Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the moment the agreement is concluded, exclusive use is made of one or more techniques for distance communication;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable data carrier: any instrument which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
LIVERANI GROUP S.r.l.
Sede Legale : Corso Piave, 176 D - 12051 ALBA (CN) – Italy
VAT identification number: IT04022090049
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
- The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about warranties and existing after-sales service;
- The price including all taxes of the product, and the costs of delivery where applicable; and the method of payment, delivery or performance of the distance contract;
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can cancel a contract regarding the purchase of a product within a cooling-off period of up to 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided the consumer is clearly informed of this prior to the ordering process.
4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
5. for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
Article 7 – Consumer's obligation within the cooling-off period
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack the product to determine its characteristics and functioning. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer uses up only one of his 14-day period, he reports this by email or telephone.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the business has not indicated that the consumer must bear these costs, or if the business indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days of the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer proves they have returned the product, whichever is earlier.
The entrepreneur will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.
Article 10 – The price
During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the product offer include VAT.
Article 11 – Compliance with the agreement and additional warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
Article 12 – Delivery and execution
Delivery will take place within 5 to 15 working days (Monday to Friday, except public holidays) after payment confirmation has been received from our bank (advance payment) or after a final payment agreement has been reached (cash on delivery or by invoice).
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will fulfill accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 13 – Payment
Payments can only be made via the options indicated on the website, unless the entrepreneur and the consumer both agree to a different payment method.
Payment will always take place in advance.
Payment can be made via the following methods:
- Transfer
- Credit card
- PayPal
- Payplug
- Cash on delivery
Article 14 – Complaints procedure
The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 – Personal data
Condizionati will process the buyer's data solely in accordance with its privacy policy. Condizionati will comply with applicable privacy regulations and legislation.
Article 16 – Legal information for distance selling
Only the description of the products as presented on the internet (https://www.condizionati.nl/en/) is valid.
Your statutory rights as a consumer, in particular early cancellation, the required cancellation form, the consequences of cancellation, returns, costs and compensation can be found under the menu item "cancellation".
We do not provide after-sales connection service, particularly telephone customer service. Nor do we offer any guarantees in this regard.
There is no non-judicial complaint or appeal to which we are subject.
All other information about our company, offer and the purchase process is stated on our website.
Article 17 – Installation
The customer declares that the installation of the purchased goods has been carried out by a person in possession of the certificates prescribed by Regulation (EU), of the General Conditions of Sale. No. 517 / 2014 and by the implementation of Commission Regulation (EU) 2015/2067 of 17.11.2015 and release SAS from any liability in this regard.
Article 18 – Warranty
There is a statutory right to a warranty for goods. For new goods that exhibit a defect, a warranty period of 24 months applies, in accordance with statutory provisions. The warranty period begins upon delivery of the goods to the buyer.
The warranty does not apply to normal wear and tear due to use of the product.
Article 19 – Damage during transport
If the goods are delivered with obvious transport damage, please report this immediately to the delivery person. The customer will not accept any goods unless the damage is noted in writing and signed by the delivery person on the documents. The customer will then contact us as soon as possible.
However, if no complaint has been made or contact has been made with us, this will not affect your statutory warranty claims.
Article 20 – Retention of title
We reserve the right to retain ownership of all delivered goods until all payments under the purchase agreement have been received. If the buyer fails to fulfill their obligations, particularly in the event of non-payment, we are entitled to refuse to deliver the goods or services. In such a case, the buyer is obligated to provide proof to the contrary.
The buyer is obliged to inform us within 24 hours if third parties seize the purchased goods or attempt to do so. This is in order to be able to exercise our rights under the retention of title.
Article 21 – Right
The contractual relationship between us and the purchasing party is governed by Italian law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Article 22 - GAS
Update 25.07.2019 Nur für Kunden, die nicht hermetisch vergelte Geräte kaufen, die mit fluorierten Treibhausgasen sind (Klimaanlagen)
With the approval of the Regulation (EU) No. 517/2014, which in Article 11 Absatz 5 festlegt, that is not hermetic version gelte Geräte, that with fluorierten Treibhausgasen sind, an Endverbraucher purchased, that themselves are required, nachzuweisen, that the Installation of a common Article zertifizierten Unternehmen durchgeführt wird 10 der oben genannten Verordnung. Article 16, Absatz 3, Buchstabe d) des Präsidialdekrets N. Die Verordnung Nr. Article 10 of the Regulation zertifizierten Unternehmen durchgeführt wird (EU) Nr. 517/2014.
With the help of private persons and the employees who work during their lives, they find themselves in the documents attached to them, who are not required to do so and who are responsible for their care and who are responsible for their care.
Clearance for purchase of F-Gas CLICK HERE
Installation Certification for the Käufers (for jeden Käufer) CLICK HERE
Alba / Italy, 2022/11/01