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GENERAL CONDITIONS OF SALE OF THE WEBSITE WWW.ARCADISTRIBUTION.COM.
1.2. Provisions referring to "Consumers" apply exclusively to individuals who are private persons and who place an Order for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out. Arca Distribution guarantees that Consumers will benefit from all the protections provided by law, in particular for the conclusion of distance contracts under Title III, Section II, of Legislative Decree 6 September 2005, no. 206 ("Consumer Code"), as amended by Legislative Decree 21.02.14 no. 21, implementing Directive 2011/83/EU, as well as all further protections provided, in favor of Consumers, by the same Consumer Code and any other applicable law. For any clarification or information regarding the content of the general conditions of sale, or for complaints and disputes, Arca Distribution's customer service is available by calling +39 0422 1847901 or by sending an email to after-sales@arcacompany.it. Even if the Customer does not wish to use the telephone service, all the rights and powers recognized by law are still applicable.
1.3. The general conditions apply to all the Orders placed with Arca Distribution through the website www.arcadistribution.com or by contacting the number +39 0422 1847901.
1.4. By "Customer" we mean both the "Consumer" (a private person who places an Order for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out) and the "Professional" (a natural or legal person who places an Order in the course of their entrepreneurial, commercial, artisanal, or professional activity).
1.5. By "Order", we mean any proposal for the purchase of one or more Products, made by the Customer via the internet or by telephone, while the term "Contract" refers to the agreement between Arca Distribution and the Customer purchasing one or more Products. The formulation of the Order and the conclusion of the contract will be carried out according to the methods indicated below.
1.6. By "Products" we mean the products, accessories, and equipment listed in the catalogue accessible by clicking on the "CATALOG" item on the website pages.
1.7. It is specified that "Working day" refers to any day of the week, except Saturday, Sunday, and holidays according to Italian law.
1.8. The Customer may keep a copy of these general terms and conditions of sale, as well as all documents comprising the Contract relating to the Products purchased on the Site, using the normal functionality of their browser (e.g., "File" -> "Save as").
1.9. The Customer may archive the data of their Order by downloading the general terms and conditions of sale, as provided in the previous article, and saving, using the browser's support functions, the data summarized on the last web page before submitting each Order. Alternatively, they can wait for the Order Confirmation Email that Arca Distribution will send to the email address provided by the Customer after submitting the Order. This confirmation email will contain the data of the Order submitted by the Customer, allowing them to print or save the documentation.
1.10. The data of each Order will be saved by Arca Distribution on its systems. In order to preserve the confidentiality of this information, access to it by the Customer will only be allowed after prior authentication in the reserved area of the Site called "My Account", by entering the appropriate login credentials provided to the Customer at the time of registration on the same Site. In this reserved area, by entering their credentials, the Customer can consult the Contracts already concluded, the pending Orders and those just submitted, as well as update and save their contact details, any bank data, and/or data relating to the subscription to the newsletter service. The Customer agrees to manage their login credentials to the aforementioned reserved area of the Site confidentially and not to make them available to third parties.
1.11. The data saved by Arca Distribution in its computerized records are considered as evidence of communications, orders, and payments between the parties.
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CONCLUSION OF THE CONTRACT
2.2. Before proceeding with the submission of any Order, the Customer is invited to read these general conditions of sale with the utmost attention. Furthermore, before proceeding with the purchase of the products by transmitting the order form, the Customer will be asked to print a copy through the print command and to store or reproduce a copy for their personal use.
2.3. The presentation of the Products on the website constitutes a mere invitation addressed to the users of the site to make a purchase proposal, therefore it is not binding on Arca Distribution and, in particular, does not constitute an offer to the public under Article 1336 of the Italian Civil Code. Arca Distribution retains full discretion to accept any proposals made.
2.4 Conclusion of the contract via the internet
2.4.1. To proceed with the purchase of one or more Products via the Internet, the Customer will provide to Arca Distribution, in compliance with applicable provisions on the protection of personal data, all the necessary data to allow Arca Distribution itself to execute the Orders placed.
2.4.2. The Customer may select one or more Products they wish to purchase by adding them to a virtual "cart", the contents of which they can always view before proceeding with submission of the Order.
2.4.3. By clicking on the "Proceed to purchase" button, the Customer will initiate the Order submission process. During the Order formulation phase and until its actual submission, the Customer will have the possibility to review the entered data by clicking on the "Back" button, in order to identify and correct any incorrect information.
2.4.4. By clicking on the "Complete Order" button, the Customer will submit the Order to Arca Distribution.
2.5 Conclusion of the contract by telephone
2.5.1. The Customer may submit an Order by contacting the customer service at the number +39 0422 1847901, providing all the necessary data to the operators for its completion (name, surname, email address, billing address, and shipping address, if different from the billing address). The Order will be considered submitted at the end of the phone call.
2.5.2. Every Order submitted in this manner shall be considered, for all intents and purposes, as a contractual proposal by the Customer. Arca Distribution will send the Order and the Sales Conditions by email to the email account provided by the Customer. The Order and said Conditions will be signed by the Customer and returned by email. The contract will be deemed concluded upon confirmation by Arca Distribution regarding the receipt of the Order, through the sending of an email to the email account provided by the Customer. With the sending of this email, Arca Distribution will also communicate to the Customer whether the Order can be accepted or not (the order confirmation).
2.5.3. Arca Distribution shall have the right to accept or reject the Orders received without the Customer being entitled to make any claims or demands against Arca Distribution for any reason in case of non-acceptance. The Order shall be deemed accepted and consequently the Contract concluded at the moment when the Customer receives, at their email address, the Order Confirmation Email, containing confirmation of the acceptance of the Order.
2.5.4. In the exceptional event of cancellation of the order, either by the Customer or in case of non-acceptance of the order by Arca Distribution, the cancellation of the transaction and the refund of the amount committed will be requested. The release times depend solely on the banking system. Once the transaction is cancelled, under no circumstances can Arca Distribution be held responsible for any damages, direct or indirect, caused by delays in the release of the committed amount by the banking system.
2.5.5. By placing an order through the various methods provided, the Customer declares to have read all the information provided to them during the purchasing process and fully accepts the general conditions and payment terms listed below. Any right of the Customer to compensation or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order.
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PRICE AND SHIPPING COSTS
3.2. The prices of the products listed on the Site are subject to change at any time and without notice; however, the conditions of sale applicable at the time of placing the order by the Customer will apply to orders under acceptance or already accepted by Arca Distribution, except for orders not accepted.
3.3. Shipping costs are calculated according to the information provided on the Shipping Information page.
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SHIPPING AND DELIVERY
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PAYMENT
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RIGHT OF WITHDRAWAL
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WARRANTY AND COMPLAINTS MANAGEMENT
7.2. Utmost care has been taken to ensure the accuracy of the information presented on the website. Arca Distribution or its suppliers are not responsible for any consequences, incidents, or special damages resulting from electronic transmissions or inaccuracies in the transmitted information. Names and brands of products or manufacturers are used for identification purposes only. Photos and descriptions are for illustrative purposes only. The image accompanying the product description may not perfectly represent its characteristics but may differ in color, size, or included accessory products. All information provided to support purchases is intended as generic informational material and cannot be attributed to the actual characteristics of an individual product.
7.3. This warranty applies to the product that presents conformity defects and/or malfunctions not detectable at the time of purchase, provided that the product is used correctly and with due diligence, i.e., in accordance with its intended purpose and as outlined in any technical documentation, following the various operating standards indicated therein. However, this warranty will not apply in cases of negligence, mishandling in use, storage, and maintenance of the product, improper connection of the purchased item to electrical systems, or any other type of non-compliant connection. The warranty is personal and applies only to the original purchaser, reserved for direct customers and not for merchants, resellers, etc.
7.4. If you discover defects or faults in the products purchased under these general terms and conditions of sale, you, as the Consumer, may contact Arca Distribution within two months of discovery, following the methods outlined in these general terms and conditions of sale, and request either repair or replacement of the product. The choice between repair or replacement remains with the Consumer, except in cases where the chosen remedy is objectively impossible or excessively burdensome compared to the other. Please call customer service at +39 0422 1847901 for any information regarding repair or replacement.
7.5. Arca Distribution encourages the Customer to describe in as much detail as possible the nature of the defect or fault encountered and, if necessary, to provide a copy of the Order documents or indicate the Order number, the Consumer number, and any other information useful for the correct identification of the complaint. If no response is received from Arca Distribution within 5 (five) working days, Arca Distribution advises the Consumer to request a response. Arca Distribution also recommends checking that emails sent by them are not redirected or blocked by any "spam filters" or fail to reach their destination due to other technical issues with the recipient's email program.
7.6. If the requested repair or replacement proves impossible or excessively burdensome, or has caused significant inconvenience to the Consumer, the latter may choose to request a reasonable price reduction or contract termination. In any case, contract termination will not be allowed for minor defects for which repair or replacement of the relevant Products was not possible or excessively burdensome.
7.7. The product, even if defective and subject to replacement, must, at the time of reshipment, be complete with its packaging, all accessories, and any documentation received by the customer at the time of purchase. Reshipping the product without the original packaging, accessories, and the aforementioned documentation prevents the replacement of the product.
7.8. The expenses for returning the goods to the sender remain responsibility of the customer.
7.9. Arca Distribution assumes no responsibility regarding the quality, packaging, and labeling of products, except for the Customer's right of withdrawal.
7.10. It is expressly understood that the warranty conditions mentioned above will not apply in case of defects found in Products purchased by Professionals, for which Arca Distribution, subject to the non-derogable limits of the law, does not provide any warranty.
7.11. For any inquiries, Arca Distribution encourages the Customer to contact Customer Service, which can be reached as follows:
Arca Distribution
Phone: 0422 1847901
Email: after-sales@arcacompany.it
Items should be returned to:
Arca Distribution
Via S. Pertini, 12/B
30020 Annone Veneto (VE)
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VOUCHERS
8.2. Vouchers are only used in reference to certain types of Products, also in accordance with what is indicated on the Website.
8.3. Vouchers, available on the Website or presented through promotional campaigns, are valid until the specified end date and can only be used once within an Order procedure. The voucher can only be used before Order validation (before clicking "Confirm" at the end of the ordering process). After this point, no reduction can be applied. Please note that vouchers can only be used for the purchase of specific Products, as better indicated on the Website.
8.4. The voucher is not refundable in cash and does not accrue interest on the credit represented by the voucher itself. The credit represented by a voucher cannot be transferred to third parties. The credits represented by each individual voucher cannot be cumulated with each other.
8.5. The value of the Products purchased with the voucher must correspond to at least the amount of the voucher itself. In case of purchases for a total amount lower than that of the voucher, it will not be possible to refund the Customer the eventual remaining credit.
8.6. If the credit represented by a Voucher is less than the total price to be paid for an Order, the difference can be paid with other allowed payment methods.
8.7. The voucher will not be refunded if the Products are returned entirely or partially.
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PROTECTION OF DATA
9.2. Notwithstanding the above, any use of the Customer's personal data will be subject to the provisions contained in the aforementioned privacy policy.
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ADJUSTMENTS OF GENERAL TERMS AND CONDITIONS OF SALE
10.2. The modified general terms and conditions of sale will become an integral part of the new Contracts, effective from the first Order submitted by Customers following their publication on the Website. In the case of Orders already submitted before such communication, the previous version of the general terms and conditions of sale will apply.
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SUBSTITUTE CLAUSE
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JURISDICTION AND COMPETENT COURT
12.1. The sales contract between the Customer and Arca Distribution is deemed to be concluded in Italy and governed by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction lies exclusively with the Court of Pordenone.
12.2. When the Customer is a consumer, the territorial jurisdiction lies with the judge of the place of residence or domicile of the Consumer, if located within the territory of the State.
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