GENERAL TERMS AND CONDITIONS
For the use of www.misterworker.com website
Information about the seller
Viale Berengario, 9
CEO: Gianluca Borsotti
Registered at the Milan Chamber of Commerce, REA MI-1996679
P.IVA e C.F: 08006950961
eSales srl manages an online store through the website www.misterworker.com.
Mister Worker™ Customer Service is available for any information, complaints and disputes.
Online shop on www.misterworker.com website:
Number: 02 8719 7384
Available from Monday to Friday (9 am - 6 pm)
Email: [email protected]
For any aspect relating to the content of the General Conditions of Contracts (as defined in Section 1 below) and its discipline, eSales srl is available, by telephone, for any further clarification or information to the customer. Even if the customer decides not to use the telephone service, all the rights and privileges accorded to the customer are valid by law. In compliance with current legislation, the following specifies the General Conditions of Contract (including any conditions of shipment of the items). As for saving and printing of this document and the ability to view the text of the contract, please refer to Section 2 of the General Conditions of Contract. Sections 6, 7 and 8 of the General Conditions of Contract regulates the right of withdrawal by consumers.
1. Field of application. Definitions
1.1 These General Terms and Conditions shall apply to all orders submitted by customers on the website www.misterworker.com. They govern and constitute an integral and substantial part of all contracts entered into by the customer with eSales srl. As soon as the customer places an order he declares to have taken note and to accept the General Conditions of Contract. These General Terms and Conditions shall prevail over any other general condition of contract whose application is invoked in relation to one or more contracts.
1.2 "Professional (seller)" shall mean eSales srl, a party to the contract who sells goods and services to consumers or professionals;
"Consumer" shall mean any natural person who makes an order for purposes outside his trade, business, craft or profession
"Company/VAT" shall mean any natural or legal person who makes an order in exercise of their trade, business, craft or profession; anyone who indicates its VAT on purchasing the order to eSales srl;
Good shall mean products sold by the Professional
"Customer" shall mean, as applicable, the consumer or the Company/VAT;
"Sale Contract": any contract under which the Professional (eSales) transfers or agrees to transfer the property of goods to the consumer and the consumer pays or undertakes to pay the price, including contracts that have as their object both goods and services.
Distance-selling Contract: any contract concluded between the Professional (eSales) and the Consumer as part of an organized scheme of sale or provision of services, at a distance, without the simultaneous physical presence of the Professional and the consumer, with the exclusive use of one or more means of distance communication, up to the conclusion of the contract, including the conclusion of the contract.
Long-lasting support: any instrument that enables the consumer or Professional to store information addressed personally to them, so that the information remains accessible for future reference for a period of time adequate for the purposes for which they are intended, and which allows the unchanged reproduction of the information stored.
"Business Day" shall mean any day of the week except Saturdays, Sundays and public holidays established by the law;
"Order" shall mean that the client will agree to an irrevocable contract offer, pursuant to art. 1326 and 1329 cod. civ., for the conclusion of the contract pursuant to Art. 1327 cod. civ., related to the articles contained in the "cart", with the price specified therein.
Guarantee: any commitment of a professional or a Producer (the "guarantor"), taken towards the Consumer, in addition to the requirements of law relating to the conformity warranty, to reimburse the price paid or to replace, repair, or otherwise act on the good if it does not meet the specifications, or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time or before the conclusion of the contract.
2. Downloading and Checking the terms and General Conditions of Contract
2.1 The customer can consult these General Terms and Conditions, together with the text of the contract, on the website www.misterworker.com.
The customer can also print or save this document, using the normal functionality of the program ("File" and "Save As").
He can also download the document in PDF format and store it. To view the PDF files, you must use the free Adobe Reader (www.adobe.it) or other equivalent programs compatible with the PDF format.
2.2 In addition, the customer can store the details of the order, either by downloading the General Conditions of Contract and saving the summarizing page, or by storing the order confirmation email, sent by eSales srl after placing an order, to the email address specified by the customer. The e-mail confirmation will contain the order data and a copy of the General Conditions of Contract and can be printed or saved using the functions of your email program.
2.3 The data of each order will be saved by eSales srl on their systems. However, for security reasons, the customer cannot have access to them. Every customer has guaranteed a "User account" with a reserved access by username and password. In this restricted area, using personal credentials, clients can consult their contracts, pending orders and those just forwarded, as well as update and save their contact information, any bank details and/or data relating to the newsletter subscription. Customer undertakes to treat his credentials as confidential and do not make them available to third parties.
3. Agreement conclusion
3.1 By clicking on "Order Confirmation", the client will agree to an irrevocable contract (see Section 1, par. 1.2.).
3.2. eSales, Inc. reserves the right, in its sole discretion, to accept the order. The acceptance is automatic, unless otherwise communicated in any manner to the customer. In this case, the contract is deemed concluded with the delivery of the order by the supplier to the customer.
4. Price and shipping cost
4.1The prices quoted are without VAT.
4.2 eSales srl reserves the right to modify the prices of the items sold on the website www.misterworker.com, provided that the price of the items is the one shown at the time of order.
4.3. For orders with delivery outside the European Unione, prices will be calculated not including VAT, as it is not applicable, but due in the destination country.
Such orders may be subject to local taxes and duties, applicable in the country of destination of the goods, in accordance with the legislation in force in the country of destination. These possible additional charges of any nature whatsoever (taxes, customs fees, duties, administrative costs ...) are considered responsibility of the customer and paid by the customer.
eSales therefore disclaims any responsibility for the calculation and payment of this type of taxes, as it is not possible the preliminary calculation of these charges, which remain the sole responsibility of the customer.
5. Payment and delivery
5.1 At the time of the order confirmation, the customer will pay an amount equal to the sale price. eSales srl reserves the right to deliver the items purchased only after receiving the full price payment. As part of the process of placing an order, eSales srl offers different payment methods, such as, for example, payment by credit card (Visa, MasterCard, American Express ), prepaid card payment (eg "Postepay") and the payment in advance by bank transfer. If the customer buys with Scalapay, he/she will receive the order immediately and pay in 3 installments. The customer hereby acknowledges that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that he/she agrees to such assignment.
5.2 The customer agrees to receive invoices in electronic format only.
5.3 For deliveries, eSales srl will use a carrier of its choice. The delivery method mainly used by eSales is roadway transport.
5.4 The timing of delivery in Italy, which will never exceed 30 working days, can vary from 24 to 96 hours calculated for working days.
The timing of delivery for orders with destination outside of Italy will vary depending on the country of destination and the choice of the carrier by the customer when ordering. Also in this case they will never exceed 30 working days.
The above delivery times refer to the products in stock at the time of order. In case of unavailability of products, an immediate communication will be provided via e-mail.
In case of payment by bank transfer, these delivery times are calculated from the full payment of the order or the customer's payment to the bank account of eSales.
5.5 The customer may purchase the products listed in the electronic catalogue (on the website www.misterworker.com) of the quantities in stock. If an order exceeds the amount present in the warehouse, or if the product appears as available although it is not (due to website updating problems), eSales will communicate to the customer if the product will be available in the future, leaving to the customer the choice to:
(a) exercise the right of withdrawal, to obtain a full refund of the order;
(b) confirm the order with the availability communicated, resulting in the partial refund for the items that are not available;
(c) wait for the availability of goods;
In all cases of reimbursement, the refund will be done within 14 days from the notification of the customers choice in this regard, and through the instrument of payment used by the customer (credit card, bank transfer ...).
5.6 eSales srl shall not be liable for any failure or delay in the event that: (a) despite having paid the regular and timely purchase of items to cover the order received, it has not been supplied with the terms and conditions agreed with the supplier; (b) eSales is not able to make up for the lack of availability of such items; and (c) eSales has immediately communicated to the customer the unavailability of the article, informing him of the right of withdrawal pursuant to Section 6. In case of unavailability of an article, eSales srl will reimburse the customer for any advanced payment of the price with the terms of paragraph 5.5.
5.7 eSales srl shall not be liable for any failure or delay in delivery due to force majeure, including but not limited to, strikes, Public Authority decisions, rationing or shortage of energy or raw materials, transportation difficulties, fire, flood, flooding and damage to industrial machinery not dependent on eSales srl. eSales srl will promptly disclose to the client the occurrence and the absence of a force majeure. If the force majeure persists for a period in excess of four (4) weeks, both parties shall be entitled to terminate the contract. In case of withdrawal pursuant to this Section 5, the customer will not be entitled to any compensation or reimbursement of any kind, except the right to a refund of any amounts already paid.
5.8 In case of purchase made by a Consumer, the risk of fortuitous deterioration is in charge of eSales srl until the consumer, or another person specified by the latter, receives the item, regardless of the fact that the shipment is assured or not. In case of a purchase made by a Company who register providing a VAT number, the risk of fortuitous deterioration passes in charge of the customer as soon as the courier picks up the parcel to be sent.
5.9 The item purchased by the customer shall remain of eSales exclusive property until the customer has not paid its full price. Any dispute about the integrity or completeness of the shipment must be reported to the carrier upon delivery. We advise you to check the integrity of packages and their correspondence to the consignment note before accepting the delivery from the courier. Once you accept the shipment it is not possible to challenge the integrity of the received goods or theft.
5.10 The item purchased by the customer shall remain the exclusive property of eSales srl until the customer has paid the full price of the item.
5.11 The risk is transferred to the consumer at the time of delivery of the goods to the carrier if the consumer chose the carrier and that choice was not given by the practitioner; the rights of the consumer against the carrier remain intacts.
6. Right of withdraw
6.1 In compliance with the information duties pursuant to art. 52 of the D. Decree n.21, February 21st 2014, implementing Directive 2011/83/EU on Consumer Rights, the following are the terms and conditions governing the right of withdrawal in favor of the consumer.
6.2 Customers who purchase using a VAT number cannot exercise the right of withdrawal, as the purchase of the product is included in the professional activity, and the rules on withdrawal apply only to consumers.
It is not possible to exercise the right of withdrawal for orders that result from a customized quotation.
6.3 See the instructions below to be informed about the consumers rights of withdrawal and the consequences of the withdrawal itself.
6.4 The Consumer has the right to withdraw.
The right of withdrawal must be exercised within fourteen (14) working days, without giving any reason and without incurring any costs other than those mentioned by section 8
6.5 The withdrawal period referred to in the preceding paragraph shall take effect, in the case of contracts of sale, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
a) in the case of multiple goods ordered by the consumer through one order and delivered separately, the day on which the consumer or a third party other than the consumer and indicated by the consumer acquires physical possession of the last good;
b) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the consumer and indicated by the consumer acquires physical possession of the last lot or piece;
7. Exercise of the right of withdrawal
7.1 Prior to the expiration of the period of withdrawal, the consumer shall inform the professional of his decision to exercise the right of withdrawal from the contract. To this end, the consumer can make an unequivocal statement of its decision to withdraw from the contract, or print and fill the return module document that can be downloaded here.
The notice of the exercise of withdrawal must be addressed to:
Viale Berengario, 9
Tel: 02 8719 7384 - Mon./Fri. - 9.30-18.00
E-mail: [email protected]
7.2 The consumer has exercised the right to withdrawal within the cancellation period referred to in Section 6, paragraph 6.4. if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiration of the withdrawal period.
7.3 The burden of proof of exercising the right of withdrawal in accordance with this section rests on the consumer
7.4 The professional (eSales) will reimburse all payments received from the consumer with the exception of the costs of delivery, without undue delay and in any event within 14 days from the date on which the consumer informs the professional of the decision to terminate the contract.
7.5 The professional will complete the refund using the same payment method used for the initial transaction by the consumer, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur in any fee as a result of the repayment. eSales will not be required to reimburse the additional costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of delivery offered.
7.6 Unless eSales has offered to collect the goods itself, it may withhold the reimbursement until it has received the goods, or the consumer has supplied evidence of having sent back the goods, whichever situation occurs first.
8. Obligations of the consumer in case of withdrawal
8.1 Unless eSales has offered to collect the goods itself, the consumer returns the goods or hand them over to the professional or a third party authorized by the professional, without undue delay and, in any event, within 14 days from the date on which he communicated the professional his decision to withdraw from the contract, in accordance with paragraph 6.
The deadline is respected if the consumer sends back the goods before the expiry of the period of 14 days. The consumer shall only bear the direct cost of returning the goods.
8.2 The consumer is solely responsible for the diminished value of the property resulting from the handling of property other than that necessary to establish the nature, characteristics and functioning of the goods.
8.3 The costs and risks associated with returning the item are borne entirely by the customer.
8.4 The items must be returned:
- In their entirety: the right of withdrawal does not apply partial order (eg: accessories, detachable parts, etc ...);
- Properly packed in their original packaging, in perfect condition for resale (not ruined, damaged or soiled) and fitted with all their accessories, if any, using instructions and documentation. We recommend, when possible, to put it in another box, to limit damages to the original package. The attachment of labels or tape directly on the original product packaging must be avoided.
- Equipped with the transport document (present in the original packaging), so as to enable eSales srl. to identify the customer (order number, name and address);
- Without evident signs of use, except those compatible with the operation of a normal test article. They must not bear trace of a prolonged use in excess of the time required for a test (less than a few minutes) and should not be in a state that does not allow the resale. Consequently, there will not be accepted products used that indicate signs of damage or dirt and therefore can no longer be considered resalable.
Articles must be returned to:
eSales c/o One Service Logistica e Trasporti S.r.l.
Via Quasimodo 44,
20025 Legnano (MI)
9. Warranty and complaints management
9.1 The rules of law relating to warranty are applied to the purchases made by the customer.
9.2 The customer can contact eSales srl at any time in the manner indicated on these General Conditions of Contract. eSales srl will examine the requests received as soon as possible and will contact the customer. If a request for information or a complaint has the guarantee of an article as the object, eSales will firstly contact the manufacturer. For this reason, eSales srl might need more time to contact the customer. In case of complaint, eSales srl urges the customer to describe in as much detail as possible the nature of the problem and recommends to transmit a copy of the documents indicating the order number, customer number, and any other data useful for the correct identification of the claim. If the customer does not receive any answer within five (5) working days, eSales invites him to invoke a response. We also suggest verifying the e-mails will not be re-routed or blocked by any 'spam filters' or by other technical problems of the personal e-mail recipient.
9.3 For any service request, eSales srl suggests you to contact the customer service as follows:
Viale Berengario, 9
Tel: +39 02 8719 7384
Available from Monday to Friday (9.30 am- 18 pm)
Email: [email protected]
9.4 eSales srl undertakes to remedy any defects in the products due to itself, occurring within twelve months from delivery, provided that they have been timely notified:
- any complaints relating to packing, quantity or appearance of products (or other apparent defects) must be notified to eSales srl (by writing), under penalty of forfeiture, within 8 (eight) days from the date of receipt of the products;
- any claims relating to defects which can not be detected by a careful inspection upon receipt of the (hidden defects) must be notified to eSales srl, under penalty of cancellation within 15 (fifteen) days from the date of discovery of the defect, and not later than twelve months from the delivery. The complaint must specify precisely the defect and the products to which it relates;
- in case of delivery of products not conforming to the orderly, the customer must notify eSales srl within 15 (fifteen) days from date of receipt to agree on the return.
The customer cannot return goods for any reason whatsoever, without the prior written consent of eSales srl.
The foregoing warranty does not apply to products that have normal use, signs of tampering or misuse.
The shipping costs of the products that have to be replaced or repaired and the ones for the replaced or repaired products shall be entirely customer's responsibility.
In the situations previously described, eSales srl will replace or repair at its own expenses the defective product.
10. Data Protection
11. Governing Law and Jurisdiction
11.1 These General Conditions of Contract and the individual contracts with customers are subject to and governed by Italian law.
11.2 For any legal dispute arising from the application, interpretation and / or execution of this contract, the Court of Milan shall have exclusive jurisdiction, except for disputes with consumers residing within the Member States of the European Union, for which the territorial jurisdiction is of the courts of the place of residence or domicile of the consumer.
12. Modification of the General Conditions of Contract
eSales srl will inform the customer about changes to the General Conditions of Contracts provisions. The changes on General Conditions of Contract will become an integral part of the new contracts from the first order following the receipt of the notification of change.
If any present or future provision of the General Terms and Conditions is or becomes invalid or ineffective or there is a gap in the provisions of the General Conditions of Contract, the remaining provisions of the General Conditions of Contract will in any case remain valid and effective. eSales srl and the customer will collaborate to commit to negotiate in good faith the integration of the gap or the replacing of the invalid or ineffective provision with the aim to preserve the substance economic contract.
Pursuant to and for the purposes of the articles 1341 and 1342 of the Italian Civil Code, as far as may be, the customer, with the dispatch of the order, declares to approve the provisions of the following Sections of these General Conditions of Contract: 3. (Conclusion of the contract) 5. (Payment and delivery), 11. (Governing Law and Jurisdiction) and 12. (Change of the General Conditions of Contract).