1. Premise 1.1 These general conditions of sale concern the purchase of products carried out remotely via computer network via the website www.ariespet.it (the Portal), owned by Aries Srl., with registered office in Quarnaro I, n° 17 B 89135 Reggio Calabria - Italy VAT number IT02454940806 (Aries Srl).
Each purchase transaction will be governed by the provisions of Legislative Decree 185/99 and Legislative Decree 206/05. The information aimed at the conclusion of the contract will be subject to the provisions of art. 12 of Legislative Decree 70/03 and, as regards the protection of confidentiality, the legislation referred to in Legislative Decree 196/03 will be applicable.
1.2 These general conditions of sale (the General Conditions of Sale) are valid for all orders and shipments that take place through the Portal and can be viewed and saved. The General Conditions of Sale can be modified at any time by Aries Srl without prejudice to the sales operations already completed.
1.3 Registration is permitted only to users who are consumers and natural persons who have already reached the age of majority. Consumers are natural persons who use the Portal for purposes not related to their commercial, entrepreneurial or professional activity.
To make purchases through the Portal it is necessary to register on it by approving these General Conditions of Sale. Failure to accept the General Conditions of Sale will make it impossible to make purchases on the Portal.
Registration on the www.ariespet.it website is free. To register, the user must complete the registration form, entering Name, Surname, Email address and creating a password to access his personal area. Registration is confirmed by email sent to the address provided by the user. The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must notify Aries Srl without delay in case of suspected misuse of the same.
The Registration Credentials may be modified by the user at any time by accessing the Portal in the section: Account. The user guarantees that the Registration Credentials provided during the registration procedure on the Site are complete, correct and truthful. The user agrees to hold Aries Srl harmless from any compensation obligation, sanction deriving from and\or in any way connected to the violation by the user of the rules on registration on the Portal.
The user is solely responsible for accessing the Portal using the Registration Credentials and is directly liable for any damage or injury caused to Aries Srl or third parties by improper use, loss, misappropriation by others or from the lack of protection of adequate secrecy of their Registration Credentials. All operations carried out through the Registration Credentials are considered carried out by the Customer to whom the Registration Credentials refer.
One registration per user is possible. Multiple registrations will be cancelled.
Aries Srl reserves the right to refuse, at its sole discretion, the registration of any user.
Aries Srl also reserves the right not to accept any order that is anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Portal, as well as in relation to the improper or suspected use of the discount coupons referred to in the section 8 which follows.
The user may unsubscribe from the Portal at any time by writing to: email@example.com
3. Pre-contractual information
In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Aries Srl informs the user that:
to conclude the purchase contract for one or more products on the Portal, the user must complete an order form in electronic format and send it to Aries Srl according to the methods indicated on the Portal; before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various phases of the purchase; once the order form has been registered, it will be filed in the Portal database for the time necessary to process the order and, in any case, in accordance with the law. To access your order form, the user can consult the "Account, my orders" section of the Portal where he will find the list of all orders placed.
4. Conclusion of the contract and acceptance of the general conditions of sale
4.1 The sales contracts of the products on the Portal must be considered concluded with the acceptance, even if only partial, of the order by Aries Srl. This acceptance is communicated by e-mail, as better indicated in the clause 6.3. By placing an order in the manner provided, the customer declares to have read all the information provided to him during the purchase procedure and to fully accept the general payment conditions transcribed below.
4.2 Before submitting your purchase order, the customer is required to carefully read these general conditions of sale. Forwarding the purchase order implies their full knowledge and acceptance.
4.3 If the customer is a Consumer, once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep these conditions of sale, in compliance with the provisions of art. 50 et seq. of Legislative Decree 206/05. 4.4 Any right of the customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to people, things and/or animals, attributable to the non-acceptance, even partial, of an order by Aries Srl 5. Definition of the order By sending the order online, the customer sends Aries Srl a proposal to purchase the product and/or products included in the "cart" which is a tool accessible on the Site after registration , to all users registered on the Portal (the Cart). When the customer places an online order for the products that he has placed in the Shopping Cart, he agrees to purchase them at the price indicated in the information sheet and under the terms contained in these General Conditions of Sale. Aries Srl will notify the Customer via e-mail of the acceptance and confirmation of the order in accordance with the provisions of clause 6.3 below.
5.2 In particular
Aries Srl will not accept orders: if the material at the time of the order is not available in stock and/or if the customer is unable or unwilling to pay using one of the payment methods indicated in clause 8 below. 6. Method of purchase
6.1 The customer
can only purchase the products present in the electronic catalog of the Portal at the time the order is forwarded, as described in the relative information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its external characteristics but may differ in colour, size, accessory products present in the figure. All purchase support information is to be understood as simple generic information material, not referable to the real characteristics of each individual product package.
6.2 Before forwarding the purchase order, by means of the Shopping Cart, the unit cost of each selected product is summarized, the total cost in the event of the purchase of several products and the relative shipping costs (if applicable according to indicated on the Portal).
6.3 The purchase of the product and the correct receipt of the order are confirmed by Aries Srl by means of an e-mail message confirming receipt of the purchase order (the Confirmation Message) and containing information relating to the characteristics of the goods and/or goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general contract conditions and information about the existence of the right of withdrawal as well as the conditions and methods of its exercise displayed on the Portal. The message will re-propose all the data entered by the customer who undertakes to verify its correctness and to promptly notify Aries Srl of any corrections to be made. In the event of non-acceptance of the order by Aries Srl, the same guarantees timely communication to the customer.
The products offered on the www.ariespet.it website are limited in number and can be sold at discounted prices. It may therefore happen that the ordered product is no longer available after the registration of the purchase order. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be cancelled. If the payment has already been made, Aries Srl will refund it to the customer within thirty days starting from the day after the order was sent. 8. Discount coupons
8.1 Aries Srl will be able to offer
to its customers discount coupons through the site www.ariespet.it in relation to customers' sales transactions, single products and/or shipping costs. The formula of the discount coupons offered by Aries Srl will be that of the alphanumeric code "Coupon Code" that can be used by the customer during the composition of the "cart" and which will entitle you to a discount on the total amount, on a single product or on shipping costs. The codes will have limited and defined validity as described on the online site. 8.2 Each discount voucher can only be used once; the voucher can never be exchanged for money; no more than one discount voucher can be used per order unless otherwise stated on the Portal for specific discount vouchers; the discount voucher can only be applied to items with a higher value than the voucher itself; the web discount coupon is available only for online purchases.
9. Method of payment
The customer can make the due payment by choosing one of the methods listed below: (i) Credit card: in cases of purchase of goods with Credit Card payment method, the credit card is charged at the same time as order fulfillment. Aries Srl reserves the right to ask the customer for supplementary information (eg landline telephone number) or to send copies of documents proving ownership of the payment made. In the absence of the requested documentation, Aries Srl reserves the right not to accept the order. At no time during the purchase procedure does Aries Srl come into possession or be able to know the information regarding the buyer's credit card, transmitted via protected connection directly to the bank that manages the transaction as described on the website www.ariespet .it
10. Shipping and delivery of goods
10.1 Aries Srl accepts orders only for shipments in Italy and abroad, including San Marino and the Vatican City.
10.2 For each order placed on the Portal, Aries Srl issues an invoice for the material shipped. For the issuance of the tax document, the information provided by the Customer at the time of the order is valid. After the tax document has been issued, it will not be possible to make changes to it. 10.3 Except for promotions specified on the Portal, the shipping costs, indicated on the Portal, are charged to the Customer and are clearly explained when placing the order. Nothing is owed more by the customer than the total order which also includes shipping costs. 10.4 The Portal indicates the estimated times for order fulfillment and delivery of the purchased goods to the customer.
10.5 In any case Aries Srl will not take care of the shipment of the goods covered by the order which will instead be entrusted by a professional carrier (express courier) as indicated in the Portal and no responsibility can be attributed to Aries Srl in case of delay from by the courier or in relation to any other event or circumstance relating to the shipment of the goods by the courier. Upon delivery of the goods by the courier, the customer is required to check that: the number of packages delivered corresponds to that indicated on the invoice; the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or strapping). Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately reported to the courier, subject to written control (specifying the reason for the reserve, e.g. "laundry packaging", "packaging crushed", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the procedures set out in this document.
10.7 In the event of non-delivery due to the recipient's absence at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender Aries Srl 11. Right of withdrawal
11. Right of Withdrawal
11.1 Pursuant to articles 52 and subsequent of Legislative Decree 206/05, if the customer is a consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
11.2 To exercise this right, the customer, within 14 (fourteen) days from the date of receipt of the goods, must send a written communication to Aries Srl exclusively by email firstname.lastname@example.org
11.3 Following the exercise of the right of withdrawal in the manner provided for by art. 11.2 of these conditions of sale, the customer is required to return the goods to Aries Srl within the term of 14 (fourteen) days starting from the date of communication of the withdrawal to Aries Srl. The goods must be returned to Aries Srl complete with all accessories, instruction manuals and everything originally delivered to the customer, as well as packed in its original wrapping. The returned product must be accompanied by a copy of the electronic receipt of the order. The costs of returning the goods to Aries Srl are charged to the customer.
NB (It should be noted that the cosmetics/shampoos/masks are an exception to the right of withdrawal as, as provided for by the aforementioned Law, they are:
"sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery".)
11.4 Pursuant to paragraph 1 of art. 56 of Legislative Decree 206/05, Aries Srl will proceed to refund all payments received from the customer without undue delay and in any case within 14 (fourteen) days from the communication of the withdrawal. In the event that the return of the goods is foreseen, Aries Srl will, pursuant to paragraph 3 of the art. 56 of the Consumer Code, to re-credit the customer with the amount only after the return of the goods and only after having verified the integrity of the same. The refund will take place in the same way in which the customer made the payment. In the case of bank transfer, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN and current account holder), if different from those with which the payment was made. In case of payment by PayPal or credit card, the refund will be made on the same card used for the purchase. Aries Srl has no power to intervene regarding the re-credit times which are at the discretion of the reference bank. The right of withdrawal is in any case subject to the following conditions: the right applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the product purchased; the law does not apply to products made to measure or clearly personalized; the purchased good must be intact and returned in the original packaging, complete in all its parts (otherwise, pursuant to paragraph 2 of article 57 of Legislative Decree 206/05, the customer will be responsible for the decrease in value of the goods resulting from a manipulation of the same other than that necessary to establish the nature, characteristics and functioning of the goods); upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. In the event of lack of the conditions for the valid right of withdrawal, the goods will remain at the headquarters of Aries Srl available to the Customer for collection at his sole expense.
12.1 All products sold by Aries Srl are covered by the manufacturer's standard warranty, where present, and by the 24 (twenty-four) month warranty for lack of conformity, pursuant to Legislative Decree 206/05. To use the warranty, the Customer must keep the invoice.
12.2 The 24-month warranty pursuant to Legislative Decree 206/05 applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and in any attached technical report. This guarantee is reserved for the private consumer. In the event of a lack of conformity, Aries Srl shall, without charge to the Customer, restore the conformity of the product by replacing the product with a new one or, in the event of out of stock, with equivalent characteristics and commercial value.
12.3 In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). The lack of conformity can be reported with the same methods applicable for the right of withdrawal, to the following e-mail address: email@example.com
13. Express termination clause In the event of total or partial non-payment of the purchase price of the asset, Aries Srl reserves the right to declare pursuant to and by effect of art. 1456 of the civil code terminated this contract by sending a written communication to the customer's e-mail address.
14. Obligations and responsibilities of Aries Srl
14.1 Aries Srl undertakes to correct all errors present in the description of the products offered on the Portal, in the shortest possible time, starting from the notification of the same by the customer. Reporting of such errors can be sent to the email address firstname.lastname@example.org
14.2 Aries Srl is not responsible in case of damages, of any kind, deriving from the use of the product improperly and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure. 14.3 Aries Srl will not be liable in the event of loss of revenues, profits, data or for any other indirect damage of any nature deriving from or in any case connected to the contracts subject to the General Conditions of Sale.
14.4 The responsibility of Aries Srl, in any case, cannot exceed the total value of the purchase order. In no case can Aries Srl be held responsible for the non-fulfilment of any of the obligations deriving from the contracts subject to the General Conditions of Sale in the hypothesis in which the non-fulfillment is caused by unforeseeable circumstances and/or force majeure, including , by way of example only, natural disasters, acts of terrorism, network malfunctions and/or blackouts. 15. Suspension of service
15. Right to suspend delivery
15.1 Aries Srl reserves the right to temporarily suspend, without any prior communication, the provision of Portal services for the time strictly necessary for the necessary and/or appropriate technical interventions to improve the quality of the same services and for maintenance ordinary and extraordinary of the Portal, its contents and functions.
15.2 Aries Srl may, at any time, interrupt the provision of the services of the Portal if there are justified security reasons or breaches of confidentiality, in this case notifying the user, possibly by means of the Portal itself.
16. Site content and intellectual property rights
The contents of the Portal, such as, by way of example, images, graphics, photographs, writings, documentation, sounds, videos and any other material, in any format, including all web pages of the Portal (the Intellectual Property), are the exclusive property of Aries Srl and of the other rights holders and this contract does not constitute any right of the customer in this regard. In fact, the reproduction, modification, duplication, copying, distribution, sale or in any case the exploitation of the Intellectual Property is prohibited. In no event may the user alter, change, modify or adapt the Portal, nor the material made available by Aries Srl.
17. Applicable law and jurisdiction
The sales contract between Aries Srl and the Customer, referred to in these General Conditions of Sale, is understood to be concluded in Italy and governed by Italian law. For the solution of any dispute deriving from the conclusion of remote sales contracts referred to in the Portal and therefore referable to these General Conditions of Sale, if the Customer is a consumer, the territorial jurisdiction is that of the reference forum of his Municipality of residence while in all other cases, the territorial jurisdiction is exclusively that of the Court of Reggio Calabria