General Terms and Conditions

A. Introduction: About Polaris S.R.L.
A.1 Polaris S.R.L. registered office in Via Trento, 13/H - 23100 Sondrio (SO) Italy.

A.2 The website www.polarisshop.ch was designed and developed by the company Omnitech s.r.l. (Via Giacomo Peroni, 400/402 . 00131 Rome (RM) CF: 07755691008 . P.IVA: 07755691008) which still follows its technical profile, maintenance and all-round development. The management of content, products present, price lists, logistics and customer service are services provided directly by Polaris S.R.L..

A.3 These general terms and conditions of sale (hereinafter only "General Terms and Conditions") govern the sale of products marketed on the www.polarisshop.ch website. All contracts for the purchase of products concluded, via the site www.polarisshop.ch and in accordance with the procedures set out therein, between the seller and the customer shall be governed by these "General Terms and Conditions".

B. Acceptance of General Terms and Conditions

B.1 The contract between Polaris S.R.L. and the customer shall be considered concluded with the acceptance, even partial, of the order by Polaris S.R.L. which reserves the right, at its sole discretion, to accept or refuse the order. Acceptance is considered tacit, unless otherwise communicated in any way to the customer. By placing an order in the various ways provided, the customer declares to have read all the information provided during the purchase procedure and to fully accept the general conditions and payment terms transcribed below.

B.2 If the customer is a final consumer (i.e. a natural person purchasing the goods for purposes not related to his or her professional activity), once the online purchase procedure has been completed, he or she shall print or save an electronic copy and in any case retain these general terms and conditions of sale, in accordance with the provisions of Article 7 of Legislative Decree No. 206/2005 on distance sales.

B.3 Any right of the customer to damages or compensation as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order is excluded.

C. Purchase modalities

C.1 The customer may only purchase products in the electronic catalogue of www.polarisshop.ch .
The technical information included in the website www.polarisshop.ch faithfully reproduces that of the manufacturers of the goods included in the catalogue. Polaris S.R.L. therefore reserves the right to modify/update the technical information of the products to match that provided by the manufacturers, without any prior notice.
It is understood that the picture accompanying the description of a product may not be perfectly representative of its characteristics, and may differ in colour, size, and accessory products in the picture. All purchase support information is intended as mere generic information material, not referring to the real characteristics of each individual product.

C.2 The correct receipt of the order is confirmed by Polaris S.R.L. by an automatic e-mail reply, sent to the e-mail address communicated by the customer during the registration or order procedure. Such confirmation message will contain the date of execution of the order and an 'Order Number', to be used in any further communication with Polaris S.R.L. The message will reproduce the payment and shipping details entered by the customer, who undertakes to verify their correctness and to promptly communicate any corrections, according to the modalities described in this document.

C.3 In the event of non-acceptance of the order, Polaris S.R.L. undertakes to promptly notify the customer in the same manner.

C.4 All prices on the website are intended as public prices and, therefore, inclusive of VAT. Polaris S.R.L. reserves the right to change prices at any time, without prior notice. The modification of prices will not provoke any claim for compensation from the customers.

D. Methods of payment

D.1 Payment of the transaction price shall be made by credit card.

D.2 In case of cancellation of the order, either by the customer or in case of non-acceptance of the same by Polaris S.R.L. the same will at the same time request the cancellation of the transaction and the release of the amount committed to the bank of reference. The cancellation is possible up to the moment of delivery of the goods to the courier by Polaris S.R.L. The time required for release, depends exclusively on the banking system and may be up to their natural expiry date (24° day from the date of authorisation). Once the cancellation of the transaction has been requested, in no case may Polaris S.R.L. be held responsible for any damages, direct or indirect, caused to the customer by any delay in the release of the amount committed by the banking system.

D.3 Polaris S.R.L. reserves the right to ask the customer for additional information (e.g. landline telephone number) or to send copies of documents proving the ownership of the card used. In the absence of the requested documentation, Polaris S.R.L. reserves the right not to accept the order.

D.4 At no time during the purchase procedure is Polaris S.R.L. in a position to know information relating to the purchaser's credit card, transmitted via secure connection directly to the website of the bank handling the transaction. No computer file of Polaris S.R.L. contains or stores such data. Under no circumstances can Polaris S.R.L. therefore be held liable for any fraudulent or undue use of credit cards by third parties, at the time of payment for products purchased on www.polarisshop.ch.

E. Material Shipment

E.1 Polaris S.R.L. accepts orders only with shipment within the Italian and Swiss territory.

E.2 Dispatch of the purchased goods shall be by courier. Collection by courier is made on behalf of the customer. For each order placed on www.polarisshop.ch, Polaris S.R.L. will issue a regular INVOICE for the material sold. For the issuance of the document itself, the information provided by the customer at the time of registration or order shall be used. The cost of shipping the goods shall be borne by the customer and is explicitly highlighted when the order is placed. Payment of the goods by the customer shall be made using the method chosen when placing the order. No further expenses or commissions are due to Polaris S.R.L.. 

E.3 When collecting the goods, the customer shall check:

- that the number of packages delivered corresponds to the number indicated on the invoice;

- that the packaging is intact, undamaged, not wet or in any case altered, including the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or to the product, or the mismatch in the number of packages or indications, must be immediately contested, by affixing a WRITTEN CONTROL RESERVE (SPECIFYING THE REASON FOR THE RESERVE, e.g. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the customer may not make any objection regarding the external characteristics of the delivered goods.
Even if the packaging is undamaged, it is advisable to add the words 'withdrawal with reservation', and the goods must be checked within 48 hours of receipt.
Any hidden anomalies shall be reported in writing by registered letter with return receipt to Polaris S.R.L. Via Stelvio 24, 23020 Poggiridenti (SO) Italy. Any report received after the aforesaid terms shall not be taken into consideration.
If the courier does not mark the courier with the words 'collection with reservation', it will not be possible to initiate reimbursement procedures.
Once the courier's document has been signed, the customer may not make any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 6 days of delivery, in accordance with the procedures set out in this document.

F. Right of Withdrawal

F.1 If the customer is a consumer (i.e. a natural person purchasing the goods for purposes not related to his or her professional activity, i.e. not making the purchase by indicating a VAT number on the order form), he or she has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide an explanation and without penalty.

F.2 To exercise this right, the customer shall follow the procedure provided for by Italian law (see Article 64 et seq. of Legislative Decree 206/05). The consumer shall be entitled, within 10 days of receipt of the goods, to exercise the Right of Withdrawal.

F.3 The right of withdrawal is however subject to the following mandatory conditions:

- the right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;

- the right does not apply to: custom-made or clearly customised products;

- the purchased goods must be intact and returned in the original packaging complete in all its parts (including packaging and any documentation and accessory equipment); in order to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases the affixing of labels or adhesive tapes directly on the original product packaging must be avoided;

- shipping costs related to the return of the goods shall be borne by the customer;

- the shipment, until the certificate of receipt in our warehouse, is the full responsibility of the customer;

- in case of damage of the goods during transport Polaris S.R.L. will inform the customer of the event (within 5 working days from receipt of the goods in its warehouses), to enable him to file a timely complaint against the carrier chosen by him and to obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, at the same time cancelling the request for withdrawal;

- Polaris S.R.L. is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;

- upon its arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. Should the packaging and/or the original packing be damaged, Polaris S.R.L. will deduct from the refund due a percentage, in any case not exceeding 10% of the same, as a contribution to the restoration costs.

F.4 The right of withdrawal shall be totally forfeited, for lack of the essential condition of integrity of the goods (packaging and/or its content), in cases where Polaris S.R.L. ascertains

- the lack of the original outer packaging and/or inner packaging;

- the absence of integral elements of the product or anomalies in the product itself;

- damage to the product due to causes other than transport.

In case of forfeiture of the right of withdrawal, the goods will remain at the premises of Polaris S.R.L., at the customer's disposal for collection at his charge.

G. Privacy

G.1 The personal data requested when placing an order are collected by Polaris S.R.L. and processed on computer, in order to fulfil the obligations arising from the contract concluded with the customer and will not be under any circumstances and for any reason transferred to third parties.

G.2 Polaris S.R.L. guarantees its customers compliance with the legislation on the processing of personal data.

G.3 The data controller is Polaris S.R.L. with registered office in Via Trento, 13/H - 23100 Sondrio (SO) Italy in the person who from time to time is the legal representative, unless a person in charge is appointed. The client, at any time, has the right to revoke consent to personal data processing by written communication to be sent to the registered office of Polaris S.R.L.

G.4 Marketing communications shall only be sent with the explicit consent of the customer given together with the authorisation for processing and sending in the online registration form.

H. Complaints

H.1 Any claim shall be sent to Polaris S.R.L., Via Stelvio 24, 23020 Poggiridenti (SO) Italy by registered mail with return receipt.

I. Jurisdiction and applicable law

I.1 The sales contract between the customer and Polaris S.R.L. is concluded at where and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of Sondrio, Italy.

L. Amendments to the Conditions

L.1 The conditions contained herein may be changed by Polaris S.R.L. without prior notice and shall be valid from the date of publication on the website www.polarisshop.ch.