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GENERAL TERMS AND CONDITIONS OF SALE
1. Identity of the Professional
These General Terms and Conditions of Sale govern the sale by APS INVESTMENTS S.r.l. unipersonale, Tax Code and VAT No. 03893310163, with operational headquarters in Via Marie Curie 8, 20060 Gessate (MI); registered office in Milan, Via Podgora 5 (hereinafter referred to as "APS"), of products marketed on the website www.sorgenta.it, www.sorgenta.com, or third-level domain shop.sorgenta.com (hereinafter the "Website").
2. Conclusion of the Contract
2.1 The product order is submitted by the Customer through the appropriate electronic form, which must be completed and confirmed on the order summary screen. The Customer may specify a shipping address different from their personal details.
The Customer must confirm and submit their order only at the end of the purchase process by selecting the “COMPLETE ORDER” button at the bottom of the order summary.
Customers are expressly invited to check the correctness of each order before submitting it, entering all the information provided on the Website. The order will be considered confirmed only upon payment.
Once submitted, an order summary page will appear, and a confirmation email will be sent.
By submitting the order, the Customer agrees that the possible purchase contract will be governed by these General Terms and Conditions of Sale.
2.2 All orders are subject to acceptance by APS, which reserves the right, at its sole discretion, not to process any order in the following cases:
Incomplete or incorrect data provided by the Customer;
The Customer does not meet the conditions for payment;
Ordered products are unavailable.
In such cases, APS will inform the Customer via email that the order has not been accepted, stating the reasons, and the contract will not be concluded. Any amounts already paid will be refunded.
2.3 The purchase contract is concluded only when APS accepts the order and sends the Customer an email confirming that the order is being processed.
3. Prices and Payment Terms
>3.1 Product prices, service fees, shipping costs, and payment methods are listed on the Website. Prices include VAT as required by law. Shipping costs depend on the cart contents and are shown during checkout.
APS reserves the right to change prices at any time. However, changes do not apply to orders already submitted.
3.2 Payment methods currently accepted include credit cards, prepaid cards, and PayPal.
Credit card payments are managed via secure servers using advanced encryption protocols. APS does not access the Customer’s card data.
Credit cards are subject to checks and authorization by the issuing institution. APS is not responsible for failed authorizations.
After the contract is concluded under section 2, the card will be charged.
Credit card data is handled confidentially by the provider. APS is not liable for fraudulent or improper credit card use by third parties during payment. APS reserves the right to cancel the transaction and the order in the event of reported fraud.
4. Delivery Terms
4.1. Ordered products are delivered to the carrier appointed by "APS" only after "APS" has verified the payment of the goods. Once the payment has been confirmed, the products are handed over to the carrier, who delivers them to the Customer at the address specified in the order form. Deliveries are made from Monday to Friday during regular business hours, excluding national holidays.
4.2. For the purposes of these General Conditions, the delivery of the package is considered completed at the address specified in the order form upon the signature confirming receipt of the package containing the product.
4.3. "APS" shall not be held liable for any delays caused by events, acts, facts, and circumstances that are unforeseeable at the time of contract conclusion, unavoidable, and beyond its control (e.g., strikes, riots, natural disasters, etc.). In such cases, if possible, "APS" will promptly inform the Customer of a new delivery date and will make every effort to fulfill its obligations as stipulated in the contract.
5. Cases of Non-Delivery and Contract Termination Due to Customer's Fault
If the Customer is absent at the specified address, the courier will leave a notice with information to reschedule the delivery. If the Customer fails to contact the courier within five working days, the goods will be returned to "APS". The contract will be considered terminated due to the Customer's fault, and "APS" will refund the paid amount, deducting storage and return costs, without applying penalties. The termination and refund details will be communicated via email, and the refund will be issued by bank draft to the address provided in the order form.
6. Defects in Packaging and Purchased Products
6.1. The Customer must check the condition of the package and the delivered product.
6.2. If the package shows signs of tampering or alteration, the Customer must refuse the delivery or note the defect on the delivery document and inform "APS" within 24 hours via email at reclami@sorgenta.it. Accepting a tampered package voids any right to return.
6.3. The Customer must report any defects in the delivered products within 8 days to reclami@sorgenta.it. Failure to do so will result in the loss of any right to replacement.
6.4. After reporting, the Customer may return defective products to: APS INVESTMENTS S.r.l. unipersonale, via Marie Curie 8, 20060 Gessate (MI), in their original packaging with all accessories.
6.5. "APS" will examine the returned product and confirm acceptance as defective. If accepted, a full refund including return shipping costs will be issued. If not accepted, "APS" will inform the Customer, who has 48 hours to accept or refuse the return shipment. Refusal or no response will result in the loss of the right to a refund.
7. Right of Withdrawal
7.1. The Customer, if considered a Consumer under current law, has the right to withdraw from the contract without penalty and without providing reasons, within 14 days, by:
a) Sending a registered letter to: APS INVESTMENTS S.r.l. unipersonale, via Marie Curie 8, 20060 Gessate (MI)
b) Sending an email to reclami@sorgenta.it. "APS" will promptly confirm receipt of the withdrawal request.
7.2. The communication must be sent no later than the 14th (fourteenth) day following the delivery, pursuant to the previous article 4.2, of the package/envelope containing the purchased product. In the case of a contract relating to multiple products ordered with a single order and delivered separately, the 14 (fourteen) days to exercise the right of withdrawal will start from the delivery, pursuant to the previous article 4.2, of the last product.
7.3. Without undue delay and in any case within 14 days from the date on which the withdrawal was communicated, the Customer must return the purchased product(s), at their own expense, by shipping them to: APS INVESTMENTS S.r.l. unipersonale, via Marie Curie 8, 20060 Gessate (MI). Before returning, the Customer must ensure that the Products subject to withdrawal are intact and in normal condition, placed in the original packaging, complete in all its parts (including packaging and accessory documentation).
7.4. The products must be returned in their entirety, intact, and in the original packaging; otherwise, the Customer will be held responsible for the decrease in the product's value. The Customer, according to current regulations, will be responsible for the decrease in the value of the products resulting from handling other than what is necessary to establish the nature and characteristics of the products themselves. In particular, before returning, the Customer must ensure that the Products subject to withdrawal are intact and in normal condition, placed in the original packaging, complete in all its parts (including packaging and accessory documentation). In the case of Products returned in suboptimal conditions, damaged, worn, or otherwise altered or handled beyond what is strictly necessary to establish their nature and characteristics, "APS" will have the right to withhold from the total refund an amount equal to the cost of reconditioning the Products up to a maximum equal to their total value.
7.5. The right of withdrawal, if exercised within the above-mentioned period, extinguishes all obligations assumed by the parties of this contract, without the application of any indemnity or penalty to the Customer, who will be refunded, within 14 days from the receipt of the communication expressing the intention to withdraw, all amounts possibly already paid using the same payment method used by the Customer for the initial transaction, unless the Customer has requested a different method and, in this case, provided that "APS" does not incur any cost as a consequence of the requested different refund method. If there is no correspondence between the recipient of the Products indicated in the order and the person who made the payment for their purchase, the refund of the amounts, in case of exercise of the right of withdrawal, will be executed by "APS", in any case, in favor of the person who made the payment. APS INVESTMENTS S.r.l. unipersonale reserves the right to suspend the refund until the goods have been returned or until the Customer has demonstrated that they have returned them.
7.6. "APS" reminds that the right of withdrawal is not exercisable in the cases provided for by art. 59 of the Consumer Code.
8. Products, legal warranty, and exclusions
8.1. The products sold through the "Site" are legitimately marketed by "APS" as a "licensee" of the trademarks that distinguish some of these products, or authorized by the owners and/or licensees of the trademarks that distinguish the other products. The characteristics and functionalities of each product are all highlighted in the illustrative sheets found within the "Site" itself.
8.2. The products marketed by "APS" on the "Site" and purchased by the Customer as a "Consumer" are covered by the "legal warranty" of conformity, which "APS" is legally obliged to provide on every good/product sold, pursuant to Title III, Chapter I, art. 128 et seq. of the Consumer Code, which guarantees the good from conformity defects, with respect to the sales contract. If the "legal warranty" applies under the Consumer Code, the Customer will have the right to restore the conformity of the good at no cost through repair or replacement, or, if this is not possible, to an appropriate reduction of the purchase price or termination of the contract. "APS" is therefore responsible for the conformity of the products if the conformity defects manifest within 2 (two) years from the date of delivery of the products themselves, understood as warranty years starting from the date of delivery of the package/envelope, as per the previous article no. 6, last paragraph. The Customer, under penalty of forfeiture of the "legal warranty", must report the conformity defect to "APS" within two months from its discovery. This report must be made by the Customer by contacting Customer Care via email at reclami@sorgenta.it, or by sending a communication by mail to APS INVESTMENTS S.r.l. unipersonale, via Marie Curie 8, 20060 Gessate (MI).
8.3. The warranty does not apply, in any case, to products intentionally damaged by the Customer, or if the Customer has not followed the instructions attached to the product itself, as specified in the following article no. 9.
9. Instructions and Instruction Manuals
Prior careful and scrupulous reading and compliance with the instructions affixed to the products or with the instruction manual attached thereto is an essential and necessary condition for the correct use of the product, such that failure to observe or incorrect observation thereof nullifies the warranty associated with the product, with all legal consequences.
10. Protection of Personal Data
10.1. Regarding all obligations related to the collection and processing of the Customer's personal data and the related purposes, reference is made to the specific information contained on the Website in the area dedicated to the registration of new Customers; this information is also available at the following link: https://www.sorgenta.it/privacy-cookie
10.2. As for the personal data processing policy applied by "APS" concerning navigation within the "Website," reference is made to the Privacy Policy.
11. Costs of Using Distance Communication Techniques
The Customer who uses an internet connection to access the functionalities of the website www.sorgenta.it and to possibly finalize purchase contracts related to the products marketed therein is not subject to any charges and/or fees by "APS." The only costs the Customer will bear when accessing the website www.sorgenta.it will be exclusively those related to the rate agreed upon with their internet service provider.
12. Validity of the Commercial Offer
The products described on the website are presumed to be available at the time the order is placed and are offered for sale at the price published on the website www.sorgenta.it at that time and highlighted in the summary generated at the closure of the shopping cart.
Any changes in the price of the products between the submission of the order and its fulfillment will not affect the Customer.
In the exceptional case that an ordered product is unavailable, "APS" will refrain from processing the order and from charging the Customer, promptly refunding, if already collected, the price paid by the Customer.
13. Amendments to the General Terms and Conditions of Sale
APS INVESTMENTS S.r.l. unipersonale reserves the right to make changes or additions to these General Terms and Conditions of Sale at any time.
However, the changes and/or additions made will not affect contracts already concluded and in the process of execution.
14. Competent Jurisdiction
The competent court to decide on disputes that may arise regarding the interpretation and/or execution and/or termination of this contract is unalterably:
i) that of the residence or domicile of the Customer if the latter fully qualifies as a "Consumer" customer, as defined by Article 3, paragraph 1, letter a) of the Consumer Code;
ii) the Court of Milan, when the Customer cannot be considered a "Consumer" because they do not fall within the definition given by Article 3, paragraph 1, letter a) of the Consumer Code.