GENERAL TERMS AND CONDITIONS OF THE AGREEMENT

1. Definitions

For the purposes of these General Terms and Conditions the following definitions apply:

 

Seller: CR8 RESPIRA is an industrial property of Euprana srl, VAT no. 12785950010, with registered office in Turin Via San Secondo 15, email info@eupranasrl.com.


Privacy Code: the Personal Data Protection Code, regulated by Legislative Decree. June 30th 2003, no. 196 as amended and supplemented;


E-commerce: a particular form of commerce, regulated in Italy by the Consumer Code (D.Lgs. September 6th 2005 no. 206) and the E-Commerce Decree (Leg. April 9th 2003 no. 70), in which - as far as is relevant here - the Seller and the Purchaser conclude the contract at a distance through the Site (and therefore without their physical and simultaneous presence) and in which the delivery of the products is not simultaneous and takes place (as in this case) by means of shipment through third party operators (couriers/forwarding agents).


Shopping Cart: the section of the Site intended for the completion of the Purchase Order. General Terms and Conditions: these General Terms and Conditions, through which the Seller intends to regulate the sales relationship with its customers;


Consumer: the person who, by accessing the Site, browses and can make on-line purchases of Products in accordance with the procedure laid down;


Credentials: the user id and password chosen by the Consumer when registering on the Site, to be used for the purposes indicated on the Site from time to time;


Privacy Policy: The privacy policy, drafted in compliance with Articles 13 and 14 of EU Regulation 2016/679 (GDPR) and Legislative Decree 196/03 (Privacy Code) as reformed by Leg. Decree 101/2018.


Registration Form: the form on the Site through which the Consumer proceeds to create an account.


Purchase Order: the purchase order placed by the Consumer through the procedures of the Site;


Products: the products sold through the Site under the E-Commerce regime; Website or Site: the website allocated on the domain www.cr8respira.com;

 

Services: the e-Commerce services made available to Consumers by the Seller through the Website, such as, for example, the on-line purchase procedure in e-commerce mode, the on-line catalog, the sales promotion services, the shopping cart and all the other tools that facilitate the Consumers' navigation of the Website, in addition to the services, whether or not accessory to the sale of a Product, as well as any other and different activities that are carried out by the Seller through the Website;

2. Application of these General Terms and Conditions

These General Terms and Conditions govern the general rules of the Services offered by the Vendor to all Consumers via the Web Site.
In completing the telematic purchase procedure, the Consumer approves these General Terms and Conditions.

3. Purchase Order

In order to finalize the Order, the Consumer must create his/her own account by filling in the Registration Form and choosing his/her Credentials.
Once the Product he/she wishes to purchase has been selected, the Consumer must access the Shopping Cart and follow the instructions therein to complete the payment procedure by credit card, Paypal or bank transfer.

 

Once payment has been made, the Consumer will receive an e-mail confirming receipt and acceptance of the Purchase Order by the Seller.
The sales contract is deemed to be concluded when the consumer receives this e-mail.
The shipping cost of the Products will be shown in the Shopping Cart before the completion of the payment procedure.

4. Delivery of the Products

Once the products are available, deliveries will be made during normal working hours to the address indicated by the Consumer and in the manner specified in the order confirmation e-mail.
Upon delivery, the consumer must check the contents, specifying in the transport document and/or delivery note any anomalies and/or deviations from what was ordered.


In the event of failure to collect the Products within the time limit set by the carrier, the Products shall be returned to the Seller, who shall refund the Consumer the price but not the shipping cost.
The Seller cannot be held liable for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Consumer, for any damage that may occur to the Products after delivery to the courier if the latter has been chosen by the Consumer or for delays in delivery attributable to the latter.

5. Right of withdrawal

The Consumer has the right to withdraw from the Purchase Order without giving any reason within 14 days from the day he/she received the product. If the Consumer has instructed a person of his/her choice to collect the product, the withdrawal period begins on the day of delivery of the product to the designated person, other than the carrier.


To exercise withdrawal, the Consumer must communicate his/her decision by e-mail to info@cr8respira.com within a period of 14 days after receipt of the product, indicating all data listed in Shipping and Returns. The Seller will then contact the forwarding agent to arrange collection as indicated in the Consumer's e-mail and will send the latter an e-mail with all relevant information.


In the event of withdrawal, the Seller will refund the Consumer the price of the product less the shipping costs.

The refund will be made by the same method of payment that the Consumer used to place the Purchase Order. Refunds may be withheld until the return of the product by the Seller and may be refused by the Seller if the returned product turns out to be:
- Not intact and/or used;
- the product is damaged due to the Consumer's fault and/or negligence.

6. Guarantee

The Seller guarantees the compliance of the Products with the contract of sale pursuant to Articles 129 and 130 of the Consumer Code (Legislative Decree September 6th 2005 no. 206).
In the event of a defect in the Product covered by the guarantee, the Consumer shall be entitled to replacement of the defective Product by the Seller without incurring any costs. He is also entitled to a price reduction or termination of the contract if the seller has not replaced the product within a reasonable period of time. The consumer's use of the product is taken into account in determining the amount of the price reduction. A minor defect for which it was not possible or is excessively onerous to exhaust the remedies of replacement does not entitle the parties to rescind the contract.

 

Slight non-substantial differences between the Products and their illustrative images and the text descriptions published on the Site do not constitute lack of conformity.
The Seller shall be liable when the lack of compliance becomes apparent within a period of 5 days after delivery of the Product.

 

The Consumer forfeits the right of guarantee if he/she does not report the lack of compliance to the Seller within a period of 5 days from the date on which he/she discovered the defect. The defect must be reported by e-mail to info@cr8respira.com.

7. Applicable Law and Competent Court

These General Terms and Conditions, like any contract entered into with the Consumer, are governed by Italian law and, in particular, for relations with the Consumer, Title III, Chapter I of the Consumer Code (Legislative Decree September 6th 2005 no. 206).
With the exception of the mandatory jurisdiction provided for in Art. 66 bis of the Consumer Code (Leg. Decree September 6th 2005 no. 206), any dispute concerning the validity, interpretation and/or execution of the General Terms and Conditions or of the sales contracts entered into with the Seller shall fall under the exclusive jurisdiction of the Court of Turin.

 

Also applicable are the out-of-court dispute resolution methods provided for in Part V, Title II bis of the Consumer Code (Legislative Decree September 6th 2005 no. 206).