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TERMS AND CONDITIONS OF SALE


1.    Object of the contract
2.    General terms and condition of sale
3.    Purchase order terms and conditions
4.    General information
5.    Jurisdiction Clause
6.    Right of withdrawal
7.    Warranty

8.    Terms of Payment

9.    Delivery

10.  Tracking
11.  Privacy policy (Law no.675/96)
 
1.    Object of the contract
General Terms and Conditions of sale apply to all sales issued by Avà S.r.l made on Ava-design.it website. www.designplex.it is a trading name of Avà S.r.l. (SELLER). Our registered office and trading address is Via Bachelet, 11, 93017 San Cataldo (CL) – Sicily – Italy. Our VAT Number is 01780350854; our company number is 97846. Each purchase transaction and privacy policy will be regulated in accordance with the procedure laid down by the law (Legistative Decree no. 185/99 and Law no. 675/96).

2.    General Terms and conditions of sale
Avà s.r.l. acceptance of the order confirmation determines contract closure. Placing an order, the Buyer declares to have read the information provided during the purchase procedure and to accept general conditions of sale indicated here below. After the purchase, the consumer (individuals) will print or save a copy of these general terms in accordance with Legislative Decree no. 185/1999 art. 3 and 4 for distance sales, and Law no. 675/96 for Privacy protection law. Customer shall have no right to any compensation and shall not be entitled to any indemnity or refund, including any and all liability expressed or implied in contract for direct or indirect damages to persons and/or things, caused by the lack of acceptance, including partial acceptance, of an order. Avà S.r.l. issues invoices (for companies) or a receipt added to the items. For the issue of the invoice, Avà S.r.l. will use data given during the order. The goods availability on the website is not binding since it might not correspond to the real amount of the stock. Delays in order fulfillment (15 days for Individuals, 30 for companies) gives the Client the chance to cancel the purchase order. .
 

3.    Purchase order terms
The customer may purchase the goods of Avà catalogue available on www.designplex.it website. The buyer may order by email. The pictures of the item shown in the descriptive sheet shall be representative of its characteristics and may differ by colour, dimensions and accessories. Purchase support information is intended as information material and not to the real characteristics of a single product. The correct receipt of the order will be confirmed by e-mail to the e-mail address transmitted by the customer. The message will report: a) the date and the hour of the order fulfillment and an “Order Number”, to use for further messages with Avà S.r.l.; b) the data entered by the Client who has to check their accuracy and immediately notify any changes. If the order has not been placed succesfully, the customer will receive an e-mail. For further complaints, contact us by phone (+39 0934 061132), email (info@ava-design.it) or by postal service (Avà srl Via V. Bachelet 11 – 93017 San Cataldo (CL) – Italy.

4.    General Information
Ava-design.it mainly uses express carriers to ship products. Shipping costs exclude insurance for damage or loss up to the point of delivery to customer address. Customers may obtain the product warranty. During the applicable duration of this warranty, Avà Srl will replace the goods. The Customer receiving the delivery should check the number of packages indicated on the carrier's delivery note corresponds to the number delivered and ensure the package is intact and not damaged. The carrier must be immediately notified of any damage. Once signed the receiving documents provided by shipping company, the Customer can not notify package characteristics. If the package is intact, the customer may write “Intact package; the customer reserves the right to verify the contents” to notify to the carrier any damage of the product. If the item is faulty or damaged on arrival, the Customer should contact us within 5 working days. Delivery of the merchandise is guaranteed within 24 hours from purchase order, excluding holidays and weekends (for credit card or cash on delivery payements). Our company declines any liability for delays caused by force majeure. .

5.    Jurisdiction Clause
Any dispute arising out of this agreement and its intepretation shall be subjected to the jurisdiction of the Competent Court of Caltanissetta (Italy) where the claimant is based. These general terms of sale shall be governed by italian law (Legislative Decrees no. 50 of 15 November 1992 and no. 185 of 25 May 1999).

6.    Right o withdrawal
Purchase transaction is ruled by legislative decree n. 185/99. This law ratify the right to withdraw from the contract concluded via internet and to obtain the purchase refund. The right of withdrawal is a facility for customers ("consumers") who purchase for purposes that are not related to a business. Under the current regulations, customers who have purchased for commercial, professional or VAT purposes are excluded from this right of withdrawal. The right of withdrawal does not apply to CDs, DVDs and/or any sound-recording medium the customer has opened. Please note that all extra postage costs incurred are payable by the customer. For the exercise of the right of withdrawal, we recommend using appropriate external packaging that prevents the original packaging being damaged, or altered in any way; the product must also be accompanied by all its original components (accessories, power cables, manuals etc). Any shipment received that contravenes the procedure will be rejected. Exercising the right of withdrawal, the customer "consumer" must inform us of his decision to withdraw from the contract within 10 working days from delivery of goods by sending a registered mail to Avà srl - Via Bachelet n° 11, 93017 San Cataldo (CL). The customer has to send an e-mail before the registered mail. Avà S.r.l. will issue a return authorization (RMA) number. After receiving the RMA number, the customer should return the product at his expense shipping the packet with the carrier he prefers. Customer is responsible for all shipping cost including insurance. Customer should obtain and pay for shipping warranty. If not , Ava Srl reserves the right to charge the customer for any damages. The product must be shipped to our address in Avà S.r.l. Avà srl Via Bachelet n° 11, 93017 San Cataldo (CL) within 2 days of the receipt of the RMA number. Reimbursement should be received within a maximum of 15 days from receipt of goods. We will make a bank transfer according to bank code sent by email.

7.    Warranty
All products sold by Avà S.r.l., are covered by a warranty period of 24 months applies to the product presenting non compliant defects, according to Italian legislative Decree No. 24/02. To use the warranty, the customer will keep the document received with the purchased goods. A warranty period of 24 months applies to the product presenting non compliant defects, provided that the product has been used properly, following usage guidelines and technical information provided. This warranty is riserved to the Consumer (a person who buys goods not related to his professional activity or does not have a VAT number). In case of non compliant defects the consumer has the right to have the goods repaired or replaced at Avà Srl expense. If, after a technical intervention, there would not be a non compliance defect, the customer will be charged for any additional cost (e.g. shipping fees). If the product is no longer in production and/or Avà Srl can not repair it, our company will refund the costs on goods the customer returns or substitute it with a product of similar value in 15 working days from the purchase. Contact us for further information.

8. Terms of Payment

PayPal/Credit card: with Credit card and PayPal payment the purchase is safe and simple, without any additional cost for the buyer.

Bank Transfer within 3 business days.

Payee name: Avà S.r.l.

Payee bank code: IT 67 D 08952 83420 000000018743

Cash on delivery:

Cash on delivery conditions:

1. Payment must be made by cash to the carrier (cheques or bank drafts will not be accepted);

2. The carrier only accepts the right amount of the wares;

3. The fulfillment of the order will be made only depending on goods availability.

4. There is an additional cost of € 5,00 calculated before the order confirmation;

5. The maximum amount is € 500,00.

 

The receipt will be issued immediately after the purchase. For the invoices you are requested to let us know at the moment you buy the goods. We will not accept postal money.

 

9. Delivery

Delivery will be confirmed only after payment has been received. We aim to dispatch orders promptly, usually within 1 to 2 working days of receipt of cleared payment. The customer will also receive a confirmation email for the delivery status. The shipping charges include delivery service, packaging material and its price. Shipping charges relate to a single item. The goods are shipped with tracking numbers, to make the article safer.
(Tracking number will be sent to the confirmation email). Delivery times are based on the Carrier Company's estimates and they are not guaranteed. We have no control over the reliability of the delivery services.
If the customer does not receive the item and it will return to the sender, return-posting costs will be at his expense. For any problems in the delay, the customer will not claim to Avà S.r.l. and may ask information to the indicated carrier. We shall ensure compliance of the product the customer sees on the web. We always add some photos in the description, so we will discharge ourselves of any liability after the despatch.

If the customer wants to use the first class post service, he has to choose a traceable and guaranteed payment method, such as a certified mail. Otherwise, we will not send the product until the payment has been received because of Custemer’s violation of this agreement.

Another option to purchase goods is “Ex Works” (EXW). It means that the we will make the products available to the customer at our premises (Via V. Bachelet, 11 – 93017 San Cataldo (CL). After sending a confirmation e-mail, the customer may pay for the item and collect it.

10. Tracking

The customer can easily track the status of his shipmen. He may login, look at his previous orders and click on them.


11.    Privacy policy (Law no.675/96)
Personal data are useful for goods delivery. Information may include customer’s phone and mobile phone number. Any data he provides will be stored on magnetic media and will not be transferable. The customer may view, modify or delete information by sending an email