CONTRACT OF SALE
SIMBA SRL SU with registered office in Corso Buenos Aires, 79 – 20124 Milan (MI). Tax Code and VAT number IT02476130188. Telephone: +39 0382 968152, mail: firstname.lastname@example.org and PEC: email@example.com, is the owner of the website www.simbashopping.com.
The contract stipulated between Simbashopping and the Customer must be considered concluded with acceptance. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
SHIPPING OF ORDERS
Following the Order confirmation sent to the e-mail address indicated, the Customer can follow the delivery of his Order online. To receive information on shipments, you can also contact us by email, by replying directly to the order confirmation email.
The deliveries of the Products are made in the territory of the European Union. The order is concluded by transferring the product (s) to the Customer.
Delivery costs are free, while shipping times are indicated on the page of each product. Shipping terms start from receipt of payment.
It is possible to check the shipment through the online tracking which will show the day of delivery, if the customer is absent the courier will contact him to make another delivery attempt.
We are not responsible for any delays caused by the courier. In the event that the Customer is a Consumer, he has the right to exercise the withdrawal under the terms and general conditions of sale.
The customer cannot choose the type of courier.
In the event that the Customer is a Consumer, art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods.
ATTENTION: As soon as you receive the goods, please check the aesthetics of the boxes and if you find any broken and / or damaged, you must write on the invoice “you receive n ° x broken packages and the anomaly found”, the missing wording on the invoice it will not allow us to replace the disputed package (s) free of charge. If it is not possible to view the packages, because for example they are received in a wooden crate or are apparently perfect, you must still write ‘I accept subject to control’ on the delivery note or on the courier’s slip. If the pallet it receives has all the perfect packages (which must be demonstrated by sending photographic documentation), but after opening the boxes, any breakage is found, this complaint must be made on the same day in which it receives the goods via email to firstname.lastname@example.org. Also in this case it is imperative to sign subject to control in order to open an insurance practice.
We do not provide the installation service of our products, which must be carried out by the customer, in the case of shipments of spare parts the installation will always be carried out by a technician appointed by the end user.
METHOD OF PURCHASE
The Customer can purchase the products through the website www.simbashopping.com. Correct receipt of the order is confirmed by Simbashopping by an e-mail reply, sent to the e-mail address supplied by the Customer.
It is understood that the image accompanying the description of a product may not be fully representative of its characteristics but differ in color, accessory products shown in the figure, the description or data sheet of each individual product is authentic.
ORDER CANCELLATION POLICY
The Customer can cancel the order within 24 hours only by e-mail from the customer service email@example.com; Refunds will be made on the payment solution used initially by the customer. All refunds must be authorized by our staff.
No cancellation of the order will be accepted after this time (24 hours), and in any case any shipping costs will be deducted from the refund amount of the order.
RIGHT OF WITHDRAWAL
Simbashopping provides all the necessary fundamental guarantees for online purchases.
Pursuant to art. 52 ss DL 206/05, if the customer is a consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), has the right to withdraw from the purchase contract for any reason.
To exercise this right, the customer must send Simbashopping a communication to that effect via email firstname.lastname@example.org or PEC email@example.com within 14 days from the date of receipt of the goods.
The return of the products must take place within 14 days from the notice of withdrawal (art.57 C.d.C.).
Art. 57 C.d.C. establishes that “The consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods”:
The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and packaging), kept and absolutely sealed. The right of withdrawal cannot be applied to custom-made or non-catalog products, made specifically for individual requests pursuant to and within the limits set out in Legislative Decree 6 September 2005 n. 206, in article 59 paragraph 2 letter d).
The right of withdrawal is however subject to the following conditions:
- applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (eg: accessories, etc …). The purchased good must be intact, never used and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, screws, etc …); the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer; in case of damage to the goods during transport, Simbashopping will notify the customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the asset (if insured); in this case, it will be by canceling the withdrawal request;
Without prejudice to any repair costs for damage to the original packaging, Simbashopping will refund the customer the full amount paid in the payment method used when placing the order. Pursuant to art. 56 C.d.C. the reimbursement times are 14 days starting from the receipt of the notice of withdrawal, the reimbursement could be withheld beyond 14 days only until the Consumer proves that he has returned the goods or until they have been received.
The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where Simbashopping ascertains: the use of the goods; the lack of the external packaging and / or the original internal packaging; the absence of integral elements of the product (accessories, knobs, screws, …); damage to the product for reasons other than its transport. In case of forfeiture of the right of withdrawal, the goods will remain at the Simbashopping headquarters, available to the Customer for collection at his expense.
Example of withdrawal form: If you intend to withdraw from the contract, please fill in the following form and return it to us by e-mail: firstname.lastname@example.org.
With this document I wish to withdraw from the contract stipulated with me in relation to the purchase of the following goods (of the following goods): _________________________________
Indicate the ordered goods (ordered goods), subject to the exercise of the right of withdrawal.
Total price of the goods (goods): _________Order number _________of: _________. Receipt on: ___ ____Your address: ___________________ (Name and Surname) _________________________________
(Street) _________________________________ (ZIP Code Place) Date: ______ ____________
CONFORMITY AND WARRANTY
The responsibility for transport is borne by Simba Srl SU, which in the event of damage to the product occurring during transport, will claim against the courier.
The Customer must check the conditions of the products delivered to him, assuming the risk of non-delivery or damage to the products ordered, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and different from carrier, materially comes into possession of such products.
Upon delivery, the customer must check that the packaging is intact, not damaged, not punctured or open. Any damage must be immediately reported to the courier making the delivery (accepting the goods with a reservation of checks to be written in the courier’s transport document or on the handheld: Eg: “box with holes in it, open box, damaged box”)
In the event that the product is damaged during transport, the Customer must notify it by e-mail email@example.com within 24 hours with photographic documentation.
Pursuant to 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 reduction in the price or to terminate the contract. The Consumer may ask the Seller, at his choice, to repair the good or replace it, at no cost in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
In the event that the package shows evident signs of tampering or alteration, the Customer is also recommended to promptly notify the Customer Service at the e-mail address firstname.lastname@example.org.
The guarantee of legal conformity of the goods, provided for by articles 128 ff. of the Consumer Code, is equal to 24 months: specifically, the Seller is responsible, 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 (Article 132 of the Consumer Code).
The Consumer’s request aimed at asserting the guarantee of conformity of the products must be communicated to the Seller by contacting the Customer Service by e-mail email@example.com.
All the photos on our site are to be considered indicative, slight variations in color or tone are possible as they are images from the catalog.
- Credit Card: through STRIPE.
- PayPal: The method of payment via PayPal requires the use of a PayPal account. More information on this payment method is available on the PayPal website.
The personal data requested when placing the order are collected and processed in order to meet the express requests of the Customer and will in no case and for no reason be transferred to third parties. Simbashopping guarantees its customers compliance with the legislation on the processing of personal data, governed by the European regulation 679/2016 GDPR.
The data controller is SIMBA SRL SU with registered office in Corso Buenos Aires, 79 – 20124 Milan (MI). Tax Code and VAT number 02476130188. Telephone: +39 0382 968152, mail: firstname.lastname@example.org and PEC: email@example.com.
Last update: January 2021