OBJECT OF THE ONLINE CONTRACT AND ITS CONCLUSION
The online contract of sale is the distance contract, concerning movable goods and / or services, stipulated between a supplier, Archetive Global Software LTD, located in London 27 Old Gloucester Street WC1N 3AX
United Kingdom, and a consumer and / or customer; all this takes place in a distance selling system organized by the supplier which, for this contract, uses only the remote communication technology called internet.
The contracts, therefore, will be concluded directly through the access by the consumer and / or customer to the corresponding website at www.archglob.com, where, following the instructions provided, it will conclude the contract for the purchase of the well.
The right of Archetive Global Software LTD to request, discretionally and further, to the consumer and / or customer to confirm the order made.
A consumer is any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to the business activity he may carry out.
For distance contracts with consumers, the legislation envisaged by section II of Legislative Decree no. 206 of 6 September 2005 "consumer code".
All sales prices of the products, shown and indicated on the website, include I.V.A. and any other tax. It will be charged to the customer a contribution for shipping costs, which will be displayed before the completion of the order, and variable in relation to the destination, weight and size of the order, except the products in the promo with free shipping costs.
The purchase contract is concluded through the exact compilation and consent to the purchase expressed through the adhesion date "on line" or with the signing of the order form attached to the electronic catalog on the site.
The customer can pay for the goods ordered through the payment services indicated online at the time of purchase and in particular through the following methods:
• ADVANCED BANK TRANSFER
• Credit cards
Payment by credit card may be subject to a surplus due to currency exchange and related fees. This surplus depends solely and solely on the operator's behalf.
Archetive Global Software LTD will deliver to customers, the products purchased, through couriers and / or shippers of trust or, at the unquestionable judgment of the company, directly from the company itself.
With reference to the delivery we mean the date on the first attempt, by the courier, to deliver the goods to the address (to be considered the main entrance of the building and not that of access to the private home), even if the attempt it is not successful due to the absence of the recipient or the refusal of the goods.
Delivery times will never exceed those provided for by art. 54 of Legislative Decree 206/2005.
Shipment times are indicative, as Archetive Global Software LTD will not be responsible for delays due to force majeure (natural disasters, strikes and technical reasons) and in summer and pre-holiday periods.
In case of goods sent and refused upon delivery, Archetive Global Software LTD will apply a penalty equal to 30% of the value of the purchase in addition to shipping, storage and return of the material.
Bulky packages (TVs, large appliances, or more products together) are subject to processing and therefore entrusting to the courier higher than the indicated 24/48 working hours.
The consumer and / or customer agrees and obliges, once the "online" purchase procedure is concluded, to provide for the printing and preservation of the present general conditions which, moreover, will have already viewed and accepted as an obligatory passage in the purchase, as well as the specifications of the product object of the purchase, and this in order to fully satisfy the conditions set forth in art. 4, 5, 52 and 53 of Legislative Decree No. 206/2005.
It is absolutely forbidden for the purchaser to enter false and / or fictitious data in the registration procedure necessary to activate the process for the execution of the present contract and the relative additional communications; the personal data and the e-mail must be exclusively the real personal data and not of third persons, or fantasy.
The consumer and / or customer authorizes Archetive Global Software LTD and undertakes to provide, at the discretion of the latter, a copy of the identity documents that have not expired. Failure to comply with the request for documents authorizes Archetive Global Software LTD to terminate the contract for breach of the purchaser. The Customer releases Archetive Global Software LTD from any responsibility regarding the inclusion of incorrect data (including tax) when this circumstance is exclusively due to due to errors related to data provided by the Customer; the Customer is solely responsible for the correct insertion. The consumer and / or customer in the case of purchase by credit card authorizes Archetive Global Software LTD to use their credit card, and to debit on their current account in favor of Archetive Global Software LTD the total amount shown as the cost of the purchase made "on line".
PERSONAL DATA TREATMENT
27 Old Gloucester Street WC1N 3AX United Kingdom (Data Controller) has the goal of providing any clarification on the policy adopted by the same in terms of processing of personal data of users with regard to services provided by Archetive Global Software LTD through the site www.archglob .com
Archetive Global Software LTD takes seriously the protection of privacy, ie the confidentiality of personal data of its users.
The principles set out below are at the basis of the processing of personal data of users by Archetive Global Software LTD.
The data will be collected only when necessary and in compliance with current legislation.
Archetive Global Software LTD will always provide clear information on the use that is made of your personal data and will always be transparent with users about the data that is collected, the use that is made of it, with whom they are shared and the office to contact for each request.
Archetive Global Software LTD takes all necessary measures to safeguard user data from improper use and to process them in a safe manner, complying with all applicable laws and regulations for the protection of privacy, collaborating with the authorities responsible for the protection of personal data and acting , in any case, in accordance with generally accepted principles relating to the protection of personal data.
At any time, you may exercise the rights referred to in art. 15 and ss. of EU Regulation 679/2016 including those to obtain from the holder access to personal data and the correction or cancellation of the same or the limitation of the processing that concerns it, or to oppose, for legitimate reasons, to their treatment, in addition to right to data portability by sending an e-mail to email@example.com
If you find a violation of your rights you can contact the competent supervisory authority pursuant to art. 77 of the EU Regulation 679/2016.
DATA PROCESSING AND USER CONSENT
PLACE OF THE PROCESSING OF PERSONAL DATA
The processing related to the services of the Website takes place at the aforementioned headquarters of the company Archetive Global Software LTD are handled only by personnel in charge of processing, or by persons in charge of occasional maintenance operations.
The data deriving from the Site may be communicated to the technological and instrumental partners of which the Data Controller makes use of the services requested by the users. Personal data provided by users who request information (sending information material, answers to questions, etc.) or other communications (for example orders) are also made available to third parties appointed as Managers and used by them for the sole purpose of service or service requested and only if this is necessary for this purpose (provision of services requested through the technological and instrumental partner).
The computer systems and software procedures used to operate the Website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. It is information that by its very nature could, through processing and association with data held by third parties, allow to identify the computers that connect to the site. This category of data includes IP addresses or domain names of the computers used by users who connect to the Web site, the addresses in the Uniform Resource Identifier (URI) notation of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user's computer environment. These data could be made available to the judiciary and Police Forces to ascertain responsibility in case of offenses committed through the site or of computer crimes against the site.
Data provided voluntarily by Users
The optional, explicit and voluntary sending of personal data to access specific services, or to make requests for information through the appropriate channels of the Site or the App, involves the subsequent acquisition of the sender's personal data included in the requests, necessary to respond to them. You may choose not to provide your data but, in such case, Archetive Global Software LTD may not be able to satisfy all or part of the user's requests (for example, registration at www.archglob.com).
Data relating to non-registered Users
Registered User Data
Archetive Global Software LTD makes use of technologies that allow it, thanks to the interrogation of an ID (in alphanumeric form), to track the navigations of registered users that access the site from various browsers or from different devices (eg computer, tablet , smartphone), in order to present to the same users products similar to those displayed or purchased, regardless of browsers or devices used from time to time.
When Registered Users give their consent to the processing of their data for direct marketing purposes, Archetive Global Software LTD may process the data related to the operations and views they perform on www.archglob.com to inform them via e-mail of the circumstance that products placed in the cart, but not yet purchased, are still available (allowing them to complete the purchase quickly and safely) or to offer them via e-mail the same products or similar products (re-marketing). When Registered Users give their consent to the processing of their data for profiling purposes, Archetive Global Software LTD can process data related to their consumption choices (ie the subject of purchases and amounts spent), to adjust as much as possible the commercial offer to their profile and their needs.
Data on payments
With regard to payment data, Archetive Global Software LTD is limited only to receiving information from the digital payment companies and credit card payment institutions on the status of payment (successful / refused). All details on the prepaid card or credit card are stored by the entities that manage the related service, which are not authorized to use personal data received through www.archglob.com for other purposes.
PURPOSE OF THE PROCESSING OF PERSONAL DATA
Archetive Global Software LTD may use the personal data of users to examine the use of the Site, products and services, analyze the effectiveness of our advertising, promotions and competitions, customize the experience on the site and to examine (anonymously and aggregate) statistics relating to the activities on the website, simplify the use within it and better adapt it to the interests and choices of the user, speed up its future activities and experiences on the site, contact him about products and services that might interest him , if he has given his consent.
Archetive Global Software LTD may use the personal data of users to suggest products or services that may interest them, offer them the opportunity to participate in contests or promotions. You may refuse to receive communications from Archetive Global Software LTD at any time. Any direct marketing communication that Archetive Global Software LTD sends will provide the information and the means necessary for the refusal itself. User data may be used to provide products or services that users require.
From the moment in which the consumer and / or customer receives the damaged goods, or asks for their return to the carrier, he has direct and exclusive action towards the carrier.
The carrier is also responsible for the delay in delivering the goods to the recipient.
Archetive Global Software LTD, in these cases, must be considered exempt from any responsibility for loss or damage (damage) of the goods from the moment in which the same is delivered without reservations to the carrier for transport.
In case of damage to the packaging or packaging, the Customer has the burden of affixing reservations to the items transported at the time of return, under penalty of forfeiture. The consumer and / or customer in case of damage or partial loss not recognizable at the time of delivery, must report to the carrier, under penalty of forfeiture, the damage just known and no later than eight days from receipt by registered mail (Article 1698 cc) Archetive Global Software LTD is not responsible for any fraudulent use and unlawful that can be done by third parties, credit cards, checks and other means of payment, at the time of purchase of the products, not being, at any time, part of the procedure.
The images of the products published on the site are purely indicative.
In the absence of specific indications in the notes of the order can not be complained about the lack of conformity of the purchase.
GUARANTEES AND ASSISTANCE
01. Legal guarantee
• All products marketed by Archetive Global Software LTD are covered by the 24-month legal warranty for conformity defects, pursuant to art. 129) of Legislative Decree no. 206/2005 (Consumer Code). By virtue of the legal guarantee, Archetive Global Software LTD is responsible towards the Customer-Consumer (a natural person acting for purposes unrelated to business, industrial, commercial, craft or professional activity), for any lack of conformity existing at the time of delivery of the product, as required by art. 130 of Legislative Decree no. 206/2005 and within the term of 24 months from the date of purchase. The lack of conformity exists when the product is not suitable for the use for which it is intended, does not conform to the description or does not have the qualities and / or performance promised by the seller and typical of the product sold, or the specific quality and performance required by the Customer-Consumer when this has been the subject of a specific agreement between the parties.
The denunciation of the lack of conformity (Article 132, paragraph 1), which appears in the term of validity of the legal guarantee (24 months), must be made, under penalty of forfeiture, within two months from the date of discovery (art. 132, 2nd paragraph). In case of lack of conformity, the Customer-Consumer has the right to ask the seller, at his choice and without expenses, the repair or replacement of the goods, unless the remedy requested is objectively impossible or excessively expensive (Art. 130 , paragraphs 3 and 4). Repairs must be carried out within a reasonable time and, in any case, within sixty days, after which the Customer-Consumer will have the rights as per art. 130, paragraph 7); the seller, after denouncing the conformity defect, will be able to offer the Customer-Consumer the remedies referred to in paragraph 9) of the art. 130, with the effects referred to in lett. a and b) of the same provision.
According to the 3rd paragraph of the art. 132, the defect that occurs within six months from the purchase, is presumed to exist on the aforementioned date and the Customer-Consumer has the right to the restoration, without charge, of the conformity of the goods through repair or replacement (Article 130).
To benefit from the assistance, the Customer-Consumer must keep the invoice (or the DDT) that he will receive together with the purchased goods. The Customer-Consumer can always download the invoices concerning his purchases from the site www.archglob.com, by accessing the reserved area.
If, as a result of intervention by an Authorized Service Center, there should not be a lack of conformity pursuant to Legislative Decree no. 206/2005 (Consumer Code), the Customer-Consumer will be charged for any costs of verification and recovery required by Authorized Assistance, as well as transport costs if incurred by ARCHETIVE GLOBAL SOFTWARE LTD
• 02. Conventional guarantee
◦ 2.1 In addition to the legal guarantee for lack of conformity, the products marketed by Archetive Global Software LTD enjoy the manufacturer's standard warranty.
◦ 2.2 The manufacturer's conventional warranty is additional and not burdensome for the Customer-Consumer and is provided, at the Customer's / Consumer's choice, according to the methods illustrated in the documentation included in the product packaging and available on the website www.archglob .com in the appropriate area and will be provided by service centers authorized by the manufacturer. If, as a result of intervention by an Authorized Service Center, the defect is not covered by the manufacturer's standard warranty, the Customer-Consumer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transport costs , if supported by ARCHETIVE GLOBAL SOFTWARE LTD
◦ 2.3 Replacements in case of DOA (Dead On Arrival: product not working at the first ignition), without prejudice to the existence of the conditions for the application of Legislative Decree no. 206/2005 (Consumer Code), will be carried out only if expressly provided by the manufacturer. The times of replacement or possible repair of the product, provided that they are reasonable, depend exclusively on the manufacturer. Archetive Global Software LTD ensures that the time for repair / replacement is reasonable.
Nell' 2.4 In the event that, for any reason Archetive Global Software LTD, is not able to replace a product under warranty (restored or replaced), it can proceed, subject to the consent of the Customer-Consumer, to replace the product itself (if still in price list) or with another of equal characteristics and value or higher. Finally, at the issuing of a discount voucher of the same amount that can be spent on another product valid for 6 months from the time of issue.
◦ 2.5 No damage can be requested from Archetive Global Software LTD for any delays in carrying out repairs or replacements of products under a conventional warranty, except in cases of willful misconduct or gross negligence.
◦ 2.6 In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer-Consumer in the original packaging, complete in all its parts (including packaging of the manufacturer and any documentation and accessory equipment: manuals, cables, etc. ...); to limit damage to the original packaging, it is recommended, when possible, to insert it in a second box; in all cases the affixing of labels or adhesive tapes directly onto the original packaging of the product should be avoided.
RIGHT OF WITHDRAWAL ex artt. 64/67 Legislative Decree n. 206/2005
01. In compliance with the provisions of the Consumer Code, as amended by Legislative Decree no. 21/2014, the customer who covers the quality of consumer and, therefore, the natural person acting for purposes unrelated to the professional activity, has the right to withdraw from the purchase contract, without providing any reasons and without having to bear different costs from those specified in paragraph no. 3, no later than fourteen days from delivery, or from the day on which the Customer himself or a third party designated by the latter acquires physical possession of the goods purchased. The conditions and procedure for exercising this right will be specified in the following paragraphs.
• 02. The customer who intends to exercise the right of withdrawal referred to in the previous paragraph must communicate via ordinary mail, registered mail, electronic (firstname.lastname@example.org), their willingness to avail themselves of the right of withdrawal, within the terms provided by law .
Upon receipt of the declaration of withdrawal, Archetive Global Software LTD will send the Customer an email confirming receipt containing the procedure for the re-ordering of the goods (copy of purchase invoice) and the order number assigned by the system.
• The customer will have to send back the goods to be receded by their trusted forwarder, carefully packed in the original packaging of the manufacturer, to the following address:
• ARCHETIVE GLOBAL SOFTWARE LTD
27 Old Gloucester Street WC1N 3AX
• 03. The shipment of the goods to be returned must take place no later than 14 days from the date on which the Customer has communicated to ARCHETIVE GLOBAL SOFTWARE LTD the decision to withdraw from the purchase contract.
Archetive Global Software LTD, in compliance with the provisions of art. 56 of the D. lgs. n. 21/2014, once the compliance with the conditions of paragraph 4 has been verified, the Customer will reimburse the cost of the product within 14 days of receipt of the notice of withdrawal, subject to the right to withhold the refund until the date of return of the product at their warehouses or until the date on which the Customer sends proof of the actual shipment and delivery of the goods to the courier.
Archetive Global Software LTD is not required to reimburse additional costs if the Customer has chosen a type of delivery different from the type of less expensive delivery offered ("basic" shipping). The refund will be made in the same manner used by the Customer for the purchase or, if specifically requested, by bank transfer, cancellation on the credit card.
• 04. The right of withdrawal is subject to the following unavoidable conditions:
◦ 01. the Customer can exercise the right of withdrawal only and exclusively with regard to the entire product; it will not be possible to exercise recess only on a part of the purchased product (eg accessories, attached software, etc ...); Once opened, it is not possible to make products:
▪ I. audiovisuals, software and consumables;
▪ II. products specially or created personally for the consumer;
▪ III. for perishable goods or those that change quickly;
▪ IV. for the purchase of newspapers or magazines;
▪ V. for services that, before the expiry of the deadline for exercising the withdrawal, have already been executed with the consent of the consumer.
◦ 02. the purchased product must be returned in its original packaging, complete with all the accessories and its documentation;
◦ 03. the product must be returned in perfect condition, products that show signs of damage, wear or dirt will not be accepted;
◦ 04. the returned product must have the same serial number on the invoice, otherwise, if the serial number is different, the withdrawal will not be accepted and the product will be made available again to the Customer, without any financial reimbursement from part of Archetive Global Software LTD against him;
◦ 05. The shipment for the return of the product is the responsibility of the Customer, until the moment in which Archetive Global Software LTD will confirm to have received the product. In the event that the product is damaged during the return to the warehouses, Archetive Global Software LTD will notify the Customer of the incident to allow him to lodge a complaint against the courier chosen by him and obtain the reimbursement of the value of the property, if this is assured; therefore, Archetive Global Software LTD will put the product at the disposal of the Customer, canceling the withdrawal.
• 05. The right of withdrawal expires if the Customer does not return the asset to Archetive Global Software LTD within 14 days from the date on which he said the withdrawal. The term is considered respected if the customer sends the goods before the expiry of 14 days. The right of withdrawal also expires in the event of a substantial defect of the returned product (lack of internal packaging and / or documentation and / or original packaging of the manufacturer, absence of elements and accessories of the product, damage, unsuitable return status) and in general in case of non-compliance with the conditions set out in paragraph 4. In all cases of forfeiture of the right of withdrawal, Archetive Global Software LTD will return the goods to the customer who will not be entitled to any refund.
CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE
The Archetive Global Software LTD reserves the right to terminate the contract with the customer / consumer by giving simple communication to the same indicating the relative reasons; in this case, the customer will be entitled exclusively to the refund of any sum already paid, the reimbursement of the sum for administrative reasons will take place within 14 working days following the date of cancellation of the order.
The obligations assumed by the customer point 4 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment made by the customer with the means referred to in point 2, as well as all other obligations envisaged by the consumer, are essential and Due to the effect, the default by the consumer and / or customer itself, even of only one of these obligations, will determine the termination of the contract as per art.1456 of the Civil Code, without prejudice to the right to Archetive Global Software LTD to sue for compensation for further damages.