Tutto Piscine Online Srl VAT No.: 03023220605 Address: Via Armando Vona, 81 – 03100 Frosinone (FR) PEC: ecoambiente-srl@arubapec.it (pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 and subsequent amendments and additions) The Customer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be available at all times by the Customer also through the link contained in the confirmation email of each order to allow him to reproduce and store them.

1. SUBJECT

1.1. The following terms and conditions of purchase (hereinafter, the “Terms and Conditions”) govern the contractual relationship between the Customer and Tutto Piscine Online Srl, as identified below (hereinafter referred to as ” Tutto Piscine Online Srl “), and together with the purchase prices published on the Internet site and in effect at the time of purchase constitute the set of provisions applicable to the contract.

2. SCOPE AND CONCLUSION OF THE CONTRACT

2.1. The online offer and sale of products constitutes a distance contract governed by Articles 45 et seq. of Legislative Decree September 6, 2005 no. 206 (“Consumer Code”) and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce. 2.2. The Customer is required to read these Terms and Conditions carefully. 2.3. The applicable Terms and Conditions are those in effect on the date of transmission of the purchase order. They may be modified but any changes will be in effect between the parties from the time of their publication on the Site and will take effect only with respect to orders after publication. 2.4. These Terms and Conditions apply only to the territory of Italy.

3. CUSTOMER IDENTITY

3.1. Pursuant to Art. 3, I paragraph, lett. a) of the Consumer Code, is Customer the natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity. 3.2.
Tutto Piscine Online Srl che offre e vende i prodotti e servizi pubblicizzati sul sito internet è identificata come segue: https://www.tuttopiscineonline.it P.IVA: 03023220605 Indirizzo: Via Armando Vona, 81 – 03100 Frosinone (FR) PEC: ecoambiente-srl@arubapec.it contenuto nel logo identificativo nazionale, anche presente su questo sito internet, secondo quanto previsto dall’art. 112c d.lgs. 223/2006 as amended by Leg. 55/2014.

4. PRICE OF PRODUCTS AND SERVICES AND PAYMENT METHOD

4.1. The advertised price of products and services, always shown in euros, is inclusive of taxes, delivery charges and related to the payment methods used. 4.2.
modalità di pagamento: Carta di Credito e PayPal Con questo metodo di pagamento puoi utilizzare la carta di credito per i tuoi acquisti in modo completamente sicuro. To do so, during the order confirmation, you must choose the option “Pay by Credit Card” or “Pay by PayPal.” You will then automatically be redirected to the page where you could enter all your card details to complete the payment. On our site we accept credit cards: Visa, Mastercard, PayPal Please note that Tutto Piscine Online Srl at no time during the purchase process does not have access to your credit card information. Bank Transfer Transactions may alternatively be made by bank transfer according to the instructions provided at the time of purchase.

5. MODE OF DELIVERY AND SHIPPING

Home delivery Products purchased on Tutto Piscine Online Srl are delivered throughout Italy and Europe. Shipments are handled through Spedy Fast express courier, which will rely on Fercam for larger volumes. Delivery times are guaranteed within 24/72 hours for the national territory and within 72/120 hours for the islands, except for exceptional cases such as labor strikes or overloading of goods in the locations. Regarding shipments outside Italy, the timing is variable, agreed upon later with the customer. Shipping costs are variable and the responsibility of the buyer: Shipping costs are based on the weight/volume range of the package.  

TRANSPORT IN ADR

We recommend, for your pool chemical purchases, to. rely on Suppliers who comply with the rules dictated by this legislation and therefore entrusting this type of product To carriers who are familiar with ADR.

This is an aspect that should not be underestimated as. operators know the dangers posed by the dangerous goods and manage it in such a way as to minimize accidents

All Pools Online is constantly striving to protect the safety of its customers and the integrity of each individual product.

Therefore, most of our chemicals are shipped and delivered by courier specialized in ADR dangerous goods transportation and logistics with dedicated and specially equipped vehicles.

ADR (regulations governing the transport of dangerous goods by road) aims to prevent and eliminate all risks that may involve the integrity of people, damage to goods and environmental pollution.

In fact, every shipment is subjected to strict controls.
Compliance of the goods and accompanying documentation is checked, ensuring that all stages of distribution are in line with current ADR regulations.

To carry out this type of transportation, delivery times may be slightly longer than those of non-specialized express couriers.
This is a key condition to ensure maximum security on every chemical shipment.

The delivery service complies with the regulations on the transportation of hazardous products, as per the 2019 ADR legal requirement.

* Almost all Swimming Pool chemicals fall under the prescribed cases of the ADR regulation, and the Tutto Piscine Online delivers exclusively by courier specialized in ADR.

 

6. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT

In accordance with Legislative Decree April 9, 2003, no. 70 bearing provisions on electronic commerce, we inform the Customer that:

• in order to make a purchase of one or more Products on the site, the Customer must complete an order form in electronic format and transmit it electronically, following the instructions that will appear from time to time or log in to his/her personal account
• before proceeding to the transmission of the order form, the Customer may identify and correct any errors in data entry by following the instructions from time to time indicated on the site and that will accompany the different stages of the purchase and accept the General Conditions of Sale;
• once the order form is registered, an “Order Registration Confirmation” e-mail containing a summary of the order will be sent to the Customer at the e-mail address provided. The order form will be stored in the database for as long as necessary for its execution and, in any case, within the terms of the law.
• The language available to customers for the conclusion of the contract is Italian.

7. RIGHT OF WITHDRAWAL

The right of withdrawal is governed by the Legislative Decree no. 206 of 06/09/2005, Article 52 which grants the right to withdraw from the purchase contract to an individual who purchases goods without purposes related to professional activity, or if he or she does not indicate the VAT number in the order form. Please note, that all return costs are the responsibility of the customer, and that Tutto Piscine Online Srl disclaims any responsibility for any damage, theft or loss of the goods during this procedure. Once the item arrives at the warehouse, it will be placed on inspection for damage in transit. After the evaluation, a refund will arrive via the payment method that was used during the purchase. The return is LOADED by the customer who can return the product using the shipping method they find most convenient. 7.1.
Termine per il Recesso Il Cliente dispone di un periodo di quattordici giorni per recedere dal contratto senza dover fornire alcuna motivazione.
7.2.
Decorrenza Il predetto termine decorre:

1. (a) where a service is offered from the day of contract conclusion
2. (b) in the case of the sale of a product, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the good or:

• in the case of multiple goods ordered by the Customer through a single order and delivered separately, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last good;
• in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece;
• in the case of contracts for periodic delivery of goods during a specified period of time, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the first good.

7.3.
Obblighi a carico Tutto Piscine Online Srl Tutto Piscine Online Srl, a seguito del Recesso del Cliente:

• shall promptly notify the Customer of an acknowledgement of receipt, in a durable medium, of the exercised Withdrawal;
• shall refund to the same all payments received, including delivery charges, without undue delay and in any case within fourteen days from the day of the notice of the Right of Withdrawal.
• Tutto Piscine Online Srl makes the refund using the same means of payment used by the Customer, unless otherwise agreed upon after payment.

7.4.
Obblighi a carico del Cliente Sono a carico del Cliente i costi di spedizione per la restituzione dei prodotti ricevuti che dovranno essere spediti entro quattordici giorni dalla data in cui ha comunicato a Tutto Piscine Online Srl la sua decisione di recedere dal contratto.
7.5. Substantial integrity of the asset is a prerequisite for the exercise of the Right of Withdrawal. The Product must then be cared for with normal diligence and returned undamaged, complete in every part, fully functional and free of signs of wear and tear or dirt. 7.6. Exceptions to the Right of Withdrawal – products for which the Right of Withdrawal is excluded. The right of Withdrawal cannot be exercised:

1. (a) In case of purchase of medicines and medical devices;
2. (b) in case of purchase of food, beverages and other goods for current consumption;
3. (c) in the case of a contract concerning a service after the service has been fully provided if the performance of the contract has begun with the express agreement of the Customer;
4. (d) in the case of supplying custom-made or clearly customized goods;
5. (e) in the case of supplying goods that are likely to deteriorate or expire rapidly;
6. (f) in case of delivery of sealed goods that are not suitable for return for hygienic or health protection related reasons and have been opened after delivery;
7. (g) in case of supply of goods that after delivery are by their nature inseparably mixed with other goods.

8. LEGAL WARRANTY

All products displayed on the Tutto Piscine Online Srl website are covered by the conformity warranty allowed by D. Lgs. September 6, 2005 no. 206 (Consumer Code, Art. 128-135) which regulates the sales of consumer goods. To the Customer, a warranty of conformity is offered with the duration of 24 months from the time of purchase. To take advantage of this warranty, you must keep the receipt (invoice) along with the item received. Warranty on purchased products
Products sold on tuttopiscineonline.it by Tutto Piscine Online, an e-commerce site of Eco Ambiente Srl, are covered by a 24-month warranty from the date of invoice provided that the customer is the “consumer” as stipulated in Article 1519 bis Cod.
Civ. according to which:

Consumer: Any natural person acting for purposes outside his or her business or professional activity, if any.In other cases, the products are covered only by the manufacturer’s warranty and is provided in the manner set out in the documentation in the product packaging.

The 24-month warranty in accordance with DL 24/02 applies to the product that presents a conformity defect, provided that the product itself is used correctly, in accordance with its intended use and as provided in the attached technical documentation.
This warranty is reserved for the private Consumer.
In case of conformity defect, Eco Ambiente Srl provides, without cost to the Customer, the restoration of conformity of the product by repair / replacement or reduction of the price, until the termination of the contract.
If, following technical intervention by our staff , the defect does not prove to be a lack of conformity in accordance with DL 24/02, the Customer will be charged for any costs of verification and restoration, as well as transportation costs if incurred by Eco Ambiente Srl.

In order to enforce your warranty, you must send the product, at your own expense, within the 10 business days prior to the warranty expiration date and only after requesting a return authorization to the e-mail address info@ecoambiente-srl.com where you will also be explained how to return.

Eco Environment Ltd., after a thorough inspection and physical verification of the condition of the material, has the right to reject it, and in the event that it is damaged or not purchased on tuttopiscineIonline.it, send it back at your expense.

The warranty is automatically void in case of misuse or tampering with the material.
Replacement of the product will take place as soon as possible, and in case of unavailability of the product you will be offered a similar product.
No damage can be claimed to Eco Ambiente Srl for any delays in making repairs and/or replacements. For any further information you may contact our customer service department.Transport damage

Delivery of the goods requires the presence of the Customer or his/her designee at the recipient’s address indicated in the order.
Upon delivery of the goods by the courier, the Customer is required to check:

1. that the number of packages being delivered corresponds to what is indicated on the courier’s document;

2. that the packaging is intact, not damaged or wet or otherwise altered, even in the sealing materials.
Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately contested, placing a control reserve specification written on the Courier’s proof of delivery.
Once the Courier’s document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered.
In any case the maximum time limit for reporting transport damage not visible at the time of delivery is 8 days from the time of delivery.RefundThevalue refunded will be equal to the value of the purchased item . 8.1. In the event of a Conformity Defect, i.e. delivery of goods with defects or faults or which are different from those provided for in the contract of sale, i.e. unsuitable for the use for which goods of the same type are normally used, different from the description published on the site or which do not manifest the promised qualities, the provisions on Legal Warranty in Articles 128 et seq. of Leg. 205/2006 (Consumer Code). 8.2. Excluded from the scope of the Legal Warranty are any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the product not in accordance with its intended use and/or with the provisions of the technical documentation attached to the product. 8.3. Tutto Piscine Online Srl is liable when the Conformity Defect becomes apparent within two years from the delivery of the goods, unless there is a conventional warranty beyond that period. In the case of the sale of used goods, the warranty referred to in the preceding paragraph may be limited to a period of time but not less than one year. 8.4. Customer must report the defect or Defect to Tutto Piscine Online Srl within two months of discovery (unless Tutto Piscine Online Srl has acknowledged or concealed the existence of the Defect). 8.5. Conformity Defects arising within six months of delivery of the good are presumed to have existed on that date, unless such assumption is inconsistent with the nature of the good or the nature of the Conformity Defect. 8.6. An action to enforce defects not maliciously concealed by the seller shall be time-barred within twenty-six months from the delivery of the goods (however, the Customer who is sued for the performance of the contract may always enforce the rights under this Article provided that the Conformity Defect has been reported within two months from discovery and before the expiration of two years from delivery). 8.7. In the event of a Conformity Defect, the Customer may request, without charge (including shipping charges), restoration by repair or replacement, at its option, unless remedy is objectively impossible or excessively burdensome compared to the other. 8.8. The above remedy is to be considered unduly burdensome if it imposes unreasonable expenses on Tutto Piscine Online Srl in comparison with the other. 8.9. Repairs or replacements will be carried out within a reasonable period of time from the request and shall not cause significant inconvenience to the Customer, taking into account the nature of the good and the purpose for which it was purchased. 8.10. The Customer may request, at his or her option, an appropriate price reduction or termination of the contract if any of the following situations occur:

1. (a) repair and replacement are impossible or excessively expensive;
2. (b) the seller has failed to provide replacement within a reasonable period of time;
3. (c) the replacement or repair previously carried out has caused significant inconvenience to the Customer.

8.11. The use of the property shall be taken into account when determining the amount of the reduction or the amount to be returned. 8.12. After notice of the Conformity Defect, the Seller may offer the Customer any other available remedy, with the following effects:

1. (a) where the Customer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences as to the commencement of the appropriate period for repairs or replacements, unless the Customer accepts the proposed alternative remedy;
2. (b) if the Customer has not already requested a specific remedy, the Customer must accept the proposal or reject it by choosing another remedy under this Article.

8.13. A Minor Conformity Defect, for which it has not been possible or is unduly burdensome to exhaust the remedies of repair or replacement, shall not entitle the Contract to termination. 8.14. The Legal Warranty is limited to purchases made by Consumers. With regard to parties other than Consumers, the provisions of the Consumer Code in Articles 1490 et seq. shall apply. 8.15. Conventional Manufacturer’s Warranty Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (“Conventional Warranty”). The Customer may enforce such warranty only against the manufacturer. The duration, extension, including territorial extension, conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Warranty is voluntary in nature and does not add to, replace, limit or affect or exclude the Legal Warranty.

9. DELIVERY / COLLECTION TERMS

9.1. Delivery will be made within 2 working days from the date of the order, unless a different deadline is agreed upon between the parties. 9.2. The Customer acknowledges that taking back the Product is its specific obligation under the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after 2 unsuccessful delivery attempts, the package will go “in storage”. In case of failure to collect the Product within five business days after the first delivery attempt, the contract shall be deemed terminated and the purchase order consequently cancelled pursuant to Art. 1456 c.c. Resolved the contract, a refund of the total amount, if any, paid by the Customer will take place, minus the costs of the unsuccessful delivery of the Product and the costs of return. The termination of the contract and the amount of the refund will be communicated to the Customer by e-mail.

10. RISK TRANSFER

The risk of loss of or damage to the Products due to causes not attributable to Tutto Piscine Online Srl shall pass to the Customer at the time the Customer or a third party designated by the Customer and other than the carrier, takes physical possession of the same, unless the carrier has been chosen by the Customer, unless the choice has been proposed by Tutto Piscine Online Srl.

11. COMPLAINTS

For any complaints, including any complaints of Conformity Defects referred to in Art. 7, the Customer may contact Tutto Piscine Online Srl at the contact details indicated in Art. 1.

12. JURISDICTION AND APPLICABLE LAW

12.1. If the Customer qualifies as a Customer, the Court of the Customer’s place of residence or elected domicile, if located in the territory of the State, shall have exclusive jurisdiction in respect of any dispute howsoever arising out of or in connection with these Terms and Conditions or arising therefrom. 12.2. The applicable law is Italian law.

13. ONLINE CONSUMER DISPUTE RESOLUTION (ODR)

If you are a European Customer, you should be aware that the European Commission has made a dedicated alternative dispute resolution tool available to all European residents. To access the platform click here.

14. JOINT CONCILIATION

According to Article 49 paragraph 1 letter V of Legislative Decree September 6, 2005 no. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure may be initiated if the Customer after submitting a complaint to the company, within thirty days, has not received a response or has received a response that is not satisfactory to him. A customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to: conciliazione@consorzionetcomm.it or fax number 02/87181126. More information can be found at: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-ConciliazioneParitetica.kl

15. BILLING METHODS

Billing is done in different ways depending on the type of customer. Consumers: For private customers who indicate the tax code during registration, Tutto Piscine Online Srl issues the tax receipt in order to allow the Customer to obtain the deductions provided and, at the same time, transmits the relevant data to the TS System in accordance with dlgs.
175/2014.
Freelancers and Companies: For customers belonging to the “Freelancer” and “Company” categories, Tutto Piscine Online Srl issues sales invoices in electronic format. The invoice is issued at the same time as the order is processed. The information provided by the Customer during registration is the basis for issuing the invoice.

16. REVIEWS

You are permitted to leave a review (“Review“) about the Products on the Site, subject to the following terms and conditions:

1. a)Review can only be left by all users who have used the product; (b)the Review can only be about the Products; c) in order to enter a Review, the User must fill in the appropriate form on the Product Sheet, entering all the required data as mandatory (i.e. vote; name under which the Review will be published, which may also be different from the name under which the user registered with the Site; title and text of the Review); (d) the Review will be published within a maximum of 15 days, if deemed suitable, pursuant to the following provisions; (e) The assessment of suitability is made by Tutto Piscine Online Srl at their absolute discretion; f) Reviews will not be posted that do not have as their subject matter the Product within whose Product Sheet they are posted and/or that we have any other subject matter, including the experience of purchasing and/or browsing the Site, to discuss which and/or with respect to which to make a complaint the user is invited to contact Tutto Piscine Online Srl; g) Reviews that have content that is defamatory and/or offensive and/or vulgar and/or, in any way, contrary to law, public order, morality and/or the reputation and/or the rights of Tutto Piscine Online Srl and/or any third party will not be published, as they are prohibited; h) Reviews that are lacking even one of the data requested in the form provided as mandatory will not be published (for example, reviews that do not contain any text will not be published); (i ) Reviews that have advertising content will not be published; (j) threats of any kind, incitement to hatred, racism, homophobic or, in any way, discriminatory comments, and abuse of any kind will not be tolerated; political protest and propaganda will not be allowed; Reviews having such content will not be published; k) by entering the Review, you authorize Tutto Piscine Online Srl to use it, indefinitely, free of charge, within the Site; (l ) Reviews entered cannot be deleted, subject to compliance with the regulations on the processing of personal data; m) the rating of the Product corresponds to the mathematical average of the votes cast by users who have left a Review in relation to the Product;

2. ERRORS AND LIMITATIONS OF LIABILITY

The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Tutto Piscine Online Srl cannot be held responsible, except in cases of intent or gross negligence. Tutto Piscine Online Srl reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code. Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded. As a result, any civil, criminal and/or administrative liability attributable to Tutto Piscine Online Srl, arising, descending and/or connected to false declarations made by the Customer (Company) regarding its quality of End Customer, as specified above, will be attributable exclusively to the latter, without prejudice to the right of Tutto Piscine Online Srl to claim from the Customer (Company) compensation for all damages suffered and suffered. *** Pursuant to Article 1341 of the Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors – exclusions of liability).