This document sets out the general terms and conditions based on which users are offered the use of the website https://www.soldidesignofficial.com/ which offers sales of waste sorting bins.

Definitions

To ensure a complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, shall have the meaning indicated below:
Owner: SOLDIDESIGN SRL, with registered office in VIA DEL PRATIGNONE 50 – 50041 CALENZANO (FI), VAT/Tax Code 06301700487, REA FI – 617229, fully paid-up share capital € 30,953.98, certified email address soldidesign@legalmail.it
Application: the website www.soldidesignofficial.com
Products: the products provided to the user by the Owner
User: any person who accesses and uses the Application
Consumer User: an adult individual who enters into a contract for purposes unrelated to their entrepreneurial, commercial, craft or professional activity
Non-Consumer User: an adult individual or legal entity who enters into a contract for the performance or for the needs of their entrepreneurial, commercial, craft or professional activity
Conditions: this contract governing the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

Detailed information on the Application's offer

The Application provides Users with a product made from post-consumer recycled ABS and Polypropylene in a percentage ranging from a minimum of 40-70% (colored, white and glossy black ovetti) to a maximum of 100% (matte black ovetti). For SFERA, it is 100% recycled ABS and 100% regenerated nylon. Our company is also constantly committed to adapting to environmental aspects in logistics.

Scope of the Conditions

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, they will not be able to use the Application or its related services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to vary at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

Purchase or request for supply through the Application

All Products offered through the Application are described in detail on their respective product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). Some errors, inaccuracies or small differences between what is published on the Application and the real Product may be highlighted. Furthermore, any images of the Products are for illustrative purposes only and do not constitute a contractual element.
Purchases and/or requests for supply of one or more Products through the Application are permitted for both Consumer Users and Non-Consumer Users.
For individuals, purchases and/or requests for supply are permitted only if they are adults. For minors, any purchase and/or request for supply of Products through the Application must be evaluated and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will constitute a contractual purchase and/or supply request proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not accept the User's order without the latter being able to object or complain about anything whatsoever and/or for any reason.
The contract for the sale or supply of the Products is deemed concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending an order confirmation to the email address indicated by the User or by displaying an order confirmation web page, which will include the order date, User data, Product characteristics and availability, price or method of price calculation, any additional ancillary charges and taxes, delivery address, delivery times and any delivery costs, methods for exercising the right of withdrawal or its possible exclusion, and the warranty.
The contract for the sale or supply of Products is not considered effective between the parties in the absence of what is indicated in the previous point.
If the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they intend to confirm the order or not. It is understood that the contract will be finalized for the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, its confirmation and the Conditions.

Registration

To use some features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://soldidesign/informativa-privacy-policy/) and these Conditions. The User is responsible for keeping their login credentials secure. It is understood that in no case can the Owner be held responsible in case of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' login credentials.

Account cancellation and closure

Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@soldidesign.com. In case of violation by the User of these Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

Prices and payments

For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
Furthermore, all any taxes, additional costs and delivery costs that may vary in relation to the destination, the chosen delivery method and/or the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, an indication will be given of which expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no way affect contracts already concluded before the modification.
The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data eventually requested.
The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card number, cardholder's name, password, etc.).
Should such third-party tools deny payment authorization, the Owner will not be able to provide the Products and cannot be considered responsible in any way.
If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and to their assignees, and that you authorize this transfer.

Invoicing

Users who wish to receive an invoice will be asked for billing details. The information provided by the User, which they declare and guarantee to be true, will be used for issuing the invoice, releasing the Owner from any liability in this regard.

Delivery methods for physical Products

Physical products and/or digital goods provided on a physical medium will be delivered to the address indicated by the User, using the methods and within the timeframe chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that the requested Products cannot be supplied, the User will be promptly notified via e-mail, indicating when they are expected to be delivered or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, they may request a refund of what has been paid, which will be credited promptly using the same payment methods used by the User for the purchase, within a maximum of 30 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost. Once the delivery document has been signed, the User will not be able to raise any objections regarding the external characteristics of the delivered Products.
The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.

Exclusion of the right of withdrawal for Non-Consumer Users

Non-Consumer Users do not have the right to withdraw from the contract for the sale or supply of Products. The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal is not provided.
Right of withdrawal for Consumer Users from the purchase of physical Products
Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address info@soldidesign.com, using the optional withdrawal form referred to in the following article or any other written declaration.
For purchases under €50.00 (so-called contracts of modest value) according to Article 47, paragraph II of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments), as these are contracts negotiated outside commercial premises on the www.soldidesignofficial.com website, the rules relating to the Consumer's right of withdrawal do not apply. It is understood that, in the case of the purchase of multiple products by the consumer user with a single order, the evaluation of the applicability or non-applicability of the right of withdrawal will be carried out based on the list value (to be understood as of the date of the order by the consumer user) of the individual product purchased.
In the case of separate delivery of multiple Products ordered by the Consumer User with a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case within and no later than 14 days from the date on which they communicated their decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared to bear it.
In case of correctly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment methods used by the User for the initial transaction, without undue delay and in any case within 30 days from the day on which the User communicated their intention to withdraw from the contract.
The Owner is not obliged to refund delivery costs if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless they have offered to collect the Product themselves, may withhold the refund until they have received the Product or until the Consumer User has demonstrated that they have returned it.
The Owner will not accept returns if the Product is found to be malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage, tampering or improper maintenance, or wear and tear, or the absence of integral parts of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

Optional form for exercising the right of withdrawal

The User can withdraw using the following form which must be filled in all its parts and sent to the e-mail address info@soldidesign.com before the expiry of the withdrawal period:
I hereby communicate my withdrawal from the sales or supply contract relating to the following product _________________________________________
Order number:_______
Ordered on: _______
Name and Surname: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________

Warranty for physical Products for Non-Consumer Users

Regarding physical Products, Non-Consumer Users will be subject to the warranties for defects in the sold item, the warranty for promised and essential quality defects, and other warranties provided by the civil code with their respective terms, forfeitures and limitations (articles 1490 et seq. of the Civil Code).
Conformity Warranty for physical Products for Consumer Users
The legal conformity warranty, provided for by articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall into the category of "consumer goods," as regulated by article 128, paragraph 2 of the Consumer Code: any movable good, even for assembly, except for i) goods subject to forced sale or otherwise sold by judicial authorities through other means, including delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a determined quantity, iii) electricity.
The legal conformity warranty is reserved for Consumer Users only.
The Owner is obliged to deliver Products to the Consumer User that comply with the sales contract. Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
they are suitable for the use for which goods of the same type are habitually used
they conform to the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model
they have the quality and performance normally expected of goods of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements made regarding the specific characteristics of the Products by the Owner, the manufacturer or its agent or representative, particularly in advertising or on labeling
they are also suitable for the particular use intended by the Consumer User and made known to the Owner at the time of the conclusion of the contract and that the Owner has accepted, including by conclusive facts.
Therefore, any failures or malfunctions caused by accidental events or by the Consumer User's responsibility, or by use of the Product not in accordance with its intended use and/or with what is provided in the attached technical documentation, are excluded from the scope of the conformity warranty.
A lack of conformity that becomes apparent within 24 months from the delivery date of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is presumed that any defects of conformity that become apparent within 6 months from the delivery of the Product already existed at that date, unless this assumption is incompatible with the nature of the Product or with the nature of the defect of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to have the Product brought into conformity, free of charge. For this purpose, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. Furthermore, the Consumer User has the right to an adequate reduction in price or to termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not carried out the repair or replacement within a reasonable time; iii) replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to avail themselves of the remedies provided by the conformity warranty, they must send a written communication to the e-mail address info@soldidesign.com.
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

Content submitted by Users

The User may upload Content to the Application, provided that it is not unlawful (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass emails or any other form of spamming. In case of a dispute by third parties, the User assumes full responsibility and undertakes to indemnify and hold harmless the Owner from any damage, loss or expense.
The User guarantees that the Content is sent to the Application through their account by adults. For minors, the sending of Content must be reviewed and authorised by parents or those exercising parental responsibility.
The User is solely and exclusively responsible for the use of the Application with regard to the functions of publishing, consulting, managing Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and their own behaviour.
It is forbidden to use an email address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate their identity, or otherwise to falsely declare the origin of the Content.
The Owner is unable to ensure timely control over the Content received and reserves the right at any time to delete, move, modify those that, in its discretionary judgment, appear unlawful, abusive, defamatory, obscene or infringing copyright and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right to use the Content sent, without geographical limitations. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, also audio and video) that may be sent by the User, including through third parties.
The Content sent will not be returned and the Owner will not be responsible to Users for the loss, modification or destruction of the transmitted Content.
It is expressly forbidden, unless explicitly authorised by the Owner: i) the use of automatic ad loading systems, except those expressly authorised, ii) the serial publication and/or management of ads on behalf of third parties by any means or method, iii) reselling the Owner's services to third parties.

Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, content related to the Application are and remain the property of the Owner or its licensees and are protected by applicable trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.

Disclaimer of warranty

The Application is provided "as is" and "as available" and the Owner makes no explicit or implicit warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never be interrupted or error-free or free of viruses or bugs.
The Owner will strive to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely unrelated to the will of the Owner or for events of force majeure.

Limitation of Liability

The Owner shall not be liable to the User, except in cases of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its own control or that of its suppliers.
The Owner shall also not be liable for damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to it, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other payment methods, as it does not come into contact in any way with the payment data used (credit card number, cardholder name, password, etc.)
The Owner shall not be liable for:
any loss of commercial opportunity and any other loss, even indirect, that may be suffered by the User that is not a direct consequence of the Owner's breach of contract
incorrect or unsuitable use of the Application by Users or third parties
the issuance of incorrect documents or tax data due to errors related to the data provided by the User, the latter being solely responsible for correct entry
In no case shall the Owner be held liable for an amount exceeding twice the cost paid by the User.

Force Majeure

The Owner shall not be held responsible for the failure or delay in fulfilling its obligations due to circumstances beyond the Owner's reasonable control, resulting from force majeure events or, in any case, unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the Owner's obligations shall be deemed suspended for the period in which force majeure events occur.
The Owner shall take all actions within its power to identify solutions that allow the proper fulfilment of its obligations despite the persistence of force majeure events.

Links to third-party sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at http://www.soldidesignofficial.com/privacy-policy/

Applicable law and competent court

The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the Consumer User's right to appeal to a judge other than that of the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent by territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
The application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Owner has its registered office.

Online dispute resolution for Consumer Users

Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract concluded online.

The platform is available at the following address: ec.europa.eu/consumers/odr/
Florence, 01/07/2020
SOLDIDESIGN SRL
VIA DEL PRATIGNONE 50
50041 CALENZANO (FI)
VAT/Tax Code 06301700487