These general conditions of sale indicate, in compliance with the regulations in force on contracts concluded at a distance and, in compliance with the protection of the Consumer, the conditions and methods of purchase of the products and services offered on RecallFirstHand.it, under the conditions all specified therein, unless otherwise agreed specifically between the Parties.
These conditions must, therefore, be read and accepted by the Client and/or Consumer before purchasing the proposed items and the services offered.
The general conditions of sale take effect from the date of acceptance of the same. The acceptance of the conditions of sale carried out according to the methods set up on RecallFirstHand.it, is valid, in all respects, as acceptance under Article 1341 of the Civil Code.
Article 1: DEFINITIONS
Distance contract: any contract concluded between RecallFirstHand and the Client and/or Consumer, through the exclusive use of one or more means of distance communication, in the framework of a sales or service supply system that does not provide for the simultaneous physical presence of RecallFirstHand and of the Client and/or Consumer during the negotiation and, until the conclusion of the contract;
Sales contract: any contract whereunder RecallFirstHand transfers or, undertakes to transfer, the ownership of the products/items to the Client and/or Consumer who pays or, undertakes to pay the amount indicated on RecallFirstHand.it. This type of contract also includes contracts relating to services;
Service contract: any contract, other than a sales contract, as defined above, whereby RecallFirstHand provides or, undertakes to provide, a service to the Customer and/or the Consumer who pays or, undertake to pays for it an amount indicated on RecallFirstHand.it;
Professional: ITC Srl, based in Via Melzi d’Eril 44, 20154 Milan (MI).
Tel: 0331 1536409
Client: any person, Consumer or Professional, who purchases goods or services from RecallFirstHand, through one of the methods identified above, through the use of the internet portal RecallFirstHand.it or, through other remote purchasing procedures or, again, through any other form of purchase provided for by Italian law;
Consumer: any individual who purchases goods and services from RecallFirstHand for purposes unrelated to their business, commercial, craft or professional activity, through the internet portal RecallFirstHand.it or, through other remote purchasing procedures or, similarly, through any other form of purchase provided for by Italian law;
Products or Goods: all movable goods under the RecallFirstHand brand or, another brand, that RecallFirstHand is authorised to market and resell on Italian territory;
Digital product: all data produced and/or provided by RecallFirstHand in digital format;
Article 2: PRE-CONTRACTUAL INFORMATION
Before closing any contract with RecallFirstHand, the Client and/or the Consumer declares to have read the technical description of the product and/or service purchased, contained in the data sheets prepared for each item or, service sold and/or supply on RecallFirstHand.it.
The client further states that they acknowledge that the images shown on the RecallFirstHand.it portal are informative, therefore, the product/good purchased may not reflect the photograph displayed on the portal in the image (aesthetic aspect). It is further clarified that the technical characteristics of the purchased good/product, regardless of the image, reflect the contents of the relative technical description.
The Client and/or the Consumer also declares to have known and understood, before closing the Agreement with RecallFirstHand, the main characteristics of the goods and services subject to its purchase as well as, whether in the case of a Consumer, to have been informed by RecallFirstHand of the existence of the legal warranty of conformity of the goods as per the Consumer Code (Article 128 and following of Legislative Decree 206/2005).
Concerning digital products, the Client and/or the Consumer, declares and acknowledges that they have been made aware, by RecallFirstHand, about the functionality of the digital content object purchased, including the applicable technical protection measures, as well as the interoperability of the digital content with the hardware and software of the Client and/or Consumer themselves.
The Client and/or Consumer states to have been made aware of the total price of the goods and/or services – which shall be understood inclusive of taxes, the methods of payment for the goods or services purchased, the terms of delivery and execution of the Agreement and, of the terms of delivery or provision of the service. The Client and/or Consumer declares to have been made aware of the existence of the right to withdraw from the Agreement, of the methods and conditions for exercising this right and of the costs for returning the goods in the event of withdrawal. The Client and/or Consumer also declares to be aware that, in the event in which they request the beginning of the provision of the service before the expiry of the term for exercising the right of withdrawal and, subsequently, decides, within the terms for the withdrawal, to exercise this right, they must pay the professional an amount proportional to the service used up to the withdrawal date.
Finally, the Client and/or Consumer acknowledges that if they ask, or agree, that the beginning of the provision of the service is carried out before the expiry of the term for exercising the right of withdrawal, they will lose the right to withdraw following the complete provision of the service.
Article 3: METHOD OF PURCHASE OF GOODS AND SERVICES
The purchase of goods and services by the Client and/or Consumer takes place by accessing the RecallFirstHand website and registering with the procedure provided on the site itself.
The correct receipt of the order, complete with all the data necessary for the registration phase and the order procedure and, if requested, the indication of the details of the payment made by the Client and/or Consumer, will be confirmed by RecallFirstHand through an email sent to the Client and/or Consumer to the email address that the same indicated in the procedure for registering on the site and/or for the subsequent ordering of the goods. The confirmation email sent by RecallFirstHand will contain an order number to be used in communications between the Client and/or Consumer and RecallFirstHand and will contain all the data entered in the order request by the Client and/or Consumer, who undertakes to verify its correctness and promptly communicate any corrections or corrections.
In the phase of purchasing goods and services, the Client and/or Consumer must also select the most welcome shipping method.
By clicking on the product the client is taken to the relevant product sheet where they can view the technical data sheet of the article and the details, they can choose the memory, the colour and the degree of reconditioning. Then setting the desired quantity and clicking on the “Buy” button, it will insert the product in a virtual shopping cart.
By clicking on the “Cart” item, located at the top right of the screen, a summary of the selected goods is displayed on the client’s screen and they can check and change their choice.
To complete the purchase, the client can proceed by clicking on “Proceed to payment”. At this point, already registered clients will be able to enter their account where they have previously saved their data which they can automatically use for the order in progress. New clients can decide whether to register and then create their account or whether to continue without registration. In the latter case, the client must then enter the shipping and sending address of the order summary in the following screens.
Afterwards, the client displays a “Preview” of the order, complete with prices (VAT included) and the options and delivery costs.
To complete the order, and send a binding offer, the customer must click on “Place the order”.
Article 4: Conclusion of the contract
The display of the product range in our e-shop is provided for information purposes only and does not represent a binding offer to sell. Only when the client clicks on the “Buy” button do they send us a binding offer for the conclusion of a purchase contract. The client then receives an automatic confirmation by email of the order receipt (“Order Confirmation”). This confirmation does not yet represent acceptance of the offer by RECALL FIRST HAND. The Agreement is finalised only when RECALL FIRST HAND sends the goods to the customer confirming that they will be processed via email (“Order completed”).
Article 5: Conclusion of the contract in case of advance bank transfer
or Postepay top-up
Notwithstanding Article 4, in the case of choosing the method of payment by bank transfer in advance, the purchase contract will be considered concluded with the sending by RECALL FIRST HAND of the information on the payment. The client will receive this communication with the “Order Confirmation” email. If you have selected the advance transfer or Postepay top-up as a form of payment, such amount will be paid no later than 4 days from the time of order confirmation. The payment is considered to have been made when the invoice amount is credited to our bank account. If we do not register the payment within the above 4 days, the order will be automatically cancelled.
Article 6: COST OF SERVICES/PRODUCTS/ITEMS AND PAYMENT METHODS
The goods and services marketed by RecallFirstHand are intended to be offered and sold at the price indicated at the time of confirmation of the order by the Client and/or Consumer on the RecallFirstHand.it internet portal for each of them.
All prices of the goods and services published, within the internet portal, are to be understood INCLUDING VAT and any other taxes that may be due.
For all purchases made through the website, RecallFirstHand accepts the following payment systems: credit or debit card, PayPal.
RecallFirstHand.it accepts payments made with:
- credit cards with circuits supported/recognised by PayPal: Visa, MasterCard, PostPay, PayPal Recharges, America Express and Aura;
RecallFirstHand will issue a tax receipt or commercial invoice issued in VAT IN THE MARGIN REGIME UNDER LEGISLATIVE DECREE 41/95 ARTICLE 36. Registered to the personal data – complete with surname, name, address and tax code or, of company name, address and VAT number, if legal entities – that the Client and/or Consumer will have compulsorily provided when registering on the portal, before sending the order or, at the latest, upon payment of the purchase.
Article 6b: TERMS OF DELIVERY OF GOODS AND START OF THE SERVICE
RecallFirstHand, unless otherwise agreed with the Client and/or Consumer, will deliver the goods sold within 2-4 (TWO-FOUR) days from the receipt of the order by the Client and/or Consumer.
If the client/consumer opts for additional logistics services during the purchase phase, refer to the individual agreements.
Article 7: RISK OF LOSS
In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALL FIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.
In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.
Article 8: RIGHT OF WITHDRAWAL
The client who acts as a Consumer has the right to withdraw from the contract, as per Article 9 of the EC directive 83/2011, without having to indicate the reasons, within 14 (fourteen) days:
- from the conclusion of the contract for service delivery contracts
- from the day on which the Consumer or a third party other than the carrier and, designated by the same Consumer, acquired physical possession of the purchased goods, in the case of a contract for the sale of movable goods.
Purchases made by retailers and companies are excluded from the right of withdrawal. The Right of Withdrawal is applied exclusively to private individuals for actions not affecting their business activities.
In the case of a contract relating to multiple goods ordered by the Consumer in a single order and delivered separately, the term of 14 (fourteen) days, referred to in the first paragraph of this article, will run from the day on which the Consumer or a third party other than the carrier and designated by the Consumer, acquires physical possession of the last item.
In the case of a contract relating to the delivery of a good consisting of lots or multiple pieces, the term of 14 (fourteen) days, referred to in the first paragraph of this article, will run from the day on which the Consumer or a third party other than the carrier and designated by the Consumer, acquires physical possession of the last item.
In the case of a contract that involves the periodic delivery of goods during a certain period, the term of 14 (fourteen) days, referred to in the first paragraph of this article, will run from the day on which the Consumer or a third party other than the carrier, acquires physical possession of the first item.
Article 9: METHODS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
The exercise of the right of withdrawal will be communicated by the Consumer to RecallFirstHand, in compliance with what is specified in this article of the general conditions of sale, with a written communication sent by registered mail with acknowledgement of receipt to the address ITC Srl, via Francesco Melzi d’Eril 44, 20154 Milan (MI). The communication can also be sent by email (to firstname.lastname@example.org reporting “withdrawal” in the subject line) provided that it is confirmed by registered letter with acknowledgement of receipt within 48 (forty-eight) hours thereafter.
The communication of withdrawal must specify the complete data of the consumer – personal data and address -, the goods and services purchased, the date of the order, the date of the day of withdrawal, the order number and if in paper format, report the subscription of the Consumer who is exercising their right to withdraw. In the case of exercise of withdrawal under this article, the shipping costs are charged to the customer.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Recipient: ITC S.r.l., via Francesco Melzi d’Eril 44, 20154 Mi (MI) Tel. +39 0331 1544523, e-mail email@example.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following goods/services:
Ordered on (*)/received on (*) :
Name of consumer(s):
Address of consumer(s):
Signature of the Consumer(s) (only if this form is notified on paper):
Article 10: EFFECTS OF WITHDRAWAL
In the event of timely exercise of the right of withdrawal from this Agreement, in the ways and within the times established by Articles 8 and 9 of these general conditions, the Consumer will be entitled to a refund of all payments that they have made to RecallFirstHand.
The direct costs of returning the goods shall be borne by the Consumer and will be the only costs due by the Consumer themselves for exercising the right of withdrawal.
Article 11: LOSS OF THE RIGHT OF WITHDRAWAL
In the case of purchase contracts for smartphones together with the supply of services whose execution has started and completed with the express agreement of the Consumer before the start of the 14 (fourteen) days foreseen for exercising the right of withdrawal, the Consumer declares that they acknowledge and accept that, following the complete execution of the service by RecallFirstHand, they will lose the right to withdraw from the Agreement. The client’s request for smartphone personalisation services is cited merely by way of example. For details, see the appropriate section at the link SUPPORT RECALL FASHION STYLE
Article 12: LOSS OF THE RIGHT OF WITHDRAWAL FOR BEGINNING OF BENEFIT WITHIN THE TERM TO WITHDRAW
The Consumer declares to be aware that, in the event of requests to RecallFirstHand that the supply of the service or the supply of the digital content not provided on a material medium, starts before the 14 (fourteen) day period foreseen for the right of withdrawal has elapsed and, provided that the professional has provided them with written confirmation, even in a durable medium other than paper, they will lose the right to withdraw.
Article 13: EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FOR PRODUCTS WITH ORIGINAL DAMAGED/TAMPERED/DAMAGED PACKAGING AND/OR DIFFERENT/DAMAGED PRODUCTS
In the case of sales contracts that concern sealed products/items, the Client and/or Consumer declares to be informed that, under Article 16, letter i), of the EC Directive 83/2011, they will lose the right of withdrawal once the same, after delivery has been sealed and opened.
The right of withdrawal, therefore, does not apply to goods sealed and opened by the Client and/or Consumer and, to products/items returned without their original packaging or, with damaged packaging or with damaged packaging or without warranty seals.
The right of withdrawal does not apply if the product, once it arrives at RecallFirstHand, proves to be different from what was shipped at the time of sale.
Article 14: REIMBURSEMENT IN THE EVENT OF WITHDRAWAL
In the case of exercising the right of withdrawal by the Consumer, RecallFirstHand will reimburse the Consumer the payments received within 30 (thirty) days from the date of receipt of the communication with which the Consumer expresses his willingness to withdraw from the Agreement and only in the case in where the returned product complies with the provisions of these articles.
The refund, if possible, will be made by RecallFirstHand using the same means of payment used by the Consumer for the initial transaction, except in cases where the Parties have not expressly agreed, upon signing the Agreement, a different form of refund.
In any case, the Customer will not incur any fees as a result of such reimbursement.
Article 15: RETURN OF THE ITEM(S) IN THE CASE OF WITHDRAWAL
In case of withdrawal, the Consumer shall return the goods to RecallFirstHand within the established terms and, in any case, no later than 14 (fourteen) days from the day on which the RecallFirstHand company was informed of the Consumer’s decision to withdraw from the Agreement stipulated.
The refund price paid by the Consumer who has withdrawn can be suspended by RecallFirstHand until the company receives the goods subject to withdrawal, or until the Consumer demonstrates that they have sent the goods back, in compliance with §12-13.
Upon the return of a product/good, following the exercise of the right of withdrawal, the Consumer shall be solely responsible for the decrease in the value of the good if manipulation of the product/good is detected, which prevents it from establishing the nature, characteristics and functioning of the item itself.
Article 16: PAYMENT OF THE AMOUNT PROPORTIONED TO THE SERVICE PROVIDED
In the case of a contract for the supply of services, if the Consumer exercises the right of withdrawal after explicitly requesting the start of the service before the terms for the withdrawal have expired, the same will be required to pay RecallFirstHand an amount proportional to the services that RecallFirstHand has already started and carried out concerning all the services provided by the contract previously concluded.
Article 17: SALE PROHIBITED TO MINORS
Purchases made under these general conditions of sale are reserved for users who have reached the age of adulthood.
Article 18: Abandoned Devices and/or Products
Unless otherwise indicated by the Client and/or Consumer, RecallFirstHand will ship the regularly repaired Device, or the item/product purchased, to the address provided by the Customer at the time of purchase of the item/product, or repair/assistance service.
If the device and/or product is returned to RecallFirstHand as it was not possible to deliver to the address indicated in the purchase contract, the logistics providers of RecallFirstHand will attempt to contact the Client and/or Consumer to request an alternate delivery address. If these do not provide an address at which RecallFirstHand can deliver the device or the product/item purchased within 60 (sixty) days from the delivery attempt. See the section “Variations by country” for any exceptions related to foreign shipments), RecallFirstHand will communicate to the Client and/or Consumer, that the device, product/item will be considered abandoned. In this case, RecallFirstHand will send a written communication to the address provided by the Client and/or Consumer during the purchase/assistance order. If the product is considered as abandoned, RecallFirstHand will dispose of it under the applicable regulations and, specifically, may sell the product through private or public sale, to recover the costs incurred for any regeneration interventions, of assistance carried out and those in stock.
For customers in Europe, excluding Austria and Germany: If within sixty (60) days of the repair notice received from RecallFirstHand, the customer does not request the return of the product or pay all the fees due, Apple will arrange a deadline for collecting the product. RecallFirstHand will then send communication regarding the address indicated when the repair was authorised. In the event of non-collection of the product, RecallFirstHand may demand compensation for damages, including any costs related to the storage of the product. RecallFirstHand reserves the right to exercise the legitimate retention rights to guarantee outstanding amounts.
For customers in Austria or Germany: RecallFirstHand is authorised to retain the product until full payment of all repair costs. If within sixty (60) days from the notice of repair received by RecallFirstHand, the customer does not request the return of the product or pay all the costs due, RecallFirstHand will invite the customer to collect the product and/or to accept its delivery upon payment of the expenses. It is clear that without affecting the rights of RecallFirstHand for compensation to any damages, the customer will be responsible for any costs incurred for the custody of the products. RecallFirstHand reserves the right to exercise the legitimate retention rights to guarantee outstanding amounts.
RecallFirstHand reserves the right to exercise its legal rights and any other legitimate rights concerning the amounts not paid by the Client and/or Consumer. Besides, after 60 (sixty) days of free storage, RecallFirstHand applies a cost of storage equal to € 1 (one) for each day of storage starting from the 11th (eleventh) day.
AArticle 19: Applicable Law and Court of Jurisdiction
The contract of sale of goods and supply of services between the Client and/or Consumer and RecallFirstHand is regulated, although not expressly provided in the general conditions of sale and any further agreements agreed in writing between the Parties or, in any case, with the intention expressed on a durable instrument, by Italian law. In the event of disputes concerning the validity, efficacy and interpretation of the Agreement concluded between RecallFirstHand and the Customer, the court of Milan shall be the exclusive court of jurisdiction.
Article 20: Warranty and limitations of liability
To protect customers who purchase an asset or require assistance, RecallFirstHand guarantees:
A legal guarantee of 12 (twelve) months and an additional 12 (twelve) months of Recall First Hand guarantee for all goods purchased by private individuals for a total of 24 (twenty-four) months from the date of purchase of the appliance, the use of which is not attributable to uses other than private such as professional use.
12 (twelve) months warranty for all repairs except for the following:
- 3 (three) months warranty for all battery replacement interventions;
- 45 (forty-five) days guarantee for other interventions;
If a device malfunctions after the repair, it must be sent back to the RecallFirstHand Headquarters. The device will be checked by our technicians and repaired if defective. The warranty does not include problems that do not concern the intervention carried out by the RecallFirstHand technician, software problems or any tampering.
To guarantee the Consumer, in the case of purchases of goods/products that prove to be defective or that malfunction, RecallFirstHand guarantees a Legal Guarantee of 12 (twelve) months plus an additional 12 (twelve) months of Recall First Hand warranty for all goods purchased by private individuals for a total of 24 (twenty-four) months from the date of purchase of the appliance, this guarantee must be enforced within 2 (two) months from the discovery of the defect. For details on the application of the warranty applicable to the product/service purchased, please refer to the purchase order and the contractual specifications of the goods purchased.
If a spare part, product/item purchased is found to be defective, the site form must be filled in and the product/item returned in its original packaging to the RecallFirstHand Headquarters. The item will be checked by our technicians and replaced if defective.
Parts tampered with or installed incorrectly and consequently damaged will not be replaced
To enforce the warranty, the Client shall keep the proof of purchase (tax receipt or receipt).
Article 21: General rules
No RecallFirstHand employee, no qualified test laboratory according to the RecalFirstHand scheme is authorised to vary the terms and conditions governing any transaction. Therefore, no changes can be made to the Agreement established between the Parties.
If one or more clauses of this Agreement are deemed void or unenforceable by a Court or another Court of Competent Jurisdiction, these clauses will be limited or eliminated to the minimum necessary degree and replaced with a valid clause that best expresses the intentions of this Agreement, so that they remain fully valid and applicable.
Failure to claim or request RecallFirstHand to apply any clause will not constitute a waiver of that clause or the right to enforce this Agreement. Furthermore, the clauses of the Agreement cannot, in any way, be modified for conclusive behaviour between RecallFirstHand and the Client and/or Consumer or, third parties.
RecallFirstHand may instruct other service providers to perform product assistance.
Article 22: Processing of personal data
The necessary personal data for the completion of the purchase with relative billing are: name, surname, or company name, address, Tax Code, VAT number and email address. Other data such as telephone number, mobile number, fax number, shipping data other than invoice data are not mandatory and are provided at the Client and/or Consumer’s discretion.
The Client and/or Consumer is guaranteed that no data that has been provided personally or, indirectly through other websites, will be disclosed to third parties.
The Data Controller for personal information is the ITC SRL headquarters, with main offices in Via Francesco Melzi d’Eril 44, 20154 Milan (MI). In compliance with the provisions of Article 2 of Legislative Decree 196/2013, it guarantees that the processing of personal data takes place in compliance with the fundamental rights and freedoms, as well as the dignity of the interested party, with particular reference to confidentiality, personal identity and the right to protection of personal data.