Terms and conditions of sale
Distance purchase agreement between Crush Store and the customer:
1. LIABILITY
Crush Store assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in in whole or in part, to execute the sales agreement within the agreed time. The Crush Store will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the sales agreement for the reasons mentioned above, or in relation to damages, losses and costs incurred as a result of the use or inability to use the products purchased from Crush Store having the customer only entitled to a refund of the price paid, excluding any shipping costs. Likewise Crush Store is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products. Crush Store , in fact, is not able to know the buyer's credit card number at any time during the purchase procedure; at the same time Crush Store is not able to check the correct and lawful origin of the credit that is delivered by the customer upon receipt of the goods.
2. BUYER'S OBLIGATIONS
The customer undertakes, once the "online '' purchase procedure has been completed, to print and / or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the printing of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05. The buyer is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications for him; the personal data and the e-mail address must be only real personal data and not of third parties.
CRUSH STORE is not responsible for any customs duty or import tax.
CUSTOMERS HAVE TO PAY FOR RETURNS
3. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the customer in art. 2 above (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the customer must make, are essential, so that by express agreement, the non-fulfillment by the Customer, of only one of these obligations, will determine the termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right of Crush Store to take legal action for compensation for further damage.
4. JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of the '' online '' sales agreements obtained through the website www.loscrignoancona.it is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree 50/92 and Legislative Decree 206/05.
5. RIGHT TO EXERCISE THE RIGHT OF WITHDRAWAL PURSUANT TO D.LGS. 206/05
Those who cannot be classified as consumers are excluded from the legislative decree, i.e. those who act for purposes related to their professional activity, that is, those who place an order by indicating the VAT number for the invoice. The Customer has the right to withdraw, no later than 14 calendar days from delivery (the delivery date shown on the courier's waybill is valid). The right of withdrawal is exercised within the deadline by sending a registered letter with return receipt and all the goods purchased to the following address:
- Crush Store
- Via Walter Tobagi 4, 81030 Lusciano (CE)
- Italy
The communication can also be sent in advance via email, provided it is confirmed by registered letter with return receipt within the following 48 hours. In case of applicability of the right of withdrawal, the Customer is required to return at his own expense all the items relating to the invoice as they are received and that is absolutely new, unused, complete with all their parts and in the original packaging (envelopes and packaging ). Failure to comply with these principles makes the right of withdrawal inapplicable. To return the goods, we advise our customers to use the insured express mail service which we believe to be faster, safer and cheaper or to contact one of the many couriers.
We invite our kind Customers to collaborate with us by following our procedure for sending returns and not to send us goods for which the right of withdrawal is not applicable. In case of application of the right of withdrawal, once the goods have been received, Crush Store will refund the entire amount paid by the customer, excluding shipping costs, within thirty days from the date in which the communication is received through the following methods: an exchange of goods, a bank transfer, the reversal of the handling relating to the payment made by credit card. Attention: If the right of withdrawal is not applicable, the collection of the goods at our office will be the responsibility of the customer.
6. WITHDRAWAL OF THE SUPPLIER
The Crush Store , should it be unable to fulfill the requested order due to the unavailability, even temporary, of the ordered product, has the right to withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple motivated communication, pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. In this case, the customer will only be entitled to a refund of any sum already paid.
7. CONSUMER'S RIGHT OF WITHDRAWAL
Pursuant to art. 5 of the Law Decree n. 185 of 22.05.1999 the customer - consumer (i.e. the customer - natural person - who purchases for purposes not directly related to the professional activity carried out) has the right to withdraw from the purchase contract, for any reason, within 14 calendar days from date of receipt of the goods, in the manner indicated below. To exercise the withdrawal, the customer must send Crush Store a written communication no later than 14 calendar days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt to
- Crush Store
- Via Walter Tobagi 4, 81030 Lusciano (CE)
- Italy
The communication can also be sent by telegram, again within the aforementioned term of 14 calendar days, provided that it is confirmed by registered letter with acknowledgment of receipt, sent within the following 48 hours. If the goods have already been delivered, the consumer must return it to Crush Store , by express courier, no later than ten working days from the date of receipt of the goods. The only costs payable by the consumer who exercises the right of withdrawal are those of shipping for the return of the goods to the sender. The purchased good must be returned in the original packaging, complete in all its parts, including documentation and accessories provided.
As soon as it becomes aware of the right of withdrawal, Crush Store will indicate via e-mail to the customer the RMA number (return authorization code) to be attached externally to the return package. In any case, the original packaging must not be damaged or bear writings or the application of adhesive tape. It is advisable to put the original packaging in a second box and to insure the packaging for shipping, as any damage or theft is the responsibility of the customer. The right of withdrawal will not be accepted if the returned goods or the original packaging are damaged or missing of its integral or accessory parts. In this case the goods will be returned to the sender with a charge of shipping costs.
If the withdrawal is exercised in accordance with the provisions of Legislative Decree 21/2014 - in implementation of Directive 2011/83 / EU on consumer rights - which integrates the provisions of the Consumer Code and reported in these general conditions , Crush Store will refund free of charge sums already paid by the consumer in the shortest possible time and in any case within thirty days from the date of knowledge of the withdrawal, by transferring the amount charged to the credit card or by bank transfer if the customer provides the relative bank details. The right of withdrawal cannot be exercised for contracts of:
- provision of services whose execution has begun, with the consent of the consumer, before the expiry of the ten-day deadline for exercising the withdrawal;
- supply of goods or services whose price is linked to fluctuations in financial market rates that the supplier is unable to control;
- supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
- supply of audiovisual products or computer software sealed, opened by the consumer;
- supply of newspapers, periodicals and magazines;
- betting and lottery services.
CRUSH STORE SRLS
VIA WALTER TOBAGI 4
81030 LUSCIANO CE
P.IVA IT04609740610
REA CE - 340643