The goods subject to these General Conditions are sold by the Azienda Agricola Campanella Claudio, headoffice in Via Della Collina, 5 – Saragano 06035 Gualdo Cattaneo (PG) registered at the Chamber of Commerce of Perugia at no. PG-190002 of the Register of Companies, CF no. CMPCLD56P23E229O and VAT item no. 01682590540 hereinafter referred to as “Supplier”, certified electronic mail address (PEC): firstname.lastname@example.org
1.1. The term “online sales agreement” means the sales agreement for the material goods of the Supplier concluded between them and the Buyer under a system of distance selling via telematic tools, organized by the Supplier.
1.2. The term “Buyer” means:
– 1.2.1 the natural person who buys the purchase, as defined in this agreement for purposes not related to the business or professional activity that may be carried out;
– 1.2.2 anyone who is not qualified as a consumer as a natural or legal person acting in the course of his business, trade, craft or profession, or his / her intermediary.
1.3. The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
2. Subject of the contract
2.1. With this agreement, the Seller sells and the Buyer purchases at a distance, through telematic tools, the movable property shown and offered for sale on www.colleuncinano.com.
2.2. The products mentioned in the previous paragraph are shown on the web page www.colleuncinano.com/shop.
3. Agreement Mode Conditions
The agreement between the Supplier and the Buyer terminates exclusively via the internet via the Buyer’s access to www.colleuncinano.com, where, according to the procedures indicated, the Buyer will arrive at formalizing the proposal for the ” Purchase of the goods or the agreement for the purchase of the goods referred to in point 1 of the previous article.
4. Conclusion and Effectiveness of the Agreement
4.1. The purchase agreement ends with the exact filling of the application form and the consent to the purchase manifest by means of the adhesion sent on line or by filling out the form / form attached to the electronic catalog on line at www.colleuncinano. It / payment and the subsequent submission of the form / form itself, always after displaying a printable order summary web page, which contains the details of the order and order, the price of the purchased item, the costs Shipping and any additional ancillary charges, the terms and conditions of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives from the Buyer the order will send an e-mail confirmation or a printable order confirmation and summary summary web page, which also includes the data recalled in Previous point.
4.3. The agreement is not considered perfected and effective between the parties in default than indicated in the preceding paragraph.
5. Payment and Refund Policy
5.1. Any payment by Buyer may only be effected by means of one of the methods indicated on the web page by the Supplier.
5.2. Any repayment to Buyer will be credited through one of the terms proposed by the Supplier and chosen by Buyer in a timely manner and, in the event of exercise of the right of withdrawal, as governed by Clause 13 (2) and following of this agreement, at most within 30 days of the date on which the Supplier has become aware of the withdrawal.
6. Delivery times and methods
6.1. The Supplier will deliver the selected and sorted products in the manner selected by the Buyer or indicated on the website at the time of the offer, as confirmed in the email referred to Section 4.2.
6.2. Shipment times may vary from day order to a maximum of five working days from the confirmation of the order. In the event that the Supplier is not in a position to make the shipment within that deadline but, in any case, within the time indicated below, it will be given timely notice via e-mail to Buyer.
6.3. The shipping arrangements, times and costs are clearly indicated and clearly highlighted at www.colleuncinano.com/buying-guide.
7.1. All sales prices of the products shown and indicated on the website www.colleuncinano.com/shop, are expressed in euro and constitute a public offering pursuant to art. 1336 c.c. (Italian Civil Code)
7.2. The sales prices, referred to the previous paragraph, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (eg customs clearance), if any, but not included in the purchase price, must be indicated and calculated in the purchase procedure prior to the buyer’s forwarding of the order and also contained on 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 on the catalog.
8. Products availability
8.1. The Supplier secures through the electronic system the processing and execution of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products as well as the delivery times.
8.2. If an order exceeds the quantity in the warehouse, the Supplier will, by e-mail, notify the Buyer if the good is no longer bookable or what is the waiting time to obtain the good chosen, asking if it intends to confirm the order, order or not.
8.3. The Supplier’s computer system confirms as soon as possible the order registration by forwarding to the user an e-mail confirmation, as per point 4.2.
9. Limits liability
9.1. The Supplier assumes no liability for any service charge due to force majeure if it fails to execute the order within the terms of the agreement.
9.2. The Supplier may not be held liable to the Buyer, except in the case of gross negligence or serious misbehavior, for disruptions or malfunctions related to the use of the Internet outside its control or its sub-suppliers.
9.3. The Supplier shall also be not liable for damages, losses and costs incurred by the Buyer as a result of the non-performance of the agreement for causes which are not attributable to him, since the Buyer is entitled only to the full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent and unlawful use that can be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all Possible caution based on the best
Science and experience of the moment and on the basis of ordinary diligence.
9.5. In no event shall the Buyer be liable for delays or disqualifications in payment if he proves that he has paid the same time and manner as indicated by the Supplier.
10. Damages liability, damage proof, damages compensation: Supplier’s obligations
10.1. Pursuant to art. 114 and later of the Italian Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if it fails to inform the Buyer of the damage, within three months of the request, the identity and domicile of the producer or the person who provided the goods.
10.2. This claim by the injured party must be made in writing and must indicate the product causing the damage, place and date of purchase; it must also contain the product offering in view of the product, if it still exists.
10.3. The Supplier can not be held responsible for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a measure binding, that is, whether the state of scientific and technical knowledge, at the time the producer put the product on the market, did not yet consider the product to be defective.
10.4. No compensation will be payable if the injured party was aware of the defect of the product and of the resulting danger and nevertheless voluntarily exposed it.
10.5. In any case, the injured party will have to prove the defect, damage, and the causal connection between defect and damage.
10.6. The injured party may claim compensation for damage caused by death or personal injury or the destruction or deterioration of something other than the defective product, as long as it is of a kind normally intended for private use or personal consumption and is thus mainly used by the injured party.
10.7. The damage to things mentioned in art. 123 of the Italian Consumption Code will, however, be refundable only to the extent that it exceeds the sum of euro three hundred and seventy-seven (euro 387).
11. Guarantees and Customer Service
11.1. The Supplier shall be liable for any defect of conformity which occurs within two years from the delivery of the good.
11.2. For the purposes of this agreement, supplies of consumer goods are presumed to comply with the agreement if, where relevant, the following circumstances coexist: (a) they are suitable for use where goods of the same type are normally used; (b) they conform to the description made by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; (c) they present the normal quality and performance of goods of the same type which the consumer can reasonably expect, having regard to the nature of the goods and, where appropriate, public declarations on the specific characteristics of the goods made by the seller in question; manufacturer or his agent or representative, in particular in advertising or on the label; (d) they are also suitable for the particular intended use of the consumer and have been brought to the knowledge of the seller at the time of the conclusion of the agreement and that the seller has also accepted for concluding facts.
11.3. The Buyer shall cease to have any right if he fails to report to the Seller the defect of conformity within two months from the date on which the defect was discovered. The complaint is not necessary if the seller acknowledged the existence of the defect or concealed it.
11.4. In any case, unless there is evidence to the contrary, it is assumed that the defects of conformity which occur within six months of delivery of the good already existed on that date, unless such a hypothesis is incompatible with the nature of the asset or the nature of the defect compliance.
11.5. In the event of a defect in conformity, the Buyer may ask for, alternatively and without charge, the following terms, repair or replacement of the purchased item, a reduction in the purchase price or termination of this agreement, unless the request is not objectively impossible to meet or results for the Supplier overcharging pursuant to art. 130, paragraph 4, of the Italian Consumption Code.
11.6. The request must be made in writing, by registered letter with acknowledgment of receipt or by e-mail, to the Supplier, who will indicate his / her willingness to submit the request, ie the reasons for not doing so, within seven days working from reception. In the same notice, where the Supplier has accepted the Purchaser’s request, he must indicate the manner of shipment or return of the goods as well as the deadline for the restitution or replacement of the defective good.
11.7. If repairs and replacement are impossible or excessively costly, or the Supplier has not repaired or replaced the goods within the time limit referred to above, or if the replacement or repairs previously made have had significant disadvantages to the repair, Buyer, they may, at their option, request a reasonable reduction in the price or termination of the agreement. In such a case, Buyer will have to send his request to the Supplier, which will indicate his / her willingness to do so, ie the reasons for not doing so, within seven business days of receipt.
11.8. In the same notice, where the Supplier has accepted the Buyer’s request, it shall indicate the reduction of the proposed price or the manner of returning of the defective good. In such cases, the Buyer will indicate the methods for refunding the amounts previously paid to the Supplier.
12. Buyer Obligations
12.1. Buyer agrees to pay the price of the purchased goods in the times and manner specified in the agreement.
12.2. The Buyer engages, upon completion of the online purchase procedure, to provide for the printing and retention of this agreement.
12.3. The information contained in this agreement has, however, already been viewed and accepted by the Buyer, which he acknowledges, since this passage is made mandatory prior to the purchase confirmation.
13. Right of withdrawal
13.1. In any event, the Buyer has the right to terminate the agreement without penalty and without specifying the reason within 14 (fourteen) working days from the day of receipt of the purchased goods.
13.2. In the event that the Supplier has not fulfilled the information obligations on the existence, modalities and times of restitution or withdrawal of the right in the event of exercise of the right of withdrawal pursuant to art. 52 of the Italian Consumption Code, the time limit for exercising the right of withdrawal is 90 (ninety) days and start on the day of receipt of the goods by the consumer.
13.3. In case the Buyer decides to avail of the right of withdrawal, he / she must notify the seller by registered letter with return receipt to the address via Della Collina, 5 – Saragano 06035 Gualdo Cattaneo (PG) or by fax to 0743 269005 Or by e-mail to the e-mail email@example.com, provided that such communications are confirmed by the sending of a registered mail with a return receipt to via Della Collina, 5 – Saragano 06035 Gualdo Cattaneo (PG) within 48 (forty-eight) hours later or by e-mail certified at the e-mail address: firstname.lastname@example.org.
For the purpose of exercising the right of withdrawal, the sending of the notice can validly be replaced by the return of the purchased goods, provided that they are in the same terms. The date of delivery to the post office or freight forwarder will be between the parties.
13.4. However, the redelivery of the goods must be made no later than 30 (thirty) days from the date of receivement goods. In any case, in order to be entitled to full refund of the price paid, the good must be returned intact and, in any case, in normal state of preservation.
13.5. The Buyer may not exercise such a right of withdrawal for agreement for the purchase of sealed computer audio or software products, already opened by the Buyer, as well as custom-made or clearly customized goods or which, by their nature, can not be returned or risk of deteriorating or rapidly altering; the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the Supplier is unable to control and in any other case provided for by art. 55 of the Italian Consumption Code
13.6. The sole expenses 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, unless the Supplier agrees to accept them.
13.7. The Supplier will refund the full amount paid by Buyer within 30 (thirty) days of 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 agreement shall be disconnected from their mutual obligations, subject to the provisions of the preceding paragraphs of this article.
14. Termination causes
14.1. The obligations set out in Section 12.1, taken by the Buyer, as well as the guarantee of the good end of the payment made by the Buyer with the means provided for in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so for a pact expressed, failure to fulfill only one of those obligations, if not determined by chance or force majeure, will result in the resolution of right of agreement pursuant to art.1456 (Italian Civil Code), without the need for judicial decision.
15. Buyer’s Privacy and Data Treatment
15.1. The Supplier protects the privacy of its customers and ensures that the processing of the data is in compliance with the provisions of the privacy laws pursuant to Italian Legislative Decree no. 1961.
15.2. Personal and personal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, computer and telematic form, in relation to the processing methods, with the purpose of registering the order and to activate the procedures for the execution of this agreement and its necessary communications, in addition to the fulfillment of any statutory obligations, as well as to enable effective business relationship management to the extent necessary to best perform the required service (Article 24, paragraph 1, letter b) of Italian Legislative Decree 196/2003) 22.
15.3. The Supplier agrees to treat the Buyer’s data and information in a confidential manner and not to disclose it to unauthorized persons, neither to use them for purposes other than those for which they have been collected or to transmitt to third parties.
1 General Provision of the Guarantor for the Protection of Personal Data Simplification of certain public and private obligations with respect to treatments for administrative and accounting purposes of 19 June 2008, published in the Official Gazette no. 152.
2 General provision of the Warranter for the protection of personal data practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in Official Gazette dated 21 June 2007, no. 142.
Such data may be exhibited only at the request of the judicial authority or other authorized law enforcement authorities.
15.4. Personal data will be communicated, upon signature of a confidentiality commitment, to only those delegated to carry out the activities required to execute the agreement and communicate solely for this purpose.
15.5. The Buyer enjoys the rights pursuant to art. 7 of Italian Legislative Decree 196/2003, namely the right to obtain:
(a) updating, rectification or, where relevant, integration of data;
(b) cancellation, transformation into anonymous form or blocking of data processed in violation of law, including those that are not required to be kept in relation to the purposes for which the data was collected or subsequently processed;
(c) the attestation that the transactions referred to points (a) and (b) have been made aware, including their content, of those to whom the data have been communicated or disseminated, except where such fulfillment is reveals it impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part, for legitimate reasons to the processing of the personal data concerning him, even though they are relevant to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising material or direct sale or for the purpose of market research or commercial communication.
15.6. The Buyer’s communication of his personal data is a necessary condition for the proper and timely execution of this agreement. In the absence of this, The buyer’s request cannot be met.
15.7. In any case, the acquired data will be retained for a period of time not exceeding that required for the purposes for which they were collected or subsequently processed. However, their removal will be safe.
15.8. Holder of the collection and processing of personal data, is the Supplier, to whom the buyer can send, at the company headquarters, every request.
15.9. Anything (requests, suggestions, ideas, information, materials, etc.) received by the Supplier’s mail (including electronic) will not be considered as confidential information or information, it must not violate anyone’s rights and must contain valid information, in any case, the Supplier may not be liable to any liability whatsoever on the content of the messages themselves.
16. How to archive the agreement
16.1. Pursuant to art. 12 of Italian Legislative Decree 70/2003 (Privacy), the Supplier informs the Purchaser that any submitted order is stored in digital / paper form on the server / at the headquarters of the Supplier, subject to confidentiality and security.
17. Communications and claims
17.1. Direct written communications to the Supplier and any claims will be deemed valid only if sent to the following address: via Della Collina, 5 – Saragano 06035 Gualdo Cattaneo (PG) or faxed to 0743 269005 or sent by e-mail to the following address: email@example.com. The Buyer indicates in the registration form his / her domicile, telephone number or e-mail address to which the Supplier’s communications are to be sent.
18. Disputes’ composition
18.1. All disputes arising out of this agreement will be devolved to an attempt at conciliation with the mediation body of the Chamber of Commerce of Perugia and resolved according to the settlement code of the same adopted.
18.2. If the parties intend to bring the ordinary judicial authority, the competent forum is that of the domicile or domicile of the consumer (only on Italian territory), which is indispensable pursuant to art. 33, paragraph 2, letter u) cod. cons. or the Perugia forum for anyone who can not qualify as a consumer as a natural or legal person acting in the course of his business, commercial, craft or professional activity, or an intermediary.
19. Applicable law and referral
19.1. This agreement is governed by Italian law.
19.2. Insofar as not expressly provided herein, the applicable laws and regulations applicable to the relationships and the circumstances of this pursuant are valid, and in particular Art. 5 of the 1980 Rome Convention.
19.3 Pursuant with art. 60 cod. Cons., here is explicitly referred to the discipline contained in Part III, Title III, Chapter I cod. cons.
This agreement repeals and supersedes any prior written agreement, entente, negotiation, or written agreement between the parties and relating to the subject matter of this agreement.
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Notice: this is a translation of Italian agreement, this valid for the purposes of law on italian territory.