Field of application
The general terms and conditions contained herein (hereinafter: “T&Cs”) are applied to all orders and purchases of house and kitchen tools (hereinafter: “Products”) on the website (hereinafter: “Website”) managed by Ausker s.r.l., with office in Via della Moscova 46/3, 20121 Milano, Italy (hereinafter: “Ausker”), made by subjects residing in countries where the website is or will be active (hereinafter: “Customers”).
The customer must carefully read the T&Cs before making all purchase orders.
With acceptance of the T&Cs and placing of an order, the customer acknowledges that it:
– has read, understood and fully accepted the T&Cs without reserve;
– is a consumer wanting to purchase the Products exclusively for personal use and not for resale within the context of any commercial or business activity of any kind whatsoever;
– authorises Ausker to store, process, use and transfer to third parties and/or abroad, the data (personal) contained in the order for the purpose of fulfilling the same.
Ausker shall take all steps to ensure that the information contained on the website is accurate and up-to-date. However, it is not possible to offer guarantees to this effect. The customer therefore acknowledges and accepts that the Products may not be fully compliant with the indications, specifications and/or photographs on the website.
The sales agreement entered into by Ausker and the customer is understood as finalised once Ausker sends written confirmation of the delivery to the Customer at the email address indicated by the latter on the purchase order.
Ausker shall consider any change requests that it receives prior to shipment of the Products al Customer.
If a specific Product listed on the Customer’s order is no longer in stock, Ausker shall in no way be bound to supply the Product in question, but will only be obliged to inform the customer in advance of said circumstance. If only part of the Products indicated in the order are available, Ausker will contact the Customer to ask if it intends cancelling the order or is willing to receive the available items; in the latter case the Customer will only be charged for the Products it receives.
Ausker reserves the right, at its own discretion, to reduce the amount of Products that can be purchased on the website.
The prices of the Products, expressed in the currency shown in the cart, will always be the ones indicated in the invoice. Ausker will in any case do everything in its power to ensure that the prices indicated on the website are correct and updated.
The shipping and delivery expenses may vary depending on the country and will be charged to the Customer at the time of shipping the Products ordered, based on the shipping rates in force and indicated in the relative section on the website.
Payment must be made by the Customer at the time of confirming the delivery, either by credit card or by one of the other methods indicated in the relative section on the website.
The Products will be shipped to the delivery address indicated on the order by the Customer.
As a general rule, the Products will be shipped within 30 (thirty) days after confirmation of the order by Ausker, nevertheless the delivery times may vary depending on the country of destination. In the case of the delivery being delayed for reasons out of Ausker’s control, if possible, the Customer will be notified of the new delivery date.
Ausker reserves the right at its own discretion to refuse, suspend or cancel the delivery or any of its obligations deriving from the sales agreement in the case of alleged fraud, non-performance or violation by the Customer of its obligations assumed with Ausker in previous orders and/or sales agreements. If the purchased products will require the crossing of customs (depending on the country of destination) and the customer decides not to receive the order once it has arrived at customs, Ausker doesn’t guarantee the reimbursement of the goods which will be abandoned in place.
Right to withdraw
The customer has the right to return the Products purchased on, without any penalty being charged and without need for justification, either within 14 (fourteen) calendar days after receipt by the Customer of the Products in question, or within the term established by the mandatory regulations applicable in the country where the Customer resides, if this is longer.
Upon receipt of the Products by Ausker, the sales agreement shall be cancelled for all purposes and all the relative obligations, rights and claims shall lapse, notwithstanding the fact that if the Products returned to Ausker are damaged, E-volve shall be entitled to compensation for said damages with the payment already made by the Customer for the Products.
Besides everything indicated above, the right to withdraw is subject to the following conditions:
– Within 14 (fourteen) calendar days after the date of receipt of the Products by the Customer, the Customer must contact Ausker’s Customer Service by sending an email to firstname.lastname@example.org – in order to obtain authorisation to proceed with the return (“RMA”);
– After receiving the RMA, the Products must be returned to Ausker, at the Customer’s risk and expense in a single delivery by courier or registered mail 2 (two) days after receipt of the RMA to the following address: Ausker srl, Via della Moscova 46/3, 20121 Milan; should Ausker not receive the returned merchandise, Ausker will request the Customer to provide the proof of delivery: the delivery slip signed by the recipient of the returned package. If the Customer is unable to provide the proof of delivery, Ausker cannot grant the refund of goods.
– The Products that are returned must not be used, worn, or damaged;
– The identifying hang-tags of the Products must still be attached to the same;
– The Products must be returned in their original packaging, together with any accessories or instruction manuals;
– The detachable label found on the original invoice (or invoices if the returns are part of several purchase orders) must be attached to the outside of the package containing the returns.
As soon as Ausker have ascertained that the required conditions for the returns have been met, they will send the Customer an email of confirmation accepting the returns and start the procedure for reimbursing the amount paid for the Products returned within 30 (thirty) days, irrespective of the payment method adopted by the Customer. Reimbursements will only be made to Customers who have made payments previously.
Guarantee and limited liability
Ausker’s guarantee is circumscribed to any apparent defects of the Products – excluding without limitation, any implicit guarantee regarding quality and suitability to this effect for the Customer – for a period of 2 (two)years after delivery of the Products.
The guarantee only gives the right to obtain reimbursement of the amount paid for the defective Products, provided the defect is notified to Ausker within 2 (two) months after being detected.
Besides everything specified above, the right to reimbursement is subject to the following conditions, under penalty of forfeiture of the guarantee:
– Before returning the defective Products to Ausker, the Customer must contact Ausker’s Customer Service by sending an email to email@example.com – in order to obtain authorisation to proceed with the return;
Defective Products will be picked up by Ausker, at his own expense.
Upon receipt of the Product and verification of the alleged defect, Ausker will send the Customer an email of confirmation accepting the return and start the procedure for reimbursing the amount paid for the Products returned within 30 (thirty) days, irrespective of the payment method adopted by the Customer. Reimbursements will only be made to the Customer who made the payment.
With the exception of the aforementioned guarantee, Ausker excludes every and any liability (contractual or tort) regarding the Customer, within the limits of the mandatory applicable regulations..
In the case of one or more clauses in these T&Cs being invalid, voidable, illegal or unenforceable, this will not entail the total ineffectiveness of the T&Cs. The clause in question will be replaced by a similar valid clause that duly takes into account the intention and content of the same in full observance and for the purposes of the current regulations.
These T&Cs are subject to substantive Italian law. Any disputes arising will be settled exclusively by the competent Court of Milan (Italy).