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General Conditions of Sale

The following General Conditions of Sale regulate the offer and sale of products on this website www.am-ai.com (the “Site”).

The products purchased on the Site are offered and sold by AM.AI Srl with registered office in Bologna (BO) via del Fonditore, 12 registered in the Bologna Companies Register under no. BO-584690 CF/P.IVA 04318661206, PEC: amai@legalmail.it (hereinafter also “the Seller”)


1. Scope of application

1.1 The sale of products via the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, which contains the rules on electronic commerce.

1.2 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be effective from the moment they are published on the Site. For this reason, users are invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.3 These general conditions of sale (hereinafter, "General Conditions") govern all sales of products displayed on the website www.AM-AI.com (hereinafter, "Product" or "Products") concluded remotely on the website www.AM-AI.com (hereinafter, the "Site") also through the coordinated and connected payment system (Shopify: reachable at the address https://www.shopify.com/it/legal/terms-payments/it ) to which reference is made for further information on the management of your personal data.


2. Purchases on the Site

2.1 Access to sales made through the Site is reserved exclusively for users who

- have reached the age of 18;

- have the status of consumers, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity they may carry out.

2.2 The Seller reserves the right to refuse or cancel orders coming from:

i. a user with whom it has an ongoing legal dispute concerning the user's breach of contract;

ii. a user who has previously violated the conditions and/or terms of the purchase contract with the Seller

iii. a user who has been involved in fraud of any kind and in particular in fraud relating to credit card payments;

iv. users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent the Seller the information and/or documents requested by the latter.


3. Registration on the Site

3.1 The purchase of Products on the Site is permitted to both registered and unregistered users. Registration on the Site is free. To register on the Site, users must complete the registration form, which can be accessed from the "Login" section on any page of the Site.

3.2 Registration credentials must be used exclusively by the user and may not be disclosed to third parties. The user undertakes to keep them confidential and to ensure that no one has access to them, as well as to promptly inform the Seller, by contacting them as indicated in Article 14, in the event of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during the Site registration process is complete and truthful. The user agrees to indemnify the Seller from any damages, compensation obligations, and/or penalties arising from and/or in any way connected to the user's violation of the rules regarding Site registration or the storage of registration credentials.


4. Information aimed at concluding the contract

4.1 In accordance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, informs the user that:

-to conclude the purchase contract for one or more Products on the Site, the user must complete an electronic order form and send it to AM.AI Srl electronically, following the instructions that will appear from time to time on the Site and which will accompany the various phases of the purchase;

-the contract is concluded when the order form reaches the AM.AI Srl server;

- Once the order form has been submitted and payment authorization for the total amount due has been confirmed, AM.AI Srl will send the user an order confirmation via email to the address provided. This email will contain a summary of the General Terms and Conditions of Sale and the specific terms and conditions applicable to the contract, information regarding the characteristics of the purchased Product, a detailed listing of the price, payment method used, delivery and billing information, delivery costs, and any additional charges, as well as the Customer Service contact information, which the user can contact for assistance and/or complaints. It is recommended that the email received be retained as proof of purchase.


5. Validity of offers and prices

5.1 All Product prices are expressed in Euros (€) and include Value Added Tax (VAT). Any additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated on the order form before the user submits the order, as well as in the order confirmation email.

5.2 AM.AI Srl may change the price of the Products at any time, without notice. The price charged to the user will be the one published on the information sheet illustrating the main features of the Product (Product Sheet) at the time the order is placed. Any price changes (increases or decreases) subsequent to the order being placed will not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Crossed Out Price), from which the discount applied by AM.AI Srl is calculated, corresponds to the list price published on the Site.


6. Purchase Orders - Product Information

6.1 AM.AI Srl will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of authorization for payment of the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated on the order form (Total Amount Due). If the Total Amount Due is not paid or successful payment is not confirmed, the purchase contract will be deemed automatically terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The user will be notified of such termination and the consequent cancellation of the order immediately after placing the order, via the Website.

6.2 The Products will remain the property of AM.AI Srl until the user has paid the full amount due. The risk of loss or damage to the Products, for reasons not attributable to AM.AI Srl, will instead pass to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the Product characteristics as faithfully as possible. Product colors, however, may differ from actual colors due to the settings of the computer systems or devices used by users to view them. Furthermore, the Product images on the Product Sheet may differ in size or in relation to any accessory products. These images should therefore be considered indicative and subject to customary tolerances. For the purposes of the purchase contract, the Product description contained in the order form sent to the user will be authoritative.


7. Product Availability

7.1 The availability of the Products offered on the Site is purely indicative. It may therefore happen, also due to the possibility of multiple users purchasing the same Product at the same time, that the ordered Product is no longer available after the purchase order has been submitted.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by email. The user will therefore be entitled to immediately terminate the contract. If the user exercises the right of termination pursuant to Article 61, paragraphs IV and V, of the Consumer Code, AM.AI Srl will refund the amount without undue delay and, in any case, within a maximum of 15 working days from the order date. The refund amount will be communicated to the user by email. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit date.

7.3 In the case of orders involving multiple Products (Multiple Orders), if the unavailability concerns only some of the Products in the Multiple Order – without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of Article 7.2 above, if the unavailability concerns all the Products in the order – AM.AI Srl will immediately notify the user by email. The user will therefore be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination pursuant to Article 61, paragraphs IV and V, of the Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the Total Amount Due has already been paid, AM.AI Srl, without prejudice to the user's right to compensation for damages, will refund the amount due for such Product(s) without undue delay and, in any case, within a maximum of 15 working days from the order placement. The refund amount will be communicated to the user via email. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit.


8. Delivery of purchased Products

8.1 Deliveries of purchased Products are made via Express service to all countries listed on the Site in the Customer Service section under Shipping and Delivery. Any delivery restrictions will be indicated on the Site from time to time.

8.2 Shipping is free. If a specific delivery date is not specified, delivery will in any case take place within thirty days from the date of conclusion of the contract.

8.3 The delivery obligation is fulfilled by transferring physical possession or control of the Products to the user. It is the user's responsibility to verify the condition of the Product delivered/collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to AM.AI Srl, is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Product, the user is advised to verify the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials. In their own interest, the user is invited to indicate any anomalies on the carrier's transport document, accepting the package with reservations. Unconditional receipt of the Products does not entitle the user to take legal action against the courier in the event of loss or damage to the Products, except in cases where the loss or damage is due to the courier's willful misconduct or gross negligence, and except for partial loss or damage that was not detectable at the time of delivery, provided that, in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the provisions regarding the right of withdrawal and the legal guarantee of conformity remain in effect. The courier will make two delivery attempts, after which the Products will be returned to AM.AI Srl, which will refund the customer. Upon delivery, nothing is owed to the courier . .

8.4 The provisions of Article 61 of the Consumer Code apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.


9. Payment Methods

9.1 Payment for the Products can be made by credit card on authorized platforms and via PayPal. If one of these payment methods/solutions is not available for a specific Product, this will be clearly indicated on the Site, no later than at the beginning of the purchase process.

9.2 Upon request to be made at the time of ordering, the user may request a commercial invoice via email at customerservice@am-ai.com . The invoice will be issued based on the information provided by the user, which the user declares and guarantees to be true. The user undertakes to indemnify and hold AM.AI Srl harmless from any damages, including sanctions issued by the competent authorities, that may arise from the information not being true.

9.3 Payment by credit or debit card

9.3.1 Payment for the Products can be made by credit or debit card (VISA, Mastercard, and American Express) directly through the Site. The charge will be made only after (i) the credit card details used by the user for payment have been verified and (ii) the credit card company used by the user has authorized the charge. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that they may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion, the user must be registered on the Site at the time of the purchase) and simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to complete the purchase on the Site.

9.3.2 In order to ensure the security of payments made on the Site and prevent fraud, AM.AI Srl reserves the right to ask the user, via email, to send a copy of the front and back of their identity card and, if the order is for a different person than the cardholder, the cardholder's identity card. The document must be valid. The request email will specify the deadline by which the document must be received. This deadline will, in any case, not exceed 5 business days from receipt of the user's request. The order will be suspended pending the requested document. The user is required to send the requested documents within the specified deadline.

9.3.3 If the Seller does not receive such documents within the timeframe specified in the request email, or receives expired or invalid documents, the contract will be automatically terminated pursuant to art. 1456 of the Italian Civil Code, and the order will be cancelled. AM.AI Srl reserves the right to seek compensation for any damages it may have incurred as a result of the user's non-compliant behavior. Termination of the contract, of which the user will be notified via email no later than 5 business days after the deadline for sending the requested documents, will result in cancellation of the order, with subsequent refund of the Total Amount Due.

9.3.4 If the Seller receives valid documentation within the timeframe indicated in the email referred to in Article 9.3.2 above, the delivery terms will run from the date of receipt of the same.

9.3.5 Confidential credit card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by AM.AI Srl. AM.AI Srl therefore never has access to or stores the credit card data used by the user to pay for the Products, except, limited to the data relating to the cardholder, the case provided for in Articles 9.3.2 and 9.3.3.

9.4 Payment via PayPal payment solution.

9.4.1 Payment for Products purchased on the Site can be made using PayPal. If the user chooses PayPal as their payment method, they will be redirected to www.paypal.it where they will pay for the Products according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to access, nor does it store, in any way, the credit card details linked to the user's PayPal account or the details of any other payment instrument connected to that account.

9.4.2 For payments via PayPal, the Total Amount Due will be charged to the user by PayPal upon completion of the contract via the Site. In the event of termination of the purchase contract or in any other case of refund, for any reason, the refund amount due to the user will be credited to the user's PayPal account. The time it takes for the payment method associated with that account to be credited depends exclusively on PayPal and the banking system. Once the credit order has been placed to that account, AM.AI Srl cannot be held responsible for any delays or omissions in crediting the user with the refund amount. To dispute such delays, the user must contact PayPal directly.


10. Right of Withdrawal

10.1 The user who is a consumer has the right to withdraw from the purchase contract, without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period) from delivery. The Withdrawal Period expires after 14 days: a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product; b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product.

10.2. To exercise the right of withdrawal, the user must inform the Seller of his decision to withdraw, before the expiry of the Withdrawal Period by completing the form available in the Customer Care section under Contacts or by email to customercare@am-ai.com , an explicit declaration of his decision to withdraw from the contract, indicating the order number, the Product(s) for which he intends to exercise the right of withdrawal and his address ("Withdrawal Declaration").

10.3 To return the Product, the user, after exercising the right of withdrawal according to the methods indicated in this article, will be contacted by the Seller's Customer Service who will provide instructions for returning the Product. The costs of returning the Product(s) are the responsibility of the user. Returning the Product to the Seller is the user's responsibility, and the user must return it appropriately packaged and protected in its original packaging; the product is considered returned when it is handed over to the carrier. If the user used a discount code (see section 11 below) to purchase the Product for which they exercised the right of withdrawal, the refund will be made only for the amount actually spent by the user, and not for the value of the discount code.

10.4 If the user withdraws from the contract, the Seller will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which it was informed of the user's decision to withdraw from the contract. Pursuant to art. 56 of the Consumer Code, the Seller reserves the right to withhold the refund until it has received the Product(s) or until the user has demonstrated that they have returned the Product(s). The refund will be made using the same payment method used by the user for the initial transaction; in any case, the user will not incur any fees as a result of such refund.
The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the user on the Site, before the conclusion of the contract, via a specific link and via the " Return " item, present in the footer.

10.6 The user is solely responsible for any diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must, in any case, be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories and instruction leaflets, with identification tags and labels still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt.

10.7 If the right of withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle the user to any refund. The Seller will notify the user within 5 working days of receiving the Product, rejecting the withdrawal request. If the Product has already been received by the Seller, it will remain available for collection at the user's expense and under their own responsibility.

10.8 In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the order submission. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:
(i) products made to measure or clearly personalized (for example purchased in accordance with the methods set out in point 5.4);
(ii) sealed products which are not suitable for return for hygiene or health protection reasons, which have been opened after delivery.


11. Discount codes

11.1 On the Site, where applicable, it will also be possible to purchase using discount codes issued by AM.AI Srl. If the value of the discount code is lower than the order value, the remaining amount can be paid using the other payment methods available on the Site.

11.2 Discount codes cannot be combined for a single purchase. Discount codes cannot be used to purchase products already on sale. Discount codes cannot be used for payments lower than their value. Each discount code can only be used for a single purchase. Under no circumstances will discount codes give the right to change for purchases of lower amounts.

11.3 Any products for which discount codes cannot be used will be duly indicated on the Site. In the event of cancellation for any reason of an order for which a discount code was used, the relevant amount will be credited back to the customer's personal account.

11.4 Under no circumstances can discount vouchers be converted into cash.


12. Legal Guarantee of Conformity

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee).


TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out. Those who have purchased on the Site and who are not consumers will be covered by the guarantees for defects in the item sold, the guarantee for lack of promised and essential qualities, and the other guarantees provided for by the Civil Code, with their related terms, forfeitures, and limitations.


WHEN TO APPLY

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such delivery.
Delivery. The lack of conformity must be reported to the seller, using the contact details indicated in Article 14. Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within one year of delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the thirteenth month following delivery of the Product, the burden of proof will be on the consumer to prove that the lack of conformity already existed at the time of delivery. To benefit from the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to retain the purchase invoice that AM.AI. Srl sends them, as well as the Transport Document (DDT) or any other document that can certify the date of purchase (for example, a credit card statement) and the date of delivery.


WHAT IS A DEFECT OF CONFORMITY?

A lack of conformity exists when the purchased good: - is not suitable for the use for which goods of the same type are normally used; - does not conform to the description given by the seller and does not possess the qualities of the good the seller has presented to the consumer as a sample or model; - does not display the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or on the labeling; - is not suitable for the particular use intended by the consumer and which was made known to the seller by the consumer at the time of conclusion of the contract and which the seller has accepted. Therefore, any faults or malfunctions or other defects caused by accidental events or the user's responsibility or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation accompanying the Product, if applicable, or in the instructions for use relating to the same are excluded from the scope of the Legal Guarantee.


REMEDIES AVAILABLE TO THE USER

In the event of a lack of conformity duly reported within the timeframe, the user has the right: - primarily, to a free replacement of the goods, unless the requested remedy is objectively impossible or excessively costly compared to the other remedy and, therefore, in the specific case, given the type of sale, to a replacement, where this is possible in relation to the number of units still available for sale; - secondarily (i.e., in the event that the replacement is impossible or excessively costly or the replacement was not completed within a reasonable timeframe or the previously performed replacement caused significant inconvenience to the consumer) to termination of the contract. The requested remedy is excessively costly if it imposes unreasonable costs on the seller compared to alternative remedies that can be pursued, taking into account (i) the value the goods would have if the lack of conformity did not exist; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy could be pursued without significant inconvenience to the consumer.


WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY

In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, shows what could be a lack of conformity, the user
You must contact Customer Service using the contact details and methods indicated in Article 14. AM.AI Srl will promptly respond to notification of the alleged lack of conformity and will indicate to the user the specific procedure to follow, including to arrange the shipping methods for the goods, taking into account the product category to which the Product belongs and/or the reported defect.


REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE

In the event of termination of the contract, AM.AI Srl will refund the user the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional costs. In the event of a price reduction, AM.AI Srl will refund the amount of the reduction, previously agreed upon with the user. Alternatively, the user, where possible, may choose to receive a voucher, spendable on the Site, of a value equivalent to the amount of the refund or, respectively, the reduction to which they are entitled. The amount of the refund or reduction will be communicated to the user via email and credited to the payment method or solution used by the user for the purchase. AM.AI Srl is not responsible for damages of any kind resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, nor for damages resulting from unforeseeable circumstances or force majeure.


13. Applicable law and competent court; alternative dispute resolution/online dispute resolution

13.1 Contracts concluded between users of the Site and AM.AI Srl are governed by Italian law. This does not affect the application of any more favorable and mandatory provisions of the law of the country in which they habitually reside to consumer users who do not have their habitual residence in Italy, particularly with regard to the deadline for exercising the right of withdrawal, the deadline for returning Products, if this right is exercised, the methods and formalities for communicating this right, and the legal guarantee of conformity.

13.2 Please remember that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.

13.3 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), AM.AI Srl informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that, in the event that they have submitted a complaint directly to AM.AI Srl, following which it has not been possible to resolve the dispute thus arising, AM.AI Srl will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to avail itself of such bodies to resolve the dispute. AM.AI Srl also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code. 3, paragraph 1, letter a) of the Consumer Code, a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address:
http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR entities, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved. In any case, the consumer user retains the right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court dispute resolution procedure for consumer relations through the procedures set forth in Part V, Title II-bis of the Consumer Code.

13.4 Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, the European procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for small claims disputes, provided that the value of the dispute, excluding interest, fees, and expenses, does not exceed €5,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.


14. Customer service and complaints

14.1 You can request information, send communications, request assistance, or submit complaints by contacting Customer Service in the following ways: - by post, writing to Customer Service: AM.AI Srl – Via del Fonditore, 12 40138 Bologna; - by filling out the form on the “ Contacts ” page.

14.2 AM.AI. Srl will respond to complaints submitted within two working days of receiving them.