General online sales conditions
Following conditions are valid exclusively between the company Powahome srl, with registered office at Via Marsala, 29H - 00185 Roma (RM), REA RM-1518901, VAT number IT14410661004, hereinafter referred to as '' POWAHOME '' and any person who makes purchases online on the website www.powahome.com hereinafter referred to as "CLIENT". These conditions can be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the www.powahome.com site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 concerning electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, POWAHOME sells and the CUSTOMER remotely purchases the tangible assets indicated and offered for sale on the website www.powahome.com. The contract is concluded exclusively through the internet, through the CUSTOMER access to www.powahome.com and the realization of a purchase order according to the procedure provided by the site itself.
Before proceeding to confirm their order, the customer undertakes to review these general sales conditions, in particular the pre-contractual information provided by POWAHOME and accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual product data sheets at the time of the CUSTOMER's choice.
Before validating the order with "payment obligation", the CUSTOMER is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline by which POWAHOME undertakes to deliver the goods;- conditions, terms and procedures to exercise the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- conditions of after-sales assistance and commercial guarantees provided by POWAHOME.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to POWAHOME, the geographical address, e-mail address, information that is reported, even below:
registered office: Via Marsala, 29H - 00185 - Rome (RM)
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered completed with POWAHOME sending to the CUSTOMER an order confirmation e-mail. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the aforementioned email and to promptly notify POWAHOME of any corrections/changes to be made.
POWAHOME undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.powahome.com do not constitute a contractual element, as they are to be considered only representative.
POWAHOME undertakes to deliver the goods within 30 days from the sending by POWAHOME of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Product availability
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
- the products could be sold to other CUSTOMERS before confirming the order, due to the simultaneous presence on the site of several users,
- a computer or internet anomaly could show available a product that in reality is not.
Even after sending the order confirmation email sent by POWAHOME, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of reimbursement of any amounts paid.
ARTICLE 5 - Payment methods
Any payment by the CUSTOMER can only be made using the credit cards indicated on the website www.powahome.com, by bank transfer or with the Paypal payment method.
In case of payment by credit card, the actual charge of the order amount will take place only when the order is complete and ready for shipment.
In case of payment by Paypal, the actual charge will be made at the time of the sending by POWAHOME of the order confirmation e-mail.
Payments can also be made using a Gift Card and Loyalty Voucher.
The communications relating to the payment and the data communicated by the CUSTOMER at the time this is carried out take place on special protected lines. Credit card payment security is guaranteed by the PayPal.com payment management system.
In case of payment by bank transfer, the products will be shipped as soon as the full amount will be credited to the bank account held by the company Powahome SRL. This procedure can take anywhere from 24 to 72 hours.
ARTICLE 6 - Prices
All the selling prices of the products indicated on the website www.powahome.com are expressed in Euros and include VAT, and where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.
The CUSTOMER accepts the faculty of POWAHOME to modify its prices at any time, however the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by POWAHOME to the CUSTOMER.
In the event of an IT, manual, technical error, or any other nature that could result in a material change, not provided for by POWAHOME, of the selling price to the public, which makes it exorbitant or clearly insignificant, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must notify POWAHOME via an explicit declaration, which may be sent by registered mail or by email to firstname.lastname@example.org. The communication by email is considered valid only in the presence of confirmation by email from POWAHOME.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Powahome s.r.l. Via Marsala, 29H - 00185 - Rome (RM),
With this I/we (*) notify (*) the withdrawal from my/our (*) sales contract of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of consumer(s)
(only if this form is sent in paper form)
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to POWAHOME his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to POWAHOME Italia s.r.l., at Via Marsala 29H, 00185 - Rome (RM).
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, POWAHOME will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, all shipping costs will be charged to the CUSTOMER (art. 56 co. 2 legislative decree 206/2005).
The customer is also entitled to return the product purchased online at all Powahome stores subject to confirmation by POWAHOME. In this case, the creation of the online return procedure is not necessary and all costs relating to the return will be borne by the customer (eg: petrol, product disassembly etc).
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, POWAHOME may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates to have returned the goods to POWAHOME.
POWAHOME will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide POWAHOME, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the repayment to be made by POWAHOME.
ARTICLE 8 - Legal guarantee of conformity
In the event of receipt of defective products or in any case non-compliant with the orders made, the CUSTOMER has the right to restore, without the expense, the conformity of the product by repair or replacement of the product. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to POWAHOME within two months of its discovery.
In order to exercise the aforementioned right, the customer will have to proceed with the creation of a computerized practice of Reso by accessing the "My orders" section of the "My online account" space on the website www.powahome.com.
POWAHOME, in the event of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 9 - Commercial guarantee
All the products presented on the website www.powahome.com benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product data sheets of the articles.
To use the warranty, the CUSTOMER must keep the invoice that he can print by accessing the "My orders" section of the "My online account" space.
ARTICLE 10 - Delivery methods
POWAHOME will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation email sent by POWAHOME.
For every order placed on the website www.powahome.com or store.powahome.com, POWAHOME issues a purchase receipt for the goods shipped. The invoice is available and you can request it during the purchase. The purchase receipt or invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 11 - Responsibility
POWAHOME does not assume any responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if caused by malfunctions and disruptions of the internet, in the event that it is unable to execute the order within the time stipulated in the contract.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of POWAHOME and are protected by intellectual property rights.
ARTICLE 13 - Cookies
The website www.powahome.com uses "cookies". Cookies are electronic files that record information related to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow POWAHOME to offer a personalized service to its customers.
POWAHOME informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
For more information: www.powahome.com/pages/cookie-policy
ARTICLE 14 - Integrity
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 - Applicable law and competent court
These General Terms and Conditions of Sale are subject to Italian law.Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of Rome.
In any case, it is possible to optionally resort to mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these terms and conditions by accessing the following site: https: // webgate.ec.europa.eu/odr.
General sales conditions updated on December 17, 2018