Condizioni di vendita
These conditions of sale concern the purchase of products and services made through the Arcade1upeurope.com website managed by Polyphoto SpA with registered office in Opera Zerbo, Via Cesare Pavese 11/13 - 20073 Milan, registered in the Milan Company Register REA number 998214 – and VAT number 04219520154. Polyphoto SpA declares that it is the official licensee and sole importer of Arcade1Up for EMEA, India and Mexico.
Acceptance of the general conditions of sale
1. The contract stipulated between Polyphoto SpA and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Polyphoto SpA. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
2. If the Customer is a consumer, once the online purchase procedure has been completed, he/she will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of the articles. 3 and 4 of Legislative Decree 185/1999 on distance selling.
3. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance, even partial, of an order.
4. The Customer can only purchase the products present in the Arcade1upeurope.com electronic catalog at the time of placing the order and viewable online at the address (URL) www.arcade1upeurope.com, as described in the relevant information sheets. It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but may differ in colour, size and accessory products present in the figure. All information supporting the purchase is to be understood as simple generic information material, not referable to the real characteristics of a single product.
5. Correct receipt of the order is confirmed by Polyphoto SpA by means of a response via e-mail, sent to the e-mail address communicated by the Customer. This confirmation message will contain the Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with Arcade1upeurope.com. The message presents all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any corrections, according to the methods described in this document.
6. In the event of non-acceptance of the order, Polyphoto SpA guarantees timely communication to the Customer.
Terms of payment
7. In cases of purchase of goods with credit card payment method, at the conclusion of the online transaction, the relevant banking institution will authorize the commitment only of the amount relating to the purchase made.
7.1 In the event of cancellation of the order, either by the Customer or in the case of non-acceptance of the same by Polyphoto SpA, Polyphoto SpA will simultaneously request the cancellation of the transaction and the release of the committed amount. The release times, for some types of cards, depend exclusively on the banking system and can extend up to their natural expiry (24th day from the authorization date). Once the transaction has been canceled, under no circumstances can Polyphoto SpA be held responsible for any damages, direct or indirect, caused by delay in the failure to release the committed amount by the banking system.
7.2 Polyphoto SpA reserves the right to charge the customer's credit card in order to avoid the expiration of the transaction authorization which occurs on the 23rd day.
7.3 Polyphoto SpA reserves the right to request from the Customer additional information (e.g. landline telephone number) or to send a copy of documents proving ownership of the Card used. In the absence of the required documentation, Polyphoto SpA reserves the right not to accept the order.
7.4 At no time during the purchase procedure is Polyphoto SpA able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the website of the banking institution managing the transaction. None of Polyphoto SpA's computer archives will retain such data. Under no circumstances can Polyphoto SpA be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on Arcade1upeurope.com.
7.5 The accepted credit cards are all those that rely on the circuits indicated on the site.
8. The customer who selects PayPal as a payment method is directed to the login page of the relevant service. How Strong Customer Authentication (SCA) is managed is at the sole discretion of PayPal. The payment is managed on the basis of the rules that govern the relationship between the Customer and PayPal itself, a relationship to which Polyphoto SpA is completely unrelated.
The customer can choose to pay: in three installments (if PayPal, at its sole discretion, makes this method available); or in a single solution.
If the payment made by the Customer is successful, the total amount of the order is "frozen" on the available PayPal account used (and therefore on any card used associated with it). The actual charge will instead be requested only at the time of shipment of the goods or of the last shipment if it is a multi-product order with the products shipped at different times. In the case of a purchase in three installments, when the customer confirms the order and proceeds with payment, payment authorization is requested for the entire amount relating to the purchase. In case of a positive outcome, the entire amount is then "frozen" on the available Paypal account or on the card linked to it. On the day of shipment of the goods (or of the last shipment in the case of multiple shipments) only the first installment will be charged. The other two will then be charged at intervals of 30 days each. In case of cancellation or cancellation of the order, Polyphoto SpA will request the release of the "frozen" amount during the authorization. The methods and timing with which the amount will then be available to the Customer are completely foreign to Polyphoto SpA
In the event of fraudulent payment, Polyphoto SpA will try to block the processing of the order, thus avoiding the debit on the PayPal account used. If successful, the legitimate account holder will not be charged anything; otherwise, the dispute will be managed in accordance with the regulations as well as with the provisions of PayPal in the "Purchase Protection" and "Sales Protection" programs.
Delivery methods and costs
10. Arcade1upeurope.com can only accept orders for delivery to the following territories: all EU member countries, the United Kingdom, Switzerland, Turkey, Israel, Liechstein and Norway.
Cancellation of the order is possible until the order is processed which occurs with the issuing of the transport document or invoice.
11. For each order placed on Arcade1upeurope.com, Polyphoto SpA issues compensation for the material shipped. Upon customer request, Polyphoto SpA will issue an invoice by sending it via e-mail to the order holder, pursuant to art. 14 Presidential Decree 445/2000. For issuing the invoice, the information provided by the Customer at the time of the order is valid. No changes to the invoice will be possible after it has been issued. As indicated at the time of purchase, the Customer can request an invoice within 5 days of placing the order, otherwise it will not be possible for Polyphoto SpA to issue this document.
12. Any additional costs are the responsibility of the Customer. Payment for the goods by the Customer will take place using the method chosen at the time of the order. Nothing more is owed by the Customer than the order total highlighted at the end of the purchase procedure.
13. No responsibility can be attributed to Polyphoto SpA in the event of a delay in processing the order or in delivering what was ordered.
14. Delivery of what is ordered is intended to be at street level unless otherwise requested by the Customer. Upon delivery of the goods by the courier, the Customer is required to check:
• that the number of packages delivered corresponds to what is indicated on the invoice;
• that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal straps)
Any damage to the packaging and/or to the product or the mismatch in the number of packages or indications must be immediately reported by placing a WRITTEN CONTROL RESERVE (SPECIFYING THE REASON FOR THE RESERVE, e.g. "punctured packaging", "crushed packaging" , etc.) on the courier's proof of delivery. Once the courier document has been signed, the Customer will not be able to make any objections regarding the external characteristics of what was delivered.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 5 days of delivery via email or registered letter.
15. In the event of failure to collect the material in stock at the courier's warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the ordered items will be returned to the Polyphoto warehouses SpA
16. Once the courier document has been signed, the Customer will not be able to make any objections regarding the external characteristics of what was delivered. Arcade1upeurope.com reserves the right in any case to request further documentation from the customer to prove actual damage.
Right of withdrawal
17. Pursuant to art. 64 et seq. of Legislative Decree no. 206/2005, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to Arcade1upeurope.com) , has the right to withdraw from the purchase contract for any reason within 14 days of receiving the goods, without any penalty and without prejudice to what is indicated in point 19 below.
18. To exercise this right, the customer must send a withdrawal request using the Contact form on the arcade1upeurope.com website.
19. The right of withdrawal is however subject to the following conditions:
• the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g.: accessories, attached software, etc...);
• the right does not apply to audiovisual products or sealed computer software (including those attached to hardware material), once opened;
• the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...); to limit damage to the original packaging, we recommend placing it in a second box or wrapping it in special protective materials, on which to affix the label provided by Polyphoto SpA; In all cases, affixing labels or adhesive tapes directly to the original packaging of the product should be avoided;
• the goods subject to the exercise of the right of withdrawal must bear the same serial number (IF EXISTING) present on the Arcade1upeurope.com sales invoice; if the good shows a serial number different from that indicated on the invoice, the return will not be accepted and the product will be made available to the customer for its return, simultaneously canceling the withdrawal request;
• shipping costs relating to the return of the goods are borne by the customer;
• the shipment, until receipt is certified in our warehouse, is under the complete responsibility of the customer;
• in the event of damage to the goods during transport, Arcade1upeurope.com will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain reimbursement of the value of the property (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the withdrawal request;
Arcade1upeurope.com is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments;
Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the package and/or the original packaging are damaged, Polyphoto SpA will deduct a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
20. Without prejudice to any restoration costs for confirmed damage to the original packaging, Polyphoto SpA will reimburse the customer the amount already paid for the purchase of the goods, within 14 days of their return, through a cancellation procedure of the amount charged to your credit card or refund to your PayPal account or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN code and bank of the invoice holder).
21. The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Polyphoto SpA ascertains:
· the lack of the external packaging and/or the original internal packaging;
· the absence of integral elements of the product (accessories, cables, manuals, parts, ...);
· damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the goods will remain at the Polyphoto SpA headquarters, available to the Customer for collection at his expense.
22. The credit in favor of the customer may be partial in the event that the goods have suffered a decrease in value, such as:
· non-diligent use of the product
· even partial use of the goods and any consumables
· packaging damaged or otherwise not intact as received
23. All products sold by Arcade1upeurope.com are covered by the manufacturer's conventional warranty and by the 24-month warranty for defects of conformity, pursuant to Legislative Decree 206/05 or their extensions applied by the manufacturer or purchased separately. To benefit from warranty assistance, the Customer must keep the invoice (or DDT) that he will receive via e-mail in electronic PDF format. The exercise of the Warranty may include requesting assistance from authorized assistance centers present in the area and/or following the methods illustrated in the documentation inside the product packaging.
24. The manufacturer's conventional warranty is provided in the manner illustrated in the documentation inside the product packaging. If, following intervention by an Authorized Assistance Centre, the defect is found not to be covered by the manufacturer's conventional warranty, the Customer will be charged for any costs of verification and restoration requested by the Authorized Assistance, as well as transport costs, if supported by Polyphoto SpA
25. The 24-month warranty pursuant to Legislative Decree 206/05 applies to the product that presents a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number reference in the order form). In the event of a lack of conformity, Polyphoto SpA will, at no cost to the Customer, restore the conformity of the product through repair/replacement or reduce the price, until the contract is terminated. If, following intervention by an Authorized Assistance Centre, the defect does not result in a lack of conformity pursuant to Legislative Decree 206/05, the Customer will be charged for any costs of verification and restoration requested by the Authorized Assistance, as well as transport costs if supported by Polyphoto SpA
26. Replacements in the event of DOA (Dead On Arrival: product not functioning upon delivery) take place only if expressly provided for by the manufacturer. The timing of replacement or possible repair of the product depends exclusively on the manufacturer's policies.
27. In the event that, for any reason, it is unable to return a product under warranty to its customer (restored or replaced), Polyphoto SpA may proceed at its discretion to refund the amount paid taking into account the use of the goods or to its replacement with a product of equal or superior characteristics.
28. The times for repairs or possible replacement of the product depend exclusively on the manufacturer's policies and no damage can be requested from Polyphoto SpA for any delays in carrying out repairs or replacements.
29. In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. ..); to limit damage to the original packaging, we recommend placing it in a second box; In all cases, affixing labels or adhesive tapes directly to the original packaging of the product should be avoided.
The Customer will be provided with a product return authorization number (RMA) which must be indicated on the outside of the packaging, following the instructions provided directly in the relevant authorization email.
30. Any complaints must be addressed to Polyphoto SpA operational headquarters of Opera Zerbo, Via Cesare Pavese 11/13 - 20073 Milan - email@example.com
31 These General Conditions of Sale and, consequently, the sales contracts concluded online between Polyphoto SpA and Customers, are governed by and interpreted according to Italian law. In particular, Legislative Decree no. 9 April 2003 applies. 70 regarding electronic commerce and, if the Customers are consumers, Legislative Decree 6 September 2005 n. 206 and subsequent amendments (Consumer Code).
31 Any dispute arising from the interpretation, validity and/or execution of these Conditions of Sale, if the Customer is a consumer (i.e. a natural person who purchases the products not for purposes related to his professional activity), will be the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the Customer. In the event that the Customer is not a consumer or is resident or domiciled outside Italian territory, the Court of Milan will have exclusive jurisdiction.