Terms of service

General supply conditions of online sale

of the Site: https://shop.semmstore.com

Version 1.0 – August 2021

BETWEEN

- Nickname Snc di Silvi e Piazzi, registered office in via Turati n. 1, 40064 – Ozzano dell'Emilia (BO), VAT number 02742231208, tel. +39051225425, email info@semmstore.com, (from now on "MENTION")

AND

- l’User, an adult, requesting the products sold by SEMM, as offered to the public on the website https://shop.semmstore.com;

(from now on "User”)


PREMISE:

  1. SEMM is an Internet-based company that owns a website under the domain name https://shop.semmstore.com (hereinafter also referred to as "the Site"), in which it makes available to the public a service for the sale of products to the public, including: audiovisual supports and phonograms, merchandising, clothing, gadgets, etc.
  2. For the performance of the services in question, SEMM provides the User with a telematic system that can be activated using a special form on the Site, which includes logic devices and contractual relationship management software, useful, by way of example but not limited to, to be able to place orders for physical products which will subsequently be sent to the User who places a purchase order.
  3. These contract conditions therefore represent the general conditions applied to all direct sales services of physical goods (hereinafter "Products”) on the Site.
  4. The feasibility of the envisaged operations is conditional on correct use, by the User, of the Internet, of the computers and of the software involved.
  5. SEMM is the owner or has acquired all the rights and authorizations necessary for the sale of the Products to the public.
  6. The User declares to be of age as well as in full possession and exercise of the rights established by law as necessary for the stipulation of this contract, such as for example the ability to understand and want and the legal capacity to act.

 

YOU AGREE AND UNDERTAKE AS FOLLOWS

 

ART. 1 – EFFECTIVENESS OF THE PREMISE, THE ANNEXES, THE PRIVACY POLICY

1.1 The premises, the contractual Annexes and the privacy information form an integral part of the Contract like the other clauses.

 

ART. 2 – DEFINITIONS

2.1 For the purposes of the Contract, the Parties agree and declare to assign to the terms indicated below the meaning individually specified for each of them:

  • Consumer: the User who acts for purposes not related to any business or professional activity carried out.
  • Contract: this agreement entered into between the User and SEMM.
  • Registration data: User data entered to complete the registration forms contained on the Site, for the purpose of gaining access to the Site's services.
  • Order: the specific order of Products purchased at the same time by the User through the Site, as confirmed by the User before sending it electronically to SEMM.
  • Products: all tangible assets offered for sale to the public by SEMM through the Site, as presented in the relevant online product sheets.
  • Made: the procedure (e.g. following withdrawal from the Order) for the return, refund or reduction of the price of the Product by the User.
  • Site: The website registered under the domain name https://shop.semmstore.com referred to in the introduction and adopted by SEMM for the sale of the Products to the public.
  • Registered user: User who accesses the Site, identified by means of unique password It is user ID conferred with the previous registration procedure, for the effect of having the right to place orders for the Products as indicated in the Contract.
  • User: the User of legal age, registered on the Site and placing an Order through the Site.

 

ART. 3 – AUTHENTICATION CREDENTIALS. USER CONDUCT

3.1 The access credentials to the services covered by the Contract and the related Annexes are assigned to the User at the time of his online registration through a specific form on the Site, confirmed by the registration e-mail and composed of: (a) an identification code corresponding to the e-mail address and (b) a password of recognition of up to 6 alphanumeric characters, chosen as desired by the User. The e-mail address and the password defined at the time of registration can be modified by the User at any time and without limitation. The form registration includes a series of mandatory information (indicated below with "*") and optional, namely: name*, surname*, date of birth, email*, mobile telephone number, shipping address, billing address, recipient code ( electronic invoicing), VAT number, tax code, PEC (electronic invoicing).

3.2 The services offered by SEMM are personal in nature, therefore the User has assumed the obligation to diligently keep said credentials, not to communicate or transfer them to third parties and to keep them confidential, in order to prevent unauthorized access; in the event that, for any reason, including the hypothesis of theft, the credentials should become known to third parties, the User is obliged to immediately inform SEMM, so that he can replace them. In the event that the User is no longer able to access the Site by entering their registration data, or is no longer able to change their password, they must immediately communicate the problem using the contact information on the Site.

3.3 The User assumes personal responsibility for the data declared in the fields of form of registration and the consequences that may arise from false declarations. In case of non-correspondence to the truth of what was declared by the User in the form registration, SEMM reserves the right not to enable or disable access to the Site and the related services of the User, without any obligation to give notice or justification and without prejudice to the right to adopt the appropriate legal measures in the case.

3.4 All data provided by Buyers through the Site will be processed by SEMM in accordance with what is indicated on the page called "Privacy”, present on the Site.

3.5 It is forbidden for the User to provide SEMM with false and/or fictitious and/or third party data, in the registration procedure necessary to activate the procedure for the execution of the Contract and the related further communications. It is also expressly forbidden for the User to make multiple registrations corresponding to the same person or to register third party data. The User indemnifies SEMM from any liability deriving from errors or falsehoods regarding the data provided, being the User himself solely responsible for the correct insertion.

 

ART. 4 – CONCLUSION OF THE CONTRACT ONLINE – MODIFICATION OF THE CONTRACT

4.1 The User who has obtained the authentication credentials as indicated in art. 3 may have access to the sales services offered to the public by the Site; if he has not registered, he will be considered an unregistered User and will still be able to place Orders.

4.2 Through the Site, the User can place the Order of the Products through a special order form online. The Order will be considered as an essential attachment to the Contract, with equal effectiveness. The registered User will then be able to enter his own reserved area and have access to all the available options, such as for example: Order history, Order status.

4.3 The User will therefore complete the aforementioned Order by following the instructions on the screen, in addition to what is described in the appropriate area of the Site. In particular, the Order procedure guarantees the User to be able to verify, at any time prior to confirmation of the same, the correctness and completeness of the data entered (as well as the technical means made available for any corrections), in addition to the technical phases to be followed for the stipulation of the same.

4.4 The Contract entered into between SEMM and the User must be considered concluded when the order sent by the User - in compliance with the purchase procedure indicated on the Site in a specific area - reaches the electronic address of the Site. The order sent by The User will be binding on SEMM only if the entire purchase procedure has been completed regularly and correctly, without any highlighting of error messages from the Site.

4.5 By forwarding the order to SEMM, the User acknowledges and declares that he has read all the information provided during the purchase procedure and accepts this Contract in full, including the attachments.

4.6 SEMM reserves the right to modify these Contract conditions at any time by communicating them through general notices to users published on the Site. To make the aforementioned modifications fully binding, they will be considered accepted by the User and fully binding on him only if the latter accepts them through the Site, at the first login made. On the other hand, the previous conditions of the Contract will remain in force as regards orders placed in accordance with them.

 

ART. 5 - ONLINE PURCHASE METHOD

5.1 The User can only purchase the Products present in the Site catalog at the time the Order is forwarded, as described in the relative technical-information sheets. The Order cannot be made in relation to Products which, although present in the Site catalog, are indicated as unavailable. The image accompanying the description of a Product is purely indicative and may not be perfectly representative of its characteristics, but may differ in colour, size, accessory elements present in the figure. The technical support information must be understood as simple indicative informative material, unless otherwise specified.

5.2 Correct receipt of the Order is confirmed by SEMM by means of a communication via e-mail, sent to the e-mail address indicated by the User when registering on the Site. The confirmation communication will contain the identification number, the date and the time of placing the order, the indication of the products purchased, the relative price, the delivery costs, the data provided by the User for invoicing and for delivery, the payment method chosen by the User and a summary of the general conditions of sale. The User must immediately check the content of the communication and immediately report any errors or omissions to SEMM.

 

ART. 6 – ONLINE ORDERS

6.1       The Order can only be validly signed by the User who has accepted this Contract. The signing of each individual Order will be considered as a single Attachment to the Contract, with equal effect. It is understood that each event relating to a single Order (by way of example, resolution, withdrawal, modification, etc.) will be effective - unless otherwise indicated by SEMM - only with regard to the same Order, without effect for the general validity of this Framework Contract previously stipulated.

6.2       Each Order will be considered concluded at the end of the selection and insertion of the data requested in the form on the Site, after confirming the data requested in the summary screen (including the possibility of correcting and modifying what is indicated), selecting the confirmation ticks with a specific click (including the processing of personal data according to the Policy) and finally by clicking on the acceptance button "CONFIRM AND PROCEED WITH PAYMENT" or similar statement of acceptance, as a form of manifestation of consent. If this acceptance is successful, an Order confirmation screen will appear, including a summary of the conditions accepted. A confirmation email will also be sent to the User, summarizing the accepted Order.

6.3       The Order form available on the screen before acceptance contains a summary of the information on the characteristics of each product ordered and its price, the payment methods that can be used to purchase it and the delivery methods for the products purchased, the any expenses and applicable tax items, the conditions for exercising the right of withdrawal if applicable.

6.4       The above is better specified, also in its detailed methods of exercise, in the FAQ menu of the Site, to be considered an integral part of the Contract.

 

ART. 6bis - OTHER FORMS OF ORDER

6bis.1 The User may also place orders via email or social media, all confirmed by a specific e-mail from SEMM with a summary of what has been done.

 

ART. 7 - CONSIDERATION

7.1 The mere registration on the Site and obtaining the authentication credentials considered in themselves do not involve any payment from the User.

7.2 The prices of the Products that can be purchased by the User through the Site are clearly indicated on the Site itself and are inclusive of VAT and any other applicable tax, also specified, representing an offer to the public pursuant to art. 1336 of the civil code The shipping cost must be added to the price of the Products (always indicated on the Site on a specific page), the amount of which varies according to the delivery method requested in the order.

7.3 The data relating to the price and availability of the Products shown on the Site are subject to change without notice, so the User is invited to double-check this data before placing any Order.

7.4 The purchase consideration, given by the price of the Products (including tax items) and shipping costs, will be analytically indicated in the draft Order to the User, before he confirms and proceeds, so as to allow verification and any modification by the same. The consideration will be paid to SEMM using the method chosen by the User at the time of the Order, if there are more types available; in any case, payment by credit card is accepted as the basic method.

 

ART. 8 - PAYMENT METHODS

8.1 Payment by CREDIT CARD, PAYPAL, BANK TRANSFER is permitted (the only forms of payment currently permitted, for the issuers specified and updated on the Site).

8.2 In cases of purchase of Products with credit card payment methods, together with the conclusion of the online transaction, the relative company issuing the card will debit the amount relating to the purchase made.

8.3 SEMM assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, cardholder name, password, etc.).

 

ART. 9 – INFORMATION ON THE RIGHT OF WITHDRAWAL. WITHDRAWAL OF REGISTRATION. EXPRESS TERMINATION OF AGREEMENT

9.1 The User who is a natural person and who enters into the Contract with the status of Consumer pursuant to art. 3 of Legislative Decree 206/2005 (i.e. whoever acts for purposes not related to any entrepreneurial or professional activity carried out) has the legal right to exercise - without any obligation to state reasons and without any penalty - the withdrawal no later than 14 (fourteen) working days from the delivery of the Product. It might be used the withdrawal form (completed and sent in accordance with the relevant instructions) provided on the Site in the specific area, in electronic format. The return costs are borne by the User, as better specified in the withdrawal form.

This User also has a right of return for lack of conformity, as better indicated in the following art. 11 as regards the legal guarantee.

It is not possible, pursuant to the Consumer Code (art, 59), in various cases, to exercise the withdrawal, e.g. the supply of sealed audio or video recordings or sealed computer software which has been opened after delivery.

9.2 Regardless of the aforementioned right of withdrawal provided for by law, the registered User always has the right to cancel his/her eventual registration with account on the Site, by sending an e-mail with the header "Request for cancellation”, without any need for motivation. SEMM will eliminate the User's data from its user database, under the conditions established pursuant toprivacy disclaimer. The cancellation request cannot in any case be considered a withdrawal from any Orders or requests for Products previously made by/for SEMM.

9.3 SEMM may terminate this and any other consequent contract with the User (e.g. individual Orders) pursuant to and by effect of art. 1456 code civ., in case of non-compliance by the User with the provisions of articles 3 and/or 6bis and/or 12 of the Contract, without prejudice to SEMM's rights to the payment of the fees accrued in its favor on the date of termination and to any compensation for damages suffered.

CHECK FOR PRODUCT DEFECTS

 

ART. 10 - RESPONSIBILITY DI SEMM

10.1 SEMM declines all responsibility for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access or alteration of any communication made by users (registered or not), as well as in relation to any technical problem or inconvenience of telephone networks or lines, on-line computer systems, server, computer equipment, software, e-mail or playback software errors due to technical problems or high Internet traffic of the Site services or a combination thereof. In particular, SEMM assumes no responsibility for any fraudulent or illegal use by third parties of credit cards and other means of payment, if it demonstrates that it has taken all possible precautions based on ordinary diligence.

10.2 The Site Services are provided "as they are”, or according to technical availability; SEMM does not guarantee its continuous, safe, error-free or interruption-free supply; SEMM cannot guarantee or promise the achievement of specific results following the use of the Services or Products, in addition to what is agreed in the Contract.

10.3 The fulfillment of the aforementioned right of withdrawal is always subject to adequate verification by SEMM regarding the integrity and functional status of the returned Product.

 

ART. 11 - LEGAL GUARANTEE AND ASSISTANCE

11.1 All Products sold by SEMM are covered in any case, for the User who is "consumer"(i.e. a natural person who purchases the goods for purposes unrelated to any business or professional activity carried out, making the purchase through the Site without indicating a VAT number reference in the order form), from the legal guarantee for lack of conformity , pursuant to articles 128-135 Legislative Decree 206/2005. To use the warranty assistance, the User must keep the invoice he will receive upon delivery of the Products.

11.2 The legal guarantee in favor of the consumer User covers conformity defects, existing at the time of delivery of the goods, which have occurred within two years of delivery of the goods. The action against the seller is prescribed in any case within 2 (two) years from the delivery of the goods. In the event of a lack of conformity, the consumer User 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 termination of the contract, according to the provisions of art. 130 Legislative Decree no. 206/2005. The User must submit a specific return request under the legal guarantee, also in digital format with electronic transmission of the return form for lack of conformity available on the SEMM website, in which to request the elimination of the lack of conformity, by sending it to the contact details of SEMM. Upon receipt of the communication, SEMM will contact the User to communicate the methods for returning the Products. SEMM will send its own carrier to collect the Products at no additional cost to the User. The Products must be returned by the User, possibly in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). In all cases, the affixing of labels or adhesive tapes directly to the original packaging of the Products must be avoided. Once the Products returned by the User have been checked, SEMM will replace or repair them and proceed with the shipment of the amended/replaced Products, except for the provisions of art. 130 Legislative Decree 206/2005. If, following receipt, SEMM ascertains that the reported defect does not objectively integrate a lack of conformity pursuant to art. 128 ff. Legislative Decree 206/2005, the User will be charged for any verification and recovery costs, as well as transport costs, if incurred by SEMM.

11.3 The same guarantee and the annexed procedures referred to in the previous articles 11.1-11.2 are recognized by SEMM also in favor of non-consumer Buyers, who will therefore enjoy a conventional guarantee (not already "legal") under the same conditions and terms.

11.4 In the case of the sale of used goods, the duration of this legal guarantee for lack of conformity is limited to one year from delivery. Furthermore, the guarantee is applied taking into account the time of previous use, limited to defects not deriving from normal use of the goods.

11.5 The fulfillment of the aforementioned right of return is always subject to adequate verification by SEMM regarding the compliance of what was declared by the User with the legal and contractual conditions for its exercise.

 

ART. 12 – DELIVERY, BILLING, EXPENSES AND SHIPPING

12.1 SEMM, for all the Products offered for sale through the Site, accepts Orders with delivery to be made all over the world.

12.2 For each Order placed by the User through the Site, SEMM issues an invoice for the Products shipped, sending it by e-mail to the holder of the Order. For the issuance of the invoice, the information provided by the User at the time of the order is valid. No change in the invoice will be possible after its issuance. If an electronic invoice is due, on the User's instructions, SEMM will draw it up and send it through the procedures (including the SDI) provided for by the applicable law.

12.3 The delivery costs are borne by the User, to the extent indicated in the acknowledgment of receipt of the Order and in advance on the Site in a specific area. Payment for the Products by the User will take place using the method chosen when placing the Order.

12.4 For the delivery of the Products, the presence of the User or his representative is required at the address of the recipient indicated in the Order. Upon delivery of the Products, the User is required to check: i) that the number of packages delivered corresponds to what is indicated on the transport document (so-called "DDT"); ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately reported, placing a written control reservation on the proof of delivery of the postal service. Once the postal service document has been signed, the User will not be able to make any objection regarding the external characteristics of what has been delivered.

12.5 Without prejudice to the general maximum term of 14 (fourteen) working days from receipt of the Order for the Italian territory, the times established for the delivery of the Products must be considered indicative and will be specified on a case-by-case basis in the Order, depending on the conditions of the carrier from time to time adopted. For foreign countries, the term is given by the carrier who, on a case-by-case basis, will be able to guarantee its timing, indicated in the Order. There is no telephone notice to the User. If there is closure of the company or other impossibility to deliver the Products within the times indicated, the User will be alerted via a specific notice on the online screen on the Site before completing the Order. In the event of non-delivery or delivery, each carrier will adopt its own policy of conduct in this regard, to be verified by the User on a case-by-case basis.

 

ART. 13 - RIGHTS ON THE SITE AND THIRD PARTY SITES/APPS

13.1 The Site (meaning, by way of example, graphic elements, design elements, trademarks, intellectual property of various types) is protected by the applicable laws on copyright, trademarks, patents and other property rights, as well as by other laws applicable.

13.2 The owner of the Site makes available to the public (in interactive form on demand) the Site itself and its contents, furthermore with the present regulation grants the User a limited license for the reproduction and display of the pages of the same Site (with the exclusion of any code software), exclusively for personal use and the use of the related services, including the sale of the Products; therefore any different and additional right to those indicated in the articles of the Contract is to be considered excluded with respect to the User.

13.3 The Site may contain links to third party websites/applications. SEMM does not exercise any control over them and, therefore, is in no way responsible for the contents or activities of such third parties, even if they were to provide services through the Site (unless otherwise indicated to the user). In these cases, the general conditions for the use of the websites or applications prepared by third parties will apply to the individual services, with respect to which SEMM assumes no responsibility.

 

ART. 14 - COMMUNICATIONS

14.1 All communications from SEMM to the User will be made - at the sole discretion of SEMM - by e-mail, ordinary mail or by telephone to the contact details provided by the User during the Registration Procedure, unless otherwise indicated in the Contract.

14.2 All communications from the User to SEMM must be made exclusively by e-mail to the following address: semm@semmstore.com, except as otherwise indicated in the Agreement.

 

ART. 15 - TECHNICAL REQUIREMENTS OF THE USER

15.1 Before proceeding with each Purchase Order, the User must verify that their electronic and telematic tools, which will be used as described in the fulfillment of the request, present the minimum necessary requirements (software and hardware) for their correct use . The minimum technical requirements are indicated on the Website, on a specific page.

15.2 SEMM assumes no responsibility for failure or incorrect use deriving from the lack of the prescribed minimum requirements.

 

ART. 16 – LAW APPLICABLE TO THE CONTRACT AND RESOLUTION OF DISPUTES

16.1 The parties expressly agree that they intend to apply to the Contract, as well as to all the relationships governed by it, arising from, deriving from or in any case connected, also with reference to the execution, termination, termination, withdrawal, the substantive and procedural Italian law.

16.2 The Consumer User, residing in Europe, must be aware of the fact that the European Commission has set up an online platform which provides a alternative dispute resolution tool. This tool can be used by the Consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the network in a non-judicial manner. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the contract stipulated online, under the conditions indicated therein. The platform is available at the following address: https://ec.europa.eu/consumers/odr.

16.3 For disputes that may arise on the basis of this report, the jurisdiction will without fail fall to the Judicial Authority of the place of residence or domicile of the consumer User, pursuant to Legislative Decree 206/2005. If the User is not a Consumer, the Court of Bologna will be exclusively competent.

 

ART. 17 - GENERAL PROVISIONS

17.1 The User declares under his own responsibility that he is of age.

17.2 The Contract cancels and replaces any previous agreement, verbal or written, between the Parties and having the same object. Any modification to the Contract will be valid and binding only if proposed and approved in writing by the Parties.

17.3 Should one or more provisions of the Contract prove to be invalid, this will not affect the applicability of the remaining provisions.

17.4 The Parties elect their domicile for all purposes relating to the Contract, including that of any judicial notifications and the sending of communications, to the addresses indicated in the header of the Contract and to those provided by the User to SEMM when registering on the Site. Each The party must promptly notify the other of any changes of domicile.

17.5 To the Agreement the provisions of Legislative Decree 206/2005 (Consumer Code, in particular Title III dedicated to "Distance contracts”) as well as Legislative Decree 70/2003 (Implementation of the Directive on Electronic Commerce).

Sections I-IV of Title III (contractual arrangements) Chapter I (consumer rights) of the aforementioned Consumer Code - and what is contractually provided for here about - do not apply to orders which (even by adding several contextual orders) do not exceed the amount of 50 euros.

17.6 The possible existence of other additional contracts or agreements between SEMM and the User does not determine any link between them to the present one, therefore each remaining separate and autonomous, except in the case in which a contract or agreement explicitly and functionally refers to another (such as in the case of the Annexes to this Contract, which can be found in the pages of the Site where the relative service is made available to the public), but always within the limits of a correct literal interpretation of the same.

17.7 The User declares to have read, understood and fully accepted these contractual conditions and undertakes to keep them in written form or on another durable medium at his disposal and accessible to him.

17.8 The parties agree to apply the Italian language exclusively to the Contract and to any relationship governed and/or arising between them, unless otherwise agreed between the parties to be made in writing under penalty of nullity.

17.9 As for the processing of your personal data in relation to the execution of this agreement, the User has had the opportunity to read and understand the relative privacy disclaimer of SEMM, with the possible, separate collection of consent to the treatment, if necessary.

17.10 The assortment of the Products catalog with the relative prices, discounts, promotions and availability is valid only for purchases made through the Site, as are these contractual conditions: they are not applicable to the physical point of sale.

 

ART. 18 - ANNEXES

  1. The following annexes are to be considered an integral part of this Contract, understood to be referred to here with equal effectiveness:
  1. F.A.Q. and information pages on the Site;
  2. Individual Orders placed by the User (from the signing of the Contract);
  3. Forms and instructions for withdrawal/return;
  4. Privacy disclaimer.
  1. Any invalidity of an attachment will have no effect on the other attachments and the General Contract in question here.
  2. The User therefore declares that he has read these documents and, in particular, the privacy information, authorizing the relative processing of personal data described therein.