Terms and conditions

1. General rules

1.1

These general conditions of sale (hereinafter, “General Conditions”) are applicable to all sales of ProtoXtype products (hereinafter, “Products” or “Product”) concluded remotely through the website www.protoxtype.com ( hereinafter, “Site”).

1.2

The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), understood as natural persons who act for purposes unrelated to their commercial, artisanal, entrepreneurial activity. or professionally performed, over the age of 18 (or, if minors, authorized by their legal representative).

1.3

The language available to conclude the contract through the Site is alternatively Italian or English.

1.4

The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow the Customer to know them as well as to store and reproduce them.

1.5

The contracts concluded with SVR Development SA (as defined below) through the Site are governed by Swiss law, with the exception of the rules on conflicts of law.

2. Identification of the seller

The seller SVR Development SA, Via Coste 3 B 6853 Ligornetto (Switzerland) (SVR)

3. Information relating to the Products and their availability

3.1

The information relating to the Products, with the related product codes, are available on the Site.

3.2

The Products represent a selection of the items normally available in stores.

Not all the Products described on the Site are or will be available at all ProtoXtype® stores.

3.3

All Products are subject to availability at the time. SVR reserves the right at any time to vary the limits on the quantity and / or type of Products that can be purchased online on the Site. The style, models and colors of the Products described on the Site may be changed without notice. During the procedure relating to the transaction, an automatic response will notify the Customer of the time required to process the order and / or the possible impossibility of processing the order due to the unavailability of the ordered Product.

4. Price

The prices of the Products are expressed on the Site in Francs (CHF) and already include VAT and all import duties. The delivery costs indicated separately in the order form, where applicable, must be added to the prices of the Products.

5. How to purchase

5.1

The essential characteristics and prices of the Products are shown in the offer relating to each Product on the Site.

5.2

Before sending an order proposal, Customers are invited to make sure they have read and understood the instructions provided during the purchase process and these General Conditions, as they will be binding once the contract is concluded. To purchase the Products, the Customer must complete and send the form with the order proposal in electronic format to SVR, following the instructions contained on the Site. The Customer must insert the Product in the appropriate “cart” and, after having read and accepted the General Conditions, with particular reference to the contribution for delivery costs and the conditions on the right of withdrawal, as well as after having read the Privacy Policy , must select the desired payment method and choose the “proceed with the order” option.

5.3

If the Customer needs to correct any data entry errors, he must follow the appropriate modification procedure indicated on the Site, before submitting his order proposal. In particular, the Customer has the right to modify the quantity of the Products he intends to purchase, by adding or deleting one or more Products from the “cart”.

5.4

By sending the order proposal to SVR, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept the General Conditions.

5.5

Without prejudice to the uses of the data described in the Privacy Policy and subject to the express consent of the Customer, the form with the order proposal and the Customer data relating to the order proposal will be kept by SVR for the period of time provided for by the current legislation.

6. Methods of payment

6.1

The Customer may pay the price of the Products and the related delivery costs by credit card or paypal.

6.2

The transaction will be charged to the Customer’s credit card only after:

(i) the credit card details have been verified;

(ii) the debit authorization has been received from the company issuing the credit card used by the Customer and

(iii) the availability of the Product has been confirmed by SVR and therefore after the order is ready to be processed.

6.3

No charge will be made at the time of sending the order proposal, without prejudice to any charge necessary to ascertain the validity of the credit card.

6.4

In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the purchase process will be automatically canceled and the purchase automatically canceled.

7. Conclusion of the contract

7.1

The contract stipulated between SVR and the Customer must be considered concluded when the Customer receives confirmation from SVR that his order proposal – sent in compliance with the purchase procedure indicated on the Site – has been successful following the verification of the availability of the Product and that the price has been charged to the Customer’s credit card. SVR may at its sole discretion accept or reject the orders of a customer, or inform him of his inability to process them.

7.2

SVR reserves the right to partially fulfill the order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially fulfilled order will be charged.

7.3

SVR is not liable for malfunctions depending on the data transmission network manager.

7.4

At the time of order confirmation or execution of the contract, SVR will send the Customer, by e-mail, the information relating to the essential characteristics of the Products purchased, the detailed indication of the price and the means of payment, information on delivery costs, the geographical address of SVR to which complaints can be made.

The Customer must immediately check the content of the communication and immediately report any errors or omissions to SVR.

8. Invalidity of the order proposal

8.1

Notwithstanding the provisions of paragraph 7 above, no order proposal must be considered accepted by SVR and no contract must be understood as concluded between SVR and the Customer if SVR has reasonable and well-founded reason to believe that the Customer:

(i) intends to purchase the Products for purposes related to his own or others’ business or professional activity, in compliance with the provisions of paragraph 1.2 of these General Conditions; or

(ii) does not operate on the basis of an effective and genuine interest in purchasing the ordered Products, or

(iii) abusively exercises the right of withdrawal recognized in paragraph 13 below.

8.2

In such cases, the order proposal sent by the Customer must be deemed to be void of any validity and effectiveness. SVR will send the Customer, by e-mail, a communication certifying the non-acceptance of the order proposal by SVR and the non-conclusion of the contract, also taking care of the cancellation of any charge and / or expense borne by the Customer.

9. Transport and delivery

9.1

For each order placed on the Site, SVR issues an invoice for the Products shipped, sending it by e-mail or post to the order holder. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.

9.2

Delivery costs are charged to the customer and are clearly highlighted in the order form.

9.3

All purchases will be delivered by express courier and Swiss post, starting from the business day following the date of confirmation of acceptance of the order proposal, based on the indicated availability. SVR is not responsible for unforeseeable delays and / or attributable to the courier.

9.4

In any case, except in cases of force majeure or unforeseeable circumstances, the Products will be delivered within a maximum period of 30 (thirty) days from the day following that of the conclusion of the contract in accordance with paragraph 7.1 above, unless SVR does not communicate – within the same term or by the latest agreed delivery date, also by e-mail – the impossibility of delivering the Products ordered following the unavailability, even temporary, of the Products. In the event of such communication, SVR will refund any sums already paid by the Customer for the payment of the supply.

9.5

In the event that, in response to the communication of SVR of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the date of receipt by SVR of the order cancellation notice.

9.6

For the delivery of the Products, the presence of the Customer or his representative must be present at the address of the recipient indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check:

(i) that the number of packages delivered corresponds to what is indicated in the transport document (DDT);

(ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials. Any damage to the packaging and / or the Product or the mismatch in the number of packages or information must be immediately reported in writing on the courier’s proof of delivery. Once the courier’s document has been signed without the Customer having made any objection, the Customer will not be able to make any objection about the external characteristics of the delivered package.

10. Confirmation of shipment and delivery

SVR will send the Customer a confirmation e-mail once the Products have been shipped, as well as a subsequent communication confirming the delivery made.

11. Right of withdrawal and cancellation of orders

11.1

SVR wishes to guarantee complete customer satisfaction. The Customer has the right to withdraw from the contract, specifying the reason and returning the Products purchased on the Site within 7 (seven) working days from the date of receipt of the Products.

11.2

To exercise the right of withdrawal, the Customer must send an e-mail containing:

the manifestation of the will to make use of the right of withdrawal;

the indication of the Products for which the Customer wishes to make use of the right of withdrawal;

the progressive order number communicated by SVR at the time of confirmation of the purchase;

IBAN code of the Customer, in order to make the refund.

11.3

In case of exercise of the right of withdrawal, SVR will refund the full price of the Products as long as they are returned by the Customer unworn, unused and undamaged, as well as accompanied by the relative original invoice, and with the ProtoXtype packaging. SVR will only accept returns and exchanges of Products that have been delivered with a return / exchange label or sticker or seal if the above return instructions are correctly followed and if the label or sticker or seal is intact. and attached to the Product.

11.4

SVR reserves the right to refuse the return of those Products that do not comply with these requirements. In the event of defective Products, the provisions of paragraph 15 “Defects of conformity” will apply. Refunds will be made with the same payment method used for the purchase. The price of the Products purchased online cannot be refunded by ProtoXtype┬« stores.

11.5

The costs for returning the Products are charged to the Customer; any expenses incurred by the Customer for the return will not be refundable.

11.6

SVR undertakes to reimburse the Customer no later than 30 days from the date of receipt by SVR of the order cancellation or withdrawal notice.

11.7

SVR will send an e-mail notification once the refund has been made.

11.8

It is recommended to ship the Products to be returned insuring the full amount of the goods, and taking care to receive a shipping number to allow tracking of the shipment. SVR will not be liable for reimbursement or compensation relating to Products shipped by the Customer but which have never been received by SVR due to loss, theft or damage not attributable to SVR.

12. Lack of conformity

The legal guarantees provided for by Swiss material law apply to the sale of the Products, in particular by the rules provided for in the Code of Obligations.

13. Errors or inaccuracies

SVR undertakes to provide constantly updated information in the sections of the Site relating to the description and / or sale of the Products. However, the complete absence of errors cannot be guaranteed. The pages of the Site in question may contain typing errors, inaccuracies or omissions, for example relating to the price, availability of the Product, and to the information sheet of the Product itself. SVR reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to change or update information at any time without prior notice.

14. Applicable law and competent court

14.1

These General Conditions are governed by Swiss law (with the exception of names on conflicts of law) and must be interpreted in accordance with Swiss law.

14.2

For disputes arising from the interpretation, validity and / or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the Customer / consumer.

15. Contacts

For further information and assistance on the Site or on how to purchase online, the Customer can contact SVR at the contact page Contact us or at the following address:

SVR Development SA

Via Coste 3B CP 30

CH 6853 Ligornetto (Svizzera)