A.G.C. Ltd. (please note that A.G.C. Srl is the same as A.G.C. Ltd.) (headquartered in Carpi, Via Giaime Pintor, 15, VAT 02594200368, REA (Economic and Administrative Index No.) MO 314 772, makes it possible to all users to purchase via the Internet brand products Essent-ial on the website www.essent-ial.com, (the “Site”), which AGC Ltd it is the sole and exclusive owner.
Customers who use online services on the Site agree to the Terms and Conditions of this Agreement.
Applicable Law: These general conditions are governed by and made in accordance with Italian law, regardless of any conflict between the laws.
Translations: Any translation of these conditions will be submitted to the customer for his mere information and it is expressly understood that this translation is not to be considered an integral part of the conditions, as the only Italian version is valid and legal by the Parties.
1) GENERAL NOTES
These general conditions of sale (“Terms”) are governed by the Consumer Code (Legislative Decree. N. 206/2005, amended) and the rules on electronic commerce (Legislative Decree. N. 70/2003 amended) and apply only to the distance selling via web of the Products as identified and listed on the site, and as set out in these Terms.
In case of changes of the General Conditions, the purchase order will apply the General Conditions published on the site at the same time the order was placed by the Customer (hereinafter “Customer”).
The Customer is required to print or save an electronic copy of these General Conditions, once the purchase is concluded.
2) OFFER TO THE PUBLIC
The products with their prices as in the Site constitute an offer to the public in accordance with the procedures set out in the General Conditions and on the Site.
The images of the products present in the descriptions on the Site may not correspond exactly to the characteristics of the object for sale, but differ from it by color, size or other characteristics.
The conditions of this offer only apply to purchases made on the Site.
The purchase contracts stipulated on the Website and concerning the products and related services (the “Purchase Agreements” or simply “Contracts”) are concluded with AGC Ldt.
The VAT is included on all prices of products listed on the site.
Delivery costs (the “Shipping and Delivery”) may be included in the purchase price, or paid by the Client as specified in the Purchase Order. A Product’s cost applies to the price shown on the Site, at the time of the Order, without any consideration of previous offers or any changes in price that occur after.
Purchase Orders must be made online through the order process on the Site.
The customer ends successfully the order process if the site does not show any error message (the system cannot detect errors in reference to the data entered by the customer in the field dedicated to the addresses for billing and shipping).
Completing the procedure Purchase Customer represents and warrants to be of age and that the data supplied by the same for the execution of the Agreement are true and correct.
The Purchase Agreement will be concluded between AGC Ldt and the Customer at the time of the Order by AGC Ldt.
Acceptance of the order will be transmitted by AGC Ltd. e-mail to the customer during the order.
By placing an order online, you declare that you have read all the information provided to you during the purchase process, you understand it and accept the terms and conditions and the payment terms provided by AGC Ldt.
The order confirmation will summarize the Products and Services and their related prices (including the costs of delivery and additional expenses related to the additional services required by the customer), the address for delivery, the order number (hereinafter “Order Number”), the General Conditions of Sale therein and any special conditions applicable to each Order and determined subsequent to specific customer requirements.
AGC Ltd reminds the customer to verify with the utmost care and attention to the correctness of the data contained in the Order Confirmation and to disclose within 24 (twenty four) hours any corrections that need to be made. The Number of the Order, generated by the system and communicated by AGC Ltd., will be used by the Customer in any communications with AGC Ltd.
You may experience occasional non-availability of the products offered, in that case, if the Products are not chosen by the customer, in whole or in part, available, AGC Ltd. will notify the customer.
5) PAYMENT METHOD
The customer will be allowed to choose one of the payment methods listed in the online process.
All amounts shown on the website of AGC Ltd are in Euro, which is the reference currency and are inclusive of VAT.
In case of purchase through the PayPal payment method at the end of the order the customer is directed to the PayPal login page. The amount of the order is debited from your PayPal account at the time of order. In case of cancellation by both the customer and in case of rejection of AGC Ltd., the amount will be refunded to the Customer’s PayPal account. The cancellation is possible until the moment in which the same is not yet in the process of evasion. The annulment of the transaction, in no event will AGC Ltd be liable for any damages, direct or indirect, caused by delay in release of non-committed by PayPal. At no time during the purchase process AGC Ltd. is able to meet the customer’s financial information.
For every transaction made with your PayPal account you will receive a confirmation email from PayPal.
CREDIT CARD: If paying by credit card financial information will be handled exclusively by the Bank, sending by encryption, which ensures maximum safety on the purchase. This information cannot be used by AGC Ltd. except for procedures related to the purchase and / or possible refund after made.
6) DELIVERY METHODS
For orders placed on the site the items can be sent home by courier, or picked up at the store.
AGC will deliver by means of specialized carriers appointed by AGC (hereinafter “Vectors”), only in the Italian territory.
Once the items are delivered to the carrier, AGC Ltd. will send the client via e-mail the tracking number; usually this data is available after a few hours of the dispatch.
At the time of delivery is required the presence of the customer or someone you trust to check that the packaging is intact and clean and that the products received match as reported on the Order. In case of visible defects, such as the wrong amount and / or incorrect product and the lack of integrity of the packaging, AGC asks the customer or a person in his/ or her confidence to make the reporting of these anomalies of the delivery and contact AGC.
A.G.C. delivers Products purchased at the address specified by the customer, within thirty (30) days from the Order, as follows:
at the time of placing the Order the estimated date of delivery will specify. This date has an indicative value only, therefore no responsibility can be attributed to AGC in case of a failure to comply with the same where the delivery is made within 30 days from the Order. The delivery will take place without prior appointment and is intended in the street, in public. The delivery will be made by courier working between 8.00 and 19.00 Monday to Friday. The Carrier will do two (2) attempts to deliver the Products to the address specified by the customer. In case of absence at the first delivery the Carrier will leave a greeting message with the phone number to be contacted to arrange a second delivery, which otherwise will be made the following working day of the first delivery. If on the second attempt the delivery was not successful the products will be kept in storage for free by the Carrier for 10 (ten) days (calendar) during which the customer can contact him for further agreements. After 10 (ten) days (calendar) of storage, the Order will be automatically canceled and AGC will reimburse the customer the value of the Order, except delivery costs, which will be charged to the customer.
7) DELIVERY CHARGES
The Customer may be required to pay the delivery costs, which will depend on the destination, weight and volume of products.
Delivery costs are reported in the basket at the time of order and, in the case of most products will be added according to the sum of the weight of the products.
Delivery costs are included in the purchase price for orders worth a total of more than €79.99.
For orders of a total value of less than € 80.00 will be charged the following delivery costs.
Shipping on the Italian territory:
– free shipping cost for all orders
Shipping on the European territory:
- 25.00 € for orders of less than 150.00 €
- Free for orders over 150.00 €
Shipping on the Extra-UE territory:
- 35.00 € for all orders
- Customs fees and other duties will be at customer charge (DAP)
Shipping charges are subject to any increases independent of AGC Ltd.
8) RIGHT OF WITHDRAWAL
If the customer is a “consumer” as defined in Article 3 of the Consumer Code, the competing rights referred to ART.52 et seq. of the Consumer Code, as amended by Decree of 21.02.2014 # 21, and therefore the right to terminate the Purchase Agreement (the “Withdrawal Right”) for any reason, without explanation and without penalty, in the manner set out below.
The withdrawal will be subject to all (Withdrawal Total) or only part (Partial Withdrawal) Product AGC Ltd. purchased by the Consumer. The withdrawal period expires after fourteen (14) days from the day when the consumer or a third party, other than the carrier and indicated by the consumer, acquires physical possession of / of Products / or (the “Withdrawal Period”).
The right of withdrawal is exercised by sending – before the expiry of the period of withdrawal as mentioned above – of a notice of withdrawal (the “Withdrawal Notice”) by paper mail addressed to
Via Giaime Pintor 15
41012 Carpi (MO).
The Withdrawal Notice alternatively can be sent – within the same period of withdrawal as indicated earlier – also by e-mail at the following address: email@example.com.
The Withdrawal Notice shall specify the intention to withdraw from the purchase and the product or products for which it intends to exercise the right of withdrawal.
Following the proper exercise of the right of withdrawal, as outlined in Article. 52 et seq. of the Consumer Code as just mentioned, AGC Ltd. will forward to the Consumer, through E-MAIL the number of Practice. This number will be indicated by the Consumer upon return of / the Product / s (the “Return”). The Return of / the product/s to be done within 14 (fourteen) days from the date on which the consumer has communicated its decision to want to withdraw pursuant to art. 52 of the Consumer Code just cited. This stipulated period will be met if the consumer sends back or return/s of / the Product/s / or the subject of withdrawal before the expiry of 14 days.
AGC Ltd. reminds its Clients
– That the transport costs for the return of / the product/s the object of withdrawal shall be charged to the consumer and that the Restitution is under the responsibility of the consumer himself.
– To check, before the Return/s the product/s the object of withdrawal is / are intact and in normal condition, placed in the original packaging, complete in all its parts (including packaging and ancillary
The Consumer, in accordance with current regulations, shall only be liable for any diminished value of the product/s resulting from the handling of the same different from the one required necessary to establish the nature, characteristics and function of the Product/s.
If the right of withdrawal has been properly exercised in accordance with Articles 52 et seq., AGC Ltd. will refund the consumer the full amount paid, including the delivery charges, within 14 (fourteen) days from the date on which it was informed of the decision of the consumer to terminate the Purchase Agreement. The amount will be refunded by the same means of payment used by the Consumer for the initial transaction, unless different express request of the consumer and provided that the consumer does not incur any fees as a result of the repayment. AGC Ltd., pursuant to art. 56 of the Consumer Code as amended by Decree n. 21/2014, reserves the right to withhold the reimbursement until he has received the Product/s or until the consumer has supplied evidence of having sent the Product/s or, depending on which situation occurs first
10) PERSONAL DATA
Customer data is processed by AGC Ltd in accordance with the regulations regarding protection of personal data, as specified in the information provided in the section “Information article. 13 of Legislative Decree no. 30/06 / 2003 “.
Information about the article. 13 of Legislative Decree. 30/06/2003 n. 196 (Code regarding the protection of personal data)
A.G.C. LTD (hereinafter “AGC”) will process the personal data supplied by the customer for the purchase of online products Essent-ial (hereinafter “Products”), in compliance with regulations regarding the protection of personal data and in electronic form predominantly. Treatment will focus on operations, or set of operations (such as but not limited to: collection, recording, organization, storage, processing, communication, modification, selection, use, cancellation, destruction), concerning the personal data provided by the Customer compile and online submission of the Purchase of Products.
The particular, the above treatment is carried out:
- for the fulfillment of any legal and / or regulatory (eg. Tax and accounting obligations),
- for the management and execution of any contract concluded between AGC and the
- to meet obligations and associated with the contract, such as, for example but not limited to: execution of transport services and after-sales service to customers.
With respect to the objectives referred to in points 1), 2) and 3), the conferment of data, while optional, it may be necessary for the execution of the service of online purchases and a refusal to supply them determines the impossibility to A. G. C. to provide the same. To carry out the treatments for the purposes referred to in points 1), 2) and 3) there is no need to acquire the consent of the Customer.
For the correct completion of the above activities will have access to the data mainly employees of the Customer Service and post-sale of A. G. C. , as well as employees of A. G. C. , which operate as responsible for the treatment of A. G. C. for the purposes outlined above.
The data can also be made available exclusively for the conduct of activities delegated to them, to the suppliers of AGC providing services related to the aforesaid uses, such as, companies that provide computer services, including hosting services, companies that perform services of a commercial nature in favor of AGC (eg. data entry, transport and delivery).
These entities operate mainly as controllers to AGC.
A list of said third parties is available at the premises of the owner.
Customer data will not be otherwise disclosed or shared with third parties.
Customer data will be kept for the time necessary of the execution of the activities referred to in points 1), 2) and 3).
The data controller is A.G.C. Ltd., VAT 02594200368, Via Giaime Pintor n. 15, 41012 Carpi (MO).
In relation to the data processed, the customer has the right at any time to exercise the rights recognized by art. 7 of Legislative Decree no. 196/2003 and, in particular, among others, to obtain a copy of the processed data, their updating, correction or integration, cancellation, transformation in anonymous form or the block for treatments unlawfully, to object to the processing for legitimate reasons.
To exercise this right, write to A.G.C. the attention of the Head of the data processing, domiciled for the office at the headquarters of AGC, or by sending an email to firstname.lastname@example.org.
Any dispute, controversy or claim arising out of or related to these terms and conditions, with respect to their validity, invalidity, breach or termination, will be donated to the Italian jurisdiction and the Court of Modena, as the sole forum. AGC Ldt. shall have the right, at its option, to appeal to the court of Modena or any other jurisdiction that has jurisdiction pursuant to law