Pre-Contractual information for consumers

PRE-CONTRACTUAL INFORMATION FOR CONSUMERS PURSUANT TO ART. 49 OF ITALIAN LEGISLATIVE DECREE 206/2005 (CONSUMER CODE)

Pursuant to art. 49 of Italian Legislative Decree no. 206/2005 (Consumer Code), SBS S.p.A., a company incorporated under Italian law, with registered offices at Via Circonvallazione [no street number], 28010 Miasino, Italy (tax code and VAT no.: 01888310032, Economic and Administrative Index no. 202775), hereinafter referred to as ‘SBS’,
hereby informs that:

• for any information, requests for assistance or complaints, Customers can write and/or contact SBS S.p.A. at: SBS S.p.A., Via Circonvallazione [no street number], 28010 Miasino (NO), Italy - Tel.:+39-0322-980909 - Fax: +39 -0322 -980910 - e-mail: info@sbsmobile.it
• the subject of the online sales contracts refer exclusively to the products shown in the online catalogue on the website www.sbsmobile.it, www.sbsmobile.com or www.sbsmobile.store. Customers may only buy the products appearing in said catalogue and available when the order is sent. SBS S.p.A. reserves the right to vary the product catalogue without notice. Any articles appearing on the SBS S.p.A. Websites but not in the online catalogue are not intended for online sale and, as such, cannot be bought by Customers. Similarly, orders cannot be placed for products which appear in the online catalogue but are shown not to be available. All products offered for sale are described (by way of example, with details on the quality, features and price and images) in the specific online catalogue on the Internet site at www.sbsmobile.it, www.sbsmobile.com or www.sbsmobile.store. The information sheet for every product provides the sales price to the public inclusive of VAT. Product prices are shown in Euro. Shipping and delivery costs and any other charges in addition to the sales price inclusive of VAT will be detailed and displayed before forwarding the order. SBS reserves the right to alter the prices of the products offered for sale at any time and without notice. In any case, Customers shall be charged the product prices shown on the website at the time of sending each order. Any image of the product accompanying the product description sheet is merely for illustrative and indicative purposes, and may not correspond with the real features of the product since it may differ in terms of colour, size, and the accessories appearing in the picture. SBS therefore refuses all responsibility regarding the graphic representation of the products shown on the website due to the above stated technical features;
• SBS S.p.A. accepts orders only for delivery in the following countries: Italy, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, the Netherlands, Portugal, Spain, Sweden. It is noted specifically that orders with delivery to Livigno, Campione d'Italia, the Republic of San Marino and the Vatican City shall not be accepted. The shipping of ordered products shall be done using the methods selected by the Customer among those available and detailed on the SBS S.p.A. Website at the time of sending the order. For the delivery of the order, SBS S.p.A. uses express couriers appointed at its own discretion. When the product ordered is available, it is normally despatched within a minimum of 3 and a maximum of 6 working days in the case of delivery in Italy; with the exception of "PERSONALISED COVER" products, where delivery shall take place on average within 10 working days. In the case of products to be delivered outside Italy, these are normally despatched within a minimum of 3 and a maximum of 6 working days from the time of their availability; with the exception of "PERSONALISED COVER" products, where delivery shall take place on average within 10 working days. In any case, unless the product ordered is unavailable even temporarily, pursuant to art. 4.3 of the General Conditions of Sale and SBS Privacy Policy, the shipping of products shall take place within 30 working days from the date the contract was concluded.
• goods can be paid by credit card or using the PayPal system. Payments are accepted from the following credit card providers: VISA, MASTERCARD and AMERICAN EXPRESS.
• Payments by credit card: shipment of the order shall take place only subsequent to verification of the Customer's credit card information, carried out by SBS S.p.A. with the bank, and subsequent to receipt of the authorisation to debit said credit card. The debit to the Customer's credit card only takes place subsequent to the despatch of the relative order.
• Payment with electronic money via the PayPal service: the electronic money payment mode via the PayPal service is subject to the limits indicated from time to time in the purchase procedure, which the Customer must follow for sending the order. For this payment system, the Customer must open a PayPal account and accept the rules of the relative service. SBS accepts payment only from Customers registered with the Italian PayPal site. The amount of the order shall be debited to the Customer's PayPal account after confirmation of the order by SBS. The product purchased shall be delivered after verification of the transfer of the purchase price to the SBS PayPal account. Any reimbursements to the Customer shall again be carried out by SBS onto the PayPal account based on the procedures set the PayPal service. A confirmation e-mail shall be sent by PayPal for every transaction carried out.
• It should be noted that any costs for connection to the Website via the internet, including telephone costs, shall be borne by users according to the tariffs applied by the operator selected by the user.
• Only the consumer (i.e. the natural person, the Customer, that buys the products for purposes extraneous to his/her commercial, business, professional or entrepreneurial activity as contemplated by art. 3 of Italian Legislative Decree 206/2005 (hereinafter the "Consumer")) has the right to withdraw without any penalty and without providing reasons, within 30 working days of the Consumer or third party other than the carrier physically taking possession of the goods, pursuant to art. 52 of Italian legislative decree 206/2005 (the Consumer Code). In the event of multiple items being ordered by the Consumer on a single order and delivered separately, the time period of 30 days within which to exercise the right of withdrawal shall take effect from the day on which the Consumer or a third party other than the carrier, takes physical possession of the last item. To validly exercise the right of withdrawal pursuant to art. 54 of Italian Legislative Decree no. 206/2005, the Consumer must inform SBS S.p.A. of his/her intention to withdraw from the contract within the above-stated period of 30 working days from receiving the products ordered. In this regard the Consumer may utilise:
  a) the withdrawal form available in the "Right of Withdrawal" section of the SBS S.p.A. Website, which must be duly filled in by the Consumer, entering all the data requested by the system. The Consumer is requested to carefully read the instructions for exercising the right of withdrawal contained in the "Right of Withdrawal" section on the SBS S.p.A. website, and to carefully check what was filled in on the withdrawal form before sending it; or
  b) any other explicit declaration stating the withdrawal from the contract, containing: i) the explicit manifestation of the will to exercise the right of withdrawal pursuant to the Consumer Code; ii) an indication of the product in relation to which the right of withdrawal is to be exercised; iii) the date on which the product was ordered and received; iv) the Consumer's name, surname and address.
  The withdrawal form or the explicit withdrawal declaration must be sent within the above stated period of 30 working days from receiving the products ordered to SBS S.p.A. current registered offices at Via Circonvallazione [no street number], 28010 Miasino (Italy). The form or declaration may sent within the same deadline by letter sent through the post, by telegram, telex, email (to info@sbsmobile.it) or fax (to the following number +39 -0322 -980910).
  Alternatively to what has been detailed above, the Consumer can validly exercise the right of withdrawal by filling in and e-mailing the return form found in the "Returns Goods" section on the SBS S.p.A. website to the SBS email address listed in the same section of the Website, within the deadline of 30 working days from receipt of the ordered goods. Every field of the aforesaid form must be duly filled in by the Consumer, with all the data requested by the system. The Consumer is requested to carefully check the information entered in the return form before sending. In this case, on electronic receipt of the return form, SBS S.p.A. shall send to the e-mail address indicated by the Consumer on the said return form, a message confirming receipt (which it is recommended the Consumer prints out and keeps and/or saves on a durable support) with details of the return case number. For the return of products purchased online via the SBS website, the Consumer is asked to use the couriers appointed by SBS S.p.A. (all the information is contained on the returns form available on the SBS site). The procedures and timing for the return of products to SBS must be agreed by the Consumer directly with SBS S.p.A. If the Consumer uses a courier appointed by SBS, the transport costs for return of the products shall be borne in full by SBS S.p.A. However, if the Consumer does not use a courier appointed by SBS (the Consumer being free to use other couriers), the Consumer shall be responsible for both proof of the products return and the expenses relating to the return. In the case of the latter, SBS S.p.A. may suspend the refund until the goods are received. The Consumer exercising the right of withdrawal must return the goods perfectly intact and complete with all the elements supplied and in the original packaging to the SBS S.p.A. operating headquarters at Via Circonvallazione [no street number], 28010 Miasino (NO), Italy. On receipt of the withdrawal notice on the part of SBS S.p.A., the parties are released from their respective obligations deriving from the purchase order. If the products have already been delivered, the consumer is obliged to return them within 30 working days from the date on which SBS S.p.A. was notified of his/her intention to withdraw from the contract pursuant to art. 54 of Italian Legislative Decree no. 206/2005. If the withdrawal right is exercised correctly by the Consumer, SBS S.p.A. shall refund the total amount paid by the Consumer for the product purchased, including the shipping costs to the Consumer. The refund is carried out free of charge, using the same payment method utilised by the Consumer for the initial transaction, unless otherwise specifically agreed with the Consumer that shall not support any cost as a consequence of the refund. The refund shall be made as quickly as possible and, in any case, within 30 days from the date on which SBS S.p.A. learned of the Consumer exercising his/her right of withdrawal. It is noted that pursuant to art. 59, paragraph 1, point c) of Italian Legislative Decree no. 206/2005, the Consumer shall not be entitled to the right of withdrawal in respect of “PERSONALISED COVER” implemented by SBS S.p.A., based on the indications and on request of the Consumer. For additional information on the right of withdrawal, the conditions, terms and procedures to follow to exercise this right, as well as the Consumer's and SBS S.p.A.'s obligations, the Consumer is asked to carefully read the information on the right of withdrawal contained under art. 7 of the General Conditions of Sale and SBS Privacy Policy;
• All products sold by SBS S.p.A. are covered only for Consumers by the legal 24-month guarantee for non-conformities, pursuant to art. 128 et seq. of Italian Legislative Decree no. 206/2005 (the Consumer Code) which, on matters of consumer protection applies the corresponding European Directives and, in particular, the principles and procedures established by European Directive 1999/44/EC. To activate the guarantee, the Customer must keep the purchase invoice. The 24-month guarantee pursuant to the Consumer Code is applied in the case of a non-conforming product, providing it has been correctly used according to its intended use and as contemplated in the attached technical documentation. Said guarantee is reserved to Consumers and is effective provided that: a) the defect appears within 24 months from the product delivery date; b) the Consumer presents a formal complaint relative to the defect within the maximum deadline of 2 months from the date on which it was discovered. In the case of non-conformities, the provisions under art. 130 of Italian Legislative Decree no. 206/2005 will be applicable. If the product defect is not a non-conformity, the Customer cannot seek recourse to the conformity guarantee contemplated by art. 130 of the Consumer Code, and if SBS carries out verifications and/or repairs, directly or through an independent Technical Assistance Centre, the Customer shall be debited any costs for product verification and repair as well as the transport costs if incurred by SBS S.p.A.
• in the event of complaints, SBS shall respond within 8 working days.

For additional information on the services offered by SBS S.p.A., the online purchase procedure, and the obligations and rights resulting from the sales contracts entered into on the SBS Website, Consumers are asked to read the General Conditions of Sale and SBS Privacy Policy and the General Conditions for access and use of the website.

Finally, it should be noted that in the online sales concluded between SBS and the Consumer, the provisions under Italian Legislative Decree no. 206/2005 (the Consumer Code) are applicable with special reference to Chapter I, Title III, Part III of Italian Legislative Decree no. 206/2005.