Terms of service
INTRODUCTION
These General Terms and Conditions of Contract and Supply, drawn up in accordance with the law, govern the sales services available on the website https://www.anycomm.it (hereinafter the “Website”) between the company Anycomm S.r.l., VAT No. and Tax Code 07923031210, with registered office at IV Viale Parco della Noce, 45 – 80014 – Giugliano in Campania (NA) (hereinafter also referred to as “Anycomm” or the “Company”), and the person (hereinafter also referred to as the “User”, “Customer” or “Buyer”) who browses the pages of the aforementioned website and uses the online sales Services made available thereon; the Company and the User/Customer/Buyer jointly are also referred to as the “Parties”.
These Terms and Conditions are binding between the Parties indicated above and apply to all Buyers of the Products and Services offered on the Website.
Users who use the Website or purchase the Products/Services sold thereon DECLARE that they know and accept these Terms and Conditions.
For the purposes of these Terms and Conditions, the User accepts that all contracts, notices, information notices and other communications provided electronically satisfy the written-form requirement, where required by law, except where otherwise provided by mandatory legislation.
SUBJECT MATTER
This contract governs the terms and conditions for the sale and purchase of the Products and Services offered on the Website. Through the Website, the Company offers for sale technological products and accessories, whether new, used or refurbished. Each product offered is accompanied by an information sheet containing its main characteristics; it is understood that the images and descriptions contained therein may not perfectly represent the products, which may differ in colour, size and/or components. The Company undertakes to ensure that the products are represented as accurately as possible.
PURCHASE AND PAYMENT METHODS
In order to purchase the Products offered in the Website’s online catalogue, the User must add them to the cart, accept these Terms and Conditions and the Website’s Privacy Policy, and enter all the data required for the shipment of the products and for the issuing of the relevant tax documents. The User will then receive an automatic email with a summary of the order placed.
Subsequently, the order will be processed and an order confirmation will be sent indicating the exact allocated quantities, the final total amount including all costs (by way of example and without limitation: shipping costs, insurance costs, customs duties) and applying the VAT rate corresponding to the type of customer, in accordance with applicable law (specifically: VAT application for a customer classified as “retail” or the so-called “reverse charge” for sector resellers).
The order procedure shall be considered a mere purchase proposal: the purchase shall actually be completed only upon receipt of the specific order confirmation email at the address indicated by the User during the purchase process and after Anycomm has received payment from the customer. Payment shall be made in a single instalment, exclusively through the methods available on the website.
In the event of problems with the purchase procedure or errors in entering the data, the User undertakes to promptly contact the Company, strictly in writing, by email at the following address: ordini@anycomm.it.
No commitment shall exist between the Company and the User and, therefore, no purchase contract may be deemed concluded if, during the purchase procedure for the Products, due to facts attributable either to the User or to the Company, obvious and recognisable errors or inaccuracies are made, such as (by way of example and without limitation) errors or inaccuracies relating to the identification or selection of the Products, or their quantities or price. In particular, before allowing the purchase of the Product, the Company reserves the right to verify the availability of the goods and the correctness of the prices and, in the event of an error, reserves the right to cancel the purchase.
After verifying the order and the absence of justified reasons, the Company shall proceed with the completion and conclusion of the purchase and with the electronic storage of the relevant contracts within its own IT infrastructure or on so-called “cloud” platforms.
Should the User wish to purchase products on the Website indicated as NOT immediately available, or request a specific quotation for particular products/quantities, or for products not included in the online catalogue, or following direct contact with the sales department, the User must complete the appropriate quotation request form or send an email to: ordini@anycomm.it . Within the following 24 working hours from submission of the request, the Company shall send the quotation as a sales offer. If the User accepts the quotation by making payment, the purchase shall be deemed concluded and the User will receive the usual order confirmation by email at the address indicated by the User, stating the quantity and type of products.
All orders duly accepted by the User, by any of the above methods, may no longer be cancelled except with the written consent of the Company. Cancellation of already confirmed orders is not accepted.
CONDITIONS OF SALE
The Company guarantees that the Products and/or Services delivered meet the legal requirements of usability, reliability and durability.
From the moment of the order, the User shall indemnify and hold harmless the Company and its suppliers from any loss, damage, liability, adverse consequence or expense in any way connected with claims against the User arising from the User’s use, in any way, of Website materials in breach of any applicable law, third-party rights or these Terms and Conditions.
The User remains solely and exclusively responsible for any consequence (legal or otherwise) that may arise from improper use of the Products sold by the Company or from incorrect installation and fitting.
PRODUCT AVAILABILITY AND POSSIBLE ORDER CANCELLATION/REDUCTION
All product orders are subject to product availability.
Our Website is constantly updated in order to ensure the highest possible correspondence between the Company’s availability and the availability shown on the Website. However, given the simultaneous access of many users, the simultaneous possibility of orders through other channels and the variable quantity of each product depending on the Manufacturer or supplier company, the Company does not guarantee the certainty of allocation of the goods ordered through its Website, even after receipt of the order confirmation. For this reason, the quantities of product available at the time of the order are generally not visible.
The Company may cancel the order in whole or in part in the event of total or partial unavailability of the products. In such cases, the Company shall inform the Customer, specifying the reasons and proposing possible solutions (for example: quantity reduction, replacement with a similar product, product in another condition, etc.). The proposed solution must always be expressly accepted by the Customer; failing this, the order shall be deemed cancelled, with reimbursement of any sums paid.
In the case of promotional products, the Company also reserves the right to limit and reduce the quantities purchasable by the same Customer, subject to notice and acceptance by the Customer; failing this, the order shall be deemed cancelled, with reimbursement of any sums paid.
In all cases of order cancellation by the Company, or for any reason not expressly mentioned/provided for herein, it is understood that the Company may not in any way be held liable for any damages arising from the cancellation.
PRICES
The prices shown on the Website are clearly indicated, displayed in the currency selected by the customer, EXCLUDING transport costs and any taxes, duties and charges. The price charged to the User shall be the one indicated at the time of the order confirmation and shall not vary according to subsequent fluctuations in market prices, EXCEPT in cases where the prices entered are manifestly disproportionate to the normal market value as a result of material price-entry errors. The prices of products temporarily unavailable may vary from the price originally shown on the Website. Such differences are due to circumstances that may vary over time, including, by way of example and without limitation: the possibility of sourcing the products in Italy or abroad, the prices in force on the date of submission of the offer, changes in international exchange rates, customs tariffs and transport prices. For orders with delivery times exceeding 30 days, if delivery delays occur due to the supplier and do not depend on contractual breach by the Company, the User shall bear the economic consequences, including payment of any ancillary costs.
SHIPMENT OF ORDERS
The User will receive the exact shipping cost upon receipt of the order confirmation. Shipping costs are always borne exclusively by the customer and depend on the weight and dimensions of the products purchased; they may be subject to surcharges in the event of shipments under particular conditions (volume and weight of the products, restricted traffic areas, areas that are difficult to reach or peripheral areas).
In the event of customs costs, these shall always be borne by the recipient. The User is therefore invited to obtain information in advance about the taxes and duties applicable at the destination customs office, in order to avoid possible delays or issues with shipments.
Products available in stock will be shipped within a maximum of 24/48 working hours from the purchase date. Made-to-measure, customized or digital Products will be shipped according to the manufacturer’s delivery times. If the Company is unable to ship within the above term, the User will be promptly notified via the email address provided during the purchase process.
Shipments are made through leading national and international couriers, and within 24 working hours from order fulfilment the User will receive details of the courier used and the tracking number, so as to be able to track the shipment of the order. Estimated delivery times are purely indicative and may vary due to force majeure, negligence of couriers, traffic and road conditions in general, or acts of the Authorities. No damage resulting from delivery delays by carriers may be attributed to Anycomm.
The Company assumes no liability for the actions of couriers/carriers, nor for the actual delivery of the products to the User. Each shipment is made on behalf of the User. The Company is released from any liability from the moment it delivers the Products purchased by the User to the carrier. The Company is also released from any liability if the User decides to collect the Products personally or through third parties appointed by the User. For any damage arising from shipment or loss of the Products, the right is reserved to claim compensation for damages from the shipper.
The User may request shipment insurance against theft, damage or loss on our Checkout page, by indicating this in the Shipping Options section. The cost of this service is equal to 1% of the value of the products (excluding taxes), with a minimum of EUR 10.00 per shipment. The insurance service is provided in accordance with the Terms and Conditions of the selected courier. Basic carrier insurance is also in force pursuant to applicable regulations, where the maximum reimbursement is quantified at EUR 1 for each KG shipped.
COMPANY OBLIGATIONS AND PRODUCT WARRANTY
The Company is not liable for any damage that is not an immediate and direct consequence of contractual breach, nor is it in any way liable for the non-performance of obligations by third parties.
The Company reserves the right to prevent access to the Website in the event of breach of applicable legal provisions and/or breach of these Terms and Conditions.
Furthermore, the Company is not liable for delays or non-performance of contractual obligations, nor for delays, service disruptions or suspensions of the Website, where one or more of such issues arise from unforeseeable circumstances or force majeure.
The causes that may lead to the suspension, delay or otherwise non-performance of contractual obligations for which the Company bears no liability include, by way of example and without limitation, the following: malfunctioning of telephone and/or electrical lines and/or the internet network; malfunctioning of software, hardware and/or hosting services; interruptions and/or suspensions due to legal provisions, including exceptional provisions, or acts of Italian or foreign Authorities; tampering or interventions by third parties on services or equipment used by the Company in the production phase of the products; incorrect use of the platform by Users; malfunctioning of connection devices used by Users; non-conformity and/or obsolescence of equipment or programs used by Users; malfunctioning of services, loss of data, accidental disclosure of personal or sensitive data not attributable to the Company’s conduct, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers and/or viruses.
The Company guarantees that the products sold are free from manufacturing faults or defects and that the User is entitled to receive the product as described and with the qualities and conformity with the requirements promised on the Website.
For products of leading national and international brands that have an assistance network in the national territory and directly manage repair and warranty procedures, in case of need the customer is required to contact the manufacturer directly through the channels established by the manufacturer.
For ANYCOMM-branded products or so-called “OEM” products the warranty is provided by the Company according to the methods set out below.
In the event of manufacturing faults or defects that already exist at the time of delivery of the products, or that also appear subsequently, the User must report them directly to the Company strictly within:
- 6 (six) months from delivery, for refurbished and/or used products;
- 12 (twelve) months from delivery, for new products.
The above warranty is the sole warranty and replaces any other warranty provided, whether written, oral or implied; however, it is excluded for faults and/or defects arising from transport of the product (for which the carrier is exclusively responsible), and/or from assembly or improper use by the User, or from inadequate storage or maintenance of the Products or normal deterioration due to prolonged use.
The warranty must be exercised according to the following procedure:
- Request the specific form by sending an email to ordini@anycomm.it ;
- Return the duly completed form to the same email address;
- Wait for the Company to carry out all necessary checks, following which it reserves in any case the right to accept or reject the return and therefore to provide or not provide the warranty (stating the reasons for any refusal);
- If all requirements for exercising the warranty right are met, the Company shall send the relevant RMA code (Return Merchandise Authorization), and the User shall place the product in suitable packaging (preferably the original packaging), clearly affixing the above RMA code both on the outer packaging and inside the package.
Once the product has been received, the Company shall carefully examine it to verify that the Product is actually the one sold, that the alleged defect actually exists, and that the fault is attributable to its own liability; if all these conditions are met, the Company shall grant the warranty by repairing or replacing the defective product. Since processing times for the product returned under warranty may vary, the User will be updated by email by the Company regarding the processing status of the returned product. In exceptional circumstances or if it is impossible to repair the product or source a replacement, the Company may refund the purchase price or issue a credit note in favour of the User within 30 days from receipt of the product.
In any case, the Company reserves the right to refuse the warranty where the products the User intends to return are clearly damaged, altered, modified or tampered with, or where they are special items or customized products.
Likewise, the Company shall not provide the warranty in favour of the User where the products the User intends to return lack a sales order or invoice.
Once the Company has verified the User’s right to obtain a refund for the returned product, ancillary costs may be charged to the User, such as — by way of example only — administrative handling costs, restocking costs, transport costs, customs duties or collection fees.
RIGHT OF WITHDRAWAL / COOLING-OFF PERIOD
The sale of products through the website is RESERVED EXCLUSIVELY for professional customers, companies, resellers and VAT-registered entities. Sales are not made to final consumers, namely to persons falling within the definition of consumers provided for by Article 3 of the Italian Consumer Code (Legislative Decree No. 206 of 06/09/2005).
Therefore, NO right of withdrawal/cooling-off period is provided for any purchases made through the website, which is not subject to the provisions of EU Directive 2023/2673.
COMMERCIAL RETURNS
If the User no longer requires the purchased product and/or has placed an incorrect order, the User is entitled to submit a return request. Any requests for the return of Products must be submitted no later than 14 calendar days from the date of delivery of the product to the email address ordini@anycomm.it .
After carrying out the necessary checks, the Company reserves the right, in any case, to accept or reject the return at its sole discretion. In the event of acceptance, the Company shall send the relevant RMA code (Return Merchandise Authorization), and the User may ship the product to the Company at the User’s own expense. Returned Products must mandatorily be in fully intact functional and aesthetic condition and complete with their original packaging. The RMA code must be clearly identifiable.
Upon receipt of the product, the Company shall examine it in order to verify that it is the product sold and that it complies with the original conditions of sale. Returns that are clearly damaged, altered, modified or tampered with, or WITHOUT the original packaging, shall not be accepted.
The User shall also bear any charges or expenses quantified by the Company, including following receipt and inspection of the returned Product, by way of example and without limitation, for: administrative handling, restocking, depreciation of the Product, transport costs, customs duties and collection fees.
The Company shall make any refund within 30 (thirty) days from receipt of the return.
The Company assumes no liability for any advice or suggestions that may be provided to the User in relation to the purchase and selection of Products. The provision of Services requires the Customer’s full cooperation. If the latter provides the Company with incorrect or incomplete information, the Company shall not be liable for the accuracy of the data on which its performance and the Service itself are based.
PRODUCT RETURN ADDRESS
The only valid address for returning products is:
Anycomm S.r.l.
Via Ferrante Imparato, 198 – 80146 – Napoli (NA) – Centro Mercato DUE
Shipments made to other company locations will be automatically returned to the sender.
CUSTOMER/USER OBLIGATIONS
The User undertakes to provide personal data correctly and truthfully, and undertakes to pay the consideration according to the methods indicated in the specific “Payment Methods” section.
When completing the contact form, the User undertakes to provide personal data correctly and truthfully, assuming full civil and criminal liability for untrue or false communications. In the event of breach of these Terms and Conditions, the Company and its suppliers reserve the right to claim compensation for all damages suffered and to be suffered. The User undertakes to indemnify and hold harmless the Company and its suppliers from any loss, damage, liability (including criminal liability), adverse consequence or expense in any way connected with claims against the User arising from the User’s use, in any way, of Website materials in breach of any applicable law, third-party rights or these Terms and Conditions. The User is solely and exclusively responsible for any consequence that may arise from improper use of the Products and/or Services offered on the Website. No complaint, attribution of liability or claim for compensation may be brought by the User against the Company and its suppliers as a consequence of the service offered.
Upon delivery of the Product, the Customer must verify the conformity of the Product with the order placed. If the Customer detects a visible non-conformity, the User is required to accept delivery with reservation; otherwise the User will not be able to make a warranty return for obvious defects in the product.
Notice of faults, defects or non-conformities of the products must be communicated to the Company in writing, by sending an email to: ordini@anycomm.it , under penalty of complete forfeiture:
- within 5 (five) days from delivery, in the event of product non-conformity or obvious defects;
- within 8 (eight) days from discovery in the event of hidden defects.
The Company shall initiate the procedures indicated in the previous paragraphs, where necessary.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All Website contents are protected and safeguarded by the laws in force on copyright and industrial and intellectual property (Website content, by way of example and without limitation, shall mean: the domain, subdomains, trademarks, texts, photographs and videos). All industrial and intellectual property rights relating to the Website contents are the exclusive property of the Company or third-party suppliers, are reserved to them and are not transferred or licensed to the User. The User may not therefore reproduce, duplicate, copy, redistribute, retransmit on other websites, transfer or otherwise make available to third parties in any capacity, or in any case use for purposes other than storage and/or consultation, the Website contents without the prior express and formal approval of the Company. All rights not expressly granted by these Terms and Conditions remain with the Company or its licensors, suppliers, publishers, owners or other service providers. The User undertakes not to use framing techniques to misappropriate any trademark, logo or other proprietary information (including images, text, page settings or format) of the Company without express and separate written consent.
COOKIE AND PRIVACY POLICY
Reference is made to the specific page on the Website Homepage concerning information notices and rules on so-called “Cookies” and the processing of personal data by the Company.
COMPLAINTS, DISPUTES AND COMPETENT COURT, DURATION AND AMENDMENTS, FINAL PROVISIONS
All communications or any complaints by the User against the Company must be strictly sent to the email address:
These Terms and Conditions are drawn up in Italian and shall remain effective until they are amended or supplemented; any amendments arising from legal requirements and/or regulatory updates, or made voluntarily, shall take effect for the User from the moment they are published on the Website and shall apply to any procedure existing from that moment.
Clauses that, for any reason, are deemed wholly or partially null and void or ineffective shall not affect the remaining provisions of this contract, which shall remain valid and effective between the parties.
The Court of Naples shall have exclusive jurisdiction over any dispute.