Terms and Conditions of Sale
These general conditions of supply are fully applied to every order except for special written exceptions sent by Cinomania Emilio Gaggini to the Customer. The placing of the order implies the full acceptance of these general conditions of sale.
The prices shown on our site are indicative and may be subject to change without notice. In any case, the price that will be indicated on the order confirmation that will be sent to the customer after sending an order will prevail.
The customer will therefore have the right to accept the order confirmation or not, should he find a price discrepancy. The acceptance of an order confirmation can be expressed by making the final payment.
The prices indicated on all pages of our site are VAT included. The prices also do not include transport except in cases where it is expressly indicated. For each item the full price and the discounted price are indicated.
Orders will be accepted for any quantity, without the obligation of minimum quantities. Following the forwarding of an order, the customer must wait for the receipt of the order confirmation, in which he will find, in addition to the count relating to the items ordered, also the data necessary to be able to make the payment, if he has not chosen the method of payment on delivery.
With the order confirmation it will also be communicated whether the ordered equipment is ready for delivery, as usually happens, or not. Delivery times will also be indicated if availability is not immediate.
Among the main forms of payment accepted there is the ordinary bank transfer or cash on delivery (payment on delivery in cash or even by check of current account). Alternatively, you can pay with a fast money order, Paypal, credit card (Visa, Mastercard, American Express), by sending a bank check. Those who prefer it can request payment for the goods on delivery. Cash on delivery involves the addition of cash on delivery charges that amount to € 5.00, in addition to the payment of shipping costs (€ 7.9) When you request payment on delivery, this means cash or even by check bank if the shipment is made by express courier. Free shipping on orders over €99
5. Shipping costs
The shipping and insurance costs of the goods shipped as well as the risks deriving from them are the sole responsibility of the buyer.
The goods are therefore shipped ex our warehouse and travel with insurance coverage on the entire amount, on behalf and at the total risk of the buyer, even in cases where the carrier has not been indicated by them, as well as in cases where the costs are at our burden.
SHIPMENTS IN ITALY
Standard shipping in Italy is carried out by TNT express courier. This service usually provides for delivery within 3/4 working days following the shipping day. We will not be responsible in any way if the courier fails to deliver on time. The customer has the right to request that the shipment be made, at his own expense, with an alternative courier chosen by him. This request can be made for all types of payment, with the exception of cash on delivery. If no other preference is expressed, the use of the standard service will therefore be considered accepted. The cost of shipping is € 7.9 (plus possibly € 5 for cash on delivery costs) is intended for packages up to 30 kg in weight and with an insured value not exceeding 999 euros. In the case of shipment of packages weighing more than 30 kg or with an insured value greater than 999 euros, we will proceed, if possible, to the subdivision into several packages to be able to fall within the parameters indicated above.
Shipping costs abroad are always charged to the buyer and will be calculated from time to time based on destination and weight, according to the international TNT or Poste Italiane price list.
6. Order fulfillment.
We will take care of processing orders as soon as possible. The timing for the fulfillment of an order varies first of all according to the type of payment chosen, and obviously according to the availability of the ordered goods in stock. With the payment with Vaglia Veloce, if the goods were ready for delivery, the order would be processed the day after crediting. Even in the case of payment on delivery, if the goods were ready for delivery, the order would be processed the day following that of receipt of the order confirmation signed for acceptance. With the payment by bank transfer to the order, the order will be processed following the credit of the account. In the worst case scenario, the credit will take place after about three working days from the time the transfer is made, therefore this is the maximum time that can elapse before the fulfillment of an order, provided that the ordered goods are ready for delivery. This obviously is valid only for shipments that will be handled directly by us. For equipment that provides for delivery directly from the house, the timing may vary depending on the country of origin, and the time required for customs clearance of the goods. The customer who orders goods whose delivery is foreseen directly from the house, by submitting the order, will accept to receive the goods with the necessary timing for the possible completion of the import and customs clearance procedures, thus relieving Cinomania di Emilio Gaggini from any responsibility for any delays. deriving from this.
7. Returns and returns for repair or replacement.
The return of the goods, in all cases, must first be expressly authorized by Cinomania di Emilio Gaggini. The return can be requested for wrong order, wrong supply, repair (or replacement) under warranty, or for repair out of warranty.
The return request for wrong order or wrong supply can be sent to ask for the replacement with other equipment or to ask for the return or refund of the amount paid.
The return request for wrong order or wrong supply must be sent no later than 7 days from receipt of the goods. The return request following an incorrect order involves a 20% reduction on the value of the goods incorrectly ordered. Following the return request, if this is authorized, the return code will be communicated to the customer. The customer must send the goods to be returned to the address that will be communicated, indicating clearly on the package the code that has been communicated.
The equipment must be shipped carriage paid, under penalty of non-collection by the reception center. It is important that the equipment is packaged with the utmost care, taking all necessary precautions to avoid damage during transport. The equipment must be returned in their original packaging and must not be tampered with in any way.
In the case of bagged, blistered or sealed items, the envelopes, blisters and / or seals must be perfectly intact. If the envelopes, blisters and / or seals have been tampered with, it is not recommended to request their return, as being items that can no longer be sold, they would inevitably be returned with a further increase in costs to be borne by the customer.
The returned equipment will be checked first, then a decision will be made, depending on the circumstances, whether to send them for assistance, replace them, or proceed with the refund (in the case of a return request).
In the event of a request for replacement due to an incorrect order, it is essential that the customer also send the order relating to the equipment to be replaced at the same time as the return request.
The two procedures will be processed separately from an accounting point of view: – When the equipment is returned, a credit note will be issued, net of the shipping costs incurred by us for the first shipment, if they were partially or totally at our expense;
– The order confirmation will be sent to the customer relating to the equipment ordered as a replacement, of a value at least equal to or greater than the value of the returned equipment, communicating any amount to be paid in full. If, following the return of the equipment for replacement, an order for other equipment of equal or higher value should not immediately follow (for example: if the customer is undecided on what to order in replacement), the procedure will be frozen pending receipt of the new order.
It will not be possible to ask for the return of money for goods returned for incorrect order and contextual request for replacement, if the change should take place more than 7 days from receipt of the goods.
The return will be allowed followed by the re-credit of the amount paid (net of shipping costs and any other charges for the return) only if the request is made within the terms or in the event of withdrawal, where applicable. The costs of packaging, shipping and insurance and any other accessory charges (both for shipping and for returning the equipment) will be borne by the customer, in addition, of course, to any repair costs, where due.
In case of return of equipment for repair under warranty, any ascertainment of the absence of the defect complained of by the customer could result in the application of a penalty of Euro 50.00.
To avoid incurring a penalty in the event of equipment failure, we always ask our customers to check with the utmost care that the problem does not depend on carelessness or incorrect maneuvering.
In case of return for repairs out of warranty, the cost estimate for the repair of the returned equipment will be communicated to the customer.
Non-acceptance of the estimate will in any case result in a charge of Euro 50.00 for management and diagnosis costs.
8. Returns and returns for replacement following damage due to transport.
The return can also be requested in the event that equipment is damaged during transport.
If the damage is evident upon receipt of the package, it is advisable to report it immediately to the courier and to collect the package only if it is clearly indicated on the copies of the waybill that the package is accepted subject to verification and quantification of the damage in order to possibly request a refund.
If the courier refuses to record what happened, you can refuse the package, requesting the return to the sender for damage to the content and giving us immediate notice.
If the damage was not visible from the outside, or had escaped the recipient, it will not be easily possible to claim against the courier. In any case, since the goods travel insured, we will also make a request for reimbursement for damage to the equipment.
To be able to request the replacement of equipment damaged during transport, it is essential that we be promptly notified. The refund request can be submitted by us strictly within 15 days from the date of shipment. We therefore advise our customers to immediately and very carefully check the conditions of the equipment upon receipt, as it will not be possible to accept replacement requests for damage beyond the 15th day from the time of shipment. At the same time, the customer is required to file a complaint with a local police headquarters in which he must indicate that he has received the damaged goods, specifying that the damage was caused during transport.
The complaint is an indispensable document to be able to request a refund, therefore the customer after having presented it must send us a copy.
Since the assessment times and possible reimbursement of the damage are long enough, in order to avoid our customers having to wait for the completion of the investigation relating to the reimbursement request to get the replacement equipment back (provided that the reimbursement request is accepted), we give them the possibility of returning the damaged equipment to be able to replace them.
Following the return request, if this is authorized, the return code will be communicated to the customer. The customer must send the goods to be returned to the address that will be communicated, indicating clearly on the package the code that has been communicated. The equipment must be shipped carriage paid, under penalty of non-collection by the reception center.
It is important that the equipment is packaged with the utmost care, taking all necessary precautions to avoid further damage to the same during transport. As a refund request will be submitted to the courier, the customer must also return the package that contained the damaged goods, because the courier may require us to show the wrapping of the package before authorizing the refund.
The ideal would therefore be to return the entire package with the damaged equipment inside, enclosing everything inside another box to leave the previous shipment intact. It is also recommended to insure the returned goods to avoid further complications.
The equipment will be checked first, then the customer will be notified about the possible shipment of the replacement equipment. Following the communication by the courier of the outcome of our request for reimbursement for damage to the equipment and of what has ensued, in the event of a positive outcome, we will proceed, if recognized, to the reimbursement of the shipping costs incurred for the return of damaged equipment.
9. Packages that are late in delivery, undeliverable, lost or tampered with.
In the event that a package should not be delivered within the scheduled time frame, we suggest that the customer contact us by e-mail or by telephone to notify us. A check will be made on the status of the shipment to understand if it was a simple delay or some other problem (eg: incorrect address, absent recipient, etc.).
9.1 – Delivery delay, non-delivery due to absent recipient, non-delivery due to incorrect or incomplete address, failure to complete the service.
9.1.1 – If the verification of the shipment proves to be a simple delay, or the impossibility to carry out the delivery due to the absent recipient, the customer will be notified, to reassure him, since the delivery will most likely be made the next working day.
9.1.2 – In case of impossibility to deliver due to absent recipient, the customer must do everything possible to allow the courier to be able to deliver the next day, otherwise the package will be stored at the nearest TNT warehouse, and the the customer will have to go there within the next 5 days to be able to collect the package personally.
9.1.3 – If the courier has attempted the delivery, but it was not possible to make it due to the incorrect or incomplete address, the customer will be communicated to allow him to contact TNT at 199803868, to request the release of the shipment, and contextually:
- a) Confirming the correctness of the address (if it is correct), perhaps adding some other references or details.
- b) By rectifying the address (if it was actually incorrect or incomplete).
- c) By communicating an alternative address, perhaps more easily traceable, should the one indicated prove difficult to identify.
- d) By asking for the storage to be held in order to collect the package directly at the local TNT branch.
To minimize this kind of problem, we suggest our customers to indicate easily identifiable delivery addresses, complete with house number and with the indication of the recipient’s name present in a sign or in the intercom button.
In fact, it happens that the courier, not finding the indication of the destination name on the intercom or in any sign, indicates the impossibility of being able to make the delivery, due to incorrect or incomplete address.
9.1.4 – If the failure to deliver a package, and the consequent return to the sender, were due to the communication of an incorrect or incomplete delivery address by the customer, it will be necessary to make a second shipment. In this case the cost of the second shipment will be borne by the customer.
9.1.5 – If the failure to deliver a package, and the consequent return to the sender, were due to default by the courier, a replacement shipment can be made. If the cost of the first shipment had been entirely or partially borne by us, the cost of the replacement shipment will also be borne by us, reserving the right to request a refund from TNT. If it was a shipment with cash on delivery, the customer, having not yet paid anything, if he deems it appropriate, can request the cancellation of the order. Alternatively, you can confirm the order, simply by requesting that a second shipment be made, or by accepting our possible replacement shipment proposal. In this case, the customer will pay the cost of shipping exactly as it was agreed on the first shipment. The customer will have to pay nothing (and can claim nothing) for the first shipment, since he is not to blame for the non-delivery. Also in this case we will reserve the right to request a refund, to TNT or Poste Italiane, of the shipping costs incurred by us for the first shipment.
9.2 – Lost parcels. In the event that a package is not delivered within a week from the day of shipment, and by verifying the tracking no trace of it can be found, or the tracking should be stopped several days before the verification, without any other update, most likely you will will find in the unfortunate case of a lost package. Once the necessary checks have been made at TNT or Poste Italiane, if no trace of the package is found, we will proceed with a replacement shipment, to guarantee the receipt of the ordered goods to our customer. The customer will then be asked, after having received the first package, to refuse any second, sending it back to the sender, should the courier be able to trace it after some time, and should attempt delivery.
9.3 – Packages tampered with with stolen goods. Before opening the package, check the weight (indicative) and compare it with that indicated on the shipping note. Then ask the courier to have it opened for you to check the contents or, if he refuses, ask to withdraw it with reserve, as you have detected imperfections. It is important that the courier indicates on the copy of the shipping slip that he delivers to you that you are receiving the package for delivery Subject to subsequent verification for any type of anomaly found externally, by signing (the courier) the aforementioned declaration at the end. Only in this way can you be sure of being protected in the event that once you open the package you should find the total or partial lack of the contents. For any reason, do not accept parcels for delivery with imperfections without indicating the withdrawal with reserve. Both in the event that the tampering is evident or if it is not, once the package has been opened, if there is a partial or total lack of the content, it is essential that we be promptly notified. Failure to report within and no later than 24 hours following the time of delivery will no longer allow us to be able to intervene, therefore any late request will not be accepted. Once the customer’s report has been received, the dispute procedure will be activated with Poste Italiane or TNT. A communication will be sent to the customer that the procedure has been activated, with the request for some essential requirements to be able to proceed subsequently with the shipment of the package with the replacement goods. The customer is required to file a complaint with a local police headquarters in which he must indicate that he has received the package delivered by the TNT or Poste Italiane courier, and once opened that he has found the partial or total lack of the content. It will be necessary to indicate all the details, such as the possible presence of a hole on the cardboard etc … The report is an essential document to be able to request a refund from the Italian Post Office and TNT, therefore the customer, after having submitted it, must send us a copy. In addition to the complaint, you will be asked to keep the package that you received, and to anticipate possibly some photos of the same, in order to be able to view what happened. Since the assessment times and possible reimbursement of the damage are long enough, in order to avoid our customers having to wait for the completion of the investigation relating to the reimbursement request to receive the purchased equipment (provided that the reimbursement request is accepted), we give them the possibility of coming into possession of the equipment purchased through a replacement shipment. The replacement shipment will be made the day after the receipt of all the required documentation.
10. Right of withdrawal
The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason. The right of withdrawal is regulated pursuant to Law no. 50 of 01/15/1992 and subsequent additions.
10.1 – Terms
– For contracts not yet finalized, without having yet made the payment, it is sufficient to send an e-mail of cancellation containing the data of the order and of our. order confirmation to firstname.lastname@example.org – For contracts already finalized with goods already received, it must be notified within 10 working days from the date of receipt.
10.2 – Methods
Cinomania by Emilio Gaggini is particularly attentive to the needs of its customers. In the event that the customer wants to return the purchased goods, he can do it very well by sending a simple communication by e-mail to email@example.com. Alternatively, the customer, if he deems it appropriate, can operate in the ways provided for by law, by sending a registered letter with acknowledgment of receipt to the address indicated in the invoice attached to the goods, specifying all the data of the sale. Within the same term, a telegram can also be sent to the address indicated on the invoice or a fax to 0583 080125 which must in any case be followed, within 48 hours, by the registered letter with acknowledgment of receipt confirming the expressed withdrawal. Upon receipt of the request for withdrawal, the customer will be sent an e-mail authorizing the return with the relative code. All purchased goods must be returned to the sender-supplier within 10 working days (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend, when possible, to put it in a second box. In all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided. That is, we must do everything possible so that the returned product is intact in all its parts, including the packaging. The return costs and the means to be used will be at the expense and responsibility of the Customer who will not be compensated by Cinomania di Emilio Gaggini in the event that the goods are lost or damaged. It will also be necessary to specify on the package the words “Subject: withdrawal, order no., Invoice no., Sender. Packages without the aforementioned indications will not be accepted. Once the goods have been received, Cinomania di Emilio Gaggini will, following the positive outcome of the check on the returned goods, upon issuing a credit note of the entire amount paid by the customer, net of shipping costs only. shipping costs to the customer, since this gift is in any case subject to the purchase, since the purchase has ceased, by returning the equipment, the shipping costs already incurred by Cinomania di Emilio Gaggini would be recovered and deducted on the note The credit note will be refunded within 30 days unless the customer decides to purchase goods from equal amount or to keep the credit for future purchases.
11. Cases in which it is not possible to exercise the right of withdrawal
Based on the provisions of Art. 5 – paragraph 3 – letter “d” – Legislative Decree 185/99 The consumer cannot exercise the right of withdrawal in case of supply of sealed products, opened by the consumer. The right of withdrawal is totally lost, due to lack of the essential integrity of the goods (packaging and / or its contents), in cases where Cinomania di Emilio saggini ascertains: – Even partial use of the goods and any consumables – The lack o damage to the external packaging and / or the original internal packaging – The lack of any factory seal that affects the sale – The absence of integral elements of the product (accessories, cables, manuals, parts …) – The damage of the product for reasons other than its transport In the cases indicated above, Cinomania di Emilio Gaggini will return the purchased good to the sender, charging the shipping costs to the sender
12. Who has no right of withdrawal
The consumer cannot exercise this right of withdrawal if he buys for purposes related to his business or professional activity, that is, if he had purchased with a VAT number, with the relative issue of an invoice.
13. Cancellation of an order
The customer can cancel the order by simply communicating it by e-mail to firstname.lastname@example.org as long as it has not yet been processed.
14. Late termination
14.1 – Order with payment by advance bank transfer
Should the cancellation occur after the shipment of the goods, the customer will still be required to receive the goods, subsequently requesting the authorization to return. After the return, a credit note will be issued and the customer will be reimbursed for the amount paid, net of shipping and insurance costs for both shipping and return. Even if the customer refuses the delivery of the goods to avoid the subsequent return, he will still be required to reimburse Cinomania di Emilio Gaggini the shipping and insurance costs already incurred, as well as the shipping and insurance costs for the return of the goods by of the courier.
14.2 – Order with cash on delivery payment
If the customer who has requested and obtained to pay the goods on delivery, should cancel the order after the shipment of the goods, he will in any case be required to receive the goods, immediately requesting the return and the refund of the amount paid, net shipping costs. Even if the customer refuses the delivery of the goods to avoid the subsequent return, he will still be required to reimburse Cinomania di Emilio Gaggini the shipping and insurance costs, as well as the costs of cash on delivery already incurred, as well as the shipping costs and insurance for the return of the goods by the courier.
Our company has implemented and applies the “European Guarantee of Conformity” towards the “Consumer” (End User), which provides coverage for 24 months, from the date of purchase, against manufacturing defects and any non-conformities detected on the purchased product. The “Commercial Warranty” offered by the manufacturer, unless otherwise indicated, is 12 months. The guarantee does not cover products that are tampered with, repaired by third parties or used not in accordance with the conditions of use envisaged. Products deemed defective, which at the sole discretion of the Supplier are actually defective, may be repaired or replaced without this entailing any liability for the Supplier for any direct or indirect damage. Requests for return must reach Cinomania di Emilio Gaggini in writing and must be sent to infoòcinomania.com The guarantee is provided exclusively in our laboratories or those of the manufacturer, depending on the brand and type of equipment. Upon receipt of the authorization to return, the Purchaser is required to ship any defective product at his own risk and expense. Following the request, if this is authorized, the return code is communicated to the customer. The customer must send the goods to be returned to the address that will be communicated, indicating clearly on the package the code that has been communicated. The equipment must be shipped carriage paid, under penalty of non-collection by the collection center. They must be returned in their original packaging, and placed in another box with shockproof material, in order to avoid possible damage during transport. The equipment will first be checked, then a decision will be made, depending on the circumstances, whether to send it for service or to replace it. The warranty for consumable and easy to wear items such as batteries, bands and the like is limited to one year from delivery or shipment. Shipping costs are always charged to the customer, unless otherwise indicated on the return authorization e-mail.
With the order, the Purchaser assumes responsibility for compliance with the law and safety regulations relating to the use of the products purchased. Therefore, any liability of the Supplier for any and all direct or indirect damage caused to people or things caused by the improper use of the products supplied is excluded. Under no circumstances can the Supplier be held responsible, even indirectly, for the failure or insufficient functioning of the products and / or for consequential damage.
17. Legal notices
All the products on our online catalog are built in compliance with European directives. All trademarks in our catalog are registered by their respective owners. The images accompanying the various articles are purely indicative and do not always represent the article in detail. To be sure not to make mistakes, don’t rely on images but pay close attention to the descriptions that accompany each item. In case of uncertainty, our technical or commercial support is at your disposal to get all the explanations you need.
- In some special cases the shipping costs will still be charged to the customer.
- Shipping costs for orders destined abroad will always be charged to the customer.
- When you request the replacement of one or more items already purchased.
- If at least one promotional item is placed in an order, the shipping costs will be charged to the customer.
- It is strongly recommended that you do not send cash in envelopes.
- In the case of payment by bank transfer it will be necessary to send the accountant;
- After having made a PostePay Top-up it will be necessary to communicate it as soon as possible by e-mail;
- In the case of payment by Vaglia Veloce it will be necessary to communicate the number of the money order and the password;