Conditions of Sale

GENERAL CONDITIONS OF SALE

These general conditions govern the online purchase made through the site www.comefistore.it.

The submission of the order confirmation implies that the customer has full knowledge of these General Conditions of Sale and their full acceptance.

GENERAL PROVISIONS

1.1. These general conditions of sale (hereinafter, "General Conditions") govern all sales of Comefi Metalli S.r.l. branded products (hereinafter, "Products" or "Product") concluded at a distance on the website www.comefistore.it (hereinafter, the "Site").

1.2. The remote sales service governed by the General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or "Client"); consumers are natural persons, over 18 years of age, acting for purposes unrelated to their trade, business, craft or professional activity.

1.3. The language used for the conclusion of sales contracts through this Site is Italian.

SELLER IDENTIFICATION

2.1. The vendor is Comefi Metalli S.r.l., with registered office in C.so Vercelli, 13 - 10078 Venaria Reale (TO), Italy, VAT no. 01306090018, tax code no. 01306090018, through its own brand Comefi Metalli S.r.l., hereinafter "the vendor".

PRODUCT INFORMATION AND AVAILABILITY

3.1. The information relating to the Products, together with the Product codes and their prices, are available on the Site.

3.2. The graphical representation of the Products displayed on the Site may differ from reality; the Customer must therefore rely exclusively on the description of the Product and its characteristics shown on the Site.

3.3. The Seller reserves the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, models and colours of the Products described on the Website can be modified without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the Product ordered, the Customer will be notified by an automatic message. The Seller cannot in any case be held responsible towards the Customer due to the non-availability of a Product.

3.4. The seller is in no case responsible for any errors resulting from the failure of the Customer's connection to the Site.

3.5. Profile measurements may have a tolerance of +/- 4mm.

3.6 The measurements of the products on the site refer to the following diagram: Measurement Guide

PRICE

4.1. The price of the Products indicated on the Site is expressed in Euro and is inclusive of all applicable taxes or duties. Delivery charges, indicated separately in the order form, must be added to the price of the Products.

4.2 The vendor reserves the right to modify unilaterally, without notice and with immediate effect, the prices indicated in the price list as well as these general conditions of sale.

CONCLUSION OF CONTRACT

5.1. The Site contains the essential characteristics and price of each Product. The information on the Site does not constitute an offer by the Seller.

5.2. Before sending an order proposal through the Site, the Customer is required to carefully read all the instructions provided during the purchase procedure (also with regard to delivery costs, the conditions for exercising the right of withdrawal and the Privacy Policy) as well as these General Conditions.

5.3. In order to purchase a Product the Customer must (i) put the selected Product in the "Shopping Cart" by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Comefi Metalli S.r.l. through the Website.

5.4. The transmission of the order proposal constitutes a purchase proposal relating to the selected Product, governed by these General Conditions and binding for the Customer (without prejudice to the right of withdrawal provided for in article 10 below). The transmission of the order proposal by the Customer entails the latter's obligation to pay the price of the Product, or Products, ordered.

5.5. Before submitting the order proposal, the Customer has the opportunity to make any corrections/changes to the data entered by following the appropriate procedure indicated on the Site (by way of example, the Customer has the right to change the quantity of the Products he intends to purchase by adding or removing one or more Products from the "Shopping Cart").

5.6. Without prejudice to the use of personal data described in the Privacy Policy, the form with the order proposal and the Customer's data relating to the order proposal may be kept by the Seller for the period of time provided for by the regulations in force.

5.7. The contract between the Seller and the Customer is concluded when the Customer receives confirmation from Comefi Metalli S.r.l. that he has accepted the order proposal sent through the procedure foreseen on the Site. The Seller's acceptance (or refusal) of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal ("Order Confirmation").

5.8. The vendor may reject an order proposal (in which case no amount will be due by the Customer to the vendor, with the possible exception of the amounts indicated in article 6 below) in the following cases:

(I) in case of non-availability of the Products (subject to the provisions of Articles 3.3 and 5.9);

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(II) in the event that the payment made by the Customer is not successful (by way of example, in the event that the purchase price is not debited from the Customer's credit card or, if payment is made by bank transfer, in the event that confirmation of receipt of the bank transfer is not received within 5 (five) working days from the date of the order proposal); or

(III) where there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes;

(IV) in case of non-fulfilment by the Customer of its obligations arising from a previous contract concluded with the Seller.

5.9. In case of unavailability of one or more Products ordered, the Customer will be notified by e-mail. In this case the order proposal is cancelled, or accepted only for the Products available. In the event of partial acceptance, the Client is obliged to pay only the price relative to the Products available (if payment is made by credit card, the Client will be charged only the amount corresponding to the Products available).

5.10. In compliance with the provisions of article 51, paragraph 7, of the Consumers' Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information relating to delivery costs, the conditions and methods for exercising the right to withdraw (including the indication of the exclusion of the right to withdraw in the case of customized Products), an indication of an address to which complaints can be made, and information on after-sales service and existing commercial guarantees. The e-mail communication sent by the seller to confirm the successful shipment of the Products, in accordance with the provisions of Article 8.1 ("Confirmation of Shipment").

5.11. The risk of loss or damage to the Products transfers to the Customer at the moment in which the latter (or a third party designated by the Customer and different from the carrier) takes physical possession of the Product.

PAYMENT METHOD

6.1. The Customer may pay the amount relating to the Products contained in the order proposal and the shipping costs by credit card, PayPal, Stripe, Satispay, Axerve or bank transfer.

In the case of payment by credit card or by means of the services offered by the website www.PayPal.com and the Stripe, Satispay and Axerve platforms, the vendor will proceed with the execution of the contract within five days of payment in the manner and terms referred to in art. 7 below.

6.2. Transactions will be charged to the Customer's credit card only after:

(I) credit card information has been verified;

(II) authorization to debit has been received from the company issuing the credit card used by the Customer.

6.3. If, for any reason, within a period of 5 (five) working days from the date of the order it is not possible to debit the credit card with the amounts due by the Customer (or, in the case of a bank transfer, the funds corresponding to such amounts are not available on the bank account of the Seller), it will not be possible to execute the contract and the order will be considered cancelled.

In case of payment by bank transfer, the customer must send to the seller at the e-mail address info@comefimetalli.it a copy of the bank account confirming the transfer. As long as the payment is not made within the aforementioned term, the execution by the seller of the purchase request remains suspended. Said request shall be considered automatically forfeited, with the consequent extinction of any obligation between the parties, in case the payment is not made within the above-mentioned essential and peremptory term of 5 (five) working days.

 6.4 No order will be carried out by the Seller until payment has been received from the Customer.

TRANSPORT AND DELIVERY

7.1. The Products will be delivered to the address indicated by the Customer in the order proposal. At the time of delivery the signature of the Customer (or his delegate) is required. Deliveries are not made to P.O. boxes.

7.2.  La Fattura va richiesta prima che venga concluso l’acquisto. Successivamente alla chiusura dell’ordine non possono essere richieste Fatture.

7.3. Delivery costs remain the responsibility of the Customer and are highlighted separately on the order form.

7.4. The purchased products will be delivered by a courier selected by the Seller (hereinafter the "Courier") on working days (therefore excluding Saturdays, Sundays and local or national holidays) from 9:00 am to 6:00 pm. Deliveries shall be made within 4 working days from the date of the Order Confirmation (except in case of force majeure events or unforeseeable circumstances), with the clarification that these terms start from the day after the payment is made or, in case of payment by bank transfer, from the day after the buyer has sent the bank account confirming the transfer. However, there may be the possibility of further delays in the delivery of items ordered due to sudden end of stock of material in stock for sale. In this case will be promptly notified by phone or e-mail to the customer the possibility of revoking the order or wait for the arrival of the goods.

7.5. The Customer (or his delegate) is required to check, at the time of delivery of the Products by the Courier:

(I) that the number of packages delivered corresponds to the number shown on the delivery note; and

(II) that the packaging and its seals are intact, undamaged, not wet or altered in any way.

Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the Courier's delivery note.

Once signed the document of the Courier without the customer has raised any objections, the customer can not make any objection about the external characteristics of the package delivered.

7.6. The obligation to deliver the goods shall be deemed to have been duly fulfilled at the time the package is handed over to the forwarding agent, the date on the shipping form being decisive in this respect.

7.7. The vendor is not responsible for any delays and/or misunderstandings or similar events in the delivery of the parcel which are attributable, even indirectly, to the forwarding agent or which depend on the absence, at the place of residence/domicile/registered office, of the purchaser-recipient-customer and/or on the incorrect indication by the purchaser-customer of the personal data and delivery address previously provided and which, in any case, depend on total or partial strikes, lack of electricity, natural disasters, natural disasters, natural disasters, earthquakes, etc., by the purchaser-customer, of the personal data and delivery address previously provided and which, in any case, depend on total or partial strikes, lack of electricity, natural disasters, measures imposed by public authorities, force majeure, riots, terrorist attacks and the like, and in any case events not attributable to the seller

7.8. In the event of delays and/or mishaps or similar events in the delivery of the parcel, the purchaser undertakes not to make any claim for compensation and/or restitution against the vendor.

7.9. The delivery terms are indicative and are not essential terms according to art. 1457 of the civil code.

CONFIRMATION OF DISPATCH AND DELIVERY

8.1. The Seller will send the Customer a Shipping Confirmation e-mail after the shipment of the Products.

WRAPPING OR PACKAGING

9.1. The Products purchased on the Site are delivered using the normal packaging used by the Seller.

RIGHT OF WITHDRAWAL

10.1. Pursuant to article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorised representative for receipt of the Product) takes physical possession of the Product itself.

10.2. In order to exercise the right of withdrawal, the Customer must carry out the following procedure, within the term provided for in the previous article 10.1:

By registered mail with return receipt addressed to:

Comefi Metalli S.r.l. C.so Vercelli, 13 - 10078 Venaria Reale (TO), Italy

The right of withdrawal lapses in cases where the seller ascertains:

- Use, even partial, of the asset

- The lack of the original outer packaging and/or inner packaging

- The absence of integral elements of the product

- Damage to the product for reasons other than transport.

10.3. Within 14 (fourteen) days from the withdrawal communication (transmitted in accordance with the previous article 10.2) the Customer will have to return the purchased Product to the Seller by sending it to the following address Comefi Metalli S.r.l. , C.so Vercelli, 13 - 10078 Venaria Reale (TO), Italy

The costs for returning the Product to the Seller shall be borne by the Customer. The Customer is exclusively responsible for any decrease in the value of the Product resulting from any handling of the Product other than that necessary to ascertain its nature, characteristics and operation: therefore, the Customer shall not remove any labels applied to the Product. The Product must be returned intact without tampering or manipulation.

10.4. The vendor will refund the sums corresponding only to the purchase of the products and not to the accessory expenses, without undue delay and in any case within and not later than 14 (fourteen) days from the date on which the vendor was informed of the client's decision to withdraw from the contract in accordance with this article 10. This refund will be made by the seller with the same payment methods used by the customer for the initial transaction, unless otherwise expressly agreed between the parties and provided that the customer does not incur additional costs for this refund. If the purchase was made using a discount code, the amount of the discount will not be refunded. The refund will be relative only to the amount actually spent.

10.5. The Seller may suspend the refund until receipt of the returned Product or, if it occurs before such receipt, until the moment in which the Customer provides proof of having returned the Product.

 10.6. Following the return of the goods, the vendor provides for the verifications specified below. It will be the duty and care of the vendor to inform the customer by e-mail in case, following the verification, it is ascertained the non-compliance of the essential conditions above for the valid exercise of the right of withdrawal.

After the Product has been shipped, the order cannot be cancelled or modified. The return of Products already shipped must be carried out in any case in accordance with the procedure provided for in this article 10.

REPLACEMENT OF PRODUCTS

11.1. Without prejudice to the Customer's rights provided for by articles 10 and 13 of these General Conditions, the Seller does not in any case grant the Customer the possibility of replacing the Products purchased on the Site with other products.

LACK OF CONFORMITY

13.1. Should a Product sold by Comefi Metalli S.r.l. present a manufacturing defect and in any case for any alleged conformity defect relating to Products sold by Comefi Metalli S.r.l., the Customer is obliged to immediately contact the online assistance service, by e-mail at the address indicated below: info@comefimetalli.it (c.a. Online Sales Assistance)

13.2. The sale of the Products is subject to the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code, as defined below. Pursuant to said provisions of law, the Customer is entitled to obtain the restoration of the conformity of the goods by means of repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the conditions provided for by law), at no cost to him/her, or, if one of these remedies is unsuccessful (in accordance with the provisions of article 130, paragraph 7, of the Consumer Code), he/she may obtain an appropriate reduction in the price of the Products or the termination of the contract.

The action aimed at asserting a conformity defect not fraudulently concealed by the vendor is prescribed, in any case, in the term of 26 (twenty-six) months from the delivery of the Product.

13.3. In the event that the Customer requests, within the terms of this article 13, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to the Seller of the Product to be repaired or replaced, as well as all the costs relating to the delivery to the Customer of the repaired or replaced Product, shall be borne by the Seller.

GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS

14.1. The Seller guarantees the authenticity of all Products purchased on the Site.

APPLICABLE LAW AND COMPETENT COURT

15.1. These General Conditions and, consequently, the contracts entered into with the Customers are governed by Italian law and must be interpreted in accordance with it (including Legislative Decree no. 206 of 6 September 2005, "Consumer Code" and, in particular, "Chapter I, Title III of Part III" as well as Legislative Decree no. 70 of 9 April 2003, "E-commerce Decree").

15.2. Should any disputes arise between the vendor and the customer regarding the interpretation, validity and/or execution of these general conditions of sale and in any case of the contract, it is agreed that the Court of Turin shall have exclusive jurisdiction, excluding any other court.

EXPRESS TERMINATION CLAUSE

16.1. The vendor shall have the right to terminate, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, at any time by written notice to be sent to the customer, the individual sale in the event of breach of the obligations provided for in these general conditions of sale or even only one of these obligations.

CONTACTS

17.1. For further information and assistance on the Site or on the online purchase procedures the Customer can contact Comefi Metalli S.r.l. at the following email address: info@comefimetalli.it

DISCOUNTS, PROMOTIONS AND OFFERS

Unless otherwise specified, discounts (as a percentage or in euros on the cart total) cannot be combined with other discount codes, are only valid for purchases on www.comefistore.it, and do not apply to promoted products.

Discounts in force:

• STORE2022 valid until 31 December 2022 for the first order placed on this site (discount value 5%)
• DISCOUNT75 valid from 1 December 2022 to 31 January 2023 for a single order placed on this site during the period of validity (discount value 7.5%)

18.2 Products on offer are available while stocks last or until the date indicated on the item sheet.