General notes

 

These general conditions of sale apply to purchases made by the Consumer on the website www.categoriacigarettes.com (hereinafter, the “Site”). They are compiled and published in compliance with the regulations included in Section III, Chapter III, Par. I of L.D. no. 206 dated September 6, 2005 (Consumer Code) and L.D. no. 70 dated April 9, 2003, regarding e-commerce.

 

The products included on the Site are marketed by ARBI GROUP s.r.l. – Via Stoppani, 31 – 20831 Seregno (MB) – Italy – Tax Code – VAT & Chamber of Commerce 02272660180 – Milan Economic & Administrative Index No. 1946733 – Company capital € 100,000.00 fully paid up (hereinafter, Arbi Group).

 

Public offer

 

Through the Site, Arbi Group sells the products included in the “Store” section to consumers – private individuals who act for purposes unrelated to sales, handcrafted, entrepreneurial and/or professional activities.

 

The procedure to order, purchase, pay and deliver the products is entirely governed by these general conditions.

 

These conditions can be consulted at any time by the Consumer. In particular, before purchasing the products and sending the order form, the Consumer can print a copy of these conditions by using the print button and/or save them or duplicate them for personal use.

 

Upon finalizing the order, the Consumer will receive, together with Arbi Group’s email and physical address, a recap of the conditions of sale and agreement proposed for the purchase of the products, where they will find: reference to the general conditions of sale; data recap on basic features of each ordered product, with related price (including all applicable taxes and charges); description of payment methods available to purchase the products; recap of delivery methods of purchased products and of complaint procedures; recap of shipping costs and delivery information; date by which Arbi Group undertakes to deliver the products; recap of conditions and methods to exercise the right of withdrawal and of methods and timings to return the purchased products (taken from the return form); cost recap for returning the products in case of withdrawal.

 

Closure of contract

 

Upon completing the procedure to select and add the products to the Basket, and after reading these conditions, the Consumer will be asked to proceed to check out. The sending of the order by the Consumer entails the obligation to pay the related price.

 

After completing the purchase, Arbi Group will send a purchase receipt by email to the Consumer, including the general conditions of sale, the abstract regarding the right of withdrawal, and all the information already supplied in the recap of the terms of sales and agreement shown before proceeding to check out.

 

The sale agreement is considered entered into with the receipt of the confirmation email by the Consumer.

 

The purchase order form is stored in the Arbi Group database for the time needed to dispatch the order and in any case as provided by law.

 

If the products shown on the Site are no longer available or on sale at the time when the order form is sent, Arbi Group will duly inform the Consumer, in any case within thirty (30) days from the day after the date the order was sent, of the unavailability. In such case, if the Consumer has already paid the price, Arbi Group will promptly refund the amount in reference, and the agreement will be considered cancelled between the Parties.

 

Payment

 

The payment of the price can be made by the credit cards mentioned on the Site, bank transfer, PayPal and cash on delivery.

 

If the payment is made by credit card or PayPal, the price will be actually charged at the time when the order confirmation email is sent by Arbi Group.

 

Communications relating to the payment and the data provided by the Consumer are exchanged on protected lines. Payment by credit card is protected and guaranteed by the VBV (Verified by VISA) and SCM (Security Code Mastercard) protocols.

 

Shipping and Delivery

 

The delivery will be made only after the payment of the price, within 10 days max. from the receipt by the Consumer of the order confirmation email.

 

We only deliver in Italy, by express courier chosen by Arbi Group. The Consumer must accept the shipping.

 

The risk of product loss or damage, due to causes not ascribable to Arbi Group, is transferred to the Consumer at the time when they, or a designated third party other than the courier, is in material possess of the products.

 

Warranties

 

Pursuant to art. 130, Consumer Code, in case of product non-compliance, the Consumer has the right to have the compliance of the product restored, at no cost, by a replacement.

 

Arbi Group is liable for non-compliance in case this occurs within two years from product delivery.

 

Unless the Consumer informs Arbi Group about the non-compliance within two months from its discovery, the warranty will be void and they will not have the right to a replacement of the faulty product.

 

The following are not deemed as faulty: products which are broken or damaged due to improper use; products used in combination with non-original Categoria products; products damaged by water or collisions; products for which it is not possible to trace the order number, customer ID and purchase date (data included in the confirmation email received by the Consumer upon completion of an order).

 

Right of withdrawal

 

Pursuant to art. 3, Consumer Code, the Consumer has the right to withdraw, without specifying any reason, within 14 days from product delivery. After this period, the Consumer has no right to withdraw ad nutum from the purchase, nor to get a refund.

 

The right of withdrawal is not applicable in relation to customized products, products subject to rapid wear, sealed products which cannot be returned for sanitary reasons or for health-related reasons, or which are opened after delivery, as well as in all cases explicitly pursuant to art. 59, Consumer Code.

 

The right of withdrawal can be exercised by written notice to be sent by registered mail to ARBI GROUP s.r.l. – Via Stoppani, 31 – 20831 Seregno (MB) – Italy, or to the certified email address info@pec.arbigroup.com, or to the fax number (+39) 0362241122.

 

In order to comply with the terms of withdrawal, the Consumer must send the related notice before expiration of the period provided by law.

 

The direct costs for returning the products in case of withdrawal are charged to the Consumer.

 

The products must be returned whole, in the original package, complete of all their parts (including packaging and any documentation and accessory: user guide, cables etc.) and they need to include the related tax documentation. Subject to verifying compliance to the above, Arbi Group will refund the price of the returned products, inclusive of delivery costs, within 14 days max from their receipt.

 

Arbi Group reserves the right to proceed with the refund upon receipt of the products, or rather upon proof of their delivery by the Consumer, as provided for by art. 56, par. 3, L.D. 206/2005.

 

The refund will be made by the same method used by the Consumer for the purchase. In case of payment by wire transfer, the Consumer must supply Arbi Group with their bank data, IBAN, SWIFT and BIC codes, needed for the refund, by accessing their personal page (if applicable) or by communicating it together with the withdrawal notice.

 

Applicable law and jurisdiction

 

In case of disputes between Arbi Group and the Consumer, the Italian law exclusively applies. Jurisdiction is the court of the Consumer’s domicile or residence, if located in Italy.

 

In all cases, the Parties may opt for mediation, as provided by L.D. 28/2010, in order to determine any dispute arising from the construction and performance of these terms of sale.