1. Internet sales contract
The general terms and conditions of sale apply exclusively to all deliveries carried out as part of distance contracts as defined by Legislative Decree no. 206/2005.
The order is considered valid only after an acceptance e-mail from “SIMIX srl” to the e-mail address of the customer.
With the order of the goods the customer unconditionally accepts these general conditions of sale. Modifications or accessory agreements apply only to individual orders and require written confirmation from persons authorized by “SIMIX srl”.
In accordance with the law 30 days of delivery are applied on all products. After this period, the customer can set a later term. “SIMIX srl” reserves the right to withdraw from the purchase contract, without the right of compensation, if this delivery term can not be fullfilled.
The processing of your data takes place in accordance with Legislative Decree n. 196 of 30 June 2003 Privacy Code. The data controller is the “SIMIX srl” with registered office in Bolzano, Via Cesare Battisti 12. The information relating to the processing of personal data as well as the rights of the data subject are published on our website in the form of a PDF document.
Our prices are VAT included and do not include shipping costs and, if required, the costs for the cash on delivery service that are charged to the customer. The price refers to the price charged at the time of order, as indicated in the electronic catalog, without typographical errors. It is not possible to order the goods at a price different from the one in force on the day of the order. The “SIMIX srl” reserves the right to vary prices without further notice.
4. Payment conditions
Unless otherwise agreed, payment is by bank transfer, PayPal or credit card.
In case of payment delayed beyond the established deadline, the customer is automatically in default and obliged to pay default interest according to what established by the legislative decree n. 231/2002.
The “SIMIX srl” reserves the right to suspend its contractual commitments until full payment of the goods (Article 1460 of the CC) and this without any right by the customer to compensation for damages of any kind.
5. Right to property
The goods remain the property of “SIMIX srl” until full payment has been made. In case of delayed payment, “SIMIX srl” is authorized to withdraw from the contract and request the return of the goods. The goods can not be transferred to third parties, committed or transferred to third parties for guarantee purposes before the complete payment has been made. It is also forbidden to grant other rights to the goods to third parties. In the case of measures of forced execution and interventions, which affect the legal situation of “SIMIX srl”, by third parties on the goods, the customer is required to immediately report the fact against the third party and the “SIMIX srl”. Should the customer forget to report he is obliged to pay damage fees to “SIMIX srl”.
6. Delivery costs and conditions
Delivery is at the expense and risk of the customer ex-deposit of the “SIMIX srl” in I-39040 Castelrotto (BZ) by postal service and / or courier / forwarder to the delivery address indicated by the customer. The buyer must check the delivery immediately upon delivery. If you suspect that there are damages resulting from transport and / or that the damaged packaging has been removed goods to inform immediately in writing form the “SIMIX srl” and keep the original packaging. Binding commitments regarding delivery times must be formalized in writing for their validity. If delays in delivery occur for reasons deriving from the direct responsibility of the suppliers or companies that take care of the transport, “SIMIX srl” can not be held responsible for damages resulting from such delays. If the customer establishes an adequate delivery time, after the supply is already delayed, the “SIMIX srl”, after this deadline, has the right to withdraw from the contract at no charge. Requests for damages by the customer for non-fulfillment of the order can be advanced only in the case of delays arising from the will or gross negligence of the seller.
The “SIMIX srl” is authorized to carry out partial deliveries.
At the time of delivery the customer, with the exception of the user, is obliged to check immediately if the goods present obvious defects that an average consumer (belonging to the respective professional category) would certainly notice. If you find obvious defects, especially considerable and easily visible damage and / or malfunctions, the customer must report them in writing within 8 days of delivery, describing exactly the defect found. Otherwise, its rights for defects are excluded. For non-evident defects it is possible to assert their rights always within 8 days from their discovery. Also in this case the detailed description of the defect found must be notified in writing.
In case of violation of the terms foreseen for the reporting of defects, the “SIMIX srl” will consider the purchase of the goods completed in the state in which it is located.
In any case, the deadlines for the reporting of defects and the warranty period are subject to the laws in force in Italy.
In case of legitimate complaints within the deadline, the purchaser has the right to demand the cancellation of the contract or an appropriate reduction of the price. With regard to the contractual relations between “SIMIX srl” and customers, not classified as users in accordance with the law, it is specified that in the case of conciliability between the parties, the articles will be applied. 1470 and ss. of the c.c.
With regard to the customer, classified as a consumer according to the law, the articles 1519 bis and ss. of the c.c., Also in this case the customer is obliged to observe the legal terms and the aforementioned methods for reporting defects.
If the defects found will be reported within the period for the reporting of defects and in any case within the warranty period provided by law, the customer has the right to demand free repair or replacement of the product within a reasonable period of time. The customer can not make use of the aforementioned services in the event that their realization is objectively impossible and / or if the services involve excessively high costs towards the “SIMIX srl”.
In the case of direct or indirect damage, loss or loss of profit due to defective deliveries, non-delivery or delays in delivery, it is not possible to replace the goods, regardless of whether the customer is considered as a user or a non-user under the law.
If the “SIMIX srl” regulates the warranty case for the customer, the goods or the disputed pieces will be sent to the manufacturer. The repair or replacement of the goods will take place only subject to acceptance of the claim by the manufacturer. The “SIMIX srl” therefore reserves the right to personally replace the parts object of the complaint. The customer can not claim any right on this type of procedure.
The “SIMIX srl” reserves the right to charge the customer any costs incurred for the verification of the product, if it is intact and functioning, differently from what stated by the customer.
8. Right of Withdrawal
In the event that the customer is a consumer according to the law (Legislative Decree No. 205/2006), he has the right to withdraw from the purchase contract within the deadline set by the law of 14 (fourteen) days from the date receipt of goods or partial delivery by registered letter with acknowledgment of receipt. The communication can also be sent by e-mail or fax, provided that it is confirmed on average by registered letter with acknowledgment of receipt or within the following forty-eight hours. The customer can avail himself of the right of withdrawal only if the goods have not been used and can be resold and if they are returned within 14 days from the date of withdrawal in its original packaging together with an additional external packaging. The consumer is responsible for any decrease in the value of the goods, if the deterioration in value is due to unnecessary management to ascertain the nature, characteristics and functioning of the goods. The return costs will be charged to the customer according to the provisions of Legislative Decree no. 206/2005. In case of damage or loss during transport, the “SIMIX srl” reserves the right to charge for any damages suffered by retaining them from the sums to be reimbursed. In case of recessio we refund the payment via the payment method used by the consumer at the latest of 14 days after receipt of the withdrawal if the goods returned in the mentioned conditions.
Unless otherwise agreed between the parties, the consumer can not exercise the right of withdrawal provided for in paragraphs 1 and 2 of Legislative Decree no. 205 of 06 September 2005 for contracts:
• the supply of services whose execution has begun, with the consent of the consumer, before the expiry of the ten-day deadline for exercising the right of withdrawal;
• the supply of goods or services whose price is linked to fluctuations in the rates of the financial market that the supplier is not able to control;
• the supply of goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly;
• supply of audiovisual products or sealed computer software, opened by the consumer;
• supply of newspapers, periodicals and magazines.
If the goods are used or the original packaging is damaged, the “SIMIX srl” will charge the customer a lump sum for the loss of value of the goods, subject to acceptance of the request for withdrawal of the customer by “SIMIX srl”. The right of withdrawal applies in any case only to mail order. Products withdrawn directly from “SIMIX srl” are excluded.
The aforementioned registered letter with acknowledgment of receipt as well as the return shipment must be sent to the following address:
Via Cesare Battisti, 12 – Bolzano (BZ) 39100, ITALY
For returns, the customer needs a return number (RNR number), which will be assigned by “SIMIX srl” following the exercise of the right of withdrawal, and a copy of the purchase document or delivery note. Returns that are not accepted are not taken into consideration but are immediately returned to the sender at the customer’s expense. For returns, both the risk and the costs are charged to the customer. Supplies not conforming to the order must be returned in their original packaging intact, closed and without any sign of forced entry.
Returns under warranty are accepted only if the type of defect is notified in advance. The “SIMIX srl” reserves the right to carry out a check on the returned product; if during the warranty period the goods are returned unjustifiably as defective or incomplete, any control costs plus shipping costs will be charged.
“SIMIX srl” reserves the right to replace the returned goods due to defects with an identical product of the same value or to repair it or to return the amount paid.
For the goods purchased, the guarantees of the respective manufacturers are valid. The technical assistance service as well as the warranty conditions are taken by the manufacturers who repair the goods at one of their technical assistance points. The legal representatives and the collaborators of the seller disclaim all responsibility towards the customer, except in cases of intentionality and gross negligence.
11. Jurisdiction and jurisdiction
Place of jurisdiction is the headquarters of “SIMIX srl” in the event that the contracting party is not classified as a consumer in accordance with the law. Otherwise the court will be competent according to the provisions of Italian law. For all direct and / or indirect disputes of an economic nature deriving from this contractual relationship, the aforementioned agreement on the competent court applies. The “SIMIX srl” expressly reserves the right to take legal action against the customer even at the court in whose district he has his domicile.
The Italian law applies to all contractual relations between “SIMIX srl” and the customer.
12. Delivery times
The delivery time for all products is 30 working days, unless the product explicitly specifies more than 30 working days. In case we have indicated a shorter delivery time, this is indicative and could be exceeded.
In the event that a clause of this contract should be or become invalid in whole or in part, the remaining contractual provisions are reserved. Instead of the invalid clause, a corresponding or at least similar replacement clause is applied which the contracting parties would have agreed to obtain the same result if they had been aware of the invalidity of the provisions. The same conditions apply in the case of incomplete provisions.
We reserve the right to the presence of errors, not present technical data and errors in writing.
On the server there are several links of other WEB sites. These links are not controlled by “SIMIX srl” and therefore assumes no responsibility for the content of these websites and related links.
In the event of divergence between the text of the general conditions of sale in German, English, Russian and the one in Italian, the text in German prevails.
Pursuant to art. 13 of Legislative Decree No. 196 of June 30, 2003 and the following amendments and additions, we inform you that all data sent to us through our Internet site by fax, e-mail or post will be collected and saved. Our company guarantees the processing of personal data in accordance with the provisions of law that respects the fundamental rights, freedom and dignity of the person concerned with particular reference to privacy, personal identity and the right to protection of personal data.
Personal data processed by our company are not disclosed.
Pursuant to art. 7 of the privacy law the interested party has the right to confirm the existence or not of personal data concerning him, of the control of the same, of rectification and integration, to request cancellation or transformation into anonymous form if in violation of the law. You have the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning you, as you can request cancellation, blocking or transformation into anonymous form. This can also be requested without justified reasons if the data are to be used for commercial information purposes or for sending advertising or direct sales material or for carrying out market research or interactive commercial communication.
The holder of the processing of personal data is:
Via Cesare Battisti, 12 – Bolzano (BZ) 39100, ITALY
Shipping and delivery
Normally, incoming orders are processed and sent within 24 hours.
Our shipping partner delivers the goods ordered on national territory within 48 – 72 hours. The waiting times are extended by 1/2 days if the delivery takes place in remote areas.
To avoid delays in delivery to our shipping partner, you need a TELEPHONE number to be able to contact you by phone, see required field in the cart.
For the same reason it would be very useful also to indicate your address where the forwarder can find you during the working hours. We do not ship to non-EU countries unless agreed before.
Upon delivery to countries that are not part of the European Union, there may be charges (Customs) that are incurred by customers.
|Country:||Shipping cost||Free from|
|Germany, Austria, Belgium, Denmark, France, Great Britain, Luxembourg, Holland, Portugal, Slovakia, Slovenia, Spain, Sweden, Czech Republic||20,00*|
|Estonia, Finland, Greece, Latvia, Lithuania||20,00*|
|Bulgaria, Ireland, Malta, Romania||20,00*|
*transport costs in euros, contain insured shipping
For a purchase of at least 100 euros you will receive a discount of 10%, with a purchase of at least 500 euros, a discount of 25%.