The present terms and conditions apply to the contract of sale between the purchaser who buys online on the internet store www.almostthere.eu (hereafter known as the ‘Purchaser’) and e Almostthere Srl Via Francesco de Sanctis, 34 20141 Milano P.IVA/C.F. 08368240969 (hereafter known as the ‘Vendor’).
1. Contents of the general sales conditions
The following general sales conditions apply to all the sales contracts between the Purchaser and the Vendor through the site www.almostthere.eu. Every contract is subject to the general sales conditions version published on the site at the time when the contract is finalized (see art.3). ‘Purchaser’ shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a “Purchaser”, please refrain from buying any products from www.almostthere.eu. Any alteration proposed by the Purchaser will not change the general conditions of sale unless they are expressly accepted in writing by the Vendor.
2. Contract parties and geographical area
The online store www.almostthere.eu is intended for the exclusive use of consumers; it is therefore reserved for retail sales. Claims regarding the site and home delivery to the final Purchaser must be addressed to the Vendor. Before commencing the purchasing procedure, the user must select his Country Location. Please note that this choice is binding as far as registration with the website is concerned, as the residential address indicated during the registration phase must be included within the Country of Residence, as far as the delivery address of the purchased products is concerned, as this address may differ from the residential address, but must still be located within the Country of Residence. The products offered for sale through www.almostthere.eu will be delivered to the Purchasers who indicate an address which is situated in one of the countries included in the list of countries published on the. If the requested country of dispatch is not one of those available at the time of the order, please contact our Customer Care: email@example.com
3. Finalizing the contract
All the information on the products published on www.almostthere.eu, such as technical specifications, images, dimensions or compatibility particulars are not binding and are subject to alteration at any time, unless they are expressly mentioned as being binding. In the event that the Purchaser is misled by the above indications, he may withdraw the purchase as indicated in our Return Policy. The offers on www.almostthere.eu are not binding for the Vendor and do not constitute an offer to the public, but are only ‘invitatio ad offerendum’. The purchase order made by the Purchaser constitutes a binding contract. The purchase order is accepted by the Vendor through an order receipt sent via e-mail; the order receipt contains part of the sale conditions, the description of the product features, the main elements of the contract (price, means of payment). The Contract is finalized between the parties and becomes effective when the Purchaser receives the order receipt. The order and the order receipt are considered to be received when the parties addressed are able to access the telematic messages. In the event that the Purchaser does not receive the order receipt or any other communication from the Vendor within 24 hours of the forwarding of the order, the Purchaser is required to contact the Vendor in reasonable time by sending an e-mail to the e-mail address: firstname.lastname@example.org
4. Purchase of Products
The Products in the Catalogue may be purchased by selecting them and subsequently dropping them into the appropriate cart. Once the selection of Products is completed and the Purchaser wishes to proceed to the purchase of the products placed in the cart, the Purchaser will be asked to provide the data required for the purposes of establishing the Contract. In particular, the Purchaser will be required to provide personal data in a proper section of the site, an e-mail address, any additional address for the delivery of the Products (where necessary), and a telephone number where he can possibly be contacted in order to communicate to him the delivery date. For accounting reasons, the Vendor reserves the right to verify general information left by the Purchaser. In the event of payment by credit card, the total price of the purchase will be debited to the Purchaser after the Contract is finalized.
5. Delivery of goods
Delivery will be made by SDA Express Courier S.p.a. during normal business hours, Monday to Friday. The information on the General Terms and Conditions of Carriage (hereinafter also “GCT”) apply to services provided by SDA Express Courier S.p.A. (hereinafter “SDA”) will be made accessible on the site www.sda.it.
6. Prices and dispatch costs
The price of the Products is the one indicated on the site on the day the order is made and before the order is actually issued. The prices indicated concern the product price. According to the country of delivery, at the time of ordering the product and before its completion, it will be possible to view the cost related to the delivery. Any other costs, charges, fees and/or indirect taxes, that a certain country may apply for any reason to the such product, will be charged to the Purchaser. The Purchaser, by accepting the present conditions, declares that the lack of notice regarding such costs, charges and/or indirect taxes will not give him the right to cancel and will not in any way be debited to the Vendor. It is Purchaser’s responsibility to pay the fees, taxes and other appropriate charges in his country of residence. Purchaser releases Vendor from the payment of such fees, taxes and charges.
All orders placed online at the www.almostthere.eu website can be paid for by:
a) Credit Card
We take payment from your credit card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.com.
b) Direct Bank Transfer
Make your payment directly into our bank account. Please use your Order ID as the payment reference. Your order won’t be shipped until the funds have cleared in our account.
C/C n. 000000002427, Credito Valtellinese, agenzia 9 di Milano.
(IBAN IT27I0521601612000000002427) payable to Almostthere Srl.
c) Cheque Payment
Please send your cheque to Almostthere Srl, V. Francesco de Sanctis 34, 20141, Milan, Italy.
Your order won’t be shipped until the funds have cleared in our account.
8. Legal guarantee of the Vendor
The Vendor will issue a valid guarantee for the product covering non-conformities with the quality required and declared on the contracts, according to and in application of Directive 44/99/CE. The guarantee enables the Purchaser, in the event of a defect or non-conformity of the product, to obtain the repair of the product (if possible), replacement of the product, a reduction of the price, or resolution of the contract by applying directly to the Vendor, within a reasonable period of time which depends on the nature of the goods. The guarantee does not cover any use of the goods which does not comply with its intended use as established by the Vendor/Manufacturer. Any claims must be accompanied by the evidence of their purchase (receipt, fiscal document issued by the Vendor/ proof of the payment).
9. Responsibility for the product
The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 – (Consumer Protection Code) are applicable to any damages caused by defective products. The Vendor, in its capacity as distributor of the products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.
10. Return Policy and Right of Withdrawal
The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale for any reason, without having to provide any explanation and without incurring any penalty, within 14 (fourteen) days from the day on which the Products ordered are received.
To exercise the right to withdraw, you shall give us written notice of your withdrawal. This can be done by writing to us at Almostthere Srl, Via Francesco de Sanctis, 34 20141 Milan (Italy). You must include your order number in the written notice, and clearly specify which goods you wish to return.
The products must be returned in the same condition as they were received, that is, in a perfect state of conservation, complete with all their unused components, with the original packaging and with any attached manuals. The Purchaser will be responsible for all transport risks during the return of Products. The Vendor will accept delivery of the returned Products, reserving the right to verify that the same have been returned in the same condition as they were when delivered to the Purchaser. If necessary, the Purchaser shall replace the original wrappings on the Products with additional protective packaging to preserve and protect them during delivery; all necessary stickers and labels should also be applied. The Vendor will refund the Purchaser the total amount paid for the purchase of the Products with no charge except for transport costs and possible duties, within the terms set by law, and on condition that the Products have been returned in accordance with the above.
In the case of a return, the amount you paid for the purchase will be refunded to you through a bank transfer.
The Purchaser will be responsible for sending the Vendor, using the e-mail address email@example.com the bank details for the latter to be able to transfer the refund.
The Purchaser will be entitled to return any faulty Product/s writing 10 days from detecting the defect. The Vendor will accept the return of faulty products, reserving all rights to inspect and test the product to assess relative quality levels or non-conformities. If the tests confirm a non-conformity, the Vendor will refund the Purchaser for all costs incurred to return the faulty product, and replace the Product with an equivalent item or refund the purchase price plus all delivery expenses.
11. Any other queries
If you have any other queries, please do not hesitate to contact us by sending an e-mail to the e-mail address: firstname.lastname@example.org.
All the contents of www.almostthere.eu are protected by copyrights. All rights belong to Almostthere Srl. This Internet site may not be reproduced in whole or in part, transferred using electronic or traditional methods, modified, linked and used for public or commercial purposes without the prior written consent of Almostthere Srl.
13. Applicable legislation and jurisdiction
The legislation applicable is the Italian law, but the Purchaser cannot be denied rights applicable by the Laws in his own country.
Any disputes which may arise or are related to these “General Sales Terms and Conditions will be referred to the jurisdiction of the Court as defined by the Consumer Code regulations (Legislative Decree n. 206 dated September 6 2005). If there are professional business relations between the Parties all disputes will be the jurisdiction of the Court of Milan.
14. Conclusive arrangements
If any clause of the present general terms and conditions should be invalid or should become invalid at a later date, this will not effect the validity of the rest of the present contract and the invalid clause shall be replaced with a clause that represents as faithfully as possible the original intent and economic purposes of the Parties or with an appropriate legal arrangement. The Vendor reserves the right to amend the present general terms and conditions at any time. The amended general terms and conditions will be made accessible on the site www.almostthere.eu
All user data are protected to the best of our abilities against loss, falsification, manipulation and improper use by third parties. For further information of a legal nature relating to the processing and protection of user data, please read the Policy published on the site.
16. Force Majeure – Acts of God
The Vendor disclaims all and any liability for total or partial non-fulfilment of any obligations related to these General Sales Conditions, if such non-fulfilment is caused by unforeseeable events and/or Acts of God beyond the control of the Vendor including, for instance but not limited to, natural disasters, terrorism, network malfunctions and/or blackouts.