The present General Conditions of Sale have for object the purchase of products effected at a distance through telematic net on the site “this web site” belonging to the “holder of the treatment of the data”. Every operation of purchase will be regulated by the dispositions of which to the DLgs. 185/99, DLgs. 206/05; the information directed to the conclusion of the contract will be submitted to the art. 12 of DLgs. 70/03 and, as it regards the protection of the confidentiality, will be submitted to the norm of which to the DLgs. 196/03.
Contracts for the sale of products on the site “this website” are considered concluded when the purchase order made by the customer reaches “this website” and the latter accepts it. “This website” will promptly send the customer receipt of the purchase order made by the customer. The customer, by sending his purchase order electronically, declares to have read and accepted these general conditions of contract and undertakes to observe and respect them in his dealings with “this website”.
“This website” pursuant to art. 13 of Legislative Decree 196/2003 informs you that the personal data and tax acquired even verbally in reference to business relationships established, provided directly by interested parties, or otherwise acquired as part of the company’s activities, will be processed in compliance with the regulations referred to, including the obligations of confidentiality provided for by them In relation to these may be exercised rights under Article 7 of Legislative Decree no. 196/2003.
The customer is required, before submitting your purchase order, to read carefully these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. The customer is required, finally, once the purchase process online, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.
By sending the order online, the Customer transmits to “this website” a proposal to purchase the product and/or products placed in the cart. When the Customer places an online order for the products that he/she has placed in the cart, he/she agrees to purchase them at the price and under the terms indicated in these General Conditions of Sale.
“This website” will notify the Customer of the acceptance and confirmation of the order.
The customer buys the product, whose characteristics are illustrated on-line in the relative descriptive and technical sheets, at the price indicated therein, to which the delivery costs specified on the site are added. Before the forwarding of the purchase order is summarized the unit cost of each product chosen, the total cost in case of purchase of multiple products and the related delivery costs.
Once the purchase order has been forwarded, the customer will receive from “this website” an e-mail message confirming receipt of the purchase order and containing information relating to the main characteristics of the goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.
Following the approval of Decree Law No. 223 of July 4, 2006 “manoeuvre bis” Art. 37 paragraphs 8 and 9, converted into Law 248 of August 4, 2006, which came into force on August 12, 2006, which reinstates the obligation to communicate the list of customers and suppliers in case of invoicing, and Decree Law 78 of May 31, 2010 converted into Law 122 of July 30, 2010, requires customers to communicate VAT NUMBER and / or the TAX NUMBER in the appropriate fields on the site.
The customer can make the payment due by choosing one of the following listed methods.
In the event that payment is made by bank transfer (payment currently unavailable), the goods purchased will be shipped in the manner reported in the next paragraph “Delivery of Products”, the address indicated by the customer upon receipt of credit, then within two / five days after the transfer (the timing varies depending on the credit institution used).
In order to facilitate the iter it will be able to be sent the receipt of payment united to your number order via email to the “email of reference”.
The purchased goods, together with the relevant invoice, is delivered by courier to the address specified by the customer when ordering online. Any specific needs must be proposed by the customer to “this website”.
In case of non-delivery due to the absence of the recipient, at the address specified by him in the order, the courier will leave a notice and try a second time, if the recipient is still absent, the goods will be returned to sender (“this website”).
For the purposes of this contract, consumer goods shall be presumed to conform to the contract if, where relevant, the following circumstances coexist:
(a) they are fit for the use for which goods of the same type are customarily used;
(b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
(c) they possess the quality and performance which are customary in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labelling;
d) are also suitable for the particular use intended by the consumer and that has been brought to the knowledge of the seller at the time of conclusion of the contract and that the seller has accepted even by conclusive facts.
The consumer loses any right if you do not report to the seller the lack of conformity within two months from the date on which the defect was discovered. The denunciation is not necessary if the vendor has recognized the existence of the defect or has hidden it.
In any case, unless there is proof to the contrary, it is presumed that the lack of conformity which appears within six months from the delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity. In case of lack of conformity, the consumer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of goods purchased, a reduction in the purchase price or termination of this contract, unless the request is not objectively impossible to meet or is excessively expensive for the “this website” under Article. 130, paragraph 4, of the Consumer Code.
The request must be made in writing, by registered letter with acknowledgment of receipt or by certified e-mail to “this website”, which will indicate its willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days of receipt.
In the same communication, if “this website” has accepted the request of the consumer, will indicate the method of shipment or return of the goods and the deadline for the return or replacement of defective goods. If the repair and replacement are impossible or excessively expensive, or “this website” has not provided for the repair or replacement of goods within the time limit referred to in the preceding paragraph or, finally, the replacement or repair carried out previously have caused significant inconvenience to the consumer, the latter may request, at its option, a reasonable reduction in price or termination of the contract.
The consumer must in this case make its request “this website”, which will indicate its willingness to give effect to the same, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, if “this website” has accepted the request of the consumer, will indicate the proposed price reduction or how to return the defective goods.
It will be the responsibility of the consumer in these cases to indicate how to re-credit the sums previously paid “this website”.
The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
In case the professional has not fulfilled the obligations of information on the existence, modalities and times of restitution or withdrawal of the good in case of exercise of the right of withdrawal under Article 52 of the Consumer Code, the term for the exercise of the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
In the event that the Purchaser decides to exercise the right of withdrawal, it must give notice to the seller by email to the “Email reference”. For the purposes of exercising the right of withdrawal, the sending of the communication can be validly replaced by the return of the purchased goods, provided that in the same terms. It will make faith between the parties the date of delivery to the post office or shipper.
The return of the good will still have to take place no later than 30 (thirty) days from the date of receipt of the good itself. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, however, in normal condition.
The only costs incurred by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier.
The Supplier will refund the entire amount paid by the Purchaser within 30 (thirty) days from receipt of the withdrawal notice. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are dissolved from their mutual obligations, without prejudice to the provisions of the previous points of this article.
The right of withdrawal is exercised by sending, within that period, a written notice to the address of “this website”.
If delivery of the good, the customer must return it to “this website” within 15 (fifteen) working days from the date of delivery of the good. The goods must be returned to “this website” intact and packed in its original packaging.
A copy of the order receipt must be attached to the returned product. The costs of returning the good to “this website” are charged to the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, “this website” is required to refund the sums paid by the customer.
In particular, “this website” will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer.
This operation will be carried out by PayPal refund where possible or by crediting the amount to the bank account indicated by the customer. “this website” has the right to reject any product returned in a manner different from that specified above, as well as products for which the customer has not fully paid the cost of return, or have not been complied with the procedures and time indicated for the communication of the exercise of the right of withdrawal.
In case of total or partial non-payment of the purchase price of the good “this website” reserves the right to declare pursuant to and for the purposes of art. 1456 of the Civil Code resolved this contract by sending a written notice to the electronic address of the customer.
For any possible complaint or clarification, the customer must write to the address “Reference Email”.
The customer will be contacted for clarification within 3 (three) working days from the request.
All disputes arising from this contract will be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of Florence and resolved according to the Conciliation Regulations adopted by the same.
If the Parties intend to take recourse to the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, pursuant to art. 33, paragraph 2, letter u) of the Consumer Code.
This contract is governed by Italian law.
19.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and the cases provided for in this contract are valid, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 of the Consumer Code, the regulations contained in Part III, Title III, Chapter I of the Consumer Code are hereby expressly referred to.
