These conditions are valid exclusively between the company Bibite Polara Srl, with registered office in C.da Margi, snc - 97015 Modica (RG), REA Number RG-003445, VAT no. 00828920884, hereafter called ''BIBITE POLARA'’ and any person who makes online purchases on the site www.polara.it, hereafter called “CUSTOMER”. These conditions may be subject to change and the date of their publication on the site is the date of entry into force.
These conditions govern purchases made on the site www.polara.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on electronic commerce.
ARTICLE 1 - MATTER OF CONTRACT
With these general conditions of sale, BIBITE POLARA sells and the CUSTOMER buys off site the tangible movable goods indicated and offered for sale on the website www.polara.it. The contract is executed exclusively through the Internet, through the access of the CUSTOMER to the address www.polara.it and the implementation of a purchase order according to the procedure provided by the website itself. The CUSTOMER undertakes to read, before confirming the order, these general conditions of sale, in particular the pre-contractual information provided by BIBITE POLARA and to accept it by marking the box indicated. In the order confirmation e-mail, the CUSTOMER will also receive a link to download and store a copy of these general conditions of sale, as provided by article 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - PRECONTRACTUAL INFORMATION FOR CONSUMERS - Article 49 of Legislative Decree 206/2005
The CUSTOMER, prior to the conclusion of the purchase contract, takes note of the characteristics of the goods that are illustrated in the individual product sheets at a time of the CUSTOMER's choice. Before the validation of the order with "payment obligation", the CUSTOMER is informed of: - the total price of goods including taxes, with details of shipping costs and any other costs;
- method of payment; - the term within which BIBITE POLARA undertakes to deliver the goods; - conditions, terms and procedures for exercising the right of withdrawal (article 6 of these conditions) as well as the standard withdrawal form in Annex I, part B of Legislative Decree 21/2014; - information that the CUSTOMER shall 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 service and commercial guarantees provided by BIBITE POLARA. The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information related to BIBITE POLARA, the geographical address, telephone and fax number, e-mail address, information that is given, also below:
BIBITE POLARA S.R.L. registered office C.da Margi, snc - 97015 - Modica (RG) tel. 0932 941525 - Fax 0932 753829 firstname.lastname@example.org
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered as concluded by the sending of an e-mail confirming the order from BIBITE POLARA to the CUSTOMER. The e-mail contains the CUSTOMER'S details and the order number, the price of goods purchased, shipping costs and delivery address to which the goods are to be sent and the link for printing and storage of a copy of these conditions. The CUSTOMER undertakes to verify the personal data contained in the above mentioned e-mail is correct and to promptly communicate to BIBITE POLARA any necessary corrections/modifications. BIBITE POLARA 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 depicted on the site and the actual product may occur. Furthermore, the photographs of the products presented on www.polara.it do not constitute a contractual element, as they are to be considered only representative. BIBITE POLARA undertakes to deliver the goods within 30 days of BIBITE POLARA sending the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative due to the fact that: - the products may be sold to other CUSTOMERS before the confirmation of the order, due to simultaneous presence of several users, - there could be a computer anomaly such as a product having been made for purchase when in reality it is not. Even after the order confirmation e-mail is sent by BIBITE POLARA, there may be cases of partial or total unavailability of the goods. If this is the case, the order will automatically be rectified with the cancellation of the unavailable product or products and the CUSTOMER will be informed by e-mail straightaway; with this e-mail the customer will also be informed of the methods and schedule of reimbursement of any paid amount.
ARTICLE 5 - Methods of payment
All payments by the CUSTOMER can only be made by means of the credit cards indicated on the website www.polara.it, by bank transfer and PayPal payment method.
In case of payment by credit card and PayPal, the actual charge will be made when BIBITE POLARA sends the order confirmation e-mail. The communications relating to the payment and the data communicated by the CUSTOMER at the moment in which it is made will take place on specific protected connections. The security of payment by Credit Card is guaranteed by the PayPal platform.
ARTICLE 6 - Prices
All sales prices of the products indicated on the website www.polara.it are expressed in Euro and include VAT, and where applicable, the Raee contribution. Shipping costs are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process and before payment is made. The CUSTOMER accepts BIBITE POLARA have the right of to change prices at any time, however, the goods will be invoiced on the basis of the prices indicated on the site at the time the order is placed and indicated in the confirmation email sent by BIBITE POLARA to the CUSTOMER. In case of computer, manual, technical, or any other errors that may result in a substantial change, not foreseen by BIBITE POLARA, in the price of sale to the public, which renders it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled 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 penalty and without specifying the reason, within 14 days from the date of receipt of the products. BIBITE POLARA decides to extend this term from 14 to 30 days, it will therefore be possible for the CUSTOMER to withdraw from the purchase contract up to 30 days after the day of receipt of the products purchased online. In case of multiple purchases made by the CUSTOMER in a single order and delivered separately, the term of 30 days starts from the date the last product is received. The deadline is further increased to 365 days in the case of a customer holding a Decathlon card. The CUSTOMER who intends to exercise the right of withdrawal must communicate it to BIBITE POLARA by means of an explicit declaration, which may be sent by registered letter with return receipt or by certified mail (PEC) email@example.com. The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, as per Annex I, part B, D.Lgs 21/2014 (not mandatory) the text of which is shown below: Standard withdrawal form pursuant to art. 49, paragraph 1, letter h) (please fill in and return this form only if you wish to withdraw from the contract) BIBITE POLARA s.r.l. C.da Margi, snc - 97015 - Modica (RG), telephone: 0932 941525 - fax: 0932 753829 e-mail: firstname.lastname@example.org
I/We (*) hereby notify/notify (*) the withdrawal from my/our (*) contract of sale of the following goods/services (*) - Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is sent in paper version) - Date (*) Delete unused wording. If exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which it was communicated to BIBITE POLARA the intention to withdraw from the contract pursuant to article 57 of Legislative Decree 206/2005. The goods must be sent back to Bibite Polara s.r.l., at Deposito in C.da Margi, snc, 97015, Modica (RG). The goods must be returned intact, in the original packaging, complete in all parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached fiscal documentation. Without prejudice regarding the right to verify compliance with the above, BIBITE POLARA will refund the amount of the products subject to withdrawal within a maximum period of 14 days. As far as the return of the product subject to withdrawal is concerned, Bibite Polara Srl guarantees customers the possibility to use a carrier that has an agreement with the same. In case the customer decides to use this service, the shipping costs (except for those related to the telephone booking) will be borne by Bibite Polara Srl (article 56 co.1 dlgs 206/2005). If the customer intends to use another carrier or another means of shipping, all shipping costs will be borne by the customer (article 56 co. 2 dlgs 206/2005). The customer is also entitled to return the product purchased online through the creation of the online return file. As provided by article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, BIBITE POLARA may suspend the refund until receipt of the goods or until the CUSTOMER proves that the goods have been returned to BIBITE POLARA. BIBITE POLARA will make the refund using the same means of payment chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise the right of withdrawal, the customer shall provide BIBITE POLARA with the bank details: IBAN, SWIFT and BIC necessary for BIBITE POLARA to make the refund.
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of defective products or in any case not in conformity with the orders placed, the CUSTOMER has the right to repair or replace the product without charge. The CUSTOMER may exercise this right if the defect becomes apparent within one month from the delivery of the goods and reports the defect to BIBITE POLARA within two months of its discovery. In order to exercise the above right, the CUSTOMER shall proceed to return the goods. BIBITE POLARA, in case of defective or non-compliant product, will arrange, at its own expense, the collection of the product, subject to the availability of the CUSTOMER.
ARTICLE 9 - Delivery methods
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by BIBITE POLARA. For each order placed on the website www.polara.it, BIBITE POLARA shall issue an invoice for the goods shipped. The invoice will be generated, after the order processing, in the "My Orders" section of the CUSTOMER'S "My Polara Account" space. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in the invoice.
ARTICLE 10 - Liability
BIBITE POLARA does not assume any responsibility for inefficiencies attributable to an act of god or unforeseeable circumstances, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order in the time forecast in the contract.
ARTICLE 11 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial use, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the technology used remain the property of BIBITE POLARA and are protected by intellectual property law.
ARTICLE 12 - Cookies
The website www.polara.it uses ''cookies''. Cookies are electronic files that record information related to the CUSTOMER's navigation of the site (pages consulted, date and time of consultation, etc..) and allow BIBITE POLARA to offer a personalized service to its customers. BIBITE POLARA informs the CUSTOMER of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 13 - Integrity
These General Terms and Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to have full force and effect.
ARTICLE 14 - Applicable law and jurisdiction
These General Conditions of Sale are subject to Italian law. Any dispute that cannot be amicably settled shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State. In any case, it is possible to optionally resort to the mediation procedures provided for by Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr
General terms and conditions of sale updated on 4 June 2020