Terms and conditions
Identification of the supplier
www.unotre.com (or from now on the “Website”) is property of Cubica srl, corso Indipendenza 24 Milan, VAT number 03164320123, from now on referred to as the “Supplier”.
The goods subject to this terms and conditions are sold by the Supplier. When a Client transmits a purchase order through the Website, the relative purchase agreement between the Client and the Website will be subject to the following Terms and Conditions.
1.1. With the expression “online purchase agreement” we refer to the purchase agreement relative to the material goods of the Supplier, agreed between the Supplier and the Client in the context of an online Website provided by the Supplier.
1.2. With the expression “Client” we refer to the natural person of the consumer which makes the purchase object of this agreement for purposes not connected to a commercial or professional activity he or she might conduct.
1.3. With the expression “Supplier” we refer to the subject previously identified that is the subject providing the selling services.
2. Subject of the agreement
2.1. With the present agreement, respectively, the Supplier sells and the Client purchases through online services the material goods offered on the website www.unotre.com.
3. Agreement acceptance
3.1. The agreement between the Supplier and the Client is agreed upon exclusively online through the access of the Client to the Website where, following the indicated procedures, the Client will come to agree to the Terms and Conditions for the purchase of the goods stated in Section 2.1 of this agreement.
4. Agreement validity
4.1. The purchase agreement is agreed upon through the exact compilation of the purchase form, the explicit agreement to the Terms and Conditions and its transmission by the Client. The form, before submission, will display the present Terms and Conditions, a recap of the order with the details of the Client and of the purchased goods, the price of goods and the shipping and handling costs, the terms of payment, the address where the goods will be delivered, the estimated delivery time and the existence of the right of withdrawal.
4.2. In the moment the Supplier receives the order from the Client he will send a confirmation email and will provide an order summary and confirmation page, in which the data from the preceding point is displayed again.
4.3. The agreement is considered null in absence of anything stated in the preceding points.
5. Payment terms, refunds, invoicing
5.1. Every payment from the Client will be collected exclusively through one of the means displayed on the payment page at checkout. The Supplier reserves the right of verifying and investigating credit for every purchase, in respect of personal data and privacy as per section 15. Based on the results of the investigation, the Supplier reserves the right to refuse some payment methods.
5.2. Every reimbursement to the Client will be credited in a timely manner through one of the means proposed by the supplier and accepted by the Client and, in the case of return of goods regulated by the Return and Refund Policy and as disciplined by Section 13 of the present agreement, no later than 30 days after the Supplier has been notified the intention of returning a purchase under the Return and Refund Policy.
5.3. All the communications regarding payments with Credit Cards are handled through third-party services (PayPal or similar). The Supplier is not storing Credit Card data on his servers. To know the data and privacy policies of the third-party services used by the Supplier please consult the services own pages for PayPal and Stripe.
5.4. In the case a Cash on Delivery (also referred to as “COD” or “Contrassegno”) payment is requested by the Client, he or she agrees to pay every due duty, as stated at the moment of order confirmation, at the delivery of goods. If the Client refuses to pay what agreed upon to the courier, the Client agrees to pay the cost of shipping the order to him, the cost of shipping the order back to the Supplier, plus every additional damage and/or interests.
5.5. In the case of an extra-UE shipment, the Client will be charged for the items purchased and shipping costs only. The Client agrees to pay every custom duty owed (import duty, tax costs et al.) which will be invoiced directly to him from UPS or whatever shipping company handling delivery. If the Client refuses to pay import duties at delivery, the Client agrees to pay the cost of shipping the order to him, the cost of shipping the order back to the Supplier, plus every additional custom duty, damage and/or interests. The Supplier will not be held responsible for any import duty cost.
5.6. In case the Supplier chooses to, or is requested to, supply a fiscal document (invoice or receipt), the Supplier reserves the right to sending it or making it available in electronic format, and the Client agrees to receiving it in such format.
6. Time and means of delivery
6.1. The Supplier will arrange for delivering the ordered goods through the means selected by the Client and stated on the Website at the moment of confirmation, and as confirmed in the order confirmation email as stated in Section 4.
6.2. The date of shipping out the goods may vary from the same day of order to a maximum of 5 working days after order confirmation. If the Supplier is not able to ship the ordered goods within this timeframe the Client will be promptly warned by email. The Client will then be able to decide whether to wait further or to receive an immediate refund of the total order value, if he already paid for it.
7.1. All prices of goods indicated on the Website www.unotre.com are expressed in euro and constitute offer to the public according to Art. 1336 c.c of the Italian Law.
7.2. The sale prices include IVA (or VAT) and any other tax excluding eventual custom duties which could be due based on the law of the country where such goods are shipped to. Shipping costs, if owed, when not included in the price of goods, will be calculated during the purchase process before checkout and stated in the confirmation page and email.
7.3. The Supplier reserves the right to modify the prices and the availability of the goods before the Client completes his or her order. The Supplier also reserves the right to change, limit or end any special offer or discount on the goods, at any time.
7.4. Any potential additional fee or duty (e.g. custom duties and taxes) will be at the sole expense of the Client. It is a responsibility of the Client before placing an order to inquire on the potential additional costs associated with his or her order. The Supplier will not be held responsible for any additional cost, including duties and import taxes.
8. Availability of goods
8.1. The Supplier ensures the prompt elaboration and carry out of all orders through his Website. For this purpose the Supplier states in real time in his online catalog the availability of products and the time for dispatch of orders.
8.2. If an order exceeds the available quantity in stock, the Supplier will notify the Client via email promptly if the good is not available anymore or if there is any extra waiting time, asking the Client if he or she intends to confirm the order or being refunded.
8.3. The Supplier’s website confirms promptly the receipt of the order from the Client, and forwards to the Client a confirmation via email as stated in Section 4.
9. Limitation of responsibility
9.1. The Supplier is not liable for failure to perform his obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement in such circumstances.
9.2. The Supplier will not be held responsible for damages, losses and incurred costs sustained by the Client for any disservice or malfunctioning connected to the usage of the Internet for causes outside of the Supplier’s control.
9.3. The Supplier will not be held responsible for damages, losses and incurred costs sustained by the Client for failure to perform his obligations for causes outside his control, having the Client the right to be refunded for the integral price of goods paid and any shipping cost.
9.4. The Supplier is not liable for any fraudulent and illicit use that might be done from third parties, of credit cards, cheques and any other mean of payment used for paying the purchased goods, in case he proves he adopted any possible precaution based on the best knowledge of the moment and due diligence.
9.5. In no case the Client will be held responsible for delays or mistakes in payments in case he proves he provided payment in the times and with the means stated by the Supplier.
10. Defects responsibility, proof of damage and reparation: Supplier duties
10.1. For articles 114 and following of the Italian Law Codice del Consumo, the Supplier is responsible for the damages caused by defects of the supplied goods if he fails to transmit to the damaged party the identity and the location of the manufacturer, or of the person that supplied the goods, within 3 months from the request of such information.
10.2. Such request from the damaged party must be submitted in writing and must state the good that caused the damage, the place and time of purchase.
10.3. The Supplier will not be held responsible for the consequences deriving from a defective product if the defect is referred to the compliance of the product, to a giuridical norm, to a binding measure, or if the state of the scientific and technical evidence in the moment when the Supplier provided the goods still did not allow to be aware or to suspect that the product was defective.
10.4. No reparation will be owed if the damaged party was aware of the defect of the product and of the danger deriving from it and nonetheless has willingly subjected to it.
10.5. In any case the damaged party will have to prove the defect, the damage and the causal connection between defect and damage.
11. Warranties and means of assistance
11.1. The Supplier has to answer for every defect of compliance that arises in the 2 years after the purchase of the goods.
11.2. To the extent of this agreement it is presumed that the consumer goods are in compliance to the agreement if any of the following, where applicable, is true: a) they are suitable for the use for which usually goods of the same type are used for; b) they are compliant to the description given by the Supplier; c) they have the same quality and performance usually found in goods of the same type, that the Client can reasonably expect, taking into account the nature of the goods and the public declarations about its specifical characteristic given by the Supplier, the manufacturer or his agent or representative, particularly in advertising or packaging and labeling; d) they are compliant to the particular use wanted by the Client and brought to the knowledge of the Supplier before confirming the agreement and that the Supplier agreed upon, even with its tacit approval.
11.3. The Client loses any right whether he or she should fail to notify the Supplier of the conformity defect within 2 months from the date when the defect was first discovered. The notification is not needed if the Supplier has acknowledged the existence of the defect or has hidden it.
11.4. In any case, until proven otherwise, it is presumed that the conformity defects that are manifested within 6 months from the delivery of the goods were already present in that date, unless the hypothesis is not compatible with the nature of the goods or with the nature of the defect.
11.5. In case of conformity defects, the Client will be able to ask for, alternatively and without charges, the restoration or replacement of the purchased good, a reduction on the purchase price or the resolution of the present agreement, unless the request is not objectively impossible to fulfill or exceedingly costly for the Supplier according to the article 130 comma 4 of the Italian Law Codice del Consumo.
11.6. Such request must be submitted in writing to the Supplier, who will communicate the will to carry on the request or the reasons impeding him from doing so, within 7 days from reception. In the same answer, if the Supplier has agreed on the request from the Client, he will have to state the means of shipping or delivery of the goods and the terms for replacing or repairing the damaged goods.
11.7. If the restoration or replacement is impossible or exceedingly costly, or the Supplier has not provided for the restoration or the replacement within the date stated before, or the restoration or replacement have caused notable inconvenience to the Client, the Client will be able to ask for, at his or her choice, a congruous reduction of price or the resolution of the agreement. The Client will have to communicate his request to the Supplier, who will have to communicate the will to carry on the request or the reasons impeding him from doing so, within 7 days from reception. In the same answer, if the Supplier has agreed on the request from the Client, he will have to state the price reduction proposed or the means of shipping or delivery of the defetcive goods. In such cases it will be responsibility of the Client to state the preferred means of refund to the Supplier.
12. Client’s obligations
12.1. The Client agrees on paying the price of purchased goods according to the terms and means stated in the agreement.
12.2. The Client agrees on printing and keeping the present agreement once the online purchasing procedure is completed.
12.3. The Client expressely states he or she is making the purchase for purposes not connected to a commercial or professional activity he or she might conduct.
12.4. The informations contained in this agreement have been already examined and agreed upon by the Client, who akcnowledges it, since this passage is required before the order confirmation.
13. Returns and exchanges
13.1. According to Italian Law articles 64 and following of the D.Lgs. n. 206/2005, if the Client is a consumer (that is, a person who purchases the goods for purposes not connected to a commercial or professional activity he or she might conduct, that is he or she does not state a VAT number in the order procedure) he or she has the right to withdraw from the purchase agreement for any reason, with no charges excluding what is stated in the following clauses, particularly 13.5.
13.2. If the Supplier has not fulfilled his duties of informing about the existence, the process and terms of exercising the right of withdrawal as stated in article 52 of Codice del Consumo, the term for using such right is stated in 12 (twelve) months since the end of the initial 14 days period and starts from the day of delivery of the goods to the Client.
13.3. If the Client decides to return the goods he will have to send an email within 14 days from the delivery of goods to the address [email protected], stating he or she would like to return the goods and:
the article(s) and size(s) he or she intends to return
the original order number
13.4. Once the email is received unotre.com will answer forwarding the return number to be placed on shipping. unotre.com reserves the right to not accept packages and process returns for packages without the return number.
13.5. Returns are subject to the following mandatory conditions:
it is not possible to return only parts of purchased goods (e.g. accessories, parts etc.);
it is not possible to return sealed products (including parts of goods) once they have been opened;
returned goods have to be intact and returned inside its original packaging, intact as well in all its parts (including packaging material, documentation and accessories);
returned goods have to be returned in a normal conservation status, and must not be used: used goods with signs of wear, dirt or general usage will not be considered intact and thus will not be accepted;
shipping costs for returns are at the expense of the Client;
shipments until proof of delivery in our offices are under the complete responsibility of the Client;
in the event of goods being damaged during the transport, unotre.com will notify the Client of the fact within 5 days from the delivery of the goods in its offices, to allow the Client to file a complaint with the shipping company chosen and obtain the refund of the value of the goods, if insured; in this event the goods will made available for the Client to recover, while at the same time canceling the return request;
unotre.com cannot be held responsible for damages, loss or theft of goods during the return shipment;
the goods subject to the return must be shipped within 5 days from the authorization.
13.6. Excluding any expense for restoration of damage to the original packaging, unotre.com will refund the client the entire price of the returned goods within 8 days from receiving the goods, by issuing a refund on the original transaction or through wire transfer.
13.7. The right to return the goods decays if the necessary condition of integrity of the goods (packaging and content) is not met, that is if unotre.com verifies that:
any part of the original packaging is missing;
any integral part of the product is missing (e.g. accessories, manuals, parts) or the product itself has been altered;
the product has been damaged for causes not pertaining to its transport;
the product has been used;
the packaging is damaged and cannot be repaired.
In the case the return cannot be processed for one or more of the above, the Supplier will send the purchased goods back to the Client.
13.8. The Client cannot return goods made to measure or clearly customized or which, for their nature, cannot be shipped back or risk to rapidly deteriorate or alter themselves, goods for which the price is linked to fluctuations in finance rates the Supplier cannot control and in any other case accounted for by article 55 of the Codice del Consumo.
13.9. The only expenses owed by the Client for the return of purchased goods are the costs of shipping or delivering the goods to the Supplier, unless the Supplier decides to cover them.
13.10. Upon the receipt of the notification of the Client’s will to return the goods, the parties are released from the respective duties, except for the provisions in the present section.
13.11. The Supplier can’t exchange products. If the Client wants to exchange a product purchased, he or she will have to return the purchased goods and do a new order. The return will be subject to all the provisions in the present section.
14. Resolution clauses
14.1. 14.1. The obligations accepted by the Client (Section 12), the guarantee of payment by the Client (Section 5), and the fulfillment of the Supplier obligations (Section 6) are essential. The non-fulfillment of any of such obligations, if not fortuitous or determined by force majeure, will cause the resolution of the agreement.
16. Agreement filing
16.1. According to art. 12 d.lgs. 70/2003 of the Italian Law, the Supplier informs the Client that the agreement will be stored digitally on its servers with confidentiality.
17. Communications and claims
17.1. Every written communication or claim addressed to the Supplier will be valid only if sent in written form to the address Cubica Srl, corso Indipendenza 24, 20129 Milan, or via email to the address [email protected] The Client states in the online form his or her billing and shipping address, the phone number and email address where he or she can be contacted.
18. Disputes settlement
18.1. Every dispute related to the present agreement will be grought forward the Camera di Commercio of Milan and solved accordingly to its Rules.
18.2. Whether the parties intend to bring a dispute in front of justice, if the Client is an EU citizen, the competent court will be the one where the Client has legal residence, as stated by art. 33 comma 2 lett. u) d.lgs. 206/2005 of the Italian Law. In other cases, the competent court will be Milan, Italy.
19. Governing law
19.1. This Agreement shall be construed and enforced in accordance with the laws of Italy.
19.2. For anything not explicitly arranged in the present agreement, all laws applicable to the relationships and cases expressed in this agreement are valid, particularly art. 5 of Convenzione di Roma from 1980.
19.3. According to art. 60 d.lgs. 206/2005, hereby is expressly recalled the discipline contained in Parte III, Titolo III, Capo I of d.lgs. 206/2005.
20. Prior agreement
This Agreement supersedes and replaces any and all previous agreements between the parties.