Conditions of Sale New Made in Italy

 

In force since 15 February 2016

1. Scope and conclusion of contract

1.1 These Conditions of Sale govern the offer and sale of products through the Site and / or services specifically listed on the site as "sold and shipped" by Fratelli Cervelli Srl and / or products and / or services offered for sale on sites powered by Fratelli Cervelli Srl, in the event that the purchase of such products and / or services to be concluded through the Site. ( "products").

1.2 The sale of products through the Site constitutes a distance contract governed by Chapter I, Title III (arts. 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ( "Consumer Code") and Legislative Decree 9 April 2003, n. 70, which includes the rules of electronic commerce.

1.3 These Terms of Sale apply to all sales of products made by Fratelli Cervelli Srl through the Site ( '' Terms and Conditions '' or '' GTS '') and does not apply to the sale of products and / or services on site by Sellers Terzi. They can be changed at any time. Any changes will be effective from the time of their publication on the website in the section '' Terms and conditions '', present in the footer of every page of the Site. Users are therefore advised to regularly access the Website and consult before making any purchase, the latest version of the Conditions of sale.

1.4 The applicable Conditions are those in force on the date the order is issued for the purchase of a product.

1.5 Before proceeding with the purchase of products through the Site, it is your responsibility to carefully read these Terms of Sale, which Fratelli Cervelli Srl makes available in the "Terms of Sale" of the site and where it is allowed to store and playback, as well as any other information that Fratelli Cervelli Srl provides you on the Site and / or in the case of Combined purchase, on sites powered by Fratelli Cervelli Srl, both before and during the purchase process.

1.6Le these Terms of Sale do not regulate the sale of products by parties other than Brains Srl Brothers who are present on the site through links, banners or other hypertext links. Before engaging in transactions with these parties it is necessary to check their conditions of sale. Fratelli Cervelli Srl is not responsible for the provision of services and / or for the sale of products by such subjects. On websites accessed through such links, Fratelli Cervelli Srl exercises no control and / or monitoring. Fratelli Cervelli Srl is not responsible for the contents of these websites nor for any errors and / or omissions and / or breaches of the law by the same.

1.7 These Terms of Sale do not regulate the sale of products and / or services on the Site by third parties sellers. Before engaging in transactions with these parties it is necessary to check their conditions of sale made available in the dealer's card to which you can access by clicking the name of the seller of this page product at every stage of the purchase process. Fratelli Cervelli Srl, as a mere supplier and technical manager of the platform, is not part of the sales contract between you and the Seller Third. Fratelli Cervelli Srl is not responsible for the provision of services and / or sale of products by third parties sellers.

2. Shopping on site

2.1 The purchase of Products through the Site is possible only after registration on the Site with the procedures of Art. 3 below and is allowed both to users who hold the quality of consumers and users which is not of this quality. To natural persons buying it is only allowed on condition that they are at least 18 years.

2.2 Under Article. 3, paragraph I, letter. a) of the Consumer Code, please note that the consumer is a natural person who is acting for purposes unrelated to their entrepreneurial, commercial, craft or profession.

2.3 In case of orders by any person, which are abnormal in relation to the quantity of products purchased or the frequency of purchases, Cervelli Brothers Srl reserves the right to take all necessary actions to put an end to irregularities, including the suspension of 'access to the Website, the cancellation of registration on the Site or the non-acceptance or cancellation of illegal orders.

2.4 Fratelli Cervelli Srl reserves, lastly, the right to refuse or cancel orders that come (s) from a user with whom it has an ongoing legal dispute; (Ii) by a user who has previously violated these GTC and / or conditions and / or the terms of the purchase agreement with Fratelli Cervelli Srl; (Iii) by a user who has been involved in any type of fraud and, in particular, in fraud related to payments with credit card; (Iv) by users who have issued false identification data, incomplete or inaccurate, or that they have not sent promptly Fratelli Cervelli Srl documents from the same applied for under the procedure laid down in Articles. 9.1.2 and 9.1.3 below or whether they have submitted invalid documents.

3. Registration to the Site

3.1 Registration on the site is free. To register for the Site you must complete the appropriate form, by entering your name, email address and a password and click on '' Continue '' button. In the event that the registration takes place during the purchase procedure will be asked to enter, the phone number and social security number.

The registration on the Site allows the user to make through a restricted area and personnel, among others, the following activities:

follow the tracking of the shipment and order status;

consult your order history;

access to after-sales services;

manage their personal data and make any necessary modifications;

add or change / card / s of saved credit or cancel the storage / and same / and;

take advantage of dedicated services that can be activated from time to time by the Fratelli Cervelli Srl.

3.3 In the event that the user is already registered with another of the sites powered by Fratelli Cervelli Srl ( "User already Member"), you may register for the site, using the same login credentials already in its possession ( "Same Credentials" ). You already Member will be notified of the opportunity to subscribe to the Site by the Same Credentials via the "Already a member" of the log-in form, in which, if you wish, you can enter these credentials and complete your subscription to the Site by clicking on the "Confirm" button. In the event that the User already logged Member browsing the site, should put a product in the shopping cart or wish to access a restricted area of the site, display an appropriate form to log in by means of which, if you wish, you can subscribe to site with the Same Credentials, click on the "Confirm" button. By pressing the "Confirm" button, as specifically indicated in the user log-in, the user form claims to be seeking enrollment in Site with the Same Credentials, after I have read the General Terms and Conditions and Privacy Policy site that are simultaneously made available. By pressing the "Confirm" button, also the User already Writing that of another of the sites powered by Fratelli Cervelli Srl has chosen to save the data of one or more credit cards for subsequent purchases (Saving Credit Cards "), expresses the wish to extend the same choice even at the site, allowing also for the site data storage of / card / s credit already included in other sites powered by Fratelli Cervelli Srl, in order to re-use for payment of purchases on the Site. retains the right Registered User already register for the site even through different login credentials than those already in its possession and, in particular, using an email address other than by logging, to that end, to "Are you a new customer? Register now! "In the registration form. The registration to the Site by the Same Credentials (" Single Registration ") involves creating a unique profile, in which the user can perform all the activities reserved to him and, in particular those of art. 3.1 above, with reference to all sites powered by Fratelli Cervelli Srl who is writing ( "Single Profile"). the Registration Unica also allows the user to make purchases Combined namely, in specifically, buying, and simultaneously through a single carriage and a single procedure of purchase and, therefore, by sending a single order, products offered for sale by Fratelli Cervelli Srl, not only on the site, but also on other sites powered by Fratelli Cervelli Srl is enrolled ( "Combined Order").

3.4 The registration credentials (e-mail address and password) must be used exclusively by the user and can not be sold to third parties. You agree to keep them secret and to ensure that no third party will have access to and to immediately inform Fratelli Cervelli Srl to contacting the numbers of which art. 15 below, if suspicion or becomes aware of an inappropriate use or undue disclosure of the same. Each user is allowed to register at the Site or, in case of subscription Unica, the sites powered by Fratelli Cervelli Srl for once. And 'it is forbidden the same user to make multiple registrations. In case Fratelli Cervelli Srl should be noted that the same user has made multiple recordings on the Site or on sites powered by Fratelli Srl Brains, Brains Brothers Srl reserves the right to proceed immediately and without giving prior notice to the relevant account lockout Fratelli Cervelli Srl or Unique Profile.

3.5 You warrant that the personal information provided during the registration process to the Site is complete and accurate and undertakes to keep Fratelli Cervelli Srl harmless against any damages, claims for damages and / or penalties arising from and / or in any way connected to the breach by the rules on the registration on the Site or on the preservation of its login credentials.

4. Direct information to the conclusion of the contract

4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down rules concerning electronic commerce, Fratelli Cervelli Srl informs you that:

1. to conclude the purchase of one or more products on the Site, you must fill out an electronic order form and send it to Fratelli Cervelli Srl, by Internet, following the instructions that appear from time to time on website;

2. The contract is concluded when the order form is received by the Fratelli Cervelli Srl servers;

3. Before submitting the order form, the user can identify and correct any input errors by following the instructions on the Website in the different phases of the purchase;

4. The registration credentials (e-mail address and password) must be used exclusively by the user and can not be sold to third parties. You agree to keep them secret and to ensure that no third party will have access to and to immediately inform Fratelli Cervelli Srl to contacting the numbers of which art. 15 below, if suspicion or becomes aware of an inappropriate use or undue disclosure of the same. Each user is allowed to register at the Site or, in case of subscription Unica, the sites powered by Fratelli Cervelli Srl for once. And 'it is forbidden the same user to make multiple registrations. In case Fratelli Cervelli Srl should be noted that the same user has made multiple recordings on the Site or on sites powered by Fratelli Srl Brains, Brains Brothers Srl reserves the right to proceed immediately and without giving prior notice to the relevant account lockout Fratelli Cervelli Srl or Unique Profile.

5. the order form will be filed in the Fratelli Cervelli Srl database for the time necessary to execute the freezing order and, in any case, as provided by law. The user can access the order form and / or data relating to the same via their personal account.

4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.

5. Availability of Products

5.1 The purchased products from Fratelli Cervelli Srl through the Website are the items in the electronic catalog published on the website and displayed by the user at the time of execution of the order and the products in the electronic catalog published on the site Fratelli Cervelli Srl at the time of execution order and specifically designated as "sold and shipped by Fratelli Cervelli Srl". The products can belong to different product categories (such as, but not limited to, appliances, technology products, products for leisure and sports, wellness and health products, books, movies and DVDs)

5.2 Each product is accompanied by an information page that shows the main features ( '' Product Page ''). Inside there will be a specific product page section containing information about the availability of the product. In the event that a product is not available, the user can request to be notified when the product becomes available again, activating the '' function Notify me when available '', via the selecting the button in this product page, in trolley and the page containing the list of products. The user who sent the request will be notified, by e-mail, when the product becomes available again in one hundred and eighty (180) days following the sending of the request. Requests for notification of availability does not entail any obligation to purchase or valid as reservation and / or ordering the product.

5.3 The availability of products is monitored and updated. However, because the Site and / or other sites powered by Fratelli Cervelli Srl may be visited by multiple users simultaneously, it may be that more users to buy, at the same instant, the same product. In such cases, therefore, the product may be, for a short period of time, provided, instead of being exhausted or not immediately available, being for the same need to obtain the reassortment.

5.4 If the Product is found to be unavailable for the reasons indicated above, or in other cases of unavailability of the Product, subject to the rights granted to you by law, and, in particular, by Chapter XIV of Title II of Book IV of the Code civil, Fratelli Cervelli Srl will instantly warn the user by e-mail. The user will then be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and by effect of article. 61, fourth and fifth paragraph, of the Consumer Code. The resolution of the purchase agreement pursuant to this paragraph shall the termination of the credit agreement may have connected and for any ancillary contract (as, for example, the purchase of Additional services of Payment assistance, as defined in article . 14 below).

Alternatively and subject to this right of termination, you may accept any of these proposals Fratelli Cervelli Srl:

(I) whenever possible reassortment of the product, an extension of the terms of delivery, indicating the new delivery time restocked Product;

(Ii) where it is not possible reassortment of the product, providing a different product of equal or greater value, subject to payment, in the latter case, the difference, and with the express user acceptance.

Your choice should be immediately reported to Fratelli Cervelli Srl E-mail address indicated in art. 15 that it follows.

5.5 In the event that the user makes use of the resolution right under Article. 61, fourth and fifth paragraph of the Consumer Code, or in case the user does not make any choice within the meaning of art. 5.4 above, and the payment of the total amount due, representing the price of the product, the delivery costs, if applicable, and any other additional cost, as resulting from the order ( "Total Amount Due") has already occurred Fratelli Cervelli Srl subject to the user's right to compensation, will refund Total Amount Due without undue delay and, in any case, within 14 working days from the day of termination or, respectively, from the day after the order. The refund amount will be communicated to the user via e-mail. In case of payment by credit card or PayPal, this amount will be credited on the same means of payment used by the user for purchase. Any delay in may depend on the bank, the type of credit card or payment solution used. In other cases, Fratelli Cervelli Srl will ask the user to provide it, by e-mail, the bank needed to carry out the refund. The resolution of the purchase agreement pursuant to the preceding Articles entails the termination of the credit agreement may have connected and all other relevant ancillary contract

5.6 In the case of dealing in a plurality of products ( '' Multiple Order ''), if the unavailability affects only some of the products covered by the Order Multiple - subject to the rights granted to you by law, and, specifically, by Chapter XIV of Title II of Book IV of the civil code, and subject to the application of Articles. 5.4 and 5.5 above, if the unavailability covers all products covered by the order - Fratelli Cervelli Srl will instantly warn the user by e-mail. The user will then be entitled to terminate the agreement immediately, limited to product and / or products become unavailable, except the right to compensation for damages, pursuant to and by effect of article. 61, fourth and fifth paragraph, of the Consumer Code. The resolution of the purchase agreement pursuant to this section will lead to the resolution of any linked credit agreement and the resolution of any ancillary contract that partially solved only for the case where the connection and accessoriness both on the Product / s become / s unavailable / s.

Alternatively, and without prejudice to this right, the user can accept one of the following proposed Fratelli Cervelli Srl:

(I) whenever possible reassortment of the Order object Multiple Products become unavailable, an extension of the terms of delivery in respect of such products, with an indication of the new delivery of the same;

(Ii) if the provision, in place of the Order object Multiple Products become unavailable, of different products, of equal or greater value it should not be possible reassortment of the Product and / or become Products / s unavailable / i, upon payment , in the latter case, the difference and the prior explicit user acceptance.

Your choice should be immediately reported to Fratelli Cervelli Srl E-mail address indicated in art. 15 that it follows.

5.7 In the event that the user makes use of the resolution right under Article. 61, fourth and fifth paragraph of the Consumer Code, the purchase contract for the product and / or become unavailable products will be solved in part, limited to this / these product / s, resulting in return, if it has already been shed, of 'amount due in respect of such products, including delivery costs, calculated as indicated in art. 10.3 below, and any other additional cost due in relation to these specific products ( "Partial Amount Due"); the resolution of the Order Multiple will be possible only in case of obvious and proven accessory nature of the Products Order Multiple become unavailable over other products available Multiple Order object. The Partial Amount Due in connection with the Product / s become / the unavailable / i, will be refunded to the user without undue delay and, in any case, within 14 working days from the day of termination. In case the user does not make any choice within the meaning of art. 5.6 above, Fratelli Cervelli Srl, subject to your right to compensation, will reimburse Partial Amount Due without undue delay and, in any case, within 14 working days from the day after order. The refund amount will be communicated to the user via e-mail. In case of payment by credit card or PayPal, this amount will be credited on the same means of payment used by the user for purchase. Any delay in may depend on the bank, the type of credit card or payment solution used. In other cases, Fratelli Cervelli Srl will ask the user to provide it, by e-mail, the bank needed to carry out the refund. The resolution of the purchase agreement pursuant to the preceding Articles entails the resolution of any linked credit agreement and any other relevant ancillary contract.

6. Product Information

6.1 Each product is accompanied by the Product Page. The pictures and descriptions on the Site or on other sites powered by Fratelli Cervelli Srl reproduce as closely as possible the characteristics of products. The colors of the products, however, may differ from actual colors due to the settings of the computer systems or the computers used by users for their display. The images of the products on the Site or on other sites powered by Fratelli Cervelli Srl also may differ in size or in respect of any ancillary products. These images must therefore be understood as indicative and with the manufacturing tolerances. For the purposes of the purchase agreement, as confirmed by the description of the Product contained in the order form sent by the user.

7. Prices

7.1 All prices published on the Site are in Euros and are inclusive of VAT and, where applicable, of WEEE. The delivery costs, which can vary according to the chosen mode of delivery and / or in relation to the method of payment used, will be specifically indicated (in Euro including VAT) during the purchase process, before the user is bound from the contract, in summary and in the email order confirmation.

7.2 Fratelli Cervelli Srl reserves the right to change the price of Products at any time, and also, possibly, several times during the same day. It is understood that the price of the product that will be charged to you will be the one indicated in the order summary, viewed by the user before making the order, and does not take account of any changes (increase or decrease) after the transmission order.

7.3 In the event that a product is offered on site at a discount, in the Site will be indicated (i) the full reference price against which the rebate is calculated, and (ii) what this match full of reference price. It is understood that the offer of discounted products will be made only in the event that the full reference price of the product corresponds to the actual price of the same markets.

7.4 In the event that the user, subsisting the legal conditions, intends to request the application of the preferential VAT rate of 4%, provided for by Article. 2, section IX, of the law 28 February 1997 n. 30, in connection with the acquisition of technical and computer aids, pursuant to art. 2, paragraph 9 of the Decree-Law of 31 December 1996 n. 669 (converted into Law 28 February 1997, n. 30) and D.M. of 14 March 1998 and to aids intended for people with permanent functional impairments, under Presidential Decree 633 of October 26, 1972, Tab. A, Part II, number 41-c, aimed at facilitating self-sufficiency and integration of the disabled, the user must contact Customer Service using the contact details in art. 15 that it follows.

8. Purchase Orders

 

8.1 The purchase contract is conditional on the non-payment Total Amount Due. In the event that such payment does not occur, the contract will be therefore rescinded. Of this resolution and the subsequent cancellation of the order, the user will be notified immediately: (i) immediately after the transmission of the order, through the Site, in case he has chosen as a method of payment by credit card; (Ii) in the via, e-mail if the user has chosen one of the other payment methods provided by Fratelli Cervelli Srl, including PayPal.

8.2 Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of the product delivery to the carrier ( '' Delivery ''). The risk of loss or damage to the Products, for reasons not attributable to Fratelli Srl Brains, however, will be transferred to the user when the user or a third party, other than the carrier, enters physically in possession of the products.

8.3 In order to send an order for a product through the Site, please read and carefully examine the present GTS.

 

9. Payment

1.9 Payment for the products purchased through the Site may be made by the methods of payment described in the following paragraphs. Some payment methods may not be usable due to the type of product purchased and / or delivery or shipping arrangements. In the event that one of these modes can not be used in respect of a specific product or order, this will be clearly stated on the website at the latest at the beginning of the purchase process. The methods of non-payment will not be available in any case be selected by the user when the appropriate step ( "Choose the payment and continues") of the purchase process.

9.1 Marking

9.1.1 Without prejudice to the provisions of art. 2.9 above, the payment of Products purchased on the Site may be made to the delivery, by choosing the method of payment on delivery.

9.1.2 In the case of cash on delivery, an additional contribution is due for delivery. The actual level of this contribution will be specifically indicated in the purchasing process pages before the user makes the transmission of the order, and in the order confirmation.

9.1.3 Payment by cash will be made in cash, up to a maximum of EUR 2,999.99, or, for higher amounts, by cashier's check from intestarsi as e-mail Fratelli Cervelli Srl will send you after the receipt of 'order.

9.2 PayPal or Credit Card

9.2.1 Without prejudice to the provisions of art. 2.9 above, the payment of the Products purchased on the Site can be made through the PayPal payment solution. If you choose PayPal as payment, he will be re-directed to the site where www.paypal.it carry out the payment of the products according to the procedure laid down and regulated by PayPal and the terms and conditions of the contract agreed upon by the user through PayPal. Data entered on the PayPal website will be processed directly from the same and will not be disclosed or shared with Fratelli Srl Brains. Brains Fratelli Srl is therefore not in a position to know and does not store in any way your credit card linked to the PayPal account of 'user or the data of any other payment instrument associated with this account.

9.2.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal same user at the conclusion of the on-line contract. Upon termination of the purchase agreement and in any other case of refund, for any reason, the refund amount will be credited to your PayPal account. The timing of re-credit on the payment instrument linked to this account depend solely by PayPal and the banking system. When placed the credit orders in favor of such an account, Fratelli Cervelli Srl can not be held liable for any delay or failure in crediting the user to refund the amount, to challenge which the user will have to apply directly to PayPal.

9.3 Bank Transfer

9.3.1 Without prejudice to the provisions of art. 2.9 above, the payment of the Products purchased on the Site can be made by bank transfer. The bank for the execution of the transfer will be indicated in the "Payments" page accessible through a dedicated link from the footer of each page of the website and in the e-mail order confirmation.

The payment of the Products by bank transfer must be made no later than 7 calendar days from the date of order. Upon expiry of this period, the contract will be considered canceled, resulting in repayment Total Amount Due eventually paid late. The termination of the contract will be communicated to the user via e-mail and the amount paid refunded in the manner set out in Article. 5.5, as applicable.

9.3.3 In the case of payment by bank transfer, the delivery of the products will be made only after receipt by Fratelli Cervelli Srl of transfer. Consequently, the terms of delivery of the Products shall be effective from that date.

9.3.4 To facilitate the connection between the payment received by bank transfer and the order made, it requires the customer to indicate the reason for the bank transfer order number.

10. Mode, costs and terms of delivery

10.1 1 Deliveries of the products shall take place only in the Italian territory, with the exception of the following locations: Livigno, Vatican City and, where delivery is destined for a legal person, the San Marino Republic. The obligation to deliver means fulfilled through the transfer of material availability or otherwise of the products of control to the user.

10.2 At the time of shipment will be sent to the user an e-mail confirmation of delivery to the carrier in which content will also link containing the tracking number through which the user can check the status of the consignment; the user can still follow the tracking of the shipment of the products from the "State and tracking orders" of their account. This provision does not apply if the air carrier in charge of delivery is CEVA Logistics Italy srl

10.3 The delivery is paid and, except as otherwise provided, the delivery costs are borne by the user. The amount of the delivery costs incurred by the user in relation to a specific order is expressly and separately indicated (in Euro, including VAT) during the purchase process, in the order summary and in any case before the 'user proceeds to the order transmission. In case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed to the user will be equivalent to delivery costs that you would pay for the individual Product object of partial withdrawal, as resulting from the product page, in relation the specific user-selected delivery method. In no event shall the amount of the delivery costs to be paid exceed the amount of actual expenses paid by the user for delivery. Without prejudice to what stated about the orders Misti art. 9:03 above.

10.4 In summary and, therefore, before the user proceeds to the transmission of the same, the total price of the order, with a separate indication of delivery charges and any other possible additional spending will be shown. This total, which will be indicated to the user even in the e-mail confirmation of the order, will be the total amount payable by the user in relation to the Product. For every sale made on the Site, Fratelli Cervelli Srl issues an invoice, sending it via e-mail to the order of purchase. For the issuance of the invoice, the information you provide at the time the order is placed through the Site and you warrant to be untrue. No change in the bill will be possible after the issuance thereof. You agree to keep Fratelli Cervelli Srl harmless against any damage it may have incurred, including any sanctions, in case the data provided by the user through the Site for an invoice to be untrue.

10.5 The delivery of the Products purchased on the Site will be at the user's choice, with alternative and, in particular: (i) to the address specified in the postal order form ( "Home Delivery"); (Ii) at the point of retreat called "Pick & Pay" selected by the user during the checkout process ( "Delivery at the Pick & Pay"); (Iii) at the point of retreat called "TNT Point", selected by the user during the checkout process ( "at TNT Delivery Point"); (iv) at the automatic withdrawal point called "Locker INPOST 'selected by' user during the purchase process ( "Delivery at the INPOST Locker").

10.6 Home Delivery

10.6.1 If the user chooses the home delivery, the Products purchased on the Site will be sent and delivered to the address indicated by the user post in the order form. Are available to the user different delivery mode at Home (eg: courier, delivery to the Plan, Delivery Weekend, Evening Delivery) and for each of them are given the costs and terms during the purchase process, before the 'user proceeds to the order transmission.

10.6.2 The home delivery of the product means to the road plan, unless an otherwise stated, and unless the user has chosen the delivery to the plan. Except in cases where the user has chosen a method of home delivery involving delivery by appointment or within a specified time, the Home Delivery will be made from Monday to Friday during normal office hours (from 9:00 am to 18:00), excluding national holidays.

10.6.3 You understand that the withdrawal of the product is a precise requirement. If the mode of home delivery chosen by the user does not provide for delivery at an agreed time, in case of non-delivery to the addressee is absent, the courier will leave a notice to document the delivery attempt (SO-CALLED notice of passage). The notice will also contain the contact details with which the user can contact him to arrange the return or carry out the withdrawal of the package. After the delivery attempt went in vain, the package will go into storage at the courier. The user is required to collect the parcel within 3 days of commencing from the second calendar day following the date in which it was left by Step instructions. In the event that the user fails to collect the product within this period, the purchase contract will be considered canceled, according to and for the purposes of Art. 1456 cc Fratelli Cervelli Srl will then proceed, within 15 days following the termination of the contract, the reimbursement Total Amount Due, if already paid by the user, minus the cost of home delivery is not successful, the costs of storage , the cost of returning to Fratelli Cervelli Srl and any other expenses in which it is incurred due to non-delivery due to the absence of the recipient. The termination of the contract and the refund amount will be communicated to the user by e-mail. In case of payment by credit card or PayPal, this amount will be credited on the same means of payment used by the user for purchase. Any delay in may depend on the bank, the type of credit card or payment solution used. In other cases, Fratelli Cervelli Srl will ask the user to provide it, by e-mail, the bank needed to carry out the refund.

10.6.4 it is required to report any special features on the place of delivery of the Product and / or the site, inserting a note to the order, into the space made available to it at the end of the purchase process and before the order. In case you do not provide such information or provide incorrect details, it will be borne any additional expense that Cervelli Fratelli Srl has to bear to complete the delivery of the product.

10.10 Provisions common to all types of delivery

10.10.1 During the buying process, before the user sends the order, will be given the time limit for Brains Srl Brothers is committed to delivering the products covered by the order of the user and which take into account not only the area and the mode of delivery, even the possibility that the user purchases more products in the same order. The delivery terms run from the conclusion of the contract (i.e. sending the order), unless indicated otherwise. The delivery of the specific order will also be indicated in the order confirmation. In case of failure to indicate the date of delivery, it will, in any case, within thirty days from the date of conclusion of the contract. It remains without prejudice to Art. 3.9 above in relation to Orders Misti and the Orders in the Order Combination.

10.10.2 In the event that the product purchased is not delivered or is delivered late compared to delivery times indicated during the purchase process and in the order confirmation, the user, in accordance with art. 61, invites the Consumer, Code Fratelli Cervelli Srl to make the delivery within a reasonable additional period to the circumstances ( "Supplemental Term pursuant to Art. 61, paragraph III of the Consumer Code"). If this additional period expires without the Products have been delivered, the user is entitled to terminate the contract ( "Contract Resolution of the former art. 61, paragraph III of the Consumer Code"), subject to the right to compensation. The user is not burdened burden to grant Fratelli Cervelli Srl the Supplementary Term ex art. 61, paragraph III of the Consumer Code ( "Cases Persons") if:

a) Brains Srl Brothers expressly refused to deliver the Products;

b) the respect of the delivery time indicated during the purchase process and in the order confirmation is an essential, taking into account all the circumstances attending the conclusion of the contract;

c) the user has informed Fratelli Cervelli Srl, before the conclusion of the contract, that delivery by or on a specified date is essential.

Except in the cases, the user does not receive the Products on the delivery date indicated during the purchase process and in the order confirmation, it shall be entitled to immediately terminate the contract, subject to the right to compensation ( '' Resolution contract in Cases Excluded '').

The indication of the Additional Term ex art. 61, paragraph III of the Consumer Code and the communication of the former Contract Resolution art. 61, paragraph III of the Consumer Code or Termination of Agreement Except in cases to be notified by the user to Fratelli Cervelli Srl at the addresses set out in Article. 15 that it follows.

In the case of the former Resolution Contract art. 61, third paragraph, of the consumption or Resolution No. Except in cases, Fratelli Cervelli Srl will reimburse the user the Total Amount Due without undue delay. Refund will be made in the manner provided for in Article. 10.10.6 that follows.

In any case, Fratelli Cervelli Srl is committed to giving notice to you promptly and by e-mail, the delay in delivery ( '' E-mail Delay Notice ''), simultaneously indicating the new delivery, if available ( '' New Delivery Time '') and, in case the user does not proceed to the determination of Supplemental Term ex art. 61, paragraph III of the Consumer Code, or, if the conditions, to the former Contract Resolution art. 61, paragraph III of the Consumer Code or Termination of Agreement Except in cases, without prejudice to the possibility for the user to use at any time of your solution and / or the ordinary remedies provided by law and, in specifically, by Chapter XIV of Title II of Book IV of the civil code, Fratelli Cervelli Srl is committed, however, to:

(I) in case of delivery with a delay of between 1 and 3 working days compared to the New Delivery Time, reimburse the user who requests the delivery costs, if already paid, within 10 working days of the expiry of new Delivery Time ie not requiring payment from the user who requests it to do so, even if you do not pay;

(Ii) in case of delivery with a delay of 4 to 10 business days compared to the New Delivery Time, enable the user who requests to refuse delivery and terminate the contract, resulting in repayment Total Amount Due if already paid, immediately and in any event within 10 working days from the request of the contract or, in the alternative dispute resolution, if the user wants to terminate the contract, reimburse the user who requests the delivery costs, if already paid, within ten working days of the request or does not require payment from the user who requests it to do so, if not yet paid;

(Iii) in the event of late delivery of more than 10 working days compared to the New Delivery Time or, in any case, compared to 20 days after the original delivery, offer the user who requests it, in addition to the provisions art. 10.10.2 (ii) above, the provision of a different product of equal or greater value, subject to payment, in the latter case, the difference and the prior express consent.

10.10.3 In the case of Multiple Orders which have as their object products to be delivered separately, the provisions of Art. 10.10.2 above will find a standalone application to each delivery. In respect of each delivery and therefore, limited to products of the same object, the user can proceed to the determination of Supplemental Term former Article 61, paragraph III of the Consumer Code and the former Resolution art. 61, third paragraph, of the consumption or Resolution in Case No. Except, rerunning the assumptions underlying them. In this case, the user Fratelli Cervelli Srl refund the amount Partial Due without undue delay. Refund will be made in the manner provided for in Article. 10.10.6 that follows.

In any case, Fratelli Cervelli Srl will promptly send you the e-mail notice of delay, simultaneously pointing to the New Delivery Time, if available, and, in case the user does not proceed to the determination of Term Extra ex art. 61, paragraph III of the Consumer Code, or, if the conditions, to the former Contract Resolution art. 61, paragraph III of the Consumer Code or Termination of Agreement Except in cases, in relation to the single delivery and related products, except for the possibility for the user to use at any time of your solution and / or the ordinary means of protection provided by the law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, Fratelli Cervelli Srl is also committed to:

(I) in the case of delivery of one of the Order object Multiple Products with a delay of between 1 and 3 working days compared to the New Delivery Time, reimburse the user who requests the delivery costs, if already paid, and calculated as indicated in art. 10.3 above, within ten working days from the expiration of the New Delivery Time, or not require payment from the user who requests it to do so, if not yet paid;

(Ii) in the case of delivery of one of the Order object Multiple Products with a delay of 4 to 10 working days compared to the New Delivery Time, enable the user who requests to refuse delivery and to partially solve the contract up and with exclusive reference to the Multiple Product Order object delivered late, resulting in repayment - immediately and in any event within 10 working days from the partial termination of the contract required - only the amount paid by you in connection with such specific product, including delivery costs, calculated as indicated in art. 10.3 above, or, alternatively, if the user wants to partially terminate the contract, reimburse the user who requests - within ten working days of the request - the delivery costs, if already paid, calculated as indicated art. 10.3 above, or not require payment from the user who requests it to do so, if not yet paid. The resolution of the Order Multiple will be possible only in case of obvious and proven ancillary object of the Order Multiple Products delivered late or not delivered compared to the other products covered Order Multiple promptly delivered or to be delivered;

(Iii) in case of delay in delivery of one of the products covered by the Order Multiple exceeding 10 working days compared to the New Delivery Time or, in any case, compared to 20 days after the original delivery, offer the user that so requests, in addition to the provisions of art. 10.10.3 (ii) above, the provision of a different product of equal or greater value, subject to payment, in the latter case, the difference and the prior express consent.

10.10.4 In the case of failure to send the E-mail Alert Delay or not fixed in the same New Delivery Term, all terms of Articles. 10.10.2 (i), (ii) and (iii) and 10.10.3 (i), (ii) and (iii) above shall run from the end of the original delivery.

10.10.5 Acceptance of the New Delivery Time, in the cases referred to in Articles. 10.10.2 and 10.10.3 and the user's choice, in the cases referred to in Articles. 10.10.2 (ii) and (iii) and 10.10.3 (ii) and (iii) must be promptly communicated to Fratelli Cervelli Srl E-mail to 'address in art. 15 that it follows.

10.10.6 In all cases referred to in Articles. 10.10.2 and 10.10.3 above where the user is due a refund, the refund amount will be communicated to the user by e-mail. It will be refunded to the same means of payment used by the user to purchase, in the case of payment by credit card or PayPal. In other cases, Fratelli Cervelli Srl ask you the bank needed to carry out the redemption. Any delay may depend on the bank or on the type of credit card used.

10.10.7 It is up to the user to verify the conditions of the product that was delivered. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Fratelli Cervelli Srl is transferred to the user, when the user or a third party appointed by him other than the carrier, enters physically in possession of the products, you It recommends the user to check the number of received products and the packaging is not damaged or wet or otherwise altered, including the sealing materials (adhesive tape or metal) and you should ask them, in their interest, in indicate in the carrier transport document, any faults, subject to acceptance of the package. Receipt of unqualified products, in fact, does not allow the user to take legal action against the carrier, in the case of loss or damage to the Products, except in the case where the loss or damage is due to willful misconduct or gross negligence of courier and the same except for the partial loss or damage not identified at the time of delivery, provided that in the latter case, the damage is reported just met and no later than eight days after receipt. In the event that the package for visible signs of tampering or alteration, it is also recommended the user to immediately notify Customer Service. This is without prejudice, in any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity.

10.10.8 Recalling user the ability to dispose of your used product WEEE (Waste Electrical and Electronic Equipment) at the local ecological islands or collection points, Fratelli Cervelli Srl, in compliance with the provisions of Legislative Decree no. 14 March 2014, n. 49, it provides, upon delivery of a new electrical and electronic equipment intended for a domestic core, free pickup, on a one to one, the apparatus used, provided that it is of equivalent type to the new equipment supplied. In Page Product is indicated if the product is subject to WEEE and accessible via links from this page provided all information about the ways in which it is carried out free pickup and the ways in which the user can request the withdrawal. It should be noted, however, that the withdrawal of WEEE equivalent type compared to New product purchased, it will be settled at the Home Delivery, for users who select the delivery mode at Home in the Plan, except for the situation where the new product is an appliance built-in, in which case the withdrawal, depending on the delivery area in which this product is to be delivered, could take place within 30 working days from the delivery date ( '' WEEE withdrawal Context ''). Users who do not select this method of home delivery or choosing a different mode of delivery by Home Delivery will give WEEE, equivalent type than the product purchased again, at grouping centers and / or affiliated centers specifically named in site, using the appropriate link on the product page ( '' WEEE Withdrawal through Grouping Places ''). To take advantage of the retreat Contextual WEEE service, the user selects the home delivery of the Plan, must select the appropriate option present during the purchase process in the shopping cart.

10.10.9 of the service Withdrawal Context WEEE will happen with the following ways:

the. the user will be contacted to agree terms for the withdrawal. You acknowledge that, in the event that the WEEE does not correspond to the type of product purchased again through the Site, the Context WEEE withdrawal service will not be provided; this service will not be provided even if the mismatch between the WEEE and the new product was purchased on the site were to emerge in retreat;

ii. in the case in which the user exercises his right of withdrawal in relation to New product purchased through the Website and the Service of Withdrawal Context WEEE requested has not yet been paid out, the service will not be provided.

iii. if instead the user exercises his right of withdrawal in relation to New product purchased through the Website and the WEEE Collection Service Context has already been paid, the cost of disposal will not be charged to the user.

10:10:10 They can not make purchases on the Site those who have not accepted your delivery for more than two times for different orders. In the event that such persons carry out orders in violation of this provision, the purchase contract will be considered terminated as of right pursuant to and for the purposes of Art. 1456 cc The termination of the contract will be communicated to the customer via e-mail.

11. Right to withdraw from the purchase of Products

11.1 Subject to the provisions of art. 11-bis 1 below, in accordance with Articles 52 et seq. of the Consumer Code, the user plays as a consumer has the right to terminate the purchase contract of the Product, without giving any reason and without incurring any costs other than those provided for by Articles. 11.5 and 11.9 below, within a period of fourteen calendar days ( "Withdrawal Period"). The withdrawal period will expire after 14 days:

a) in the case of just for one product order, the date on which the user or a third party other than the carrier and designated by the user, acquires physical possession of the Products;

b) in the case of a Multiple Order separately under, from the day in which the user or a third party other than the carrier and designated by the user, acquires physical possession of the last product; or

c) in the case of an order for the delivery of a product consisting of multiple lots or pieces, the day on which the user or a third party other than the carrier and indicated by the user, acquires physical possession of the last lot or piece ;

11.2 To exercise the right of withdrawal, you must inform Fratelli Cervelli Srl, before the expiry of the period of withdrawal of his decision to withdraw.

11.3 In order to exercise the right of withdrawal, the user can:

(A) use the model withdrawal form as Fratelli Cervelli Srl ( "type of Withdrawal Form"), placed at his disposal in the site, before the conclusion of the contract, through the link "Right to Return and Form Type" also accessible from the Home product, and attached to the e-mail confirmation of the order of art. 4.1.4 above; or

(B) make any other unequivocal statement setting out his decision to withdraw from the contract ( "Statement of Withdrawal").

11.3-bis Fratelli Cervelli Srl offers the user the ability to exercise the withdrawal on line, filling out and submitting a form ( "Form of Withdrawal On Line") via internet, by following the guided setup procedure available to it in the "Area staff - post-Sale "Site Services. In this case, Fratelli Cervelli Srl will transmit, without delay, to the user, via email, a confirmation of receipt of the cancellation request.

11.3-ter Without prejudice to the possibility of sending the Withdrawal Form On Line, the Form of Withdrawal type or declaration of withdrawal must be sent to the following address: Fratelli Cervelli Srl, Via Legnano, 52 63821 Porto Sant'Elpidio (FM)

11.3-c In all cases of exercise of the right of withdrawal, regardless of the mode of the same, Fratelli Cervelli Srl will send the user a confirmation of receipt of the request for withdrawal e-mail ( "E-mail the Withdrawal Confirmation" ). In this e-mail will be attached in a PDF document containing (i) a precompiled label that the user can attach the package to speed up the shipping and on which, in turn, will print the bar code that you can use to Inpost open the locker in case, the conditions are fulfilled, wishing to make use of the return procedures of art. 11.5-bis below ( "Bar Code") and (ii) the 15-digit code starting EPR for the user, as an alternative to the Bar Code, can can use to open the locker Inpost in case, the conditions are fulfilled, wishing to make use of the return procedures of art. 11.5-bis below ( "EPR Code").

11.4 The user has exercised his right of withdrawal within the withdrawal period, if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the period of withdrawal. In case the user makes use of the Declaration of withdrawal, he is asked to indicate in the statement of withdrawal order number, the / the product / s for / i where / the exercising the right of withdrawal and the his address. It is noted that, since the burden of proof of exercising the right of withdrawal before the expiration of the withdrawal period looming on the user, it is in your interests to use of a durable medium when communicating to their Fratelli Cervelli Srl withdrawal.

11.5 The user must return the products to Fratelli Cervelli Srl, using a carrier at its option and expense, without undue delay and in any case within 14 calendar days from the date on which you communicate to Fratelli Cervelli Srl his decision to withdraw. The deadline is met if you send back the products before the fourteen day period expires (the "Refund Deadline"). The Product, properly protected and packed, must be sent to the following address: Brothers Srl Brothers Brains Brains Srl. The direct cost of returning the products to Fratelli Srl Brains are borne by the user. In the case of goods which by their nature can not normally be returned by post, type in the Instructions on withdrawal will be indicated the maximum estimated cost of the return of such products, identified by type. Instructions on Withdrawal type of Fratelli Cervelli Srl, which contain information on exercising the right of withdrawal from the Products are available to the user on the site before the conclusion of the contract, through the link "Right of Withdrawal Form and type" also accessible from the product page and attached to the e-mail confirmation of the order of art. 4.1.4 above. The deadline is met if you send back the goods before the expiration of the 14 day period. The return of the Product to Fratelli Cervelli Srl takes place under the responsibility and at your expense.

11.5 bis As an alternative to the products of restitution procedures of Art. 11.5 above, the user can make the return of the Product with respect to which he exercised his right of withdrawal from a INPOST locker. To open the locker INPOST in which to place the product to be returned, the user can scan the Barcode with the dedicated Locker player or type the EPR Code. The product is intended to be returned when it is placed inside the INPOST locker. In case you return the product for which he has exercised his right of withdrawal by the Locker INPOST, the return expenses and responsibility for the transport are borne by Fratelli Cervelli Srl.

Because of the limited capacity of the locker INPOST, the return mode using INPOST Locker is available only if the package containing the product to be returned is the same size or smaller than the following: 38x38x64 cm. Refunds through INPOST Locker is therefore possible only for products for which the delivery is available at the locker INPOST and then only if, during the purchase process, the user, as indicated in art. 10.9.1 above, it was given the opportunity to select the method of delivery.

11.6 If the user terminates the contract, Fratelli Cervelli Srl will refund the Total Amount Due paid for your product, including delivery costs, including those resulting from any additional user choice of a different type of delivery by standard delivery, which is less expensive, offered by Fratelli Cervelli Srl, without undue delay and in any event no later than 14 calendar days from the day in which Cervelli Fratelli Srl has been informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user, in case of payment by credit card and PayPal unless you have expressly agreed otherwise. In other cases, Fratelli Cervelli Srl ask you the bank details necessary to make the repayment, unless you have expressly agreed otherwise. In case of partial withdrawal from Multiple Orders, quantifying the costs of delivery to be returned to the user through the exercise of the right of withdrawal it will be made as indicated in art. 10.3 above. In any case, the user will not incur any fees as a result of such reimbursement.

In the case where the user has ordered the return of the Products using a carrier at its own expense and at its option, making use of the procedure referred to in Article. 11.5 above, Fratelli Cervelli Srl may suspend redemption until receipt of the Products, or until his demonstration by the user of having sent back the Products, whichever comes first.

11.7 You are solely responsible for the decrease in value of the goods resulting from the handling product different from those needed to establish the nature, characteristics and functioning of the product. The product will still be guarded, manipulated and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and package leaflets, with identification tags, labels and disposable seal, if any still attached to the product intact and not tampered with, and perfectly suitable for the intended use and free of signs of wear or dirt. The withdrawal also applies to the product in its entirety. It can not therefore be exercised in relation to parts and / or accessories of the Product. In the event that on the product package is inserted the serial code of the same, as for example, for electronic products, it constitutes part of the product and, consequently, the product must be returned in the original package, which must be placed in a further packaging, not being able to appear on the same label or any other tape. In the product page will be expressly indicated if the original packaging must be considered part of the Product, the purpose of exercising the right of withdrawal.

11.8 In the event that the withdrawal has not been exercised in accordance with the applicable legislation, it does not result in the termination of the contract and, consequently, will not be entitled to any refund. Fratelli Cervelli Srl will notify the user, by e-mail within 5 working days of receipt of the Product, rejecting the request for withdrawal. The product will remain at Fratelli Cervelli Srl to the user for the withdrawal, which must take place at the expense and responsibility of the user himself.

11.9 In the event that the product for which it was terminated the contract has suffered a diminution in value resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product, the refund amount will be reduced by an amount equal to the diminution in value. The circumstances and the consequent decreased amount of reimbursement Fratelli Cervelli Srl will notify the user, by e-mail within 5 working days of receipt of the product, while also providing, in the case where the refund has already been paid, the bank details for the payment of the amount due from you due to the decrease of the product value.

11.10Nel case, using one of the legal assumptions (eg: supply of audio or computer software unsealed by the consumer), the right of withdrawal does not apply, for such exclusion will be specific date and expressed in the communication Product Page and, in any case, during the buying process, before the user proceeds to the order transmission.

11:11 In the event that the right of withdrawal is exercised in accordance with the provisions of art. 52 et seq. of the Consumer Code, by a user who has chosen to pay by installments with financing provided for in Article. 9.6 above or the payment by CONSEL in Cart @ net in art. 9.7 above, the loan contract will be canceled, without penalty, in accordance with art. 58 of the Consumer Code.

11-bis. Right to withdraw from the Additional Assistance Services

11-bis.1 Added Services Customer, as defined under. 14 below, they are incorporated in a physical product that is delivered to the user like any other product. The terms and procedures for exercising the right of withdrawal from the contract of purchase of the Additional Services of assistance and the terms and how to return the physical product incorporating such services are, therefore, those for all other products by 11.1 items 11.5-bis above. You remember, then, the user, once exercised, in the manner set out in Articles. 11.1 to 11.4 above, the right of withdrawal in respect of an Additional Customer Service, he will be required to return the physical product that incorporates this service in the terms and in the manner set out in Articles. 11.5 or 11.5-bis above.

11-bis.2 Al withdrawal from the Services of Support Additional apply also to the provisions of Articles. 11.6 at 11.11 above.

11-bis.3 If the user exercises his right of withdrawal in accordance with the provisions of art. 52 et seq. of the Consumer Code in relation to a product in conjunction with whom he purchase an Additional Customer Service, the purchase of such service shall be deemed canceled, without penalty, in accordance with art. 58 of the Consumer Code.

12. Legal Compliance Warranty

12.1 All products sold on the Site are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Consumer Code ( '' Guarantee Law '').

12.2. Who is covered

The Legal Guarantee is for the consumers. It, therefore, is applicable only to users who have purchased on the Site for purposes unrelated to their entrepreneurial, commercial, craft or profession. People who bought on the Site and which is not of the quality of consumers will apply the warranties for defects of the thing sold, the warranty for quality defect of promises and basic and further guarantees provided by the Civil Code with its terms, and forfeitures limitations.

12.3. When you apply

The seller (and, therefore, as regards purchases of products by Fratelli Cervelli Srl) is liable to the consumer for any lack of conformity which exists at the time of delivery of the product that become apparent within two years from that delivery. The lack of conformity must be filed with the dealer, at voiding the penalty, within two months from the date on which it was discovered.

Unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the product already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the consumer's burden to prove that the defect existed at the time of delivery of the same.

12.4 In order to use the Warranty Legal, the user must first provide proof of the date of purchase and delivery. It 'should, therefore, the user, for purposes of this test, keep the order confirmation or invoice as well as DDT or any other document that can prove the date of purchase execution and the date of delivery (for example, the statement of the credit card or bank statement).

12.5. What is the lack of conformity

There is a lack of conformity, when the purchased goods:

It is not suitable for the purposes for which goods of the same type are normally used;

It does not comply with the description given by the seller and does not possess the qualities of goods which the seller has held out to the consumer as a sample or model;

It does not have the usual quality and performance of goods of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or labeling;

is not suitable for the particular use which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.

12.6 They are therefore excluded from the scope of the Legal Warranty any failure or malfunction determined by accidental facts or responsibility, or by use of the product not conforming to its intended use and / or as provided in the technical documentation supplied with the product .

12.7. Remedies available to the user

In case of lack of conformity duly reported in the terms, the user has the right:

- In the primary, the free repair or replacement, at its option, unless the remedy requested is impossible or excessively expensive compared to another;

- Secondarily (ie in cases where repair or replacement is impossible or prohibitively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously made have caused significant inconvenience to the consumer) to the reduction the price or the termination of the contract, at his choice.

The remedy requested is overly burdensome if it imposes costs on the seller unreasonable in comparison to alternative remedies that may be exercised, taking into account (i) the value the goods would have if there were no lack of conformity; (Ii) the extent of the lack of conformity; (Iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.

12.8. What to do in case of a lack of conformity

In the event that a product, during the period of validity of the legal warranty, posters what could be a lack of conformity, the user must contact Customer Service using the contact details in art. 15 that it follows. Fratelli Cervelli Srl will reply promptly to communications of the alleged lack of conformity, and will tell you the specific procedure to be followed, even taking into account the category of goods which belongs Product and / or the reported defect.

Depending on the type of product, the Customer Service will tell you if:

(I) the product can be sent to Fratelli Cervelli Srl for subsequent transmission to the central competent assistance or

(Ii) if it is provided on-site assistance.

It is understood that the Fratelli Cervelli Srl the entity in charge of implementation of the Office in respect of the Product Warranty. Fratelli Cervelli Srl shall not be responsible for the application of the Guarantee Law in relation to products sold by Sellers Terzi.

12.9 In the case of art. 12.8 (i) above, Fratelli Cervelli Srl will collect the Product and send it to the responsible service center. In the case provided by art. 12.8 (ii) above, however, Fratelli Cervelli Srl will arrange with you a date for the assistance access on site.

In any case, the center responsible service will carry out the necessary checks to verify the existence or otherwise of the alleged conformity defect. In the case where the defect exists, if the user has chosen, among the remedies available, the repair, the service center will proceed to repair. In contrast, if the user has chosen the replacement and it is not for Fratelli Cervelli Srl objectively impossible or prohibitively expensive compared to the repair, Fratelli Cervelli Srl will replace the Product. If the service center finds the lack of conformity, any repair / replacement and the transport to the service center will be borne by Fratelli Cervelli Srl expenses. If the service station does not note a lack of conformity, it will not be possible to apply Guarantee Legal and hence the transport costs and the eventual repair or replacement will be charged to the user. Fratelli Cervelli Srl will inform the user of the condition and any costs to be incurred for the repair or replacement. Fratelli Cervelli Srl reserves the right to send you the quote issued by the service center, so that the user can decide whether or not to repair or replacement at its own expense. The user must authorize the repair or replacement at its own expense in writing. Following this acceptance it will establish a direct relationship between the service center and the user to which Fratelli Cervelli Srl will be completely alien and against which no responsibility can be attributed to the same.

12:10 In all cases, the repair or replacement of defective products, if required, will be carried out as soon as possible and, save in exceptional cases or force majeure, within 60 calendar days from the day when Fratelli Cervelli Srl received defective product. In the event that the replacement or repair at first choices were not made within that period, the user can request one of the alternative remedies provided by Law (replacement warranty, if the repair had been applied for, repair in the event that it were replacement, price reduction or termination of contract) was requested.

12:11 Fratelli Cervelli Srl reserves the right to request the user to attach to the request for use of the invoice for the order Legal Compliance Warranty.

13. Conventional Manufacturer Warranty

13.1 The products sold on the Site may, depending on their nature, be covered by a standard warranty issued by the manufacturer ( '' Warranty Conventional ''). You can make this guarantee invoked only against the manufacturer. Duration, extension, territorial, the conditions and methods of use, the types of damage covered / defects and any of the conventional warranty limitations depend on the individual manufacturer and are indicated in the SO-CALLED certificate of guarantee contained in the product box.

The Conventional Warranty is voluntary in nature and does not replace, does not limit and does not prejudice nor exclude the Legal Warranty.

14. Marketing of Additional services of Payment Support

14.1 Fratelli Cervelli Srl, in collaboration with other companies, offers the user the option to purchase additional support services ( '' Additional Assistance Services '') that allow users to take advantage of technical assistance in connection with the Product in conjunction with which they are sold or, in any product, in the case of stand alone sale, after the expiry of the Guarantee Law and / or conventional warranty, under the conditions and with the limitations established by the utility companies of such services and contained in its general conditions will be available to the user before he can purchase the Services of Assistance Extra. The Additional Services are not a substitute service, they do not limit or prejudge or exclude the Legal Warranty payable by Fratelli Cervelli Srl, of which the consumer, as provided by law, can always rely on. The Additional Assistance Services are provided by third-party companies than Fratelli Cervelli Srl whose details will be shown during the checkout process before you may conclude with Fratelli Cervelli Srl a contract that gives it the right to use these services.

14.2 Purchase of Additional Assistance Services is a consideration and thus also includes the payment of a fee charged to the user. This cost, any other information detailed on Assistance Services Additional, the utility companies and how activation of the same will be provided during the purchase process before the user can proceed with the purchase of this service

14.3 In all cases of termination, for any reason, including the exercise of the right of withdrawal, the purchase of the product in relation to which the user has purchased the contract Additional services of assistance, the purchase of such services is canceled, at no cost to the consumer and thus return the user to what was paid for the purchase of Additional Assistance Services.

14.4 The right of withdrawal from the purchase contract for services is governed by the Additional Assistance. 11-bis to which reference is made.

14-bis Marketing of Third Party Services

14-bis.1 Fratelli Cervelli Srl, in collaboration with third parties ( '' Third ''), can give the user the option to purchase through the Site services provided by third parties and different from the Services of Support Additional ( '' Service Third '') under the conditions set by third parties and contained in its general conditions which will be made available to the user before he can buy the Third Service.

14-bis.2 The purchase of the third service is a consideration and therefore provides for the payment of a fee charged to the user. This cost, all other information of detail on the Third Service, on Third dispenser service and on how to activate and / or make use of the service will be provided during the purchase process before the user can proceed with the purchase of the Service Third.

14-bis.3 In case of purchase through the website of a third service, the user, who holds the position as a consumer, has the right to terminate the contract, in the manner provided for in Article. 11 above, without specifying the reason and without having to incur, if any, costs other than those referred to in Article. 14-bis.4 below, within fourteen calendar days from the day following that on which the user receives with which Fratelli Cervelli Srl communicates the activation code of the Third Service and / or the way e-mail to take advantage of the same. In case of withdrawal from the purchase contract of a third service, apply, mutatis mutandis, all the forecasts of Articles. 11 above, provided that, in the event that the purchase of Third Service does not involve the delivery of a physical product that incorporates the Third Service, will not apply the provisions relating to return

14-bis.4 If the performance of the Third User Service purchased through the Website may be initiated before the expiry of the withdrawal period referred to in Article. 14-bis.3 above and the user exercises the right of withdrawal after having made a request to that effect, the user, in accordance with art. 57, paragraph III, of consumption, pours Code Fratelli Cervelli Srl, unless otherwise indicated, an amount proportional to what has been provided until such time as the user has informed Fratelli Cervelli Srl of the withdrawal, compared to all the contracted services. The proportionate amount you must pay to Fratelli Cervelli Srl is calculated based on the total price agreed in the contract and resulting from the e-mail order confirmation and is communicated to the user by e-mail.

15.Assistenza Customer Complaints

15.1 And 'possible to ask questions, send information or forward complaints by contacting customer service Fratelli Cervelli Srl (' 'Customer Service' ') in the following manner at the following addresses:

E-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

by mail, by writing to the Fratelli Cervelli Srl, Via Legnano, 52 63821 Porto Sant'Elpidio (FM);

through the Site, by accessing the '' Contact '';

15.2 Fratelli Cervelli Srl will respond to complaints by e-mail or mail within a maximum of two days of receipt of the same.

16. Governing Law; Out of court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution

16. 1 The purchase contract concluded on the Site is governed by Italian law.

16.2 E 'without prejudice to the application to consumer users who do not have their habitual residence in Italy of the provisions would be more favorable and mandatory provided by law of the country where they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities of communication thereof and in the legal guarantee of conformity.

16.3 Note that in the case of user consumer, to any dispute concerning the application, implementation and interpretation of these terms and conditions shall have jurisdiction of the location hole in which the user resides or is domiciled.

 

Under Article 16.4. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n. 206 (Consumer), Brothers Code Brains Srl informs the user who qualifies as a consumer of art. 3, paragraph 1, lett. a) of the Consumer Code, which, in case he has lodged a complaint directly to the Fratelli Cervelli Srl, following which however has not been possible to resolve the dispute thus arose, Fratelli Cervelli Srl will provide the information about this from the or to the Alternative dispute resolution bodies for the extra-judicial settlement of disputes relating to claims arising from a contract concluded on the basis of these Conditions of Sale (so-called ADR entities, as specified in Articles. 141-bis et seq. of the Consumer Code ), stating whether it intends to use or not to such bodies to resolve that dispute. Fratelli Cervelli Srl also informs you that you must put the consumer qualifies in art. 3, paragraph 1, lett. a) of the Consumer Code, which was set up a European platform for online dispute resolution for consumer disputes (ODR platform SO-CALLED). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the website of each of them and start an on-line dispute settlement proceedings in which it is involved. Are subject in any case the consumer user's right to apply to a competent ordinary court the dispute arising from these Terms and Conditions, whatever the outcome of the court settlement procedure, as well as the possibility, where necessary conditions are met, to promote a court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II bis of the consumer Code. The user who is resident in a Member State other than the European Union from Italy, may also have access, to any dispute concerning the application, implementation and interpretation of these Terms of Sale, the European procedure established for small claims entities, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.