Standard contract for ON-LINE SALE OF CONSUMER GOODS Realized in implementation of the Project pursuant to art. 9 DGAMTC Decree of the Ministry of Economic Development of 2 March 2006
TYPE CONTRACT FOR ONLINE SALE OF CONSUMER GOODS
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The assets subject to these general conditions are sold by Sani Alessandro 2A with headquarters in Pietrasanta, via Del Verde Cipollino n. 1, registered at the Chamber of Commerce of Lucca at n. LU – 212914 of the Business Register, Tax ID No. SNALSN63E02L833E VAT number no. 02284350465 hereinafter referred to as «Supplier».
1.1 The term “online sales contract” means the purchase and sale contract relating to the Supplier’s tangible movable property, stipulated between the latter and the Purchaser in the context of a distance selling system through electronic means, organized by the supplier.
1.2 The term “Purchaser” means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity performed.
1.3 The term “Supplier” means the person indicated in the epigraph or the lender of information services.
2. SUBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser acquires remotely through movable means the material movable property indicated and offered for sale on the site www.fornitore.com
2.2 The products referred to in the previous point are illustrated on the web page: www.2apremizioni.com
3. PROCEDURE FOR THE STIPULATION OF THE CONTRACT
The contract between the Supplier and the Buyer ends exclusively through the internet through the Buyer’s access to www.2apremizioni.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of the goods referred to in point 1 of the previous article.
4. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or by completing the form / form attached to the online electronic catalog at www.2apremizioni .com and subsequent submission of the form / form itself, always after displaying a printable order summary web page showing the details of the ordering and ordering, the price of the purchased good, the expenses of shipping and any additional charges, the methods and terms of payment, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2 When the Supplier receives the order from the Purchaser, it will send a confirmation e-mail or display a confirmation web page and order summary, printable, in which the retrieved data are also reported in the previous point.
4.3 The contract is not considered completed and effective between the parties in default of what is indicated in the previous point.
5. METHOD OF PAYMENT AND REFUND
5.1 Any payment by the Buyer may only be made by one of the methods indicated on the relevant web page by the Supplier.
5.2 Any refund to the Buyer will be credited by one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercise of the right of withdrawal, as governed by clause 13, point 2 and following of this contract , at the latest within 30 days. from the date on which the Supplier became aware of the withdrawal.
5.3 All communications relating to payments are made on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
6. TIME AND MODE OF DELIVERY
6.1 The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.
6.2 The delivery times may vary from the same day of the order to a maximum of 10 working days from the confirmation of the same. In the event that the Supplier is unable to ship within that period but, in any case, within the time specified in the following point, the Buyer will be promptly notified by e-mail.
6.3 The methods, times and costs of shipping are clearly indicated and well highlighted in the address www.2apremiazioni.com
7.1 All the selling prices of the products displayed and indicated on the website www.2apremiazione.com, are expressed in euros and constitute an offer to the public pursuant to art. 1336 CC
7.2 The sales prices, as per the previous point, include VAT and any other tax. Shipping costs and any additional charges (eg customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the buyer and also contained in the order summary web page.
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures through the electronic system used the processing and processing of orders without delay. To this end, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2 If an order exceeds the quantity existing in the warehouse, the Supplier, via e-mail, will inform the Buyer if the property is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order. Order or not.
8.3 The Supplier’s IT system confirms the order registration as soon as possible by sending an e-mail confirmation to the user, pursuant to point 4.2.
9. LIMITATIONS OF LIABILITY
9.1 The Supplier assumes no responsibility for disruptions caused by force majeure, if he is unable to execute the order within the time stipulated in the contract.
9.2 The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3 The Supplier will also not be responsible for damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him, as the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no case will the Buyer be held responsible for delays or inconveniences in the payment if he proves to have performed the payment in the times and ways indicated by the Supplier.
10. LIABILITY FOR FAILURE, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: THE SUPPLIER’S OBLIGATIONS.
10.1 According to the articles 114 et seq. of the Consumer Code, the Supplier is responsible for the damage caused by defects of the sold good if it fails to communicate to the injured party, within three months from the request, the identity and domicile of the producer or of the person who supplied him with the good .
10.2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3 The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4 No compensation will be due if the injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it.
10.5 In any case the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
10.6 The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided that it is normally intended for private use or consumption and so mainly used by the injured party.
10.7 Damage to things pursuant to art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11. WARRANTIES AND ASSISTANCE METHODS
11.1 The Supplier is liable for any lack of conformity which becomes apparent within two years from the delivery of the goods.
11.2 For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist:
a) are suitable for the use to which goods of the same type are normally used;
b) comply with the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
c) present the quality and usual performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, from the manufacturer or his agent or representative, in particular in advertising or labeling;
d) they are also suitable for the particular use desired by the consumer and that he was brought to the attention of the seller at the time of the conclusion of the contract and that the seller has accepted also for conclusive facts.
11.3 The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4 In any case, unless there is evidence to the contrary, it is assumed that the lack of conformity that becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the asset or the nature of the defect of conformity.
11.5 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, the repair or replacement of the purchased item, a reduction in the purchase price or the termination of this contract, unless specified below. the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the method of delivery or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7 If the repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the time limit referred to in the previous point or, finally, the replacement or repair previously carried out caused significant inconvenience to the Purchaser, he may request, at his option, a reasonable price reduction or termination of the contract. In this case, the buyer must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the reduction of the proposed price or the method of returning the defective goods. In such cases it will be the Buyer’s responsibility to indicate the methods for crediting the amounts previously paid to the Supplier.
12. BUYER’S OBLIGATIONS
12.1 The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before the purchase confirmation.
13. RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 (ten) working days, starting from the day of receipt of the purchased good.
13.2 In the event that the professional has not fulfilled the information obligations regarding the existence, methods and timing of the return or collection of the goods in the event of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
13.3 If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt. at address 2A of Sani Alessandro via del verde cipollino n. 1 – 55045 Pietrasanta Lucca or by fax to the number +39 0584 791954 or by e-mail to the e-mail address [email protected], provided that these communications are confirmed by the sending of registered letter A.R. at address 2A of Sani Alessandro via del verde cipollino n. 1 – 55045 Pietrasanta Lucca within the next 48 (forty eight) hours. The stamp of the post office on the receipt issued will be valid between the parties. For the purpose of exercising the right of withdrawal the sending of the communication may validly be replaced by the return of the purchased good, as long as in the same terms. The delivery date to the post office or to the forwarding agent will prevail between the parties.
13.4 The return of the good must in any case take place no later than 30 (thirty) days from the date of receipt of the good itself. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.
13.5 The Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to specifications or clearly personalized or which, by their nature, cannot be sent back or risk deteriorating or rapidly altering, supplying newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is not able to control and in any other case envisaged by art. . 55 of the Consumer Code.
13.6 The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier does not agree to pay them.
13.7 The Supplier will provide free reimbursement of the entire amount paid by the Buyer within the term of 30 (thirty) days from receipt of the notice of withdrawal.
13.8 Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
14. CAUSES OF RESOLUTION
14.1 The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will result in the resolution of right of the contract pursuant to art.1456 of the civil code, without the need for a judicial ruling.
15. PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PURCHASER’S DATA
15.1 The Supplier protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
15.2 Personal and fiscal personal data acquired directly and / or through third parties by the Supplier 2A of Sani Alessandro, the data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods for the purpose of registering the order and activate the procedures for the execution of this contract and the related necessary communications, as well as the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to carry out the service requested as best as possible ( Article 24, paragraph 1, letter b, Legislative Decree No. 196/2003).
15.3 The Supplier undertakes to treat as confidential data and information transmitted by the Buyer and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. These data can be shown only upon request of the judicial authority or other authorized authorities by law.
15.4 Personal data will be communicated, subject to the signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5 The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, namely: the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including data which does not need to be kept for the purposes for which the data was collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment occurs it proves impossible or involves a manifestly disproportionate use of resources with respect to the protected right. The interested party also has the right to object, in whole or in part:
For legitimate reasons, the processing of personal data concerning him / her, even if pertinent to the purpose of collection;
To the processing of personal data concerning him for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.
15.6 The disclosure of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer’s request cannot be given.
15.7 In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. They will be safely removed anyway.
15.8 The owner of the collection and processing of personal data, is the Supplier, to which the purchaser can refer to the company headquarters, any request.
15.9 Anything received by the Centre’s e-mail address (including e-mail address) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, will not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case no responsibility for the content of the messages can be attributed to the Center.
16. METHOD OF STORAGE OF THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that every order sent is stored in digital / paper form on the server / at the Supplier’s headquarters according to criteria of confidentiality and security.
17. COMMUNICATIONS AND COMPLAINTS
17.1 Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: 2A di Sani Alessandro via del verde cipollino n. 1 – 55045 Pietrasanta Lucca, or sent by fax to the number +39 0584 791954 or sent by e-mail to the following address [email protected] The Buyer indicates in the registration form his / her residence or domicile, the telephone number or the e-mail address to which the Supplier’s communications are sent.
18. SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Lucca Chamber of Commerce and resolved according to the Conciliation Rules adopted by the same.
18.2 If the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree n. 206/2005
19. APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law.
19.2 For what is not expressly provided herein, the laws applicable to the relationships and the cases envisaged in this contract, and in particular the art. 5 of the 1980 Rome Convention.
19.3 Pursuant to art. 60 of Legislative Decree 206/05, the regulation contained in Part III, Title III, Chapter I of Legislative Decree 206/05 is expressly recalled.
20. FINAL CLAUSE
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract. SHIPMENTS The goods and products purchased on the 2apremizioni.com website will be sent via the services in agreement with express courier, after they have been customized, the times for customization vary from 3 to 8 working days.
If desired, the Customer can also personally pick up the goods at the Company’s headquarters or instruct a trusted carrier.
Delivery times by courier range from a minimum of 1 to a maximum of 3 days. working from receipt of payment, excluding holidays, including islands, barring unforeseen events or delays not attributable to the 2apremizioni company. The shipment will take place within and not beyond the time necessary for customization from 3 to 8 working days starting from the date of receipt of payment of your online order. The Company does not take responsibility for delays attributable to the courier and in no case can it be held responsible. Delays in deliveries do not entitle the Customer to refuse delivery of the products, nor to demand compensation or compensation of any kind.
Upon delivery of the goods by the courier, the Customer is required to check that the number of packages corresponds to what is indicated in the courier’s Waybill and that the packaging is intact, not damaged or altered, even in the closing materials . Any damage or mismatch in the number of packages must be immediately reported to the courier, adding the word “accepted with reservation of goods” on the document and confirmed immediately by fax or e-mail to our office.
Attention: if the goods are accepted without affixing the necessary wording, they will not be able in any way to claim, in a second moment, any shortages or damages due to transport.