PROXEL S.r.l. - Italy
IMPORTANT. Please read these terms and conditions carefully, because this document describes the Conditions (the 'Conditions') upon which PROXEL S.r.l. makes a contract with you as a customer ('The Customer'/'You'/'Your'/'Yourself') for the sale of our product(s) (the 'Product'/'Goods').
1.1. Conditions mentioned here apply to all offers of PROXEL S.r.l. (from now on to be called Proxel) and to all agreements with Customers of PROXEL S.r.l.
1.2. Unless it is an explicit exception, others than these Conditions are not legitimate.
1.3. We maintain that, by confirming Your order, You unreservedly accept Our general conditions of sale, having read them. Conditions are important to You and as they have been designed to protect. Your rights as a valued Customer and to protect Our rights as a business and to create an understanding between us.
2. Ordering and realisation of an agreement
2.1. Orders can be placed online via the Proxel website store.proxel.com, per e-mail, fax, and telephone.
2.4. When you place an order to buy a product from Proxel we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product, which is accepted by us when we send email confirmation to you that we have dispatched your goods (the 'dispatch confirmation email'). It is the customer's responsibility to save a copy of and/or print these emails for future reference.
2.5. Any products in the same order that are not included in the dispatch confirmation email do not form part of this offer. As long as there is no official agreement, Proxel reserves the right to change prices and other conditions
3.1. The prices on the Proxel website are the actual prices. Prices of Goods in mailings can deviate because of price changes that have been carried through after sending the mailings.
3.2. As long as there is no official agreement, Proxel has the right to change prices and other conditions.
3.3. All prices include costs of packaging and exclude VAT, costs of transport, shipping and legal contributions unless mentioned differently.
3.4. Proxel is authorised to carry through changes in taxes and costs, also after realising an agreement.
4.1. Proxel determines the manner of transport and the transporter. All orders will be delivered at the entered delivery address.
4.2. Despite all carefulness regarding deliveries, it might happen that Your order is delivered incomplete. If this is reported by The Customer in seven days after (partly) receiving the Goods, the order will be replenished or placed a second time at the expense of Proxel.
4.3. We can not be held liable for any delays by the carrier, but if that were to happen, we will inform you promptly. Similarly we are not responsible for any loss or damage in transit objects.
5.1. Payment takes place per credit card, debit card, prepayment, or on other conditions as described on our website.
5.2. In some special cases, Proxel has the right to refuse a certain payment method. In that case it will be communicated to The Customer and the order will be shipped after The Customer's prepayment has been received and approved by Proxel.
5.3. It is not allowed to settle a purchase with a debt-claim on Proxel, unless this is yet agreed in letter.
5.4. Paying in advance is only possible per bank account.
6. Property restriction
6.1. Delivered Goods will stay the property of Proxel until all payment obligations have been fulfilled by The Customer.
6.2. Proxel is irrevocably authorised to take the Goods back if these still are the property of Proxel.
7. Sale and return period and returns
7.1. The Customer is allowed to return the Goods delivered by Proxel in ten working days after receiving in the original package, accompanied by a copy of the original invoice and a report of the reason of return.
7.2. In case the Goods are unused and returned in time and correctly, Proxel will refund the purchase amount excluding the shipping costs. Goods are refunded within 15 days.
7.3. Goods delivered by Proxel that are not been returned in the sale-and-return period of 10 working days, as described in 7.1, the purchase will be regarded as final.
7.4. If you wish to return your Goods or Items please utilise your nearest Post Office, alternatively you can call or email Proxel Custoemr Service. Any Goods or Items returned are at the cost of the customer.
7.5. The customer is allowed to cancel their order in writing or in another durable medium (excluding telephone), e.g. letter, fax, email, within 7 working days of receiving the original package.
7.6. In order to exercise their right to return, the customer is not required to return the goods within the cooling off period, but must inform Proxel in writing/another durable medium of their intention to withdraw from the contract within this time limit.
7.7. If the goods are unused and returned in accordance with DSR, Proxel will refund the purchase amount including shipping costs. Goods are refunded within 15 days.
7.8. If you wish to return your goods please use the facilities at your nearest post office. Alternatively, you can call or email Proxel's Customer Service team and use our collection service. Goods are returned at the customer's expense.
7.9. To help improve our products and services, it would help us if could detail the reason why you wish to return your item(s), but this is not obligatory. Please also enclose a copy of the original invoice, if available.
7.10. If you:
-Paid by credit/debit card, we will make a credit note and refund the amount back to your credit/debit card.
-Paid in advance, we will make a credit note and refund the amount back to your bank account.
-Have not paid yet, we will make a credit note to stand against it.
8.1. Proxel warrants the quality of its delivered Goods during 36 months after delivery.
8.2. Warranty claims should be made within fourteen days after discovering the deficiency, and should be guided with a short description of the deficiency and a copy of the original invoice.
8.3. Proxel will repair the deficiency, subject to 8.2, free of cost or replace it (to be decided by Proxel). However, the warranty does not include extra costs such as sometimes necessary services. In case the Goods are older than one year and it is not possible for Proxel to repair, or the concerning Product(s) is/are not in stock anymore, Proxel will offer the possibility to buy the replacing Goods for an amount of 50% of the retail price, or an exchange of goods to the value of 50% of the original purchase price, E&OE (errors and omissions excepted.)
8.4. The warranty does not account in the following situations:
- product has NOT been sufficiently protected against transporting damage during the return.
- there have been made modifications to the Product
- deficiencies which originate from wrong or incorrect use, such as ignoring the accompanying manual.
- the deficiency originates intentionally or because of a severe lack of attentiveness
- external factors out of the control of Proxel, such as a flash of lightning, electricity fall-out, natural disasters, etcetera.
- Proxel has not had the possibility to investigate the complaint and to eventually repair the deficiency.
9.1. To return your Goods / Item the returns reasons and desired action must be included and specified. We cannot process your return unless the reason is specified. The Product(s) need to be packed with the original packaging, including the original invoice, all materials and accessories.
9.2. Returns should be sent to the following address:
Via Val Della Torre 39
10149 Torino - Italy
10. Personal information
10.1. Personal customer information is saved to and stored on Proxel’s customer management system to process orders. Proxel will not use this information for internal marketing goals, such as sending mailings, without the customer's explicit consent.
11.1. The liability of Proxel with regard to sale and delivery of Goods is explicitly limited to the warranty as described in article 8.
11.2. Proxel is not responsible for its provided (technical) advices, misprints in mailings, technical specifications which have been provided by suppliers and manufacturers, and uncontrollable bad quality of Goods.
11.3. For the rest, each responsibility of Proxel is restricted to the actual payed amount of the relevant invoice.
12. Terms of website use
12.1.Proxel is the owners of the copyright, trademarks and all other intellectual property rights in the material and content of our websites www.proxel.com and www.store.proxel.com
12.2. You are only allowed to use the material contained on this website for Your own personal and non- commercial use.
12.3. You agree not to intentionally misuse our website.
13. Information services
13.1. At its latest during the finishing of the agreement, these Conditions are offered by Proxel (non-)electronically. It is The Customer's responsibility to print or save the Conditions.
13.2. Proxel provides the following information at its website:
- Registered adress and the registration number at the Chamber of Commerce
- the most important Product specifications, such as the price
- the method of delivery and payment and the corresponding costs
13.3. In case The Customer wants to dissolve or cancel the contract because of the fact that Proxel should not suffice its legal information duties, this procedure should be carried out in fourteen days after accepting the order.
13.4. We reserve the right to randomly monitor and record inbound and outbound calls.
14.1. These Conditions are based on ITALY legislation.
14.2. Disagreements will be solved in mutual consultation as much as possible.
15. Force Majeure
15.1. Proxel shall not be liable to The Customer or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any obligations of Proxel in relation to its Goods, provided that the delay or failure was due to any cause beyond reasonable control of Proxel. Without prejudice to the generality of the abovementioned, the following shall be regarded as causes beyond reasonable control of Proxel: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Proxel or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
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