Contattaci
From the company zerostigmata.it, based in Vico Latilla 15, 80134 - Naples - VAT number: 04527561213
1. Initial Provisions
1.1. These Terms and Conditions (hereinafter referred to as "the Terms") regulate the rights and duties of the Seller and the Customer in accordance with §1751 state of the paragraph of the Law n. 89/2012 Sb., of the Civil Code. They also regulate the rights and duties of the Provider and the User in relation to the User's account.
1.2. The following entities are part of the Terms if they start with a capital letter:
the seller
the seller according to the statute §2079 of the Civil Code, hereinafter called zerostigmata.it
the client
the customer according to the statute §2079 of the Civil Code
the contract
the sales contract concluded between the Seller and the Customer
the Consumer
anyone outside his business and occupation who concludes the Contract with the Seller
website
website intended as the program and application available online at www.zerostigmata.it. Its main function is to show, make the User choose and order the items
Cart
part of the website automatically generated as a result of the Consumer activating certain functions including adding, deleting and modifying that quantity of items
the Provider
the person who allows the use of the User's account; zerostigmata.it
User Account
a part of the website accessible by an individual User, created after Registration and available after confirmation of access data
the user
the person using your Account
2. Your Account
2.1. The User is authorized to create the User Account on the Website to simplify the order creation process
2.2. The User creates the User Account in the following way: Enters the necessary data on the Website, specifically his name, surname, billing address, e-mail address, login data and password and saves the data. At the same time you must accept the Terms and the processing of your data (hereinafter referred to as "Registration").
2.3. We consider the information entered by the User in the User Account to be complete and truthful. Responsibility for any shortcomings lies solely with the User.
2.4. Access to the User's Account takes place through the registration data, i.e. username and password (hereinafter referred to as the "registration data"). The User and the Provider are both obligated to keep this information secret.
2.5. The user is not authorized to have his User Account used by third parties.
2.6. The Provider is entitled to cancel the User's Account, in particular following the User's inactivity for more than one year, or if the Client violates his rights and duties under the Agreement, including the Terms.
2.7. The User is aware of the possibility that his account may be temporarily unavailable, especially in the event of software or hardware maintenance by the Provider or third parties.
2.8. There are similar restrictions for the User in paragraphs 9.9. and 9.10.
3. Conclusion of the Contract
3.1. All products featured on the Seller's Website are for information only and the Seller is not obligated to conclude the Contract relating to such products. Statute § 1732 of the Civil Code cannot be applied.
3.2. If the Customer wants to order the products, he must add them to the cart by selecting the desired quantity of product and filling in the following information fields on the Website:
- a) information regarding the products and their quantities,
- b) information regarding the payment of the amount,
- c) information regarding the delivery, e
- d) information regarding the cost of shipping costs,
- e) information regarding the Customer's name and surname, billing address and e-mail address. If the Customer corresponds to the User, these data are entered automatically (hereafter called "the Order").
3.3. You can verify and modify the information entered, including the possibility of correcting any errors made during the Order.
3.4. The order is final when the Customer clicks on "Order", this is the Offer (hereinafter referred to as "the Offer") and is made by the Customer.
3.5. The Seller confirms the Order to the Customer immediately by email. The Seller sends a confirmation email to the Customer's email address entered in the User's Account or at the time of the Order. When the Seller confirms the Order, he accepts the Contract (hereinafter "Acceptance").
3.6. It is possible to conclude the Agreement in Czech languages.
3.7. The Contract is archived by the Seller for five years in electronic form. The Client can access it through the User's Account.
3.8. Ownership rights are transferred to the Customer upon full payment of the product amount, as stated in the Contract.
4. Terms of Payment
4.1. The Website contains information regarding the products, including the price (hereinafter referred to as "the Price"). The price is inclusive of VAT and other taxes. The Price is valid when published on the Website. This does not exclude the possibility that the Seller can conclude the Contract individually.
4.2. The Customer is obliged to pay the Price of the product including packaging and shipping and delivery costs in the established amount. Unless otherwise expressed, the Price already includes packing costs.
4.3. Costs for means of remote communication do not affect the Price and the Seller may only charge for shipping.
4.4. The Seller is authorized to request full or partial payment before shipping the product to the Customer. Statute §2119, paragraph 1 of the Civil Code does not apply in this case.
4.5. The Price can be paid to the Seller in the following ways:
- a) pay in installments with Klarna,
- b) by direct debit with the PayPal and GoPay portals,
- c) rapid bank transfer
- d) by direct debit via online payment portals
- e) Apple Pay
- f) Google Pay
- g) cash on delivery - €2.30
4.6. The Customer declares the payment method when placing the Order.
4.7. The Customer can change the method only if the Seller approves the change of the payment method. The modification must be proposed to the Seller in writing to his e-mail address or physical address.
4.8. The Seller stipulates the right to prohibit the payment method to the Customer, the payment methods are indicated in paragraph 4.5.
4.9. In case of payment in cash or by credit card, the price is paid at the time of purchase. In case of direct debit, the Price can be paid within 7 days from the moment of conclusion of the Contract. If the price is not paid, the Customer withdraws from the contract.
4.10. In case of direct debit to the Seller's account, the Customer is given a variable symbol upon acceptance. The Client is obliged to pay the price and indicate the symbol.
4.11. In the case of direct debit, the amount must be paid when the money is transferred to the Seller's account.
4.12. In case of a discount received by the Customer from the Seller, it cannot be combined.
4.13. If it is considered common practice, or is indicated in the regulation, the Seller will present an invoice to the Customer considering the payment related to the Contract.
5. Terms of Delivery
5.1. The Seller offers the following delivery methods:
- a) purchase at the Seller's point of sale,
- b) purchase at the place indicated by the Seller on the Website (hereinafter referred to as the "place of delivery"),
5.2. In the event of a special transport request, the Customer bears any additional costs and risks relating to transport.
5.3. If the Seller is obliged to deliver the product to the place indicated by the Customer in the Order, the Customer is obliged to collect the product upon delivery. In case of purchase in person, the limit for collecting the product is set at ten working days.
5.4. If the collection is agreed at the time of delivery, the Seller transfers his responsibility regarding the product when he entrusts the product to the first courier. If the Customer is a Consumer, the Seller fulfills the duties concerning the product when he entrusts the product to the Customer. It does not apply if the Consumer requests the courier without having been offered by the Seeker.
5.5. The Seller or the courier may request identification of the Customer, which can be done using an identity document or passport. Otherwise, the Seller may decide not to deliver the product.
5.6. If the Customer does not collect the product within the limits indicated in paragraph 5.3 of the Terms, the Customer is obliged to pay the costs of storage or return to the sender. The Seller is authorized to sell the product, after informing the Customer by e-mail with due notice regarding the time limits for collection. The Customer may be required to pay for storage and return charges and the Seller is entitled to charge additional charges.
5.7. The Seller is obliged to ship and deliver the products and allow the Customer to dispose of them within fifteen days of the conclusion of the Contract, unless otherwise specified. If the product is indicated "in stock", the Seller will send the product within two working days from the conclusion of the Contract.
5.8. In the event of direct debit to the Seller's account, payment via online portals, the Seller is obliged to ship the product to the Customer within fifteen working days from the day on which the Customer has complied with the payment of the Product Price, unless it is specified otherwise. If the product is indicated as "in stock", the Seller will send the product within two working days of payment.
5.9. If the Seller does not fulfill his duties to ship the product according to the terms of paragraphs 5.7 or 5.8, the Customer will inform him to carry out the shipment within a time limit. If the Seller fails to fulfill his duty within the time limit, the Customer is entitled to withdraw from the contract.
5.10. Documents relating to the products, in particular invoices and certificates, are sent to the Customer by the Seller within two days of collecting the product.
6. Transfer of Risk
6.1. If the product is purchased at the Seller's point of sale or at the place of delivery, the risk of damage is transferred to the Customer upon collection or delivery of the product, from the moment the Customer can dispose of the product.
6.2. In case of assignment to the courier, the risk is transferred to the Customer when the product is entrusted to the courier according to the provisions of the Contract. If the Seller is obliged to pass the product to a certain place, the risk will not be transferred to the Customer if it is transferred to the carrier. The Seller is authorized to keep documentation relating to the product, but this does not affect the transfer of risk. If the Consumer is the Customer, the risk is transferred when the product passes into his hands, this is not yet effective if the Consumer requests transport by courier not offered directly by the Seller.
6.3. The risk is not transferred to the Client unless the product is marked according to the Contract, by a brand and accompanied by documents, or the Client is informed or by other methods.
6.4. The Customer is obliged to pay the Price, even if the product is damaged or lost when the risks have already been transferred to him, unless the damage or Loss was caused by the breach of an obligation of the Seller.
7. Defects, Warranty, Reuse
7.1 The rights and duties of the agreement take place according to the legislation in force, in particular the statutes from § 1914 to 1925, from § 2099 to 2117, and from § 2161 to 2174 of law n. 89/2012 Sb., of the Civil Code.
7.2 We are not obliged and we are not willing to participate in an alternative discussion before the private (non-juridical) meeting according to the regulation of the European Union agreements online.( http://ec.europa.eu/odr ). If you have/have any complaints about the products received, contact us at info@zerostigmata.it
7.3 The Customer must inspect the product as soon as possible after the transfer of risk and verify that the characteristics and quantity are correct as well as verify the integrity of the packaging. If defects are found, he is obliged to immediately inform the Seller or the courier and the Consumer is authorized to refuse collection of the product. If the Customer accepts the delivery of a defective product, he must indicate the defects found in the protocol. Failure to do so will void your rights to the defective product.
7.4 The Seller guarantees to the Consumer that the product is not defective at the time of delivery. Upon delivery the product:
7.4.1 may be characterized by the properties as agreed between the two parties, or the properties described by the Seller, or the expectations of the Customer with respect to the promotion and the nature of the product, in the absence of an agreement.
7.4.2 It may be used for the purpose indicated by the Seller or for the purpose for which it is usually used,
7.4.3 corresponds to the quality standard or model, if the quality is measured in such a way,
7.4.4 is in adequate quantity and size and weight, e
7.4.5 complies with the statutory regulations.
7.5 If the defect occurs within six months of collection, it is also considered to have been present at the time of collection.
7.6 A defect is a significant breach of the Seller's duties, if the Seller knew or should have known that the other party would not have concluded the Contract in the event of the defect. In other cases, it's not a significant violation.
7.7 If the defect is a breach of the Contract, the Customer is entitled to request a re-delivery, repair, reasonable discount or can withdraw from the Contract.
7.8 If the defect is not a breach of the Contract, the Customer is entitled to request redress or a reasonable discount.
7.9 The Customer is not obliged to notify the Seller of the defect immediately, after having carefully checked the product. If the defect is hidden, the Customer is obliged to inform the Seller of the defect immediately, after discovering it, within a maximum time limit of two years. At the time of the complaint or immediately after, the Customer informs the Seller about the chosen method of complaint. If he fails to do so in time, he is entitled to make a claim according to paragraph 7.7 even if the defect is a significant breach of the Agreement.
7.10 These rights can be exercised at the Seller or at the place of sale. Or the Customer must assert his rights with the authorized repair partners indicated in the certificate by the Seller, if closest to the Customer. The complaint is considered active at the time of delivery.
7.11 The complaint does not cancel the Customer's obligation to pay for the product. Statute § 2108 of the Civil Code does not apply. This paragraph cannot be used if the Consumer is the Customer.
7.12 The Customer cannot withdraw from the Contract or request a new delivery if he cannot return the product. This does not happen if:
7.12.1 the changes are the result of an inspection to reveal defects,
7.121.2 the Customer has used the product before finding fault,
7.12.3 the Customer has not caused the impossibility of returning the product to its original or previous state,
7.12.4 the Customer has sold the product before finding defects, has consumed it or modified the product with use, in the event that this occurs only partially, the Customer will make a complaint only as regards the parts in his right and will reimburse the Seller for how long he used the product.
Rights relating to defective performance in compliance with legal obligations
7.13 The Customer is authorized to claim the defect if it occurs within twenty-four months from the time of delivery, unless it is a discounted product due to the presence of defects or defects caused by the use of the product itself.
7.14 If the product does not have the characteristics indicated in paragraph 7.3, the Customer may request a new product without defects as long as it is reasonable in relation to the nature of the product itself. If the defect concerns only part of the product, the Customer can request the exchange of the defective part; if this is not possible, the Customer can withdraw from the contract. If it is not reasonable in relation to the nature of the defect, especially if it is possible to repair the defect, the Customer can request a free repair.
7.15 The Customer may request a new product, or the exchange of a part, even if the defect can be repaired, in case the product cannot be used due to the recurrence of the same defect or several defects at the same time. In this case, the Customer can withdraw from the contract.
7.16 If the Customer does not withdraw from the contract, or does not exercise the right to have a new product, the exchange of the defective part or the repair, he can request a discount. The Customer can request a discount in case the Seller cannot deliver a new product, change the defective part or repair the product, and in case the Seller does not act within the time limits or the complaint would cause inconvenience to the Customer who is also the Consumer.
7.17 The customer cannot apply this right if he was aware of the defect in advance or if it was caused directly by him
7.18 If a time limit within which the product can be used is indicated, the Seller guarantees that the product can be used for that period of time or that it will maintain its characteristics. In case there are multiple time limits, the longest of them applies. The agreement between the parties has priority
7.19 Rights relating to defective performance within the obligations specified in paragraphs 7.12 to 7.17, including the right to withdraw from the agreement of paragraph 8.4, will not be effective if the Customer is an entrepreneur and it is obvious that the purchase relates to his activity at the time of conclusion of the Contract.
8. Withdrawal from the Contract
8.1. The Seller is authorized to withdraw from the Contract if the product is no longer in production, is not being shipped and the price has significantly changed.
8.2. If an amount has to be refunded to the Customer in relation to the withdrawal, the Seller will refund it using the same payment method used at the time of purchase.
8.3. If a gift is mentioned in the Agreement, the deed of the gift lapses upon withdrawal and the Client must be able to return the gift.
8.4. The Customer is entitled to withdraw from the Agreement according to paragraphs 7.6 and 7.14.
Withdrawal from the Contract by the Customer
8.5. The Consumer is authorized to withdraw from the Contract within fourteen days. The days are calculated differently depending on the type of Contract:
8.5.1. If the purchase is shipped, the period begins with the collection of the product.
8.5.2. If the contract includes several types of products, or a shipment in several parts, the period starts on the day of the last collection of the last product.
8.5.3. If the contract provides for the regular shipment of the products, the period begins on the day of collection of the first delivery.
8.6. The Consumer is aware that in accordance with the statute § 1837 of the Civil Code he cannot withdraw from the Contract of the shipment, modified according to its provisions, of perishable products or unpacked products and it is not possible to receive a refund, of deliveries of registration products audio and video, delivery of software, delivery of newspapers, magazines or digital content, unless sent in physical form and with the prior agreement of the Consumer prior to the withdrawal period.
8.7. If the Consumer wishes to withdraw from the Contract, he must use the form provided by the Seller attached to the Terms. The withdrawal form must be sent by e-mail to the Seller at the address: info@zerostigmata.it, it will be confirmed to the Consumer immediately.
8.8. The withdrawal must take place immediately, within a maximum of fourteen days the Consumer must send or pass on the product received. The Consumer is aware that he participates in the costs of withdrawal. The product must be returned clean, intact, in the original packaging and including all accessories. If the product is not intact, the Seller is entitled to claim damages in accordance with this paragraph.
8.9. Within fourteen days of withdrawal, the Seller must reimburse the Consumer for the amount previously paid by him, including the cheapest shipping costs. The Seller is not obliged to reimburse the Consumer if the latter does not first prove that he has actually shipped the product or before the Seller receives it. The Consumer agrees to receive a refund via the same method used for payment.
8.10. The Consumer is authorized to withdraw from the Contract in accordance with paragraph 5.9.
9. Personal data protection
9.1. The protection of the customer's personal data is governed by law no. 101/2000 Sb., concerning the protection of personal data in accordance with the latest regulations in force
9.2. The Customer agrees to provide the following personal data: name and surname, billing address, VAT number, e-mail address, personal identification number, telephone number, account number, IP address (hereinafter called "personal data")
9.3. The purpose of collecting personal data is the realization of the rights and duties related to the Contract, including shipping and payment, provision of the User's account and information necessary for the Seller for the sale - If the Customer does not consent to the processing of some data personal, is not obstruction to the conclusion of the Contract.
9.4. The Customer's personal data will be processed in time not defined in electronic or written form.
9.5. The Customer is aware that he must provide truthful and complete data when registering his User Account. In case of changes to the data, the Customer is obliged to inform the Seller.
9.6. The Seller is authorized to delegate personal data to third parties. The Seller is obliged to keep the Customer's data secret, only the shipping and payment information is an exception.
9.7. The Customer can request his own personal data. The Seller is entitled to request payment for the processing of personal data but only to the extent strictly necessary. If the Client thinks that his personal data is being processed incorrectly or against current regulations, the Client may request explanations regarding the processing of personal data pursuant to paragraph 9.6. The Customer may request the resolution of a harmful situation.
9.8. The Client is entitled to cancel his agreement regarding the processing of Personal Data at any time.
Sending the newsletter and using cookies
9.9. Unless the Customer declares otherwise at the time of the order, the Seller considers that he agrees to receive the newsletter regarding the Seller's services, products and offers. The Customer is entitled to cancel his agreement at any time, he must submit a request in writing to the billing address of the Seller or via the link indicated at the end of the newsletter.
9.10. The Provider informs the User that it uses cookies according to the statute § 89 paragraph 3 of the law n. 127/2005 Sb., of electronic communication, including permanent cookie files and the User consents to the use of cookies. The agreement is valid for 10 years.
9.11. The Customer is entitled to cancel the agreement regarding cookies at any time through the settings of his browser.
9.12. The Provider processes the User's cookies to improve the Website and personalize the contents and advertisements, providing information on social media and an analysis of the sites visited.
10. Electronic registration of sales
10.1. The seller is obliged to provide the buyer with the invoice for the purchase made in accordance with the law of the Czech Republic for electronic record of sales. The seller is equally obliged to register the payment received online by the tax regime; in case of a technical problem in no more than 48 hours.
11. Final Provisions
11.1. The rights and duties between the Seller and the Customer are governed by the laws in force in the Czech Republic, in particular the Civil Code.
11.2. There are no moral codes of conduct between the Seller and the Customer within the meaning of the rule §1816, paragraph 1, letter e) of Law 89/2012 Sb., of the Civil Code.
11.3. In case of User Registration all the conditions of the statute § 1752 paragraph 1 of the Civil Code are fulfilled and the Seller is entitled to unilaterally change the Terms. This will not affect any rights and obligations in effect prior to the changes. Changes must be announced on the Website and/or by email on the Website database. The User is entitled to reject these changes within three working days of first accessing the User's Account following the changes (if the changes are announced on the Website), or from the moment of receiving the email at his address e-mail (if changes are announced by e-mail), and report your obligations within three days, the time needed to source similar products from another supplier.
11.4. The Seller's Contacts: billing address zerostigmata.it, Vico Latilla 15, 80134 - Naples, e-mail address: info@zerostigmata.it, telephone number: +39 081 013 7949
11.5. The European Commission has prepared a platform for resolving conflicts. Customers have the opportunity to resolve conflicts related to online orders sooner without the intervention of a judge. The dispute resolution platform can be reached at the following external link: http://ec.europa.eu/consumers/odr/
We are not obliged and we are not willing to participate in an alternative debate before the private meeting (not legal) according to the regulation of online European Union agreements. If you have/have any complaints about the products received, contact us at info@zerostigmata.it
11.6. The Terms enter into force from 3.6.2016.
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