Aboca S.p.A. Società Agricola (hereinafter “ABOCA”) offers its Users (hereinafter the “Customers”) the possibility to purchase products (including but not limited to: gift ideas, books, fine works of art and art reproductions) through the functions available on the Website at the following address: www.abocashop.com (hereinafter the “Website”), as well as through the website: www.abocamuseum.it – provided and managed by ABOCA.
1. - General provisions.
1.1. – The Customer is invited to read these Terms and Conditions carefully before registering on the Website and using the related services.
1.2. – In order to purchase the Products available on the Website, the Customer must register (free of charge) by entering his/her name, surname, email and password, in order to obtain a personal account (the “Account”).
1.3. – If access to the Website is interrupted, due to non-ABOCA related service interruptions, or if transmission errors occur, or access to the Website is occasionally suspended or restricted to allow for repairs, maintenance, or implementation of new functions, ABOCA cannot be held responsible for: (I) losses that are not the result of breach of these Terms and Conditions or (ii) for any loss of business opportunity, or (iii) for any other direct and/or indirect or consequential loss that was not reasonably foreseeable, or otherwise directly attributable to ABOCA's actions and/or omissions.
1.4. – ABOCA shall not be liable for any delay and/or failure to comply with the obligations set out in these Terms and Conditions if the delay and/or failure to comply arises from a fortuitous event and/or from force majeure.
1.5. – Any Customers who would like to receive further information on the products or services available on the Website, which are not available on the Website itself, may request this information from ABOCA using the contact details below.
2. - Links to other websites.
2.1. - The Website may contain links to third party websites (also inserted by the Customers themselves). ABOCA therefore declines all responsibility in relation to these links and the content of websites linked to the Website and warns that Customers who decide to insert a link to a third party website or visit a linked website do so at their own risk, including taking the responsibility to secure against viruses or other security risks.
3. – Registration and access.
3.1. – Customers must take all necessary precautions to protect the authentication credentials (email address and password) they use to log on to the Website. They may only be used by the Customer and may not be transferred to third parties.
3.2. – The Customer guarantees that the personal information that is provided during the process of creating an ABOCA account and registering for the Website is complete and truthful and undertakes to release ABOCA from any damage, obligation to pay compensation and/or sanctions arising from and/or in any way connected to the Customer's violation of the rules regarding registration on the Website or retention of registration credentials. It is prohibited to use an email address that is not owned by the Customer, to use the personal data and credentials of another Customer in order to appropriate that Customer’s identity, or otherwise give false information on the origin of other Content.
3.3. – The creation of an ABOCA account is restricted to individuals who have the ability to give valid consent to accept these Terms and Conditions. For minors under 18 years of age, providing that they are not under 14 years of age, the relative consent may be given by the subjects exercising parental authority who, moreover, undertake to supervise the Website activity of the subjects for whom they have given consent.
3.4. – ABOCA Services must not be used: (i) in a way that causes or may cause, interruptions, damages and/or malfunctions to the Services, or the Website, or (ii) for purposes not permitted by law, or to engage in illegal activities, or (iii) to inconvenience, harm or apprehend any third party. ABOCA reserves the right to deny access to the Website and/or Services, to suspend or terminate an account and to remove or modify the Website’s contents, in the event of a violation of the provisions of applicable law or these Terms and Conditions.
4. - Reviews, Comments, Communications.
4.1. – ABOCA does not employ any systems of prior verification of the Content and reserves the right to remove and/or edit any Content that does not comply with the provisions of these Terms and Conditions. This does not include cases in which any liability is attributable to the failure of ABOCA to remove illegal content following the receipt of an appropriate notice. The Customer agrees to release and indemnify ABOCA from any damages arising from or in any way connected with Content provided by ABOCA.
4.2. – The registered Customer may publish reviews, comments and other communications and submit suggestions, ideas, comments, photographs, drawings, texts, questions or other information (the “Content”), provided that the Content is not unlawful (i.e. obscene, intimidating, defamatory, does not infringe privacy, the intellectual and/or industrial property rights of ABOCA and/or third parties or are not in any other way detrimental to ABOCA and/or third parties or deplorable and is not or does not contain viruses, political propaganda, commercial solicitation, mass emails or any other form of spamming).
5. - Copyright.
5.1. – All Content available through ABOCA services, such as text, graphics, logos, images, audio and/or video files, digital downloads, data collections, software, etc. is the exclusive property of ABOCA or its suppliers and is protected by intellectual and industrial property law.
6. - Customer service.
6.1. – It is possible to request information, send communications, request assistance or make complaints by contacting ABOCA Customer Services (“Customer Service”) in the following ways:
- By email, to one of the addresses listed in “all contacts”, through the specific contact form on that page (link: https://www.abocashop.com/pages/contatti) and by telephone, on the number 0575733589 which is open Monday to Friday, from 9:00 to 13:00, and from 14:00 to 18:00.
6.2. – ABOCA will do its utmost to respond to complaints submitted within 5 (five) working days of receipt of a complaint or, in any case, as soon as possible.
7. – Purchase methods and scope of application
7.1. – The offer and sale of Products through the Website are considered a distance contract pursuant to Articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005, as amended ("Consumer Code") and Italian Legislative Decree no. 70 of 9 April 2003, containing the rules on electronic commerce.
7.2. – the applicable Terms and Conditions are those in force on the date of the purchase order submission and are available in Italian.
7.3. – Should the purchase order that has been submitted have to be immediately cancelled for any reason whatsoever, pursuant to and in accordance with art. 1456 of the Italian Civil Code, the Customer will be informed of the cancellation of the order by email and, if the payment has already been processed, ABOCA will reimburse the total amount paid, including the purchase price of the Product, the shipping costs, if applied, and any other additional costs, as indicated in the purchase order form, in accordance with the methods and times provided for in relation to the method of payment chosen.
7.4. – In order to complete the purchase of the Products, after creating an Account, the Purchaser may proceed with the purchase of the Products and directly carry out the following activities amongst others: a. save and modify his personal data; b. access all the information relating to orders and returns; c. check the status of the order; d. manage his personal data and update it at any time; e. use the dedicated services that can be activated from time to time; f. modify the consent to the processing of his personal data by ABOCA for the communication of thematic newsletters, marketing and profiling.
8. – Obligatory information
8.1 - In accordance with Italian Legislative Decree 9 April 2003, no. 70 on electronic commerce, ABOCA informs the Customer that: a) in order to conclude the contract for the purchase of one or more Products through the Website, the Customer must complete an order and transmit it to ABOCA electronically, following the instructions that will appear from time to time on the Website; b) the contract is completed when the order arrives at ABOCA’s server; c) before proceeding to the transmission of the order, the Customer may detect and correct any data entry errors by following the instructions on the Website or by modifying the order; d) after the transmission of the order, the Customer may modify it by accessing the appropriate area of the Website and following the instructions that will appear on the Website, until it is highlighted that the order is no longer modifiable because the product is in preparation for shipment, which does not in any way exclude the right of withdrawal referred to in art. 13 which follows. e) once the order has been received, ABOCA will send a confirmation of the order to the email address indicated by the Customer which will contain: a summary of the general and particular conditions applicable to the contract, information regarding the essential characteristics of the product purchased, a detailed indication of the price, means of payment used, delivery costs and any additional costs, as well as information on the right of withdrawal and, in particular, the instructions for activating this withdrawal and the form relating thereto; f) the order will be stored on the ABOCA database for the time necessary for the execution of the contract and, in any case, within the legal terms; the essential elements of the order will be reported in the confirmation of the order.
9. – Product availability
9.1. - The products offered are those shown on the homepage of the Website and/or within the various web pages of the Website when the Customer orders.
9.2. - On the product page, you will find information about the availability of each product. Product availability is continuously monitored and updated.
9.3 - In the event that the Product is no longer available for purchase, (e.g., multiple Customers purchase the same Product at the same time), ABOCA will immediately notify the Customer by email. As an alternative and without prejudice to this right, the Customer may accept one of the following proposals from ABOCA: (a) where a replenishment of the Product is possible, an extension of the terms of delivery, with an indication by ABOCA of the new delivery date for the replenished Product; (b) in the event that a replenishment of the Product is not possible, ABOCA will reimburse the Customer for the value of the Product ordered. The Customer shall promptly notify ABOCA of his choice when he is contacted by Customer Service.
9.4. - In the case of orders for a number of products (a “multiple order”), if the unavailability concerns only some of the products in the multiple order – without prejudice to the rights conferred to the Customer by the law in force and without prejudice to the application of Art. 9.2 above, if the unavailability concerns all the products in the order - ABOCA will immediately notify the Customer (by email) that it can accept one of the following ABOCA proposals: (a) where a replenishment of the Products in the multiple order is possible, an extension of the terms of delivery for these products, with an indication by ABOCA of the new delivery date for these Products; (b) in the event that a replenishment of the Product and/or Products is not possible, ABOCA will reimburse the Customer for the value of the Product and/or Products ordered. The Customer shall promptly notify ABOCA of his choice when he is contacted by Customer Service.
9.5. - In the event that the Purchaser exercises the right to terminate the contract pursuant to Article 61, paragraphs IV and V of the Consumer Code, the purchase contract for the product and/or products which have become unavailable shall be partially terminated, in respect of that product(s), with the consequent refund, if already paid, of the amount due in relation to those products, including delivery costs, calculated as specified in clause 12.6, and any additional costs that are due relating to these products (“Partial Amount Due”),
9.5.1. – The resolution of the entire Multiple Order will only be possible in the case of the clear and proven unavailability of the other products in the multiple order. The partial amount due in relation to the product(s) that has become unavailable will be refunded without undue delay to the Customer and, in any case, within 15 working days of the order being transmitted. The refund amount will be communicated to the Customer by email. In case of payment by credit card or PayPal, this amount will be credited to the same means of payment used by the Customer for the purchase. Any delay in the credit may depend on the bank, credit card type or payment solution used.
10. - Features.
10.1. - Each Product is accompanied by an information sheet which explains its main features (“Product Sheet”). For the purposes of the purchase contract, the description of the product contained in the order form transmitted by the Customer shall be deemed accurate.
10.2. - All Product prices published on the Website are expressed in Euros and include Value Added Tax. The price charged to the Customer will be that indicated on the Website at the time of placing the order and no account will be taken of any changes (increases or decreases) after order transmission.
11. - Purchase orders.
11.1. - In order to place an order for a product through the Website, you must read, carefully review and understand these Terms and Conditions. By sending your order, the Terms and Conditions are deemed to be accepted.
11.2 – Purchase orders and on-line payments are expressly reserved for persons over the age of 18 who, with the confirmation of the order, declare that they are over that age.
11.3 – in order to finalise the contract for the purchase of one or more Products through the Website, the Customer will select the Products required and fill out and transmit the order form electronically, according to the instructions given from time to time on the Website. The purchase order transmitted by the Customer is valid as an offer of purchase.
11.4 The confirmation of the order transmitted to the Customer, summarising the Customer’s order data, is valid as acceptance of the offer and thereby completes the contract.
11.5 The Customer authorises Aboca to charge the amount shown to the means of payment indicated by the Customer in his account, as the price of purchase of the Products.
11.6. - In case of payment by PayPal, ABOCA will ship the products only after having received confirmation of the success of the payment for the total amount due.
11.7. - Ownership of the Products will be transferred to the Customer at the time of shipment, to be understood as the moment of delivery of the Product to the Courier in the case of payment by PayPal.
12. - Payment
12.1 The Customer undertakes to pay the price in full at the time of sending the purchase order.
12.2 The Customer may pay in the following ways: Credit Card, Paypal, Shop Pay and Google Pay.
Paypal Terms --> https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
Shop Pay Terms --> https://pay.shopify.com/terms-of-service https://www.shopify.com/legal/privacy
Google Pay Terms --> https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=Customertos&ldr=IT
12.3. - If Aboca does not receive confirmation of the payment made by the Customer, the purchase order will be cancelled and the Customer will need to submit a new purchase order.
12.4. – In the event that the transaction fails, the order will not be completed or created. The delivery period indicated during the purchase process shall run from the day of payment.
12.5. - In the event of termination of the purchase contract and in any other case of a refund, the refund due to the Customer shall be credited to the Customer's account. The time for accreditation onto the payment device linked to this account depends exclusively upon the banking system used. Once the credit order has been placed in favour of this account, ABOCA cannot be held responsible for any delays or omissions in crediting the Customer with the amount of the refund. In order to contest these delays or omissions, the Customer should contact the payment services used directly, through its customer service.
13. - Delivery.
13.1. – Delivery of Products purchased on the Website is made both in Italy and abroad to the shipping address indicated by the Customer in the order form (home delivery).
13.2. – At the moment of shipment, an e-mail will be sent to the Customer confirming delivery to the courier as well as the link containing the tracking number by which the Customer can verify the shipment status (“Communication of the shipment”). The Customer may also verify the status of the shipment through the “My Orders” section of his account.
13.3. – During the purchase process, before the Customer transmits the order, the specific terms within which ABOCA commits to deliver the Products will be indicated for the Customer’s specific order, which take into account both the delivery zone and the possibility that the Customer purchases several products within the same order. The delivery terms begin from the moment the order is placed, unless otherwise indicated. If the delivery period is not indicated, it shall in any event take place within 30 days of the date of conclusion of the contract.
13.4. – Additional charges may apply for delivery to certain areas. This cost will also be specifically indicated by a link accessible from the Product Page and, in any case, in the order summary before the Customer transmits the order.
13.5. – The cost of delivery is borne by the Customer. The delivery charge due in relation to a specific order and which may vary according to the place of delivery (Italy and abroad), is expressly and separately indicated (in Euros and including VAT), during the purchase process, in the order summary and, in any case, before the Customer transmits the order, as well as in the order confirmation email.
13.6. – In the case of multiple orders, should it be necessary to refund the delivery costs, ABOCA will refund the full cost of the delivery costs only in case the withdrawal or termination concerns all of the products referred to in the multiple order.
13.7. – Delivery is considered to be fulfilled by the transfer of material availability or control of the Products to the Customer. Delivery is limited to street level, unless otherwise advised, from Monday to Friday during normal office hours (9 a.m. to 6 p.m.), excluding national holidays.
13.8. - The Customer acknowledges that the acceptance of the Product is a binding obligation under the purchase contract. In case of failed delivery due to the absence of the recipient at the address specified in the order, the courier will leave a notice for the collection of the package and the Customer shall collect the product within 7 calendar days starting from the second day from the date of the delivery notice (“Delivery notice”). Once the storage days have elapsed, the product will be returned to ABOCA's warehouse. If the Customer does not respond, they will be refunded the total amount due if already paid.
13.9. - Without prejudice to the application of the rules on the right of withdrawal, and the legal guarantee of conformity, it is the responsibility of the Customer to verify the condition of the Product delivered. When the Customer, or a third party designated by the Customer other than the courier, takes physical possession of the Products, the Customer is advised to verify the number of Products received and that the package is intact, undamaged, not wet or in any way affected, including the packaging materials, and is invited, in its interest, to indicate on the courier's transport document any anomalies, accepting the package with reservation.
13.10. – The unreserved receipt of the Products by the Customer doesn't entitle him to take legal action against the courier in the event of loss or damage to the Products, except in the event of wilful misconduct or gross negligence on the part of the courier and except for partial loss or damage not recognisable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows evident signs of tampering, the Purchaser is advised to promptly notify Customer Service.
13.11. - In the event that the purchased product fails to be delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, according to art. 61 of the Consumer Code, the Customer invites ABOCA to deliver within an additional time limit appropriate to the circumstances. If the above period expires without the Products being delivered to him, the Customer is entitled to terminate the contract, without prejudice to the right to compensation for the damage. The Customer will not be obliged to grant ABOCA the Additional Time in the following circumstances: a) ABOCA has expressly refused to deliver the Products; b) compliance with the delivery date indicated during the purchase procedure and in the order confirmation must be considered essential, taking into account all the circumstances which accompanied the conclusion of the contract; c) the Buyer has informed ABOCA, before the conclusion of the contract, that delivery by a given date is essential. In the Excluded Cases, if the Buyer does not receive the Products within the delivery period indicated during the purchase process and in the order confirmation, he is entitled to terminate the contract immediately, without prejudice to his right to compensation for damages.
13.12. – In any case, ABOCA undertakes to notify the Customer, promptly and by email, of the delay in the delivery of the Product to the courier, indicating at the same time the new delivery time, if available, and communicating to the Customer all redress and protection to which they are entitled.
13.13. - The Customer may accept the new delivery term, including tacitly, without prejudice to his right to refuse the delivery, to terminate the contract and to avail himself of the ordinary legal means of protection and, in particular, Chapter XIV, Title II, Book IV of the Italian Civil Code.
14. - Right of withdrawal
14.1. – As a consumer, the Customer has the right to withdraw from the purchase contract without having to provide any reason or bear costs other than those foreseen below, within fourteen calendar days (the “withdrawal period”). The withdrawal period shall expire 14 days after: a) in the case of an order relating to a single product, the day on which the Customer, or a third party other than the courier and designated by the Customer, takes physical possession of the product; b) in the case of a multiple order with separate deliveries, the day on which the Customer or a third party other than the courier and designated by the Customer, takes physical possession of the last Product; Or (c) in the case of an order relating to the delivery of a product consisting of multiple batches or pieces, the day on which the Customer or a third party other than the courier and designated by the Customer, acquires physical possession of the last batch or piece.
14.2. – In order to exercise the right of withdrawal, the Customer must inform ABOCA of its decision to withdraw before the expiry of the withdrawal period. The Customer may use the standard withdrawal form for this purpose, which is made available to him through the Website before the conclusion of the contract (“Standard Withdrawal Form”).
14.3. – If the Customer avails himself of the Declaration of Withdrawal, he is asked for the order number, the product(s) for which he/she intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the withdrawal period lies with the Customer, it is in the interest of the Customer to avail himself of robust support when communicating his withdrawal to ABOCA. The Standard Withdrawal Form or Declaration of Withdrawal must be sent to the following address: servizioclientishop@aboca.it.
14.4. – The customer shall return the Products to ABOCA, using a courier of his own choice and at his own expense, without undue delay and in any case within 14 calendar days of the date on which he has notified ABOCA of his decision to withdraw. The deadline is met if the Customer returns the Products before the end of the fourteen-day period. The product (suitably packaged) must be sent to the following address: Aboca S.p.A. Azienda Agricola, Via della Liberta 37/ter, 06010 Pistrino di Citerna (PG), Italia. The direct cost of returning the Products to ABOCA is borne by the Customer. In the case of goods which by their nature cannot normally be returned by post, the cost of the return of such products by a specific courier shall be indicated, together with the courier name. The information on the exercise of the right of withdrawal is made available to the Customer through the Website before the conclusion of the contract and is reported in the order confirmation.
14.5. - If the Customer withdraws from the contract, ABOCA will provide a refund, inclusive of delivery costs, without undue delay and in any case no later than 14 calendar days from the day ABOCA has been informed of the Customer’s decision to withdraw from the contract. The refund will be made to the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. In any case, the Customer shall not incur any cost as a result of such refund. The refund may be suspended until the Products have been received or the Customer has demonstrated that the Products have been returned, if any.
14.6. - The Customer shall only be liable for any decrease in the value of the goods that is the result of any handling of the Product that differs from that necessary to establish the nature, characteristics and operation of the Product. The Product must in any case be stored, handled and inspected with normal care and returned intact, with all its parts complete, fully functional, complete with all accessories and illustrative leaflets, with the labels, where present, still attached to the Product, as well as perfectly suitable for the use for which it is intended and without signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be applied to parts and/or accessories of the Product.
14.7. - In the event that the withdrawal has not been exercised in accordance with the applicable law, it shall not result in the termination of the contract and, consequently, the Customer shall not be entitled to a refund. ABOCA will notify the Customer within 5 working days of receipt of the product, rejecting the request for withdrawal. The Product shall remain available to the Customer for collection from ABOCA which shall take place at the expense and under the responsibility of the Customer.
14.8. - In the event that the product to be refunded has reduced in value resulting from a manipulation of the good different 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. ABOCA will inform the Customer of the circumstance and the consequent reduction in the amount of refund within 5 working days of receipt of the Product, providing to the Customer, in case the refund has already been paid, with the bank details for the payment of the amount due by the Customer due to the decrease in value of the product.
14.9. - The right of withdrawal is excluded in the case of the supply of tailor-made or personalised products, of sealed products which are not suitable for return for hygiene reasons or for health protection reasons which have been opened after delivery (e.g. cosmetic products), products that are likely to deteriorate or expire rapidly, i.e., when sealed audio or video recordings (such as a DVD or music CD) or sealed computer software have been opened after delivery are provided. The provision of audio or video recordings from which the SIAE stamp has been removed is considered open. The right of withdrawal is, moreover, excluded in the further circumstances referred to in art. 59 of the Consumer Code.
14.10. - In the event that, by resorting to one of the legal circumstances, the right of withdrawal does not apply, the exclusion will be specifically and expressly communicated on the product page and, in any case, during the purchase process, before the Customer proceeds to the transmission of the order.
15. – Warranty and defects in conformity
15.1. - All products offered through the Website are covered by the legal warranty of conformity provided by art. 128-135 of the Consumer Code (“Legal warranty”).
15.2. – The legal warranty is reserved for consumers. It is therefore applied only to users who have made the purchase on the Website for purposes outside the business, commercial, craft or professional activity that may be carried out. Those who have purchased on the Website and who are not classed as consumers will be subject to the guarantees for the defects of the sold thing, the warranty for quality defects promised and essential and the other warranties provided by the Civil Code with the relative terms, lapses and limitations.
15.3. - The Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product which becomes apparent within two years of its delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within a period of two months from the date on which it was discovered. Unless proved otherwise, it shall be assumed that the lack of conformity which becomes apparent within six months from the delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity. As of the seventh month from the delivery of the Product, it shall be the consumer's burden to prove that the lack of conformity already existed at the time of the delivery of the Product. In order to benefit from the Legal Warranty, the Customer must therefore first provide proof of the date of purchase and delivery of the Product. It is therefore appropriate for the Customer to keep the order confirmation or purchase invoice, or the delivery note, if applicable, or any other document that can attest to the date of the purchase for the purposes of such proof.
15.4. - A conformity defect exists when the purchased Product a) is not suitable for the use for which goods of the same type are normally used; b) does not conform to the description provided by the seller and fails to possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) lacks the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, also taking into account statements made in advertising or labelling; d) is not suitable for the particular use intended by the consumer and which has been brought to the seller's attention by the consumer at the time of entering into the contract and which the seller has accepted. Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the Purchaser or by a use of the Product or Digital Content that does not comply with its intended use and/or with the technical documentation attached to the Product and/or, as the case may be, with that indicated on the Product Page, are excluded from the scope of the Legal Warranty.
15.5. - In the event of a lack of conformity duly reported within the terms, the Purchaser is entitled: - primarily, to repair or replacement of the goods free of charge, according to his preference, unless the remedy requested is objectively impossible or excessively expensive compared to the other; - secondarily (if repair or replacement is impossible or excessively expensive or repair or replacement has not been carried out within a reasonable time, or a repair or replacement previously carried out has caused significant inconvenience to the consumer) to reduce the price or terminate the contract, according to the consumer’s preference. The remedy requested is excessively expensive if it imposes costs on the seller which are unreasonable in comparison with alternative remedies available, taking into account (i) the value the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy can be carried out without significant inconvenience to the consumer.
15.6. - In the event that a Product purchased on the Website, during the period of validity of the Legal Warranty, manifests what may be a defect of conformity, the Customer may contact Customer Service at the number indicated below. ABOCA will promptly acknowledge the communication of the presumed conformity defect and will indicate to the Customer the specific procedure to be followed, including taking into account the category of goods to which the product belongs and/or the defect described.
15.7. - In the event that there is a Service Centre which is authorised by the manufacturer (“CAT”) for the product, ABOCA will collect the product and send it to the CAT that is territorially competent, it being understood that ABOCA is the business responsible for the application of the legal warranty. CAT will carry out the necessary checks to ascertain whether or not the complaint is valid. In the event that a defect exists, if the Customer has chosen its repair from the available remedies, CAT will proceed. If, on the other hand, the Customer has chosen replacement and it is not excessively onerous or objectively impossible with respect to the repair for ABOCA, then ABOCA will replace the product. If CAT finds the lack of conformity, the cost of repair, replacement and transportation will be borne by ABOCA. If CAT does not find the product to be defective in conformity, the Legal Warranty will not be applicable and, consequently, any repair and transportation costs will be borne by the Customer. ABOCA will inform the Customer of this instance and any costs to be incurred and reserves the right to send the Customer the CAT estimate for the repair, so that the Customer can decide whether or not to proceed with the repair at his own expense. The Customer shall authorise the repair at his own expense and accept the costs and methods of payment thereof in writing. Following such acceptance, a direct relationship shall be established between CAT and the Customer to which ABOCA shall be entirely foreign and with respect to whom no liability shall be imputed. Repair or replacement of defective products, if necessary, will be carried out as soon as possible and, in any event, except in the event of a failure or force majeure, or in cases of particular severity, within 60 calendar days of the day ABOCA received the defective product. Within this period, the new or repaired product will be delivered to the Customer. In the event that the remedy (repair or replacement) initially chosen by the Customer is not made within the indicated time limit, the Customer may request one of the alternative remedies provided by the Legal Warranty (substitution, in the case in which the repair has been requested; repair, in the case in which the replacement has been requested; a price reduction or the contract termination).
15.8 - In the event that there is no CAT for the type of product, the product will be picked up by ABOCA, who will verify whether the reported defect exists. The provisions and terms set out in the preceding Article shall apply, insofar as they are compatible. ABOCA reserves the right to ask the Customer to attach the order confirmation and/or the DDT or other document that proves the date of purchase and the date of delivery to the request in order to use the Legal Warranty of Conformity.
16. - Applicable law and Competent authority.
16.1. - These Terms and Conditions and the individual purchase orders accepted are governed by Italian law.
16.2. - For any dispute concerning the application, execution, interpretation and violation of these Terms and Conditions and of the individual purchase orders accepted, including any action relating to contractual and non-contractual liability, the court of the town of residence or domicile of the Purchaser (Consumer), if located in Italy, is exclusively competent under the Consumer Code.
17. - Customer Service and complaints
17.1. – It is possible to request information and assistance, send communications, or make complaints by contacting ABOCA Customer Service (“Customer Service”) at the following addresses:
by email: servizioclientishop@aboca.it
by telephone: 0575733589
18. - Changes.
18.1. - ABOCA reserves the right to make changes to the Services, Policies and current Website Terms and Conditions at any time to offer new Products and/or Services or to comply with changes in the laws and regulations.
19. Vaxatious clauses
Having read these Terms and Conditions, the Customer declares pursuant to and for the purposes of art. 1341 of the Italian Civil Code, that he/she fully accepts and specifically approves the clauses referred to in Articles 8. Compulsory information; 11. Purchase orders; 13. Delivery; 14. Right of Withdrawal; 15. Warranty and defects in conformity; 16. Applicable law and Competent authority.
