Terms and conditions of use

GENERAL CONDITIONS OF SALE

Preconditions
The Company PUNTOENERGIA ITALIA SRL (hereinafter also just "Seller") with registered office in San Severo (FG) at via Tardio, snc, P.iva 03805690710, remotely sells products in the renewable energy sector, electronics, electrical equipment and more through its e-commerce site www.puntoenergiaishop.it (hereinafter, "the Site").
These General Terms and Conditions of Sale are applicable to all sales of products concluded at a distance through the Site and regulate distance sales in accordance with and in compliance with national and European regulations in force on the subject, including Legislative Decree. n. 70/2003, the Legislative Decree n. 206/2005 and subsequent amendments (hereinafter the "Consumer Code") and the European Directive n. 2011/83 EU on Consumer Rights.

A - Scope of application

These General Terms and Conditions of Sale govern the sale through the Product Site offered by the Seller.
These General Terms and Conditions of Sale may be modified by the Seller at any time. Any changes will be effective from the moment they are published on the Website in the "General sales conditions" section, present on the Website homepage. Customers are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Sales Conditions. The applicable sales conditions are those in effect on the date of transmission of the purchase order of a product by the customer.
Before proceeding with the purchase of products through the Website, the customer must carefully read these General Terms and Conditions of Sale, made available in the "Terms of Sale" section of the Site.
It is understood that the execution of the Purchase Order through the Site implies total and absolute knowledge of these General Terms and Conditions of Sale and their full acceptance.
These General Terms and Conditions of Sale do not regulate the sale of Products by parties other than the Seller, even if they are present on the Site through links, banners or other hypertext links. Given this, the customer is invited, before proceeding with the possible forwarding of orders and / or with the purchase of products and services from parties other than the seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held responsible for the supply of goods or services by third parties.
In the event that the person who purchases Products on the Site requires the issuance of an invoice and / or in any case is not a "Consumer" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the discipline of withdrawal pursuant to the letters H-I of these General Conditions nor, more generally, the provisions that apply only to "consumers" pursuant to the same Consumer Code.
For information regarding the processing of personal data of Clients, refer to the contents of the Privacy Policy.

B - Information directed to the conclusion of the Contract

The Seller informs the Customer that:
- to conclude the purchase contract for one or more Products on the Site, the Customer must place an Order to purchase the products, filling in an electronic order form and sending it to the Seller, electronically, following the instructions that appear on the Site;
- the Contract is concluded when the user receives from the Seller, at the e-mail address indicated, the confirmation e-mail of the forwarded Purchase Order. This confirmation message will contain date and time of execution of the order and a "Customer Order Number", to be used in any further communication with puntoenergiashop.it and to be used in the purpose of the bank transfer.
- before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase;
- the registration credentials (e-mail address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them.
With the transmission of the Order, the Customer accepts and undertakes to observe, in relations with the Seller, these General Terms and Conditions of Sale and the additional information contained on the Site, including the Privacy Policy, also referred to through links and always stored.
In any case, the Seller reserves the right to evaluate the acceptance of the Orders received and not to accept purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products. If the Seller does not receive the payment within 5 days of sending the order confirmation email, send the Customer a payment reminder e-mail. If after 5 days from sending the reminder email, the Customer has not made the payment, the contract is considered as terminated by law (art. 1454 c. Formality to fulfill).

C - Registration on the Site and Purchase Order of the Products

Purchase Orders can be made directly through the Site, only by adults who are not in conditions of legal incapacity.
The Customer who intends to make the Purchase Orders for the Products can register on the Site and enter the requested data. In any case, it is in any case necessary to provide the Seller with a valid e-mail address to which all mandatory information is forwarded to the Customer, as well as the communications required by these General Sales Conditions or in any case concerning the Product Purchase Order.
The description of the characteristics of the Products that can be purchased, together with one or more photographic images that allow a correct representation of the Products, is present on the Site, in the Purchase Order and in the Order confirmation sent to the Customer at the end of the purchase procedure.
The images and descriptions in each product sheet reproduce the characteristics of the Products as closely as possible but must always be intended as indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products submitted by the Customer will prevail. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ slightly even if reproduced in photographic studios, the shade varies according to the type of light used in the studio "warm light / cold light / distance between the product and the surrounding lighting and the type of camera used.
To view the selected Products and their total price, click on the cart icon. The Customer is asked to verify the accuracy of the contents of the cart before confirming the Purchase Order of the Products, entering the requested data and following the instructions provided on the corresponding page of the Site, as well as confirming that they have read and accepted these Conditions general sales policies.
The Customer has the right to make changes or make corrections of any errors before sending the Purchase Order to the Seller following the instructions contained in the Site.
The Customer, before the shipment is made by the Seller, can cancel the order by promptly notifying the address [email protected] and subsequently contacting our operators at the number: 0882.228247.

D - Prices and VAT

All prices on the site http: //www.puntoenergiashop.itsono including VAT. The standard VAT applied is 22%. Pursuant to Presidential Decree 633/72, on products and goods intended for the construction and construction of plants for the production of energy from renewable sources of wind and / or photovoltaic energy, subject to the issue of a written declaration of responsibility, the reduced rate of 10 is applicable %. This facility is intended exclusively for end users, whether they are private individuals or companies, as long as they declare under their own responsibility that the products purchased will be directly installed and will not be sold. The declaration of responsibility for the application of VAT reduced by 10% must be sent by e-mail to the address [email protected] or by fax to n. 0882.228247. While on all other products the VAT applied is 22% as per law.
The items that benefit from the facilitation are all items and accessories and kits destined for the production of electricity from renewable sources, such as solar panels, charge regulators. During the purchase phase of the aforementioned items, the customer can decide whether to purchase with reduced VAT or with standard VAT at 22% and communicate it to Puntoenergia Italia srl.

E - Payment and invoicing methods

Payment by the customer can be made in Euro using one of the payment methods indicated on the Site and listed below.
Credit card: the confidential data of the credit card (card number, expiry date holder, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access and does not store the data of the credit card used by the Customer for the payment of the Products, not even in the event that the same proceeds to save the Credit Cards, except for the single data relating to the holder of the paper.
PayPal: payment for Products purchased on the Site can be made using the PayPal payment solution. If the Customer chooses PayPal as the payment method, he is redirected to the www.paypal.it site where he can pay for the Products based on the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed by the Customer with PayPal . The personal data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not memorize in any way the data of the credit card connected to the Customer's PayPal account or the data of any other payment instrument connected with that account.
Cash on delivery: by choosing this method, payment is made to the Courier upon delivery of the product. Puntoenergiashop reserves the right to request payment only with electronic means (credit cards, paypal and bank transfer) in the event that on the occasion of a previous purchase, the Customer has not taken steps to collect the products for which payment was envisaged cash on delivery, 10 days after receipt of the email notification of the stock of the products themselves.
Bank transfer: during the purchase process, you can select the transfer as a payment method. The IBAN to be used to make the transfer is indicated in the order summary and is sent to the customer's e-mail indicated in the registration phase.

F - Product Delivery

Following the confirmation of the Purchase Order sent to the indicated e-mail address, the Customer can follow online the delivery of his Order.
For any information regarding the delivery, the customer can contact the Seller's Customer Service, whose contacts are indicated on the seller's website at www.puntoenergiashop.it.
Deliveries of Products are made only within the territory of the European Union. The delivery obligation is considered fulfilled by transferring the material availability or in any case the control of the products to the customer.
Delivery costs are always charged to the customer. The amount of delivery costs due by the customer in relation to a specific purchase order is expressly and separately indicated (in Euro and inclusive of VAT) on the site during the purchase process, in the order and in the confirmation e-mail order.
During the purchase process, before the Customer transmits the purchase order of the products, the terms within which the Seller undertakes to deliver the products subject to the order will be indicated, taking into account, as well as the area and the method of delivery, also of the possibility that the customer purchases more products with the same order.
The shipping terms run from the time of payment (made electronically). In the event that payment is made with cash on delivery, the customer could be contacted for further confirmation of the order.
In the case of delivery to the address indicated by the customer in the purchase order, the products purchased on the site will be sent and delivered through the courier indicated on the site to the postal address indicated by the customer, according to the costs and terms indicated on the site during purchase process, before the user proceeds with the transmission of the order. It is also possible to take advantage of the delivery notice which is an additional service that allows the recipients to be able to know, in advance, the time of delivery of their goods by paying a supplement of 5 euros at the time of delivery of the products.
If after the two delivery attempts by the courier it has not been possible to deliver the goods, the seller sends an e-mail to the customer to communicate that the product is in stock. From this moment the customer has 10 days to collect the product at the storage depot, after which Puntoenergiashop has the right to take back the product by returning to the customer the sum paid by the latter with the exception of shipping costs as it is charged to the customer.
Puntoenergiashop will not be held responsible for missed or delayed delivery due to force majeure, such as strikes, public authority measures, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, heavy snowfalls, flooding and damage to industrial machinery not dependent on Puntoenergiashop. Puntoenergiashop will promptly notify the customer of the occurrence of a case of force majeure.
In the event that the customer is a consumer, he has the right to exercise the withdrawal under the terms and conditions set forth in the following point H of these general sales conditions.
In the event that the customer is a Consumer, the art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a a third party designated by him and different from the carrier, enters into physical possession of the goods.

G - Conformity of delivered Products
Responsibility for transportation is borne by Puntoenergiahop, which in the event of damage to the product occurring during transport, will be returned to the courier.
It is up to the customer to verify the conditions of the products delivered to him. The customer assumes the risk of non-delivery or damage to the ordered products, for reasons not attributable to the seller, only when the customer, or a third party designated by him and different from the carrier, materially comes into possession of these products.
It is the customer's responsibility at the time of delivery of the goods to check that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (quality check). Any damage must be immediately reported to the courier who makes the delivery (by accepting the goods with a prudent reservation to be written in the courier's DDT: Ex: "box with holes on the side", "box open and without personalized tape", " damaged box ", etc.).
In the event that the product has been damaged during transport, the customer must notify the Seller by e-mail no later than 24 hours after delivery detailing the damage the product has suffered, at the following address [email protected], or by fax to n. 0882-243119 or by registered mail to the address: Via Tardio, snc - 71016 San Severo (FG). After 24 hours from delivery it will no longer be possible to present claims to the seller for goods damaged during transport.
In any case, at the time of delivery, the products must be checked by the customer in order to ascertain that they correspond to the items ordered and that they do not present production defects or further defects of conformity. In addition to the specific guarantees that may be provided to the customer together with the delivered product, the legal guarantees provided for by Italian law are also applicable to the sale of the Products purchased on the site.
According to the art. 130 of the Consumer Code, the Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate price reduction or termination of the contract. In the event that the package shows obvious signs of tampering or alteration, it is also recommended that the customer immediately notify Customer Service at the address below.
The guarantee of legal conformity of the goods, provided for by the articles 128 ss. of the Consumer Code, is equal to 24 months: specifically, the Seller is liable, pursuant to Article 130, when the lack of conformity occurs within two years of delivery of the goods. It is understood that the consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (art. 132 Consumer Code).
The Consumer's request to assert the guarantee of conformity of the products must be communicated to the Seller by contacting Customer Service on 0882.228247.

H - Withdrawal and return for the Consumer

If the Customer is a Consumer, he can exercise the right of withdrawal pursuant to articles 52 et seq. of Legislative Decree n. 205/2006 (Consumer Code) within fourteen days starting from the day on which the Consumer himself or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Consumer through a order only and delivered separately, from the day on which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the last good.
To exercise the right of withdrawal, it is sufficient to inform us of your decision to withdraw from this contract by an explicit declaration, for example by registered letter sent by post to the following address: PUNTOENERGIA ITALIA SRL via Tardio, snc - 71016 San Severo (FG) Italy, or by accessing your account by clicking on "Return" filling in all the requested data.
In order for the withdrawal and the return to be accepted by the seller, the products must be returned within the peremptory term of 14 (fourteen) days from the date on which the customer communicated to the seller that he / she wishes to withdraw from the purchase in compliance with all the following conditions:
products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
products must be accompanied by the purchase receipt;
the products returned by the Customer must not have been opened, used, damaged,
but they may have been manipulated and inspected to establish their nature and characteristics;
possibly damaged products subject of the return must be returned as received by the Customer, without subjecting them to modifications, manipulations or attempts to repair them.
In the event of withdrawal, all payments made to the Seller (with the exception of the direct cost of returning the goods and those possibly incurred for cash payment) are reimbursed to the Customer, according to the payment methods chosen for the purchase, in relation to the product for which the withdrawal was exercised. The Seller reimburses these payments without undue delay and in any case within fourteen days from the day on which it is informed of the Consumer's decision to withdraw from the contract. The professional can withhold the reimbursement until he has received the goods or until the Consumer has demonstrated to have sent back the goods, depending on which situation occurs first (pursuant to art. 57 of Legislative Decree 206/2005 Consumer Code). According to art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the Consumer is solely responsible for the decrease in the value of the goods resulting from the handling of goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The refund is made based on the method of payment chosen by the Customer and does not involve any additional cost for the Customer.
In case of cash on delivery, the Customer must indicate the IBAN on which he wants the purchase costs incurred to be reimbursed. The shipping costs incurred by the consumer both for sending the product and for the return will not be reimbursed by the seller.

I - Withdrawal and return for the Consumer

All products marketed by PuntoEnergia Italia SRL are covered by the manufacturer's standard warranty and the 24-month legal guarantee for defects of conformity, pursuant to Legislative Decree n. 206/2005. The legal guarantee (or due to lack of conformity or defects or lack of promised quality) concerns a problem that the property has presented from the beginning. The legal guarantee, therefore, finds its application in cases where the contract has not been respected, since a good has been delivered that is different from the one foreseen or otherwise not able to perform the agreed services.
For B2B sales (sales to VAT subjects) the warranty is 12 months from delivery of the product, the forfeiture deadline for reporting defects is instead 8 days from discovery.
For products subject to consumption, such as batteries for cyclic charge and discharge use, the maximum guarantee granted will be 12 (twelve) months. The warranty is not valid in the following cases:
- when the battery is discharged due to inactivity, electric current absorption, oxidized terminals or not well connected;
- if the malfunction is due to improper use, applications not recommended or incorrect, carelessness in use, tampering, incorrect installation or maintenance, negligence, or by circumstances that, in any case, cannot refer to malfunctions of the product itself.
The warranty in question will not be applicable in any case in case of negligence, carelessness in use and maintenance of the product.
To use the warranty, the Customer must keep the invoice, or the DDT or receipt, which he will receive together with the purchased goods.

In the event of a lack of conformity, PuntoEnergia Italia SRL will proceed with the restoration of product conformity by:
- repair of the same or
- replacement of the same or
- price reduction ie
- Termination of the contract and return of the price.
The times of replacement or repair of the product depend exclusively on the manufacturer, therefore no responsibility can be attributed to Puntoenergia Italia in case of delays in the replacement or repair of the defective product. In this regard, Puntoenergia Italia, may request the customer, upon notice, to send the product directly to the technical assistance center of the manufacturer or importer of the product. In the event that, for whatever reason, PuntoEnergia Italia SRL is not able to replace or repair a product under warranty, it may proceed with the replacement of the product itself (if still on the price list) or with another of equal characteristics and value or, finally, to return the price. No damage can be requested to PuntoEnergia Italia SRL for any delays in repairs or replacements of products under warranty.
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, it is recommended, when possible, to insert it in a second box; in all cases, the attachment of labels or adhesive tapes directly to the original product packaging should be avoided.
The shipping costs for sending the product under warranty and those for returning to the customer will always be borne by the customer.
All the material sent that is not covered by the warranty or that after an accurate check by PUNTOENERGIA ITALIA SRL will work, will be returned with shipping costs to be paid by the recipient and with a cost of € 15.00 as the fixed right of intervention.
The customer will lose the right to the warranty in the following cases:
- forfeiture of terms;
- Damage caused by use that does not conform to the original performance of the product;
- Tampering or attempts to intervene by the user or personnel not expressly authorized by our company;
- Return of the product without original packaging and related accessories.
In order to take advantage of the replacement or repair of the product under warranty, it is necessary to download the RMA form from the following link:

Download the RMA form

Once the Rma form has been downloaded, the customer must complete it carefully in all its parts, following the instructions on the same, with the exception of the part filled in by Puntoenergia Italia and sent by email to [email protected]. Once an email has been received with the Rma module, Puntoenergia Italia, once the product issue has been assessed, will insert a RMA number and the opening date of the complaint. The form will be returned to the customer via email. This e-mail will be used as authorization to return the product to our office for thewarranty procedure. All shipping costs related to the return of the product and the return of the same repaired or replaced will always be borne by the customer.

Exceptions to the right of withdrawal referred to in Art. 59 of the Consumer Code relating to the supply of PUNTOENERGIA ITALIA SRL articles:

The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to:

1. The supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and which may occur during the withdrawal period;
2. The supply of goods made to measure or clearly personalized;
3. The supply through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.

L - Complaints

Any complaint must be addressed in writing to PuntoEnergia Italia SRL via T. Tardio, snc 71016 San severo (FG), or by fax to n. 0882/2228247, or via e-mail at [email protected].

 
M - Jurisdiction and applicable law

The sales contract between the Customer and PuntoEnergia Italia SRL is concluded in Italy and regulated by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance selling contract, the jurisdiction is that of the Court of Foggia.

 
N - Conditions

The conditions contained in this document may be modified by PuntoEnergia Italia SRL without notice and will be valid from the date of publication on the website www.puntoenergiashop.it

 
O - Limitation of Liability

Outside the cases of willful misconduct or gross negligence, the seller is in no way liable to the customer for direct or indirect damages that may derive from the purchase of Products offered for sale on the site.
The seller also declines any contractual or extra-contractual liability for direct or indirect damages caused by the non-acceptance or evasion, even partial, of an order.

P - Privacy

The Customer can always obtain information on how the Seller treats his personal data by accessing the Privacy Policy available on the website home page.
 

Q - Cookies

Cookies are computer files that can be saved on the user's computer (or other internet-enabled devices, such as smartphones or tablets) when they visit the Website. Usually a cookie contains the name of the website from which the cookie itself comes from and the 'lifespan' of the cookie (ie how long it will remain on the user's device).
Cookies inserted as they are essential for the operation of the Website. The Website uses session and persistent cookies, for the sole purpose of offering a more efficient service. The use of these cookies is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary to enable the services and functions of the Website to be provided in a complete manner. The cookies used on the Website avoid recourse to other computer techniques that are potentially detrimental to the privacy of users' browsing and do not allow the acquisition of data that directly identifies the user. Interested parties who do not want the cookies in question can delete them after browsing simply by going to the privacy settings of their browser. browsing and selecting the option to delete cookies.
Cookies entered for aggregate analysis of visits to the site. PUNTOENERGIA ITALIA SRL uses aggregate analysis tools for browsing data to improve the Website (Web Trends and Google Analytics). In particular, Google Analytics, a system made available to available from Google Inc., uses cookies that are stored on your computer in order to allow the website manager to analyze how users use the site. The information generated by the cookie about the use of the Website by the user (including the anonymized IP address by removing certain numbers) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of tracking and examining the use of the Website by the user, compiling reports on the activities of the Website for the operators of the same and providing other services relating to the activities of the Website and the use of the Internet .To protect users' privacy as much as possible, PuntoEnergia Italia srl applies the 'IP masking' option made available by Google Analytics, which requires the system to obscure the last 8 digits of the visitor's IP address before any processing, making the analyzed data anonymous. Users who do not want the cookies in question can prevent them from being stored on their computer through the appropriate "Browser add-on for Google Analytics deactivation" made available by Google at https: //tools.google.com/dlpage/gaoptout. To activate the component, which inhibits the system for sending information on the user's visit, it will be sufficient to install it following the instructions on the screen, close and reopen the browser.
Cookies entered to post interest-based ads. The Website may use third-party cookies to publish advertisements defined on the basis of user interests. This information is collected during the user's browsing and is in no way linked to the account with which the user accesses the Website. In particular, Google Adwords by Google Inc. uses the navigation data within  of its own online advertising circuit, to propose announcements more relevant to the user's interests. PuntoEnergia Italia srl uses this technology and uses the navigation data on its Web Site to offer the user targeted advertisements based on interests. The user can partially or completely disable the use of cookies by Google Adwords by visiting the pages https: //www.google.it/ads/preferences and https://www.google.it/settings/ads / OnWeb. More generally, each browser allows the user to disable third-party cookies to allow online advertising based on the user's interests. For example, in the case of the Firefox browser the deactivation of the cookies in question can be carried out by following the instructions on the page http://support.mozilla.org/it/kb/Disattivare%20i%20cookie%20di%20terze%20parti In the case of Internet Explorer instructions on disabling third-party cookies can be found at the following link http://support.microsoft.com/kb/283185/it. Most internet browsers are initially set up to accept cookies automatically. The user can change these settings to block cookies or to warn that cookies are sent to the user's device. There are various ways to manage cookies. The user can refer to the instruction manual or the help screen of his browser to find out how to adjust or change the settings of his browser. In the case of different devices (for example computers, smartphones, tablets, etc.), the user must ensure that each browser on each device is adjusted to reflect their own cookie preferences.