These general conditions of sale form an integral part of the online sales contract stipulated between the buyer (Customer) and Link S.r.l. (Seller).
All product purchase contracts concluded through the linkitaly.com website in the absence of specific agreements between the Seller and the Customer will be governed in accordance with the provisions of these General Conditions.
- Acceptance of the general conditions of sale
1.1 – The contract between Link S.r.l. and the Customer must be considered concluded with the acceptance, even partial, of the order by Link S.r.l. which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions transcribed below.
1.2 – If the customer is a final consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure is concluded, he will print or save an electronic copy and, in any case, keep these general conditions of sale, in compliance with the provisions of art. 7 of the Italian Legislative Decree no. 206/2005 on distance selling.
1.3 – Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by the non-acceptance, even partial, of an order.
- Method of purchase
2.1 – The customer can only purchase the products shown in the electronic catalog of linkitaly.com at the time of placing the order and viewable at the address (URL) linkitaly.com, as described in the relevant information sheets. The technical information entered on the linkitaly website faithfully reproduce those of the manufacturers of the goods included in the catalog. Link S.r.l., therefore, reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without any prior notice. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics, and may differ in color, size, accessory products shown in the figure. All purchase support information is intended as simple generic information material, not referable to the real characteristics of each individual product.
2.2 – Correct receipt of the order is confirmed by Link S.r.l. by means of an automatic e-mail response, sent to the e-mail address indicated by the Customer during the order process. This confirmation message will include the date and time of execution of the order and a ‘Customer Order Number’ to be used in any further communication with Link S.r.l.. The message repeats all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any corrections, in the manner described in this document. The customer can also check the status of their order by accessing their dedicated web area. To access the dedicated area, they must log in from the site and then choose the “my account” menu item.
2.3 – In case of non-acceptance of the order, Link S.r.l. undertakes to promptly communicate to the customer in the same way.
2.4 – All prices on the site are to be understood as public prices and therefore include VAT. Link S.r.l. reserves the right to change prices at any time, without notice. A price change cannot lead to customer complaints.
2.5 – The products visible on the linkitaly.com website are those available at the time of the order. Since the simultaneous access of many users-customers and the simultaneous possibility of “online” orders can modify the availability of products, Link S.r.l. does not guarantee the certainty of assigning the goods ordered, until the order itself has been confirmed in the “My account” area.
2.6 – On certain products, subject to price promotions, Link S.r.l. reserves the right to accept orders by reducing their quantities, subject to communication and acceptance by the Customer, failing which the order must be considered canceled.
- Methods of payment
Unless otherwise agreed, the Customer will pay the price of the ordered items in full, at the same time as placing the order. Link S.r.l. reserves the right to deliver the purchased items only after receiving the payment of their full price. The linkitaly.com website can offer various payment instruments, such as, by way of example but not limited to, payment by credit card (Visa, MasterCard), payment by means of a protected “Paypal” system and advance payment by bank transfer.
- Delivery methods
4.1 – Link can accept orders with delivery made in the name and on behalf of the customer in all countries except for those where it is specifically indicated with the text “This product is not available for your country“.
4.2 – It is the Customer’s sole responsibility to ensure that the products purchased on linkitaly.com can be shipped to their Country of destination and that there are no governmental or other restrictions. Link S.r.l. is authorized to cancel an order and refund the paid amount if the country of destination is subject to any restrictions.
4.3 – By agreeing with these terms, you are providing Link S.r.l. the authorization to deliver the goods through its own express courier.
4.4 – For each order placed on linkitaly.com, Link S.r.l. issues regular Invoice for the products sold. For the document Link S.r.l. uses the information provided by the Customer at the time of the order, including the shipping information.
4.5 – Link S.r.l. will not be responsible for non-delivery or delayed delivery in the event that: (a) despite the regular and timely purchase of the items to cover the order received, the company has not been supplied in the terms and manner agreed with the supplier; (b) is unable to make up for the unavailability of such items; and (c) promptly notified the customer of the unavailability of the article, informing them of the right of withdrawal. Link S.r.l. will not be responsible for failure or delayed delivery due to causes of force majeure, such as – by way of example but not limited to – strikes, measures of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, damage to industrial machinery not dependent on Link S.r.l.’s fault who will promptly notify the customer of the occurrence and disappearance of a cause of force majeure.
4.6 – In the event of a purchase made by a consumer, the risk of accidental loss of the article remains with Link S.r.l. until the delivery of the article itself to the consumer or to another person indicated by the latter, regardless of whether the shipment of the article is insured or not. In the event of a purchase made by a person other than a consumer (i.e. a Company), the risk of accidental loss of the article passes to the Customer with the delivery of the article by Link S.r.l. to the first carrier. The payment of the goods by the customer will take place using the method chosen at the time of the order. No additional costs or commissions are due to Link S.r.l. if not provided by the chosen mode. Upon delivery of the goods by the courier or by a person appointed by Link S.r.l., the Customer is required to check: that the number of packages delivered corresponds to what is indicated on the Accompanying Invoice; that the packaging is intact, not damaged, nor wet or, in any case, altered, even in the sealing materials (adhesive tape or metal straps). In any case, the courier is not required to have checks on the purchased item, so they won’t be able to open the package to check its status.
- Delivery costs and couriers
The goods are delivered by Link S.r.l. by courier. Transport costs vary in relation to the delivery address indicated by the customer: In the event of an order with a value of less than € 30.00 (thirty / 00) the transport cost is charged to the customer and amounts to € 15.00 (fifteen / 00 ), In the event of an order with a value of less than € 50.00 (fifty / 00), the transport cost is charged to the customer and amounts to € 10.00 (ten / 00) for any destination in Italy for cash on delivery the price is increased by € 5.00 (five / 00); In the event of an order with a value greater than € 500.00 (fifty / 00), the transport costs are borne by Link S.r.l. (the cost of the mark remains unchanged).
- Confidentiality agreement
Until the customer has paid the full price of the purchased item, Link S.r.l. will have exclusive ownership of the item itself.
- Right of withdrawal
Pursuant to articles 50 to 64 and following of the Italian Legislative Decree 6 September 2005, n. 206 (The Consumer Code), if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to Link S.r.l. a reference of VAT number), has the right to withdraw from the purchase contract for any reason, without any penalty and without prejudice to what is indicated in the following points. To exercise this right, the Customer must send a registered letter with acknowledgment of receipt or send a fax to the following address / number: Link S.r.l. Via Bruno Pontecorvo, 10 – 00012 Guidonia Montecelio (RM) – fax 06 22725225 or alternatively make use of the specific refund form in their profile on linkitaly.com. The reimbursement, where possible, will take place in the same way in which the payment was received, that is, for example, with a cancellation on the credit card or on the Paypal account. In all other cases, the refund will be made by bank transfer. The consumer has the right, within 10 working days from receipt of the goods, to exercise the right of withdrawal.
The right of withdrawal is however subject to the following mandatory conditions:
▪ The law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g. accessories, attached software, etc.);
▪ The purchased good must be intact and returned in its original complete packaging in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; the affixing of labels or adhesive tapes directly on the original product packaging must be avoided in all cases;
▪ The shipping costs for returning the goods are charged to the customer;
▪ The shipment is under the full responsibility of the customer until the certificate of receipt in our warehouse;
▪ In the event of damage to the goods during transport, Link S.r.l. will notify the Customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow them to promptly file a complaint against the courier chosen by them and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
▪ Link S.r.l. does not respond in any way for damage or theft / loss of goods returned by uninsured shipments;
Without prejudice to any restoration costs for damages ascertained to the original packaging, Link S.r.l. will refund the customer the full amount already paid, within 20 days of the return of the goods, by reversing the amount charged to the credit card or by bank transfer. In the latter case, the Customer will promptly provide the bank details on which to obtain the refund.
The right of withdrawal is lost for lack of the essential integrity of the property (packaging and / or its content), in cases where Link S.r.l. finds:
lack of the external packaging and / or the original internal packaging;
or absence of integral elements of the product (accessories, cables, manuals, parts, …) or anomalies to the product itself;
or damage to the product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, Link S.r.l. will return the purchased good to the sender, charging the shipping costs to the same.
8.1 – All products marketed by Link S.r.l. are covered by the manufacturer’s conventional warranty and by the 24-month warranty for conformity defects, pursuant to Italian Legislative Decree no. 24/02. To benefit from the warranty assistance, the Customer must keep the document he will receive together with the purchased goods.
8.2 – The manufacturer’s conventional warranty is provided in the manner described in the documentation inside the product packaging, if applicable. If, following intervention by an Authorized Service Center, the defect is not covered by the manufacturer’s conventional warranty, the Customer will be charged for any verification and restoration costs required by the Authorized Assistance, as well as the transport costs, if supported by Link Srl.
8.3 – The 24-month warranty pursuant to Legislative Decree n. 24/02 applies to products that present a lack of conformity, provided that they are used correctly, in compliance with their intended use and as provided in their technical documentation. This guarantee, in compliance with Legislative Decree N. 24/92, is reserved only to the private Consumer (natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a VAT number reference). In case of lack of conformity, Link S.r.l. provides, at no cost to the customer, to restore the conformity of the product by repair / replacement or to reduce the price, until the contract is terminated. If, following intervention by an Authorized Service Center, there is no lack of conformity pursuant to Legislative Decree no. 24/02, the Customer will be charged for any verification and restoration costs required by the Authorized Assistance, as well as the transport costs if incurred by Link S.r.l..
8.4 – The replacements in case of a non-functioning product (Dead On Arrival: DOA), without prejudice to the existence of the conditions for the application of Legislative Decree no. 24/02, will be carried out only if expressly provided for by the manufacturer. The times of replacement or repair of the product depend exclusively on those indicated by the manufacturer. The customer can then contact the service centers directly or request Link S.r.l. to deal with the fault management. Shipping costs will however be charged to the customer.
8.5 – In the event that, for any reason Link Srl, is unable to replace a product under warranty (restored or replaced), it may proceed, with the Customer’s consent, to replace the product itself (if still on the price list) or with other of equal characteristics and value or, finally, upon the issue of a discount voucher of the same amount that can be spent on another product valid for 6 months from the moment of issue.
8.6 – No penalty can be requested from Link S.r.l. for any delays in making repairs or replacements of products under warranty.
- Jurisdiction and applicable law
The sales contract between the customer and Link S.r.l. is concluded in Rome and regulated by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Court of Rome.
The conditions contained in this document may be modified by Link S.r.l. without notice and will be valid from the date of publication on the website www.linkitaly.com
- Final provisions
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the customer declares to expressly approve the provisions of the following articles: 2. (Purchase method), 3 (Payment method), 4 (Delivery method) 6. (Confidentiality agreement) ), 9. (Jurisdiction and Applicable Law).