General conditions of Sale

GENERAL SALES CONDITIONS GENERAL SALES CONDITIONS OF MURRUTRAINER.ITEffective 01/01/2017 1. Scope of application and conclusion of the contract 1.1 These General Terms and Conditions of Sale govern the offer and sale through the Site by MT DI CARMINE FONTANAROSA, VIA DUOMO 45, 80138 NAPLES, P .IVA 08530351215, CF FNTCMN87P06A509V, REA NA – 970898 (“Seller”) of the products and / or services specifically indicated on the Site as sold and shipped by the seller (“Products”). 1.2 The offer and sale on the Website of the Products constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce. 1. 3 These General Terms and Conditions of Sale apply to all sales of Products made by the seller through the Website (“General Terms of Sale” or “CGV”). They can be changed at any time. Any changes will be effective from the time they are published on the site. Users are therefore advised to regularly access the Site and to consult, before making any purchase, the most up-to-date version of these General Conditions of Sale, by accessing the pages indicated. 1.4 The applicable General Sales Conditions are those in force on the date of transmission of the order. 1.5 Before proceeding with the purchase of Products through the Site, the user is required to read carefully these General Terms and Conditions of Sale made available to him on the site and which he is allowed to store and reproduce, as well as all other information that the seller provides on the Site, both before and during the purchase procedure. 1.6 These General Terms and Conditions of Sale do not regulate the sale of products by parties other than the seller that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with these parties, it is necessary to verify their sales conditions. The seller is not responsible for the provision of services and / or the sale of products by such parties. On websites that can be consulted through these links, the seller does not carry out any checks and / or monitoring. The seller is therefore not responsible for the contents of such sites nor for any errors and / or omissions and / or violations of the law by the same. 2. Purchases on the Site 2.1 The purchase of Products on the Site is permitted both to users who are consumers and to users who do not possess this quality. 2.2 According to the art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that the consumer is a natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out. 2.3 In the case of orders from anyone coming, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made, the seller reserves the right to take all necessary actions to stop the irregularities, including the suspension of access to the Site, the cancellation of the registration on the Site or the non-acceptance or cancellation of irregular orders. 2.4 The seller reserves, finally, the right to refuse or cancel orders that come from: (i) from a user with whom it has a legal dispute in progress; (ii) by a user who has previously violated these GCS and / or the conditions and / or terms of the purchase contract with the seller; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have given false, incomplete or in any case inaccurate identification data. 3. Information aimed at concluding the contract 3.1 In compliance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, the seller informs the user that: a) to conclude the purchase contract for one or more Products on the Site, the user must complete an electronic order form and send it via telematics to the seller, through the Platform, following the instructions that appear from time to time on the Website; b) the contract is concluded when the order form reaches the server which the seller uses; c) before transmitting the order form, the user can identify and correct any errors in data entry by following the instructions on the Site at the various stages of the purchase; d) once the order form has been registered, through the appropriate messaging service of the Platform as per art. 12 below, the order confirmation will be sent to the user, to the email address indicated, containing: information on the essential characteristics of the purchased Product, detailed indication of the price, the means of payment used and information on the right of withdrawal, delivery costs and any additional costs; e) The order form will be filed by the seller through the Platform for the time necessary for the execution of the same and, in any case, according to the law. The user can access the order form and / or the data related to the same through his personal account. 3.2. The language available to users for the conclusion of the contract is Italian. The Customer Service customercare@murrutrainer.it is able to communicate with users in the same language, as well as in Spanish. 4. Product Availability 4.1 The Products offered on the Site by the seller are the items in the electronic catalog published on the Site, and displayed by the user at the time the order is placed, specifically indicated as “sold and shipped by the seller”. The Products can belong to various product categories. 4.2 Each Product is accompanied by an information page that illustrates its main features (“Product Page”). Inside the Product Page there will be a special section containing information about Product availability. In the event that a Product is not available, the user may request to be notified as soon as the Product is available again, by writing to customercare@murrutrainer.it. The user who sent the request will be notified by e-mail, in the event that the Product becomes available again in the one hundred and eighty (180) days after the request is sent. The request for notification of availability does not imply any obligation to purchase, nor does it count as a reservation and / or order of the Product. 4.3 The availability of the Products is monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that several users buy the same Product at the same time. In such cases, therefore, the Product could be, for a short period of time, available, being instead exhausted or not immediately available, since it is necessary to obtain the replenishment. 4.4 If the Product is no longer available for the reasons indicated above or in other cases of unexpected unavailability of the Product, without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the code civil, the seller will immediately notify the user through the appropriate messaging system of the Platform pursuant to art. 12 below. The user will therefore be entitled to terminate the contract immediately. Alternatively and without prejudice to this right of termination, the user can accept one of the following proposals from the seller: (i) if it is possible to restock the Product, an extension of the delivery terms, with indication of the new delivery term for the re-stocked Product; (ii) if a restocking of the Product is not possible, the supply of a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance by the user. The choice of the user must be promptly communicated to the seller through the appropriate messaging system of the Platform as per art. 12 below. 4.5 In the event that the user makes use of the resolution right pursuant to art. 61, IV and V paragraph, Consumer Code, and the payment of the total amount due, consisting of the price of the Product, delivery costs, if applied, and any other possible additional costs, as resulting from the order (“Amount Total Due ”) has already happened, the seller will reimburse the Total Amount Due without undue delay and, in any case, within 14 working days from the day of the termination of the contract. The reimbursement amount will be communicated to the user through the appropriate messaging system of the Platform as per art. 12 which follows and is credited on the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank and / or the type of credit card used. The termination of the purchase contract pursuant to the preceding articles involves the resolution of any eventual accessory contract to that resolved. 4.6 In the case of orders concerning a plurality of Products (“Multiple Order”), if the unexpected unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of articles 4.4 and 4.5 above – if the unexpected unavailability concerns all the Products subject to the order, the seller will immediately notify the user via the specific messaging system pursuant to art. 12 below. The user will therefore be entitled to immediately terminate the contract, limited to the Product and / or Products that have become unavailable. The termination of the purchase contract pursuant to this paragraph entails the termination of any accessory contract to that partially terminated, limited to the case in which the accessories are relative to the Product (s) which have become unavailable. Alternatively and without prejudice to this right, the user will be able to accept one of the following proposals from the seller: (i) if it is possible to restock the Products covered by the Multiple Order which have become unavailable, an extension of the delivery terms for these Products, with indication of the new delivery date of the same; (ii) if it is not possible to replenish the Product and / or Products which have become unavailable / s, the supply, in place of the Products covered by the Multiple Order that have become unavailable, of different products, of equivalent or higher value, upon payment, in the latter case, of the difference and subject to the express acceptance of the user. The choice of the user must be promptly communicated to the seller through the appropriate messaging system of the Platform as per art. 12 below. 4.7 In the event that the user makes use of the resolution right pursuant to art. 61, IV and V paragraph, Consumer Code, the purchase contract concerning the Product and / or the Products that have become unavailable will be partially terminated, limited to this / these Product / s, with consequent restitution, if it has already been paid, of the ‘amount due in relation to these Products, including delivery costs, calculated as indicated in the art. 9.3 below, and any other possible additional costs due in specific relation to these Products (“Partial Amount Due”); the resolution of the entire Multiple Order will be possible only in the case of evident and proven accessories of the Products covered by the Multiple Order which have become unavailable with respect to the other Products available in the Multiple Order available. The Partial Amount Due in relation to the Product / s that has become unavailable / s, will be reimbursed to the user without undue delay and, in any case, within the term of 14 working days from the day of termination of the contract. The reimbursement amount will be communicated to the user through the appropriate messaging system of the Platform as per art. 12 which follows and is credited on the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank and / or the type of credit card used. The termination of the purchase contract pursuant to this paragraph entails the termination of any accessory contract to that partially terminated, limited to the case in which the accessories are relative to the Product (s) which have become unavailable. 5. Product Information Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of the computer systems or the computers used by users for their display. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will be valid. 6. Prices 6.1 All the prices of the Products published on the Site are in Euro and are inclusive of VAT. Product delivery is generally free. Any delivery costs that may vary in relation to the chosen delivery method and / or in relation to the payment method used, will be, specifically, indicated (in Euros and inclusive of VAT) during the purchase process, before the user is bound by the contract, in the order summary and in the order confirmation e-mail. 6. 2 The seller reserves the right to change the price of the Products at any time and also, possibly, several times during the same day. It is understood that the price of the Product that will be charged to the user will be the one indicated in the order summary, displayed by the user before placing the order, and that any changes (in increase or decrease) after the transmission of the order itself. 6.3 In the event that a Product is offered on the Site at a discounted price, the Website will indicate (i) the full reference price against which the discount is calculated and (ii) what the full reference price corresponds to. It is understood that the offer of products at discounted prices will be made only if the full price of the product corresponds to the actual market price of the same. 6.4 In the event that the user, in compliance with the legal conditions, intends to request the application of the 4% reduced VAT rate, set forth in art. 2, paragraph IX, of the law of 28 February 1997, n. 30, in relation to the purchase of technical and IT subsidies, pursuant to art. 2, paragraph 9, of the decree-law of 31 December 1996, n. 669 (converted by law February 28, 1997, n. 30) and of the Ministerial Decree of March 14, 1998, as well as aids for subjects with permanent functional impairments, pursuant to Presidential Decree 633 of October 26, 1972, Tab. A, part II, number 41-quater, aimed at facilitating self-sufficiency and the integration of disabled people, the user must contact the seller through the appropriate messaging system of the Platform pursuant to art. 12 below. 7. Purchase Orders 7.1 The purchase contract is decisively conditioned to the non-payment of the Total Amount Due. In the event that such payment does not take place, the contract will therefore be considered terminated by law. Of this resolution and the consequent cancellation of the order, the user will be immediately notified immediately after the transmission of the order, through the Site. 7.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier (“Shipment”). The risk of loss or damage to the Products, for reasons not attributable to the seller, however, will be transferred to the user when the user or a third party designated by him and different from the carrier, enters materially into possession of the Products. 7.3 In order to send an order relating to a Product through the Site it is necessary to read and carefully examine the present GCS. 8. Methods of payment The payment of the Products purchased on the Seller’s website can be made by credit card using the Stripe platform or the Paypal platform. Or it can be done inside the PAYPAL circuit. 8.1 Stripe and Paypal and credit card. 8.1 The payment of the Products purchased on the Site can be made by credit card directly through the Site. The credit cards of the VISA, Mastercard, AmericanExpress and Maestro circuits are accepted. 8. 2 The seller uses the secure payment service of PAYPAL and STRIPE which provides for the use of the SSL security protocol. Confidential credit card data (card number, expiration date holder, security code) are encrypted. The seller therefore has no access and does not store the data of the credit card used by the user for the payment of the Products. 9. Methods, expenses and delivery terms 9.1 The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the user. 9.2 At the time of shipment, the user will be sent an e-mail confirming the delivery to the carrier which will also contain the link containing the tracking number through which the user can check the status of the shipment. 9. 3 Delivery is generally free, unless otherwise specified. Any amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user will proceed with the transmission of the order. In case of partial withdrawal from orders concerning a plurality of Products (“Multiple Orders”), the possible amount of delivery costs to be reimbursed to the user will be equivalent to the delivery costs that the user would have paid for the single Product subject to partial withdrawal, as resulting from the Product Page, in relation to the specific delivery method chosen by the user. In no case will the amount of delivery costs to be reimbursed exceed the amount actually paid by the user for delivery. 9.4 In the order summary and, therefore, before the user proceeds with the transmission of the same, the total price of the order will be indicated, with separate indication of any delivery costs and any other possible additional expense. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount due by the user in relation to the Product. For each sale made on the Site, the seller issues an invoice, upon request, sending it via the appropriate messaging system of the Platform pursuant to art. 12 below, to the holder of the purchase order. For the issue of the invoice, the information provided by the user at the time of transmission of the order through the Website and that the user guarantees to be true is authentic. No change in the invoice will be possible after the issuance thereof. The user undertakes to keep the seller harmless and harmless from any damage resulting therefrom, including any sanctions, in the event that the data supplied by the user through the Site for the issuance of the invoice are not true. 9.5 The delivery of the Products purchased on the Site will take place at the postal address specified by the user in the order form. 9.6 Home Delivery 9.6.1 The Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the order form. The seller makes available to the user at least the method of Home Delivery by Express Courier. During the purchase process, before the user proceeds with the transmission of the order, the terms associated with this mode of Home Delivery and any other means of Home Delivery made available to the user by the seller, are indicated. 9.6.2 The Home Delivery of the Product is intended at street level, unless otherwise indicated and unless the user has chosen delivery to the floor, if made available by the seller. Except in the event that the user has chosen, from among those made available by the seller, a method of Home Delivery which involves delivery by appointment or within a specific time, Home Delivery will be made from Monday to Friday during normal business hours (from 9:00 am to 6:00 pm), excluding national holidays. 9.6.3 The user acknowledges that the withdrawal of the Product is his specific obligation. If the mode of Home Delivery chosen by the user from among those made available by the seller does not provide for delivery at an agreed time, in case of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt ( so-called notice of passage). The notice will also contain the contact details where the user can contact him to arrange the return or to collect the package. After the failed delivery attempt, the package will go to the courier’s warehouse. The user is required to collect the package within 3 calendar days starting from the second day after the one on which the Notice of Passage was left. In the event that the user does not collect the Product within this period, the purchase contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 cc. The seller will then proceed, within 15 working days following the termination of the contract, to reimburse the Total Amount Due, if already paid by the user, minus any costs of Home Delivery not successful, the storage costs , the cost of returning the goods to the seller and any other expenses incurred as a result of failure to deliver due to the absence of the recipient. The termination of the contract and the amount of the reimbursement will be communicated to the user of the appropriate messaging system of the Platform pursuant to art. 12 which follows and is credited on the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank and / or the type of credit card. 9.6.4 The user is required to report any particular characteristics relating to the place of delivery of the Product and / or its location, by entering a note to the order, in the appropriate space made available to him at the end of the purchase process and before sending the order. In the event that you do not provide such information or provide incorrect information, any additional costs that the seller has to bear to complete the delivery of the Product will be at his charge. 9.6.5 The delivery terms start from the conclusion of the contract (the sending of the order), unless otherwise indicated. Delivery will take place, unless otherwise specified, within thirty days from the date of conclusion of the contract. 9.6.6 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites the seller to make the delivery within an additional period appropriate to the circumstances (“Supplementary Term pursuant to art. 61, III paragraph, Consumer Code”). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code”), without prejudice to the right to compensation for damages. The user is not burdened with the burden of granting the seller the Additional Term pursuant to art. 61, III paragraph, Consumer Code (“Excluded Cases”) if: a) the seller has expressly refused to deliver the Products; b) compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user has informed the seller, before the conclusion of the contract, that delivery by or on a specific date is essential. In Excluded Cases, the user, if he does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, except for the right to compensation for damages (“Termination of the Contract in Excluded Cases” ). The indication of the Additional Term pursuant to art. 61, paragraph III, Consumer Code and the communication of Resolution of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination of Contract in Excluded Cases must be communicated by the user to the seller through the appropriate messaging system of the Platform as per art. 12 below. In the case of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, the seller will reimburse the Total Amount Due to the user without undue delay. The reimbursement will take place in the manner set forth in art. 11.6 below, as applicable. In the event that the user does not proceed with setting the Additional Term pursuant to art. 61, paragraph III, Consumer Code or, if the conditions are met, the Resolution of the Contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases. 9.6.7 In the event of failure to send the Delay Notice E-mail or failure to fix the New Delivery Time in the same, all the above terms will run from the original delivery time. 9.6.8 The acceptance of the New Delivery Time must be promptly communicated to the seller through the appropriate messaging system of the Platform pursuant to art. 12 below. 9.6.9 In all the above cases where a refund is due to the user, the refund amount will be communicated to the user through the appropriate messaging system of the Platform and credited on the same payment method used by the user for the purchase. Any delays may depend on the bank or on the type of credit card used. 9.6.10 It is up to the user to check the conditions of the Product delivered to him. It being understood that the risk of loss or damage of the Products, for reasons not attributable to the seller, is transferred to the user, when the user, or a third party designated by him and different from the carrier, enters materially into possession of the Products, it is recommended the user to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, also in the closing materials (adhesive tape or metal straps) and we invite you, in your interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reserve. The receipt without reservation of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to fraud or gross negligence of the same courier and except for partial loss or damage not recognizable at the time of delivery, as long as in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify the seller through the appropriate messaging system of the Platform as per art. 12 below. In any case, the application of the rules concerning the right of withdrawal and the legal guarantee of conformity remains valid. 9.6.11 Those who have not collected the package more than twice for different orders cannot make purchases on the Website. In the event that such parties place orders in breach of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The termination of the contract will be communicated to the customer through the appropriate messaging system of the Platform pursuant to art. 12 below. 10. Right to withdraw from the purchase of Products consisting of goods 10. 1 Pursuant to Articles 52 et seq. of the Consumer Code, the user who plays the quality of consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reasons and without having to incur costs other than those provided for in articles 11.5, 11.6, 11.7 and 11.9 below, within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days: a) in the case of an order relating to only one Product, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the Products; b) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last lot or piece . 10. 2 To exercise the right of withdrawal, the user must inform the seller, before the expiry of the Withdrawal Period of his decision to withdraw. 103 For this purpose the user must present an explicit declaration of his decision to withdraw from the contract (“Declaration of Withdrawal”). 10.4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, he is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he intends to exercise the right of withdrawal and the his address. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests on the user, and in the interest of the user to make use of a durable support when he communicates his withdrawal to the seller. The Declaration of Withdrawal must be sent to the following email address: customercare@murrutrainer.it. 10.5 The user must return the Products to the seller, using a carrier of his choice and at his own expense, without undue delay and in any case within the period of 14 calendar days from the date on which he informed the seller of his decision to withdraw. The deadline is respected, if the user sends back the Products before the expiration of the fourteen-day period (“Term of Return”). The Product, properly protected and packed, must be sent to the following address: Cuccurese Office, Via San Giovanni 13, 80021 Afragola (NA). The direct costs of returning the Products to the seller are borne by the user. The deadline is met if the goods are returned before the 14-day period has expired. The return of the Product to the seller takes place under the responsibility and expense of the user. 10.6 If the user withdraws from the contract, the seller will reimburse the Total Amount Due paid by the user for the Product, excluding delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which the seller was informed of the user’s decision to withdraw from the contract. The refund will be made using the same payment method used by the user, unless the user has expressly agreed otherwise. The seller may suspend the reimbursement until receipt of the Products or until the demonstration by the user of having sent back the Products, if previous. 10.7 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and illustrative sheets, with identification tags, labels and the disposable seal, where present , still attached to the Product and intact and not tampered with, as well as being perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product. The Product must be returned in its original packaging, which must be placed in another package, as it cannot be affixed to any other label or tape. 10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not entitle to any refund. The seller will notify the user through the appropriate messaging system of the Platform pursuant to art. 12 below, within 5 working days from receipt of the Product, rejecting the withdrawal request. The Product will remain at the seller’s disposal for the user for collection, which must take place at the expense and under the responsibility of the user himself. 10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. The seller will notify the user of the circumstance and of the consequent decreased reimbursement amount, through the specific messaging system of the Platform as per art. 12 which follows, within 5 working days from receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. 11. Legal Compliance Guarantee. 11.1 All products sold on the Site are covered by the legal guarantee of conformity provided for in articles 128- 135 of the Consumer Code (“Legal Guarantee”). 11.2 The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity. Those who have purchased on the Site and who do not have the status of consumers will be guaranteed for the defects of the thing sold, the guarantee for defects of promised and essential quality and the other guarantees provided by the civil code with the relative terms, forfeitures and limitations. 11.3 The seller (and, therefore, as regards the purchases of the Products indicated on the Site as “sold and shipped by the seller”) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years from this delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery. 11.4 In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this test, to keep the order confirmation or the purchase invoice as well as the DDT or any other document that can attest the date of the purchase and the date of delivery (for example the credit card statement or the bank statement). 11.5 There is a lack of conformity when the purchased good: it is not suitable for the use for which goods of the same type are normally used; it does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; it does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or in the labeling; it is not suitable for the particular use desired by the consumer and that has been brought to the attention of the seller by the time the contract is concluded and that the seller has accepted. 11. 6 Any faults or malfunctions caused by accidental facts or by the user’s responsibility or by use of the product that does not conform to its intended use and / or what is provided in the technical documentation attached to the product. 11.7 In the event of a lack of conformity duly reported within the terms, the user has the right: firstly, to repair or replace the item for free, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other; in secondary way (in the case that is in the case in which the repair or the substitution are impossible or excessively onerous or the reparation or the substitution have not been realized within suitable terms or that the reparation or the substitution previously made have caused notable inconveniences to the consumer) price or termination of the contract, at your choice. The requested remedy is excessively onerous if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be experienced, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be performed without significant inconvenience to the consumer. 11. 8 In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact the seller, through the appropriate messaging service of the Platform of which art. 12 below. The seller will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported. 11.9 In the event that the defect exists, if the user has chosen, among the available remedies, the repair, the repair will proceed. If, instead, the user has chosen the replacement and it is not excessively burdensome or objectively impossible for the seller to repair, the seller will replace the Product. If the lack of conformity is found, any repair / replacement and transport costs will be borne by the seller. If the lack of conformity is not found, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repair or replacement costs will be borne by the user. The seller will inform the user of the circumstance and of any costs to be incurred for repair or replacement. If it is not possible to apply the Legal Guarantee, the user must authorize the repair or replacement at his own expense in writing. 11.10 In all cases, the repair or replacement of the defective Products, if due, will be carried out in the shortest possible time and in any case, except in exceptional cases or causes of force majeure, within 60 calendar days from the day the seller received the defective product. In the event that the initially chosen replacement or repair were not carried out within this deadline, the user may request one of the alternative remedies provided by the Legal Guarantee (replacement, in the event that the repair had been requested; repair in case it was request for replacement, price reduction or termination of the contract). 11.11 The seller reserves the right to ask the user to attach the invoice for the order to the request to use the Legal Compliance Guarantee. 12. Customer Assistance and Complaints 12. 1 It is possible to request information, send communications or make complaints by contacting the seller via the email address customercare@murrutrainer.it. Unless the law provides otherwise, all communications between the seller and the user regarding the purchase of the Products also take place through the same system. 13. Applicable law 131 The purchase contract concluded on the Site between the seller and the user is governed by Italian law. 13.2 The application to consumers users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the term for the year of the right of withdrawal, at the end for the return of the Products, in the event of the exercise of this right, the methods and formalities of the communication thereof and the legal guarantee of conformity. 13.3 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the jurisdiction of the place where the user resides or has elected domicile is competent. 13.4 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for the disputes of modest entity, by Regulation (EC) n. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, fees and charges, € 2,000.00. The text of the regulation can be found on the website www.eur-lex. europa.eu.