Terms of Service
General Sales Conditions Online
These conditions are valid only between the company ABS S.r.l., based in Martellago (VE), via Trento n. 3 / b, registered at the Chamber of Commerce of Venice no. 02649620271 of the Business Register, C.F. and P.IVA 02649620271, hereinafter referred to as ABS S.r.l. and any natural or legal person who makes purchases online at www.absshop.com, hereinafter referred to as the 'CLIENT'. These conditions may be subject to change and the date of publication of the same on the site is the same as the date of its entry into force.
These terms govern the purchases made at www.absshop.it, in accordance with the provisions of Part III, Title III, Chapter I, Consumption Code, Legislative Decree no. n. 206/2005, as amended by D.lgs. n. 21/2014 and D.lgs. 70/2003 on electronic commerce.
ARTICLE 1 - Subject of the contract
With these general sales conditions, ABS S.r.l. sells and the CLIENT purchases the material goods shown and offered for sale at www.absshop.it. The contract is concluded exclusively through the Internet, by the CLIENT accessing the website www.absshop.it and finalising a purchase order according to the procedure provided by the site itself.
The products are sold to the CLIENT identified by the data entered and submitted on the order form in electronic format with the simultaneous acceptance of these General Sales Conditions.
The CLIENT agrees to view, prior to confirming their order, the present general conditions of sale, in particular the pre-contractual information provided by ABS S.r.l. and accept them by ticking the box provided.
The CLIENT may download and store a copy of these general sales conditions during the acceptance procedure, as provided for in art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
In any case, these terms of sale are always available at www.absshop.it.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
The CLIENT, before the conclusion of the purchase agreement, assesses the characteristics of the goods shown on the individual sheets produced at the time of the CLIENT's choice.
Before the conclusion of the purchase contract and prior to validating the order with "payment obligation", the CLIENT is informed about:
- the total price of the goods including the tax, with the details of the shipping costs and any other calculable cost;
- payment methods;
- the time limit within which ABS S.r.l. undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 8 of these Conditions) and a form of withdrawal as set out in annex I, part B of Legislative Decree 21/2014;
- the CLIENT 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.
The CLIENT can at any time and in any case, before the conclusion of the contract, access the information relating to ABS S.r.l., the geographical address, telephone and fax number, e-mail address, information that is reported as follows:
ARTICLE 3 - Conclusion and Effectiveness of the Contract
The contract is sealed when ABS S.r.l. receives the order form correctly filled out using the procedure provided by www.absshop.it.
Product offers on www.absshop.it are aimed at adult (18+) CLIENTS. By making an order through this website, the CLIENT guarantees to be of age and in any case to have the legal capacity to enter into binding contracts according to the regulations in force in their state of residence.
The CLIENT is forbidden to insert false and / or invented and / or fanciful names in the on-line purchase order and further communications. ABS S.r.l. reserves the right to legally pursue any violation or abuse, in the interest and for the protection of all consumers.
By accepting these Terms of Sale, the CLIENT exempts ABS S.r.l. from any liability arising from the issuance of incorrect tax documents due to data errors provided by the CLIENT when entering the online order, as the CLIENT is solely responsible for their correct insertion.
The CLIENT undertakes to verify the correctness of the personal data contained therein and to promptly notify ABS S.r.l. any corrections.
ABS S.r.l. undertakes to describe and present the articles sold on the website in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the website and the actual product may exist. In addition, the photographs of the products presented at www.absshop.it are not a contractual element, as they are only representative.
ABS S.r.l. undertakes to deliver the goods within 30 days of the receipt of the purchase order.
ARTICLE 4 - Product Availability
Upon receipt of the CLIENT’s order the product will be put into production based on the features chosen by the CLIENT during the online procedure. If it is impossible to carry out the order requested by the CLIENT, they will be informed promptly by e-mail.
In the event that one or more products within the CLIENT’s order are not available, the order shipment will be automatically blocked and the CLIENT will be informed by e-mail. In the same e-mail the CLIENT will be notified of the new delivery terms or modification of the order (with the cancellation of the products out of stock). Within 5 days of receipt of the communication the CLIENT must notify ABS S.r.l. of their intent to cancel the new order. In the event of non-communication by the CLIENT the new order will be deemed confirmed by ABS S.r.l., which will trigger the shipment procedure.
In case the CLIENT requests the cancellation of the order, ABS S.r.l. will reimburse the amount paid within 14 days from the date on which ABS S.r.l. was made aware of the CLIENT's decision to terminate the contract.
ARTICLE 5 - Payment Methods
The following payment methods are accepted by www.absshop.it:
- Cash on delivery (Italy only)
- Bank transfer
- PAYPAL: www.absshop.it accepts the PayPal Accounts system.
ARTICLE 6 - Prices
All sales prices of the products indicated on www.artedepra.it are expressed in Euro and include Italian VAT (22%).
The shipping costs indicated in the shipping cost section are not included in the purchase price, but are indicated and calculated at the time of the purchase process and before the CLIENT validates the order with "payment obligation".
In the case of extra-EU shipments, the CLIENT will be informed of the possibility of additional costs due to taxes or fees provided by the legislation in force in the State of destination; such additional costs will be fully incurred by the CLIENT.
The CLIENT accepts the faculty of ABS S.r.l. to modify its prices at any time; however, the merchandise will be invoiced on the basis of the prices indicated on the website at the time of order creation and clearly indicated before the CLIENT proceeds to validate the order with "payment obligation".
In the event of computer, manual, technical, or any other mistake that may cause a substantial change of the sale price to the public, not foreseen by ABS S.r.l., which makes it exorbitant or clearly irresistible, the purchase order will be considered invalid and cancelled and the amount paid by the CLIENT will be refunded within 14 days from the day of the annulment.
ARTICLE 7 - Shipping
By submitting the purchase order, the CLIENT undertakes to sign the bill of shipment presented by the shipper, upon which they may submit any observations they may deem necessary. By signing the bill of delivery, the CLIENT acknowledges that they have received the number of packages indicated on the latter.
Any event, such as force majeure, brutality, strike, administrative decision or transport seizure, which could delay or prevent the supply or cause an exorbitant increase in cost, constitutes, by explicit agreement, a clause suspending or extinguishing ABS S.r.l.’s obligations, without any compensation for the CLIENT if the event lasts for more than 15 days. In such a case the CLIENT will be fully and automatically exonerated from all their obligations regarding the order.
ABS S.r.l. will inform the CLIENT, by any appropriate means and on the same day, of the existence of such an event, in order to allow them to disengage freely from their order by simply responding to the information e-mail that has been transmitted to them.
If delivery to the CLIENT is not possible for that reason, the company ABS S.r.l. reserves the right to invoice them for a lump sum for the administration costs of € 20 incl. VAT.
ARTICLE 8 - Right of withdrawal
In accordance with the provisions of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments), the CLIENT consumer has the right to withdraw from the purchase without any penalty and without specifying the reason. The withdrawal period expires after 14 days from the day the CLIENT or a third party, other than the carrier and the designated CLIENT, acquires the physical possession of the goods.
The CLIENT must give notice of the right of withdrawal within 14 days of receipt of the submitted order. Within the same 14 day period the CLIENT must have shipped the goods to ABS S.r.l. by delivery to the carrier designated by the CLIENT.
B. Type withdrawal form within the meaning of Article 49, paragraph 1, lett. H -
(Fill in and return this form only if you want to withdraw from the contract)
- With this form I / we (*) notify the withdrawal from my / our (*) sales contract of the
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Consumer (s)’ Address
- Signature of the consumer (s) (only if this form is notified in hard copy)
(*) Delete the unnecessary words.
The goods must be returned to ABS S.r.l., with headquarters in Martellago (VE), via Trento n. 3 / b.
The goods must be returned in full, in their original packaging, complete in all parts (including packaging and any documentation and accessory) and complete with the attached tax documentation; the goods must not have been used, worn, washed or damaged. The returned goods must be sent to ABS S.r.l. in one shipment. ABS S.r.l. reserves the right not to accept goods of the same order rendered and dispatched at different times.
Subject to the possibility of verifying compliance with the above, ABS S.r.l. will repay the returned product cost within a maximum of 14 days.
The costs of return in case of right of withdrawal will be the sole responsibility of the CLIENT.
As provided by Art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, ABS S.r.l. may suspend the repayment until the receipt of the goods or until the CLIENT has demonstrated that they have returned the goods to ABS S.r.l .
ABS S.r.l. will make a refund using the same payment method chosen by the CLIENT during the purchase. In case of payment by wire transfer, and if the CLIENT intends to exercise their right of withdrawal, they must provide ABS S.r.l. with the IBAN, SWIFT and BIC bank coordinates necessary for the repayment by ABS S.r.l.
ARTICLE 9 - Legal Compliance Guarantee
If the CLIENT receives goods that do not comply with the orders or are defective, they have the right to the restoration of the product's conformity by repair or replacement of the product. All products sold by ABS S.r.l. are covered by the 24 (twenty-four) month warranty for defects of conformity, pursuant to Title III of Legislative Decree no. 206/2005. In order to benefit from warranty service, the CLIENT will have to keep the invoice and the payment receipt, together with the shipping document. In the event of a defect of conformity, the Buyer may request, alternatively and without charge, the repair or replacement of the purchased item, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to meet or is overly burdensome for ABS S.r.l. under art. 130, paragraph 4, of the Consumption Code.
The CLIENT, where ABS S.r.l. has accepted the CLIENT's request, must indicate the proposed reduction of the price or the ways of returning the defective goods. In such cases the CLIENT will indicate how to re-accrue the sums previously paid to ABS S.r.l.
ARTICLE 10 - Limitation of Liability
ABS S.r.l. assumes no liability for any disruption due to force majeure if it fails to execute the order within the times stipulated in the contract.
ABS S.r.l. will not be held responsible to the CLIENT, except in case of guilt or gross negligence, for disruption or malfunction related to the use of the internet outside their own or sub-suppliers’ control.
ABS S.r.l. shall not be liable for damages, losses and costs incurred by the CLIENT as a result of the failure of the contract for causes not attributable to them, since the CLIENT is entitled only to the full refund of the price paid and any ancillary charges incurred.
ABS S.r.l. assumes no responsibility for the fraudulent and illicit use that may be made by third parties, credit cards and other means of payment, at the time of payment of the purchased goods, if it proves that it has taken all possible precautions based upon due diligence.
ARTICLE 11 - Access to the website
The CLIENT has the right to access the website for consultation and purchase. No other use, in particular commercial, of the site or its contents, is permitted. The integrity of the site's elements, whether sound or visual, and the related technology remain the property of ABS S.r.l. and are protected by the intellectual property right.
ARTICLE 12 - Processing of CLIENT data
ARTICLE 13 - Cookies
The website www.absshop.it uses 'cookies'. Cookies are electronic files that record CLIENT's browsing information on the site (see pages, date and time of consultation, etc.) and that allow ABS S.r.l. to offer a personalized service to its CLIENTS.
ARTICLE 14 - Integrity
These General Terms and Conditions of Sale are made up of all the clauses that form them. If one or more of the provisions of these General Sales Conditions are considered invalid or declared as such in accordance with law, regulation or decision by a court having jurisdiction, the other provisions will continue to be fully enforceable and effective.
ARTICLE 15 - Applicable Law and Jurisdiction
The sales contract referred to in these Terms and Conditions is governed by Italian law. Any dispute that does not find a friendly solution will be subject to exclusive jurisdiction of the Court of the place of residence or domicile of the CLIENT, if located in the territory of the State.
In any case, it is possible to use the mediation procedures provided for in Legislative Decree 28/2010, or assisted negotiation, to resolve any disputes arising in the interpretation and execution of these sale conditions.