PreambleThe general terms and conditions of sale and use indicated below (hereinafter: “Terms and Conditions”) apply to all sales (“Services” or, individually, “Service”) supplied by Confezioni Andrea Italia S.r.l. through its domain www.covercar.com (“Site”).
The use of Services is only permitted to a registered user who has:
a) viewed the Information notice relating on the processing of personal data;
b) accepted the Terms and Conditions and given his/her consent to the processing of his/her personal data for purposes connected with the supply of the Service;
c) created an account, as follows.
Confezioni Andrea Italia S.r.l. informs the users as follows.
The provider of Services under the Terms and Conditions is:
Confezioni Andrea Italia S.r.l., with registered office in Varese (VA), 21100, via Friuli 8; Italy, legally registered with the Commercial Chamber of Varese, REA No. VA 355028, VAT No. IT03482960121, e-mail: firstname.lastname@example.org .
In this document the company Confezioni Andrea Italia S.r.l. will be referred to as “Confezioni Andrea ”.
The Terms and Conditions will also apply to new types of Services that will be provided by Confezioni Andrea in future, unless otherwise envisaged upon registration or when the new service is first provided.
The user is requested to read the Terms and Conditions carefully, to print a copy and/or save them on a long-lasting medium.
SPECIAL NOTICE FOR CONSUMERS. Only users who are consumers and individuals of full age can subscribe. The term “Consumers” means physical individuals who access the Site and the Services for purposes not connected with any sales, business or professional activities they may conduct.
1. Introduction and scope
1.1 These Terms and Conditions apply to all the Service provided by Confezioni Andrea on the Site.
1.2 The Terms and Conditions may be modified at any time. Any modifications and/or new conditions will come into force when they are published in the “Terms and Conditions” section on the Site. For this purpose, we invite users to access the Site on a regular basis and to check that the most up-to-date Terms and Conditions have been published.
1.3 The applicable Terms and Conditions are those in force at the date of submission of the purchase order, and any amendments occurred after the sending of the order will have no effect on the contract of sale to which the order refers.
1.4 These Terms and Conditions do not govern the sale of products and / or the supply of services by entities other than Confezioni Andrea who are accessed on the Site via links, banners or other hypertextual connections. Before carrying out commercial transactions with these parties, the user is required to verify their sale terms and conditions. Confezioni Andrea is not responsible in any way for the supply of services and / or sale of products by any third party. Confezioni Andrea does not carry out any kind of controls and/or monitoring on sites that can be browsed by those links. Therefore Confezioni Andrea will not be held liable for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
2.1 In order to make purchases on the Site the user is required to register on the Site, clicking on the box “Register” in the home page of this Site, to generate an account, to read the Information on the processing of personal data, to give his/her consent to the personal data processing for purposes related to the Service, to approve the Terms and Conditions. If the user does not accept the Terms and Conditions and the personal data processing for purposes related to the Service, the same cannot be registered for the Site and cannot purchase from the Site .
2.2 Registration at the Site is free. In order to register himself/herself, the user must complete the registration form filling in the name, an email address and a password (hereinafter the “Credentials Registration”). Registration will be confirmed by e-mail sent to the address provided by the user.
2.3 Credentials Registration should be used only by the user and cannot be given to third parties. The user must inform without delay Confezioni Andrea on suspicion misuse of the Credentials Registration. The Registration Credentials may be modified by the user at any time by accessing the Site under “My Account”.
2.4 The user warrants that the Registration Credentials provided during the registration process to the Site are complete, true and correct. All transactions made through the Registration Credentials shall be considered done by the Customer to which the Registration Credentials relates.
2.5 The Services are provided and carried out in Italian in Italy and in English in the other territories.
2.6 Only a single registration per user is available. The multiple registrations will be deleted by Confezioni Andrea.
2.7 In the personal area “My Account” on the Site, the user can view orders executed and manage personal data and the newsletter registration.
2.8 Confezioni Andrea reserves the right to reject the registration of a user whenever it deems valid reasons. Confezioni Andrea has also the right not to accept orders, from wherever they originate, that are anomalous in terms of the quantities of products being purchased or the frequency of the purchases made on the Site.
2.9 The user may at any time unsubscribe from the Site simply clicking the “Unsubscribe” link in the personal area “My Account” on the Site, or sending an e-mail to email@example.com.
3. Pre-contractual Information
3.1 Confezioni Andrea informs the user on the process to purchase one or more products on the Site as follows:
– the user shall fill in an order form and send it electronically to Confezioni Andrea, following the instructions appeared on the Site from time to time and related to the different stages of the purchase;
– before submitting the order form the user shall be provided with the information concerning the identity of Confezioni Andrea, the main characteristics of the product, its total price including delivery charges, and any other additionally cost, the right of withdrawal, the languages to be used for the purchase, other than Italian,
-before submitting the order form the user will be able to identify and correct errors in the data supplied by following the instructions from time to time indicated on the Site and which will accompany the different stages of the purchase;
– before submitting the order form the user shall accept the Terms and Conditions and authorize Confezioni Andrea to process the data communicated with the purchase order for purposes related to the Service;
– Confezioni Andrea records the order form, after verifying the correctness of order and payment information;
– after the registration of the order form, Confezioni Andrea will send to the e-mail address provided by the user an e-mail to confirm the order with the Terms and Conditions, the information relating to the characteristics of the product purchased, the details of the price, the means of payment used, the cost of shipping and any additional cost and an indication of the Customer Service;
– the contract is concluded when the user receives from Confezioni Andrea the e-mail to confirm the order. The user shall keep the e-mail receipt as proof of purchase or save it on a long-lasting medium;
– the order form will be filed in Confezioni Andrea database for the time necessary to process the order and, in any event, as laid down by the law. To access his order form the user may click on “My Account” – My orders” on the Site where the latter may find a list of all placed orders.
4. Terms and Conditions of Purchase.
4.1 The offers published on the Site are available for a limited duration and limited quantities of products. The date of validity of offers is indicated on the Site.Confezioni Andrea informs the user that all the colors of the products displayed on the Site, are purely indicative of the selected tonality. The real color of the product may not be perfectly corresponding to the one displayed on the Site. Any changes of the color tone displayed on the Site with respect to the real one may depend on the screen resolution and / or the video card user’s terminal, without prejudice to the right of withdrawal of the user, except to the purchase related to products tailored or customized as indicated in section 7.4., and without prejudice to the rights of the user where colors are completely non-compliant compared to the purchase order (e.g. delivery of a yellow product instead of a blue one). In the case of orders involving a car cover product related to cars produced until 1972 (often without external rear-view mirrors, as not obligatory at the time) this product will be provided without roofing / pockets for external rear-view mirrors, in accordance the car original model, without prejudice to the right of withdrawal of the user, except to the purchase related to products tailored or customized as indicated in section 7.4. For any information on this matter, the user is invited, before placing the purchase order, contact Confezioni Andrea at the following e-mail: firstname.lastname@example.org, or at the following phone number +39 0332261562, -222.
4.2 All prices on the Site are quoted in local currency Euros (€) and are inclusive of VAT. The cost of carriage, borne by the user, is explicitly stated and is inclusive of VAT. This amount will be separately shown on the order form before the sending and on the order confirmation e-mail. In the case of purchases made outside of the territory of the European Union, duties, taxes, fees, and other charges on customs and / or tax arising out of or related to the import and customs clearance of the products shall be borne by the buyer, so as shipping costs from customs to their own homes are paid by the buyer.
4.3 After the transmission of the order Confezioni Andrea will not charge the user for the payment.
4.4 Confezioni Andrea shall proceed with the purchase order only after sending the confirmation of the order.
4.5 Confezioni Andrea has the right not to accept or not to confirm orders from users having pending disputes or in case stated under paragraph 5.1.
5.1 The products offered on the Site are limited in number. It may happen that the ordered product is no longer available after the purchase order is sent. In the event that the product ordered is not available, the user will be promptly informed by e-mail and the purchase order will not be confirmed. If the product becomes sudden unavailable after payment has already been made and the payment has already been made, Confezioni Andrea reimburse the sum paid by the user, and also contributions towards the cost of processing the order and the shipping costs, immediately and, in any event, within a period of fourteen days from the day following the date on which the payment was received. Notification of the amount to be reimbursed will be given by e-mail, and the sum will be credited adopting the same payment method as that used for the purchase or any other method agreed with the user. If the consignee indicated in the order does not correspond to the purchaser of the product, the sum must be credited to the original purchaser that is the owner of the means of payment used. Reimbursement must be made in the same currency as that adopted for the purchase.
6.1 Deliveries are made to the address specified by the user in the order form.
6.2 Delivery times are as indicated in the page on the Site related to the offered products and specified in the order confirmation. In case of products neither tailored nor customized, the delivery may be carried out within 5 working days from the date of receiving of the user’s payment. In any case, the delivery of the product will be carried out at latest within 30 days from the date of conclusion of the contract, i.e. the date of receiving of the e-mail order confirmation sent by Confezioni Andrea to the user.In case of tailored or customized product, Confezioni Andrea delivers the products within 5 working weeks from the date of receiving of the user’s payment. If the delivery time is not fulfilled, the user can agree with Andrea Packs on extra time to make the delivery, taking into account the time required to build a tailored or customized product. Where the user purchased more than one product with one order only, tailored/customized and not tailored/not customized products, it is applied the same estimated delivery period as the one established for the tailored or customized products.
6.3 Deliveries are made from Monday to Friday, during normal business hours, excluding Italian national holidays and the destination country holidays.
6.4 In the event that the delivery is not made due to force majeure known by Confezioni Andrea, the latter will contact the user by e-mail in order to inform the same of the delay in delivery.
6.5 Delivery is executed when the product is available to the user at the address specified in the order form.
6.6 In the event of non-delivery to the address specified due to the absence of the recipient, the courier will leave a card to certify the delivery attempt and indicate the instructions for the pick up of the package or for its redelivery. In the event the package is not picked up or if also the attempts of the redeliveries required are unsuccessful, the product will be shipped back to Confezioni Andrea.After 30 days from the date on which the product has been returned to Confezioni Andrea , the contract will be considered as terminated and the purchase order canceled pursuant to Article 1456 of Italian Civil Code. Confezioni Andrea will reimburse the amount paid by the user, reserving the right to request the costs of returning the product and the cost of custody. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment mean used by the user for the purchase. In the event that, before the expiration of 30 days, the user asks to resend the purchased product, Confezioni Andrea proceeds to the new delivery after charging all costs of delivery, reserving the right to request the costs of returning the product and the cost of custody.
6.7 In the event that the package has evidence of tampering or alteration, the user shall fill in the form provided by the courier and give it back the courier.
7.1 The user who bought through the Site the products, not tailored nor customized and except as specified in section 7.4, has the right to withdraw from the contract with Confezioni Andrea, without any penalty and without specifying the reason, within 14 days from the day on which the consumer, or a third party other than the carrier and indicated by the user, acquires physical possession of the products. When ordered products are separately delivered, the 14-day period starts from the day on which the consumer or a third party other than the carrier and indicated by the user acquires physical possession of the last product. In order to exercise the right of withdrawal, before the expiry of the withdrawal period, the user shall inform Confezioni Andrea of his/her decision to withdraw from the contract sending an unequivocal statement setting out such decision to withdraw by mail to Confezioni Andrea Italia Srl. – Sale office covercar.com , via Friuli 8, 21100, Varese, Italy or by e-mail to email@example.com .. The user may use the model withdrawal form on the Site www.covercar.com. The user may fill out and send the model withdrawal form to Confezioni Andrea by mail to Confezioni Andrea Italia Srl. – Sale office covercar.com , via Friuli 8, 21100, Varese, Italia, or by e-mail to firstname.lastname@example.org
After sending to Confezioni Andrea the notice for the withdrawal, the customer will receive via e-mail the confirmation of the receipt of such notice. The user shall ship the products to the following address:
Confezioni Andrea Italia Srl. –
Sale office covercar.com,
via Friuli 8, 21100, Varese, Italy,
For further information e-mail:email@example.com
Phone number: +39 0332261562, – 222.
Please include in the return package a copy of the order confirmation and a copy of the sales receipt paper included in the shipment.The shipping costs, for returning the product, after the exercise of the right of withdrawal, will be carried by the user.
7.2 Confezioni Andrea shall reimburse all payments received from the consumer, including, the costs of delivery, except the supplementary costs, expressly opted by the user for a type of delivery other than the standard delivery, without undue delay and in any case not later than 14 days from the day on which Confezioni Andrea is informed of the user’s decision to withdraw from the contract.
Confezioni andrea shall carry out the reimbursement using the same means of payment as the user used for the initial transaction, unless the user has expressly agreed otherwise. The reimburse will be done with the same currency of the purchase. The user does not incur any fees as a result of such reimbursement. Confezioni Andrea may withhold the reimbursement until he has received the products back, or until the user has supplied evidence of having sent back the products, whichever is the earliest.
7.3 In case of withdrawal, the user shall send back the products to Confezioni Andrea, not later than 14 days from the day on which he has communicated his decision to withdraw from the contract. The deadline shall be met if the user sends back the products before the period of 14 days has expired.The user is responsible for the diminished value of the products resulting from the handling of these products different from that needed to establish nature, characteristics and functioning of the products.The user then may be liable for the decrease value of the returned product in cases it was used in a way other than the inspection of its quality and the examination carried out to verify its properties. Confezioni Andrea will have the right to ask to the user the reimbursement of the diminished value.
7.4 The right of withdrawal is excluded in case of sale related to products tailored or customized. The right of withdrawal is also excluded in the event which the product, purchased on the Site, has a price lower than € 50,00, or for its nature it cannot be returned or can deteriorate or modify itself rapidly, or product which is not suitable for return due to health protection or hygiene reasons and is unsealed after the delivery.Consequently, in such cases, the provisions of Articles. 7.1, 7.2, 7.3 will not be applied.
8.1 Payment for the products purchased on the Site is made by Paypal and bank transfer.
9. Warranties and defective products
9.1 The products offered on the Site conform to national and Community legislation.
9.2 All products sold on the Site are covered by Legal Conformity Warranty, reserved to consumers.
9.3 In the event of lack of conformity of the purchased products with respect to the description published on the Site, the user has the right to the repair or the replacement of the product without additional charge, if this is possible with reference to the number of items still available for sale and unless the repair or replacement are not excessively burdensome to Confezioni Andrea, bearing in mind the value the item would have if it were not defective and the extent of the defect. Alternatively, the user has the right to terminate the contract or to have a reduction of the price, in accordance with the following provisions. However, users are invited to contact the Confezioni Andrea by e-mail firstname.lastname@example.org, or phone number +39 0332261562, – 222 in order to agree on the best solution.
9.4 Confezioni Andrea is liable to the consumer for any lack of conformity which exists at the time of delivery of the product and that it occurs within two years of that delivery. The lack of conformity must be filed with the seller, subject to revocation of the warranty, within two months from the date on which it was discovered.It will not be considered lack of conformity the possible loss of the intensity of the product color or the appearance of any patches on the same consequent to its intensive use, ie, the constant exposure to atmospheric agents which may deteriorate the product. Confezioni Andrea also informs the user that the full covering of the body of the car or the motorcycle by a car cover Products and motorbike cover product is not guaranteed in the event that such vehicles have body car changes other than the original model which modify or change noticeably the external appearance of such vehicle (for example “skirts”, “wings”, “roof rack”, “roll bar”).
9.5 Except where there is evidence to the contrary, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the product already existed at the time of delivery, unless this presumption is incompatible with the nature of the products or the nature of the lack of conformity. To take advantage of the Legal Conformity Warranty, the user must provide proof of the date of purchase and of the delivery.
9.6 In the event of termination of the contract, Confezioni Andrea will return the price paid by the user, in addition to shipping costs and any additional costs.In any case, the refund amount will be communicated to the user by e-mail and credited to the payment mean used by the user for the purchase.The user may agree the shipment method with Confezioni Andrea.
9.7 The warranty does not cover products that have been repaired, modified or in any way altered by the user. Any faults or malfunctions or defects of another type found to be attributable to the user or resulting from a use of the product that does not reflect the purpose for which it was intended and/or the purpose envisaged in the technical documentation attached to the product, when existing, or in the operating instructions accompanying it, are also excluded from the scope of the warranty.
10. Duties and responsibilities of Confezioni Andrea
10.1 Confezioni Andrea undertakes to correct any error in the description of the products offered on the Site, in the shortest possible time, starting from the time of error feedback. Errors can be reported by contacting Confezioni Andrea to the addresses and numbers listed above.
11. Suspension of the Service
11.1 Confezioni Andrea has the right to temporarily suspend, without prior notice, the Service for the time necessary to the technical interventions necessary and / or desirable to improve the quality of these services.
11.2 Confezioni Andrea may at any time interrupt the supply of the Service whenever grounds of safety arise or confidentiality is violated, giving the user notice in such circumstances. 12. Site Content and Intellectual Property Rights.12.1 The contents of Confezioni Andrea, such as, for example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, patterns, tools, fonts, web site designs, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property right of Confezioni Andrea and other rights holders. The reproduction, modification, duplication, copying, distribution, sale or other uses of the images, the content of the Site are not permitted, permitted without prior written authority from Confezioni Andrea. It also forbidden any use of the content of the Site for commercial and / or advertising purposes.
12.2 Any reference to trademarks or other distinctive signs of third parties (e.g. cars or motorbikes manufacturer) are exhibited on the Site by Confezioni Andrea, with the only scope of showing its products. Confezioni Andrea declares that it has no connection with those parties, neither contractual nor of any other nature. Any use of the mentioned trademarks is in breach of the law and, as not authorized, it is prohibited. It is not in any way permitted the use of any distinguishing trademark on the Site to take unfair advantage of the distinctive character or reputation of these or to damage them and their owners.
12.3 In no case the user can alter, change, modify or adapt the Site or the materials made available by Confezioni Andrea.
13. Final Provisions, Applicable Law and Jurisdiction.
13.1 The Terms and Conditions are governed by the law of the Forum where the consumer resides.
13.2 For any dispute concerning the Terms and Conditions will be competent the Court of the place indicated by the user as its residence and domicile.Under Article. 14 of Regulation 524/2013 / EC the user in case of dispute with Confezioni Andrea may file a complaint by the ADR or ODR platform European Union (Alternative Dispute Resolution or Online Dispute Resolution) at the following link http://ec.europa.eu/consumers/odr/. Such platform is an access point for users seeking to resolve extrajudicial field disputes arising from contracts online of sale or services. For this purpose, Confezione Andrea indicates its e-mail address: email@example.com
13.3 Confezioni Andrea, through the Site, exclusively sells to consumers. In the event that a professional, breaching the prohibition on the purchase, buys on the Website, the Terms and Conditions would be governed by Italian law and, in the event of a dispute, the Court of Milan would have exclusive jurisdiction.