These General Conditions (hereinafter, "General Conditions") govern the sale of products offered on the website www.simpleday.it (hereinafter also referred to as the "Site") between the selling company, Generalimport S.r.l., with registered office in Reggio Emilia, via Giuseppe Soglia 12, Tax Code 03430090260 and VAT No. 01963010358, Share Capital Euro 36,000.00 i.v., registered with the Reggio Emilia companies register at No. 229202 (hereinafter, the "Supplier") and the customers who buy Products on the Site (hereinafter, the "Customer").
Please read the following terms and conditions carefully. Accessing this website and placing an order at our address implies acceptance of the conditions below. Failure to accept these terms and conditions, even at a later time, precludes your use of this website.
To contact us at any time, you can use the appropriate contact information found on the website or send us an e-mail to info@simpleday.it
CONTRACT
By this contract, respectively, the Supplier sells and the Customer purchases at a distance through telematic means the tangible movable goods indicated and offered for sale on the site www.simpleday.it
The Simple Day trademark is the exclusive property of the company Generalimport Srl.
The products offered for sale are illustrated on the web pages of the Site
The contract between the Supplier and the Customer is concluded exclusively through the Internet through the Customer's access to the address www.simpleday.it, where, following the indicated procedures, the Customer will arrive to formalize the proposal for the purchase of the goods offered by the Supplier.
The purchase contract is concluded through the exact completion of the request form and the consent to the purchase manifested upon viewing a web page of order summary, in which the details of the ordering party and the order, the price of the purchased goods, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered and the existence of the right of withdrawal are indicated.
At the time when the Supplier receives of the Customer's order provides for the sending of an e-mail confirmation and summary of the order, printable, in which the data recalled in the preceding paragraph are also reported.
The contract shall not be deemed to be perfected and effective between the parties in the absence of the above point.
PRODUCTS AND AVAILABILITY
The Customer prior to the conclusion of the purchase contract, take note of the characteristics of the goods that are illustrated in the individual product sheets at the time of selection by the customer.
The graphic representation of the products (images, technical data and descriptions) is made for the sole purpose of illustrating the product and is purely indicative. Products may therefore differ from what is depicted on the video for obvious reasons of screen color setting (e.g., the color tone of a product). We strive to compile product sheets as accurately as possible but errors on the descriptions given are always possible. Many products are handcrafted and therefore there may be differences in measurements or color tones even between two identical products or from the same collection.
Product availability refers to actual availability at the time the Customer places the order. However, this availability should be considered purely indicative as the products may be sold to other customers before the confirmation of the order, due to the simultaneous presence on the site of several users. There could also be a computer anomaly such that a product is available for purchase when in fact it is not.
Even after the order confirmation e-mail sent by the Supplier, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product or products and the Customer will be immediately informed by e-mail; with this e-mail the customer will also be informed of the manner and timing of reimbursement of any sums paid.
Product prices may be subject to update at any time. Prices are understood to include 22% VAT. For each order, the prices shown on the website www.simpleday.it at the time of the order are binding for the order itself. Any promotions initiated after the confirmation of the order do not give the right to price decreases even if they came into effect before the delivery of the order.
METHOD OF PAYMENT
The Supplier accepts the following methods of payment:
- Credit Card: Visa, Mastercard, America Express, Maestro. The amount will be charged to the card at the time of shipment.
- PayPal:to purchase online conveniently, without the need to type in credit card information on the site. The account is charged when the order is completed.
- Cash on delivery:method available for amounts less than €999. At the time of delivery you will need to have available in cash the exact amount of the order indicated in the shipping confirmation email; the courier cannot give change and does not accept checks. A bank or postal account must be designated for any refund. This method of payment has an additional cost of € 4.50. In case of withdrawal, cash on delivery charges are not refunded under any circumstances.
- Advance bank transfer. The shipment will be made upon receipt of the transfer
SHIPPING AND DELIVERY
The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the good, as confirmed in the confirmation e-mail. The timing of the shipment may vary from the same day of the order to a maximum of 5 working days from the confirmation of the order. In the event that the Supplier is unable to ship within said time frame, timely notice will be given to the Buyer by e-mail.
Shipping methods and costs are clearly stated and well highlighted in the procedure completed by the customer in the check-out and before payment.
We entrust our shipments to express couriers. The customer will receive a notification of successful shipment by e-mail which contains the shipment number, the courier to whom we entrusted the goods and the link to the tracking page to follow the status of the shipment. Usually, deliveries in Italy take place within 1 or 2 working days from the date of shipment.
The supplier is not responsible for any delivery delays due to the customer's incorrect or incomplete completion of address information (including any useful information for the courier such as name on intercom, staircase, extension etc.), or for any delays due to the courier.
At the time of delivery, the Customer is required to verify that the number of packages being delivered corresponds to what is indicated in the transport document anticipated by e-mail and that the packaging is totally intact, not damaged, dented, punctured, wet, torn, reconditioned with adhesive tape not from the supplier, or in any way altered, even in the sealing materials (adhesive tape or metal strapping). In case the packages are obviously damaged, the customer is required to fill in the specific reserve to the courier on the delivery note (open package, damaged box, etc.). In the absence of the said reserve, the supplier is not responsible for damages/shortages related to the shipped products. If the customer accepts the delivery of a damaged/damaged package by placing specific reserve, he/she is required to report the incident within 7 calendar days of delivery, after that time the claim cannot be accepted.
RIGHT OF WITHDRAWAL AND RETURN
The customer has in any case the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 (fourteen) calendar days from the day of receipt of the purchased goods.
In case the Buyer decides to make use of the right of withdrawal, he must notify the supplier by choosing the most appropriate means, or by registered mail with return receipt to the address: Simple Day Returns, c/o Generalimport Srl, Via Soglia 12 - 42124 Reggio Emilia, or by e-mail to resi@simpleday.it
In any case, the return of the goods must take place no later than 10 (ten) days from the date on which the will to exercise the right of withdrawal is communicated. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in original packaging, unused and, in any case, in normal condition. The customer is responsible for the proper packaging of the product to be returned, if the product to be returned will not be packed in a suitable manner to avoid damage in transit and should break, the responsibility falls to the customer.
In accordance with the Consumer Code, the cost of returning the product is the responsibility of the customer, and the supplier is required to refund the full cost of the product and any shipping costs of the order. If the return is made for only part of the items ordered, the reimbursement of shipping costs is recognized in proportion to the cost of the returned items. If the customer intends to take advantage of our agreements with couriers for the return the cost of return shipping will be borne by the supplier who will deduct the cost from the refund to be made to the customer. The cost charged is that of standard shipping.
Returns must be made to Simple Day Returns, c/o Generalimport Srl, Via Soglia 12 - 42124 Reggio Emilia.
When the supplier receives the return shipment, he agrees to verify within 14 (fourteen) days the conformity of the return and refund the customer. The refund is made by the same instrument used for payment except for cash on delivery for which the refund is made by bank transfer. Cash on delivery charges are never refunded.
LEGAL WARRANTY
Products sold on the site are covered by the Legal Guarantee of Conformity as per articles 128-135 of the Consumer Code. Said guarantee is for consumers and therefore applies to the Customer who makes the purchase for purposes unrelated to the professional, entrepreneurial, artisan, commercial activity carried out.
The Vendor is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.
Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the products shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the defect of conformity. From the seventh month after delivery of the product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed when the product was delivered.
Excluded from the scope of application of the Legal Warranty are any failures or malfunctions caused by accidental events or by the Customer's responsibility, or by use of the product not in accordance with its intended use and/or with what is provided in any technical documentation attached to the product.
In the event of a lack of conformity duly reported within the terms, the Customer shall be entitled to repair or replacement of the good, free of charge, at his or her option, unless the remedy requested is objectively impossible or excessively expensive compared to the other. That is, in the event that repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable period of time or the repair or replacement previously carried out has caused significant inconvenience to the consumer, the customer may request a reduction in the price or termination of the contract, at his or her option.
SETTLEMENT OF DISPUTES
These General Conditions of Sale are governed by Italian law and subject to Italian jurisdiction.
Any dispute concerning the validity, execution or interpretation of these General Conditions of Sale and their effects shall be settled by: a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer and is resident or domiciled in Italy; b) exclusively the Court of Reggio Emilia, in any other case.
The Customer may also have recourse to the Online Dispute Resolution (ODR) procedures made available by the European Commission by connecting to the following link: https://ec.europa.eu/consumers/odr