Terms of sale

General Conditions of Sale, in force since 01/01/2023.

INTRODUCTION

This information is provided for the site https://imelpark.com/ (Site).

Seller Data: IMEL PARK Srl Via del Chionso, 14/F 42122 Reggio Emilia Part. I.V.A. IT00239010358 R.E.A. RE 101619 Cap. sociale € 103.200,00 P.E.C. imel_parksrl@legalmail.it (SellerorVendor).

Art. 1 Scope

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 Sales on the Site are reserved for those who have the status of "Professional", pursuant to Article 3, paragraph I, letter c) of the Consumer Code. The Professional is the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary.

1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as indicative only. The colors may differ from the real ones due to the settings of the computer systems or computers you use to view them. 

1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.6 The present General Sale Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. 

1.7 Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale. 

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties. 

1.9 The Seller does not control and/or monitor the websites that can be consulted through such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by the same.

1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.

1.11 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of or inability to use the Site. Seller makes no warranty or representation that: (i) the Site is free of viruses or programs that may damage data; (ii) the information contained on the Site is accurate, complete and current. 

1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.13 The entirety of any element of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, you may not reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site. 

Art. 2 Purchases on the Site

2.1 In order to make purchases on the Site it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the server of the Seller.

2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site. 

2.3 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 In order to place orders on the Site it In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by checking the relevant box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site..

2.6 On the Site: (i) No alcoholic products are sold; (ii) no adult products are sold; (iii) {prodotti-alimentari}

2.7 After the purchase on the Site You will receive an order confirmation email. The order confirmation email shall contain at least the following information: (i) Seller's data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional cost; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.

2.8 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the colour of the Product differs from that expected by the user. Users are invited to contact the Seller in case of doubts on the colour of one or more Products on the Site.

Art. 3 Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

3.2 On the Site information on Product availability is available. The availability of Products is continuously monitored and updated. However, since the Site may be visited by several users at the same time, it may happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, but it may be out of stock or not immediately available and it may be necessary to wait for restocking.

3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. However, please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:

• If a restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance of the user.

3.4 If a refund is requested for the amount paid for the purchase of Products which are subsequently found to be unavailable, the Seller shall make the refund within a maximum period of15 days. 

3.5 If you exercise your right to terminate the contract, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.

Art. 4 Prices

4.1 On this Site all prices do not include VAT.

4.2 Moreover, on the Site prices do not include the WEEE contribution as Products not subject to the relative discipline are sold.

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (upwards or downwards) following the transmission of the same.

4.4 Shipping costs are your responsibility, unless otherwise stated.

4.5 The Seller will send the Products only after having received confirmation of the payment authorisation or the crediting of the Total Amount Due. Ownership of the Products will be transferred upon payment. 

4.6 The purchase contract shall be terminated if you fail to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this scenario, the customer has the option of accepting the new price or cancelling the purchase contract. The Seller may also cancel the Product purchase agreement in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Article 5 Methods of payment

5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the "Payments" section on the Site. The user can access this section directly from the footer of the Site. On the Site you may purchase using the payment methods described in this article.

5.2 You may purchase via payment cards on the Site. The charge will be made only after (i) the data of Your payment card used for the payment have been verified and (ii) the issuer of the payment card used by You has issued the authorization to charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Site during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

• Visa.
• MasterCard.

5.3 On the Site it is possible to pay by bank transfer. the bank details are communicated by email after the order has been placed. In the event of non-payment within 3 days of placing the purchase order, the Seller reserves the right to cancel the order.

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 It is possible to purchase via a discount code on the site. If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. In no case can the vouchers be converted into money.

5.6 Any alternative methods other than the above are or will be described in this article.

• On the Site you can make purchases through the payment solution PayPal. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.

Art. 6 Delivery of Products

6.1 The delivery of the Products is carried out in: Europe. The user can read more information by accessing the "Shipping" section on the Site. The user can access this section directly from the footer of the Site. In the event of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipments, the latter section shall prevail.

6.2 The delivery obligation is fulfilled by the transfer to you of the material availability or control of the Product.

6.3 Delivery time of the Products from the sending of the order:10 days.

6.4 The term indicated in Article 6.3 is to be understood as indicative and not peremptory. It is up to the Purchaser to check the condition of the Product delivered. The Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials, and you are invited, in your interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. 

6.5 With reference to the possibility of requesting delivery of the Products at a "collection point", the Seller informs you thatThe Site does not offer you the option of collecting the Product from a "pick-up point" other than the address you provided during the purchase process. You are nevertheless invited to access the Site regularly to check whether this delivery option is subsequently made available on the Site.

6.6 The user acknowledges that collecting the Product is his specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to claim compensation for any damage suffered as a result of the failure to collect the Product.

6.6 {consegna-negozio}

Art. 7 Right of withdrawal

7.1 There is no right of withdrawal for the purchase of Products on the Site. In fact, the Purchaser is acting as a Professional, for whom the law does not provide a right of withdrawal.

Art. 8 Legal Warranty of Conformity

8.1 The Legal Guarantee of Conformity is governed by the provisions of Article 1490 of the Civil Code. Therefore, the Seller is obliged to guarantee that the thing sold is free from defects that make it unsuitable for the use for which it is intended or diminish its value appreciably.

8.2 No warranty shall be due if at the time of the contract the Purchaser knew of the defects in the item; likewise, no warranty shall be due if the defects were easily recognisable, unless, in this case, the Seller has declared that the item was free of defects.

8.3 If there are defects, the Buyer may, at its choice, demand rescission of the contract or reduction of the price, unless, for certain defects, custom excludes rescission. The choice is irrevocable when it is made with the court demand. If the delivered item has perished as a result of defects, the purchaser is entitled to rescission of the agreement; if, on the other hand, it has perished as a result of accident or fault on the part of the purchaser, or if the purchaser has sold or processed it, the purchaser may only demand a price reduction.

8.4 The Buyer forfeits the right to the guarantee if he does not report the defects to the Seller within eight days of their discovery, unless the parties or the law stipulate a different period. Notification shall not be required if the Seller has acknowledged the existence of the defect or concealed it. The action shall, in any case, be time-barred within one year after delivery; however, the Buyer, who is called upon to perform the contract, may always assert the guarantee, provided the defect in the item has been reported within eight days after discovery and before the expiry of one year after delivery.

8.5 The Seller shall not be liable in the event of damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer's instructions, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity eventually provided by the Seller on the Products. Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You may enforce this warranty only against the manufacturer. The duration, extension, including territorial extension, the conditions and methods of use, the types of damage/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 Any dispute relating to the application, execution and interpretation of this document shall be settled by the Court where the Seller has its registered office, pursuant to the provisions set forth in the Preamble.

Art. 11 Customer Service

11.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form eventually present on the Site.

11.2 The Seller shall respond in an approximate time of 2 days.

Art. 12 Miscellaneous

12.1 This document fully governs the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are not affected.