GENERAL CONDITIONS OF ONLINE SALE.
General provisions
These conditions are valid exclusively between the company Q.bo s.r.l. unipersonale, via don D. Bertoldi, 60 – 46047 Porto Mantovano, Mantua, VAT number 02046160202 hereinafter referred to as “Q.bo” and any person, hereinafter referred to as “CUSTOMER”, who makes online purchases on the q-bo website. net. These conditions may be subject to change, the date of putting them online is equivalent to the date of entry into force.
ARTICLE 1 – Object of the contract
1.1 With these general conditions of sale, Q.bo sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the q-bo.net website. The contract is concluded exclusively through the internet, by accessing the CUSTOMER to the address q-bo.net and placing a purchase order according to the procedure provided by the site itself.
ARTICLE 2 – Pre-contractual information for the consumer – ART. 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated on the individual product pages.
Before validating the order with “payment obligation”, the CUSTOMER is informed regarding:
• total price of the goods including taxes, with details of shipping costs and any other costs;
• terms of payment;
• the deadline within which Q.bo undertakes to deliver the goods;
• conditions, terms and procedures for exercising the right of withdrawal (art. 7 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
• the cost of returning the goods in the event of withdrawal is borne by the CUSTOMER as required by law;
• existence of the legal guarantee of conformity for the goods purchased;
ARTICLE 3 – Conclusion and effectiveness of the contract
3.1 The sale will be considered concluded when Q.bo sends the CUSTOMER an order confirmation email. The e-mail contains the details of the CUSTOMER and the order, the price of the goods purchased, the transport costs and the shipping address to which the goods will be sent. The CUSTOMER undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections.
3.2 Q.bo undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. Furthermore, the photographs of the products presented on q-bo.net do not constitute a contractual element, as they are purely representative.
3.3 Q.bo undertakes to deliver the goods within 30 days of sending the order confirmation email to the CUSTOMER.
ARTICLE 4 – Availability of products
4.1 The availability of the products refers to that present at the moment in which the CUSTOMER consults the product data sheets; this must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to others before the order is confirmed.
4.2 Even after Q.bo sends the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the CUSTOMER will be promptly informed and will be able to decide whether to accept delivery of only the available products or request cancellation of the order by communicating it via e-mail.
ARTICLE 5 – Payment methods
5.1 Payment by the CUSTOMER can be made using one of the methods available on the Checkout page on the q-bo.net website:
– Credit card via PayPal
– Advance bank transfer (where applicable). If available, this payment method is offered on the Checkout page. The goods will be shipped only after they have been credited to the Q.bo banking institution. If the bank transfer is not received within 10 days of order confirmation, the order will be cancelled.
We do not make shipments that require payment on delivery (cash on delivery).
For payments made by credit card, if the unavailability of a product is detected after registering the order and booking the amount on the card, Q.bo will take the necessary steps with the payment operator to reverse the transaction relating to unavailable goods. The actual amount of the order will be charged only when it is complete and ready for shipment.
5.2 Communications relating to payment and the data communicated by the CUSTOMER when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
ARTICLE 6 – Prices
6.1 All sales prices of the products displayed and indicated on the q-bo.net website are expressed in Euros and include VAT.
6.2 Shipping costs are not included in the purchase price (unless otherwise specified) but are indicated and calculated based on the weight/volume of each product on the Cart page before making the payment.
If an order is made up of multiple items, a single shipping cost will be applied equal to the actual weight/volume of the entire order.
6.3 The CUSTOMER accepts Q.bo’s right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of the order and confirmed in the email sent by Q.bo as confirmation of order acquisition.
ARTICLE 7 – Right of withdrawal
7.1 Pursuant to art. 5 DL 185/1999, the CUSTOMER has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 14 days of receiving the goods, without prejudice to what is indicated in the following point 2.
7.2 If the CUSTOMER decides to exercise this right, he must proceed by sending a communication to Customer Service or by completing the Right of Withdrawal form. The CUSTOMER will then receive instructions for returning the goods. By law, shipping costs relating to the return of the goods are borne by the CUSTOMER. In the event that the goods by their nature cannot be returned by ordinary mail, we indicate in the table below by way of example only, the estimated maximum return costs that the CUSTOMER could have to bear for the return of the products for which he intends withdraw from the contract,
| Product type | Estimated maximum cost |
|---|---|
| Bulky products, such as above ground swimming pools | approximately Euro 90.00 |
| Non-bulky products, up to a maximum of 10kg such as a camping table or cot | approximately Euro 20.00 |
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, within 14 days from the date on which the CUSTOMER communicated his decision to exercise the right of withdrawal.
Without prejudice to the right to verify compliance with the above, Q.bo will refund the amount of the products subject to the withdrawal as quickly as possible and in any case within a maximum period of 14 days.
The Right of Withdrawal is regulated by the Consumer Code and concerns only remote sales between Q.bo and the non-professional private CUSTOMER, therefore if you are a VAT number or a company you will not be able to exercise the right of withdrawal.
7.3 The right of withdrawal is however subject to the following conditions:
– the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
– the purchased good must be intact, in perfect working order and returned in the original packaging, accompanied by all accessories and information sheets, with identification tags, labels and disposable seals, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt.
– the purchased good is NOT a spare part; the CUSTOMER will obtain a full refund of the amount paid only if the spare part is not suitable for the Q.bo brand product. For all other products NOT under the Q.bo brand, if the CUSTOMER intends to return the replacement, he will obtain a refund only for the value of the product purchased except shipping costs (where applicable) and any commissions applied by PayPal (3.4% value of the returned product + Euro 0.35). To obtain a full refund, the CUSTOMER must demonstrate that the product in his possession, and for which he intends to return the replacement, is Q.bo branded. Q.bo brand products are identifiable by the presence of the logo and/or the product code label.
To limit damage to the original packaging we recommend placing it in a second box or in any case protecting it adequately; In all cases, affixing labels or adhesive tapes directly to the original packaging of the product should be avoided. Once the package has been prepared, the CUSTOMER must take a photo of the box and send it to Customer Service.
The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the CUSTOMER. In the event of damage to the goods during transport, the seller will notify the CUSTOMER of the incident (within 5 working days of receipt of the goods at its warehouse), to allow him to promptly file a complaint against the courier chosen by him and obtain the reimbursement of the value of the property (if insured); in this case, the product will be made available to the CUSTOMER for its return, simultaneously canceling the withdrawal request.
The seller is not responsible in any way for damage or theft/loss of goods returned by uninsured and traceable shipments.
7.4 Without prejudice to any restoration costs for confirmed damage to the original packaging, Q.bo will reimburse the CUSTOMER the entire amount paid, within 14 days of receipt of the goods. The refund will be made using the same payment method used by the CUSTOMER for the initial transaction.
In any case, withdrawal from the contract cannot be fully recognized if the product has been used and/or assembled, as the condition of the goods and packaging are altered making the product no longer resalable as new. In this case, an assessment of the state will be carried out to estimate its real value which will be communicated to the CUSTOMER.
7.5 The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the seller ascertains:
• the lack of the external packaging and/or the original internal packaging;
• the removal of disposable labels and seals (where present);
• handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product;
• the absence of integral elements of the product;
• signs of wear or dirt
• damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the seller will return the purchased goods to the CUSTOMER; shipping costs will be borne by the CUSTOMER.
7.6 The national rules regarding the right of withdrawal DO NOT apply to small contracts negotiated away from business premises (article 47, paragraph 2, Consumer Code). For the purposes of qualifying as a “small contract”, the limit established by national legislation is equal to 50 euros, in accordance with the provisions of EU legislation.
ARTICLE 8 – Renunciation of purchase
You have the right not to accept the Product upon delivery. However, keep in mind that when the refund credit note is issued, the costs of returning it to the sender will be reversed. Therefore, you will only be refunded the amount of the Product minus return shipping costs.
ARTICLE 9 – Product warranty
9.1 All products sold on the q-bo.net website (where otherwise specified) are covered by the legal guarantee of conformity, 24 months, provided for by the articles. 128-135 of the Consumer Code (‘Legal Guarantee’). To benefit from warranty assistance, the CUSTOMER must keep the invoice/tax receipt that Q.bo sends after shipping the order, or that the retailer issues upon payment.
9.2 If the purchase was made by a company or p. VAT, the legal guarantee is 1 year.
9.3 To whom it applies – The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the q-bo.net site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the q-bo.net site and who do not have the status of consumers will be subject to the guarantees for defects in the item sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations.
9.4 When it applies – Q.bo is responsible towards the CUSTOMER for any lack of conformity existing at the time of delivery of the product and which appears within two years of such delivery. The lack of conformity must be reported to Q.bo, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the seventh month following delivery of the product, it will be the consumer’s burden to prove that the lack of conformity already existed at the time of delivery of the product.
9.5 What is the lack of conformity – You are faced with a lack of conformity when the purchased good:
• it is not suitable for the use for which goods of the same type are usually used;
• does not conform to the description made by the seller and does not possess the qualities of the goods that the seller presented as a sample or model;
• does not present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling;
• it is not suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller accepted.
Any faults or malfunctions caused by accidental events or by the user’s responsibility or by use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
9.6 Remedies available to the customer – In the event of a lack of conformity duly reported within the terms, the user has the right:
• primarily, to the free repair or replacement of the goods, at your choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
• secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be attempted, taking into account
(a) the value that the goods would have if there were no lack of conformity;
(b) the extent of the lack of conformity;
(c) the possibility that the alternative remedy can be used without significant inconvenience for the consumer.
9.7 What to do in the presence of a lack of conformity – In the event that a product purchased on the q-bo.net website, during the period of validity of the Legal Guarantee, manifests what could be identified as a lack of conformity, the CUSTOMER must notify Q.bo which in turn will promptly respond to the communication of the alleged lack of conformity, indicating to the CUSTOMER the procedure to follow, taking into account the product category to which the product belongs and/or the defect reported. Q.bo will collect the product and send it to the competent service center. In any case, the competent assistance center will carry out the necessary checks to ascertain whether or not the reported lack of conformity exists. In the event that the defect exists, if the CUSTOMER has chosen repair among the available remedies, the assistance center will proceed with the repair. If, however, the CUSTOMER has chosen replacement and it is not excessively onerous or objectively impossible for Q.bo compared to the repair, Q.bo will replace the product. If the assistance center finds the lack of conformity, any repair/replacement costs and transport costs to the assistance center will be borne by Q.bo. If the assistance center does not find the lack of conformity, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repair or replacement costs will be borne by the CUSTOMER. Q.bo will inform the CUSTOMER of the circumstance and any costs to be incurred for the repair or replacement. Q.bo reserves the right to send the CUSTOMER the estimate issued by the assistance center, so that the CUSTOMER can decide whether or not to have the repair or replacement carried out at his own expense. The CUSTOMER must authorize the repair or replacement at his expense in writing. Following this acceptance, a direct relationship will be established between the assistance center and the CUSTOMER to which Q.bo will be completely extraneous and with respect to which no responsibility can be attributed to it.
The repair or replacement of defective Products, if due, will be carried out as quickly as possible and in any case, except in exceptional cases or causes of force majeure, within 60 calendar days from the day on which Q.bo received the defective product. In the event that the replacement or repair initially chosen is not carried out within this period, the CUSTOMER may request one of the alternative remedies provided by the Legal Guarantee (replacement, in the event that the repair had been requested; repair in the event that it had been requested replacement; price reduction or termination of the contract). Q.bo reserves the right to ask the CUSTOMER to attach the invoice/purchase receipt relating to the order to the request to take advantage of the Legal Guarantee of Conformity.
9.8 If the Product, found to be defective, and for which a refund is requested, had been purchased together with other products, the shipping costs will be refunded by dividing them on the number of products present in the cart at the time of order confirmation.
9.9 Q.bo will, at its own expense, organize the collection of the Product from the original shipping location, subject to the CUSTOMER’s availability.
9.10 If the CUSTOMER requests the replacement or repair of a Product found to be defective, Q.bo will ship the replacement or repaired Product to the same place indicated by the CUSTOMER at the time of the order; if the CUSTOMER requests shipping to another location, all extra and/or ancillary costs will be borne by the CUSTOMER.
9.11 Q.bo reserves the right to verify the disputed non-conformity.
ARTICLE 10 – Shipments, Delivery methods
10.1 The products will be delivered, depending on the weight-volume ratio, via express courier within 24 hours (+1 day for islands and/or remote locations) or national courier in 3/5 working days (+2 days for islands and/or remote locations), barring unforeseen circumstances, from receipt of the order or receipt of payment, exclusively to the address indicated by the CUSTOMER when ordering. No changes of delivery address are made following receipt of orders.
Delivery takes place exclusively at street level. No deliveries are made to the floor.
10.2 For each order placed on the q-bo.net website, Q.bo issues an invoice/tax receipt for the goods shipped after the order has been processed. For the issuing of the invoice/tax receipt, the information provided by the CUSTOMER during the purchase procedure is valid. After issuing the invoice, it will not be possible to make any changes to the data indicated in the invoice.
10.3 Upon delivery, CHECK the product packaging CAREFULLY if there are EVEN SMALL anomalies such as holes, dents, tears, cuts, broken polystyrene, scotch tape (with brands other than Q.bo) etc.. please accept it with RESERVATION or by writing on paper together with your signature one of the specific reasons given below as an example.
If the courier arrives with an electronic terminal, affix the RESERVE flag and SELECT ONE OF THE FOLLOWING REASONS BEFORE signing:
– Open neck;
– Pierced/crooked neck;
– Crushed/bruised neck;
– Wet neck;
– Scratched neck;
– Box torn;
– Reconditioned box or film with scotch tape;
– Protective film (large products) removed or pierced;
– Broken polystyrene;
etc.
*** If the driver refuses to let you report the above, REJECT it to the sender and NOTIFY US IMMEDIATELY via email ***
10.4 If the package is INTACT, it will be sufficient to sign for receipt (WITHOUT indicating any type of reservation).
10.5 Open the product and if it has suffered transport damage, immediately report the incident via email.
We remind you that reports beyond 7 days of the CALENDAR starting from the day of receipt will not be taken into consideration.
10.6 IT IS ALWAYS MANDATORY TO SAVE all parts of the original packaging (photographs of which will be requested in the event of a damaged product).
Complaints with packaging clearly damaged during transport and with a specific reserve not affixed (as per the instructions specified in point 10.3) will not be accepted.
10.7 IT IS NECESSARY TO IMMEDIATELY verify the CORRECT FUNCTIONALITY of the product.
10.8 If the CUSTOMER is not present at the time of delivery, the courier will leave a paper notice and/or send a notification via email. The courier will attempt delivery the following day. After 3 unsuccessful delivery attempts the goods will be sent back to Q.bo. The cost of returning the products will be borne entirely by the CUSTOMER and calculated based on their weight/volume. The CUSTOMER may make arrangements with the courier to schedule a new delivery after the first unsuccessful attempt. The goods will remain at the courier’s warehouse for a maximum of 5 days. The CUSTOMER may request that the goods be kept in storage to proceed with the collection personally. When the goods end up in storage, the CUSTOMER will have to bear the related costs.
10.9 Once the goods have been entrusted to the courier, the responsibility for delivering the goods to the address indicated in the order will fall on the latter. The goods are considered delivered when Q.bo is able to demonstrate delivery by providing the customer with proof of delivery issued by the courier. Q.bo cannot be held responsible for failure to deliver to the address indicated by the customer due to any courier malfunction.
ARTICLE 11 – Responsibility
11.1 Q.bo assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times established by the contract.
11.2 The availability of each item is for indicative purposes only, has no contractual nature and no responsibility can be attributed to the seller in the event of unavailability of one or more products.
ARTICLE 11 – Access to the site and the reserved area
11.1 The CUSTOMER has the right to access the site for consultation and making purchases. No other use, especially commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of Q.bo and are protected by intellectual property rights.
11.2 The CUSTOMER who has registered on the site has the right to access their reserved area to manage their personal data, monitor the status of orders and activate or deactivate the newsletter service.
ARTICLE 13 – Cookies
The q-bo.net website uses “cookies”. Cookies are electronic files that record information relating to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and which allow Q.bo to offer an increasingly personalized service to its customers. For more information see Cookies Policy.
ARTICLE 14 – Integrality
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to 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 jurisdiction
These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be subjected to the exclusive jurisdiction of the Court of Mantua.
