General conditions for the purchase of products on Cricket Shop Europe, Cricket Shop Europe invites each user to carefully read these general conditions of sale (“General Conditions”) of the products via the Site (as defined below) www.cricketshop.eu, before completing any purchase and, once such purchase has been concluded operation, to print them or save a copy in digital format.
1) Ownership of the Site – Applicable Regulations – Discipline for purchases through the Site.
1.1. Without prejudice to the applicability, to the extent not regulated and/or derogated herein, of Legislative Decree no. 6 September 2006. 205 regarding distance selling to consumers and Legislative Decree 9 April 2003 n. 70 in matters of electronic commerce, the General Conditions regulate the remote purchase of products and services promoted on the website www.cricketshop.eu (“Site”; the products promoted from time to time on the Site “Products”), of which Cricket Shop Europe | Cricket Shop Italy via maschere bergamasche 20a,Martinengo , ITALY a company registered in Italy Company Registration Number 3071770 is the owner, by the user of the Site (“Customer”).
1.2. The Products sold by Cricket Shop Europe, through its Website consist of, by way of example and without limitation, computers, accessories and IT material. All the Products made available to Customers are illustrated on the homepage of the Site and/or within the various web pages of the same and of the Shop.
1.3. The terms and methods for the purchase of Products offered by Cricket Shop Europe, through the Site are contained in these General Conditions, integrated, where the characteristics of the Product offered make it necessary, by specific provisions and technical instructions indicated from time to time on the Site itself or by specific agreements reached between the Customer and Cricket Shop Europe (“Special Conditions”). In case of conflict between the General Conditions and the Special Conditions, the latter will prevail. In any case, the General Conditions and the Special Conditions, where present, constitute an integral part of the purchase and sale contract of the Products concluded between the Customer and Cricket Shop Europe.
1.4. The product offering of Cricket Shop Europe is aimed at consumer customers.
1.5. Cricket Shop Europe, may modify, without notice, the General Conditions. Such changes will be effective from the day of their publication on the Site: however, the General Conditions in force at the time of conclusion of the sales contract will be applied to purchase orders submitted before the publication of the aforementioned changes.
2) Purchase procedure – Conclusion of the Sales Contract
2.1. The visual representation of the Products on the Site, where available, corresponds to the photographic reproduction of the same and has the purpose of presenting them for sale, without this implying any explicit or implicit guarantee or commitment of Cricket Shop Europe regarding the exact correspondence of the image depicted on the Site with the Product, with particular reference – in relation to the Products – to the chromatic aspects of the covers and/or packaging.
2.2. The publication of Products on the Site constitutes an invitation to users to formulate Cricket Shop Europe a purchase proposal.
2.3. If a specific Product is presented on the Site in an area other than those intended for purchase operations or, in any case, it is not possible to select the “Add to Cart” icon, it must be considered as available for sale for which it will be possible directly contact Cricket Shop Europe via the appropriate form.
2.4. Each order sent by the Customer to Cricket Shop Europe has the value of a contractual proposal and can be formulated by completing the appropriate online form, complete with all the data requested therein and marked as mandatory (“Order”).
2.5. If the Customer fails to fill in any of the fields of the Order marked as mandatory, the system will not allow the sending of the Order itself: only upon completion of the exact compilation of the Order with all the required data, the Customer will be authorized to sending the Order.
2.6. In any case, the Customer undertakes to communicate correct, updated and truthful data relating to personal details, personal contact details and in general to other information useful for processing the order.
2.7. Once the Order form has been filled out, by clicking on the “Add to Cart” icon, the Customer will be asked to read and accept the General Conditions and any Special Conditions: in the absence of such reading and acceptance, the Order cannot be forwarded to Cricket Shop Europe Upon completion of this acceptance operation, the Order will automatically be forwarded to Cricket Shop Europe.
2.8. Once the Order has been received, Cricket Shop Europe will automatically send the Customer, to the email address indicated by the same in the Order (hereinafter “Email Address”), an email confirming receipt of the Order itself (hereinafter ” Confirmation of Receipt”), containing the details of the Order, all the data relating to the purchase, any Special Conditions applied to the specific Order, the summary of the Products requested and the related costs, a summary of the personal data, the Customer’s contact details , the address indicated by the Customer as the place of delivery of the ordered Product (hereinafter “Delivery Place”), as well as the links through which the Customer can check the status of the Order. The Customer undertakes to verify the correctness of the data contained in the Order and summarized in the Confirmation of Receipt and to promptly communicate to Cricket Shop Europe any changes that may need to be made to the aforementioned data.
2.9. It is understood that the Confirmation of Receipt does not constitute acceptance of the contractual proposal formulated by the Customer with the Order, but simply a confirmation of receipt of the Order by the system. 2.10. Cricket Shop Europe has the right not to accept the Orders received, without the Customer being able to advance rights or claims against Cricket Shop Europe in any capacity. In the event of non-acceptance of the Order by Cricket Shop Europe, the latter will promptly return to the Customer any amount already paid by the latter for the purpose of processing the Order itself. For the purposes referred to in this art.
2.10, it is in any case understood that in the event that the Customer, when placing the Order, had chosen cash on delivery as the payment method, no refund will be due by Cricket Shop Europe to the Customer.
2.11. The sales contract will be considered concluded (i) at the moment of acceptance of the Order by Cricket Shop Europe sent to the email address indicated by the Customer in the same Order or (ii) tacitly, if 48 hours have passed from receipt of the Order by Cricket Shop Europe as resulting from the Confirmation of Receipt, in the event that the same Cricket Shop Europe does not send to the Customer, to the e-mail address indicated by the same in the Order, communication of non-acceptance of the Order (hereinafter “Sales Contract”).
2.12. Once acceptance of the Order has been received by Cricket Shop Europe or once 48 hours have elapsed from receipt of the Order by Cricket Shop Europe without the latter having communicated non-acceptance of the same, the same will proceed to the operations necessary for the shipment of the Products selected by the Customer: specific communication of said shipment will be given to the Customer by email sent to the email address communicated by the Customer with the Order.
2.13. The purchase of the Products is reserved for persons of legal age or who in any case have the capacity to act: furthermore, the purchase may be made by a minor as long as it is carried out or otherwise authorized by the person exercising parental authority. Cricket Shop Europe declines all responsibility in the event that incompetent subjects act in violation of this rule.
2.14. The status of each Order can be viewed by the Customer on the Site in the “My Orders” section, which the Customer can access through the links present in the acceptance email from Cricket Shop Europe or in any case by clicking on the appropriate icon at the bottom of each web page of the Site, by entering the authentication credentials chosen at the time of the Order.
2.15. Each Sales Contract will be archived by Cricket Shop Europe through an electronic system and can be viewed, where necessary, both by Cricket Shop Europe staff and by any third parties used by it for the execution of the Sales Contract.
3) Price of the Products
3.1. The prices of the Products published on the homepage or in the different sections of the Site dedicated to each individual Product include VAT. and do not include any taxes and/or duties.
3.2. The total price of the Order will include, in addition to the amounts referred to in the previous art. 3.1., also the shipping cost.
3.4. The total amount due for the selected Products will be clearly indicated and communicated to the Customer, before the conclusion of the Order formulation process, and, therefore, before the completion of the Sales Contract.
4) Payment methods
4.1. Payments in execution of the Sales Contracts can be made online via Paypal (and the main credit cards of the PayPal circuit), via bank transfer, via Amazon Pay or Cash on Delivery.
4.2. Cricket Shop Europe reserves the right to authorize the use of further payment methods upon specific request of the Customer: it is understood that, as an exception to the provisions of these General Conditions, the authorization granted by Cricket Shop Europe to the Customer to use a different payment method will constitute a Special Condition applicable exclusively to the payment of the purchase referred to in the Order to which this concession refers.
4.3. When placing the Order, the Customer is required to expressly indicate the chosen payment method.
4.4 Cricket Shop Europe reserves the right to verify, at any time, the ownership of the payment instrument used or the possession of the requirements to purchase the Products from the Site (see for example the provisions of the previous Condition 2.13): this, by requesting to the Customer by sending additional information and/or documents. If the Customer does not comply with the requests of Cricket Shop Europe, the latter will have the right not to accept the Order, or to withdraw from the Sales Contract already completed, promptly notifying the Customer via the Email Address.
4.5. Payment through Paypal will take place by redirecting to the Paypal.com website, where the procedures for transferring the sums due to Cricket Shop Europe can be completed. The Customer’s financial data will be managed directly by Paypal and will not be shared with Cricket Shop Europe.
4.6. Payment through Amazon Pay will take place by redirecting to the Amazon.com website, where the procedures for transferring the sums due to Cricket Shop Europe can be completed. The Customer’s financial data will be managed directly by Amazon and will not be shared with Cricket Shop Europe.
4.7. Payment for the Products by cash on delivery is permitted. The customer will pay the courier in cash at the time of delivery.
4.8. In the event that the Customer opts for the payment method by bank transfer to the current account held in the name of: Cricket Shop Europe IBAN: IT83B0200852900000106133138 unless otherwise agreed in writing between the parties, the Order will be processed by Cricket Shop Europe only following the crediting of the total amount of the Order to the Current Account.
4.9. In case of non-payment – for any reason – of the price indicated in the Sales Contract, Cricket Shop Europe reserves the right to terminate the Sales Contracts in place with the Customer due to non-compliance by the Customer, with immediate effect, as well as to block the purchase functions attributed to the Customer by giving immediate written notice to the Customer, without prejudice to the rights of Cricket Shop Europe to request compensation for any further damage suffered.
5) Product delivery times
For each order received Cricket Shop Europe issues a tax receipt (equal to a receipt) or invoice for the material shipped. For the issuing of the tax document, the information provided by the Customer at the time of the order is valid. After issuing the document itself, no changes will be possible.
5.1. Our packages travel safely and are sent to logistics for preparation within 24/48 hours of payment (Saturdays and Sundays excluded) and are delivered on average within 48/72 hours (from 1 to 5 working days based on the type of product purchased) . Logistics will complete the complete preparation of the packaging and shipping to the registered address. For islands and some logistically disadvantaged areas, delivery times may be subject to slight delays.ar_arrow.gif1. Delivery by express courier Standard delivery will take place at the following times: from 9.00 to 19.00, every day, except holidays, from Monday to Friday. The courier makes the first delivery without notice. In case of absence of the Customer, the courier leaves a notice and attempts delivery again within the following 24 hours; in case of further absence, a notice is left again and the shipment is placed in storage.
5.2. Cricket Shop Europe is not responsible for any delays occurring during the transport service and, therefore, does not undertake or guarantee full compliance with the delivery times indicated on the Site and/or in the Order.
5.3. Cricket Shop Europe invites the Customer to periodically check the status of the Order in the “My Orders” section of the Site as well as to contact the Customer Support Service: in this section the statuses of the Order referred to in the articles will also be indicated. 5.8. and the following.
5.4. All shipments of the Products will be at the risk of Cricket Shop Europe which guarantees compliance with the quality standards relating to the Products and Services exclusively until the moment of the first delivery attempt at the Delivery Place referred to in the following art. 5.7. In the event that the package shows signs of tampering or otherwise on the outside, we invite you to ACCEPT WITH RESERVATION, signing with the appropriate wording. Any external damage or mismatch in the number of packages must be immediately reported to the courier carrying out the delivery, adding the words “withdrawal with reserve for damaged package”, or “withdrawal with reserve for open package” or “withdrawal with reserve for packages missing” on the appropriate accompanying document. Delivery of the ordered goods is intended on board the truck, unless otherwise specified. The goods travel with packaging made directly by the manufacturer, in cardboard boxes wrapped in transparent cellophane or protected by bubble wrap, in cardboard boxes sealed with personalized safety adhesive tape or in shipping envelopes with self-adhesive closure. Under no circumstances is courier tape or other closing materials used. The delivery times of the goods ordered are purely indicative; the same may undergo variations due to force majeure or due to traffic conditions and road conditions in general or by act of the Authority. Standard delivery will take place at the following times: from 9.00 to 13.00; from 2.00pm to 7.00pm, every day, except holidays, from Monday to Friday. No responsibility can be attributed to Cricket Shop Europe in the event of a delay in processing the order or delivering the ordered goods. Upon delivery of the goods by the courier, the Customer is required to check: that the number of packages delivered corresponds to what is indicated on the delivery note or transport document (DDT); that the packaging is intact, not damaged, wet or otherwise altered; that no closing materials other than those mentioned above have been used.
5.5. For each Sales Contract completed through the Site, Cricket Shop Europe will issue a delivery note, a copy of which will be sent to the Customer’s Email Address: this document, once sent to the Customer, can no longer be modified.
5.6. For the purposes of delivery of the Products ordered by the Customer, the presence of the Customer or of the third recipient indicated by the Customer or of their representative is always required: where none of these subjects is available and in the Delivery Place at the time of delivery (hereinafter ” First Delivery Attempt”), the courier will leave a notice for a second delivery for the following working day, as well as a telephone number to be able to agree on a different delivery date and time, as well as, possibly, a different Delivery Location (of hereinafter “Second Delivery Attempt”).
5.7. If the Customer or the third recipient indicated by the latter or a representative of the latter is not available even at the Second Delivery Attempt, the Product will be held in storage by the courier for a maximum period of 15 days starting from the Second Delivery Attempt. (hereinafter “Stock Term”).
5.8. In the case provided for by the previous art. 5.7., the Customer can contact the Customer Service of Cricket Shop Europe which will inform him of the courier’s office where the Product can be collected: the Customer must go to the indicated office with the delivery notice left by the courier. You will not have to pay any additional costs for the storage.
5.9. Once the Storage Deadline has elapsed without the Customer or the third party recipient indicated by the latter or one of their representatives having collected the Product in accordance with the provisions of the articles. 5.6. and 5.7., the Product will return to the warehouses of Cricket Shop Europe: in this case the Customer, no later than 30 days after the expiry of the Storage Deadline, may request from Cricket Shop Europe, alternatively:
5.9.1. a second shipment of the Product (hereinafter “Second Shipment”) to which the provisions of the articles will apply. 5.1 and following of these General Conditions, to which Cricket Shop Europe will be able to follow up only upon prior payment by the Customer of the price of the Second Shipment: furthermore, if said shipment is also not successful, the Sales Contract will be automatically terminated due to default by the Customer and Cricket Shop Europe will be authorized to withhold the amount of the Order as compensation for damages suffered by it.
5.9.2. the refund of the amount paid for the Order: provided that Cricket Shop Europe will have the right to withhold from the amount paid by the Customer all costs incurred for the first shipment, including any Storage Fee, as well as any duties and taxes; it is also understood that the right to reimbursement referred to in this art. 5.9.2 is excluded in the event that the Customer has chosen cash on delivery as a means of payment at the time of the Order (payment method not currently permitted).
5.10. Cricket Shop Europe reserves the right to terminate the Sales Contract or to split, postpone or cancel, in whole or in part, the expected delivery in cases of force majeure, unavailability of means of transport, unforeseeable events, if said events cause an excessive delay in deliveries or make them difficult or impossible and/or cause a significant increase in the related cost to be borne by Cricket Shop Europe: in such cases, Cricket Shop Europe will send timely communication to the email address of the Customer, who will have the right to obtain a refund of any price paid, excluding any further claim or compensation, for any reason, against Cricket Shop Europe.
6) Customer’s Right of Withdrawal – Withdrawal of Cricket Shop Europe.
6.1. Pursuant to the articles. 64 and following of the Consumer Code, the consumer Customer (i.e. the Customer who presents the characteristics referred to in the previous art. 1.4., has the right to withdraw from the purchase without any penalty and without specifying the reason (hereinafter “Right of Withdrawal ”).
For the regulation of the Right of Withdrawal by Cricket Shop Europe, please refer to the specifically dedicated area of the site, reachable at the following address: https://www.cricketshop.eu/
7) Warranty – Returns
7.1. Legal guarantee
All products marketed by Cricket Shop Europe are covered by the 24-month legal guarantee for defects of conformity, pursuant to art. 129) of Legislative Decree no. 206/2005 (Consumer Code). By virtue of the legal guarantee, Cricket Shop Europe is responsible towards the Customer-Consumer (natural person acting for purposes unrelated to business, industrial, commercial, artisanal or professional activities carried out), for any lack of conformity existing at the time of delivery of the product, as required by the art. 130 of Legislative Decree no. 206/2005 and within 24 months from the date of purchase. The lack of conformity exists when the product is not suitable for the use for which it is intended, does not conform to the description or does not possess the qualities and/or performances promised by the seller and typical of the product sold, or the specific qualities and performances requested by the Customer-Consumer when this has been the subject of a specific agreement between the parties. The reporting of the lack of conformity (art. 132, 1st paragraph), which occurs within the validity period of the legal guarantee (24 months), must be made, under penalty of forfeiture, within two months from the date of discovery (art. 132, 2nd paragraph). In the event of a lack of conformity, the Customer-Consumer has the right to ask the seller, at his choice and without charge, to repair or replace the goods, unless the requested remedy is objectively impossible or excessively onerous (Article 130 , paragraphs 3 and 4). Repairs must be carried out within a reasonable period and, in any case, within sixty days, after which the Customer-Consumer will have the rights referred to in the art. 130, paragraph 7); the seller, after reporting the lack of conformity, will be able to offer the Customer-Consumer the remedies referred to in paragraph 9) of the art. 130, with the effects referred to in letters. a and b) of the same provision. Pursuant to the 3rd paragraph of the art. 132, the defect that occurs within six months of purchase is presumed to exist on the aforementioned date and the Customer-Consumer has the right to have the conformity of the goods restored, without charge, by repair or replacement (art. 130). To benefit from the assistance, the Customer-Consumer must keep the tax receipt that he will receive together with the goods purchased. If, following intervention by our technicians or an Authorized Assistance Centre, there is no lack of conformity pursuant to Legislative Decree no. 206/2005 (Consumer Code), the Customer-Consumer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as transport costs if supported by the company.
7.2. Assembled DESKTOP PC guarantee
All PCs assembled and produced by Cricket Shop Europe have an adhesive “GUARANTEE SEAL” positioned between the back of the PC and the side opening panel. If the seal is removed or tampered with without authorization from our company, the LEGAL WARRANTY right will lapse and any interventions by our staff will entail assistance costs. Cricket Shop Europe guarantees its customers a guarantee lasting 24 months from the date of purchase (12 months per invoice), for defects of conformity pursuant to art. 129) of Legislative Decree no. 206/2005 (Consumer Code) and for any defect in any hardware component present inside the DESKTOP PC.
7.4. If the Consumer encounters problems with the products purchased, he/she must, under penalty of forfeiture, report to Cricket Shop Europe the defect found by the Customer Assistance Service using the methods referred to in the previous art. 6.2. within 2 (two) months from the date of discovery of the defect.
7.5. Cricket Shop Europe will make every reasonable effort to replace and ensure that the manufacturer and/or supplier replaces the defective product, at its own expense and within a reasonable time. Where this is not possible, or would be excessively burdensome for Cricket Shop Europe , the Consumer will have the right to terminate the Sales Contract and, consequently, to obtain a refund of the sums paid for the purchase and shipment of the Product, any further liability of Cricket Shop Europe being excluded. , in any capacity and for any reason.
7.6. Should the Customer detect any discrepancies between what was ordered and what was received, and in particular, should he encounter any problem relating to the physical integrity, correspondence or completeness of the products received, he must promptly inform the Customer Assistance service of Cricket Shop Europe.
7.7. Customer support will provide the necessary information to resolve the problem, and where possible, to ship missing items, replace defective items or refund them.
7.8. Under no circumstances will the Customer be required to return defective or mistakenly received items at their own expense.
8) Communications and Complaints
8.1. All communications or any complaints against Cricket Shop Europe must be addressed to the Customer Support Service of Cricket Shop Europe, by completing the appropriate form on the Contact page.
8.2. Alternatively, the Customer can send a letter, addressed to ‘Cricket Shop Europe | Cricket Shop Italy via maschere bergamasche 20a,Martinengo , ITALY a company registered in Italy Company Registration Number 3071770.’
9) Intellectual property rights
9.1. Cricket Shop Europe declares and acknowledges that all trademarks displayed here are the property of their respective copyright holders; third-party brands, product names, trade names, corporate names and companies mentioned may be trademarks of their respective owners or registered trademarks of other companies and belong to their legitimate owners.
9.2. Cricket Shop Europe is not responsible for trademarks, distinctive signs and other intellectual and industrial property rights relating to the Products on sale on the Site whose owners are expressly indicated therein (hereinafter, the rights referred to in this art. 10.2. and in the previous art. 10.1., together, “Intellectual or Industrial Property Rights”).
9.3. Any use of Intellectual or Industrial Property rights in any way and/or form, in whole and/or in part without the prior written authorization of Cricket Shop Europe or its licensors is prohibited.
10) Privacy
For the regulation of the processing of personal data by Cricket Shop Europe, please refer to the specifically dedicated area of the site, which can be reached at the following address: https://www.cricketshop.eu/privacy/
11) Reference legislation – Competent court
11.1. These General Conditions are governed and interpreted according to Italian law; similarly, any Special Conditions and each Sales Contract will be governed and interpreted according to Italian law.
11.2. Any dispute relating to the General Conditions, the Special Conditions or the Sales Contracts will be referred to the exclusive jurisdiction of the Court of Italy, without prejudice to the applicability of the mandatory provisions of law established to protect Consumers.