General commercial conditions

GENERAL SALE CONDITIONS

Introduction

The company PUNTOENERGIA ITALIA SRL ( from now on also referred to as the " Seller ") with its head office in San Severo (FG) at via Tardio, snc, VAT no. 03805690710, sells products in the renewable energy, electronics, electrical and other sectors via its e-commerce site www.puntoenergiaitalia.com ( from now on referred to as " the Site ").

These General  Sale Terms and Conditions are applicable to all sales of Products concluded through the Site and regulate distance sales in accordance with and in compliance with the relevant national and European regulations in force, including Legislative Decree no. 70/2003, Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the "Consumer Code") and European Directive no. 2011/83 EU on Consumer Rights.

A - Scope of application

1. These General Sale Terms and Conditions regulate the sale through the Site of Products offered by the Seller.
2. These General Sale Terms and Conditions may be amended by the Seller at any time. Any modifications will be in force from the moment they are published on the Site in the "General Sale Terms and Conditions" section on the Site's homepage. Customers are therefore invited to check the Site regularly and to consult the most up-to-date version of the General Sale Terms and Conditions before making any purchase. The applicable Terms and Conditions of sale are those in force on the date of transmission of the purchase Order of a product  transmitted by the Customer.
3. Before proceeding to purchase items through the Site, the Customer must carefully read these General Sale Terms and Conditions, which are available in the "Sale Terms and Conditions" section of the Site.
4. It is agreed that placing a Purchase Order through the Site means total and absolute knowledge of these General Terms and Conditions of Sale and their full acceptance.
5. These General Terms and Conditions of Sale do not control the sale of Products by subjects other than the Seller, even if they are present on the Site through links, banners or other hypertext links. In the light of this, the Customer is invited, before proceeding with any orders and/or with the purchase of items and services from subjects other than the Seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held as responsible for the supply of goods or services by third parties.
6. In the case in which the person who purchases Products on the Site requires the issuing of an invoice and/or is in any case not a "Consumer" as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the regulations on cancellation set out in to the letters H-I of these General Terms and Conditions or, more in general, the provisions that apply only to "consumers" pursuant to the same Consumer Code shall not apply.
7. For information on the use of the customers' personal data, please refer to the contents of the Privacy Policy.

B - Information relating to the conclusion of the Contract

1. The Seller hereby informs the Customer that:

 - in order to close the Purchase Contract for one or more Products on the Site, the Customer must place a Purchase Order for the Products, by filling in an electronic order form and transmitting it, electronically, to the Seller, following the instructions that appear on the Site;

- the Contract is closed when the User receives from the Seller, at the e-mail address indicated, the e-mail confirming the forwarded Purchase Order. This confirmation message will contain the date and time of execution of the order and a "Customer Order Number", to be used in any further communication with puntoenergiaitalia.com and to be used in the causal of the Bank Transfer.

- before transmitting the Purchase Order, the user can check  and correct any errors in data entry by following the instructions on the Site in the different phases of the purchase process;

- the registration credentials (e-mail address and password) must be used exclusively by the Customer and cannot be given to others. The Customer is required to keep them secret and ensure that no third party has access to them.

2. By transmitting the Order, the Customer accepts and agrees to observe, in relations with the Seller, these General Terms and Conditions of Sale and the further information contained on the Site, including the Privacy Policy, also mentioned through links and made available at all times.
3. In any case, the Seller holds the right to evaluate the acceptance of the received Orders and can deny Purchase Orders in case they are incomplete or incorrect or in case of unavailability of Products. If the Seller does not receive payment within 5 days after the sending of the order confirmation email, he will send to the Customer a payment reminder email. If after a further 5 days from the sending of the reminder email the Customer has not made the payment, the contract shall be considered to have been rescinded by right (Art. 1454 c.c. warning to fulfil).

C - Registration on the Site and Purchase Order of Products

1. Purchase Orders can only be placed directly through the Site by persons of legal age who are not legally in a position of legal incapacity.
2. Customers who want to place Purchase Orders for Products can sign up to the Site and enter the required data. In any case, it is necessary to provide the Seller with a valid e-mail address to which the Client is forwarded with all the required information, as well as the communications contemplated by these General Sale Terms and Conditions  or in any case concerning the Product Purchase Order.
3. The description of the characteristics of the Products that can be purchased, together with one or more images that allow a correct representation of the Products, is available on the Site, in the Purchase Order and in the Order confirmation sent to the Customer at the end of the purchase procedure.
4. The images and descriptions present in each Product Sheet reproduce as faithfully as possible the characteristics of the Products, but must always and in any case be intended as indicative. For the purchase contract purposes, the descriptions of the Product Sheets contained in the Product Purchase Order transmitted by the Customer shall be taken as authentic. It is hereby intended that the image accompanying the description sheet of a Product may not be perfectly representative of its characteristics but could differ slightly even if reproduced in photographic studios, the tonality varies according to the type of light used in the studio ("warm light/cold light/distance between the Product and the surrounding lighting) and the type of camera used.
5. To see the selected Products and their total price, please click on the order basket icon. The Customer is kindly invited to verify the accuracy of the contents of the order basket before confirming the purchase order of the Products, by entering the required data and following the instructions provided on the corresponding page of the Site, as well as by confirming that he/she has read and accepted these General Terms and Conditions of Sale.
6. The Customer is free to make changes or correct any errors before sending the Purchase Order to the Seller by following the instructions provided on the Site.
7. Before the Seller dispatches the goods, the customer can cancel the order by promptly notifying to amministrazione@puntoenergiaitalia.it and subsequently contacting our operators at the number: 0882.228247.

D - Prices and VAT

1. The VAT is included in all prices on http://www.puntoenergiaitalia.com. The standard VAT applied is 22%. According to Dpr 633/72, on products and goods meant for the realisation and construction of plants, for the production of energy from wind and/or photovoltaic renewable sources, following the issue of a specific written declaration of liability, the facilitated rate of 10% is applicable. This facilitation is intended exclusively for end users, both private individuals and companies, on condition that they declare under their own responsibility that the products purchased will be directly installed and will not be for sale. The declaration of responsibility for the application of the reduced VAT rate of 10% must be sent by e-mail to amministrazione@puntoenergiaitalia.it or by fax to 0882.228247. While on all other products the VAT applied is 22% as per law.
2. The articles that can benefit from the facilitation are all articles and accessories and kits intended for the production of electrical energy from renewable sources, such as solar panels, charge controllers. When purchasing these articles, the customer can decide whether to purchase with facilitated VAT or with standard VAT at 22% and notify Puntoenergia Italia srl.

E - Payment and invoicing Methods

1. Payment by the customer can be made in euros using one of the payment methods specified on the Site and listed below.
2. Credit card: the private data on the credit card (card number, holder, expiry date, security code) are encrypted and therefore transmitted to the payment manager. The Seller could never access to this and could not store the data of the credit card used by the Customer to pay for the Products, including when the Customer saves the Credit Cards, except for the name of the card holder only.
3. PayPal: payment of the Products purchased on the Site can be made through the PayPal payment solution. If the Customer chooses PayPal as the payment method, he/she is redirected to the site www.paypal.it where he/she can make the payment of the Products according to the procedure envisaged and regulated by PayPal and to the terms and conditions of the contract agreed by the Customer with PayPal. The personal data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the credit card connected to the Customer's PayPal account or the data of any other payment instrument connected to this account.
4. Cash on delivery: by choosing this method, payment is made to the Courier when the product is delivered. Puntoenergia Italia holds the right to request payment only by electronic methods (credit cards, paypal and bank transfer) in the case that, in a previous purchase, the Customer has not picked up the products for which the cash-on-delivery payment was foreseen, 10 days after receiving the email notification of the products' stock.
5. Bank transfer: during the purchase procedure, it is possible to select bank transfer as the payment method. The IBAN to be used to make the transfer is indicated in the order summary and is sent to the customer's email address indicated during registration.

F - Delivery of Products

1. After the confirmation of the Purchase Order sent to the indicated e-mail address, the Customer can track the delivery of his Order online.
2. For any information concerning delivery, the Customer can contact the Seller's Customer Service, whose contact details are indicated on the Seller's website at puntoenergiaitalia.com.
3. Deliveries of Products are made only in the European Union territory. The delivery commitment is considered as performed by turning over the material availability or however the control of the Products to the customer.
4. The delivery costs are always at the customer's charge. The amount of delivery charges payable by the customer in relation to a specific purchase order is clearly and separately indicated (in Euro and inclusive of VAT) on the site during the purchase process, in the order and in the order confirmation e-mail.
5. During the purchase process, before the Customer transmits the order for the purchasing of the products, the terms within which the Seller undertakes to deliver the products, that are the subject of the order, will be indicated, considering not only the area and mode of delivery, but also the possibility that the customer purchases several products with the same order.
6. Delivery terms run from the moment of payment (made electronically). If payment is made by cash on delivery, the customer could be contacted for further confirmation of the order
7. In the case of delivery to the address indicated by the customer in the purchase order, the products purchased on the site will be sent and delivered by the courier specified on the site to the postal address indicated by the customer, in accordance with the costs and terms indicated on the site during the purchase process, before the user proceeds to place the order. In so doing, it is also possible to take advantage of advance notice of delivery, which is an additional service that allows customers to know, in advance, the time of delivery of their goods by paying an additional charge of EUR 5 when the products are delivered.
8. The courier will attempt delivery twice: if, after the two attempts, it has been impossible to deliver the goods, the seller sends an e-mail to the customer to inform that the product is in stock. From this moment on, the customer has 10 days to collect the product from the warehouse, and after those days, Puntoenergia Italia has the right to take back the product by returning to the customer the amount paid by the latter, with the exception of the shipping costs, which are in any case charged to the customer.
9. Puntoenergia Italia will not be responsible for non-delivery or delayed delivery due to causes of circumstances beyond its control, such as strikes, public authority measures, rationing or shortages of energy or raw materials, transportation difficulties, fires, floods, heavy snowfall, flooding and damage to industrial machinery that are beyond Puntoenergia Italia's control. Puntoenergia Italia will promptly notify the customer of the occurrence of a force majeure event.
10. If the client is a consumer, he/she has the right to make use of the right of withdrawal under the terms and conditions set forth in point H below of these General Sales Terms.
11. In the case that the client is a Consumer is applicable the Article 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss of or damage to the goods, due to causes not for the Seller's fault, is assigned to the Consumer only at the moment in which the latter, or a third person designated by him and different from the carrier, takes materially possession of the goods.

G - Conformity of delivered Products

1. The Carriage Liability shall be borne by Puntoenergiahop, which in the event of any damage to the product, occurring during transport, shall be borne by the courier.
2. It is up to the customer to check the condition of the delivered products. The customer assumes the risk of non-delivery or damage to the ordered products, for reasons not attributable to the seller, only when the customer, or a third person designated by the customer and different from the carrier, takes physical possession of such products.
3. It is the customer's responsibility, at the time of delivery of the goods, to check that the packaging is intact, undamaged, not wet or in any case altered, including the sealing materials (quality check). Any damage must be immediately reported to the courier making the delivery ( taking the goods with a cautious reservation to be written in the courier's delivery note: e.g.: "box with holes on the side", "box open and without customised tape", "box damaged", etc.).
4. In the case that the product has been damaged during transport, the customer must notify this to the Seller by e-mail no longer than 24 h after delivery, detailing the damage that the product has been subjected to, to the following address: amministrazione@puntoenergiaitalia.it, or by fax to 0882-243119 or by registered mail to the address Via Tardio, snc - 71016 San Severo (FG). Once 24 hours have elapsed since delivery, it will no longer be possible to lodge any complaint with the seller for goods damaged during transport.
5. In any case, once the products have been delivered, they must be checked by the customer to make sure that they correspond to the articles ordered and that they do not present manufacturing defects or other conformity defects. In addition to the specific warranties, that may be provided to the customer together with the delivered product, the legal warranties provided for by Italian law are also applicable to the sale of Products purchased on the site.
6. According to Article 130 of the Consumer Code, the Seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the goods.

              In the case of a lack of conformity, the consumer has the right to have the conformity                  of the goods restored, free of charge, by repair or replacement, or to an appropriate reduction in the price, or to the termination of the contract. In the case that the packaging shows obvious signs of tampering or alteration, the customer is also advised to promptly notify Customer Service at the address indicated below.

The legal guarantee of conformity of goods, provided for by Articles 128 et seq. of the Consumer Code, is valid for 24 months: specifically, the Seller is liable, pursuant to Article 130, when the lack of conformity becomes apparent within two years from delivery of the goods. It is hereby understood that the consumer shall forfeit 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).

7. The Consumer's request to make use of the product conformity warranty must be communicated to the Seller by contacting Customer Service at 0882.228247.

H - Right of withdrawal and return for the Consumer

1. If the Client is a Consumer, he/she may exercise the right of withdrawal in accordance with Articles 52 et seq. of Legislative Decree No. 205/2006 (Consumer Code) within fourteen days from the day on which the Consumer or a third person, other than the carrier and designated by the Consumer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Consumer in a single order and delivered separately, from the day on which the Consumer or a third person, other than the carrier and designated by the Consumer, acquires physical possession of the last good.
2. In order to exercise the right of withdrawal, it is only necessary to inform us of your decision of withdrawal from the present contract by sending an explicit declaration, e.g. registered letter with acknowledgement of receipt sent by post to the following address: PUNTOENERGIA ITALIA SRL via Tardio, snc - 71016 San Severo (FG) Italy, or by accessing your account by clicking on "Make a return" filling in all the required data.
3. Withdrawal and return will be accepted by the seller if the products are returned within the peremptory term of 14 (fourteen) days from the date on which the customer communicated to the seller that he/she wants to withdraw from the purchase, respecting all the conditions set out below: products must be returned complete with all original packaging (boxes, accessories, tags, protections, etc.); products must be provided with the purchase receipt;products returned by the Customer must not have been opened, used, damaged but may have been handled and inspected to establish their nature and characteristics;

4. In the case of withdrawal, the Customer shall be fully reimbursed for all payments made in favour of the Seller (with the exception of the direct cost of returning the goods and any cash-on-delivery payments), according to the payment method chosen for the purchase, in relation to the product for which the withdrawal has been exercised. The trader shall refund such payments without undue delay and in any case within fourteen days from the day on which it is informed of the consumer's decision to withdraw from the contract.The trader may hold back the refund until it has received the goods or until the consumer has proved that he has sent back the goods, whichever is sooner (pursuant to art. 57 of Legislative Decree 206/2005 Consumer Code).Pursuant to Art. 57 para. 2 (Legislative Decree 206/2005 Consumer Code) the Consumer shall only be liable for any diminution in the value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.The refund shall be made according to the payment method chosen by the Customer and shall not entail any additional cost for the Customer.
5. In the case of cash-on-delivery payment, the customer shall indicate the bank account number on which he/she wants the purchase costs incurred to be reimbursed. Shipping costs for both the sending and the return of the product paid by the consumer shall not be reimbursed by the seller.

I - Consumer withdrawal and return.

All products traded by PuntoEnergia Italia SRL are supported by the conventional warranty of the manufacturer and by the legal warranty of 24 months for conformity defects, according to the Italian Legislative Decree n. 206/2005. The legal warranty (or for conformity defects or lack of guaranteed quality) refers to a problem that the goods have presented from the outset. The legal warranty, therefore, finds its application in cases where the contract has not been respected, because has been delivered a good that is different from what was expected or in any case not capable of performing the agreed performance.

For B2B sales (sales to persons liable for VAT), the warranty period is 12 months from delivery of the product, the time limit for reporting defects is 8 days from discovery.

For products subject to consumption, such as batteries for cyclical charge and discharge, the maximum guarantee granted shall be 12 (twelve) months. The guarantee is not applicable in the following cases

- when the battery is low due to inactivity, current draw of the electrical system, oxidised or poorly connected terminals;

- if the malfunction is due to improper use, misapplication or incorrect application, neglect in use, tampering, incorrect installation or maintenance, negligence, or from circumstances that, in any case, cannot refer to defects in the functioning of the product itself.

The guarantee in question shall in any case not be applicable in the event of negligence, carelessness in the use and maintenance of the product.

To make use of the warranty service, the customer must keep the invoice, or the delivery note or receipt, that they will receive together with the goods purchased.

In case of lack of conformity, PuntoEnergia Italia SRL will restore the conformity of the product by

- repair of the product itself

- replacement of the product itself

- reduction of the price of the product itself

- termination of the contract and refund of the price.

The timing of replacement or repair of the product depends exclusively on the manufacturer, therefore Puntoenergia Italia cannot be held responsible for any delay in the replacement or repair of the defective product. In this regard, Puntoenergia Italia may ask the customer, after prior notice, to send the product directly to the technical service centre of the manufacturer or importer of the product. If, for any reason, PuntoEnergia Italia SRL is unable to replace or repair a product under warranty, it may proceed with the replacement of the product itself (if still in the price list) or with another of equal characteristics and value or, finally, with the refund of the price. No damage can be claimed to PuntoEnergia Italia SRL for any delays in repair or replacement of products under warranty.

In cases where the application of the warranties provides for the return of the product, the goods must be returned by the customer in their original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. ...); to limit damage to the original packaging, it is recommended, when possible, to put it in a second box; in all cases the affixing of labels or adhesive tape directly on the original product packaging should be avoided.

The shipping costs for sending the product under warranty and those for returning it to the customer shall always be borne by the customer.

Any material sent in, which is not covered by the warranty or which, after careful inspection by PUNTOENERGIA ITALIA SRL, proves to be in working order, will be returned with shipping costs charged to the addressee and a charge of €15.00 as a fixed intervention fee.

The customer shall forfeit the right to the guarantee in the following cases:

- Lapse of the terms;

- Damage caused by use not in accordance with the original performance of the product;

- Tampering or attempted intervention by the user or personnel not expressly authorised by our company;

- Return of the product without original packaging and accessories.

In order to benefit from the replacement or repair of the product under warranty, it is necessary to download the RMA form from the following link:

download the RMA form

Once the Rma form has been downloaded, the customer must fill it in carefully in all its parts by following the instructions on the form, with the exception of the part with filling in by Puntoenergia Italia, and send it by e-mail to rma@puntoenergiaitalia.it. Once Puntoenergia Italia receives the email with the Rma form, once it has assessed the problem with the product, it will enter on the form an Rma number and the date of opening of the complaint file. The form will be sent back to the customer by e-mail. This e-mail will be considered as authorisation to return the product to our warehouse for the warranty procedure. All shipping costs related to the return of the product and the return of the repaired or replaced product shall always be borne by the customer.

Exceptions to the right of withdrawal referred to in Art. 59 of the Consumer Code relating to the supply of PUNTOENERGIA ITALIA SRL articles:

The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to:

1. The supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and which may occur during the withdrawal period;
2. The supply of goods made to measure or clearly personalized;
   The supply through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.

L - Complaints

Any complaints must be addressed in writing to PuntoEnergia Italia SRL via T. Tardio, snc 71016 San severo (FG), or by fax to 0882/2228247, or by e-mail to info@puntoenergiaitalia.it.

 M - Jurisdiction and applicable law

The sales contract between the Customer and PuntoEnergia Italia SRL is concluded in Italy and regulated by Italian Law. For the solution of civil and criminal disputes arising from the conclusion of this contract of sale at a distance, the jurisdiction is that of the Court of Foggia.

N - Conditions

The conditions contained in this document can be modified by PuntoEnergia Italia SRL without prior notice and will be valid from the date of publication on the Internet site www.puntoenergiaitalia.com.

O - Limitation of liability

Except in cases of fraud or gross negligence, the seller is in no way liable to the customer for any direct or indirect damage that the latter may suffer as a result of purchasing Products offered for sale on the site.

The seller also declines any contractual or extra-contractual liability for direct or indirect damage caused by the non-acceptance or non-fulfilment, even partial, of an order.

P - Privacy Policy

Customers can always find out how the Seller processes their personal data by accessing the Privacy Policy available on this page.

Q - Cookies Policy

The Customer can always find out how the Seller handles cookies by accessing the Cookies Policy available on this page.