The goods to which the present general conditions relate are offered for sale by sole proprietorship De Benedetto Rossella at Montefredane (AV), Via Piante 43 83030, VAT n°02820220644.
The term "online sales contract" refers to a contract of sale relating to tangible movable property belonging to the Supplier, which is entered into by this party and the Purchaser in a distance selling environment, using telematic means, managed by the Supplier. The term "Purchaser" refers to the consumer as a natural person who performs the purchase, to which this contract relates, for purposes unrelated to commercial or professional activities in which they are potentially involved.
The term "Supplier" refers to the subject who performs the sale of the goods to which the present contract relates
2) OBJECT OF THE CONTRACT
By means of the present contract, the Supplier sells and the Purchaser acquires, respectively, remotely via telematic means, only the tangible movable property indicated and offered for sale on the site www.ventirefilari.com.
3)CONCLUSIONE OF THE CONTRACT The contract between Supplier and Purchaser is conducted exclusively over the internet following the Purchaser accessing the address of the site www.ventitrefilari.com, if, by following the procedures outlined, the Purchaser formalises an offer for the purchase of the goods offered for sale.
4)EFFECTIVENESS AND CONCLUSION OF THE CONTRACT The purchase contract is conducted by means of irrevocable order by the Purchaser through the compilation and online sending of the order form, visible on the order summary web page and printable,on shop.ventitrefilari.com, which lists all of the customer's details and those of the order, the cost of the goods purchased and the shipping cost, methods and terms of payment, the address to which the goods will be delivered. When the Supplier receives the order from the Purchaser he will send a confirmation e-mal and/or provide for the visualisation of a confirmation and summary web page, printable, in which the information inputted by the purchaser on the order form is listed. The contract is considered to be have been processed and is effective between the parties only upon execution of the order and issue of the relevant invoice. Until that moment, the Supplier retains the right to refuse the order.
5)METHOD OF PAYMENT AND REIMBURSEMENT
Each payment by the Purchaser will only take place through one of the methods indicated in the web page by the Supplier. Any refund will be credited to the Purchaser by one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in the case of exercising the right of withdrawal, as governed by this agreement, at the latest within 30 days. The date on which the Supplier is aware of the withdrawal. Any communication relating to payments are made on a special line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of encryption security and in compliance of the provisions of current regulations regarding data protection.
6)DELIVERY TIMES AND METHOD
The Supplier will send the ordered products with the mode choises on the site. Order fulfillment time may vary, from 5 day to a maximum of 10 working days from the time of the order. Where the Supplier is not in a position to send the goods within the time frame specified, timely notice will be given via e-mail to the Purchaser, specifying the time by which the order will be fulfilled. Delivery times may vary depending on the delivery Country and other factors not directly subject to the control of the Supplier and not attributable him. The Supplier ships using SDA.
All product sales prices advertised and indicated on the internet site ww.ventitrefilari.com/shop are expressed in euro (€) and constitute an offer to the public in accordance with art. 1336 c.c. The prices include VAT and all other charges relative to delivery within EC territory. Shipping costs are indicated and calculated during the purchase process prior to the placement of the order by the Purchaser and further listed on the fulfilled order summary page. The prices indicated corresponding to each of the goods offered to the public are valid up to the moment in which the order is placed and indicated on the order summary page
8) PRODUCT AVAILABILITY
The supplier, by means of the telematic system used, ensures that the order will be processed and executed without delay. In the event that an order exceeds the quantity available in the warehouse, the Supplier, will advise the Purchaser, via e-mail, as to whether the product is no longer available for order or as to the waiting times for relative to the chosen product, and request confirmation as to whether he wishes to proceed with the order
9) LIMITATIONS OF RESPONSIBILITY
The Supplier does not accept any responsibility for poor service attributable to acts of God, in cases where it is not possible to execute the order in the times foreseen by the contract. The Supplier will not be held Responsible towards the Purchaser, except in cases of fraud or serious misconduct, for poor service or malfunction relating to use of the internet which is outside his control or the control of his sub-suppliers. The Supplier, furthermore, is not responsible for damages, losses or costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him; the Purchaser is only entitled to a full refund of the price paid. The Supplier assumes no responsibility for any fraudulent and illicit use by third parties of credit cards, for the payment of the purchased products where he can demonstrates that he employed all ordinary cautionary measures available to him and in keeping with normal diligence. Every imperfection seen on the bottle , comes on handcrafted customization of the product , performed by local glassmakers , and therefore not attributable to a defect. Any publicity carried out by customers and on some other person, are the responsibility of the customer himself .
10) RESPONSIBILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER
The Supplier will not be held responsible for consequences deriving from a defective product if the defect is due to the product conformity, a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge, at the moment in which the producer released the product, did not allow for it to be considered defective. No compensation will be owed where the damaged party is aware of the product's defect and of the danger which derives from it, or in the case that he voluntarily exposes himself to that danger. In all cases the damaged party must prove the defect, the damage and the causal link between the defect and the damage. The damaged party may request compensation for damages resulting in death or bodily injury or the destruction or deterioration of a thing other than the defective product, provided that it is of a sort normally destined for private use or consumption and therefore principally used by the damaged party. The damage to things referred to in art. 123 of the consumer code will be, in any event, recompensable only where it exceeds the sum of three hundredand eightyseven euro (387 euro).
11) GUARANTEES AND METHOD OF ASSISTANCE
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 fit for the purposes for which goods of the same type are normally used ; b ) comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model ; c ) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect , given the nature of the property and , where appropriate , public statements on the specific characteristics of the goods made about them by the seller, the the manufacturer or his agent or representative, particularly in advertising or labeling; d) are also be suitable for use particular wanted by the consumer and are both he made a knowledge of the seller at the moment of conclusion of the contract and that the seller has accepted for conclusive facts.
The Buyer loses all rights if he does not inform the seller of the lack of conformity within a period of eight days from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed it. In any case, unless proved otherwise, it is assumed that the lack of conformity, become apparent within six months of delivery of the goods already existed on that date unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. In case of lack of conformity, the Purchaser may ask, either without charge, under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code. The request should be sent in writing, by registered mail, to the Supplier, which will indicate their willingness to act on your request, or the reasons that prevent him from doing so, by seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, will have to indicate the method of delivery or return of the property as well as the deadline for return or replace the goods defective. If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred or, finally, the replacement or repair carried out previously have caused significant inconvenience to the Buyer, or he can ask, at its option, a fair price reduction or termination of the contract. The buyer will then have to send their request to the Supplier, which will indicate their willingness to act the same, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, where the Supplier has accepted the request of the Purchaser, shall specify the reduction in the price proposal or how to return the defective goods. In such cases it will charge Purchaser indicate how the crediting of amounts previously paid to the Supplier.
12) OBLIGATIONS OF THE PURCHASER
The Purchaser undertakes to pay the price of the goods purchased in accordance with the times and methods indicated in the Contract. The Purchaser undertakes, upon conclusion of the online purchase process, to print and conserve the web page which carries details of the order. The information contained in this contract has, furthermore, already been viewed and accepted by the Purchaser, who acknowledges it, as at the moment of finalising the order a referral to the present web page appears.
13) CAUSES OF RESOLUTION
The bonds referred to in paragraph 12, taken by the Buyer, as well as security for the payment to the Purchaser with the media in art. 5, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6 are essential, so that by express agreement, the failure of even one of these obligations, if not caused by accident or force majeure, will result in the resolution of the contract under 1456 cc, without any judicial decision.
14) PROTECTION OF CONFIDENTIALITY AND HANDLING OF PURCHASER'S DATA
The Supplier undertakes to protect the privacy of his Purchasers and guarantees that data is handled in conformity with the regulations on privacy referred to in D.Lgs. 30 June 2003, n. 196. Personal and fiscal data acquired directly and/or through third parties by the Supplier, will be collected and handled in paper, computer or telematics form, relative to the methods of handling with a view to registering the order and activating the processes for the execution of the present contract and necessary communication relative to it, as well as the fulfillment of any legal obligations, and allowing an effective management of commercial relations to the degree necessary to best manage the service required (art. 24, comma 1, lett. b, D.Lgs. n. 196/2003). The Supplier undertakes to handle data and information provided by the Purchaser with confidentiality and to not reveal them to unauthorised persons, or use them for reasons other than those for which they were collected, or transmit them to third parties. This data may only be divulged at the request of legal authorities or other legally authorised parties. Personal data shall be communicated, following the undersigning of an undertaking of confidentiality with regard to it, only to persons charged with performing the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose. The Purchaser enjoys the rights referred to in art. 7 of the D.L.vo 196/03, that is the right to obtain: a) updates, rectification or, where appropriate, the integration of data; b) cancellation, transformation into anonymous form or a block on the data handled in violation of the law, including that for which conservation is not necessary for the reasons for which the data was collected or subsequently handled; c) certification that the operations referred to in letters a) and b)and their contents have been brought to the attention of those to whom the data has been communicated or spread, except in the case that fulfillment of this is impossible or requires an effort manifestly disproportionate to the right protected. The interested party also has the right to oppose, completely or partially: i) for reasons legitimate to the handling of personal data that regards him, where pertinent to the objective of the collection; ii) to the handling of personal data which regards him with a view to sending advertising or direct sales material or for reasons of market research or commercial communication. Communication of the Purchaser's personal data is a necessary condition for the correct and timely execution of the present contract. Without it, the Purchaser's request cannot be fulfilled. In any event, the data acquired will be conserved for a period of time no greater than that necessary to the objective for which it has been collected and subsequently handled. Its removal will occur in a secure manner. The party in charge of the collection and treatment of personal data is the Supplier, to whom the Purchaser can direct all requests to the company headquarters. All communication that arrives to the postal address of the Centre (requests, suggestions, ideas, information, material etc) will not be regarded as information or data of a confidential nature, must not violate the rights of others and must contain valid information which is not harmful to the rights of others and factual, in any case the Centre accepts no responsibility for the content of the messages themselves.
15) METHOD OF ARCHIVING THE CONTRACT
In accordance with art. 12 of the D.L.vo 70/03 the Supplier informs the Purchaser that all orders are conserved in digital form on the server which hosts the site in accordance with confidentiality and security criteria.
16) COMMUNICATIONS AND COMPLAINTS
Written communication directed to the Supplier and any complaints will be considered valid only when addressed to De Benedetto Rossella, via Piante 43, 83030 Montefredane (AV); or send us an email to email@example.com. The Purchaser indicates in his registration form the residence or domicile, telephone number or e-mail address to which he wishes to receive communication from the Supplier.
17) SETTLEMENT OF DISPUTES
For all disputes arising from the present contract in which the Parties intend to adhere to Ordinary Judicial Authority, jurisdiction resides with the authorities in the Supplier's place of residence.
18) RELEVANT LAW AND COURT
This agreement is governed by the Italian Law. Although not expressly provided, apply the rules of law applicable to the relationship and the circumstances described in this agreement, and in particular Article. 5 of the Rome Convention of 1980. According to the Article. 60 of Legislative Decree 206/05, it is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Legislative Decree 206/05
19) RIGHT OF WITHDRAWAL
According with Legislative Decree n. 206/05, the consumer is entitled to withdraw from the contract without loss and without having to explain. To exercise this right, the consumer must send sole proprietorship of De Benedetto Rossella, a communication within 10 working days with effect from the date of delivery of the goods. Such notice shall be sent by email at firstname.lastname@example.org.
Modalità of Withdrawal: • The purchased, intact, will be sent to the supplier within 10 working days of notification of withdrawal. • While the shipment from the Supplier to you is under the responsibility of the Supplier, in this case the shipment until the certificate of receipt in our warehouse is charged to the consumer and for the costs of returning it to the liability for damage, theft or loss of goods returned uninsured. • The supplier will refund the consumer the amount paid for the good and for the costs of spedizone, as quickly as possible and no later than 30 days of return of goods, by transfer of the amount charged to the credit card and paypal.Il right of withdrawal in case of: • Lack of product components; • Damage to the product for reasons other than transportation • Acquisition by customers with VAT number or who are not identifiable as consumers
20) FINAL CLAUSE
This agreement repeals and replaces any agreement, understanding, negotiation, written and oral, previously intervened between the parties concerning the subject of this contract.
A - I DO NOT ACCEPT THE TERMS ABOVE INDICATE
B - I ACCEPT THE CONDITIONS ABOVE