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The Purchaser expressly declares to make the purchase in a personal capacity and for purposes unrelated to any commercial or professional activity that may be carried out (see Art. 1.2).
The goods covered by these general conditions are offered for sale by the company
with registered office in
Milan, Via Santa Maria Podone, 5
, registered with the Milan Chamber of Commerce REA No. 0467860 and the Register of Companies with tax code and VAT No. 01333820155, P.E.C. address: firstname.lastname@example.org, hereinafter referred to as "Supplier".
The images are purely indicative and therefore the Supplier does not guarantee that they perfectly reflect the aesthetic appearance of the product purchased, which may be modified at any time. For the purpose of assessing the conformity of the order, therefore, reference will be made exclusively to the literal description of the product shown on the online sales site and in the correspondence and documents exchanged between the parties.
The expression "online sales contract" indicates the contract for the purchase and sale of the Supplier's tangible movable property, stipulated between the latter and the Purchaser as part of a distance sales system using telematic means, organised by the Supplier.
The expression "Purchaser" means the consumer, a person who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity carried out, therefore excluding people such as traders, wholesalers, retailers, professionals etc., who intend to resell the products to third parties.
The expression "Supplier" means the person indicated in the epigraph or the assignor of the goods to be sold.
ART. 2 SUBJECT MATTER OF THE CONTRACT
This contract governs the "remote" purchase and sale, through telematic means, of the goods offered for sale on the website
where, respectively, the Supplier sells and the Purchaser purchases.
ART. 3 CONTRACT STIPULATION PROCEDURES
The contract between the Supplier and the Purchaser is concluded through the Internet through the Purchaser's access to the address
where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods referred to in point 2.1 of the previous article. Each purchase transaction will be subject to the regulations of Legislative Decree no. 185/99 and any subsequent amendments and additions.
ART. 4 CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The purchase contract is concluded, and therefore takes legal effect, by means of the correct filling in of the order form on the website
and completion of the sending procedure to the Supplier, by the Purchaser.
Sending of an e-mail by the Supplier, to the Purchaser, of confirmation of receipt with:
the indication of a link to display an order summary web page,
the orderer and the orderer’s details,
the price of the goods purchased,
shipping costs and any additional charges,
the delivery time,
the terms and conditions of payment,
the required billing and delivery address.
ART. 5 PRICES
All sales prices of the products displayed and indicated on the e-commerce website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges, if any, will be indicated separately and calculated in the purchase procedure before the Purchaser submits the order and clearly indicated in the summary web page and in the e-mail confirming receipt of the order placed.
The prices indicated for each of the goods offered to the public on the website are valid only for the purchase in progress and may change at any time for orders placed after the order confirmation.
ART. 6 PRODUCT AVAILABILITY
The Supplier indicates the products available and those not available on its online sales site.
For each individual order the maximum order quantity per reference is six (6) pieces.
ART. 7 LIMITATIONS OF LIABILITY
The Supplier accepts no responsibility for inefficiencies attributable to external factors in the event that it is unable to execute the order in the time provided in the contract.
The Supplier cannot be held responsible towards the Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet network beyond its control or that of its subcontractors.
Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Purchaser as a result of non-performance of 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.
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, cheques and other means of payment, for the payment of the products purchased, if it can prove that it has taken all possible precautions based on the best science and experience of the moment and on ordinary diligence.
In no case can the Purchaser be held responsible for delays or misunderstandings in payment if he can prove that he has made the payment in the time and manner indicated by the Supplier.
ART. 8 LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS (PURSUANT TO D.LGS.206/05 OF THE CONSUMER CODE, ART. 114 AND FOLLOWING).
The Supplier is liable for damage caused by defects in the goods sold if he fails to inform the injured party, within 3 months of the request, of the identity and domicile of the manufacturer or the person who supplied him with the goods.
The above request by the injured party must be made in writing and must indicate the product that caused the damage and the date of purchase.
The Supplier cannot be held liable for the consequences of a defective product.
if the defect is due to the product’s conformity, an overriding legal rule or a binding measure,
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 or not in conformity with standards that came into force later.
No compensation shall be due if the injured party has been aware of the defect in the product and the danger that could come of it but has nevertheless voluntarily exposed himself/herself to it.
In any case the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
ART. 9 GUARANTEES AND MEANS OF ASSISTANCE
The Supplier shall be liable for any lack of conformity that becomes apparent within 2 years of delivery of the goods pursuant to Legislative Decree 24/2002.
For the purposes of this contract, consumer goods are presumed to conform when they comply with the provisions of Art 1519-ter of Legislative Decree 24/2002.
The Purchaser forfeits all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has hidden it.
In any case, unless proved otherwise, it shall be presumed that defects of conformity which become apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
In case of lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent by email to
to the Supplier who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, he will have to indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
If repair and replacement is impossible or excessively expensive, or if the Supplier has not repaired or replaced the goods within the terms referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Purchaser, the Purchaser may request, at his choice, an appropriate price reduction or termination of the contract. In this case the Purchaser shall send his request to the Supplier, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within 7 working days of receipt.
In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the reduction of the proposed price or the methods of returning the defective goods. In such cases it will be the Purchaser's responsibility to indicate the methods for the re-crediting of the sums previously paid to the Supplier.
ART. 10 OBLIGATIONS OF THE PURCHASER
The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in this contract.
The Purchaser undertakes, once the online purchase procedure has been completed, to print and preserve this contract.
The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation. The forwarding of the order therefore implies full knowledge of the Conditions of Sale and their acceptance.
ARTICLE 11 GROUNDS FOR TERMINATION
The obligations assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes and the exact fulfilment of the obligations assumed by the Supplier are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by chance or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
ART. 12 SETTLEMENT OF DISPUTES
All disputes arising from this contract shall be referred to the Milan Chamber of Commerce and settled in accordance with the Conciliation Regulations adopted by the same.
If the Parties intend to bring an action before the ordinary judicial authority, the competent court is the court of the place of residence or elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.
ART. 13 APPLICABLE LAW AND REFERRAL
This contract is governed by Italian law.
For anything not expressly provided for herein, the provisions of the law applicable to the relationships and cases provided for in this contract, and in particular Article 5 of the Rome Convention of 1980, shall apply.
Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.
ART. 13 FINAL CLAUSE
This contract repeals and replaces all previous agreements, understandings, negotiations, written or oral, between the Parties and relating to the subject matter of this contract.
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