General conditions of B2C sales (Italian Legislative Decree no. 518 of 29 May 1992)

 

General conditions of B2C sales

 

Bottega Conticelli di Conticelli Stefano SRL with registered office in Contrada Torraccia – 05013 Castel Giorgio (TR), VAT number 01367960554, in the person of the legal representative, Stefano Conticelli, tel. +39 0763 627971, e-mail info@bottegaconticelli.it (hereinafter the “Seller”)

 

Whereas:
– the Seller manages the website www.bottegaconticelli.it (hereinafter the “Website”);
– the website is to be used for commercial transactions between a business and a consumer (B2C);
– the website assures the meeting of supply and demand of the products specified under point c) of Art. 1 and purchase and sale contract can thus be stipulated on-line;
– the expression “General Conditions of Sale” means the purchase and sale contract relative to the goods of the Seller stipulated by it and the Buyer under the scope of a remote sale system organised by the Seller;
– for said contract, remote communication technology will be used over the internet;
– purchases made within the website by buyers are regulated by these General Conditions of Sale;
– the Buyer has the status of a consumer, thereby meaning the natural person making the purchase, pursuant to this contract, for purposes not relating to any commercial or professional activity as may be carried out;
– this contract – and the conditions envisaged herein – only regard B2C sales made to a Buyer/Consumer, as specified in the line above;
– all contracts will be stipulated directly through the Buyer accessing the website located at www.bottegaconticelli.it where, by following the procedures indicated to access the reserved area of the website dedicated to on-line trading;
– the website brand and logo are the exclusive property of the Seller;
– in drafting these General Conditions, standard terms have been adopted as used in information technology and, therefore, in the event of any disagreements as to their interpretation or meaning, consideration will be given to the information provided by major publications of specialised literature in the matter;
– these recitals are an integral and substantive part of the contract;

 

the following is agreed:

 

1. Definitions
1.1 In these General Conditions of Sale, the following terms have the meanings set out hereto:
a) “on-line contract of sale” means the remote contract stipulated by a Sellers and a Buyer end consumer, through a sale system organised by the Seller, which uses the remote communication technology called the internet;
b) “Seller” means the Seller, as defined previously in this contract, which will manage the Website, selling the products indicated at the point below directly to users (Buyers);
c) “Products” means only the goods and/or services featured in the Website electronic catalogues;
d) “Buyer” means the end consumer-customer who is authorised to operate on the Website to purchase the products, in the manner indicated in these general conditions;
e) “Consumer” means the natural person buying goods and services for purposes that are not directly or indirectly linked to any professional activity;
f) the “Parties” are the Seller and the Buyer referred to jointly;
g) “Website” is the Website, as defined previously in this contract, through which on-line purchases can be made;
h) “Price” is the price of sale of each product.

 

2. Subject of the contract
2.1 These general conditions, which are made available to the Buyer for copying and keeping, in accordance with Art. 12 of Italian Legislative Decree no. 70 of 09 April 2003, concern the purchase of products, made from a remote position and by means of a telematic network, via the Website belonging to the Seller.
2.2 By this contract, respectively, the Seller sells and the Buyer buys from a remote position, the goods and/or services specified below.
2.3 The goods and/or services concerned by this contract are all the products chosen by the Buyer and added to the virtual basket, following the on-line purchase procedures set out on the Website.
2.4 The products and/or services pursuant to the point above are explained on the web pages at the relevant section of the Seller’s Website.
2.5 The Seller undertakes to supply all products indicated hereafter upon payment of a price pursuant to Art. 4 of this contract.

 

3. Acceptance of the conditions of sale
3.1 These general conditions are valid from the date on which this contract is stipulated and may be updated, supplemented or amended at any time by the Seller, which will notify this through the Website pages and such updates/amendments and/or supplements shall have effect for any future purchases.
3.2 Confirmation of the order and completion of the purchase procedure takes place when the Buyer receives the order confirmation, complete with summary, at the e-mail address specified when filling in the electronic form featured on the Website.
3.3 These General Conditions of Sale need to be examined carefully by the Buyer before completing the purchase. Sending confirmation of the purchase order therefore implies complete knowledge and acceptance of such.
3.4 In sending confirmation of the purchase order, the Buyer unconditionally accepts and undertakes to observe, in all relations with the Seller, the general and payment conditions as explained hereto, declaring that he has read and accepted all indications given to him in accordance with the above regulations, also noting that the Seller is not bound to any other conditions unless agreed in advance, in writing.
3.5 Sales are regulated for the consumer by the provisions pursuant to Italian Legislative Decree no. 206 of 06 September 2005, whilst the protection of privacy is subject to the provisions of Italian Legislative Decree no. 196 of 30 June 2003, as subsequently amended and supplemented.
3.6 Acceptance of the conditions of sale should be expressed through the exact filling in of all sections of the electronic form, following the instructions given on screen and, lastly, accordingly accepting the boxes with the text ACCEPTANCE OF THE CONDITIONS OF SALE and PRIVACY INFORMATION.

 

4. Purchasing procedure and prices of sale
4.1 The products, prices and conditions of sale feature don the Website are in euros and constitute a public offer for the consumer.
4.2 The prices of sale pursuant to the point above do not include VAT or any other tax, nor the cost of postage to the domicile specified by the Buyer on the order. Postage costs will in any case be disclosed to the Buyer upon confirming the order and may vary depending on the product and delivery location.
4.3 All Buyers may pay for goods ordered using the following methods of payment, as indicated on-line at the time of purchase:
– bank transfer;
– PAYPAL by credit card.
4.4 Receipt of order is immediately binding on the Seller, which will thus be obligated in accordance with and pursuant to these conditions of sale.
4.5 The Buyer specifically grants the Seller the faculty to accept the order placed partially (for example if not all products ordered are available). In this case, the contract is intended as stipulated in connection with the goods actually sold.
4.6 The Buyer specifically declares that the purchase is made for purposes unrelated to any commercial or professional activity.

 

5. Stipulation of the contract
5.1 The Contract stipulated by means of the Website is intended as stipulated when, via the Website, the Buyer submits his order to the Seller, which receives it. The Contract is stipulated in the place where the Seller’s registered office is situated.
Art. 6. Delivery terms
6.1 The Seller shall deliver to the Buyer, at the address specified by him, the products chosen and ordered, in the ways specified at the Articles above, by means of its trusted courier and/or shipper. Delivery will be made within days , as indicated on the confirmation of order.
6.2 If the Buyer is out, a notice will be left giving instructions on how to contact the courier or shipper to agree on when to deliver.
6.3 The Seller shall not be held liable for any late or failed delivery due to force majeure or Act of God.
6.4 Upon receipt, the Buyer shall verify that the product delivered to him is consistent with the order placed; only once this verification is complete will the delivery documents be stipulated, clearly without prejudice to the right of withdrawal envisaged under Art. 10 of these conditions. The right of withdrawal is excluded if the goods sold were “tailor-made” for the customer.
6.5 The Buyer can choose another carrier; clearly, in this case, it is agreed that transport shall be made at its own risk, care and expense and that payment must be made ahead of delivery.
6.6 The Buyer can choose another carrier; clearly, in this case, it is agreed that transport shall be made at its own risk, care and expense and that payment must be a made ahead of delivery.

 

Art. 7. Liability
7.1 The Seller accepts no liability for the delayed or failed delivery of the goods as a result of force majeure, such as incidents, explosions, fires, strikes and/or lock-downs, earthquakes, flooding and other similar such events that may entirely or partially make it impossible to fulfil the contract in the agreed time frame.
7.2 The Seller shall not be liable with regards to any party or third party for any damages, losses and costs suffered following failure to fulfil the contract for the above reasons; the consumer’s only right shall be to have any price paid duly refunded.
7.3 The Seller guarantees that the Products featured in the electronic catalogues are freely available for purchase and not encumbered by pledges or mortgages. In any case, the provisions of the Italian Civil Code relating to purchases and sales, shall apply.

 

Art. 8. Warranties and assistance
8.1 The Seller only sells original products of high quality. It offers a two-year warranty from delivery; this runs from the date on which the goods are purchased.
8.2 Any non-conformity shall be subject to the provisions pursuant to Italian Legislative Decree no. 206 of 06 September 2005. Any flaws must be reported within 8 days of discovery; if not, the Buyer forfeits his warranty right.
8.3 All products are the result of a creation to meet specific requirements and needs as expressed by the individual customer; they can be customised after development but not returned.

 

Art. 9. Obligations of the Buyer
9.1 The Buyer undertakes and commits, once the purchasing procedure is complete, to print out and keep these general conditions, which, moreover, he will already have read and accepted as a compulsory part of the purchase, together with the specifications of the product purchased, so as to fully meet the condition pursuant to Italian Legislative Decree no. 206 of 06 September 2005.
9.2 The Buyer may not enter false and/or invented and/or imaginary data in registering with the specific electronic form; the personal data and e-mail address must be exclusively his own actual personal data and not that pertaining to third parties or invented. The Buyer therefore accepts full responsibility for the precision and truthfulness of the data entered into the electronic registration form in order to complete purchase of the products.
9.3 No individual can register twice and no third party data must be entered. The Seller reserves the right to take legal action against any violation or abuse in the interests of and to protect all consumers.
9.4 The Buyer relieves the Seller of all liability deriving from the issue of incorrect tax documents due to errors relating to the data supplied by the Buyer, as the latter is the only party responsible for its correct entry.

 

Art. 10. Right of withdrawal
10.1 In accordance with Articles 64 and 67 of Italian Legislative Decree no. 206 of 06 September 2005, except for “tailor-made” goods, the Buyer may exercise his right of withdrawal, obtaining reimbursement of the price paid, by returning the item received in its original packaging, without tampering with any warranty seal or simply opening and/or damaging the outer packaging. More specifically, for contracts regarding the sale of goods, if they have been delivered, the goods to be returned must substantively be intact in order to exercise the right of withdrawal. It shall in any case suffice that the goods are returned in normal storage condition, i.e. having been looked after and potentially used with standard due diligence. This is without prejudice to the provisions on the exclusion of the right of withdrawal for some categories of goods and services envisaged by Art. 55 of the Consumer Code.
10.2 Any Buyer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 working days of the date on which the goods purchased are received. For services, the terms of 14 days shall run from the date on which the contract is stipulated.
10.3 In order to exercise the right of withdrawal, in lieu of the specific communication to this end, the Buyer need merely return the goods within the terms indicated under point 10.2, as envisaged in the offer. All and any costs for returning the products are paid by the Seller; to this end, directly or by other means, the Buyer shall deliver them to the domicile indicated by the Seller. The Seller shall accept the goods returned, reserving the right to verify that the products have been returned in their original condition and with their original packaging.
10.4 Any Consumer exercising the right of withdrawal in compliance with that established herein, shall be refunded the amounts already paid within 30 days and in any case no later than 30 days from the date on which the Seller (or service provider) became aware that the Consumer had exercised his right of withdrawal.

 

Art. 11. Termination of the contract
11.1 The obligations accepted by the Buyer pursuant to Art. 9 (Obligations of the Buyer) and the guarantee of successful payment, are essential; this means that it is expressly agreed that breach by the Buyer of even just one of these obligations shall result in the automatic termination of the contract pursuant to Art. 1456 of the Italian Civil Code, with no need for any legal ruling in this respect, without prejudice to the right of the Seller to take legal action to obtain compensation for greater damages.
11.2 In accordance with Art. 1456 of the Italian Civil Code, the party intending to terminate the contract shall notify the other party by means of a letter sent recorded delivery with advice of receipt or certified e-mail, specifying the reason for such; the effects of the termination shall apply as from the date of receipt of the notice of termination resulting from the receipt returned to the terminating Party and the Buyer shall only be entitled to have any amounts already paid, refunded.

 

Art. 12 Communication
12.1 Without prejudice to the cases expressly indicated – or established by legal obligations – communication between the Seller and the Buyer shall for preference take place by e-mails sent to the respective electronic addresses; both parties shall consider this a valid means of communication and their production as evidence in a court of law shall never be disputed merely on the grounds that they are computerised documents.
12.2 Either party may change their e-mail address at any time for the purpose of this Article, as long as they promptly notify the other party in the manner established under the paragraph above.

 

Art. 13. Personal data processing
13.1 By signing this contract, the Buyer, in accordance with Italian Legislative Decree no. 196 of 30 June 2003, gives express, informed consent to his data being processed as envisaged by said Decree.
13.2 More specifically, the Buyer is informed that:
a) his data supplied is required for the fulfilment of this contract and the provisions of statutory and tax law;
b) any refusal to supply said data shall result in the contract not being stipulated;
c) he may exercise, at any time, the rights pursuant to Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003.
13.3 The Data Controller is , as specified above, in the person of the pro tempore legal representative, Mr . The rights pursuant to Article 7 are exercised by informal request submitted to the Controller by sending a simple e-mail to the address of the Seller, who shall communicate any changes in its data to the same address.

 

Art. 14. No transfer
14.1 The contract cannot be transferred to any third parties; in this event, it may be terminated immediately.

 

Art. 15. Jurisdiction and Competent Court
15.1 Any dispute relating to the application, enforcement, interpretation and breach of purchase contracts stipulated “on-line” by means of the Seller’s website shall come under Italian jurisdiction, also in accordance with the provisions of Art. 3 of the Convention of 19 June 1980, no. 80/934/EEC (Rome Convention) on the law applicable to contractual obligations; these general conditions refer, for all aspects not specifically envisaged therein, to Italian Legislative Decree no. 206 of 06 September 2005 (the Consumer Code).
15.2 The parties undertake to seek a fair, amicable solution to any dispute as may derive from or be connected with this contract.
15.3 If the dispute cannot be solved amicably, and in any case within six months of the date on which it started, it shall be submitted to the exclusive consideration of the court in whose district the Buyer/Consumer has his place of domicile, in accordance with the provisions of Italian Legislative Decree no. 206/05; if the Buyer is not an end consumer, it is agreed that any dispute, including by way of derogation from the rules on territorial competence, shall be submitted to the exclusive competence of the Court of Terni.

 

Art. 16. Final clauses
16.1 This contract abrogates and replaces all other written or oral negotiation, agreement or understanding reached previously by the parties concerning the subject of this contract.

 

Art. 17. Applicable law and reference.
17.1 This contract is governed by Italian law.
17.2 For all aspects for not specifically regulated herein, the provisions of law shall apply as applicable to the relations and events covered by this contract and, in any case, the provisions of the Italian Civil Code and Italian Legislative Decree no. 206 of 06 September 2005 (the Consumer Code).

EXPRESSION OF CONSENT VIA THE WEBSITE
Acceptance is confirmed by checking the electronic box marked “I accept the conditions of sale” when making the purchase on the Website.

 

BUYER ACCEPTANCE OF THE GENERAL CONDITIONS

In accordance with and pursuant to Articles 1341 and 1342, the Buyer declares that he has carefully read the contract and expressly approves the following clauses:
Art. 4 (Purchasing procedure and prices of sale)
Art. 5 (Stipulation of the contract)
Art. 6 (Delivery terms)
Art. 7 (Liability)
Art. 8 (Warranties and assistance)
Art. 9 (Obligations of the Buyer)
Art. 11 (Termination of the contract)
Art. 13 (Personal data processing)
Art. 15 (Jurisdiction and Competent Court)
Art. 17 (Applicable law and reference).