TERMS AND CONDITIONS OF SERVICE

1. GENERAL SELLER INFORMATION

The cielosolime.it website is owned by Cielo Srl simplified, P.IVA 02991690351, with registered office in Via Terenziano Poletti 43/A – 42025 Cavriago (RE), PEC: cielosrl@studiovillapec.it (hence also “Cielo” or "Salesperson").

The Seller, as part of its policy of correctness and transparency, invites each user of the website (hence also "Customer" or "User") - before starting navigation - to carefully read these terms and conditions (" T&C”), which regulate the services offered through it.

In the event that the User does not intend to accept these T&C and/or any other note, legal notice, information or declaration of limitation of liability published on the website, he is invited not to use the site, nor the related services.

2. USER STATEMENTS

By accessing and placing an order on the cielosolime.it website, the User accepts the Seller's data processing conditions, as well as these T&Cs.

The terms and conditions of sale are considered valid (when applicable) with respect to any commercial transaction concluded through the website, both by business customers and private customers.

The User also declares to be the legitimate holder of the data communicated, of the postal and e-mail addresses entered in the order phase and to elect his/her digital domicile at this address in relation to any communication relating to the sales contract. The User is responsible for the truthfulness and correctness of the data entered.

Lastly, the User declares to be of age and to be fully available to act.

3. PRODUCT CHARACTERISTICS

The images and descriptions in the product sheets published on the website reproduce the characteristics of the products themselves as closely as possible.

Further technical information ("Technical Data Sheet") and safety information ("Safety Data Sheet") present in the product description will be available within the sheet of each product. This information, also shown on the packaging, must be carefully checked by the Customer before using the product, who must carefully follow the instructions for use and the recommended quantities to ensure maximum effectiveness and safety for the product user.

The images must in any case be understood as indicative and with usage tolerances, also taking into account possible changes made to the product packaging. The packaging of the delivered products may not coincide with the one shown on the site if the manufacturer has modified the packaging.

4. REGISTRATION IN THE PERSONAL AREA

In order to be able to purchase on the cielosolime.it website, the Customer must perform a registration procedure.

The user activates the profile by entering his address and is redirected within his own area.

Within the reserved area, you can enter your personal data and consent to the processing of personal data, the status of orders, the payment methods entered and linked to your account, the list of desired products ("wishlist") and all other information useful for managing and facilitating the commercial relationship.

The data entered in the reserved area will also be used to pre-fill the cart checkout forms. The User is required to double-check the data entered each time he makes a purchase through the site, in particular those relating to the shipping address of the goods.

5. REGULATORY APPLICABILITY FOR CONSUMER PROTECTION

The provisions envisaged by the Consumer Code must be considered applicable exclusively to transactions completed by private Users who are final consumers of the goods, the additional protections envisaged by the Code and by the other regulatory provisions in force on the subject are inapplicable to corporate customers (who purchase the goods under the carrying out its economic activity).

6. AVAILABILITY OF PRODUCTS

Cielo assures the Customer of rapid processing of the order, informing him of the delivery times of the purchased product at the same time.

The availability of the products in the Seller's warehouses is specified in the individual product data sheets.

In the event of partial or total unavailability of the products following the sending of the order confirmation, Cielo will indicate to the Customer the expected times for the new availability of the products and will inform him of the possibility of requesting a refund.

7. PRICE

The price of the products on the website is expressed in Euros and is inclusive of VAT and any applicable taxes.

Shipping costs, when due, are not included in the price, but are indicated and calculated separately before the Customer sends the order. Costs may vary depending on the type of delivery, destination, quantity and weight of the product purchased. When due, shipping costs must be paid simultaneously with the payment of the price of the purchased product.

8. PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

The site allows the User, by viewing the pages relating to the products, to search and select the products for sale. The order can only be made by "Registered Users". The "Registered Users" section will therefore be usable both by business customers, with a VAT number, and by private customers. These will have to create their own personal account within the site.

Customers can place products in a "Wish List" if they want to save them and purchase at a later time. In the appropriate section of the reserved area it is possible to manage the lists, eliminating products or moving them to the cart to proceed with the purchase.

After shopping, by clicking on the cart, the User can:

check the selected products, the relative purchase price and the total cost of the single purchase; will be able to decide whether to continue shopping by clicking on "Continue shopping"

proceed with the purchase of the products by clicking on "Proceed with the order" going to the "Checkout Details" section to complete the order.

In the "Checkout Details" section, if not yet authenticated, the User must log in to the Account - creating it, if he does not already have one - and provide any missing data marked as mandatory (with an asterisk), relating to shipping and billing addresses, shipping method and payment methods.

The sales contract is concluded when the Seller sends the order confirmation to the Customer.

9. METHOD OF PAYMENT

The User can proceed with the payment of the amount of his order through:

credit/debit card enabled for payment in accepted payment circuits;
bank transfer.

In case of payment by credit/debit card, the Customer will be charged the amount for the order - once the credit card details have been verified and the debit authorization received from the company issuing the credit card used - at the same time to the sending by the Seller of the order confirmation to the Customer. The credit card data is protected and sent directly to the company and to the IT infrastructure that manages the payment. Payment takes place on a secure server, with an SSL encryption key, in order to guarantee the absolute security of the transaction. The card data will not be accessible by unauthorized parties, either at the time the order is sent or subsequently.

In case of payment through digital payment services (e.g. PayPal, provided by digital payment service providers), the web session will be transferred to the provider's website, where the Customer will make the payment according to the procedure established and governed by the provider same. The data entered on the provider's website will be processed directly by the latter and will not be transmitted or shared with the Seller. The Seller is therefore unable to know or memorize the data of the payment card connected to the Customer's account or the data of any other payment instrument connected to this account. The payment will be charged at the same time as the order confirmation is sent by the Seller to the Customer, unless the Customer chooses to use installment payment services provided and subject to the terms, conditions and availability of the service provider digital payment.

In case of payment by bank transfer, the User will receive the payment data in the order confirmation e-mail. Within the reason for payment, the Customer is requested to enter the name and surname/company name and the number of the order placed in order to facilitate the recognition of the customer and the correspondence of the amount paid with the total order. The selected goods will be considered reserved for 5 working days after which, in the absence of payment of the total amount, the order will be considered resolved and the reservation cancelled. The shipment of the products will take place only once the payment of the relative prices has been received.

Any additional information with respect to the selected payment method will be available at the time of its selection.

We remind you that the use of a payment instrument without the authorization of the holder of the same can constitute a civil offense and a crime, which may also be prosecuted by Cielo where possible/applicable.

The invoice will be sent by PEC, SDI, e-mail or by post and cannot be modified following its issue by the Seller. The invoice can also be downloaded in the reserved area of the site.

10. SHIPPING, DELIVERY AND INABILITY TO DELIVER

The products purchased by the Customer are shipped by the Seller and delivered by courier. The place of delivery is the one indicated by the Customer when sending the order.

The Seller undertakes to ensure that the shipped products are delivered by the courier within 5 (five) working days from the shipment date. However, this delivery term cannot be considered binding for the Seller, who cannot directly control the courier's work or the possible unavailability of the Customer at the time of delivery.

In the event that it is not possible to deliver the products for reasons attributable to the Customer, the courier designated by the Seller will leave a notice indicating the place of storage, the methods for collection or for scheduling a new delivery.

The Customer can contact the Seller or the courier to agree on further and different methods.

The Customer will have to pay any additional costs if the non-delivery is attributable to the same.

If the customer refuses delivery of the goods or, after 30 days from the conclusion of the contract, the products have not been delivered or collected by the customer, the contract will be considered terminated for reasons attributable to the latter. Any amounts paid will be credited back to the Customer net of shipping costs, the cost of returning the goods to the seller's warehouse and the charges for the payment method used (e.g. collection fees incurred by the seller).

In order to guarantee the correct execution of the order, it is strictly necessary that the information indicated during registration by the Customer is correct and truthful. If this information were to undergo changes, the Customer must promptly update them. Any disservices in the delivery of the goods deriving from an incorrect communication of the data by the Customer will not be attributable to the Seller.

Finally, the Customer can opt for the collection of the ordered goods directly at the Cielo headquarters. The items ordered will be considered reserved for 5 working days. After the booking period in the absence of collection of the goods, the order will be considered terminated and the booking cancelled.

11. PASSING OF RISK, DELIVERY AND CONTROL OF THE PRODUCT

The Customer assumes the risk of loss or damage to the products for reasons not attributable to the Seller when he, or a designated third party other than the carrier, materially takes possession of the products.

The Seller is not liable for any damage to the products suffered during shipment.

At the time of delivery, the customer assumes the obligation to verify the exact quantity and quality of the products: any claims for damage resulting from transport, tampering with the packaging or for shortages of goods must be communicated to the carrier at the time of delivery. delivery, with written confirmation to the e-mail address info@cielosolime.it within 7 working days of receipt of the products.

12. RIGHT OF WITHDRAWAL

The User who holds the quality of consumer/private customer has the right to withdraw from the contract, without having to specify the reason, within 14 days from the moment in which the customer acquires physical possession of the product.

To exercise the right of withdrawal in relation to an order, the User must inform the Seller of his decision to withdraw before the expiry of the withdrawal period, by registered letter with return receipt to Cielo Srl, Via Terenziano Poletti 43/A – 42025 Cavriago (RE) or via PEC to: cielosrl@studiovillapec.itThe communication can be anticipated, within the same period, by e-mail (to the address: info@cielosolime.it), provided that it is confirmed by registered letter with return receipt or PEC within the following 48 hours.

This communication must specify the intention to withdraw from the purchase and the product or products for which it intends to exercise the right of withdrawal, attaching a copy of the "Acceptance Confirmation", purchase receipt or invoice.

The Customer must return the product to the following address: Cielo Srl, Via Terenziano Poletti 43/A – 42025 Cavriago (RE). Shipping costs are to be understood as borne by the Customer and the refunded amount will be credited back net of any expenses incurred by Cielo Srl for shipping, redelivery and charges for the payment method used (e.g. collection fees incurred by the seller ).

The returned product must be returned in the state in which it was delivered, in particular it must not:

have been opened or altered (e.g. breakage of the guarantee seal);
show no signs of use.

The product must be in its original packaging, complete with all accessories and any manuals, without any lack.

The Customer will be responsible for the decrease in value of the returned goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the good itself.

If the User withdraws from the contract within the times and in the manner indicated, in accordance with these T&Cs and the provisions of the Consumer Code, the Seller refunds the amount paid by the User for the product no later than 14 days after the return of the same. The refund will be made through the same payment instrument used by the User for the purchase.

In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.

13. RESPONSIBILITY FOR THE OPERATION OF THE PLATFORM

Cielo will not be responsible for any damages deriving from the inaccessibility to the services deriving from problems connected to the network, to the providers or to telephone and/or telematic connections of which it has no control, to the failure and/or defective functioning of the electronic equipment of the User or suppliers of the Company.

14. LIMITATION OF SELLER'S LIABILITY

The Seller will not be liable for losses, direct or indirect, and for lost profits that are not a consequence of the violation of these T&Cs or that derive from unforeseeable circumstances or force majeure.

The Seller's liability will in any case be limited to a maximum amount equal to the value of the confirmed order.

15. TERMINATION, TERMINATION AND SUSPENSION OF THE SERVICES

Cielo reserves the right to delete the Profile and/or not to allow the User to access its website and its services, at any time and with immediate effect, in the event of a breach by the User of the obligations its load foreseen pursuant to the previous articles or legal provisions in the context of the use of the site. In relation to these Users, Cielo is authorized to cancel orders placed and not yet delivered without prior notice.

Access to the website may also be temporarily interrupted in the event of technical problems or to ensure its maintenance. If possible, such interruptions will be communicated on the website.

At any time, Cielo may make improvements and/or changes to the website and services if this is necessary for technical reasons or in order to comply with current legislation.

Cielo reserves the right not to accept the purchase order and/or to terminate the obligations arising from these conditions with immediate effect in the event that the User does not provide, where requested, the information and/or copies of documents proving ownership of the payment instrument used.

Cielo will also have the right to suspend all or part of the Service in the event of unavailability of the amounts necessary for the purchase of the products ordered, as well as in the event of non-payment.

16. LEGAL WARRANTY OF CONFORMITY

The Legal Guarantee of Conformity is provided for by the Consumer Code in articles 128-135 and establishes the responsibility of the Seller for lack of conformity of the goods sold.

The Legal Guarantee referred to in the Consumer Code is reserved for private customers.

All products that present a lack of conformity existing at the time of delivery and which manifests itself within 24 months from the date of purchase are covered by the Legal Guarantee (the receipt or purchase invoice is valid as proof).

The lack of conformity must be reported to the Seller within 2 months from the date of discovery of the defect. Unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of the purchase of the goods already existed on that date.

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;
does not conform to the description given by the seller;
does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
does not have the usual qualities and performance of a product of the same type, also taking into account the declarations made in advertising or on the labelling;
it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase.

In the event of a lack of conformity, duly reported within the terms, the Customer will have the right:

primarily, to the repair or replacement of the product, unless the remedy itself is objectively impossible or excessively onerous compared to the other;
secondarily (where the first two remedies are impossible or excessively burdensome, or have not been carried out within reasonable terms, or repairs or replacements previously carried out have caused you significant inconveniences duly demonstrated), to the reduction of the price or the termination of the contract.

The requested remedy is "excessively burdensome" if it imposes unreasonable expenses on the Seller compared to the alternatives, taking into account the value that the goods would have if there were no lack of conformity, the extent of the lack of conformity, the possibility that the remedy could be carried out without significant inconvenience for the consumer.

In the event that the Customer should find a lack of conformity, he must send an e-mail to info@cielosolime.it attaching the receipt/invoice for the purchase of the product and a photograph which shows the defect. The Seller will examine the product to verify the applicability of the Legal Guarantee (except if, for example, more than two years have passed since the date of purchase, the product shows damages and/or anomalies that have been caused by the consumer and do not derive from a defect of compliance).

In the event of a lack of conformity, the User will have the alternative right to have the defective product repaired or replaced with an equivalent product (if available), unless the remedy itself is objectively impossible or excessively expensive compared to the other.

If the Seller finds the existence of the lack of conformity, the Customer must send the product to the Seller and the repair and transport costs will be borne by the Seller. Pursuant to article 130 of the Consumer Code, repairs or replacements due to ascertained lack of conformity must be carried out "within a reasonable period of the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer bought the good". In any case, except in exceptional cases, the repair or replacement will be carried out within 60 days of delivery of the defective product to the Seller. If not, the Customer may request one of the alternative remedies provided for by law (termination of the contract or reduction of the price paid, taking into account any use of the asset).

17. PROCESSING OF PERSONAL DATA

The processing of personal data requested during the checkout procedure will be carried out exclusively for the purposes of making the website and the service available, processing and sending the order, managing the commercial relationship between the Seller and the Customer, satisfying administrative needs and obligations of law in matters of fiscal and accounting legislation in the hands of the Seller as well as defending a right of the same in the context of a dispute.

In the event that the Customer has given his express consent, the data may be further processed in order to promote the Seller's business directly to the Customer by sending communications by electronic means for marketing, processing and market studies etc.

All the specific information relating to the processing of data can be found in the sections of the site expressly dedicated to this (Privacy Policy – Cookie Policy).

18. GOVERNING LAW AND DISPUTES

These T&Cs and in general the relations between the Seller and the Users of the website are governed by Italian law and must be interpreted in accordance with it.

Pursuant to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code), the consumer can make use of the joint conciliation procedure (the "Joint Conciliation"). The procedure can be started if the consumer, after submitting a complaint to the Seller, has not received a response within 30 days or has received a response that he does not consider satisfactory.

Any disputes connected and connected to the use of the website and the services contemplated therein are reserved to the Italian jurisdiction and to the territorial jurisdiction of the Court of Reggio Emilia, with the exception, if any, of the mandatory Court of the Consumer.

19. FINAL PROVISIONS

Any invalidity of a provision of these T&Cs will not affect the validity of the others, which will remain fully valid and effective.

20. CHANGES AND ADDITIONS

These T&Cs may be integrated or modified by the Seller at any time, effective from the date of publication on the website cielosolime.it.

The Customer is therefore required to check the T&Cs in force on the date of conclusion of each purchase.

It is understood that the orders concluded prior to any modifications or additions will remain governed by the T&C in effect on the date of completion of the contract.

Update date: 09/05/2023