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Terms of Sale

Background

These GTCV regulate the purchase, by telematic means or by telephone, of products presented on the website www.unitedpets.it (the "Products") (the "Site"), operated by United Pets Srl, with registered office in Viale Certosa 46, 20155 Milan (MI). Sole Director: Constantinos Psilogenis. Registered with the Register of Companies of the Milan Chamber of Commerce on 13/01/1999 (Practice No. MI-1999-3496) and with VAT/Tax Code 12618830157. These GTC are an integral and essential part of the contract for the purchase of any Product and the submission of an Order (as defined in Section 1.2), implies its acceptance by the Customer. Finally, it should be noted that the provisions of the GTC that refer to Consumers (as defined below) will only apply to parties that fall under the relevant definition.

Consumers will benefit, in particular, from all the protections provided in the case of conclusion of distance contracts under Title III, Section II, of Legislative Decree No. 206 of September 6, 2005 ("Consumer Code"), as well as all the additional protections that are mandatory, in favor of Consumers, by the Consumer Code itself and any other applicable law. United Pets customer service is available for information, complaints and disputes:

- Store online at www.unitedpets.com

- Customer support for Italy: 02 3927041

- E-mail:  servizioclienti@unitedpets.it

United Pets makes itself available - including by telephone - to offer Customers (as defined below) any clarification or information regarding the content of the GTC, the Contract (as defined in Section 1.2 below) and the related discipline, as well as in relation to any complaints. Should the Customer decide not to make use of the telephone service, all the rights and faculties granted to the Customer by law shall in any case remain unaffected and unaffected. Regarding the saving and printing of the GTC and the possibility of viewing the text of the Contract, please refer to Section 2 of these GTC. The right of withdrawal in favor of consumers is governed by Section 6 of these GTC.

1. Scope of application. Definitions

1.1 These GTC shall apply with respect to all Orders relating to the purchase of Products and submitted to United Pets through the Site.

1.2. Within these GTC, the following definitions apply:

- "Consumer" means any natural person who places an Order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried on;

- "Professional" means any natural or legal person who makes an Order in the course of his or her business, trade, craft or professional activity;

- "Client" means, as the case may be, a Consumer or a Professional;

- "Contract" means any agreement between United Pets and a Customer about the Customer's purchase of one or more Products, concluded, depending on the medium used, in the manner set forth in Section 3.3 or Section 3.4;

- "Business day" means any day of the week, except Saturdays, Sundays, and holidays under Italian law;

- "Order" means any proposal regarding the purchase of one or more Products, made by the Customer to United Pets, alternately, depending on the means used, in the manner provided in Section 3.3 or Section 3.4

2. Downloading and consulting the terms and conditions of the Contract

2.1. The Customer may retain a copy of these GTC, as well as all documents comprising the Contract relating to the Products purchased on the Site, by using the normal functionality of its browser (e.g.: "File" -> "Save As").

2.2. In addition, Customer will be able to archive the data of its Order, either by downloading the GTC, in accordance with Article 2.1 above and saving, with the support of the functions of its browser, the data summarized in the last web page preceding the submission of each Order, or by waiting for the Order Confirmation that United Pets will send, following the submission of the Order, to the e-mail address indicated by Customer. Such confirmation e-mail will contain the data of the Order forwarded by the Customer, in addition to these GTC, resulting in the possibility to print or save such documentation, using the functions of its e-mail program

2.3. The data of each Order will be saved by United Pets on its systems. In order to preserve the confidentiality of such information, access to it, by the Customer, will be allowed only following prior authentication in the restricted area of the Site called "Restricted Area", through the insertion of appropriate of access credentials by the Customer that will be attributed to him at the time of registration to the Site itself. In this restricted area, by entering his/her credentials, the Customer will be able to consult Contracts already concluded, pending and newly placed Orders, as well as update and save his/her contact details and personal information. The Customer undertakes to treat his or her credentials for access to the aforementioned restricted area of the Site confidentially and not to make them available to third parties.

3. Conclusion of the Contract

3.1. Any Contract relating to the purchase of Products entered into will be made exclusively in the Italian language.

3.2. The presentation of the Products on the Site constitutes an invitation addressed to the users of the Site to formulate, with respect to United Pets, a purchase proposal. Such invitations to offer are not binding for United Pets and, in particular, do not constitute offers to the public pursuant to and for the purposes of Article 1336 of the Italian Civil Code, remaining, in the full discretion of United Pets, any decision regarding the acceptance of any proposals made.

3.3. Conclusion of the contract via the Internet

3.3.1 In order to proceed with the purchase of one or more Products via the Internet, Customer shall first register on the Site, providing United Pets, in compliance with applicable data protection provisions, with all data necessary to enable United Pets itself to execute the Orders placed.

3.3.2 Once registration has been completed, the Customer may select one or more of the Products for which it intends to make a purchase, placing them in a virtual "shopping cart", the contents of which it will always be able to view before proceeding to place the Order.

3.3.3 By clicking on the "Proceed to Purchase" button, the Customer will initiate the Order submission process. During the formulation of the Order and until its actual submission, the Customer will, however, have the opportunity to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information.

3.3.4 By clicking on the "Confirm and Pay" button, upon completion of the procedure initiated pursuant to Section 3.3.3 above, the Customer shall place the Order with respect to United Pets. Any Order placed in this manner shall be deemed, for all purposes, to be a contractual proposal by Customer. The placing of the Order by Customer will be promptly followed by confirmation from United Pets regarding receipt of the Order by sending an e-mail to the e-mail account communicated by Customer. By sending such e-mail, United Pets will, also, inform Customer whether or not the Order can be accepted (the Order Confirmation).

3.3.5. United Pets shall have the right to accept or not accept the Orders received without, in case of non-acceptance, the Customer may make rights or claims against United Pets for any reason. The Order shall be deemed, in any event, accepted and consequently the Contract concluded when Customer receives, on its e-mail address, the Order Confirmation, containing confirmation of acceptance of the Order.

3.4. Prior to the placing of any Order, Customer is urged to read these GTC carefully.

4. Price and shipping charges

a) Prices: All prices of United Pets Products posted on the homepage or in the different sections of the Site are inclusive of VAT, excluding delivery charges.

b) Delivery Costs: All deliveries from United Pets are made by United Pets' designated Express Courier. Delivery is free of charge for all orders with shipping within the Italian territory from EUR 49.00. Delivery cost for orders below this value is EUR 10.00. For shipments to other countries a custom rate is applied with a different order minimum to achieve exemption. Upon successful registration you will be automatically notified if the country is covered by our service and upon confirmed cart the shipping cost (if you have not reached the minimum to qualify for free shipping) 

United Pets reserves the right to change the prices of United Pets Products that are listed on the Site at any time. Any changes to the prices of United Pets Products will not, however, be effective with respect to Customers who have already placed an Order.

5. Payment and delivery

5.1. Customer shall pay in full the price of the United Pets Products ordered at the same time as placing the Order. It is understood that, in the event of non-acceptance of the Order, United Pets will promptly refund to Customers any amounts already paid.

As part of the Order submission process, United Pets will offer various payment methods through the PayPal circuit, such as, but not limited to, payment by credit card (Visa, MasterCard, American Express), payment through paypal account, and payment by prepaid card (e.g. "Postepay").

5.2. Invoices will be issued in electronic format only.

5.3. United Pets reserves the right to refuse or not to execute Orders, which provide for the delivery of the relevant United Pets Products outside the Italian territory, i.e. in the municipalities of Livigno or Campione d'Italia. For deliveries, United Pets will use carriers selected by United Pets itself. Where the United Pets Product is marked on the Site as "available," United Pets will ship said item as soon as possible.

5.4. United Pets shall not be liable for non-delivery or delayed delivery in the event that: (a) Notwithstanding that it has duly and timely procured the Products to cover the Order received, it has not been supplied on the terms and in the manner agreed upon with production; (b) it is unable to make up for the unavailability of such Products, due to circumstances beyond its control; and (c) it has timely notified Customer of such unavailability of United Pets Products.

In any event, where the Customer is a Consumer and the unavailability of the United Pets Products, due to any of the circumstances set forth in (a) and (b) above, does not allow for the delivery of the United Pets Product within 30 (thirty) days of the placing of the Order by the Consumer, United Pets shall refund to the Consumer any advance payments of the price on the day following the day on which the Order was placed and no later than 30 (thirty) days from the day following the day on which the Order was placed .

5.5. United Pets shall not be liable for non-delivery or delayed delivery due to force majeure causes, such as - but not limited to - strikes, Public Authority measures, rationing or shortage of energy or raw materials, transportation difficulties, fires, floods, and damage to industrial machinery not within the control of United Pets. United Pets will promptly notify the Customer of the occurrence and disappearance of a force majeure cause. If the cause of force majeure persists for a period exceeding 30 (thirty) days, either party shall be entitled to withdraw from the contract. In the event of termination pursuant to this Section 5.5, Customer shall not be entitled to any compensation or indemnity for any reason whatsoever, without prejudice to the right to a refund of any amount already paid by way of price for the United Pets Product that is the subject of the Order, within 30 days of the placing of such Order.

5.6. In the event of a purchase made by a Consumer, the risk of incidental spoilage of the United Pets Products shall remain with United Pets until their delivery to the Consumer or other person designated by the Consumer, whether or not the shipment of the same United Pets Products is insured. In the event of a purchase made by a person other than a Consumer, the risk of incidental spoilage of the item shall pass to the Customer with the delivery of the United Pets Product by United Pets to the first carrier.

6. Right of withdrawal

6.1. In compliance with the duties of information set forth in Article 52, paragraph 1, letters (f) and (g) of the Consumer Code and the updated Legislative Decree of reference: 206/2005, Section 6.3 below sets forth the terms and conditions governing the right of withdrawal in favor of the Consumer, as regulated by the same Consumer Code.

6.2. It should be noted, in any event, that the right of withdrawal in favor of the Consumer does not apply to United Pets Products that, by their nature, are not suitable for return or are subject to the risk of rapid deterioration or alteration, such as, but not limited to, wet products that have already been opened.

6.3. Instructions for the exercise of withdrawal in cases provided for in the Consumer Code

In accordance with the provisions of the Consumer Code, the Consumer has the right to withdraw from the Contract in the manner and timeframe provided within this Section.

If the Consumer intends to avail himself of this right of withdrawal, he shall, within 20 (twenty) days from the date of delivery of the United Pets Product (in the case of multiple deliveries, from the date of the last partial delivery), send appropriate notice (without the need to specify any reasons), to be sent by e-mail to the address servizioclienti@unitedpets.it.

If the right of withdrawal is exercised, the Consumer will be required to return the United Pets Product to United Pets at the addresses indicated below within the term of 30 (thirty) days from the date of delivery of the item. The substantial integrity of the item to be returned is an essential condition for the exercise of the right of withdrawal. However, it is sufficient that the item is returned in normal condition, in that it has been kept and possibly used with the use of normal diligence.

Items should be returned to:

United Pets Srl c/o Stante & Ecotrans Ltd.

Via Gioachino Rossini, 9

CADORAGO

22071

Tel. 031 885 9297

Consequences of withdrawal

In the event that the Consumer has exercised his or her right of withdrawal in accordance with the provisions set forth in these GTC, the services that have already been received by the Consumer and/or United Pets shall be returned. The refund of the price paid by the Consumer shall be made by United Pets, provided that the United Pets Product has been returned by the Consumer within 30 (thirty) days from the date of receipt by United Pets of the notice of exercise of withdrawal or, if earlier, from the date on which United Pets received the United Pets Product returned by the Consumer. The risks associated with the destruction or damage of the United Pets Products in the course of shipment are remitted to the Customer, it being understood that in such event, the United Pets Products will not be considered intact and the withdrawal will not be effective.

6.4. In the event that the Consumer intends to exercise the right of withdrawal, United Pets Products must be returned:- properly packaged in their original packaging, in perfect state of resale (not ruined, damaged or soiled) and equipped with all possible accessories, instructions for use and documentation;- equipped with the transport document (present in the original packaging), so as to allow United Pets to identify the Consumer (Order number, name, surname and address);- without manifest signs of use, other than those compatible with the performance of a normal test of the article. That is, they must not bear traces of prolonged use (more than a few minutes) in excess of the time necessary for a test and must not be in such a state as not to permit resale.- within the timeframe described in paragraph 6.3.Where the United Pets Product returned does not comply with the requirements of the preceding paragraph, the withdrawal will not be effective and United Pets reserves the right to refuse the return and not operate any refund provided.

6.5. Costs Related to Withdrawal In the event that the right of withdrawal is exercised for reasons unrelated to the state of the product (spoilage) or for reasons where the product shipped is different from what was ordered or arrived defective the cost of return shipping is borne entirely by the customer. The customer understands that in the event that he/she exercises the return option for a product whose condition is not deteriorated or perished or expired or for a product that does not represent a mistake on the part of United Pets (product not ordered by the customer), the right to the return option does not affect any shipping costs of replacement products requested. Thus, when a customer exercises the withdrawal option for replacement product in the cases set forth in Section 6.5, any replacement products requested will be the subject of a new sales order, to which all applicable rules on shipping policies decided by United Pets will apply. 6.6. Product Return and Refund Instructions Subject to the conditions in Section 6.1, 6.2 and 6.4 and in the timelines in Section 6.3 in order to return products and obtain a refund, the customer is required to:- Complete the return form received with the order. Specify the reason for the return. Place the completed return form in the package. - Attach a copy of the shipping document with which he/she received the goods for better identification.- Ship the goods at his/her own expense to: United Pets Srl c/o Stante & Ecotrans srl Via Gioachino Rossini, 3 CADORAGO 22071 Tel. 031 885 9297

7. Warranty and complaint handling

7.1. The statutory warranty rules apply to purchases made by Consumers, including, where applicable, the rules set forth in the Consumer Code regarding warranties against Consumers.

7.2. If the Consumer discovers defects and faults in the Products purchased under these GTC, the Consumer may contact, under penalty of forfeiture within two months of discovery, United Pets, in the manner set forth in these GTC and request repair or replacement of the Product. The choice between repair or replacement will remain at the Consumer's disposal, except where the remedy selected is objectively impossible or excessively burdensome compared to the other.

7.3. United Pets will, as appropriate, make the required repairs and replacements within a reasonable period of time from receipt of the Consumer's request. United Pets invites the Customer to describe in as much detail as possible the nature of the defect or defect found and, if necessary, to forward copies of the Order documents or indicate the Order number, the Consumer's number, and any other data useful for the correct identification of the claim. If no response is received by the Consumer within 5 (five) business days, United Pets hereby invites the Consumer to solicit a response. United Pets also advises to check that the e-mails sent by it are not re-addressed in or blocked by any 'spam filters' or do not reach their destination correctly due to other technical problems of the recipient Customer's e-mail program.

7.4. Where (i) the required repair or replacement proves to be impossible or excessively onerous, or (ii) has not taken place within a reasonable period of time; or (iii) has caused significant inconvenience to the Consumer, the Consumer may, at its option, request a reasonable reduction in price or termination of the Contract. Termination of the Contract shall not, in any event, be permitted for minor defects in respect of which it has not been possible or excessively onerous to repair or replace the relevant Products.

7.5. It is expressly understood that the preceding Sections 7.1, 7.2, 7.3 and 7.4. shall not apply in the case of defects found in Products purchased by Professionals, with respect to which United Pets, subject to the mandatory limits of law, does not issue any warranty.

7.6 For any inquiries, United Pets invites, in any case, the Customer to contact Customer Service, which can be contacted as follows:

United Pets Ltd.

Tel: 02 3927041

E-Mail: servizioclienti@unitedpets.it

8. Data Protection.

8.1 United Pets reserves the right to retain the data of each Order as well as Customer's contact details for the sole purpose of using them for the purpose of the proper execution of the Order (including through transmission to business partners involved in the handling of payment, execution of the Order and/or shipment of the item), any claims regarding the warranty of the item and/or recommendations or instructions to the Customer regarding the item. Storage and processing of data will be in accordance with the content of the notice regarding the protection and use of personal data by United Pets ("Privacy Notice"). Notwithstanding the foregoing, any use of Customer's personal data will be subject to the provisions contained in the aforementioned Privacy Policy.

9. Modification of the General Conditions of Sale

9.1 Upon any amendment to these GTC, United Pets will promptly post the amended GTC on the Site. The amended GTC shall become an integral part of the new Contracts, as of the first Order placed by Customers, following their posting on the Site. In the case of Orders already placed prior to such notice, the previous version of the GTC will apply.

10. Substitution clause

10.1 If any present or future provision of the GTC and/or the agreement should be or become wholly or partially void and/or ineffective or there is a gap in the provisions of the GTC and/or the agreement, the remaining provisions of the GTC and the agreement shall nevertheless remain valid and effective. It is understood that United Pets and the Customer will endeavor to negotiate in good faith the integration of the gap or the replacement of the void and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and safeguarding the economic substance of the contract.

11. Processing of credit card data

11.1 Payment for Products purchased on the Site may be made by credit card, PayPal payment solution. In the event that one of these methods cannot be used in connection with a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure. 

11.2 Payment for Products purchased on the Site may be made through the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to www.paypal.it where you will authorize PayPal to process the payment at Unitedpets' request in accordance with the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between you and PayPal. Data entered on PayPal's site will be processed directly by PayPal and will not be transmitted or shared with Unitedpets. Unitedpets is therefore not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected with that account. In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to you upon shipment of the Products or the business day prior to such shipment. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the user's PayPal account. The timing of crediting to the payment instrument linked to that account depends solely on PayPal and the banking system. Once the crediting order has been arranged in favor of such account, Unitedpets shall not be liable for any delay or omission in crediting the user with the refund amount, to dispute which the user should contact PayPal directly. April 2016, United Pets ltd These GTC constitute intellectual property protected by copyright. Its use, even partial, by third parties for commercial purposes is not permitted. Any violations will be prosecuted. 

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