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Pre-contractual information

PRE-CONTRACTUAL INFORMATION FOR CONSUMERS PURSUANT TO ART. 49 OF LEGISLATIVE DECREE 206/2005 (CONSUMER CODE)

Pursuant to Art. 49 of Legislative Decree no. 206/2005 (Consumer Code), SBS S.p.A., a company incorporated under Italian law, with registered office in Italy – 28010 Miasino, Via Circonvallazione s/n (VAT No. and Tax Code: 01888310032, REA No. 202775), hereinafter simply referred to as ‘SBS’,
hereby informs that:

  • for information, assistance requests or complaints, Customers may write to and/or contact SBS S.p.A. at the following details: SBS S.p.A., Via Circonvallazione s/n, 28010 Miasino (NO), Italy - Tel.: +39-0322-980909 - Fax: +39-0322-980910 - e-mail: info@sbsmobile.com
  • the subject matter of the online sales contracts consists exclusively of the products included in the online catalogue of the website www.vivancoshop.com. Customers may purchase only the products that are listed and available in such catalogue at the time the order is placed. SBS S.p.A. reserves the right to change the product catalogue at any time without prior notice. Any other items that may be present on SBS S.p.A. websites but are not included in the online catalogue are not intended for online sale and, as such, cannot be purchased by Customers. Orders cannot be placed for products which, although included in the online catalogue, are indicated as unavailable. All products offered for sale are described (including, by way of example and not limited to, qualities, features, prices and images) in the relevant online catalogue on the website www.vivancoshop.com. The product sheet for each item indicates the retail price, inclusive of VAT. Product prices are indicated in Euro. Shipping, delivery and any additional costs, beyond the retail price inclusive of VAT, will be detailed and displayed before the order is submitted. SBS reserves the right to change the prices of products offered for sale at any time without prior notice. Customers will in any case be charged the prices shown on the website at the time each order is submitted. Any image accompanying a product description is for illustrative and indicative purposes only and may not match the actual characteristics of the item, differing in colour, size or accessories shown. SBS therefore disclaims any liability relating to the graphical representation of products displayed on the website due to the above technical characteristics;
  • SBS S.p.A. accepts orders exclusively for delivery to the following countries: Italy, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, the Netherlands, Portugal, Spain, Sweden. In particular, orders with delivery to Livigno, Campione d’Italia, the Republic of San Marino and the State of the Vatican City will not be accepted. The shipment of ordered products will take place according to the method selected by the Customer, from among those available and indicated on the SBS S.p.A. website at the time the order is placed. SBS S.p.A. uses, at its discretion, express couriers appointed by it for the shipment of orders. From the time the ordered product becomes available, shipment normally takes place within a minimum of 3 and a maximum of 6 business days for delivery within Italy; with the exception of the product ‘CUSTOMISED COVERS’, which will be delivered on average within 10 business days. In the case of delivery to countries other than Italy, from the time the ordered product becomes available, shipment normally takes place within a minimum of 3 and a maximum of 6 business days; with the exception of the product ‘CUSTOMISED COVERS’, which will be delivered on average within 10 business days. In any case, save for the possibility of (including temporary) unavailability of the ordered product as set out in Art. 4.3 of the SBS General Terms and Conditions of Sale and Privacy Policy, shipment of the product will take place within 30 business days from the date of conclusion of the contract.
  • the goods may be paid for under the following terms: by credit card or via the PayPal system. Payments made with credit cards belonging to the following circuits are accepted: VISA, MASTERCARD and AMERICAN EXPRESS.
  • with reference to payments by credit card: shipment of the order takes place exclusively after verification of the Customer’s credit card details by SBS S.p.A. with the bank and after receipt of the authorisation to charge such credit card. The charge on the Customer’s credit card will be made exclusively after shipment of the relevant order.
  • with reference to payment by electronic money via the PayPal service: the payment method via PayPal is subject to the limits indicated from time to time in the purchase procedure that the Customer must follow in order to place the order. This payment system requires the Customer to open a PayPal account and accept the rules of the relevant service. SBS accepts payments only from Customers registered on the Italian PayPal website. The order amount will be charged to the Customer’s PayPal account after SBS confirms the order. Delivery of the purchased product will take place after verification that the purchase price has been credited to SBS’s PayPal account. Any refunds to the Customer will always be made by SBS to the Customer’s PayPal account in accordance with the methods provided by the PayPal service. A confirmation e-mail will be sent by PayPal for each transaction carried out.
  • any costs for the internet connection to the Website, including telephone costs, are borne by users, according to the tariffs applied by the operator selected by the user.
  • only the consumer (i.e. the Customer as a natural person purchasing the products for purposes unrelated to any commercial, craft, professional or entrepreneurial activity possibly carried out, pursuant to Art. 3 of Legislative Decree 206/2005 (hereinafter, for brevity, the “Consumer”)) has the right to withdraw without any penalty and without specifying the reason, within 30 business days from the acquisition of physical possession of the goods by the Consumer or by a third party other than the carrier, pursuant to Art. 52 of Legislative Decree 206/2005 (Consumer Code). In the case of multiple goods ordered by the Consumer in a single order and delivered separately, the 30-day period for exercising the right of withdrawal shall instead run from the day on which the Consumer, or a third party other than the carrier, acquires physical possession of the last good. In order to validly exercise the right of withdrawal, pursuant to Art. 54 of Legislative Decree 206/2005, the Consumer shall inform SBS S.p.A. of his/her decision to withdraw from the contract within the aforesaid period of 30 business days from receipt of the ordered products. To this end, the Consumer may make use of:
  • the withdrawal form available in the “right of withdrawal” section of the SBS S.p.A. website, which must be duly completed in all its fields by entering all the data required by the system. The Consumer is invited to carefully read the instructions on exercising the right of withdrawal contained in the “Right of Withdrawal” section of the SBS S.p.A. website and to carefully check the information entered in the withdrawal form before submitting it; or
  • any other explicit statement of withdrawal from the contract containing: i) the explicit expression of the intention to exercise the right of withdrawal pursuant to the Consumer Code; ii) the indication of the products for which the Consumer intends to exercise the right of withdrawal; iii) the date on which the product was ordered and received; iv) the Consumer’s first and last name and address.

The withdrawal form or the explicit statement of withdrawal must be sent, within the aforementioned period of 30 business days from receipt of the ordered products, to the registered office of SBS S.p.A. located in 28010 Miasino, Via Circonvallazione s/n (Italy). The form or statement may be sent, within the same period, by letter sent by post, telegram, telex, e-mail (to the e-mail address info@sbsmobile.com) or fax (to +39-0322-980910).
Alternatively to the above, the Consumer may validly exercise the right of withdrawal by completing and sending electronically, within 30 business days from receipt of the ordered products, to the SBS e-mail address indicated in the “Returns Management” section of the SBS S.p.A. website, the return form available in the same “Returns Management” section of the website. It is specified that the above form must be duly completed by the Consumer in all its fields by entering all the data required by the system. The Consumer is invited to carefully verify the information entered in the return form before submitting it. In this case, once the return form has been received electronically, SBS S.p.A. will send to the e-mail address indicated by the Consumer in the return form a confirmation message (which the Consumer is invited to print and keep and/or save on a durable medium) of receipt, indicating the return case number. For the return of products purchased online on the SBS website, the Consumer is invited to use couriers appointed by SBS S.p.A. (all information is contained in the return form available on the SBS website). The methods and timeframe for returning the products to SBS must be agreed by the Consumer directly with SBS S.p.A. It is specified that, if the Consumer uses a courier appointed by SBS, the transport costs for returning the products will be borne exclusively by SBS S.p.A. If the Consumer does not use a courier appointed by SBS (the Consumer remaining free to use other couriers), the Consumer will instead bear both the proof of return of the products and the costs relating to the return. It is specified that, in this latter case, SBS S.p.A. may suspend the refund until the goods are received. The Consumer exercising the right of withdrawal must return the goods to SBS S.p.A. in perfect condition, complete with all accessories and the original packaging, to the operational office of SBS S.p.A., Via Circonvallazione s/n, 28010 Miasino (NO), Italy. Upon receipt by SBS S.p.A. of the withdrawal notice, the parties are released from their respective obligations arising from the purchase order. If delivery of the products has taken place, the Consumer must return them within 30 business days from the date on which he/she communicated to SBS S.p.A. the decision to withdraw from the contract pursuant to Art. 54 of Legislative Decree 206/2005. If the right of withdrawal is correctly exercised by the Consumer, SBS S.p.A. will refund the total amount due by the Consumer for the purchased product, including delivery costs. The refund will be made free of charge using the same means of payment used by the Consumer for the initial transaction, unless otherwise expressly agreed with the Consumer, who will not incur any costs as a result of the refund. The refund will be made as soon as possible and in any case within 30 days from the date on which SBS S.p.A. became aware of the Consumer’s exercise of the right of withdrawal. It is specified that, pursuant to Art. 59, paragraph 1, letter c), of Legislative Decree 206/2005, the Consumer will not be granted the right of withdrawal for “CUSTOMISED COVERS” made by SBS S.p.A. according to the Consumer’s specifications and upon the Consumer’s request.
For more information on the right of withdrawal, the conditions, terms and procedures to be followed to exercise this right, as well as the obligations of the Consumer and SBS S.p.A., the Consumer is invited to read the notice on the right of withdrawal contained in Art. 7 of the SBS General Terms and Conditions of Sale and Privacy Policy;

  • all products sold by SBS S.p.A. are covered, only for Consumers, by the statutory 24-month warranty for lack of conformity, pursuant to Articles 128 et seq. of Legislative Decree 206/2005 (Consumer Code), which, in the area of consumer protection, applies the corresponding EU Directives and, in particular, the principles and procedures established by European Directive 1999/44/EC. In order to benefit from warranty assistance, the Customer must keep the purchase invoice. The 24-month warranty provided by the Consumer Code applies to the product that shows a lack of conformity, provided that the product is used correctly, in accordance with its intended use and with the provisions of the attached technical documentation. This warranty is reserved for the Consumer and is effective provided that: a) the defect appears within 24 months from the date of delivery of the products; b) the Consumer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defects were discovered. In the event of a lack of conformity, the provisions of Art. 130 of Legislative Decree 206/2005 shall apply. If the defect of the product does not arise from a lack of conformity, the Customer may not rely on the conformity warranty provided for in Art. 130 of the Consumer Code and, if SBS has carried out checks and/or interventions directly – or through an independent Technical Assistance Centre – any costs of checking and restoring the product, as well as transport costs if borne by SBS S.p.A., will be charged to the Customer.

 

  • in the event of complaints, SBS will reply within 8 business days.

For more information on the services offered by SBS S.p.A., on the online purchase procedure as well as on the obligations and rights arising from the sales contracts concluded on the SBS website, Consumers are invited to read the SBS General Terms and Conditions of Sale and Privacy Policy and the General Terms and Conditions of access to and use of the website.

Finally, please note that for online sales concluded between SBS and Consumers, the provisions of Legislative Decree 206/2005 (Consumer Code) apply and, in particular, the provisions contained in Chapter I, Title III, Part III of Legislative Decree 206/2005.