en
Any version of this agreement written in a non-Italian language is provided only as a courtesy; in case of conflict between a non-Italian version and the Italian version, the latter shall prevail.
TERMS OF SALE FOR CONSUMER
TERMS OF SALE
General terms of sale for e-commerce on AGM DESIGN.IT e AGM DESIGN SHOP.COM websites
AGM DESIGN, Srl
residence in via Albisetti 12
24030 Terno d’Isola (BG),
C.F. 03447600168
VAT n. 03447600168
(hereinafter "AGM DESIGN" or "AGM"), gives the possibility to purchase online through the websites www.agmdesignshop.com and www.agmdesign.it:
- AGMS Design and/or THEPOLE and/or other brands (hereinafter "Products");
- a range of services, such as rental and incentive or promotional activities (hereinafter "Services").
Mentioned domains, products, services, brands and other intellectual property goods reachable through mentioned websites are property of AGM DESIGN or are legally provided by AGM Design and exploited according to specific agreements with legitimate holders.
1) General Notes
1.1. These general terms of sale (hereafter "General Terms") are regulated by the Italian Consumer Code (Legislative Decree No. 206/2005 and following changes or additions) and by Italian e-commerce law (Legislative Decree n. 70/2003 and following changes or additions) which can be applied exclusively to the remote online retail sale of the Products listed in Products section of the www.agmedesignshop.com site and in the Services section of the www.agmdesign.it site.
1.2. Such terms, however, apply exclusively to contracts completed with consumers, as identified in art. 3 lett a) Italian Consumer Code; they are different for professional clients, as shown in the Conditions and Terms section on the website.
1.3. AGM reserves the right to change the present General Terms at any time. Any changes will be updated on the order terms posted on the Website at the time of sending orders to the Client (hereafter “Client”).
2) Contract’s subject
2.1. Under the present General Terms of Sale, AGM DESIGN remotely sells and the CLIENT remotely purchases the Products and the Services at respective Prices stated on the website.
2.2. The purchasing contracts used on the Website that concern Products and related Services (hereafter "Contracts") will be concluded with AGM DESIGN Srl.
2.3. The contract is intended to be completed exclusively on the web via access to the websites www.agmdesignshop.com (for products) and www.agmdesign.it (for services) and through the creation of a purchase order in accordance with the sites’ procedure.
2.4. Before confirming his/his order, the Client should examine the present General Terms of Sale, in particular the pre-contractual information provided by AGM DESIGN, and will accept those Terms of Sale by clicking on a flag in the indicated box.
2.5. By checking the box “I agree with the general terms of sale” upon the order’s confirmation, the Client affirms that he/she has seen and accepts without reservation the terms and privacy statement.
2.6. A copy of the terms of sale will be available (in PDF version) on the reference websites so that the Client will be able to archive it as provided in art. 51 p. 1 Legislative Decree n. 206/2005, as modified by Legislative Decree n. 21/2014.
3) Pre-contractual data for the consumer ex art. 49 D.Lgs. 206/2005
3.1. The Client, before the conclusion of the purchase contract, will examine the products’ features as described on the site.
3.2. Before the contract’s conclusion and before validating the order confirmation with the “obligation of payment”, the Client will be informed about:
- the total price of goods inclusive of taxes, with the shipping details and any other costs;
- the methods of payment;
- the terms, limits and procedures to exercise the right of withdrawal (art. 14 of the present terms), as well as the “module type” of withdrawal referred to the annex I, part B of Legislative Decree n. 21/2014;
- the costs that the Client will incur for the restitution of goods in case of withdrawal;
- exclusion of the right of withdrawal for the tailored products;
- the existence of a legal guarantee of conformity for purchased products.
- possibility to request an additional warranty (conventional) for the products purchased.
3.3. Before the contract’s conclusion, the Client can always use data relating to the AGM DESIGN Company, such as the geographic address, telephone number and fax number, e-mail; and also the following information:
AGM DESIGN residence in Via Albisetti 12
24030 Terno d’Isola (BG),
C.F. 03447600168
P. IVA n. 03447600168
tel.035.90.51.16
mail: info@agmdesign.it
4) Order
4.1. Orders must be made online using the order process in this website.
4.2. The Client has successfully concluded the Order Procedure if the Website doesn’t display any error messages (the system can’t detect the errors which refer to data entered by the Client in the billing address and shipment’s fields).
4.3. The Customer assumes responsibility for the correctness of the data provided for the Order and for any additional costs concerning incongruences (for example, but not limited to, the provision of an incorrect delivery address) as specified in point 6.6. below.
5) Contract’s conclusion and validity
5.1. The Purchase Contract will be considered concluded between AGM DESIGN and the Client when AGM DESIGN will receive the order.
5.2. The system will confirm the Order’s receipt with the automatic dispatch of an e-mail (hereafter “Order Confirmation”) to the e-mail address provided by the Client.
5.3. The Order Confirmation will list the Products and Services chosen, its Prices, (including delivery charges and expenses related to any additional Services requested by the Client), the delivery address, the Order number (hereafter “Order Number”), the General Terms of Sale here mentioned, and any special Terms that apply to individual Order, specific to any Client requests.
5.4. The AGM DESIGN Company reminds the Client to very closely check the accuracy of the Order Confirmation’s data and to communicate with AGM DESIGN within 24 hours if any corrections are needed.
5.5. The Order Confirmation communicated by AGM DESIGN will be used by the Client in any connection with AGM DESIGN.
5.6. AGM DESIGN attempts to describe and present the products sold on the website in the most accurate way possible. Nevertheless, there could be some errors, inaccuracies or small differences between the website’s depiction and the actual product.
5.7. The photos of the products displayed on www.agmdesignshop.com are not exclusively representative of the products.
5.8. Some products may be occasionally unavailable: in this case, if the Products chosen by the Client aren’t, in whole or in part, available, AGM DESIGN will inform the Client.
6) Method of payment
6.1. The Order must be paid at the moment of sending the same to AGM DESIGN, save for additional time necessary for payment to be completed (e.g. bank transfers).
6.2. The payment will have to be made with Bank Transfer or Credit Card, following the website’s instructions.
6.3. For security reasons, AGM DESIGN reserves the right to request a copy of a Credit Card’s owner ID.
6.4. The price from Order Confirmation will be charged to the Client.
6.5. Once full payment has been received, AGM DESIGN will issue an invoice relative to the Purchase Order and send it via email to the subject making the Order.
6.6. If the Order’s holder doesn’t receive the above mentioned bill by e-mail within 72 (seventy-two) hours from the Order Confirmation, he/she should contact AGM DESIGN.
6.7. The information used for the issuing and sending of the invoice is that provided by the Customer and shown on the order confirmation. Any variations, where permitted, will result in administrative costs being charged to the sum of € 25.00 for Italy, € 45.00 for Europe and € 65.00 for the rest of the world.
6.8. AGM DESIGN therefore reminds to the Client to very carefully verify the accuracy of supplied information.
7) Prices
7.1. All Products Prices indicated on the Website’s section "Products" are inclusive of VAT.
7.2. The delivery price (hereafter "Delivery Price") and the further AGM DESIGN Services costs, as indicated specifically on the site (section accessible through a specific link), are at the expense of the Client.
7.3. The Products and Services prices are displayed on the website at the time of dispatching the Order without any consideration of previous offers or any subsequent Price changes.
7.4. In case of IT, manual, technical or other errors which could cause a substantial and unexpected change (for AGM DESIGN) to the sale price, making it exorbitant, the purchase order will be considered invalid and cancelled, and the contingent amount paid by the Client will be, in that particular case, refunded completely.
8) Delivery method
8.1. AGM DESIGN will deliver (hereafter “Delivery Service” or just “Delivery”) by means of specialized carriers specifically designated by AGM DESIGN.
8.2. At the time of Delivery, the Client or his/her designated trusted person must be present in order to guarantee that the packaging is intact and clean, and that the received Products are consistent with that of the Order.
8.3. If there are evident issues, such as a mistaken quantity, mistaken Product, and/or damaged packaging, AGM DESIGN requires the Client or his/her trusted person to make note of these anomalies on the transport document and to contact AGM DESIGN by means mentioned above.
8.4. In the case that the Client isn’t present at the time of Delivery in the designated place and time, the cost of delivery will include some incidental charges to the Client. The amount of these charges depends on the method of delivery (by internal personnel or courier) and on the distance.
8.5. The Client must inform AGM DESIGN if the delivery zone is in a restricted area or if there is specific authorization information necessary for access to the area.
8.6. The Client also must inform the company if it’s necessary to use a particular means of transport (for example: a ship) in order to complete the delivery.
8.7. If the Client does not inform AGM about the above mentioned situations, he/she will have to pay additional unforeseen costs.
8.8 AGM DESIGN will deliver the purchased Products to the address indicated by the Customer within a maximum of 30 (thirty) days from the date of Order if in Italy and within 40 (forty) days from the date of Order if abroad, save for the possibility of informing the same of earlier delivery when possible.
8.9. However, at the time of the Order, the estimated delivery date will be indicated; this date is approximate, and AGM DESIGN cannot be responsible for any contingent variation in delivery time.
8.10. In the process of Delivery, AGM DESIGN will be pardoned of any liability in the event of delay caused by inevitable and uncontrollable events, facts, and circumstances (for example: vehicle malfunctions, strikes, revolts, natural disasters, etc.) that were unpredictable at the conclusion of the Purchase Contract.
8.11. In these cases, AGM DESIGN will promptly inform the Client about a new time limit within which the Delivery will be made and will do its utmost to respect all the obligations enumerated in the Purchase Contract.
9) Delivery costs
9.1. The delivery costs (hereafter "Delivery Costs"), stressed in the Purchase Order and in the following Order’s Confirmation, are at the expense of the Client.
9.2. AGM DESIGN determines charges based on the purchased good’s weight and on the distance to travel for the delivery[1] ,as specifically indicated on the page accessible through the following link (https://www.agmdesignshop.com/en/content/8-shipping-prices).
9.3. The Delivery Service for Orders delivered to one of the Collect Points is free.
9.4. Further incidental charges will be charged to the Client when:
- the Delivery is demanded for areas where the congestion is limited and/or forbidden (for example: restricted traffic zones, entrance areas restricted to vehicles, promenades, etc.);
- the distance between the unloading point of the purchased products and the destination point is superior to 100 (one hundred) mt;
- the property the purchased Products are destined to is devoid of elevator, goods lift and, anyway, stairs and/or doors whose dimensions allow the transit and the lifting of the Products.
9.5. In order to have all necessary data in relation to incidental charges, before sending the Purchase Order, the Client should contact AGM DESIGN by means of the references listed in the Website.
9.6. After sending the Order, the Client should contact AGM DESIGN to inform the company about any possible incidental charges and to make any additional payment by Credit Card.
9.7. AGM DESIGN informs Clients that, if the company does not receive preventive information about possible (above mentioned) incidental charges, AGM DESIGN could be unable to deliver Products within the agreed upon time limit and could even be forced to make a second Delivery, which will totally at the expense of the Client.
9.8. Furthermore, in case of missing preventive information, AGM DESIGN reserves the right to charge the Client for all related costs for the additional services not previously agreed upon or discussed.
10) Free Consultancy Service for the "AGM Project Zone"
10.1. AGM DESIGN allows Clients to book a free Consultancy Service (hereafter “Consultancy Service”) for our gym zone.
10.2. AGM DESIGN reminds Clients that a new AGM gym zone is based on a correct measurement.
10.3. Only the Client can effectively measure the compatibility of their space, upon which the free Consultancy Service offered by AGM DESIGN will be based.
10.4. Therefore, if the data turns out to be incorrect, AGM DESIGN won’t be considered responsible for any consequences resulting from the lack of accuracy or precision of measurements/data/information supplied by the Client.
11) Assistance Services
11.1. The Client can access information about Assistance Services, including our post-service assistance (hereafter "Assistance Services"), via the Website’s "Client Service" section or by contacting AGM DESIGN using the website’s “Contact us" section.
12) Purchase Order Cancellation
12.1. If a Client desires to cancel his/her Order, he/she will be able to do within 24 (twenty-four) hours from completing the payment without incidental charges. In this case, AGM DESIGN will refund the full amount, including any charges for personalization or tailoring, to the Client.
12.2. If the Order is cancelled after 24 (twenty-four) hours have passed, AGM DESIGN will refund the full amount to the Client, including charges for personalization or tailoring, but will charge a cancelation fee of € 25.
13) Right to withdraw
13.1. In conformity with the current regulations, if the Client is a “Consumer,” as indicated in Art. 3 of the Italian Consumer Code, he/she has all the rights found in Art. 52 and following articles of the Italian Consumer Code, as modified by Legislative Decree n. 21 of 21/02/2014. In this, he/she possesses the Right to withdraw from the Purchase Contract (hereafter “Right to withdraw”) for any reason, without explanation or penalty, within 14 days of the date of receiving the product, through the following procedures.
13.2. The withdrawal could encompass all (Total Withdraw) or only part (Partial Withdraw) of the AGM DESIGN products that the Consumer purchased, as long as they were not specifically tailored for him/her.
13.3. The Client who intends to exercise the right to withdraw must communicate with AGM DESIGN by an explicit statement (hereafter “Withdrawal Communication”), transmitted - within the Withdrawal Period as above mentioned - by postal service with a registered acknowledgment of receipt, addressed to:
AGM DESIGN S.r.l
AGM DESIGN
via Albisetti 12
24030 Terno d’Isola (BG)
13.4. The Client could also exercise the right to withdraw by sending the “withdrawal model” included in Exhibit I, part B, Legislative Decree 21/2014. This text is reproduced here:
Withdrawal model underart. 49, paragraph 1, lett. h)
(complete and send the present model only in case there’s the will the withdraw the contract)
Hereby I/we (*) intend to notify (*) the my/our (*) sell contract withdrawal for the following goods/services (*)
- Order the (*) / received the (*)
- Cosumer/s name/s
- Cosumer/s address/es
- Cosumer/s signature (only in the case the present model is presented in paper version)
- Date
(*) Omit any unused parts of the above text.
13.5. Subsequently, after correctly exercising the right to withdraw, as described in art. 52 of the Italian Consumer Code, AGM DESIGN will send via E-MAIL a Record Number to the Client. That Number will be presented to the Consumer at the Return of the Product/s (hereafter “Return”).
13.6. The Return of the Product/s must take place within 14 (fourteen) days of the date that the Consumer communicated the desire to withdraw ex art. 52 of the Italian Consumer Code, mentioned above. The limit is respected if the Consumer sends back the Product/s which the Withdrawal refers to within the 14 (fourteen) days.
13.7. AGM DESIGN reminds Consumers that any transport costs of the Product/s Return will be charged to the Consumer, and the Return is completely the Consumer’s responsibility.
13.8. Before making any returns, AGM DESIGN also reminds Consumers to ensure that the Product/s of the Withdrawal is/are in good conditions, placed in the original packaging, and is/are completely intact (including any accessories).
13.9. Any product return can be performed only with prior agreement with AGM DESIGN concerning time, modalities and products. AGM DESIGN is not obliged to accept returned products to its head office without its agreement and reserves its right to return products to the sender.
13.10. If the right to Withdraw is correctly exercised as disposed in art. 52 and the previous, AGM DESIGN - if able to verify the entirety and the correct functioning of returned products - will refund the Consumer for the entire sum paid, Delivery Costs included, within 14 (fourteen) days of the moment the company is informed of the Consumer’s will to withdraw the Purchase Contract.
AGM DESIGN, according to art. 56 of Italian Consumer Code as modified by Legislative Decree n. 21/2014, will hold the refund until the Product/s is/are received.
The amount will be refunded by the same means of payment used by the Consumer in the original transaction unless the Consumer requests otherwise.
14) Exception to Withdrawal
According to art. 59 of the Italian Consumer Code, the right to withdraw for tailored/custom Products is legitimately excluded. For example, a Client cannot exercise the right to withdraw for poles which are specifically cut according to his/her request.
15) Legal Warranty
15.1. The Client has the right to benefit from the legal warranty as liable in the Italian Consumer Code, art. 128 - 132.
15.2. That Warranty also allows the Consumer to signal to AGM DESIGN any contingent lack of functioning observed by the Consumer in the purchased Product within 2 (two) months from the moment of discovery (ex art. 132, Italian Consumer Code). This warranty expires after 2 (two) years of the product’s delivery.
15.3. After that time, the Consumer has the right to ask for the reparation or substitution of the Product.
15.4. Therefore, under the present Legal Warranty, AGM DESIGN is responsible for any lack of compliance proposed within 2 (two) years of the Product’s Delivery. Beyond said terms, AGM DESIGN will therefore not be responsible for any nonconformity discovered by the Consumer, unless the Customer has requested an extension to the warranty as provided for in point 16 below.
15.5. After the Client’s report, AGM will verify that the product lacks compliance or proper functioning.
15.6. If it is necessary that AGM personnel visit the client’s residence to make the previously mentioned verifications, and if the company acquires any charges related to the restitution but does not find any lack of compliance, the costs necessary to intervene and any other will be charged on the Client.
15.7. In case of Product’s substitution or reparation, the warranty’s terms that refer to the substituted or repaired Product are the same of that of the original product. Therefore, the legal warranty’s total 2 (two) year duration is derived from that of the Delivery of the original product.
15.8. AGM will not accept liabilities for any damages that arise directly or indirectly from things or people due to a failure to follow the instructions/clarifications that accompany the product, particularly those in the terms of sale and the product’s maintenance guide.
15.9. This Warranty is valid for the entire European area, including the Vatican City and the Republic of San Marino.
15.10. The Consumer loses rights to this Warranty in the event that they use the goods outside of the previously designated area.
15.11. This Warranty is not applicable for Customers located outside of the previously indicated area.
16) Conventional Warranty
16.1. The Conventional Warranty does not prejudice the rights provided for by Directive 1999/44/EC and Italian Legislative Decree of 6 September 2005 n. 206 (Consumer Code) which the Consumer retains, and therefore does not substitute the Legal Warranty offered by the manufacturer, the terms of which are set out in the previous point.
16.2. Contrary to that provided for by the Legal Warranty, the Conventional Warranty is valid from the 25th (twenty-fifth) month after the date of delivery or collection of the goods and for an overall duration of 12 (twelve) months. This, additional to and different from the Legal Warranty, is applicable to all the non-aesthetic components of the good and those not subject to wear that may require repair and/or substitution in the period of months from the 25th (twenty-fifth) month to the 36th (thirty-sixth) month after the date of delivery or collection of the goods. Contrary to the Legal Warranty, the Conventional Warranty is recognised solely when requested by the Consumer during purchase of the product and once the corresponding price has been paid. This save for any signed agreements and/or commercial offers to the contrary from AGM Design.it S.r.l.
16.3. The date of delivery or collection of the goods must be demonstrated by a delivery note issued by the Manufacturer or by other documented proof that shows the date of purchase, collection or delivery of the goods, as well as the data relative to the order and purchase (including the type and model of the goods).
16.4. The Consumer waives the right to apply this Conventional Guarantee if the nonconformity is not reported within 2 (two) months from its discovery. The technician authorised by AGM who will intervene and inspect the Product, also on company premises, will - on their sole discretion - verify if the malfunction depends on a manufacturing fault or a nonconformity existing at the moment of delivery of the goods. In the case of the contrary, all costs (shipping/delivery, labour, parts) for the repair of the goods will be the full responsibility of the Customer. The cost for any repairs will in any case be reasonable and communicated by the technician before the same are carried out. Shipping costs for the product will, in any case, be the exclusive responsibility of the Consumer.
16.5. For the Conventional Warranty to be fully valid for the aforementioned period, it is necessary:
- a) that the goods are used for purposes other than any business or professional purposes (for example professionals, gyms, amateur sports associations);
- b) that the goods are not used for purposes other than those commonly related to the field of pole dance;
- c) that any repairs carried out are in line with the instructions provided by AGM or personnel authorised by the aforementioned Manufacturer and that only spare parts initially supplied by the Manufacturer together with the Product are used.
16.6. The Conventional Warranty is not applicable for Professionals and/or Companies or, in general, for anyone covered by the definition specified in article 3, letter c) of the Consumer Code, “a physical or legal entity exercising their own business, commercial, artisanal or professional activity, or their intermediary” and requesting an invoice as the purchase of the goods is connected to said activity. The Conventional Warranty is therefore applicable exclusively to Consumers identified by article 3, letter a) of the same regulation, “a physical person acting to purposes not connected to any business, commercial, artisanal or professional activity carried out."
16.7. The Conventional Warranty provides for the free repair and/or substitution of all the non-aesthetic components of the goods and those not subject to wear, that have been ascertained and identified by the Manufacturer. Items no longer in production are excluded.
16.8. The Consumer (Customer) will always be exclusively responsible for:
- costs related to collection for shipping to AGM’s operational headquarters when not carried out autonomously by the Consumer;
- shipping costs for the return of goods to the Consumer’s domicile when not carried out autonomously by the Consumer;
- costs relative to access by AGM technicians for the carrying out of repairs and/or substitution of components on the Consumer’s premises (when possible);
- labour costs for technicians from AGM or other companies selected by the same required for the substitution and/or repair of the aforementioned parts, communicated in advance.
16.9. Call-out costs for technicians are quantified at € 50.00 as well as an additional variable sum based on the location of the premises and detailed by the company on specific request.
16.10. Repairs and/or substitutions carried out under warranty have no effect on the warranty conditions acquired at the moment of delivery or collection and do not result in any extension or renewal of the warranty itself, which in any case will continue until the end of the 36th (thirty-sixth) month.
16.11. After 36 (thirty-six) months from the original date of delivery or collection of the goods following purchase, the Conventional Warranty (valid from the 25th to the 36th month) and the Legal Warranty (which expires after the 24th month) will both be considered as expired.
16.12. Any repair and/or substitution of components that do not respect all of the aforementioned conditions will be charged to the Consumer (Customer) with an estimate of costs presented on request.
16.13. Without prejudice to the rights that the Consumer holds with regards to the Manufacturer, its direct contracting party, pursuant to Directive 1999/44/EC and Italian Legislative Decree 6 September 2005 n. 206 (Consumer Code), the Conventional Warranty does not cover aesthetic parts, parts subject to wear or parts no longer in production, as well as interventions on defects and/or malfunctions due to:
- unsuitable, negligent or neglectful use;
- improper use with respect to that commonly related to the field of pole dance;
- repairs carried out with non-original parts and/or by technical persons not identified or authorised by AGM and/or according to indications differing from those provided by the Manufacturer (for example with informative materials contained in the packaging, communications via email and/or telephone, via dedicated videos uploaded to the official website);
- damage during transportation carried out by technical personnel not authorised by AGM;
- damage caused by installation in unsuitable locations;
- damage caused by natural events, or by circumstances that in any case cannot in any way be traceable to manufacturing defects in the goods.
16.14. Therefore, in the event that a technical intervention has been carried out by AGM personnel on request from the Consumer (Customer) regarding the above, transportation/shipping costs, labour costs and the costs for the parts necessary for repairs and/or substitutions will be the exclusive responsibility of the latter.
16.15. This Warranty is valid for the entire European area, including the Vatican City and the Republic of San Marino.
16.16. The Consumer loses rights to this Warranty in the event that they use the goods outside of the previously designated area.
16.17. The Conventional Warranty is not applicable for Customers located outside of the previously indicated territories.
17) Indications for the application of the Legal and Conventional Warranty
17.1. In order to improve service and reduce intervention times, any Customer wishing to apply the Legal or Conventional Warranty must write to AGM Support "angelo@agmdesign.it" with “ANOMALY - ORDER (or invoice number) or CUSTOMER” as the subject, and include in the body of the message the following information:
- the anomaly encountered;
- the date on which the anomaly first appeared, and a description of the situation in which it appeared;
- photographs and videos that show the anomaly;
- a mobile phone number, contact name and contact times.
18) Integrality
18.1. These General Terms and Conditions of Sale are constituted by the totality of the clauses that make up the same. In the event that one or more of the clauses in these General Terms and Conditions of Sale are considered to be invalid or are declared as such pursuant to the law, to regulations or as a consequence of a sentence passed by a court having jurisdiction, the other clauses will continue to hold full force and effectiveness.
19) Applicable law and Jurisdiction
19.1. These Terms and Conditions of Sale are subject to Italian law.
19.2. All disputes that cannot be settled amicably will be subject to the exclusive jurisdiction of the court in the place of residence or domicile of the CLIENT, if located within state territory.
19.3. In any case, it is possible to opt for mediation pursuant to Italian Legislative Decree 28/2010 for the resolution of any disputes arising from the interpretation and execution of these terms and conditions of sale.
19.4. Pursuant to and by effect of article 141-sexies, paragraph 3 of the Consumer Code, the User is hereby informed that, should they hold the role of consumer as per article 3, paragraph 1, letter a) of the Consumer Code, and in the event that they have filed a complaint directly with the Company which has not however been resolved, they may contact an Alternative Dispute Resolution organisation or organisations for the out-of-court resolution of disputes regarding the obligations deriving from the contract concluded on the basis of these General Terms and Conditions of Sale (known as ADR organisations as indicated in articles 141-bis et seq. of the Consumer Code).
19.5. In particular, it is hereby stated that a European platform has been set up for the online resolution of consumer disputes (known as the ODR platform). The ODR platform, which can be consulted at http://ec.europa.eu/consumers/odr/, provides consumer Users with a list of ADR organisations and relative website links via which it is possible to set up online resolution procedures for disputes in which they are involved.
19.6. The above is without prejudice to the right of the consumer user to refer to the competent court for the dispute arising from these General Terms and Conditions of Sale whatever the result of the out-of-court settlement, as well as the right, where applicable, to opt for an out-of-court settlement of disputes concerning consumer relations through the procedures set out in Part V, Title II-bis of the Consumer Code, within the relative conditions and limits.
19.7. In the event in which the User resides in a member state of the European Union other than Italy, they may furthermore, for any dispute relative to the application, execution and interpretation of these General Terms and Conditions of Sale, make use of the European Small Claims Procedures pursuant to Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 on the condition that the value of the dispute does not exceed Euro 2,000.00 exclusive of interests, duties and expenses. The regulation text is available at www.eur-lex.europa.eu
20) Personal data processing
20.1. The Customer’s personal data is processed by AGM DESIGN in compliance with the previsions of the regulation regarding the protection of personal data as specified in the policy published on the Website. The Customer must declare to have read said policy in order to register online and also in order to make a purchase.
TERMS OF SALE FOR PROFESSIONAL
TERMS OF SALE
General terms of sale for e-commerce on AGM DESIGN.IT e AGM DESIGN SHOP.COM websites
AGM DESIGN, Srl
residence in
via Albisetti 12
24030 Terno d’Isola (BG),
C.F. 03447600168
VAT n. 03447600168
(hereinafter "AGM DESIGN" or "AGM"), gives the possibility to purchase online through the websites www.agmdesignshop.com and www.agmdesign.it:
- AGMS Design and/or THEPOLE and/or other brands (hereinafter "Products");
- a range of services, such as rental and incentive or promotional activities (hereinafter "Services").
Mentioned domains, products, services, brands and other intellectual property goods reachable through mentioned websites are property of AGM DESIGN or are legally provided by AGM Design and exploited according to specific agreements with legitimate holders.
1) General notes
1.1. These general terms of sale (hereafter "General Terms") are upheld for relationships between the company AGM and professional clients, as identified in art. 3 lett c) of the Italian Consumer Code Legislative Decree n. 206/2005. Professional clients (hereafter “Professionals”) make product orders as intended and listed in the Products section of the www.agmedesignshop.com site and in Services of the www.agmdesign.it site.
1.2. AGM may at any time edit or amend the present General Terms.
1.3. In case of changes to the General Terms, General Terms applied to an order will be those terms posted on the Website at the time of sending the order to the Client (hereafter “Client”).
2) Contract’s subject
2.1. With the present General Terms of Sale, AGM DESIGN sells, and the Professional will remotely purchase the Products and the Services at respective Prices as stated in the website.
2.2. The contract is intended to be conducted exclusively over the web by accessing the websites www.agmdesignshop.com for products and www.agmdesign.it for services. The creation of a purchase order should be completed in accordance with the procedures provided by the site.
2.3. Before confirming his/her order, the Client should examine the present General Terms of Sale, especially the pre-contractual information provided by AGM DESIGN, and he/she will acknowledge agreement with these terms by marking a flag in the indicated box.
2.4. By checking the box “I agree with the general terms of sale” upon the order confirmation, the Client declares that he/she has seen and accepts the terms and privacy statement of the website.
2.5. No terms or purchase conditions, oral or written, can supersede the present terms unless there has been official and written acceptance from AGM.
2.6. Any exceptions or exclusions made in specific situations (which might contradict the present terms) will never be considered a formal renouncement by AGM DESIGN of any conditions in the present terms.
3) Order
3.1. Orders must be made online using the website order procedure.
3.2. The Client has correctly completed the Order Procedure if the Website doesn’t show any error message (however, the system won’t recognize errors from data input of the Client in the billing address and shipping address fields).
3.3. The Customer assumes responsibility for the correctness of the data provided for the Order and for any additional costs concerning incongruences (for example, but not limited to, the provision of an incorrect delivery address) as specified in point 5.7 below.
4) Contract’s conclusion and validity
4.1. The system will confirm the Order’s receipt with the automatic dispatch of an e-mail (hereafter “Order Confirmation”) to the e-mail address provided by the Client.
4.2. The Order Confirmation will list the Products and Services chosen, its Prices, (including delivery charges and expenses related to any additional Services requested by the Client), the delivery address, the Order number (hereafter “Order Number”), the General Terms of Sale here mentioned, and any special Terms that apply to individual Order, specific to any Client requests.
4.3. The AGM DESIGN Company reminds the Client to very closely check the accuracy of the Order Confirmation’s data and to communicate with AGM DESIGN within 24 hours if any corrections are needed.
4.4. The Order Confirmation communicated by AGM DESIGN will be used by the Client in any connection with AGM DESIGN.
4.5. AGM DESIGN attempts to describe and present the products sold on the website in the most accurate way possible. Nevertheless, there could be some errors, inaccuracies or small differences between the website’s depiction and the actual product.
4.6. The photos of the products displayed on www.agmdesign.it are not exclusively representative of the products.
4.7. Some products may be occasionally unavailable: in this case, if the Products chosen by the Client aren’t, in whole or in part, available, AGM DESIGN will inform the Client.
5) Method of payment
5.1. The payment of the order will need to be made at the time of sending the order to AGM DESIGN, save for additional time necessary for payment to be completed (e.g. bank transfers).
5.2. The payment will have to be made with Bank Transfer or Credit Card, following the website’s instructions.
5.3. For security reasons, AGM DESIGN reserves the right to request a copy of a Credit Card’s owner ID.
5.4. The price from Order Confirmation will be charged to the Client.
5.5. Once full payment has been received, AGM DESIGN will prepare the Purchase Order invoice and will send it by e-mail to the Client.
5.6. If the Order’s holder doesn’t receive the above mentioned bill by e-mail within 72 (seventy-two) hours from the Order Confirmation, he/she should contact AGM DESIGN.
5.7. The information used for the issuing and sending of the invoice is that provided by the Customer and shown on the order confirmation. Any variations, where permitted, will result in administrative costs being charged to the sum of € 25.00 for Italy, € 45.00 for Europe and € 65.00 for the rest of the world.
5.8. AGM DESIGN therefore reminds to the Client to very carefully verify the accuracy of supplied information.
6) Prices
6.1. All products’ prices indicated on the Website’s section "Products" are inclusive of the VAT.
6.2. The cost of delivery (hereafter "Delivery Price") and the further AGM DESIGN Services costs, as indicated specifically on the site (section accessible through a specific link), are at the expense of the Client.
6.3. The Products and Services prices are displayed on the website at the time of dispatching the Order without any consideration of previous offers or any subsequent Price changes.
6.4. In case of IT, manual, technical or other errors which could cause a substantial and unexpected change (for AGM DESIGN) to the sale price, making it exorbitant, the purchase order will be considered invalid and cancelled, and the contingent amount paid by the Client will be, in that particular case, refunded completely.
7) Delivery method
7.1. AGM DESIGN will deliver (hereafter “Delivery Service” or just “Delivery”) by means of specialized carriers specifically designated by AGM DESIGN.
7.2. The programming of delivery in terms of modality, date and time is at the discretion of the company, which will respect the terms and conditions established when placing the Order.
7.3. At the time of Delivery, the Client or his/her designated trusted person must be present in order to guarantee that the packaging is intact and clean, and that the received Products are consistent with that of the Order.
7.4. If there are evident issues, such as a mistaken quantity, mistaken Product, and/or damaged packaging, AGM DESIGN requires the Client or his/her trusted person to make note of these anomalies on the transport document and to contact AGM DESIGN by means mentioned above.
7.5. In the case that the Client isn’t present at the time of Delivery in the designated place and time, the cost of delivery will include some incidental charges to the Client. The amount of these charges depends on the method of delivery (by internal personnel or courier) and on the distance.
7.6. The Client must inform AGM DESIGN if the delivery zone is in a restricted area or if there is specific authorization information necessary for access to the area.
7.7. The Client also must inform the company if it’s necessary to use a particular means of transport (for example: a ship) in order to complete the delivery.
7.8. If the Client does not inform AGM about the above mentioned situations, he/she will have to pay additional unforeseen costs.
7.9. AGM DESIGN will deliver the purchased Products to the address indicated by the Client within a maximum of 30 (thirty) days from the date of Order if in Italy, and within 40 (forty) days from the date of Order if abroad, save for the possibility of informing the same of early delivery when possible.
7.10. However, at the time of the Order, the estimated delivery date will be indicated; this date is approximate, and AGM DESIGN cannot be responsible for any contingent variation in delivery time.
7.11. In the process of Delivery, AGM DESIGN will be pardoned of any liability in the event of delay caused by inevitable and uncontrollable events, facts, and circumstances (for example: vehicle malfunctions, strikes, revolts, natural disasters, pandemics etc.) that were unpredictable at the conclusion of the Purchase Contract.
7.12. In these cases, AGM DESIGN will promptly inform the Client about a new time limit within which the Delivery will be made and will do its utmost to respect all the obligations enumerated in the Purchase Contract.
8) Delivery costs
8.1. The delivery costs (hereafter "Delivery Costs"), stressed in the Purchase Order and in the following Order’s Confirmation, are at the expense of the Client.
8.2. AGM DESIGN determines charges based on the purchased good’s weight and on the distance to travel for the delivery[1] , as specifically indicated on the page accessible through the following link (https://www.agmdesignshop.com/en/content/8-shipping-prices).
8.3. The Delivery Service for Orders delivered to one of the Collect Points is free.
8.4. Further incidental charges will be charged to the Client when:
- the Delivery is requested for areas where the access is limited and/or forbidden (for example: restricted traffic zones, entrance areas restricted to vehicles, promenades, etc.);
- the distance between the unloading point of the purchased products and the destination point is greater than 100 (one hundred) meters;
- the property to which the purchased Products should be delivered are devoid of elevators, lifts, stairs and/or doors whose dimensions allow the transit and the lifting of the Products.
8.5. In order to have all necessary data in relation to incidental charges, before sending the Purchase Order, the Client should contact AGM DESIGN by means of the references listed in the Website.
8.6. After sending the Order, the Client should contact AGM DESIGN to inform the company about any possible incidental charges and to make any additional payment by Credit Card.
8.7. AGM DESIGN informs Clients that, if the company does not receive preventive information about possible (above mentioned) incidental charges, AGM DESIGN could be unable to deliver Products within the agreed upon time limit and could even be forced to make a second Delivery, which will totally at the expense of the Client.
8.8. Furthermore, in case of missing preventive information, AGM DESIGN reserves the right to charge the Client for all related costs for the additional services not previously agreed upon or discussed.
9) Free Consultancy Service for the "AGM Project Zone"
9.1. AGM DESIGN allows Clients to book a free Consultancy Service (hereafter “Consultancy Service”) for our gym zone.
9.2. AGM DESIGN reminds Clients that a new AGM gym zone is based on a correct measurement.
9.3. Only the Client can effectively measure the compatibility of their space and the composition of the surfaces, upon which the free Consultancy Service offered by AGM DESIGN will be based.
9.4. Therefore, if the data turns out to be incorrect, AGM DESIGN won’t be considered responsible for any consequences resulting from the lack of accuracy or precision of measurements/data/information supplied by the Client.
10) Assistance Services
10.1. The Client can access information about Assistance Services, including our post-service assistance (hereafter "Assistance Services"), via the Website’s "Client Service" section or by contacting AGM DESIGN using the website’s “Contact us" section.
11) Purchase Order Cancellation
11.1. If the Client desires to cancel his Order, he will be able to do within 24 (twenty-four) hours from the payment without incidental charges. In this case, AGM DESIGN will refund the full amount, including additional costs for tailored components, to the Client.
11.2. If the order is cancelled after 24 (twenty-four) hours have passed, AGM DESIGN will refund to the Client the full amount, including tailored components, but will withhold a cancelation fee of € 25,00.
12) Legal warranty
12.1. The Professional Client (non-consumer) must alert AGM DESIGN if a product is not properly functioning immediately after the delivery.
12.2. This lack of functioning must be signaled within 8 (eight) days from its discovery.
12.3. However, the above mentioned legal warranty is only valid for 12 (twelve) months after the delivery date of the Product.
12.4. To take advantage of the warranty, it is recommended that you show the purchase document.
12.5. When the above conditions are met, and when the lack of product functioning is outside of AGM’s control, the professional-client will have the right to a reduction of the product’s cost. This cost reduction will relate to the value of the reparation of the product.
12.6. Beyond those conditions, AGM DESIGN will not be considered responsible for any lack of functioning identified by the Professional-Client.
12.7. If there is some request for the product reparation, the costs of resending it to AGM and any other contingent costs will be charged to the Professional-client. Any product return can be performed only with prior agreement with AGM DESIGN concerning time, modalities and products. AGM DESIGN is not obliged to acept returned products to its head office without its agreement and reserves its right to return products to the sender.
13) Right to withdraw
13.1. If the professional-client decides to sell the product purchased by AGM to third parties - final consumers - he will have to guarantee the same warranties described in the Italian Consumer Code under artt. 128 ss.
13.2. In this case, the professional will be fully responsible for the consumer’s needs.
13.3. In case of a Consumer’s report, under art. 130 of Italian Consumer Code, the professional-client will have to immediately communicate with AGM to verify the contingent lack of functioning of a product and the possibility of reparation.
13.4. The above mentioned alert must be sent to AGM by registered letter (with proof of transmission) within 5 (five) days from the time of the Consumer’s communication with the professional-client.
13.5. Notwithstanding the disposition contained at art. 131 of Codice del Consumo, the professional who has already verified the Consumer’s needs will be able to ask AGM for free reparation of the product.
13.6. In this case, AGM won’t be charged with the product’s delivery costs to its company or for the return delivery to the Consumer or for any other accompanying charges.
13.7. AGM won’t be responsible for any contingent lack of functioning caused by the Professional who tried autonomously to repair an AGM product.
14) Entirety
14.1. The present General Terms of Sale consist of all these clauses. If one (or more) clause among these is ruled invalid or void by the law or after the decision of a Court with jurisdiction, the other conditions will continue to be valid and effective.
15) Applicable Law and Court of Jurisdiction
15.1. The present General Terms of Sale are governed by Italian Law.
15.2. Any lawsuits will be submitted to the exclusive jurisdiction of the Court of Monza.
16) Personal Data Treatment
16.1. AGM DESIGN treats Clients’ personal data in accordance with the legal framework for data protection law for personal data, as specified in the website’s information.