CONTRACT FOR THE ON-LINE SALE OF CONSUMER GOODS
The buyer expressly declares to make the purchase for purposes unrelated to business or professional activity pursued.
The goods object of the general conditions are sold by DYSGAB (with legal owner Andrea Lottini) with head office/Filial in Rignano sull'Arno, Località la Villa 66, Florence and registered at the Chamber of Commerce of Florence at n. FI_399164 of the Business Register, tax code 06863690480, VAT number 06863690480 indicated below as <<Supplier>>.
1.1 The wording <<contract for the on-line sale>> , means the contract of trade related to the Supplier’s movable tangible property, concluded between the latter and the Buyer in the context of a sales system at a distance via electronic means, organized by the Supplier.
1.2 The wording <<Buyer>>, means the consumer natural person who makes the purchase, of which under this contract, for purposes unrelated to business or professional activity eventually pursued.
1.3 The wording <<Supplier>> means the subject mentioned in the headnote i.e. the subject provider of information services.
2) OBECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Buyer buys at a distance via electronic means the movable tangible goods shown and offered on sale on the website www.mhateria.it
2.2 The products that have been discussed above are illustrated in the web page: www.mhateria.it/catalogo
3) METHOD OF CONCLUSION FOR THE CONTRACT
The contract between the Supplier and the Buyer has to be concluded exclusively through the Internet by the access of the Buyer to the address www.mhateria.it , where, following the procedures indicated, the Buyer will get the formalization of the offer for the purchase of the goods the contract for the purchase of the goods of which in point 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1The purchase contract has to be concluded by the exact compilation of the application form and the purchase agreement expressed by the adherence sent on line or rather with the compilation of the form attached to the electronic catalogue on line to the address www.mhateria.it/ordini and the following sending of the form itself, always after viewing a summary web page of the order, printable, in which are reported the extremes of the payer, the price of the purchased good, the shipping fees and the eventual further incidental expenses, the payment terms and conditions, the address the good will be delivered to, the shipping times and the existence of the right of withdrawal. 4.2 When the Supplier receives the ordination from the Buyer he provides for the sending of a confirmation e-mail or for the visualization of a confirmation and order summary web page, printable, in which are also reported the data retrieved in the previous step.
4.3 The contract is not considered as perfected and effective between the parties at default as indicated in the previous step.
5) METHOD OF PAYMENT AND REFUND
5.1 Every payment made by the Buyer can occur only by means of one of the methods indicated in the special web page by the Supplier.
5.2 Every eventual refund to Buyer will be accredited by one of the arrangements proposed by the Supplier and chosen by the Buyer, in a timely manner and, when exercising the right of withdrawal, as governed by the clause 13, paragraph 2 and following of the present contract, at the latest within 14 days from the date on which the Supplier is aware of the termination itself.
5.3 All of the communications relating to the payments take place on a specific Supplier’s line protected by the encryption system. The Supplier guarantees the retention of this information through a further level of security encryption and in observance of the provisions of current legislation on protection of personal data.
6) TIME AND MODES OF DELIVERY
6.1 The Supplier will provide the delivery of the products selected and ordered, with the arrangements chosen by the Buyer or indicated on the web site at the time of the offer of the good, as confirmed in the e-mail of which in step 4.2.
6.2 The shipment time can change from the day of the order to at least 30 working days from the confirmation. In case the Supplier will not be able to make the shipment within that period but, however, within the one indicated in the following step, the Buyer will be warned immediately by e- mail.
6.3 The modes, the time and the shipping cost are clearly indicated and well pointed out to the address www.mhateria.it/modalità/costi,tempi,ordini.
7.1 All of the selling prices of the products exposed and indicated into the web site www.mhateria.it /catalogo, are expressed in Euros and they are offered to the public in accordance with article 1336 c.c.
7.2 The selling prices, of which in the previous step, include VAT and any other taxes. The shipping costs and any additional charges (ex. Customs clearance), if present, while not include in the purchase price, have to be pointed out and calculated in the purchase process prior to the forwarding of the order by the Buyer and also contained into the summary web page of the order.
7.3 The prices indicated in correspondence of every good offered to the public are valid until the date shown in the catalog.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier guarantees the elaboration and execution of orders without delay. For this purpose the Supplier shows in real time, in the electronic catalogue, the number of available and unavailable products, as well as the shipping time.
8.2 If an order exceeds the amount present in the stock, the Supplier, via e-mail, will let the Buyer know if the good is no more bookable or else how long is the waiting time to get the chosen good, asking if he wants to confirm the order or not.
8.3 The Supplier’s computer system confirms in the shortest possible time the successful registration of the order forwarding the user a confirmation by e-mail, in accordance with point 4.2.
9) LIMITATION OF LIABILITY
9.1 The Supplier does not assume responsibility for disruptions caused by force majeure, if he fails executing the order within the time stipulated in the contract.
9.2 The Supplier won’t be liable to the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunction associated with the use of the Internet outside of his control or of his sub-suppliers.
9.3 Moreover, the Supplier won’t be liable for damages, losses and costs incurred by the Buyer following the breach of contract for reasons not attributable to him, having the Buyer only the right of full restitution of the price payed and any additional charges payed.
9.4 The Supplier does not assume responsibility for any fraudulent and illicit use that can be done by a third party, of the credit cards, checks and other means of payment, upon the payment of the product purchased, if he proves that he took all the possible clauses based on the best knowledge and experience of the moment and according to ordinary diligence.
9.5 Under no circumstances the Buyer can be held responsible for delays and mistakes in the payment if he demonstrates that he have executed the payment itself within the time and ways pointed out by the Supplier.
10) DEFECT LIABILITY, PROOF OF DAMAGE AND RECOVERABLE DAMAGES: THE SUPPLIER’S OBLIGATIONS
10.1 The supplier must refund all payments received from the consumer - inclusive of any shipping costs of the goods incurred during the purchase.
10.2 In accordance with articles 114 and following of the Consumer Code, the Supplier is liable for damage caused by defects of the sold good if he omits communicating to the injured party, within three months of the request, the identity and the domicile of the producer or of the person who supplied the good.
10.3 This request, by the injured party, has to be done by writing and has to point out the product that caused the damage, the place and date of the purchase; furthermore, it has to carry the offer in view of the product, if still existing.
10.4 The Supplier won’t be responsible for the consequences resulting from a defective product if the defect is due to the product’s conformity, to a standard legal imperative or to a binding measure, or rather if the state of scientific and technological knowledge, at the moment when the producer started distributing the product, didn’t allow to consider the product defective yet.
10.5 No refund will be due if the injured party is aware of the product’s defect and of the arising danger and nevertheless if the exposure to it was freewill.
10.6 Anyhow the injured party will be asked to prove the defect, the damage, and the causal connection between defect and damage.
10.7 The injured party will be able to ask the compensation for damage caused by death or personal injury or rather by the destruction or deterioration of a property which is not the defective product, even though normally intended to private use or consumption an so mostly used by the injured party. 10.8 The damage to property related to the article 123 of the Consumer Code will be, nevertheless, compensable only in the extent that exceeds the sum of three-hundred and eighty-seven Euros (Euros 387).
11) GUARANTEES AND METHOD OF SERVICE
11.1 The Supplier is liable for any lack of conformity that become apparent within one month from the delivery of the good.
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 coexist: a) they are suitable for the use that usually goods of the same type are useful for; b) they conform to the description made by the seller and they have the characteristics of the good that the seller has presented to the consumer as a sample or model; c) they have the characteristics and the regular performances of a good of the same type, that the consumer can reasonably expect, given the nature of the good and, if appropriate, of the public statements about the specific characteristics of the goods made by the seller, the producer or by his agent or representative, especially in advertising or on labeling; d) they are also suitable to the special use wanted by the consumer and that the latter had informed the seller in the moment of the conclusion of the contract and that the seller has accepted even for conclusive facts.
11.3 The Buyer has no right if he does not inform the seller about lack of conformity within two months from the discovery of the defect. The denunciation is not necessary if the seller recognizes the defect or if he has occulted it.
11.4 Anyhow, unless proved otherwise, it is supposed that the lack of conformity that manifest within six months from the delivery of the good was yet existent at that time, unless this presumption is incompatible with the nature of the good or with the nature of the lack of conformity. 11.5 In case of lack of conformity, the Buyer will be allowed to ask, alternatively and without expenses, according to the following terms, the fixing or replacement of the purchased good, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or else it will be prohibitively expensive for the Supplier according to article 130, subparagraph 4, of the Consumer Code.
11.6 The request needs to be received in written form, by registered return receipt, by the Supplier, who will show his disposability to act on the request, or rather the reasons that prevent him from doing so, within seven working days since receiving the request itself. With the same message, where the Supplier has accepted the Buyer’s request, he will point out the shipping methods or return of the good as well as the deadline for the return or replacement of the defective good.
11.7 If the return and replacement are not possible or prohibitively expensive, or the Supplier did not provide to the fixing or replacement of the good within the deadline pointed out in the previous step,
or, at last the fixing or replacement previously carried out have caused problems to the Buyer, the latter can ask, by his choice, an appropriate reduction of the price or the termination of the contract. The Buyer, in this case, will provide his request to the Supplier, who will show his disposability to act on the same, or else the reasons that prevent him from doing so, within seven working days since receiving the request itself.
11.8 With the same message, where the Supplier has accepted the Buyer’s request, he will point out the price reduction proposed or the return modality of the defective good. In such cases it is Buyer’s burden to point out the modalities for crediting back the amounts previously payed by the Supplier.
12) BUYER’S OBLIGATIONS
12.1 The Buyer agrees to pay the price of the purchased good within time and modality pointed out in the contract.
12.2 The Buyer agrees, once concluded the procedure of on line purchasing, to provide the printing of and storage of this contract.
12.3 Moreover, the information in this contract have already been viewed and accepted by the Buyer, who gives credit, in that this passage is obligatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 Anyhow, the Buyer has the right to terminate the contract, without any penalty and without specifying the reason, within the deadline of 14 (fourteen) working days, from the day when he receive the purchased good.
13.2 If the professional does not fulfill the duty of information by existence, modality and time of restitution or withdrawal of the good when exercising the right of withdrawal according to the article 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days from the day the consumer receives the goods.
13.3 If the Buyer decides to exercise the right of withdrawal, he has to give notice to the seller by registered Polyarticular R.A. to the address Località la Villa 66 - Rignano sull'Arno - FI - 50067 or by e-mail to firstname.lastname@example.org, provided that those messages are confirmed by the registered mail with return receipt to the address Località la Villa 66 - Rignano sull'Arno - FI - 50067 within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will prevail between the parties. For the purposes of the right of withdrawal the dispatch of the message can be replaced by the return of the purchased good, but provided the same terms. The delivery date to the post office or to the forwarder will prevail between the parties.
13.4 Anyway, the redelivery of the good must take place no later than 14 (fourteen) days from the date when receiving of the good itself. Anyhow, in order to get the full refund of the price payed, the good will be returned whole and, anyway, in normal condition.
13.5 The Buyer cannot exercise the right of withdrawal for the purchasing contracts of audiovisual products or sealed software, opened by the same, as well as good made to measure or clearly customized or that, for their nature, can’t be returned or they risk deteriorating or quickly changing, for supply of newspapers, periodicals and magazines, as well as goods whose price is dependent on fluctuations in the financial market rates that the professional cannot control and in any other case provided in the article 55 of the Consumer Code.
13.6 The only expenses payable by the consumer when exercising the right of withdrawal under this article are the direct costs of returning to the Supplier, unless the Supplier does not agree to bear them.
13.7 The Supplier will provide the free refund of the full amount payed to the Buyer within the deadline of 14 (fourteen) days since receiving the message of withdrawal.
13.8 When receiving the message where the Buyer communicates exercising the right of withdrawal, the parties of this contract are dissolved by mutual obligations, except as provided by the previous steps of this article.
14) RESOLUTION CAUSES
14.1 The obligation according to point 12.1, assumed by the Buyer, and the guarantee of successful payment that the Buyer makes with the means pointed out in the article 51, 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 the seven obligations, if not determined by casual
event or force majeure, will result in legal termination of the contract according to the article 1456 c.c., without any judicial decision.
15) PRIVACY PROTECTION AND PROCESSIN OF THE BUYER’S DATA
15.1 Data controller: Lottini&Sabbatini snc
15.2 The Supplier protects the privacy of his customers and guarantees that the data treatment is in
accordance with the provisions of the privacy legislation in accordance with Leg . June 30, 2003 , n . 1961.
15.3 The personal and fiscal data collected directly and / or through third parties by the Supplier www.mhateria.it , data controller , is collected and processed in printed , computing , telematics, in relation to methods of treatment with the purpose of registering the ' order and provide him with the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required (art . 24 , paragraph 1, let. b, Legislative Decree n. 196/2003)2.
15.4 The Supplier undertakes to treat as confidential the data and information provided by the Buyer and not to disclose to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data can be produced only at the request of judicial or other authority authorized by law.
15.5 Personal data will be disclosed after signing of a confidentiality agreement, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.6 The Buyer has the rights under Article. 7 Legislative Decree 196/03, namely:
the right to:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement It proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part:
i) for legitimate reasons the processing of personal data, pertinent for collection purposes;
ii) the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.7 The disclosure of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract . Failing that, it cannot be given with a request by the Buyer.
15.8 In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed . Their removal will still safely occur.
15.9 The owner of the collection and processing of personal data , is the Supplier , to which the purchaser may direct at the corporate headquarters , every request3. _____________________________________
1General ruling by the Guarantor for the protection of personal data "Simplification of certain obligations in the public and private compared to treatments for administrative and accounting purposes" of June, published in the Official Gazette on July 1st, 2008 , n . 152.
2General Supervisor of the measures for the protection of personal data "practice of simplification measures Guide for Small and Medium Enterprises" of May 24th, 2008, published in Official Gazette June 21st, 2007 , n . 142.
3" Unless it has been appointed by the Supplier responsible in the person of Mr._______________________".
15.10 Any communication sent to the mailing address (including electronic) of the Centre (requests, suggestions , ideas , information, materials etc.) won’t be considered confidential information or data, must not violate the rights of others and must contain valid information, not harming the rights of others and true, in any case it cannot be attributed to the Centre any responsibility for the contents of the messages themselves.
15.11 7Pixel S.r.l., in the person of the legal representative protempore, is appointed responsible for the processing of User data (email address) for the management of requests for comments within the Trusted Program of the site www.trovaprezzi.it "
16) METHOD OF CONTRACT FILING
16.1 According to Article 12 of Legislative Decree 70/03, the Supplier shall notify the Buyer that each order sent is stored in digital/paper form on a server at the headquarters of the Supplier according to confidentiality and security policies.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Località la Villa 66, or sent by e-mail to the following address: email@example.com. The Buyer shall indicate in the registration his residence or domicile, telephone number or email address to which he wishes to be sent notices from the Supplier.
18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Florence and resolved according to the Conciliation Rules adopted by it .
18.2 If the Parties involved intend to refer the matter to the ordinary judicial authority, the jurisdiction is that of the place of residence or elected domicile of the consumer, mandatory pursuant to art.33, paragraph 2, point u) of Legislative Decree no. n. 206/2005.
19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law.
19.2 As far as not expressly provided, the laws applicable to the relationships and circumstances described in this contract are valid, and in particular Article.5 of the Rome Convention of 1980.
Under Article 60 of Legislative Decree 206/05, is hereby expressly invoked the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05.
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.
A – I DO NOT ACCEPT THE TERMS ABOVE
B – I ACCEPT THE CONDITIONS ABOVE