1.1. These general terms and conditions of sale (hereafter also the “Conditions”) shall apply to the purchase of products (hereafter the “Products” or individually the “Product”) via the e-commerce website www.smartmicrooptics.com (hereafter the “Site”) by users purchasing one or more Products (hereafter the “Consumer”). The Site is the property of Smartmicrooptics Srl., with registered office in piazza Pontedecimo 9/4a, Genova, Italy, VAT no. 02382790992 (hereafter the “Seller”). The Seller and the Consumer shall be referred to jointly as the “Parties”.
1.2. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc, – shall be sent to the Seller, in accordance with the procedure also set out on the Site, to the e-mail address firstname.lastname@example.org .
1.3. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.4. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Supplier reserves the right to amend all or part of these Conditions at any moment in time and at its own discretion. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
3. Products purchase procedure
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Conditions, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights and to keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
4. Delivery and acceptance of goods
4.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
4.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid, if requested. If the Consumer has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
4.3 The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 14 (fourteen) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse the delivery from the carrier/courier or accept the delivery “with rights reserved”.
5.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site
5.2. The total price payable to the Seller will be indicated in the Order.
5.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
5.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
5.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 5.3. and 5.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
6.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
6.2. Payments for orders an be effected by credit card or PayPal at the conditions provided below. The Seller may also allow other payment methods, including cash on delivery where applicable, as seen in the specific payment section on the Site.
6.3. The billing relating to the purchase will be sent to the Consumer, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process or attached to the purchased product in paper format.
7.1. The Consumer is required to report any defects and non-conformities of the products within and no later than 14 (fourteen) days from receiving the products, sending an email to email@example.com, clearly indicating the defect and/or non-conformity detected, along with at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt
7.2. On receiving the related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when placing the order; this e-mail will include the “Returned Product Code” Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the “Returned Product Code” within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
Smartmicrooptics S.r.l., Via Greto di Cornigliano 6r, int. 24A, postcode 16152, Genova (GE) – Italy
7.3. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending to the Seller, at the e-mail address firstname.lastname@example.org, the bank details to be able to transfer the refund.
8. Right of withdrawal
8.1. The Consumer shall have the right to withdraw from any contract concluded pursuant to these Conditions, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.
8.2. To exercise the right to withdraw, the Consumer shall send a request to the Seller within the indicated deadline via email at email@example.com.
8.3. If the Consumer has received the product, he is required to return it to the address:
Smartmicrooptics S.r.l., Via Greto di Cornigliano 6r, int. 24A, postcode 16152, Genova (GE) – Italy
without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
8.4. If you withdraw from this contract, we shall refund all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having dispatched the goods, whichever is the earliest.
8.5. The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (e.g. scratches, deformation, breakages, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
9. Intellectual Property Rights
9.1. All trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
10. Protection of Consumer Personal Data
10.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended.
10.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
11. Data Security
11.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.
12. Applicable law, settlements and jurisdiction
12.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer’s country of residence.