TERMS AND CONDITIONS OF USE
GENERAL CONDITIONS OF SALE
Vendor:
EVOLUTION MUSCLE S.R.L.S, with registered office in Via Attilio Ambrosini n. 156 00147 Rome, is the owner of the sites www.evolution-muscle.com
1 Acceptance of general terms and conditions
1.1 The contract entered into between EVOLUTION MUSCLE S.R.L.S. and the customer shall be deemed concluded with the acceptance, even partial, of the order by www.evolution-muscle.com. Such acceptance shall be deemed tacit. By placing an order in the various ways provided, the customer declares that he has read all the information provided to him during the purchase procedure, and fully accepts the general and payment conditions transcribed below.
1.2 The Customer or consumer, once the online purchase procedure is completed, will print or save an electronic copy and in any case keep these general conditions of sale, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling.
1.3 Any right of the Customer to damages or compensation 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.
2 Methods of purchase
2.1 The Customer may only purchase products in the electronic catalog of www.evolution-muscle.com at the time of placing the order and viewable online at www.evolution-muscle.com.
2.2 Correct receipt of the order is confirmed by Evolution Muscle by means of an e-mail response, sent to the e-mail address provided 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 Evolution Muscle's staff. The message will repeat all the data entered by the Customer, who undertakes to verify their correctness and to promptly communicate any corrections, in the manner described in this document.
2.3 In the case of non-acceptance of the order, Evolution Muscle staff ensures timely communication to the Customer.
3 Prices
All prices quoted to the end user on www.evolution-muscle.com are VAT INCLUDED (10%). Product prices are subject to change without notice.
4 Images
The images accompanying the descriptive sheet of a product are for illustrative purposes only to allow the best perception of the various colors. Images of advertised products may not be perfectly representative of its features but differ in color, size, accessory products featured in the picture.
5 Methods of payment
5.1 Cash on Delivery Payment is made by cash to the carrier who will deliver the goods. The service is active only on certain modes of transport
5.2 Paypal In cases of purchase of goods with PayPal payment method, at the same time as the conclusion of the online transaction, PayPal will immediately charge the amount for the purchase made.
6 Method and cost of delivery
6.1 Evolution Muscle can only accept orders with delivery to the territory of Italy and countries that are part of The European Union.
6.2 Each package shipped is accompanied by a detailed Transportation Document as required by Presidential Decree No. 696 of December 21, 1996. The invoice is issued, only if requested at the time of ordering by indicating your VAT number in the appropriate field. It is not possible to request invoicing of a previously processed order.
6.3 Delivery costs are the responsibility of the Customer and are clearly explained when placing the order. Payment of the goods by the Customer will be made using the method chosen when placing the order. Nothing more is due from the Customer than the total amount of the order highlighted at the end of the purchase process.
6.4 No liability can be attributed to Evolution Muscle in the event of delay in processing the order or delivery of what was ordered.
6.5 Upon delivery of the goods by the courier, the Customer is required to check: that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials (adhesive tape). Any damage must be immediately reported to the courier who makes the delivery. Once the courier's document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, in the manner provided herein.
6.6 Nel caso di mancato ritiro entro 5 giorni lavorativi del materiale presente in giacenza presso i magazzini del corriere a causa di reiterata impossibilità di consegna al recapito indicato dal Cliente all’atto dell’ordine, l’ordine verrà automaticamente annullato.
7 Product availability
At www.evolution-muscle.com only those items materially in stock can be ordered.u www.evolution-muscle.com only those items materially available in stock can be ordered. The built-in functionality of stock item availability is accurate; however, small communication delays may occur between actual stock in the warehouse and the situation reported on the site. As a result, item availability in some rare cases may not be 100% guaranteed. If one or more of the items ordered are not immediately available for shipment, it will be the responsibility of our staff, depending on the consistency of the order and the expected time frame for restocking, to choose to proceed with one of the following solutions: - Fulfill the available material immediately and send the missing products as soon as they become available again without any charge for additional shipping costs. - contact the customer who will choose whether to receive the material in a lump sum delaying the fulfillment of the order or cancel from the order the products not available immediately.
8 Right of withdrawal
8.1 Pursuant to art. 5 DL 185/1999, 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 in the order form to Evolution Muscle a reference to VAT), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to what is indicated in paragraph 8.3 below.
8.2 To exercise this right, the Customer must send EVOLUTION MUSCLE S.R.L.S. a notice to that effect, within 10 working days from the date of receipt of the goods. Such notice must be sent by registered letter with acknowledgment of receipt, addressed to:
EVOLUTION MUSCLE S.R.L.S. – UFF. RESI Via Attilio Ambrosini,156 00147 Roma
or by fax sent always within the aforementioned 10-day period and followed by confirmation by registered letter with return receipt, sent strictly within the following 48 hours.
8.3 However, the right of withdrawal is subject to the following conditions:
- the right applies to the purchased product in its entirety;
- it is not possible to exercise withdrawal only on part of the purchased product;
- the purchased goods must be intact and returned in the original packaging, complete in all its parts;
- In accordance with the law, shipping costs related to the return of the goods are the responsibility of the customer;
- shipment, until receipt in our warehouse, is the full responsibility of the customer;
- in the event of damage to the goods during transport, Evolution Muscle will notify the customer of the incident (within the fifth day of receipt of the goods in their warehouses), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- Evolution Muscle 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 returned product is damaged Evolution Muscle will deduct from the refund due a percentage, as a contribution to the cost of restoration.
8.4 Without prejudice to any costs of restoration for ascertained damage to the original packaging, Evolution Muscle will refund the customer the full amount of the goods already paid (excluding shipping costs), by Bank Transfer, within 14 days of the return of the goods. It will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (first name last name account holder, IBAN code.
8.5 The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the good (packaging and/or its content), in cases where Evolution Muscle ascertains:8.5 The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the good (packaging and/or its content), in cases where Evolution Muscle ascertains:
- The lack of integral elements of the product;
- damage to the product for causes other than its transport; in the case of forfeiture of the right of withdrawal, Evolution Muscle will return the purchased goods to the sender, charging him the shipping costs.
9 Guarantees
I prodotti acquistati www.evolution-muscle.com sono soggetti alla disciplina, per quanto applicabile, di cui al D.lgs 2.2.2002 n. 24 (G.U. n. 57, 8.3.2002) sui contratti di vendita e sulle garanzie concernenti i beni di consumo e, per quanto non ivi contemplato, alle specifiche disposizioni previste in materia dal Codice Civile. Tale garanzia si applicherà al prodotto che presenti difetti di conformità e/o malfunzionamenti non riscontrabili al momento dell’acquisto, purchè il prodotto stesso sia utilizzato correttamente e con la dovuta diligenza e cioè nel rispetto della sua destinazione e di quanto previsto nella eventuale documentazione tecnica, con osservanza delle varie norme operative ivi indicate. La predetta garanzia non sarà invece applicabile in caso di negligenza, incuria nell’uso e nella manutenzione del prodotto, di uso improprio. On the other hand, the aforementioned warranty will not be applicable in cases of negligence, carelessness in the use and maintenance of the product, or improper use. The warranty is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not for dealers, retailers, etc. Any packaging anomalies of the products must be reported within ten (10) days of receipt of the goods. The written report must be attached by the customer when the defective product is returned. The product even though defective, to be subject to replacement must, at the time of reshipment to Evolution Muscle, be complete with packaging and all accessories and documentation received by the customer at the time of purchase. The reshipment of the product without the original packaging, accessories and documentation mentioned above prevents Evolution Muscle from replacing the product itself at the manufacturer and makes the replacement impossible. Evolution Muscle reserves the right to check the actual defect enunciated by the customer and to make the replacement only after such check. The request will be processed only if the following documents are present in the returned package: copy of the purchase invoice or cash on delivery payment receipt , order number and date, brief description of the defect found. On the other hand, the cost of returning the goods to the sender remains the responsibility of the Customer.
10 Privacy
The personal data requested when registering on the site and placing an order are collected and processed in order to fulfill the Customer's requests. Such data will also be processed for institutional purposes, related or instrumental to the activity of our company, namely:
- To carry out a service or operation(s), contractually agreed upon;
- To carry out legal obligations;
- For operational and management needs;
- For needs to monitor the progress of customer relations;
- For operational and strategic marketing purposes;
- For sending advertising material or commercial information. Personal data will not under any circumstances and for any reason be transferred to third parties. Evolution Muscle guarantees its customers compliance with the regulations on the processing of personal data, governed by the privacy code set forth in Legislative Decree 196 of 30.06.03. The data controller is EVOLUTION MUSCLE S.R.L.S. -Via Attilio Ambrosini n. 156 00147 Rome. NB: By registering on the site or proceeding to place an order, you give tacit consent to the processing of personal data according to dlgs 196 of 30.06.03.
11 Complaints
11.1 Any complaints should be addressed to: EVOLUTION MUSCLE S.R.L.S. - UFF. COMPLAINTS Via Attilio Ambrosini,156 00147 Rome Complaints made via electronic mail site contact form are not accepted and considered valid.
11.2 For any problems or anomalies encountered,before embarking on the complaint route, the Customer is invited to make contact with Evolution Muscle staff through the appropriate section on the website. In almost all cases, any issue or misunderstanding is resolved within a few hours.
12 Applicable law
The contract of sale between the Customer and EVOLUTION MUSCLE S.R.L.S. , shall be deemed 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 is exclusively that of the Court of Rome.
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