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.

READ THE TERMS OF SALE FOR THE CONSUMER

 

READ THE TERMS OF SALE FOR THE PROFESSIONAL

 


Terms of Sale for Consumer  

DOWNLOAD PDF TERMS OF SALE - CONSUMER

 

TERMS OF SALE

General terms of sale for e-commerce on AGM DESIGN.IT e AGM DESIGN SHOP. COM websites

AGM DESIGN, Srl

legal residence

in Via Tre Venezie, 31/C,

24044 Dalmine (BG)

and head office

in via Albisetti, n. 12

24030 Terno d’Isola (BG),

C.F. 03447600168

P. IVA n. 03447600168

 

(hereafter "AGM DESIGN"), presents the opportunity for all users to buy AGM DESIGN-brand products (hereafter "products") online on the website www.agmdesignshop.com and also provides a range of services including rental services and incentive or promotional activities (hereafter "Services"), on the website www.agmdesign.it. AGM DESIGN is the exclusive owner of these Products and Services.

 

1) General notes

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. 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.

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

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.

The purchasing contracts used on the Website that concern Products and related Services (hereafter "Contracts") will be concluded with AGM DESIGN Srl.

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.

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.

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.

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

The Client, before the conclusion of the purchase contract, will examine the products’ features as described on the site.

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.

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

legal residence in Via Tre Venezie, 31/C, 24044 Dalmine (BG)

tel.035.90.51.16

mail: info@agmdesign.it

 

4) Order

Orders must be made online using the order process in this website.

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).


5) Contract’s conclusion and validity

The Purchase Contract will be considered concluded between AGM DESIGN and the Client when AGM DESIGN will receive the order.

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.

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.

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.

The Order Confirmation communicated by AGM DESIGN will be used by the Client in any connection with AGM DESIGN.

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.

The photos of the products displayed on www.agmdesignshop.com are not exclusively representative of the products.

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

The payment of the order will need to be made at the time of sending the order to AGM DESIGN.

The payment will have to be made with Bank Transfer or Credit Card, following the website’s instructions.

For security reasons, AGM DESIGN reserves the right to request a copy of a Credit Card’s owner ID.

The price from Order Confirmation will be charged to the Client.

AGM DESIGN will prepare the Purchase Order invoice and will send it by e-mail to the Client.

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.

For the purpose of invoicing, the payment processing will use data supplied by the Client.

AGM DESIGN therefore reminds to the Client to very carefully verify the accuracy of supplied information.

 

7) Prices

All Products Prices indicated on the Website’s section "Products" are inclusive of VAT.

The delivery price (hereafter "Delivery Price") and the further AGM DESIGN Services costs, as indicated in the following articles of the present General Terms of Sale, are at the expense of the Client and will be included in the price at the time of the Purchase Order.

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.

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

AGM DESIGN will deliver (hereafter “Delivery Service” or just “Delivery”) by means of specialized carriers specifically designated by AGM DESIGN.

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. 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.

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.

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. 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.

If the Client does not inform AGM about the above mentioned situations, he/she will have to pay additional unforeseen costs.

AGM DESIGN delivers the purchased Products to the address supplied by the Client within 20 (twenty) days from when the Order is placed.

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.

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.

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

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.


AGM DESIGN determines charges based on the purchased good’s weight and on the distance to travel for the delivery[1] , as explained below:

a) The Delivery Service for Orders whose weight is lower or equivalent to 16 (sixteen) kg, amounts to a € 29,00 for Italian peninsula, to € 34,00 for the Italian Islands, to €55,00 for Austria, France and Germany, to 60,30 for Czech Republic, to € 62,00 for Spain, to € 71,00 for Swizerland;

b) The Delivery Service for Orders whose weight is superior to 16 (sixteen) kg and lower or equivalent to 30 (thirty) kg, amounts to € 39,00 for Italian peninsula, to € 44,00 for the Italian Islands, to 60,30 for Czech Republic, to €73,00 for Austria, France and Germany, to € 79,00 for Spain, to € 89,00 for Swizerland;

c) The Delivery Service for Orders whose weight is superior to 30 (thirty) kg and lower or equivalent to 45 (fourty-five) kg, amounts to € 49,00 for Italian peninsula, to € 54,00 for the Italian Islands, to 60,30 for Czech Republic, to €100,00 for Austria, France and Germany, to € 105,00 for Spain, to € 116,00 for Swizerland;

d) The Delivery Service for Orders whose weight is superior to 45 (fourty-five) kg and lower or equivalent to 80 (eighty) kg, amounts to € 64,00 for Italian peninsula, to € 59,00 for the Italian Islands, to €150,00 for Austria, France and Germany, to € 165 for Spain, to € 166,00 for Swizerland, to 187,35 for Czech Republic;

e) The Delivery Service for Orders whose weight is superior to 80 (eighty) kg, amounts to € 79,00 Italian peninsula, to € 84,00 for the Italian Islands, to € 160,00 for Austria, France and Germany, to € 175,00 for Spain, to € 176,00 for Swizerland, to 187,35 for Czech Republic;

f)  The Delivery Service for Orders delivered to one of the Collect Points is free.

 

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.

 

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.

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.

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.

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"

AGM DESIGN allows Clients to book a free Consultancy Service (hereafter “Consultancy Service”) for our gym zone.

AGM DESIGN reminds Clients that a new AGM gym zone is based on a correct measurement. Only the Client can effectively measure the compatibility of their space, upon which the free Consultancy Service offered by AGM DESIGN will be based. 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

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

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.

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

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:

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.

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 Tre Venezie, 31/C


24044 Dalmine (BG)

 

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.

 

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”).

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.

 

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.  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).

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

The Client has the right to benefit from the legal warranty as liable in the Italian Consumer Code, art. 128 - 132. 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.

After that time, the Consumer has the right to ask for the reparation or substitution of the Product.

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 that limit, AGM DESIGN isn’t responsible for any lack of compliance reported by the Consumer.

After the Client’s report, AGM will verify that the product lacks compliance or proper functioning.

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.

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. In order to take advantage of the warranty, it is recommended that the Client show the purchase document. However, for the legal warranty purposes, he/she must also refer to provisions of Italian Consumer Code at art. 128 and the following.

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.

 

16) Entirety

The present General Terms of Sale consist of all these clauses. If one (or more) clause is ruled invalid or voided by the law or after the decision of a Court with jurisdiction, the other clauses will continue to be valid and effective.

 

17) Applicable Law and Court of Jurisdiction

The present General Terms of Sale are governed by Italian Law.

All litigations will be resolved with the exclusive jurisdiction of the Court of the Client’s place of residence, if he/she is located in the territory of the Italian state.

However, Clients can also settle disputes with the procedure found in D.lgs 28/2010 if there is debate over the interpretation end execution of the present Terms of Sale.

 

18) Personal Data Treatment

AGM DESIGN treats Clients’ data in accordance with the legal framework for data protection laws for personal data, as specified in the website’s information.

 

19) SnowX

Since current Italian law that deals with suitable ski tracks doesn’t explicitly refer to SnowX vehicles, it’s up to the Client to verify that SnowX can be used on his/her tracks. The Client will not be able to cancel the purchase of this product if it is later found to be incompatible with his/her tracks.


Professional Terms of Sale

DOWNLOAD PDF TERMS OF SALE - PROFESSIONAL

 

General terms of sale for e-commerce on AGM DESIGN.IT e AGM DESIGN SHOP. COM websites

AGM DESIGN, Srl

legal residence

Via Tre Venezie, 31/C,

24044 Dalmine (BG)

and head office

in via Albisetti, n. 12

24030 Terno d’Isola (BG),

C.F. 03447600168

P. IVA n. 03447600168

 

(hereafter "AGM DESIGN"), make available to all the users the possibility to buy online through www.agmdesignshop.com site and the AGM DESIGN’s products (hereafter "products") and offers, also, a range of services, among which the rental service and incentive or promotional activities (hereafter "Services"), by the website www.agmdesign.it; AGM DESIGN is the only exclusive owner of these Products and Services.

 

1) General notes

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.

AGM may at any time edit or amend the present General Terms. 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

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.

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.

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.

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.

No terms or purchase conditions, oral or written, can supersede the present terms unless there has been official and written acceptance from AGM.

Any exceptions or exclusions made in specific situations (which might contradict the present terms) will never be considered a formal renouncement by AGM of any conditions in the present terms.

 

3) Order

Orders must be made online using the website order procedure.

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).

 

4) Contract’s conclusion and validity

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.

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.

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.

The Order Confirmation communicated by AGM DESIGN will be used by the Client in any connection with AGM DESIGN.

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.

The photos of the products displayed on www.agmdesign.it are not exclusively representative of the products.

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

The payment of the order will need to be made at the time of sending the order to AGM DESIGN.

The payment will have to be made with Bank Transfer or Credit Card, following the website’s instructions.

For security reasons, AGM DESIGN reserves the right to request a copy of a Credit Card’s owner ID.

The price from Order Confirmation will be charged to the Client.

AGM DESIGN will prepare the Purchase Order invoice and will send it by e-mail to the Client.

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.

For the purpose of invoicing, the payment processing will use data supplied by the Client.

AGM DESIGN therefore reminds to the Client to very carefully verify the accuracy of supplied information.

 

6) Prices

All products’ prices indicated on the Website’s section "Products" are inclusive of the VAT.

The cost of delivery (hereafter "Delivery Price") and the further AGM DESIGN Services costs, as indicated in the following articles of the present General Terms of Sale, are at the expense of the Client and will be included in the price at the time of the Purchase Order.

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.

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

AGM DESIGN will deliver (hereafter “Delivery Service” or just “Delivery”) by means of specialized carriers specifically designated by AGM DESIGN.

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. 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.

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.

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. 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.

If the Client does not inform AGM about the above mentioned situations, he/she will have to pay additional unforeseen costs.

AGM DESIGN delivers the purchased Products to the address supplied by the Client within 20 (twenty) days from when the Order is placed.

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.

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.

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

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.


AGM DESIGN determines charges based on the purchased good’s weight and on the distance to travel for the delivery[1] , as explained below:

a) The Delivery Service for Orders whose weight is lower or equivalent to 16 (sixteen) kg, amounts to a € 29,00 for Italian peninsula, to € 34,00 for the Italian Islands, to €55,00 for Austria, France and Germany, to 60,30 for Czech Republic, to € 62,00 for Spain, to € 71,00 for Swizerland;

b) The Delivery Service for Orders whose weight is superior to 16 (sixteen) kg and lower or equivalent to 30 (thirty) kg, amounts to € 39,00 for Italian peninsula, to € 44,00 for the Italian Islands, to 60,30 for Czech Republic, to €73,00 for Austria, France and Germany, to € 79,00 for Spain, to € 89,00 for Swizerland;

c) The Delivery Service for Orders whose weight is superior to 30 (thirty) kg and lower or equivalent to 45 (fourty-five) kg, amounts to € 49,00 for Italian peninsula, to € 54,00 for the Italian Islands, to 60,30 for Czech Republic, to €100,00 for Austria, France and Germany, to € 105,00 for Spain, to € 116,00 for Swizerland;

d) The Delivery Service for Orders whose weight is superior to 45 (fourty-five) kg and lower or equivalent to 80 (eighty) kg, amounts to € 64,00 for Italian peninsula, to € 59,00 for the Italian Islands, to €150,00 for Austria, France and Germany, to € 165 for Spain, to € 166,00 for Swizerland, to 187,35 for Czech Republic;

e) The Delivery Service for Orders whose weight is superior to 80 (eighty) kg, amounts to € 79,00 Italian peninsula, to € 84,00 for the Italian Islands, to € 160,00 for Austria, France and Germany, to € 175,00 for Spain, to € 176,00 for Swizerland, to 187,35 for Czech Republic;

f)  The Delivery Service for Orders delivered to one of the Collect Points is free.

 

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.

 

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.

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.

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.

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"

AGM DESIGN allows Clients to book a free Consultancy Service (hereafter “Consultancy Service”) for our gym zone.

AGM DESIGN reminds Clients that a new AGM gym zone is based on a correct measurement. Only the Client can effectively measure the compatibility of their space, upon which the free Consultancy Service offered by AGM DESIGN will be based. 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

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

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.

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

The Professional Client (non-consumer) must alert AGM DESIGN if a product is not properly functioning immediately after the delivery.

This lack of functioning must be signaled within 8 (eight) days from its discovery.

However, the above mentioned legal warranty is only valid for 12 (twelve) months after the delivery date of the Product.

To take advantage of the warranty, it is recommended that you show the purchase document.

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.

 Beyond those conditions, AGM DESIGN will not be considered responsible for any lack of functioning identified by the Professional-Client.

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.

 

13) Right to withdraw

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.

In this case, the professional will be fully responsible for the consumer’s needs.

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.

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.

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.

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.

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

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

The present General Terms of Sale are governed by Italian Law.

Any lawsuits will be submitted to the exclusive jurisdiction of the Court of Monza.

 

16) Personal Data Treatment

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.