GENERAL TERMS OF SALE - E-COMMERCE

This document contains the General Conditions of Sale (hereinafter "General Conditions") of ReLoad Ltd (VAT MT 25027908) with registered office in 121, Triq G. Agius Muscat, Zabbar, ZBR 3400, MALTA (hereinafter for brevity "Seller"), for the online sale of hi-tech products.

1. Object and registration on the website

1.1 The General Conditions set out below regulate all sales contracts to be entered into between the Seller and the person who submits the purchase order for the Products (hereinafter, the "Buyer"). It is exclusively a professional person, who acts for commercial or professional purposes. These contracts may be concluded electronically, through an online service managed by the Seller, accessible through the e-commerce platform provided through the site https://www.fotofenice.com/ (the "Site"), of which the Seller is the exclusive owner, who provides the Buyer with access to discover and purchase the Products through various electronic interfaces (the "Service"). The Buyer is required to register as a user on the Site; by registering, the Buyer, by accessing and using the Service, confirms that he has read the "Privacy and Cookie" information also contained on the Site and also confirms that he is legally bound by it. The Buyer is authorized to use the Service only if he accepts all the applicable rules referring to this contract. Registration requests are in any case subject to discretionary approval by the Seller. By placing orders in this way, the Buyer also declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions transcribed below, which constitute an integral part of the contract.

1.2 The Buyer must carry out the registration process for the Service as well as indicate his email address and whatever else will be requested by the Seller through the Service. The Buyer is required to maintain the confidentiality of the assigned password and account and will be solely responsible for all activities carried out with his password or account. The Buyer also undertakes to:

(a) immediately notify the Seller of any unauthorized use of his password or account or of any breach of security;

(b) verify that you log out of your account at the end of each session.

The personal information that the Buyer provides in the registration form will be collected in accordance with and for the objectives expressly defined in the Seller's "Privacy and Cookie" information, as reported on the latter's Site.

1.3 The Seller reserves the right, at its discretion, to change, modify, add or delete part of the conditions of use of the site as well as the General Conditions at any time without further notice. In these cases, the Seller will publish the changes to the terms and conditions of the Service. If the Buyer continues to use the Service after applying the changes to the General Conditions, it means that he accepts the revised terms and conditions.

1.4 If at any time the conduct of the Buyer is not in compliance with the General Conditions, the Seller reserves the right to immediately cancel and block the access of the Buyer to the Service (or to any part thereof) and / or his user account. Furthermore, the Buyer undertakes to release the Seller from any responsibility for any blocking or cancellation of his access or use of the Service. The Buyer undertakes to use the Service only for legitimate purposes and, in particular, without violating or infringing, in any way, the rights of other users; behaviors that, at the Seller's discretion, limit or prevent other users from using and making full use of the Service are also not authorized.

2. Conclusion of the contract and billing

2.1 The Buyer can purchase the products visible at https://www.fotofenice.com, illustrated on the homepage of the Site within the respective sections by product category, as described in the relevant information sheets. The purchase proposal that the Buyer transmits to the Seller must contain the precise identification of the "Product Code", the name, the price and any other element required by the Service through the various electronic interfaces present on the Site. made the purchase, the Buyer has the possibility to choose the payment method he prefers.

2.2 It is understood that no order will be binding unless, and as long as, it is accepted by the Seller through its own computer system. The acceptance of the order by the Seller is confirmed by sending a confirmation e-mail to the e-mail address communicated by the Buyer when registering on the Site. The Seller reserves the right, at its sole discretion , not to accept the order. The Buyer undertakes to verify the correctness of the data in the order confirmation email and to promptly report system errors to the Seller. The order confirmation email contains the following data: Order number and date; Product / s, quantity, price; Type of payment chosen; Cost of Transportation; Total order amount.

2.3 Once the purchase has been made by the Buyer, the Seller will send the relative invoice to the email indicated by the latter at the time of registration, within approximately 15 (fifteen) days from the delivery date.

2.4 By placing an order, in the manner provided in points 2.1 and 2.2, the Buyer declares to have read all the information provided to him during the purchase procedure and to fully accept these General Conditions.

2.5 The correct receipt of the order is confirmed by the Seller by means of an e-mail response sent to the e-mail address communicated by the Buyer. 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 FotoFenice. The message repeats all the data entered by the Buyer who undertakes to verify the correctness and to communicate any corrections, according to the methods provided.


3. Products

3.1 The products published on the site can be:

- "available", ie physically in stock and therefore, as such, can be ordered by the Buyer. The "available" products are always new and never used or reconditioned;

- "not available" in stock. In this case the product cannot be ordered by the Buyer and, if he wishes, he can leave his e-mail address to be notified if the product itself will be available again;

- "made to order". In this case the product can be ordered by the Buyer even if it is not physically available in the warehouse. The Seller will order the item chosen by the Buyer from its supplier. The times necessary for the receipt of these products by the Seller vary between 3 (three) and 10 (ten) working days, and are in any case expressly indicated both in the catalog and in the product sheet.

3.2 The software of the products is in Italian (unless otherwise specified), the paper manual may almost certainly not be in Italian but can be downloaded in pdf from the websites of the houses free of charge. Power supplies or chargers / chargers may have a different plug from Italian sockets, in this case we will insert a suitable Italian adapter.

3.3 If the order concerns a "body" / "body only" camera, there may be the possibility of receiving the package also showing the lens kit, because the availability of these products is very limited; therefore to speed up delivery, a kit product is ordered and our staff will remove the lens inside. It could also occur by ordering a lens "included in the kit series" and then receiving it in a "bulk" package (white or blistered box), this is because it is "taken" from packages combined with camera + lens; in this case the target price is discounted compared to the list price.

 

3.4 The technical information on the site is faithfully reproduced by the manufacturers and / or manufacturers of the products. The seller reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without any prior notice. The Seller declines all responsibility for their content. It is understood that the image accompanying the product description sheet may not be perfectly representative of its characteristics, and differ in color, size, and accessories shown in the figure. All information is intended as simple generic information material, not referable to the real characteristics of the individual product.

3.5 For products indicated with availability 7/10 (working) days, therefore orderable, the unavailability of the product on the market may occur, given the interest of the seller at the conclusion of the sale in the specific case no responsibility can be attributed to the same that undertakes to refund any sums paid without any additional charge.

4. Prices

4.1 The sales prices are expressed in euros (€), are those shown on the Site for each product and shown on the purchase receipt / invoice. They are net of VAT, with reference to European and non-European economic operators operating outside the Maltese territory; they do not include shipping costs.

4.2 Without prejudice to the previous provisions referred to in point 4.1, the Seller reserves the right to change the price of the products at its discretion and at any time.

4.3 Information on the availability of the products we sell are listed on the website, in these conditions of sale, as well as on the presentation page of each product. In addition to the information provided on these pages or elsewhere on the site, we are unable to give more precise indications regarding the availability of the products. We invite you to consider that the estimated times of sending and delivery of the products are purely indicative and it is not possible to rely totally on them. Once the order has been received by the buyer, we will communicate by e-mail or by posting a notice in the customer account message center, if some of the products ordered are not available.

Despite all our efforts, we cannot exclude that for a small part of the products in our catalog, a price different from the actual one is indicated by mistake. In any case, we will check the correctness of the prices of the products during the process of verifying the order and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site is lower than the correct sale price of a product, we will contact the buyer to verify the desire to purchase the product at the correct price. Otherwise the order cannot be accepted. The Seller reserves the right to cancel and refund at its discretion and in any order of the buyer.

                                                                                    

5. Method of payment

5.1 The purchases made on the site www.fotofenice.com are safe and guaranteed and you can choose between the different payment methods, all safe and certified, the one that is most convenient between: Credit Card Payment; Payment with Paypal; Payment by bank transfer in advance.

- Payment by credit card: In the case of purchase by credit card, HiPay will authorize only the debit of the amount relating to the purchase made. If the Buyer changes his mind and decides to cancel the order or in any other case of termination of the contract, the Seller will be asked to cancel the transaction and the amount committed will be returned to the Buyer. The release times depend exclusively on the banking system and can reach their expected expiry (24th day from the authorization date). Once the transaction has been canceled, the Seller cannot in any case be held responsible for delays and / or damages caused by the banking system. The Seller reserves the right to request additional information from the Buyer (for example, a fixed telephone number) or to send a copy of documents proving ownership of the card used. In the absence of the required documentation, the Seller reserves the right not to accept the order.
At no time during the purchase procedure is the seller able to know the information relating to the buyer's credit card, as they are entered on the bank's website

 

- Payment with PayPal: PayPal is a very simple, fast and reliable payment method that is increasingly popular on the web and also allows you to buy without entering your credit card data on the site where you are shopping. In fact, by selecting the payment with PayPal the Buyer will be redirected to a page on the PayPal site where he will enter the access data of his account and make the payment. In this case, your financial data will not be shared with the Seller but will be managed directly by PayPal. Alternatively, the Buyer can use his credit card on the PayPal circuit without needing to have an account. If the Buyer cancels the order or for any reason the Seller does not accept the payment, the amount will be refunded to the buyer's PayPal account. The Seller cannot be held responsible for delays and / or damages caused during the refund phase (the paypal payment method is subject to limitations and additional commissions).

- Payment by bank transfer in advance: If the buyer decides to pay by bank transfer in advance, the order will be taken over only after receiving confirmation of the credit from the bank. Payment must be made within 7 (seven) days from the date of the order, once this deadline has passed, the order will be automatically canceled.

Attention: the availability of the products will be evaluated only at the moment of the accreditation, therefore it is possible that some products on the site at the time of the order are no longer available. In the event that the ordered product is not available, the seller agrees to contact the customer by e-mail to inform of the time required for delivery of the ordered product or to communicate that, given the unavailability, the Buyer will be refunded. consideration amount. The availabilities indicated on the site are indicative and in no case represent a contractual obligation.

6. Shipping and delivery.

6.1 Shipping costs are calculated automatically based on the courier chosen and the shipping methods. The choice of the courier is at the discretion of the Buyer who can freely indicate the carrier he intends to use. On this point it is underlined that in order to guarantee a fast shipping service, the Seller has an agreement with the MailBoxes centers, as well as the major couriers in the area. We do not make postage shipments to companies that provide domiciliation services. The delivery of the ordered goods is meant on the street level.

6.2 It is specified that there is no additional cost such as duties, customs or taxes on delivery. Delivery takes place within the times indicated in the product sheet, in principle no later than 15 (fifteen) days. from purchase in case of product that can be ordered and not immediately available. Upon delivery of the goods, the Buyer is required to check that the packaging is intact and unaltered. It is also required to sign the proof of delivery to the courier and if anomalies are found, the Buyer must contest the shipment by affixing the word "CONTROL RESERVE", and specify the reason. Without specifying the reason for the reservation of control, the Buyer will not be able to contest in any way any damage to the contents of the boxes and will not be able to avail of insurance coverage against theft and damage if requested at the time of the order. The Buyer must subsequently report the shipping problems to the Seller. In the event of inventories due to reasons unavailable to the Buyer or communication of an incorrect address, which lead to the return of the package to the Seller, the Buyer is required to pay for a new shipment.

7. B2B guarantee.

7.1 The products on sale on the Site all have a 1 year legal guarantee from the seller, from the delivery of the product. The "Seller must guarantee to the Buyer that the thing sold does not have" Vices ", ie defects that can compromise its value, nor" Lack of quality ".

 

7.2 Should the Buyer find defects in the thing sold or lack of quality of the same, the remedies provided are two, at his choice:

a) a proportional decrease in the price (in commercial terms we would say a "discount"), a remedy, this, which is however not allowed in the case of lack of quality;

b) the termination of the contract, i.e. the return of the product to the Seller and consequent refund of the price. The complaint with which the Buyer complains about the defects of the thing sold must be sent in writing to info@fotofenice.it within 15 (fifteen) days from the discovery of the same.

7.3 In case of defects reported according to the methods and times referred to in the previous paragraph, the Seller will collect the product at the Buyer's home and send it to any partner assistance center; transport costs and all management is entirely borne by the Seller.

7.4 To take advantage of warranty assistance, the Buyer must keep the invoice he will receive after delivery of the goods, by e-mail.

7.5 In the event of a lack of conformity, the Seller shall, at no cost to the Buyer, restore the conformity of the product by repair / replacement or reduce the price, until the contract is terminated.

7.6 If, following intervention by an Authorized Assistance Center, a lack of conformity is not found, the Buyer will be charged for any verification and restoration costs required by the Authorized Assistance, as well as the transport costs.

7.7 In the event that the repair or replacement of a product under warranty is not possible, the product will be replaced (if still listed) or with another of the same value or with the same characteristics, or to release a discount coupon of the same amount that can be spent on another product, valid for 6 months.

7.8 No damage will be requested from the Seller for any delays in carrying out repairs or replacements of products under warranty.

7.9 The buyer, in case of returning the product, must put it in the original packaging, complete in all its parts (including packaging, documentation, manuals, cables ...)


8. Right of withdrawal:

8.1 Pursuant to the Consumer Code in implementation of Directive 2011/83 / EU, Customers who purchase online on the website www.fotofenice.com can decide to withdraw from the purchase made, for any reason and without any penalty, obtaining a refund of the expense supported. This right is reserved exclusively to natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons who act for purposes related to the professional activity that may be carried out; merchants, wholesalers and entities are therefore excluded from this law;

Customers who purchase with a VAT number cannot exercise the right of withdrawal

8.2 This legislation applies only to distance contracts for purchases made outside commercial premises.
The customer has the right to return the goods within 14 days of receipt provided that the right of withdrawal is communicated in advance by registered mail or e-mail, the goods to be returned must be sent to the following address:

ReLoad Ltd
at MBE
Via San Leonardo, 117
84131 Salerno - SA

Contact details to communicate the right of withdrawal:
E-mail: ordini@fotofenice.com
Registered mail: ReLoad Ltd, Triq G.Agius Muscat 121, Zabbar ZBR 3400 MALTA

8.3 The right of withdrawal is subject to the following mandatory conditions:

- the Customer can only return the entire product, not just some of its parts (e.g. accessories, attached software, etc.). The law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, attached software, cables, manuals, etc ...);

- the product must be returned in its original packaging, complete with all accessories and its documentation, intact and unused;

- the right of withdrawal cannot be exercised by the Buyer if the products purchased consist of sealed computer software, which have been opened by the Buyer himself;

- the product must be returned in perfect condition, products that show signs of damage, wear or dirt will not be accepted;

 

- the returned product must be the one originally purchased on the website www.fotofenice.com if, following a check carried out by the Seller, the serial number is different, the withdrawal will not be accepted and the product will be made available to the customer again, without no financial reimbursement by the Seller against him;

- the shipment for the return of the product is paid by the Buyer and, up to the time of receipt by the Seller, it is the Buyer who responds. To avoid damage to the original packaging, it is preferable to insert it in a second box, avoiding the affixing of any label or adhesive tape directly on the original packaging;

- in the event of damage to the goods during transport, the seller will notify the Buyer of the incident (within the working day following receipt of the goods in its warehouses), to allow a timely complaint to be made against the courier chosen and to obtain a refund of the asset value (if insured); in this case, the product will be returned, with shipping costs paid by the Buyer, simultaneously canceling the request for withdrawal;

- the Seller does not respond in any way in the event of damage, theft, loss of goods returned by shipments not insured by the customer for the return of the goods;

-The Buyer is solely responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods; the Buyer should handle and inspect the goods with due diligence, in the same way that he would be allowed to do it in a shop;

- upon arrival in the warehouse, the product will be examined to assess any damage or tampering not caused by transport, lack of the original external / internal packaging, absence of integral elements of the product (accessories, attached software, cables, manuals, etc.). .);

- once the products have been received (and their integrity has been verified), the Seller will reimburse the Buyer the sums paid in the shortest possible time and in any case within the established terms (maximum within 14 days).


8.4 The right of withdrawal even if already exercised lapses if the customer does not return the goods to the Seller within 30 days of communication. For the purposes of the expiration of the term, the goods are considered returned when they are delivered to the carrier or shipper.
The Seller will refund within 14 days from the date of return of the product to the indicated office.
For purchases made by bank transfer, the Seller will proceed with the refund by bank transfer.
For purchases made by payment by credit card, the refund will be made by transferring the transaction directly to the credit card.
For purchases made by PayPal payment, the refund will be made by crediting the Buyer's account.

8.5 The right of withdrawal is lost for lack of the essential integrity of the property (packaging and / or its contents), in cases where the Company ascertains:

    The lack of the original external / internal packaging.
    The absence of integral elements of the product (accessories, attached software, cables, manuals, etc ...).
    Damage to the product for reasons other than its transport: used products that show signs of damage or dirt and that are consequently no longer believed to be intact, or that show obvious or partial damage on the original packaging, will not be accepted.

8.6 Under no circumstances will cash on delivery parcels be collected.

8.7 In case of forfeiture of the right of withdrawal, the Seller will return the purchased good to the sender, charging the shipping costs to the sender.

9. PERSONAL DATA-PRIVACY PROCESSING

9.1 See the privacy policy at the following link https://www.fotofenice.com/content/cookie-policy.html

10. COOKIES

10.1 See the following link to the cookie policy https://www.fotofenice.com/content/cookie-policy.html

11. LIMITATIONS OF USE OF THE WEBSITE

11.1 The Seller prohibits any behavior or action that has the purpose of:


- access www.fotofenice.com through software and / or hardware tools for the systematic recovery of information or for fraudulent use of its contents;
- reproduce any section of the website on other sites without written approval from ReLoad Ltd;
- create hypertext links that display www.fotofenice.com within frames of other sites without written approval from the company Reload Ltd.

 

11.2 Any use of www.fotofenice.com or its contents that could harm other users of the site, violate their rights, otherwise interfere with the correct functioning of the website or adversely affect the information presented on the site is prohibited. web or management software. It is not allowed to use the website under a false name, nor to circumvent the security measures provided for the inaccessible sections of the site. Any use of www.fotofenice.com or all its sections, which could constitute a criminally relevant conduct, is prohibited, any abuse will be prosecuted in accordance with the law.

12. Autonomy

12.1 If any clause of these General Conditions is considered invalid or ineffective, such invalidity or ineffectiveness will not compromise the validity of the other clauses which will continue to be fully effective.

13. Applicable law

13.1 These General Conditions, as well as any sales contract concluded between the Seller and the Buyer, will be regulated and interpreted in accordance with Maltese law.

14. Jurisdiction and competent court

14.1 For any and all disputes arising from these General Conditions and from the sales contracts concluded on the basis of them, the exclusive jurisdiction will be that of Malta and the jurisdiction will belong exclusively to the Court of Malta.