1. About ElettroWebStore
ElettroWebStore is an online shop of ELCA S.r.l. The shop responds to e-mail and telephone numbers 377/2226242.
ELCA S.r.l. is a company under Italian law with its registered office in Pescara (65128), Via Tiburtina 144, VAT and tax code 00907300685.
ElettroWebStore's online shops, operating on different marketplaces, specialise in the sale of household, hardware, electrical, bathroom and similar items, exclusively online and without the possibility of direct pick-up at the premises.
2. Rules governing the execution of the distance selling contract in the ElettroWebStore online shop
The distance sales contract between a professional seller and a consumer, defined as a private purchaser not professionally engaged in an economic activity (for simplicity, one who buys without requesting an invoice and without a VAT number) is governed by the Consumer Code, Legislative Decree No 206 of 06/09/2005 as amended.
All transactions between ElettroWebStore and consumers are governed by the following. Conversely, transactions between ElettroWebStore and purchasers engaged in business and/or professional activities and/or similar are excluded from the scope of the Consumer Code. For such customers, only the general sales rules apply and those specifically reserved for consumers are excluded.
This includes all sales that the consumer makes by mail order or, in any case, on the basis of a catalogue that he has had the opportunity to consult without the presence of the trader, as in the case of the online catalogues of our shop.
The online catalogues, although up-to-date and exhaustive, are subject to change without prior notice by the suppliers or by ElettroWebStore itself without this entailing any obligation to inform ElettroWebStore and/or any liability to pay compensation to the consumer/customer even in cases where the purchaser, had he been informed in good time of the product's discrepancy with respect to the catalogue, would not have made the purchase or would have done so differently. In such cases, the purchaser's right to make use of the right of withdrawal, as the case may be, remains unaffected.
Pursuant to Art. 46 para. 2 of the Consumer Code cited, are excluded from the application of the rules of the Consumer Code contracts having as their object the supply of goods or the provision of services for which the total consideration to be paid by the consumer does not exceed the amount of EUR 26.00 including VAT, excluding incidental expenses that are specifically indicated.
Unless specifically agreed otherwise with the Customer, ElettroWebStore undertakes to execute the order within thirty days from the day following the day on which the consumer concluded the purchase.
In case of unavailability within the agreed time of the product, ElettroWebStore undertakes within thirty days to inform the consumer/customer and to refund any sums already collected, normally through the same payment system already used by the Customer, unless otherwise agreed. Only and exclusively after agreement with the Customer, even by email, ElettroWebStore will provide a different supply from the one requested, which may be of equivalent or higher value or of lower value with compensation for the difference, according to agreements to be defined specifically.
3. Right of withdrawal for online sales
For all transactions carried out between ElettroWebStore and a person who can be defined as a 'consumer', the latter has the right to withdraw without penalty and without giving any reason, within a period of fourteen days from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the goods.
In order to exercise the right of withdrawal, it is sufficient for the consumer to send the communication to ElettroWebStore through the appropriate procedure on the website or, if not active, an email to the address in which he/she clearly indicates the details of the transaction (transaction number, date of purchase, buyer's nickname, quality and quantity of the goods subject to withdrawal, name who received the goods).
ElettroWebStore will refund all payments received from the consumer, excluding delivery charges, within fourteen days from the day on which it is informed of the consumer's decision to withdraw from the contract, using the same means of payment that the consumer used for the initial transaction. However, ElettroWebStore will not proceed with the refund until it has received the goods returned by the consumer.
If delivery costs are included in the price of the item, for shipments within Italy, they are conventionally set at a minimum of Euro 10.00 per single item shipped. For products with a volume of more than 0.20 cubic metres, the shipping cost is estimated by the following formula: (volume of the parcel in cubic metres)x10/0.20.
If delivery costs are included in the price of the item, for shipments outside Italy, they are conventionally set at a minimum of Euro 20.00 per single item shipped. For products with a volume of more than 0.05 cubic metres, the shipping cost is estimated by the following formula: (volume of the parcel in cubic metres)x20/0.05.
The costs for exercising the right of withdrawal, i.e. for returning the product to ElettroWebStore, are always borne by the consumer.
The consumer shall return the products to ElettroWebStore or to a third party authorised by ElettroWebStore no later than fourteen days from the date on which he/she communicated his/her decision to withdraw from the contract.
The consumer is liable for any diminution in the value of the goods resulting from the handling of the goods other than what is necessary to establish the nature and characteristics of the goods. ElettroWebStore may deny the right of withdrawal in the event that the consumer has purchased disposable products packaged in multiple packages, the packages of which may have been opened, or in the case of products intended to be used for food preparation and which, once opened and used, are no longer suitable to be put on sale once tried. In these hypotheses, the consumer acknowledges that his right of withdrawal is intended to enable him to verify the nature and quality of the products offered in the same way as he would be able to view and appreciate them if displayed in a physical shop visited by him. By analogy, therefore, he/she will not be able to claim the right of withdrawal in the event that he/she carries out such tests on the products that, in fact, place the entire burden of exercising the right of withdrawal on ElettroWebStore, obliging the latter to a loss greater than the sole loss of profit deriving from the failed sale.
4. Exceptions to the right of withdrawal for online sales
Pursuant to the Consumer CodeIt should be noted, however, that the right of withdrawal is excluded in the following cases:
(a) purchase of food and beverages;
(b) the purchase of products that are specifically packaged for the customer or that, upon specific indication in the advertisement, are specially put into production with a single production batch and, therefore, specially customised for the consumer (even if such an article is part of the catalogue and has standard characteristics but for which the supplier's manufacturing techniques require a specific production order);
(c) for the supply of sealed audiovisual products or computer software unsealed by the consumer;
d) for the supply of single-use packaged and/or sealed products that lose their unitary consistency and/or saleability, including for hygienic or related reasons, if opened after delivery;
e) for the delivery of goods which, after delivery, are by their nature inseparably mixed with other goods, even if these are kitchen appliances which, once used, can no longer be restored to their factory condition. In this case, ElettroWebStore reserves the right to offer the consumer the option of withdrawing from the contract against fair reduction of the value to be returned, as compensation for the parts of the product to be replaced in full.
5. Shipping of products in Italy and abroad
ElettroWebStore ships goods to all locations in Italy, operating only with leading couriers (BRT, SDA, DHL). ElettroWebStore ships out of Italy the goods to various foreign locations, operating only with leading couriers (DHL, UPS). The service provided is economical by road.
The goods are always sent to the Customer via a transport and delivery service offered by a third-party carrier, whose effectiveness and quality of performance is monitored by ElettroWebStore.
The customer, when purchasing from ElettroWebStore, acquires the goods "ex our warehouse of departure". This means that the burden of transport and delivery, understood as the cost of the service and responsibility for it, always falls on the purchaser, even when the goods are purchased with the "shipping cost included in the price" promotion. From this it follows that ElettroWebStore will provide the material for courier pick-ups in the best possible packaging conditions in order to enable a service. The Customer may, if interested and logistically possible, provide at his own expense to send a professional courier to pick up the goods, it being understood that ElettroWebStore's warehouses are not open to the public and, therefore, access cannot be granted to personnel who do not have the appropriate material (e.g. safety equipment) and professional requirements (e.g. specific skills and insurance to operate in the goods warehouses) provided by law.
In the event of breakages, defects in transport, or problems related thereto, it is the purchaser's responsibility to check the consistency of the goods and to bear any related costs, ElettroWebStore being in principle exempt from these.
In order to guarantee more protection for the purchaser, the latter can always purchase the shipping insurance service, which protects him/her in the event of damage to the product during transport for causes not attributable to ElettroWebStore.
In the event of problems, ElettroWebStore shall, within the limits described above, offer its customers the greatest possible support in solving problems related to the management of courier deliveries.
The following locations in Italy are considered inconvenient by couriers. Therefore, the generally foreseen shipping and delivery costs will have to be adjusted if necessary during pre-order or post-order: PLEASE NOTE that ElettroWebStore will not be able to ship to the locations indicated below unless the higher costs requested by the forwarding agents who consider these locations as "inconvenient" are acknowledged and paid: LAMPEDUSA AND LINOSA - MONTE ISOLA - CARLOFORTE - CAMPIONE D'ITALIA - TREMITI ISLANDS - GIGLIO ISLAND - SORANO - CAMPO NELL'ELBA - CAPOLIVERI - CAPRAIA ISOLA - PORTO AZZURRO - MARCIANA - MARCIANA MARINA - PORTOFERRAIO - RIO NELL'ELBA - RIO MARINA - PONZA - VENTOTENE - FONDACHELLI-FANTINA - LENI - LIPARI - SANTA MARINA SALINA - TERME VIGLIATORE - ANACAPRI - BARANO D'ISCHIA - CAPRI - CASAMICCIOLA TERME - FORIO - ISCHIA - LACCO AMENO - MONTE DI PROCIDA - PROCIDA - SERRARA FONTANA - USTICA - LIVIGNO - LA MADDALENA - FAVIGNANA - PANTELLERIA - VENICE. In the event that the shipping costs are not reconsidered ElettroWebStore, at its sole discretion, may opt to abandon the sale and consider the contract terminated, returning to the purchaser the amounts paid, notifying him by email.
For shipments outside Italy, it should be considered that the flat-rate charges provided in some advertisements for certain countries are intended only and exclusively for mainland areas and not overseas or, in any case, considered only for areas of normal service by couriers. Therefore, before purchasing the service for your destination, it is advisable to check the coverage areas of the service itself with an appropriate communication. In the event that the necessary shipping costs are not reconsidered and/or these are insufficiently foreseen by the computer systems ElettroWebStore, at its sole discretion, may opt to abandon the sale and consider the contract terminated, returning to the purchaser the amounts paid, notifying him by email.
6. How to behave when the product is delivered
Upon delivery, the courier will ask the Customer receiving the goods to sign a document to prove that he has delivered the parcel to the address or person who was to receive it.
If the Customer notices that the package appears damaged or tampered with, it is necessary to indicate on the document or on the courier terminal the option "acceptance with reservation" followed by the reason for the reservation. For example: damaged parcel, opened, wet, tampered with, etc. This is a formula indicating receipt of the parcel but that something may have gone wrong. This formula indicates receipt of the package but that the transport and delivery service may not have been perfect.
If the customer notices that the parcel is undamaged, but fears that the contents may be damaged (e.g. because it is very delicate), he must still choose the formula for acceptance of the goods with reservation, with the words "accepted with reservation for improper handling" or "accepted with reservation for inspection of undamaged outer packaging".
The reservation will also allow the customer to check the contents at a later date, as the courier may not allow the package to be checked internally until the receipt is signed.
ATTENTION: if the customer accepts the goods without signing any reservation, he admits that the parcel has arrived in perfect condition and for couriers, in such cases, the shipping contract is considered concluded and perfectly fulfilled. Without making reservations, it is impossible to request further performance from the couriers, even if the shipment had been insured.
It may happen that the delivery clerk only offers the receiver of the goods the alternative between signing without reservation and rejecting the shipment. In such cases, it is necessary to insist on collecting the goods by placing a reservation. If, however, the forwarder is adamant, it is advisable not to sign anything and to let the shipment return to the carrier's premises. It is therefore advisable to notify ElettroWebStore immediately so that appropriate action can be taken against the forwarder.
Couriers normally deliver goods in the morning or early afternoon without prior notice. In the case of home deliveries, it is advisable for the customer to instruct a domestic helper or concierge service to collect the goods. Many couriers, however, notify that the goods are being delivered by e-mail and/or SMS.
Failure to collect the goods shall result in the opening of a storage file by the courier, the costs of which shall be charged by ElettroWebStore to the customer. Failure to pay these costs will result in a breach of contract by the customer.
7. Returns and Refunds
The Customer, based on the right of withdrawal and / or specific agreements with ElettroWebStore, may return the goods by following the procedures online on the site or communicated by email, after specific authorisation. Conversely, upon receipt of the unexpected goods, they will not be collected.
The goods must be returned unused, in their original packaging, in perfect condition, clean and immediately saleable.
The burden of return rests with the Customer and the agreed reimbursement takes place within the time frame indicated above.
8. Distributed Logistics
ElettroWebStore has several warehouses offering the logistics service. Therefore, not all goods are shipped in the same way, with the same delivery times and not for all items is combined purchasing possible.
For further information, please contact the ElettroWebStore offices at
9. Confirmation of sale and documentation for tax/warranty purposes
The online sale is configured as an indirect tangible goods sale transaction (sale through intangible channels and receipt through traditional channels of the products), as specified by the Revenue Agency (Resolution No. 274/E of 2009).
This activity is exempt from the obligation to issue an invoice (unless requested by the Customer no later than at the time the transaction is performed) and is exempt from the obligation to issue a receipt or fiscal receipt (pursuant to Article 2, letter oo of Presidential Decree No. 696 of 21 December 1996).
In view of this, and also for the purposes of the guarantee, the consumer should take care to print out a copy of the transaction carried out on one of the online channels and of the relevant receipt showing the payment, made in one of the ways he or she decides to use.
10. Jurisdiction
Only and exclusively in the case in which the individual transaction takes place between ElettroWebStore and a person definable as a "consumer" according to the regulations in force, for any civil dispute the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State. Conversely, the competent court shall be exclusively that of Pescara (PE).
11. Privacy
For the execution of the contract of sale under the above conditions, the Customer declares having received the information on the processing of personal data, pursuant to Legislative Decree 196/2003 and subsequent amendments, and having understood and accepted it. Further information is available on the website of the Garante della Privacy.
More information on the processing of personal data is available at www.elettrowebstore.com/privacy
Last updated: 22/08/2015
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