costs will be indicated separately. In any case, the Customer will be informed of the total cost of the Product before final confirmation of the purchase order. Product prices may vary without notice.

4.4. If a Product, although indicated on the Website as available, is in fact no longer available, the Customer will be offered a refund through the same means of payment used for the purchase.

5.- Payment methods

5.1. The following payment methods are available: A) Credit card. In the case of purchases made by credit card, at the conclusion of the online transaction executed through SSL protocol, the external payment platform will authorize the hold of the amount corresponding to the purchase made. The amount relating to the ordered Products will be charged to the Customer’s credit card upon issuance of the payment receipt/invoice. In case of cancellation or ineffectiveness of the purchase order, the Company will simultaneously request the cancellation of the authorization obtained and the release of the amount held. Once the authorization has been cancelled, the Company cannot in any way be held liable for any damage caused by delays in the release of the amount held by the banking system. At no point during the purchase procedure is the Company able to access the Customer's credit card information, which is transmitted via a secure connection directly to the website of the card issuer. No computer archive of the Company retains such data. The Company cannot be held liable for fraudulent or improper use of the Customer’s credit card by third parties at the time of payment for Products purchased on the Website. B) Electronic payment via PayPal® and similar services. This payment method, where allowed, is subject to the limits indicated in the purchase procedure that the Customer must follow when submitting the order. Delivery of the Product will occur only after confirmation that the purchase price has been credited to the Company’s account. Any refunds to the Customer will always be performed by the Company through the same service used. For each transaction, a confirmation e-mail will be sent to the Customer. The Company cannot intervene in the methods and timing of charges or refunds performed by electronic payment service providers.

6.- Delivery terms and costs

6.1. The Company accepts purchase orders from any country in the world.

6.2. The transport of the Products will be carried out by the Company through third-party carriers not associated in any way with the Company, which therefore shall not be held liable for issues affecting the Products due to intentional or negligent conduct on the part of the appointed carrier.

6.3. For each order placed on the Website, it is the Customer’s responsibility, at the time of placing the order, to request an invoice if needed. For the issuance of the invoice, the information provided by the Customer at the time of the order shall apply. No changes to the invoice will be possible after issuance.

6.4. Delivery costs are borne by the Customer, in the amount indicated in the order confirmation. Deliveries of Products to a country outside the European Union may be subject to taxes and customs duties imposed by the destination country. Any taxes and customs duties are the responsibility of the Customer and must be paid in advance or to the courier upon delivery. The Company cannot know in advance whether such taxes or duties will apply, as they vary from country to country. For more information, the Customer may contact the customs authority of the destination country.

6.5. Delivery of the Products will be carried out according to the terms applied by the carrier. After receiving the notification sent by the Company regarding shipment of the purchased Products, the Customer will be able to track the shipment using the tracking number on the official website of the designated courier. Upon delivery of the goods by the courier appointed by the Company, the Customer must check: (i) that the number of parcels delivered corresponds to what is indicated on the transport document (DDT); (ii) that the packaging is intact, undamaged, not wet or otherwise altered. Any damage to the packaging and/or the Product or any discrepancy in the number of parcels or indications must be immediately contested to the courier by placing a written reservation on the delivery receipt and refusing the delivery. Once the delivery receipt is signed without reservation, the Customer may no longer raise any objection regarding the external characteristics of the delivered goods.

6.6. Without prejudice to the maximum term of thirty days from receipt of the purchase order, the delivery times indicated must be considered approximate. If the Customer is absent, a second delivery attempt or a telephone contact by the courier will be made to arrange redelivery within the following 24 hours.

6.7. If redelivery is unsuccessful, the Company will attempt to contact the Customer to resolve the cause of the failed delivery. If unsuccessful, the order will be deemed cancelled due to impossibility of delivery. The Company will notify the Customer of the cancellation by e-mail. Any amount already paid by the Customer will be refunded, deducting the costs incurred for the delivery attempts.

7.- Right of withdrawal

7.1. Pursuant to Articles 52 et seq. of the Consumer Code, the consumer Customer has the right to withdraw from the Contract without providing any reason and without incurring any penalty, except as indicated in Articles 47 and 59 and following, which specify when the right of withdrawal cannot be exercised (e.g., in the case of personalized Products or purchases below Euro 50.00).

7.2. To exercise the right of withdrawal, the Customer must send a communication to that effect, including the accounting documentation related to the purchase, to the Company’s email address indicated in these General Conditions, within fourteen days from the date of receipt of the Product for which withdrawal is being exercised. Once such communication is received, the Company will inform the Customer—via e-mail—of the address to which the Products must be returned at the Customer’s expense, and of any additional necessary information. The Customer must send the Product carefully packaged, with all accessories, in its original packaging—avoiding damage with adhesive labels or otherwise—and including everything originally contained, to the address communicated, shipping it within fourteen days from the date the Customer communicated their withdrawal from the Contract.

7.3. Upon receipt of the returned Products, the Company will verify their integrity and refund the Customer the amount paid for the Product. Pursuant to Art. 57 of the Consumer Code, the refund will occur within fourteen days from the date of communication of withdrawal, or as soon as the Product is received, should such receipt occur after the fourteen-day period. The Customer will be held liable for any “diminished value” of the Product, at the sole discretion of the Company.

7.4. In case of damage to the Product during transport, the Company will notify the Customer of the incident so that the Customer may file a timely claim with the courier they selected and obtain reimbursement of the Product’s value (if insured by the Customer). The Company is not liable for damage, theft, or loss of Products returned by uninsured shipments made at the Customer’s cost and risk.

7.5. The right of withdrawal lapses if the returned Product is not intact, including, by way of example:

(i) absence of the external packaging and/or the original internal packaging;

(ii) damage to the Product for reasons other than its transport;

(iii) abnormal state of preservation. If the Customer loses the right of withdrawal, the Company will return the purchased Product to the Customer, charging the Customer for shipping costs.

8.- Warranties

8.1. The Company guarantees to the Customer that (i) the delivered Products will conform to those ordered as listed and identified in the corresponding transport document and (ii) they will be manufactured with materials and characteristics identical to those indicated in the relevant technical-information sheet, subject to standard tolerances.

8.2. The Company guarantees that the Products are free from defects that render them unsuitable for their intended use or that significantly diminish their value.

8.3. All Products sold by the Company are covered by the manufacturer’s conventional warranty, where applicable, and by the two-year legal warranty for defects of conformity, pursuant to Articles 128–135 vicies ter of the Consumer Code. To access warranty service, the Customer must retain the payment receipt or invoice.

8.4. The legal warranty in favour of the Customer covers defects of conformity existing at the time of delivery of the Product and that appear within 24 months from delivery. Claims against the Company must be made within 26 months from delivery. In the event of a defect of conformity, the Customer is entitled to have the Product brought into conformity, free of charge, through repair or replacement, or to an appropriate price reduction, or to termination of the Contract, in accordance with the provisions of the Consumer Code.

8.5. Claims relating to the quantity and condition of the Product packaging must be noted by the Customer on the transport document to the carrier, after verifying discrepancies together with the carrier, and must be communicated to the Company in writing within 8 (eight) working days from delivery, by sending an e-mail to info@bysmartpeople.com. Such e-mail must indicate: (i) the details of the transport document for the contested Products, (ii) the discrepancy noted between the quantity ordered and delivered or the damages found, and (iii) any other element enabling the Company to assess the claim. After the legal term for submitting claims has passed, the Products will be deemed accepted by the Customer for all legal purposes. If the Customer correctly submits a claim including all required information, the Company may initiate the necessary verifications. If the issue is confirmed, the Company will supplement the Product supply or replace damaged Products.

8.6. Claims relating to defects or faults inherent in the Products must be communicated by the Customer to the Company in writing within 2 (two) months from discovery, by sending an e-mail to info@bysmartpeople.com indicating: (i) the details of the transport document for the defective Products, (ii) the defect or fault, and (iii) any additional useful information. After 2 (two) months from discovery, the Products will be deemed accepted for all legal purposes. If the Customer correctly submits a claim with all required information, the Company may carry out verifications, including requesting photographic documentation. The Customer’s claim must in any case be made within two years from delivery.

8.7. If the Products require technical repairs during the warranty period not due to acts, omissions, fault, or negligence of the Customer, the Company undertakes, upon Customer’s request, to collect the Products from the Customer and return them within 60 (sixty) days from their arrival at the Company’s premises, or alternatively provide a replacement Product. All collection, repair, and return costs will be borne by the Company. The Product must be returned by the Customer in its original packaging, complete in all its parts.

8.8. If the defect cannot be remedied or repair is excessively costly, the Customer will be offered complete replacement of the Product pursuant to the Consumer Code.

8.9. If the Products require repairs after the expiration of the warranty period, upon Customer’s request, the Company will assess whether repair is possible. All costs of collection, repair, and return will be borne by the Customer.

9.- Complaints

9.1. Any Customer complaint may be sent to the Company according to the procedures indicated on the Website. Notwithstanding the above, the Customer is informed that pursuant to EU Regulation No. 524/2013 and Legislative Decree No. 130/2015, the European Commission has established an online platform for the ODR (online dispute resolution) procedure relating to online purchases of goods, available at the following link: ec.europa.eu/consumers/odr.

10.- Liability of auxiliary third parties

10.1. The Company is not liable for the acts of third parties which, as independent auxiliaries, intervene in the management or execution of payment operations, delivery of the Products, or any other operations connected with the execution of contracts concluded through the Website.

11.- Force Majeure.

11.1. Neither party shall be liable for failure or delay in fulfilling its obligations insofar as such failure or delay is due to an event that law, custom, or case law recognizes as falling within the legal category of force majeure (hereinafter, the “Force Majeure Event”). Without prejudice to the provision under paragraph 11.2 below, in the event of a Force Majeure Event, the timeframe for performing the obligation prevented by such Force Majeure Event shall be suspended for the entire period in which such event produces its obstructive effects. The party affected by the Force Majeure Event must (i) promptly notify the other party in writing, providing information on the nature of such event together with a reasonable estimate of the possible delay in performance caused by it, and (ii) continue to inform the other party about the evolution of the event.

11.2. If a Force Majeure Event continues to produce obstructive effects for a period such that performance becomes useless, the unaffected party may withdraw from the relationship by giving written notice to the other party or may alternatively waive the specific obligation rendered impossible.

11.3. Withdrawal exercised pursuant to the preceding provision does not constitute breach of contract and therefore shall not give rise to any claim for damages.

12.- Contacts

12.1. All communications under the Contract must be in writing and shall be deemed validly made if sent by registered letter with return receipt, or transmitted by e-mail to the following addresses:

For information, the Customer may contact the Company by telephone at 0331-864131 from 8:30 a.m. to 5:30 p.m. on business days.

To the Customer: at the contacts indicated in the purchase order.

13.- Governing law and jurisdiction.

13.1. The sales contract between the Customer and the Company is governed by Italian law, excluding the application of conflict-of-law rules. For matters not regulated herein, the provisions of the Civil Code and the Consumer Code shall apply. For civil disputes concerning sales contracts concluded between the Customer and the Company through the Website, territorial jurisdiction belongs exclusively to the court of the place of residence or domicile of the Customer, if located in Italy. In all other cases, territorial jurisdiction belongs exclusively to the Court of Varese.

14.- Privacy

14.1. The Company, as data controller, complies with the provisions on personal data protection set out in EU Regulation No. 2016/679 and in the applicable national legislation, and fulfils the resulting obligations by adopting appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

14.2. In managing the Website and executing the contract, the Company processes the Customer’s data for the purposes and according to the methods specified in the privacy notice pursuant to Article 13 of EU Regulation No. 2016/679, available at the following link: https://www.bysmartpeople.com/it/privacy