General conditions of sale
General conditions of sale
The general conditions of sale (hereafter referred to as “General Conditions”) refer to all sales (hereafter referred to as “Services” or individually as a “Service”) supplied by Airselfie Holdings Ltd. via its domain, airselfiecamera.com (hereafter the “Site”).
Use of Services is permitted for users who have:
- a) viewed the personal data processing notice;
- b) accepted the General Conditions and consented to use of their data for purposes related to the supply of the Service.
Airselfie Holdings Ltd. informs users of the following.
The provider of Services under these General Conditions is:
Airselfie Holdings Ltd. of Honk Hong, 20/F CENTRAL TOWER 28 QUEEN’S ROAD, e-mail: firstname.lastname@example.org
In this document, Airselfie Holdings Ltd. shall be referred to as “Airselfie”.
The General Conditions shall also apply to any new Services that may be supplied by Airselfie in the future, unless otherwise specified at the time of registration or first supply of the new Service. The user is asked to print out a copy of the General Conditions and\or store them on hard disk.
NOTICE. These General Conditions apply only to individual adult consumers. “Consumers” means individuals who access the Airselfie Site and Services for purposes unrelated to their business, enterprise or profession.
- General information and applicability
1.1 These General Conditions apply to all sales to consumers by Airselfie via the Site.
1.2 The General Conditions may be changed at any time. Any changes and\or new conditions shall go into effect as soon as they are published in the “General Conditions” section of the Site. Users are therefore asked to view the Site regularly and check for publication of updated General Conditions.
1.3 The applicable General Conditions are those in effect at the time a purchase order is submitted, and any changes made to them after the order is placed will not apply to the contract of sale for the order in question.
1.4 These General Conditions do not govern the sale of products and/or supply of services by parties other than Airselfie present on the Site in the form of links, banners or other hypertext links. Airselfie is not responsible for the supply of services and/or sale of products by such parties. Airselfie does not check and\or monitor web sites that may be consulted through such links, and cannot therefore be held responsible for their content or for any errors and\or omissions and\or violations of the law by them.
2.1 Users may register on the Site in order to make purchases via the Site by ticking off the appropriate checkbox on the Site. To make a purchase, a user must view the personal data processing notice, consent to processing of his or her data for the purpose of supplying the Service, and approve the General Conditions. Failure to accept the General Conditions, failure to view the personal data processing notice, or failure to consent to data processing for the purpose of supplying the Service shall make it impossible for the user to register and make purchases via the Site.
2.2 Site registration is free. To register, users must fill in the registration form with the data required (hereafter the “Registration Credentials”).
2.3 The Registration Credentials must be used only by the user, and not disclosed to third parties. The user must notify Airselfie without delay in the event of suspicious undue use of his or her credentials. Users may make changes to their Registration Credentials at any time by accessing the “Account” section of the site.
2.4 The user guarantees that the Registration Credentials supplied during the Site registration procedure are complete, accurate and truthful. All operations performed using the Registration Credentials shall be considered to have been performed by the corresponding user.
2.5 Services are provided in Italian, English and German.
2.6 Users may register once only; Airselfie will delete multiple registrations.
2.7 Users may manage and save personal data in their “Account” area on the Site.
2.8 Airselfie reserves the right to refuse a user’s registration with valid reasons. Airselfie reserves the right not to accept orders, whoever may have submitted them, that appear anomalous in terms of the quantity of products purchased or the frequency of purchases on the Site.
2.9 Users may delete their Site registration at any time by sending an e-mail to email@example.com
- Pre-contractual notice
3.1 Airselfie informs users of the methods to be used to purchase products on the Site:
– the user must fill in an electronic order form and submit it to Airselfie over the internet, following the instructions appearing on the Site at various stages in the purchase process;
– before proceeding to submit the order form, the user must view information concerning Airselfie’s identity, the features of the product to be purchased and its price, including taxes, shipping costs and all other additional costs, the right to withdrawal, and the languages other than Italian in which the contract may be drawn up;
– the user may identify and correct any data entry errors following the instructions given on the Site at various stages in the purchase process;
– before submitting the order form, the user must declare that he/she accepts the General Conditions of Sale, has viewed the personal data processing notice, and consents to processing of data for the purpose of supplying the Service;
– Airselfie will register the order form after checking that the order and payment data are correct;
– once the order form has been registered, Airselfie will send an order confirmation e-mail to the user’s specified e-mail address, containing the General Conditions, information on the features of the product purchased, a price breakdown, the means of payment used, methods for exercising right of withdrawal, shipping costs, any other additional costs and information on the assistance service;
– the contract is considered closed when the user receives an order confirmation e-mail from Airselfie. Please keep this e-mail or store it on hard disk as proof of purchase;
– the order form will be kept on file in Airselfie’s database for the amount of time required to dispatch the order, and in all cases the amount of time required by law.
- Terms and conditions of purchase.
4.1 Offers published on the Site are available for a limited time period and with limited quantities of products. The date of validity of offers is specified on the Site.
4.2 All prices shown on the Site are expressed in euros (€) and include VAT. Shipping costs are paid by Airselfie.
4.3 The user will not be charged for payment at the time of order submission.
4.4 Airselfie will dispatch the purchase order and charge the payment to the user after sending an order confirmation e-mail to the user.
4.5 Airselfie reserves the right not to accept, or in any case not to confirm, orders from users with whom disputes are pending or to whom the circumstances described in points 2.8 and 5.1 apply.
5.1 The products offered on the Site are available limited quantities. It may therefore be the case that the product ordered is no longer available when the purchase order is submitted. If the product ordered is not available, the user will be promptly notified by e-mail, and the purchase order will not be confirmed.
6.1 Delivery will be made to the address identified by the user in the purchase order.
6.2 Delivery times will be as specified on the Site page concerned with product offers and specified in the purchase order confirmation.
In all cases, products will be delivered no more than 30 days after the date of closure of the contract, that is, of the date on which the user receives Airselfie’s order confirmation e-mail.
If this delivery deadline is not met, the user may agree with Airselfie on an additional time within which the delivery must be made.
6.3 If delivery should become impossible for reasons of force majeure known to Airselfie, Airselfie will contact the user by e-mail to inform him or her of the late delivery.
6.4 Delivery shall be considered completed when the product becomes available to the user at the address specified in the order form.
6.5 In the event of failure to deliver the order due to absence of the recipient at the specified address, the courier will leave a card notifying the user of the attempted delivery and containing instructions for picking up the package or arranging to have it delivered at another time. If the user should fail to pick up the package, and subsequent delivery attempts should fail, the product will be sent back to Airselfie.
30 days after the date on which the product is returned to Airselfie, the contract will be considered cancelled and the purchase order will be null. Airselfie will refund the payment to the user, reserving the right to request payment of the cost of returning and storing the product. The user will be notified of the cancellation of the contract and the amount of the refund by e-mail. The amount to be refunded will be credited to the means of payment used by the user to make the purchase. If the user asks to have the product purchased delivered again before this 30-day term is over, Airselfie will proceed with the new delivery, after charging the user for the cost of the new shipment, reserving the right to request payment of the cost of returning and storing the product.
6.6 If the package has clearly been tampered with or altered, the user must report this on the document supplied by the courier at the time of delivery and return it to the courier.
7.1 Users who purchase products which are not made to measure or customised via the Site are entitled to withdraw from the contract concluded with Airselfie, without having to provide justification or pay any penalties, within 14 days of the date on which the user or a third party other than a courier designated by the user comes into physical possession of the products. If multiple products are purchased in a single order and delivered separately, the 14-day time period will be considered to start on the date on which the user or a third party other than a courier designated by the user comes into physical possession of the last of the products.
In order to exercise the right to withdrawal, the user must notify Airselfie of his or her decision to withdraw from the contract in an explicit declaration which may be sent by e-mail to firstname.lastname@example.org. The user may use the withdrawal form at the end of the General Conditions of Sale to do so, sending the form to Airselfie by e-mail to email@example.com.
After sending Airselfie notification of withdrawal, the user will receive and e-mail confirming that the notification of withdrawal has been received. The user must then ship the product to Airselfie at the address provided below.
20/F CENTRAL TOWER 28 QUEEN’S ROAD
If you require any more information, please contact e-mail: firstname.lastname@example.org
The user must return the product in its original packaging, with all accessories and documents. The user is asked to enclose a copy of the order confirmation and a copy of the receipt shipped with the order in the package.
The user shall pay for the cost of returning the product after exercising the right to withdrawal.
7.2 In the event of withdrawal users will be refunded all payments made, including any shipping costs for shipping to the user that may have been paid by the user, excluding additional costs resulting from choice of a type of delivery other than standard delivery, without delay and no more than 14 days after the date on which Airselfie was informed of the decision to withdraw from the contract.
Airselfie will refund the payment to the same means of payment used by the user to make the purchase, unless the user expressly agrees on another method. Refunds will be made in the currency in which the purchase was made.
In no case, will users be charged any cost as a result of the refund.
Refunds may be suspended until returned products are received or until the user demonstrates that he/she has shipped the products, whichever is earlier.
7.3 In the event of withdrawal the user will return products to Airselfie within 14 days of the date on which he or she notified Airselfie of his/her intention of withdrawing from the contract. This deadline shall be considered met if the user ships the products prior to the end of the 14-day period.
The user shall be held liable for any decrease in the value of products resulting from handling in any way other than that necessary to determine the nature, characteristics and functioning of the products. Users may therefore be held liable for the decrease in value of products returned if they have been used for purposes other than examination to determine their quality and tests conducted on them to ascertain their functioning. Airselfie reserves the right to ask users to pay compensation for such a decrease in value.
7.4 There is no right to withdrawal in the case of made-to-measure or customised products.
There is no right to withdrawal for products purchased via the Site for less than € 50.00 or products which cannot be returned or could rapidly deteriorate or be altered, or opened products, in the case of sealed products which cannot be returned for health or hygiene related reasons.
In such cases, the provisions of points 7.1, 7.2, 7.3 shall not apply.
8.1 Products purchased on the Site may be paid for using Paypal or a credit card.
- Guarantees and nonconformity
9.1 Products offered via the Site comply with current national and EU legislation.
9.2 All products sold on the Site are covered by a Legal Guarantee of Conformity under consumer production legislation (“Legal Guarantee”).
9.3 In the event of a problem with the conformity of products purchased with the description published on the Site, the user shall be entitled to repair or replacement of the product at no additional cost, if possible in view of the number of specimens still available for sale and unless repair or replacement would be unduly expensive for Airselfie in relation to the value of the product without the defect in conformity and the extent of the defect. Alternatively, the user may cancel the contract or obtain a price reduction as stated below.
Users are asked to contact Airselfie Customer Service by e-mail: email@example.com to reach an agreement on the best solution.
9.4 Airselfie is responsible to users for any nonconformities in existence at the time of delivery of the product or appearing within two years of delivery. Nonconformities must be reported to Airselfie, on pain of forfeiture of the guarantee, within two months of the date on which they are discovered. No action may be taken in relation to claims of product defects twenty-six months after delivery of the product.
9.5 Unless otherwise demonstrated, it shall be presumed that all nonconformities appearing within six months of product delivery already existed at the time of delivery, unless this hypothesis is incompatible with the nature of the product or the nature of the nonconformity. In order to make claims under the Legal Guarantee, users must therefore provide evidence of the date of purchase and delivery of the product.
9.6 In the event of cancellation of the contract, Airselfie will refund the price paid to the user, along with possible shipping costs and any additional costs.
In all cases, the user will be identified of the amount of the refund by e-mail and it will be credited to the means of payment used to purchase the product.
The user must reach an agreement with Airselfie on how the products will be returned.
9.7 The Legal Guarantee does not cover products which are repaired, modified or altered in any other way by the user. It does not cover any failures or malfunctioning which are the user’s responsibility or result from use of the product for purposes which do not conform to its intended use and/or to the instructions provided in the technical documents delivered with the product and/or the instructions for its use.
- Additional obligations and responsibilities of Airselfie
10.1 Airselfie agrees to correct any errors that may be present in the description of the products offered by the Site as quickly as possible once they are reported. Errors of this kind may be reported by contacting Airselfie at the addresses and telephone numbers specified in the preamble.
- Suspension of Service
11.1 Airselfie reserves the right to temporarily suspend the supply of Services for the amount of time strictly necessary to perform technical adjustments necessary and/or appropriate to improve the quality of the Services.
11.2 Airselfie can interrupt the supply of Services at any time in the presence of motivated reasons pertaining to security or violation of confidentiality, notifying users.
- Site content and intellectual property rights.
12.1 Site content, such as, by way of example, works, images, photographs, dialogues, music, sound and videos, documents, drawings, figures, logos and all other materials published on the Site in any form, including menus, web pages, graphics, colours, diagrams, instruments, the font and design of the web site, diagrams, layout, methods, processes, functions and software, are protected by copyright and by all other intellectual property rights of Airselfie and possibly of third parties.
Airselfie owns all industrial property rights to products sold via the Site.
Reproduction, modification, duplication, copying, distribution, sale or any other use of Site content and images without Airselfie’s prior written authorisation is prohibited. Unauthorised use of Site content for commercial and/or advertising purposes is likewise prohibited.
12.2 All unlawful use of these distinguishing signs is prohibited. Distinguishing signs present on the Site may not be used to obtain undue benefits thanks to their distinctive features or reputation.
12.3 In no case may users alter, change, modify or adapt the Site or the material provided by Airselfie.
- Final provisions, applicable law and jurisdiction.
13.1 Airselfie recommends that users use the product(s) purchased on the Site in accordance with the provisions of the law in the country where the product(s) is/are used, including those established by the competent local authorities.
13.2 The court of the user’s place of residence or domicile will have jurisdiction over all disputes concerning these General Conditions.
Under art. 14 of Regulation 524/2013/EC, users are informed that, in the event of a dispute with Airselfie, they may present a claim via the European Union’s ADR or ODR platform (Alternative Dispute Resolution or Online Dispute Resolution) available at the following link http://ec.europa.eu/consumers/odr/. The platform in question constitutes a point of access for users who wish to settle disputes resulting from online contracts for sales or services. For this purpose, please note that Airselfie’s e-mail address is as follows: firstname.lastname@example.org Users retain the right to file a claim before the competent court, no matter what the results of the out-of-court settlement procedure.
13.3 If a professional makes a purchase on the Site, the contract of sale will be subject to British law, and the court of London will have exclusive jurisdiction in the event of a dispute.