Terms and Conditions of Sale

Article 1 | Scope of application

These Terms and Conditions of Sale (hereinafter “Terms and Conditions”) govern the online sale of products present on the Site store.visionbox.it (hereinafter “Site” or “Visionbox Store”) – owned and managed by Codemedia s.n.c. di Lari Filippo & C. with registered office at Viale Napoli, 83, 61121 Pesaro (PU), VAT no. 02641190414, Pesaro Business Register No. 198044 – in the quantity and quality chosen by the Customer.

These Terms and Conditions, together with the conditions regarding the methods of payment and shipment of the goods, constitute an integral part of the purchase contract made between the Customer and Codemedia.

The products marketed by Codemedia on its Site consist of computer and micro-computer products (hereinafter “Products”). All the Products available to customers are illustrated on the homepage or other pages of the Site.

The Products on the Site are aimed exclusively at business customers, as well as freelancers, public bodies and associations (hereinafter “Customer” or “User”). A business customer is a natural or legal person or an association with legal personality entering into the transaction in the exercise of their commercial, professional or business activity.

When purchasing a Product you must indicate in the customer details section that you belong to one of these categories, by entering your VAT ID number.

Products and services on the Site may not be purchased by non-business customers (Consumers). For the purposes of these Terms and Conditions, a non-business user (“Consumer”) means any natural person who purchases the Products and/or Services for purposes unrelated to their commercial, industrial, artisanal or other professional activity, in accordance with the provisions of Italian Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”).

If, after formation of the contract, Codemedia becomes aware that the customer does not belong to one of the above categories, it reserves the right to terminate the contract within a reasonable period.

Article 2 | Acceptance and amendment of terms of sale

Codemedia invites all users to carefully read these Terms of Sale before completing any purchase and to print them and save a digital copy after purchase.

By placing an order with Codemedia, the Customer confirms having read all the instructions given during the purchase procedure and fully accepts all these Terms of Sale (mandatory check-box before order is placed).

Codemedia may vary these Terms and Conditions without notice. The changes will take effect from the date of their publication on the Site. Purchase orders placed before the publication of the changes will be processed in accordance with the Terms and Conditions in force when the contract was made.

Art. 3 | Terms of purchase, registration on the Site and formation of the contract

3.1 – Registration

Users are required to register on the Site before making any purchases, and must provide their personal data for the purposes of invoicing and delivery of the products. The data provided will be stored at the time of the first purchase and you are only required to enter your username and password to place a new order.

These data are protected under European Regulation 679/2016 on the Protection of Personal Data (GDPR) and the Italian privacy law (Italian Legislative Decree 196/2003, as amended by Italian Legislative Decree 101/2018). You can edit your data at any time by accessing “My Account”.

Registration on the Site does not bind the user to make a purchase. Users will be asked to register after placing a product in the Cart and clicking on “Place order”. The user is then taken to an identification page. New users will be asked to register on the Site by completing a data form. Returning users will simply be asked to enter the username and password they gave at the time of registration.

3.2. – Offer of products on the Site

The presentation of products on the Site constitutes an invitation to purchase. The order placed by the Customer on the Site will be considered as a contractual offer to purchase, subject to confirmation and/or acceptance by Codemedia as described below.

The Customer can purchase the products visible at the address store.visionbox.it, illustrated on the homepage of the Site, from the respective sections which are divided into product categories, as described in the product sheets.

The products published on the Site may be:

  • “available”, i.e. physically in stock and available for purchase by the Customer;
  • “not available”: in this case, the product cannot be ordered by the Customer, who can leave an email address to receive notification of when the product is back in stock;
  • “on order”: in this case, the product can be ordered by the Customer even if it is not physically available in the warehouse. Codemedia will order the item chosen by the Customer from its supplier. The times necessary for the receipt of these products by Codemedia vary between 3 and 45 working days, and are in any case expressly indicated in the Cart pages.

For purchases made via the “Rental/Operational lease” method, Codemedia does not guarantee that the product ordered by the Customer will still be available during the period between the date on which the order is received and the date on which Codemedia receives notification of final approval of the finance, from the Finance Company.

When the purchase order is placed, the Customer has the option to choose their preferred Payment Method.

The Customer’s purchase order will thus be considered as a contractual offer of purchase, addressed to Codemedia for the listed products, each considered individually. On receipt of the purchase order, Codemedia will automatically send an email confirming receipt and acknowledgement (“Acknowledgement of Order”).

The Acknowledgement of Order does not constitute an acceptance of the Customer’s offer to purchase. By sending the Acknowledgement of Order, Codemedia is merely confirming that the order has been received and that it is checking the details, the availability of the products requested by the Customer and the payment made according to the Customer’s chosen method.

The Customer must check the data in the Acknowledgement of Order email and immediately report any system errors to Codemedia.

The Acknowledgement of Order email will contain the following data: order identifier; date the order was placed; product(s) purchased; quantities and prices; chosen payment method; shipping costs; the invoicing and delivery details provided by the Customer.

3.3 Formation of the Contract

The sale contract between the Customer and Codemedia will be formed only when Codemedia sends the Customer a separate email formally confirming the order,

containing the delivery and billing information; this constitutes acceptance of the Customer’s offer of purchase (“Shipping Confirmation”).

For purchases made using the payment method “Rental/Operating Leasing”, the contract will be formed, and Codemedia will be required to deliver the product ordered, with effect from the date on which Codemedia receives notification from the finance company that the finance has been approved.

If, after the conclusion of the contract, it is found that the goods are no longer available, Codemedia will inform the customer without delay. If the unavailability of the goods is beyond the control of Codemedia, Codemedia may exercise its right to terminate the contract within an appropriate period, starting from receipt of the notification that the goods are unavailable. Alternatively, Codemedia may offer to supply goods of a similar type and quality to the goods originally ordered. If the customer does not confirm the variation of the contract within a reasonable period, starting from receipt of the offer, Codemedia may terminate the contract within an appropriate time.

In the event of termination, Codemedia will immediately refund any amounts already paid by the customer.

The Contract will be deemed made in the place of the Vendor’s registered office.

In accordance with Article 12 of Italian Legislative Decree No. 70/03, the supplier informs the customer that each order placed will be stored in digital/paper form on the server/at the supplier’s premises, in accordance with confidentiality and security criteria.

Article 4 | Prices

The sale prices of the products are published on the Site in Euros, exclusive of VAT.

Any shipping costs and other charges will not be included in the purchase price but will be indicated and calculated during the purchase procedure, before the order is placed.

Shipping costs will vary depending on the product chosen and the place of destination indicated when the order is placed. The total cost of shipping to the Customer’s home is borne by the Customer, subject to any exceptional cases or circumstances specifically advertised on the Site and/or communicated by email.

Codemedia declares that the prices of the Products, any shipping costs and the payment terms applied are those indicated on the Site when the online order is placed, and confirms that checks are carried out on the accuracy of prices.

If, due to misunderstandings or other inconveniences caused by the operation of computer systems, a price other than the actual price is indicated by mistake (“Obstructive error”), Codemedia will contact the Customer to check whether they wish to purchase the product at the correct price, as the order cannot be fulfilled otherwise.

Please note that the prices indicated on the Site are subject to change and/or modification by Codemedia without any prior notice to the Customer. Sale contracts made before the changes are published but which are still being processed will be subject to the prices in force at the time Codemedia receives the Customer’s order.

Article 5 | Product characteristics and catalogue data

For each Product on the Site, the online catalogue contains a product sheet describing the functions and characteristics of each Product.

Codemedia declines any and all responsibility for any errors in the technical data sheets and/or inaccuracies and/or for non-correspondence between the Product descriptions and the actual functions and characteristics of the Products; the images and photos used in each Product data sheet are purely indicative and may not provide a perfect representation of the characteristics of the Product itself, which may differ in terms of colour, size or accessories not featured in the accompanying images or photos.

The delivery and availability times indicated in the online catalogue are based on the data communicated to Codemedia by the suppliers and refer to the working week (Monday to Friday). They are thus non-binding declarations about the expected delivery and lead times.

Article 6 | Payment and invoicing methods

Customers can pay for online purchases by credit card or bank transfer (see the “Payment methods” section).

Codemedia uses secure payment protocols to safeguard customer privacy (see “Payment Security”).

The Customer is required to indicate the chosen payment method when placing the order.

Codemedia’s acceptance of the payment method chosen by the customer is subject to a credit check. Codemedia has the right to run a credit check before delivery and to use credit scoring agencies for this purpose. If the credit check is not satisfactory, Codemedia

reserves the right to make the delivery to the customer only if payment is made in advance. In this case, Codemedia will promptly inform the customer.

Codemedia may suspend and/or cease the supply of goods or services if the Customer does not pay the outstanding balance due.

The details provided by the Customer at the time the order is placed will be used in the invoice.

Article 7 | Delivery of products

Codemedia will deliver the products via the selected carrier, to the address indicated by the Customer in the purchase order. The goods travel at the expense and risk of the Buyer.

The methods and times of shipping will be specifically indicated during the online order process. Delivery times will vary, according to the choices made by the Customer during this process. The delivery times indicated online are in any case to be understood as indicative and are not binding.

Delivery costs are borne by the Customer, for the amount indicated in the order receipt notification.

For the delivery of the goods to take place, the Customer or designated representative must be present at the address indicated in the order.

Upon delivery of the goods by the courier, the Customer is required to check:

  1. that the number of boxes is the same as indicated in the transport document (DDT);
  2. that the packaging is intact, not damaged, wet or otherwise impaired (including the tape and seals);
  3. that the delivered product corresponds to the purchase order.

Any damage to the packaging and/or the product and any discrepancy in the number of boxes or indications must be reported immediately, in the form of a written reservation on the courier’s delivery note. Once the courier’s document has been signed, the Customer will not be able to raise any objection regarding the external characteristics of the goods delivered.

The maximum deadline for reporting transport damage is 8 days after receipt of the order (for more information see the “Shipping methods” section).

In any event Codemedia declines all responsibility for late delivery or non-delivery due to incorrect or incomplete communication of the address by the Buyer.

Article 8 | Cancellation of orders and returns of goods

  1. – Order cancellation

The Customer may request the cancellation of all or part of the order, but Codemedia reserves the right to accept or reject the cancellation request depending on whether the goods ordered specifically for the Customer have been requested from its supplier/manufacturer. Requests for cancellation and any acceptance of cancellation must be made in writing.

      2. – Returns of goods

Goods purchased by the Customer may not be returned or replaced except where the right to a return or replacement is provided for by law and/or is included in the agreements between the parties.

If the Customer does have the right to return the goods, the request must be sent to Codemedia in writing within 10 (ten) working days from the date of receipt of the goods, by filling in and sending the return form (provided by Codemedia) and expressly indicating the reasons for the return and details of the invoice and/or the transport document. The return must be expressly accepted by Codemedia by email. The acceptance email will contain all the instructions and other information necessary to complete the return procedure.

Codemedia’s acceptance of goods returned by the customer does not automatically equate to acceptance of the return request.

The return of the goods is subject to the following mandatory conditions:

      1. the returned goods must be intact and returned in the original undamaged packaging, complete in all its parts (including original packaging, any documentation and accessories such as manuals and cables); to limit damage to the original packaging, we recommend inserting the box into a second box or protective wrapping, on which you should affix a copy of the RMA document previously issued, with the return authorisation number clearly visible. Please remember that Codemedia personnel are not authorised to accept returned goods if there is no clearly visible RMA reference. Please do not affix labels or adhesive tape directly onto the original product pack, in any event;
      2. the goods must be returned in a normal state of conservation, as they must have been kept (and possibly used) with reasonable care and diligence: at Codemedia’s discretion, used products that show signs of damage or dirt and which cannot be considered intact, will not be accepted. Codemedia may at its sole discretion determine the extent of the condition of the product and quantify the amount of any refund;

3.the goods must bear the same serial numbers (if any) as those on Codemedia’s sales invoice; otherwise, the return will not be accepted, the product will be made available to the Customer for collection, and the return request will be cancelled at the same time;

  • the shipping costs relating to the return of the goods are payable by the Customer; the shipping costs initially incurred for delivery to the Customer and any other ancillary costs highlighted in the invoice will also not be reimbursed;
  • The delivery of returned goods is under the responsibility of the customer until certified receipt at our warehouse;
  • the Customer bears the risks of loss or damage related to transport until the time the goods are delivered to Codemedia. Should returned goods be damaged during transport, Codemedia will notify the Customer of the event (within 5 working days of receipt of the goods at the warehouse) so that a complaint can be lodged with the Customer’s courier and a refund of the value of the goods (if insured) can be obtained. In such cases the products will be made available to the Customer for return, for a period of 60 days, and the return will be request will be cancelled at the same time;
  • Codemedia declines all liability for any damage, theft or loss of goods returned uninsured.

Codemedia will only issue final authorisation for the return of the goods if, after receiving the returned items, they are found to be unaltered compared to the condition they were in at the time of delivery and they meet all the conditions indicated above.

If the return request is approved, Codemedia will refund the amount paid by the Customer to purchase the returned product, by bank transfer to the account indicated by the Customer.

A return request will be invalidated due to not meeting the essential condition of integrity of the goods (packaging and/or contents) if Codemedia finds that:

        • – the original external packaging and/or internal packaging is missing;
        • – the goods and any consumables have been used (even in part);
        • – any components of the Product (accessories, cables, manuals, components etc.) are missing;;
        • there are irregularities and/or modifications and/or tampering with the product;
        • – the product is dirty and/or there is wear and tear, even minimal.

If the return request is rejected, the goods will remain on the premises of Codemedia, available to the Customer for collection, for a period of 60 days from the date of notification, after which time Codemedia is exempted from all liability in this regard. We do not accept return requests in cases where goods were packaged (made) to the customer’s specifications or were clearly customised

following specific indications of the Customer or were otherwise ordered only for the Customer and/or goods which, by their nature, cannot be returned or are at risk of perishing and/or rapid deterioration.

Article 9 | Product warranty

All the products are covered by the Manufacturer’s Warranty, according to the terms illustrated in the documentation contained in the product packaging.

The purchase of material from Codemedia implies full acceptance of the terms of the warranty provided by the producers of the goods, both in terms of warranty period and management. The Customer is therefore aware that the purchased goods are guaranteed by the manufacturer under the conditions provided by the latter. The Customer therefore accepts, without any reservation, all the terms of the manufacturer’s warranty.

The product warranty will be recognised from the date of issue of the purchase invoice and will remain valid for the full period indicated by the manufacturer.

In any case, the warranty does not include any product that:

  • is subject to a direct warranty from the manufacturer or authorised service centre and which cannot be handled under warranty by Codemedia;
  • was not purchased from or through Codemedia;
  • shows signs of tampering on the label, including the serial and/or part number;
  • is damaged due to incorrect use, attempts to repair and/or modify the product and/or tampering by unauthorised personnel;
  • is damaged due to having been accidentally dropped or knocked during transport.

Article 10 | Data protection

The data protection policy provided in accordance with Article 13 of Italian Legislative Decree No. 196 of 30 June 2003 (the Data Protection Code) must be considered an integral part of this Contract.

For information relating to the processing of personal data provided by the Customer when registering on the Site or when accessing the reserved area of the Site, please refer to the “Privacy Policy” section available on the Site, which is regularly updated.

Article 11 | Responsibilities and obligations of the Customer

    1. – Customer’s responsibilities

The User is required to ensure that the data they provide are true, complete and up-to-date, and must promptly communicate any changes to the data. If

false data are provided, the benefits provided by the services supplied will be lost.

Codemedia reserves the right to delete from its customer lists any persons giving false data, after issuing a formal invitation to correct the data, which is disregarded by the customer.

It is strictly forbidden for the Customer to enter false and/or invented and/or fictitious data during the online registration process; the personal data and

email address must correspond to the Customer’s real personal data and not those of third parties or invented data. The Customer therefore assumes full responsibility for the accuracy and truthfulness of all the data entered on the online registration form during the purchase process.

The Buyer indemnifies the Seller in respect of any liability deriving from the issue of inaccurate invoices due to errors in the details provided by the Buyer, who is solely responsible for the accurate provision of their data.

                 2. – Customer’s obligations

The Customer undertakes to pay the price of the purchased goods according to the terms and methods indicated in these terms and conditions as well as during the purchase procedure.

On completion of the online purchase process, the Customer is asked to print and keep a copy of this contract.

The information contained in this contract has already been read and accepted by the Buyer, who acknowledges this, as this is an obligatory step prior to the purchase confirmation.

Article 12 | Communications, complaints and troubleshooting

Any complaint by the Customer and any communication relating to these Terms and Conditions and, in general, to any Contract made with Codemedia, must be reported to our Customer Services office on the telephone number +39 0721/1626262 between 9.30 am and 6 pm from Monday to Friday or by email to ordini@visionbox.it.

Art 13 | Disclaimer and liability of third parties

Codemedia declines all liability for any late delivery or non-delivery of the goods due to causes of force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or similar events that totally or partially hinder performance of the contract within the agreed timeframe.

Codemedia cannot be held liable towards the Buyer, except in the case of wilful misconduct or gross negligence, for any disruptions or malfunctions relative to use of the Internet that are beyond its own control or that of its sub-suppliers.

Codemedia will not be held liable towards any person or third party for any damage, loss or costs incurred as a result of the non-performance of the contract due to the aforementioned causes.

Codemedia further declines all liability in respect of any loss, damage or costs incurred by the Customer due to non-performance of the Contract for reasons beyond their control, since the Customer is only entitled to a full refund of the price paid and of any additional charges incurred.

Codemedia is not responsible for the conduct of third parties acting as independent operators in the management or processing of payment transactions, delivery of the goods or in any other operation linked to the performance of contracts made through the Site.

In particular, Codemedia declines all liability for any fraudulent and illegal use that may be made by third parties of any credit cards, cheques or other means of payment, at the time of payment for the purchased services, if it can show that it has taken all possible precautions based on the best current practices, experience and due diligence.

Article 14 | Governing law and jurisdiction

These Terms and Conditions of Sale are regulated and must be interpreted in accordance with the laws of Italy. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any dispute relating to the validity, effectiveness, interpretation or execution of these Terms and Conditions or of any other contract made with Codemedia, and in relation to the Customer’s browsing of the Site or the use of any functions made available to the Customer through the Site, the court in the place of Codemedia’s registered office shall have sole jurisdiction.

Article 15 | Changes to the terms and conditions of sale; severability

Codemedia may vary the Site, its policies or these Terms and Conditions of Sale at any time in order to offer new products or services, or to comply with legal or regulatory provisions. The Customer will be subject to the policies and terms of the Terms and Conditions of Sale in force from time to time

at the time of ordering products from the Site, unless any changes to such policies are required by the governing law or competent authorities (in which case they will also apply to the orders previously made by the Customer).

If any provision of these terms and conditions is considered invalid, void or for any reason unenforceable, that condition shall not affect the validity and enforceability of the other provisions.

Any changes and/or additions will take effect from the date of publication on the website store.visionbox.it.