TERMS & CONDITIONS
- General sales contidions
- 1. Acceptance of the general conditions of sale and conclusion of the contract
- 2. Products and purchasing process
- 3. Prices and types of payment
- 4. Delivery of the Products and related expenses
- 5. Right to withdraw
- 6. Legal guarantee of conformity
- 7. Complaints and requests for information
- Intellectual property
- Use of the Site and Superfluid responsibility
- Applicable law and jurisdiction - Alternative Dispute Resolution
Effective from 31 May 2020
The products for sale on www.getsuperfluid.com (the "Site") are sold and invoiced by Superfluid Srl, with registered office in Corso Italia 22, 20122, Milan, registered company at the Chamber of Commerce of MILAN MONZA BRIANZA LODI at no. REA MI - 2563941 of the Register of Companies, Tax Code VAT no. 10887110962 (hereinafter "Superfluid"). For any information regarding orders, shipments and, more generally, purchases, you can contact Superfluid Customer Service via Chat or by e-mail at the following address: firstname.lastname@example.org.
1.1 The contract stipulated between Superfluid and the customer (i.e. the individual, natural person, who makes the purchase on the Site, not referable to his commercial, entrepreneurial or professional activity) must be considered concluded with the acceptance, even partial, of the order from Superfluid. In the event of non-acceptance of the order, Superfluid will promptly notify the customer in any case.
1.2 By placing an order in the manner provided for under these conditions of sale, the customer declares to have read all the information provided during the purchase procedure and to fully accept these general conditions of sale (hereinafter the "Conditions").
1.3 These Conditions can be printed or saved on a durable medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014. Superfluid reserves the right to update the Conditions: the customer is required to check the updated Conditions, it being understood that the purchase of the Products is governed by the Conditions in force at the time of placing the order.
2.1 The products offered for sale by Superfluid are those present on the Site at the time of placing the order, as described in the relevant information sheets ("Products"). Superfluid reserves the right to modify the offer of the Products at any time.
2.2 It is, in any case, understood that the images accompanying the descriptive sheet of a Product are for information purposes only and may not be perfectly representative of the characteristics of the product itself, but differ for example in colour and size (also due to the browser and monitor used for accessing the Site and viewing the images).
2.3 Through the Site, it is also possible to purchase the Superfluid e-Gift Card, or a virtual prepaid purchase voucher, with a minimum value of Euro 20 and maximum value of Euro 100, which can only be used to make purchases of Products through the Site. Once purchased through the Site, the Superfluid e-Gift Card is sent to the customer's e-mail address or to the different recipient indicated by the customer, together with his activation code. The Superfluid e-Gift Card is valid for one year from the date of receipt of the e-mail containing the activation code. The purchase of the Superfluid Gift Card is governed by these Conditions, as applicable. For more information on how to purchase and use the Superfluid e-Gift Card, please refer to the specific section of the Site, Gift Card.
2.4 To place an order, the customer must: - access the site; if the customer is already registered, he can authenticate on the Site by entering his credentials created during the registration phase. - if desired, the customer can register on the Site by entering their personal details, following the instructions provided by the registration program; registration is not mandatory to complete the purchase but allows the customer to take advantage of discounts and promotions reserved for registered users. - select the desired Products after carefully examining their characteristics and inserting them in the appropriate "Cart" and, after having chosen the shipping method and viewed and accepted the estimated contribution for the delivery costs, you can proceed with the purchase; - fill in the order form available on the Site, following the instructions contained therein. Purchase orders must be exactly completed in all their parts. - where necessary, change the type and/or quantity of Products in the Cart, using the appropriate commands in the "Cart section" of the Site. - confirm the summary of the purchase order, including delivery costs, having examined these Conditions. - select the type of payment desired, among those indicated on the Site and summarized in art. 3 below, and send the order by clicking on the appropriate button. The customer must also request Superfluid, if desired, to issue the tax invoice relating to the purchase, pursuant to art. 22 D.p.R. n. 633/1972. The request must be sent to Customer Service by email at email@example.com within a maximum of 5 (five) working days from the date of purchase.
2.5 The correct receipt of the order is confirmed by Superfluid by email, sent to the email address communicated by the customer. This confirmation message will summarize the purchase conditions, including the delivery time of the goods, as required by the applicable legislation, as well as the data entered in the order by the customer so that the same can verify these data and possibly communicate the necessary corrections of incorrect data without delay, or the request to cancel the order. Superfluid undertakes to process the request for modification or cancellation of the order within the shortest possible time without however assuming any responsibility for the incorrect order if the modification or cancellation takes place after the preparation or shipment.
2.6 The availability of the Products is automatically updated by the Superfluid IT system. However, since the Site can be visited simultaneously by multiple users, it may happen that several customers make the purchase of a specific Product at the same time and, therefore, the IT system signals that a Product that is actually just out of stock is available. In this case, Superfluid will promptly inform the customer via e-mail of the unavailability of the Product and the customer will have the right to terminate the purchase contract, with a refund of the amount already paid.
2.7 Pre-order purchase mode. In some cases Superfluid may allow the customer to pre-order products not available in stock at the time of purchase. Such products are explicitly identified on the product page of the Site with the wording 'Pre-order' together with an indication of the first useful date scheduled for shipment ("Pre-Order Products"). For Pre-Order Products, thus identified, the customer can proceed with the purchase according to the provisions of article 2.4 above. The confirmation of the order will be followed by the payment of the relative consideration, which will take place according to the methods described in art.3 below, foreseen for all the Products. In case of multiple order, which also contains Pre-Order Products, the customer will pay the total value of the order in a single solution, including the amount related to Pre-Order Products, at the moment in which the payment is due for the shipment of the part of the order containing Products already available, according to the methods of payment provided for in art. 3 below. The customer acknowledges and accepts that, in relation to Pre-Order Products, the delivery date could exceed 30 (thirty) days as per art. 4.2 below; however, the shipment of the Pre-Order Product will in any case take place within the date indicated in the relevant Product page as the first useful date foreseen for shipment. Where the customer's order contains both available Products and Pre-Order Products, the order may be subject to multiple shipments, depending on the different availability dates foreseen for each of them. The costs of potential additional shipments linked to multiple orders containing Pre-Order Products will in no case be charged to the customer, with the exception of any shipping costs already incurred, and regulated by art. 4 below.
2.8 The purchase contract is resolutely conditioned when there is a failure to pay the price as indicated in art. 3. Therefore, if the payment is not successful for any reason, Superfluid will inform the customer of the termination of the contract and the consequent cancellation of the order.
3.1 The prices indicated on the site are to be considered inclusive of taxes and VAT. Any shipping costs or expenses for the transaction are in any case communicated in advance to the customer during the purchase procedure.
3.2 Payment by the customer can only be made by one of the methods indicated by Superfluid in the purchase procedure and summarized below:
Superfluid uses the secure payment system of Shopify Payments. The Site accepts the following credit cards: Visa and Mastercard. These payment cards must be issued by a credit institution or financial institution based within the European Union or in Monaco. The data are transferred in encrypted form via SSL certificate in compliance with PCI DSS (Payment Card Industry Data Security Standards) and are therefore not stored by Superfluid. The order amount is not immediately charged to the card, but at a later stage, within the limits authorized by the customer. When placing the order on the Site, only a payment authorization is requested for the amount indicated (with the possible corresponding sending of an SMS/e-mail to the customer by the credit institution that issued the card, according to the conditions that govern the relationship between the customer and their credit institution). The authorization does not imply the debit of the money but simply a reservation of the relative amount. Upon delivery of the order to the courier, shipper or in any other person appointed by Superfluid for delivery, the amount due is effectively charged. This ensures that the amount is charged to the credit card only at the time of the material and certain shipment of the Products and only for the amount relating to the Products shipped.
If the customer has a PayPal account, they can choose this method of payment. In this case, the customer will be redirected to the PayPal site to proceed with the payment. It is not possible to use the PayPal payment method to integrate other chosen payment methods. PayPal protects customer information as no financial information is passed on to third parties. The amount of the order is debited from the PayPal account when the courier takes charge of the order. When placing the order on the Site, an authorization request will simply be made to check availability on the customer's PayPal account, without any charge.
Scalapay (Italy and France)
The customer can choose this payment method to pay the full amount of the order in three instalments without interests. In this case, the customer will be redirected to the Scalapay site to log in or create an account. It is not possible to use the Scalapay payment method to integrate other chosen payment methods. The customer must be of legal age to use this payment method. When creating the account, Scalapay verifies the customer's personal data and the associated payment method and then authorises or not the payment. If the procedure is successful, the payment instalments will be deducted every month for three months from the associated payment method. All the payments made with Scalapay are managed by their partner Stripe.
It's a payment method that the customer can use if they have a smartphone or smartwatch compatible with this service. To use Google Pay, it is necessary to download the app or go to pay.google.com and add a supported debit or credit card. The customer then will have to simply select this payment method at checkout and log in. After that, they will be sent back to the checkout to confirm payment.
It's a payment method that the customer can use if they have an iPhone and they are using Safari browser. To use Apple Pay, it is necessary to add a supported credit card to the Apple Wallet. The customer then will have to simply select this payment method at checkout and log in. After that, they will be sent back to the checkout to confirm payment. For more information, visit https://www.apple.com/apple-pay/
Superfluid Gift Card
The customer can use the Superfluid e-Gift Card, a virtual prepaid purchase voucher by entering its code in the "discount code" field at the checkout. For more information on how to purchase and use the Superfluid Gift Card, please refer to the specific section of the Site, Gift Card.
4.1 Superfluid will deliver the selected and ordered Products, according to the methods chosen by the customer and indicated on the Site at the time of offering the Products, as confirmed in the e-mail referred to in point 2.5, at the cost indicated specifically in the during the purchase process before sending the Order.
4.2 Shipment times may vary from the day following that of the order to a maximum of 30 (thirty) days from confirmation of the order, depending on the shipping method chosen, except in the case of longer delivery times in relation to Preorder Products in the terms expressly indicated in the relevant product page, pursuant to art. 2.7 above.
4.3 The shipping methods of Superfluid are as follows:
Standard shipments will be made through a registered courier. The shipping price, including VAT, is indicated in the section of the Site dedicated to the shipping methods and summarized during the purchase process, before sending the order; in the case of orders over € 34.00, the standard shipping method will be offered free of charge.
Shipments will be made through an express registered courier. The shipping price, including VAT, as well as the countries for which express shipping is available, is indicated in the section of the website dedicated to the shipping methods. The delivery of the Products to the customer will take place in the times indicated in the aforementioned section of the site and depending on the country, municipality and specific delivery address.
For all the above types of shipping, the customer will be able to monitor the progress of the shipment thanks to the tracking number that he will receive via e-mail or via Customer Service. In the absence of the customer or an authorized person to receive the delivery of the Products from the courier, a second delivery attempt will be made the next day. Any third attempt must be agreed with the courier and may be subject to extra costs compared to the shipping costs already incurred.
4.4 Superfluid delivers its Products to the territories of the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, the Czech Republic, the United Kingdom, Romania, Slovakia, Slovenia, Spain, Sweden and Hungary. However, due to logistical limitations, Superfluid reserves the right not to accept deliveries requested in the areas expressly indicated as excluded in the section dedicated to the Shipments of the Site, which the customer can consult before the conclusion of the purchase. If the customer has requested delivery in one of the excluded areas, Superfluid will not allow the conclusion of the purchase procedure and the sending of the order or will send an e-mail to the customer's contact details to inform him of the limitation in delivery and to terminate the purchase contract.
4.5 Superfluid undertakes to inform the customer of the delay in delivery with respect to the deadline previously communicated, simultaneously indicating the new delivery term, if available.
4.6 In the event of a delay of more than 30 (thirty) days, Superfluid undertakes to reimburse the delivery costs or to offer a voucher of the value corresponding to the delivery costs to the customer who requests it. The customer's right to refuse delivery with a delay of more than 30 (thirty) days remains, asking for the termination of the sales contract and the simultaneous reimbursement of the amount paid for the purchase.
4.7 Upon delivery of the Products, the customer is required to check:
- that the number of packages delivered corresponds to what is indicated in the transport document.
- that the packaging is intact, not damaged, wet or otherwise altered, also in the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately detected, by placing a specific indication on the delivery document. of the product to be returned to the courier. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 8 (eight) days of delivery, according to the methods provided for in this document.
5.1 Pursuant to art. 52 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the customer may withdraw from the purchase contract for any reason, without the need to state reasons, within 30 (thirty) calendar days from the date of receipt of the Products.
5.2 To exercise the right of withdrawal referred to in article 5.1 above, the customer must send Superfluid electronically a communication to that effect, within the deadlines indicated, by communicating your intention to do a return to Customer Service; in this case, Superfluid will send the customer a confirmation by e-mail of the receipt of the return petition and may provide a prepaid return label that he can possibly use to return the Products. If the customer uses the courier chosen by Superfluid for the return, he will not have to pay the costs of the return himself. In this case, Superfluid will pay the courier on behalf of the customer, withholding the shipping costs specified at the time of the request for return from the reimbursement.
5.3 In case of withdrawal, the customer must return, using the prepaid return label received from Superfluid or using a courier of his choice, the Products subject to return to Superfluid within 14 (fourteen) days from the withdrawal, to the following address: Superfluid - Return, Via Morimondo 26/16A, 20143 Milano (MI), Italy. The Products must be returned intact, sealed and complete with all their parts, as well as returned in their original packaging (envelopes and packaging).
5.4 The customer acknowledges and accepts that:
- it is not possible to exercise the right to return only on part of the Product purchased (e.g. accessories, accessories, etc ...): the right to return applies only to the Product in its entirety. - for a return to be possible, the Product must be intact and returned in its original packaging, complete in all its parts and sealed: in particular, for all Cosmetic Products, for hygiene reasons and connected with the protection of consumer health, not, in fact, it is possible to exercise the right of withdrawal after opening the cosmetic product.
In the event that Superfluid ascertains the customer's forfeiture of the right of return, Superfluid will contact the customer to propose further return to the customer of the product purchased, charging in that case to the same, if already refunded, the price of the product. The shipping costs for returning the item returned to the customer are borne by the customer himself, who can agree to organize the new shipment independently.
5.5 In the event that the customer uses the courier chosen by Superfluid, the shipment, until the certificate of receipt in the warehouse indicated by Superfluid, is under the full responsibility of Superfluid.
5.6 Superfluid will refund the customer the full amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree 21/14, within 14 (fourteen) days from the return, by reversing the amount charged, using the same means of payment used by the customer for the initial transaction, unless otherwise agreed. If the Product subject to withdrawal has been purchased by gift-card as a means of payment, where available to the customer, the refund will be made by bank transfer; in this circumstance, the customer is required to communicate the bank details and specific provisions for this transfer to Superfluid's customer service. In any case, the customer will not bear any costs because of this refund. Superfluid may suspend the reimbursement until receipt of the Product or until the moment in which the customer proves that he has correctly returned the Product, if previous.
5.7 Right to return a purchased Superfluid Gift Card With reference to the purchase of a Superfluid Gift Card, the customer has the right to withdraw, without giving any reasons, within the term of 14 (fourteen) days from the purchase of the relative Superfluid Gift Card, or from the date of receipt of the e- Superfluid Gift Card activation email, contextual to purchase. It is not possible to exercise the right of withdrawal with reference to a partially or fully used Superfluid Gift Card. To exercise the right of withdrawal, if the above term has not elapsed and the Superfluid Gift Card has not been used, in whole or in part, the customer is required to inform Superfluid Customer Service of the decision to withdraw in the manner described art. 5.2. Following the communication of withdrawal, the customer will receive an e-mail confirming the withdrawal and deactivation of the Superfluid Gift Card. In case of withdrawal, the customer will be reimbursed for the payment made for the purchase of the Superfluid Gift Card without undue delay and, in any case, no later than 14 (fourteen) days from the communication of the intention to exercise the right of withdrawal. This refund will be made using the same payment method used for the purchase of the Superfluid Gift Card. For more information on how to purchase and use the Superfluid Gift Card, please refer to the specific section of the Site, Gift Card.
6.1 The Products offered on the Site comply with the rules applicable in Italy on the subject and are covered by the Legal Guarantee of Conformity provided for in articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers. It, therefore, applies only to customers who have made the purchase on the Site for purposes unrelated to any business, commercial, artisanal, or professional activity that may be carried out. Superfluid is responsible towards the consumer for any lack of conformity existing at the moment of the delivery of the Product and which occurs within two years from that delivery. The lack of conformity must be reported to Superfluid, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from delivery of the Products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same. To benefit from the Legal Guarantee, the customer must first provide proof of the date of the purchase and delivery of the goods. Therefore, for the purposes of this test, the customer should keep the purchase receipt that Superfluid sends him, as well as the DDT or any other document that can attest to the date of the purchase (for example the bank statement of the credit card or bank statement) and the date of delivery.
6.2 WHAT IS THE CONFORMITY DEFECT
A lack of conformity occurs when the purchased good: i. it is not suitable for the use for which goods of the same type are normally used. ii. it does not comply with the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model. iii. does not present the usual qualities and performances of an asset of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or in the labelling. iv. it is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.
Therefore, certain failures or malfunctions determined are excluded from the scope of the Legal Guarantee by accidental events or by customer's responsibility or by use of the Product not in accordance with its intended use and/or as foreseen in the technical documentation attached to the Product.
6.3 RESOURCES AVAILABLE TO THE CUSTOMER
In the event of a lack of conformity duly reported in the terms, the customer has the right: - firstly, to repair or replace the goods free of charge, of their choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other. - secondly (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer), to the reduction of the price or to the termination of the contract, of their choice.
There was a lack of conformity: (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be tried without significant inconvenience for the consumer. The requested compensation is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies that can be experimented, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be tried without significant inconvenience for the consumer.
6.4 WHAT TO DO IN CASE OF DEFECT OF CONFORMITY
In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the customer can contact Customer Service, at the addresses indicated in art. 7. Customer Service will promptly reply to the communication, indicating to the user what next steps he will have to take. By agreement with Superfluid, the Product against which the user complains of the lack of conformity must be sent to Superfluid, which will verify the existence or otherwise of the claimed defect, at the following address: Superfluid servizio Resi, c/o GRUPPO SINERGIA Viale dell’Artigianato 32, 37064 Povegliano Veronese (VR), Italy. Superfluid reserves the right to ask the user to attach to his request the purchase invoice and / or the DDT or other document that proves the date of purchase and the delivery date. In all cases, the repair or the replacement of the defective Products, if due, will be carried out in the shortest possible time and in any case, except in exceptional cases or due to force majeure, within 60 calendar days from the day on which Superfluid received the defective Product. In the event that the replacement or repair initially is chosen were not carried out within this period, the user may request one of the alternative remedies provided by the Legal Guarantee (replacement, if the repair had been requested; repair in the event that it was replacement requested; price reduction or contract termination).
7.1 Any complaints or requests for information can be sent to Superfluid by e-mail at firstname.lastname@example.org or by contacting Customer Service through the Chat.
7.2 Superfluid will respond to complaints submitted within a maximum of 5 working days from its reception.
All the contents that appear on the Site (including texts, images, brands, and all other distinctive signs referable to Superfluid) are the exclusive property of Superfluid. Any unauthorized reproduction or use of the contents of the Site is strictly prohibited.
Superfluid is not responsible for any damage deriving from the use of the Site or, in general, of the Internet, including the interruption of service, the inaccessibility to the Site, the presence of links to external sites, viruses, malware, or any other accident or damage connected in any way with the use of the Site.
11.1 The sales contract referred to in these Conditions and their execution is governed by Italian law. Please note that in the case of a consumer customer, for any dispute relating to the application, execution and interpretation of these Conditions, the court of the place where the user resides or has elected domicile is competent. In the case of a non-consumer customer, the Milan forum is exclusively competent for any dispute relating to the application, execution, and interpretation of these Conditions.
11.2 The customer customers who do not have their usual residence in Italy, any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of its communication and the legal guarantee of conformity.
11.3 The customer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Conditions, the European procedure instituted for small claims, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.
11.4 The right of the consumer customer to appeal to the ordinary judge competent for the dispute arising from these Conditions, as well as the possibility, where the prerequisites for this are to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.