1 - Oggetto
1.1. These general terms and conditions of sale govern the contract of sale relating to any purchase made through the e-commerce site www.upstreamsalmons.com (hereinafter the "Site").
The owner of the Site is Up Stream Italiana s.r.l. with registered office in Via G. di Vittorio 39 - 43044 Lemignano di Collecchio (PR) - Italy, tax code, VAT number and registration number with the Register of Companies of Parma 02696110341, REA PR-259690.
1.2. Up Stream Italiana s.r.l. deals with the sale of products through the Site www.upstreamsalmons.com. The purchase of the products made through the Site sees as parties Up Stream Italiana s.r.l. as the seller (hereinafter the "Seller"), the subject who proceeds to the purchase of one or more products (hereinafter the "Consumer"), and Seller and Consumer hereinafter collectively referred to as the "Parties").
1.3. Any communication by the Consumer connected and/or related to this contract - including any reports, complaints, requests concerning the purchase and/or delivery of products, the exercise of the right of withdrawal, etc.. - must be sent to the Seller at the addresses on the Site and at the e-mail address: email@example.com.
1.4. Each purchase is subject to the general terms and conditions of sale published on the Site at the time the contract is concluded pursuant to Article 3 below.
1.5. In order to be able to validly complete this contract, the legal age(18 years) and the legal capacity to act, which the Consumer declares to possess, are required.
2 - Product features
2.1. The products are sold by the Seller with the characteristics that are described on the Site when the order is sent by the Consumer and according to the general conditions of sale published on the Site when the order is sent, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its own discretion, in compliance with the regulations in force. The products are offered at the general terms and conditions indicated on the Site at the time the order is sent while stocks last.
2.3. Prices and goods for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to point 3 below, the Consumer is requested to verify the final sale price.
2.4. The Seller reserves the right to modify the goods on the Site, or to modify their characteristics, at any time and without notice or obligation.
2.5. The Seller reserves the right to make changes and improvements to any goods offered on the Site, without the obligation to make such changes to those already sold.
2.6. This Site may be accessed by users from around the world and the Site may contain references to goods that are not available or cannot be purchased in the country of the Site visitor.
3 - Contract finalization
3.1. The product presentations on the Site, which are not binding on the Seller, represent mere invitations to offer and not offers to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is subject to these general conditions of contract, which are an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, must accept in full and without reservation.
Before proceeding with the purchase of the products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and to print a copy or to store a copy for his personal use. Furthermore, the Consumer will be asked to identify and correct any errors in the input of his/her data.
3.3. The contract shall be deemed to have been concluded when the Consumer makes the payment.
4 - Product selection and purchase procedure
4.1. The products presented on the Site may be purchased through the purchase procedure on the Site. This procedure provides for the selection of products of interest to the Consumer by placing them in the appropriate virtual shopping cart. Once the selection of the products has been completed, in order to make the purchase of the products selected and placed in the shopping cart, the Consumer shall be invited to register on the Website, providing the required data, or to login, if the Consumer is already registered, or to provide his/her data in order to complete the order and allow the conclusion of the contract.
In order to allow the purchase, the Consumer will be asked to confirm his/her data (by way of example, but not limited to: name, surname, etc.), as well as the address where to deliver the selected products, the billing address and a telephone number where he/she can be contacted for any communications relating to the purchase made.
The Consumer will display a summary of the order to be executed, after careful reading, must expressly approve these general conditions of sale, through the appropriate check mark (confirmation) on the Site and finally, through the "Order with obligation of payment" button, the Consumer will be asked to confirm his or her order, which will thus be definitively sent to the Seller and will produce the effects described in the previous paragraph 3.2. of this contract.
The Consumer will also be asked to choose the shipping method and the method of payment in advance, among those available. Should the Consumer decide for the payment method contextually to the purchase by credit card or PayPal, he will be required to communicate the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the details indicated by the Consumer.
5 - Delivery of goods and acceptance
5.1. Generally the Site indicates the delivery times of the same, however, this information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do its best in order to respect the delivery times indicated on the Site.
5.3. The shipment of the products ordered by the Consumer shall take place in the manner selected by the Consumer, among those available and indicated on the Website at the time the order is sent. The Consumer undertakes to check without delay, and in any case within and no later than 3 (three) days from the receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform the Seller of any possible defect of the products received or of their non-conformity with respect to the order placed, according to the procedure set forth in art. 9 of this contract. If the packaging or wrapping of the products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "subject to control".
5.4. Once the term referred to in paragraph 5.3. above has expired, the products delivered shall be deemed to be definitively accepted by the Consumer.
6 - Prices, shipping costs, taxes and duties
6.1. The price of the products is the one indicated on the Website at the time the order is sent by the Consumer. The prices of the products indicated on the Site are VAT included, do not include shipping costs, which are calculated before the purchase confirmation by the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site and do not include any taxes or duties due in the manner and terms established by each individual country of delivery of the goods.
6.2. Depending on the country to which the products are to be delivered, the relevant shipping costs will be displayed on the Website during the order creation process, which the Consumer undertakes to pay in addition to the price of the products ordered.
6.3. The Consumer shall pay to the Seller the total price, that is the price as stated in the order and confirmed in the order confirmation sent by the Seller to the Consumer via e-mail.
6.4. If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including VAT, is net of any customs taxes and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
6.5. Any additional costs, charges, taxes and/or duties that a given country may apply, for whatever reason, to the products ordered under this contract, shall be borne exclusively by the Consumer.
6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or duties referred to in paragraphs 6.4. and 6.5. above, at the time of sending an order to the Seller, shall not constitute a cause for the termination of this contract and that he shall not be able in any way to charge the Seller for the aforementioned charges.
7 - Payments
7.1. Orders placed through the Site may be paid for by credit card or PayPal, under the conditions described below. The Seller may allow further payment methods, indicating them in the payment section of the Site.
7.2. If the payment is made by credit card or PayPal account, the credit card details or account access credentials will be communicated directly to Prestashop Checkout or PayPal, operators that deal with payments on behalf of the Seller. The transmitted data will be sent in a protected mode, through an encrypted transfer. This data is not accessible to the Seller.
7.3. Orders can also be paid by bank transfer in favour of the Seller, with the "Swift" and "IBAN" codes indicated in the order confirmation. The Consumer, in the case of payment by bank transfer, expressly accepts that the execution of the contract by the Seller will start when the countervalue of the product/s purchased is credited to the Seller's current account. In the event that, in the period between the moment of sending the order confirmation and the credit by bank transfer of the price of the purchased product(s), said product(s) is/are no longer available, the Seller shall proceed to refund the amount paid by the Consumer within 14 (fourteen) days and the contract between the Parties shall be considered as never entered into, without the Consumer having any claim against the Seller.
7.4. The Seller shall promptly send the Consumer an order confirmation email to the address declared by the same when registering on the Site. The invoice/tax documentation relating to the purchase made, if the purchased products are intended to be delivered in the Italian territory, will be issued electronically in accordance with the regulations in force. In case of products destined to foreign countries, a copy of the invoice in paper format will also be attached to the order.
8 - Seller's legal guarantee of conformity, notification of defects of conformity and intervention under warranty
8.1. Pursuant to and for the purposes of Legislative Decrees no. 21/2014 and no. 206/2005 (Consumer Code), the Seller provides the Consumer with a legal guarantee on the product for lack of conformity with the sales contract that becomes apparent within three days of delivery, or in any case within two years for non-perishable goods.
8.2. The legal guarantee allows the Consumer, in case of conformity defects of the product, to obtain, by contacting the Seller directly, within a reasonable time taking into account the nature of the product, the replacement of the product, the reduction of the price or the termination of the contract.
8.3. In any case, the warranty does not cover the use of the product that does not conform to the product's own use and to the instructions/warnings provided by the Seller.
8.4. Any report of a lack of conformity of the product must be submitted together with proof of purchase of the product from the Seller (fiscal document issued by the Seller or receipt of payment).
8.5. Within the term referred to in paragraph 8.1. above, the notification of a lack of conformity must be sent by the Consumer within and no later than 3 (three) days from delivery if the defect is presumed to have resulted from incorrect transport, or in any case within 3 (three) days from the detection of the defect if it has been detected once the product has been opened.
For non-perishable goods, the notification of the defect must be communicated within and no later than 2 (two) months from the date on which the conformity defect was detected.
8.6. The notification of the lack of conformity shall be forwarded by the Consumer to the Seller by e-mail to the address firstname.lastname@example.org; the Seller shall promptly inform the Consumer of the methods by which to return or make the product available.
8.7. The Seller, through the assistance service of the manufacturer of the products, will carry out quality controls to verify the actual non-conformity of the product itself and will provide feedback to the Consumer by e-mail to the address provided during the registration process on the Site.
8.8. In case of ascertained non-conformity of the product, the Seller shall refund the Consumer the price of the product including the shipping costs incurred for the return of the non-conforming product or alternatively, without any cost to the Consumer, to repair the product or replace it with a new product; in the latter case, the non-conforming and replaced product shall remain the property of the Seller.
8.9. The above mentioned refund shall be made by the Seller to the Consumer through the same method of payment received or through another method agreed between the Parties. It shall be the responsibility of the Consumer to ensure that the Seller is put in a position to return the amount due.
9 - Liability for defective products
9.1. As regards any damage caused by a defective product, the provisions of Legislative Decrees no. 21/2014 and no. 206/2005 (Consumer Code) apply.
10 - Right of recess
10.1. The Consumer has the right to withdraw from this contract without giving reasons, within 14 days from the delivery of the order, only for goods not subject to the exclusions set forth in art. 59 of Legislative Decree 206/2005. In particular, goods that risk deterioration or deterioration rapidly and sealed goods that are not suitable to be returned for hygienic reasons are excluded from the recess.
10.2. To exercise the right of recess, the Consumer is required to send written notice by e-mail to email@example.com indicating his personal data, order references and the goods affected by the recess.
10.3. The Seller, having carried out the appropriate checks, shall invite the Consumer to return the products to Up Stream Italiana s.r.l., via G. di Vittorio, 39 - 43044 Lemignano di Collecchio (PR) - Italy.
10.4. The products must be returned, or in any case sent to the Seller, intact (without any signs of wear, abrasion, scratch, deformation, etc.), complete with all their elements and accessories, accompanied by the attached instructions/notes/manuals, the original packaging and in any case in the condition in which they were received by the Consumer. Otherwise, the Consumer shall not be entitled to any refund.
10.5. Following verification of the returned products, if the conditions are met, the Seller shall reimburse the Consumer for the costs of the products but not the shipping costs.
10.6. The above mentioned refund shall be made by the Seller to the Consumer by the same method of payment received or by another method agreed between the Parties. It shall be the responsibility of the Consumer to ensure that the Seller is put in a position to return the amount due.
11 - Intellectual Property Rights
11.1. The Consumer declares to be informed that all the contents present on the Site are protected by copyright and other provisions in force on intellectual property: all rights are the exclusive property of Up Stream Italiana s.r.l.
11.2. The contents of the Site may not be reproduced, neither entirely nor partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Up Stream Italiana s.r.l.
12 - Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.
12.3. The Consumer may at any time update and/or modify the personal data provided to the Seller through the specific section of the Website "Login/Register" accessible after authentication.
12.4. For any further information on the methods of processing the Consumer's personal data, please access the Privacy and Cookie section of the Site.
13 – Data protection
13.1. Although the Seller adopts measures to protect personal data against their loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
13.2. The Seller, with regard to data relating to credit card payments, uses Prestashop Checkout and PayPal services that adopt technological systems that guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14 - Force Majeure
14.1. The Seller shall not be liable in the event of total or partial non-fulfilment of its obligations under this contract if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strikes and/or restrictions on the viability of couriers and air connections.
15 - Applicable law and place of jurisdiction
15.1. The contract shall be governed by and construed in accordance with Italian law.
15.2. The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this contract is expressly excluded.
15.3. Any dispute arising out of or relating to this contract shall be competent:
a) the Court of the place of residence or domicile of the Consumer, if "consumer" within the meaning of current legislation;
b) exclusively the Court of Parma, Italy, in any other case.
15.4. For everything not expressly provided for herein, the provisions of the law in force in the Italian legal system apply and in particular, for consumers, Legislative Decrees no. 21/2014 and no. 206/2005 (Consumer Code).
16 - Transfer
16.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations under this contract without the prior written consent of the other party.
17 - Validity of clauses
17.1. The headings of the clauses used herein are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.
17.2. These conditions do not prejudice the rights attributed by Italian law to the Consumer who acts as a consumer or the rights guaranteed to him by the mandatory provisions of the law to which he is subject.
17.3. In the event that a clause or part of a clause of these general conditions should be considered invalid because in contrast or contrary to a rule of law, all the other clauses of this agreement or parts of the same clause shall remain fully valid and effective.
18 - Final provisions
18.1. This contract replaces all previous contracts, agreements and understandings between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties regarding the subject matter of this contract.
18.2. The Consumer declares that he has not been induced to adhere to this contract by previous oral declarations.
18.3. Any variation or modification of this contract must be accepted in writing by both Parties.
Lemignano di Collecchio (PR), 15/06/2020