GENERAL CONDITIONS OF SALE
These general conditions of sale (“General Conditions”) are governed, for the cases of interest, by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree 70/2003 and subsequent amendments) and apply exclusively to the remote sale via the web of the Products as identified and listed on the site and of the Services as indicated in these General Conditions.
In the event of changes to the General Conditions, to the purchase order, as specified in the following articles 3 and 4 of these General Conditions (hereinafter the “Purchase Order”) the General Conditions published on the Site will apply at the time the Order is sent by the Customer (hereinafter the “Customer”).
ARTICLE 1 – SUBJECT OF THE CONTRACT
With these general conditions of sale, Sweet’s Park S.r.l. (hereinafter for brevity the Seller) sells and the Customer remotely purchases the tangible movable property indicated and offered for sale on the website www.hisweeties.com. The contract is concluded exclusively through the internet, by accessing the Customer at www.hisweeties.com and placing a purchase order according to the procedure set forth on the site itself.
The Customer undertakes to read, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by the Seller and to accept them.
In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the purchase contract, the Customer takes a look at the characteristics of the goods which are illustrated in the individual product sheets at the time of the choice by the Customer.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the Customer is informed regarding:
- terms of payment;
- the term within which the Seller undertakes to ship the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (Article 10 of these conditions) as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the Customer will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased, after-sales assistance conditions and commercial guarantees.
The Customer can at any time and in any case before the conclusion of the contract, take note of the information relating to Sweet’s Park S.r.l., the geographical address, telephone number, e-mail address, information that is reported, also below:
Sweet’s Park S.r.l. Via delle Albicocche snc 00100 Pomezia (RM) VAT NUMBER07153351007 Telefono 06.9147229 PEC sweetpark@pec.sweetpark.it E-mail info@hisweeties.com
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered finalized with the sending by the Seller to the Customer of an order confirmation e-mail. The e-mail contains the customer’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive the copy of the present conditions.
The Customer undertakes to verify the correctness of the personal data contained therein and to promptly notify the Seller of any corrections.
ARTICLE 4 – PRODUCT INFORMATION
The Seller undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the real product may occur. Furthermore, the photographs of the products presented on the site do not constitute a contractual element, as they are only representative.
The visual representation of the Products on the Site, in fact, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in color and size. In caso di differenza tra l’immagine e la scheda prodotto scritta, fa sempre fede la descrizione della scheda prodotto.
ARTICLE 5 – PRODUCT AVAILABILITY
The availability of the products refers to the actual availability at the time the Customer places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, or the sale of products at the point of sale, the products could be sold to other customers before confirming the order.
Even after sending the order confirmation e-mail sent by the Seller, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be automatically corrected with the elimination of the unavailable product and the Customer will be immediately informed by e-mail or telephone communication.
If the Customer requests the cancellation of the order, resolving the contract, the Seller will refund the amount paid within 14 days from the day on which the same seller became aware of the customer’s decision to terminate the contract; this compatibly and in accordance with the provisions in the event of withdrawal from the contract and return of the goods.
ARTICLE 6 – PAYMENT METHODS
The Customer may pay for the products ordered and the relative shipping costs using one of the following payment methods:
Cash on delivery – Not available
Credit Card and PayPal – Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a credit card or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
Installment payments – It’s possible payment divided into 3 installments at 0 interest rate, using the service PayPal. We remind you that in both cases it is not a loan, therefore income documentation is not required.
Bank transfer – il Cliente dovrà effettuare il bonifico within 3 working days from the date of the order. If this does not occur, the order will be cancelled. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify the cause of the non-payment. For payment by bank transfer, the order will be managed upon actual receipt of payment. From that day the delivery times indicated in the description of each product purchased start.
The details for the bank transfer will be communicated to the Customer by the Seller; the reason for the transfer must explicitly indicate the order number, which can be found in the confirmation email (e.g. “Order no. 123456”).
ARTICLE 6bis- DATA MANAGEMENT
Credit card details are managed directly by PayPal, specialized in the management of online payments; PayPal data is managed directly by PayPal. The information is encrypted through the use of encryption systems that prevent its use by third parties and is sent directly to the bank. The seller reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card itself or to PayPal in case of problems. Any refund to the Buyer/Customer, if entitled to it, will be credited by reversal of the payment by credit card, PayPal or bank transfer, at the latest within 30 days. from the date on which the seller became aware of the cause that generates the right to reimbursement.
ARTICLE 7 – DELIVERY TIMES AND METHODS
The seller will deliver the products ordered by professional courier.
The relative delivery times are indicated in the product sheet.
In the case of orders with products with different delivery times, they will still be shipped in a single solution.
Except in cases of force majeure or unforeseeable circumstances, from the moment the order is entrusted to the courier, the ordered products will be delivered within 1-3 working days for Northern and Central Italy, 3-5 working days for Southern Italy. Italy and the islands; these terms will start from the day following the day in which the Seller confirmed the order to the Customer via a specific order confirmation e-mail. Delivery times for abroad include an increase in days, however indicated in the product sheet. In the event that the Seller is unable to carry out the shipment within this period, the Customer will be promptly notified by e-mail or by telephone, with an indication of the deadline within which the order will be processed. Delivery times may vary depending on the destination and other factors not directly controllable by the Seller and not attributable to it. In case of payment by bank transfer, the days for delivery will start from the date of receipt of the credit. For more information on Delivery times and Shipping, please see the “Shipping” section at the bottom of the site.
If the Customer has made the reservation of the goods exclusively through the site, the Seller will notify the Customer of the availability of the goods and agree on the collection date by e-mail, telephone or text message.
For each order placed on the site, the Seller issues an invoice for the goods shipped. The invoice will be sent by e-mail and will contain the information provided by the customer during the purchase procedure.
ARTICLE 8 – SHIPPING COSTS AND DELIVERY
The shipping of all orders over €50.00 is free throughout Italy (shipping costs to other countries are indicated in the cart).
A flat rate of 6.90 euros will be applied to shipments of orders with a value of less than 50.00 euros regardless of the destination (shipments to Italy).
Shipping costs for shipments outside Italy are calculated by the system and indicated in the cart. They vary according to the destination and the weight/volume of the products.
Shipping costs are not included in the purchase price, but will be indicated and calculated at the conclusion of the purchase process before making the payment.
ARTICOLE 9 – PRICES
All the sales prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes and are expressed in Euros. Shipping costs will be indicated and calculated in the purchase procedure before the customer pays for the order. The prices indicated for each of the goods offered to the public are valid until the order is forwarded. Therefore, the prices and conditions may be changed by the Seller at any time and for the Customer, what appears on the order summary web page will prevail.
The Customer accepts the Seller’s right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by the Seller to the Customer.
* Any “Discount Codes” issued by the Seller in relation to particular circumstances cannot be combined with each other.
In the event of an IT, manual, technical, or any other kind of error which could lead to a substantial change, not foreseen by the Seller, of the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the customer will be refunded within 14 days. from the day of cancellation.
ARTICLE 10 – RIGHT OF WITHDRAWAL
If the Customer is a “Consumer”, as defined in article 3 of the Consumer Code, he is entitled to the rights referred to in articles 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and therefore the right to withdraw from the Purchase Agreement (hereinafter the “Right of Withdrawal”) for any reason, without explanation and without any penalty, in the manner specified below.
The Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer . The Withdrawal Period expires after 14 (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 Products (hereinafter “Withdrawal Period”).
The right of Withdrawal is exercised by sending – before the expiry of the Withdrawal Period as indicated above – a communication of withdrawal (hereinafter “Communication of Withdrawal”) by paper mail addressed to:
Sweet’s Park S.r.l. Via delle Albicocche snc 00100 Pomezia (RM)
Alternatively, the Withdrawal Notice can be sent – within the same Withdrawal Period as indicated above – also by e-mail to the following address: info@hisweeties.com.
The Withdrawal Notice must specify the intention to withdraw from the Purchase and the Product or Products for which it intends to exercise the right of Withdrawal. To facilitate the exercise of the right of Withdrawal, the Seller makes available to its Consumers a specific Form to be used for the communication of Withdrawal. Download the right of withdrawal form here or the form available in the withdrawal and return section.
The Return of the Product(s) must take place within 14 (fourteen) days from the date on which the Consumer communicated his/her decision to withdraw pursuant to art. 52 of the aforementioned Consumer Code. This aforementioned term will be respected if the Consumer sends back the Products/Products subject to Withdrawal before the expiry of 14 days.
The Seller reminds its Consumers that the transport costs relating to the return of the Product/s subject to Withdrawal are borne by the Consumer and that the Return is under the complete responsibility of the Consumer himself. The Seller reminds its Consumers, before the Return, to check that the Product/s subject to Withdrawal is/are intact and in a normal state of conservation, inserted in the original packaging, complete in all its parts (including packaging and accessory documentation); the Consumer must also take care to send the returned goods with suitable packaging methods in order to avoid any type of damage.
The Consumer, in accordance with current legislation, will only be responsible for the decrease in the value of the Product(s) resulting from a manipulation of the same(s) other than that necessary to establish the nature, characteristics and functioning of the Product(s). /the.
If the right of withdrawal has been correctly exercised in accordance with the provisions of articles 52 and following, the Seller will reimburse the Consumer for the full amount already paid, including the Delivery Costs, within 14 (fourteen) days from the day on which it was informed of the Consumer’s decision to withdraw from the Purchase Agreement. The amount will be refunded using the same means of payment used by the Consumer for the initial transaction, unless expressly requested otherwise by the Consumer and on condition that the Consumer does not incur any costs as a result of the refund. The Seller, pursuant to and by effect of art. 56 of the Consumer Code as amended by Legislative Decree n. 21/2014, reserves the right to withhold the refund until it has received the Products/o or until the Consumer has demonstrated that he/she has sent the Products/o, depending on which situation occurs first.
ARTICLE 11 – LEGAL WARRANTY OF CONFORMITY
In the event of receipt of products that do not comply with the orders or are defective, the Customer has the right to restore product conformity without charge by repairing or replacing the product. The Customer can exercise this right if the defect occurs within 24 months of delivery of the goods and reports the defect to the Seller within two months of discovery.
Subsequently, the customer will have to proceed with the creation of a Return IT file by accessing the “WITHDRAWAL and RETURNS” section of the site.
In the event of a defective or non-compliant product, the Seller will bear the cost of shipping the product, and will, if possible and in relation to the availability of goods, replace the defective product with a compliant one or refund the cost of the product to the Customer.
ARTICLE 12 – COMMERCIAL WARRANTY
In addition to the legal guarantee of conformity referred to in the previous article, all the products presented on the site benefit from a commercial guarantee. To use the guarantee assistance, the Customer must keep the product purchase invoice.
ARTICLE 13 – LIABILITY
The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time stipulated in the contract.
The Seller cannot be held responsible towards the Customer, except in the case of willful misconduct or gross negligence.
Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to him, since the Customer is only entitled to the full refund of the price paid.
The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of the credit cards upon payment of the purchased products if it demonstrates that it has adopted all the applicable precautions at the time of the transaction.
ARTICLE 14 – CUSTOMER’S OBLIGATIONS
The Customer undertakes to pay the price of the goods purchased in the times and ways indicated in the Contract. The Customer undertakes, after the conclusion of the online purchase procedure, to print and keep the data relating to the order placed. The information contained in this contract has, however, already been viewed and accepted by the Customer, who acknowledges it, since at the time of finalizing the order, the link to this section is always present at the bottom of the page.
ARTICLE 15 – ACCESS TO THE WEBSITE
The Customer has the right to access the site to consult and make purchases. No other use, especially commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of the Seller and are protected by intellectual property law.
ARTICLE 16 – INTEGRITY
These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 17 – APPLICABLE LAW AND COMPETENT COURT
These General Conditions of Sale are subject to Italian law.
For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Rome, any other competent court excluded.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
Finally, the European platform for alternative online dispute resolution promoted and implemented by the European Commission has been operational since 16 February 2016.
Consumers and professionals will be able to access the platform via the address ec.europa.eu/consumers/odr, and will be able to file a complaint online by following the instructions on the portal. For each member state of the Union, ADR bodies have been identified which will act as arbiters between the parties to resolve the Italian problem.