GENERAL SALES CONDITIONS
The goods of the following general sales conditions are sold by Must Web S.r.l. Company located in Padova (PD), Corso Stati Uniti, 23/I, registered at the Chamber of Commerce of Padova ITALY, Rea no. PD 427900 of the Business Register , VAT no. and Tax Code 04911590281 (hereafter the SUPPLIER), certified e-mail address firstname.lastname@example.org
1.1. With the term “online sales contract” it is meant a sales contract of tangible movable items whose property is of the Supplier and that this latter draws up with the Buyer through an online sales system managed by the Supplier.
1.2. With the term “Buyer” it is meant the natural person/individual that buys the items of the present contract and for purposes that are not related to the professional or business activity carried out
1.3. With the term “Supplier” it is meant the individual indicated here above, that is the supplier of the information service
2. Object of the contract
2.1. This agreement is established between the Supplier, who sells tangible movable items through an online sales system, and the Buyer, who purchases tangible movable items from the Supplier advertised and offered in www.carboniomania.com website
2.2. The items described here above are illustrated in the web pages of www.carboniomania.com website
3. Measures of Contractualisation
The contract between the Supplier and the Buyer is entered exclusively through internet. The Buyer visits www.carboniomania.com website and chooses, among the various items, the products he is interested in, filling a regular order form, following the indicated procedures. If necessary, the Buyer will have to register in advance on the website.
4. Effect of the contract and Conclusion
4.1. The purchase contract is completed with the correct filling in of the order form together with the correct registration and purchase agreement sent online. The Buyer has to duly fill in the form attached to the online electronic catalogue on the website. Once accomplished this procedure and before sending the order form to the Supplier, the Buyer has to check the summary of the order that can be printed, in which every detail of the order is clearly indicated: unit price, shipping costs, eventual additional charges, ways of payment, delivery address and delivery time.
4.2. The Buyer can decide to terminate the contract at any time following the indications stated here below at point 1.3
4.3. When the Supplier receives the order form from the Buyer, he will send him an email or a webpage to confirm and summarize the details of the order listed here above. Copy of the email or webpage can be printed.
4.4. The contract will not be considered finalized if some of the above mentioned points indicated here above will be missing.
5. Ways of Payment and Refund
5.1. Every payment of the Buyer can be settled only through one of the ways indicated by the Supplier in the dedicated webpage, at the address http://www.carboniomania.com/content/6-ways of payment.
5.2. Any eventual refund to the Buyer will be credited as soon as possible through one of the ways suggested by the Supplier and chosen by the Buyer. In case of withdrawal from the contract, as stated in point no. 13.2 and following points, the refund will be credited at latest within 30 days from the date in which the Supplier has received the request of withdrawal.
6. Delivery Times and Terms
6.1. The Supplier will deliver the ordered goods following the terms chosen by the Buyer or indicated in the website at the moment of the offer, according to the order confirmation sent by email, as stated in point 4.2
6.2. Delivery times can be subjected to variations from the day of the order to maximum 3 ( three) working days from the order confirmation. In case the Supplier cannot deliver the goods within the terms indicated here above, he will immediately let the Buyer know through an email.
7.1. All the sales prices indicated in the website www.carboniomania.com are in Euro and they are considered retail prices according to the art. 1336 of the Civil Code (?? È inteso codice civile, giusto??)
7.2. The sales prices mentioned here above include VAT and any other additional taxes.
The shipping costs and additional taxes, as for ex. customs clearance, if needed, are not included in the purchase price and must be indicated and calculated by the Buyer in the purchase order before sending the order form and must be added in the webpage summarising the order itself.
7.3. The retail prices indicated next to each item have a validity up the date indicated in the catalogue
8. Product Availability
8.1. The Supplier grants the correct processing of the order through a computerized system and its delivery without delays. Regarding this point, he indicates real-time available and not-available products, together with their relative delivery times.
8.2. In case an order contains a higher quantity of a certain item whose pieces in stock are not enough, the Supplier will send the Buyer immediate notice by email communicating the updated delivery time and asking the confirmation of the order with the new delivery date
8.3. The Supplier’s computer system gives confirmation of the order as quickly as possible by sending a new confirmation via email, according to point 4.2
9. Liability restrictions
9.1. The Supplier is not responsible for any inconvenience due to reasons of force majeure, in case he is unable to deliver the order within the times stated in the contract.
9.2. The Supplier is not considered responsible for out of control inconveniences or disruptions due to network failure, both his and of his sub-contractors.
9.3. The Supplier is not considered responsible for damages, losses or additional costs undergone by the Buyer following the failure of the contract for reasons beyond the Supplier’s control. The Buyer will only have the right for the refund of the paid amount together with the additional paid costs
9.4. The Supplier has no responsibility for any eventual fraudulent or illegal use of credit cards, cheques or other ways of payments at the moment of the payment of the purchased goods by a third-party, insofar he demonstrates he has adopted any possible precaution diligently and according to his experience.
9.5. Under no circumstances will The Buyer be considered responsible for delays or inconveniences in the payment insofar he demonstrates that he has made the payment according to the ways and times indicated by the Supplier
10. Liability for defect, damage and compensations: Supplier’s obligations
10.1. According to art. 114 (and following) of the consumer code, the Supplier is considered responsible for the damage related to defects in the product if he does not communicate the identity and address of the producer or supplier of the item within three months from the request of the Buyer.
10.2. The mentioned request must be done in writing by the injured person and must indicate the damaged product, purchase place and date, and has to include the product offer , if still existing.
10.3. The Supplier cannot be considered responsible for the consequences derived from a defective product if the defect is due to the compliance of the product, to an imperative legal rule, to binding measures or to scientific and technical knowledge that, at the time of the sale, was not able to consider the product as “defective”.
10.4. No refund is due if the injured person was aware of the defect and of the danger and, although knowing this, has decided to use it anyway.
10.5. In any case, the injured person will have to prove the defect, the damage and the connection between defect and damage.
10.6. NON COMPRENDO IL SENSO IN ITALIANO DI QUESTO PUNTO
10.7. The material damage stated in the art. 123 of the consumer code will be refundable only in case the amount of money exceeds Euro three-hundred-eighty-seven (€ 387)
11. Warranty and Assistance
11.1. The Supplier is responsible for any eventual defect of non-compliance that occurs within the term of two years from the delivery of the item.
11.2. For the purpose of this contract it is assumed that the goods comply to the terms of the contract if they are in accordance with the following conditions: a) they are suitable for the use like other similar products of the same type ; b) they comply with the description of the Supplier and have got the qualities the Supplier has presented as sample; c) they have got the same quality and performance of an item of the same type (that the consumer may easily expect from a similar item) and whose characteristics are stated by the Supplier, the Producer or Sales Representative, advertisement or label ; d) they are suitable for the use the consumer wants
11.3. The Buyer has no rights in case he does not report the defect of non-compliance within a time of two months from the date of the discovery of the defect. The complaint is not necessary if the Supplier recognizes the existence of the defect or if he has concealed it.
11.4. In any case, any defect of non-compliance that is discovered within six months from the delivery of the item is supposed to have already been present before, unless this hypothesis can be considered incompatible with the nature of the goods or with the defect of non-compliance
11.5. In case of non-compliancy, the Buyer can ask the repair or replacement of the goods, a price reduction or the termination of the contract, as an alternative and without any additional cost, unless the request is objectively impossible to be fulfilled, that is too costly for the Supplier, according to art. 130, subparagraph 4 of the consumer code.
11.6. The request must be sent in writing through a registered letter with advice of delivery or through a certified email directly to the Supplier. This latter will indicate his willingness to make a start to the request, or alternatively, the reasons for which he can’t, within seven working days from the receipt of the letter. If accepted, the Supplier will have to indicate the ways of shipment or return of the goods and the date for the replacement or return of the defective item.
11.7. If the reparation or replacement are impossible or too costly, or the Supplier has not been able to deliver the item within the agreed date stated here above, or if the Buyer has had great damages and inconveniences for the reparation and/or replacement, this latter has the right to ask a proportionate price reduction or the termination of the contract. The Buyer will have to send his request to the Supplier, who will have to reply confirming his willingness to make a start or , alternatively, the reasons why he cannot do it, within seven working days from the receipt of the request.
11.8. In case of acceptance, The Supplier will have to indicate the price reduction or the ways to return the defective product. In this case, the Buyer will have to indicate how to be reimbursed for the amount of money he had previously spent.
12. Obligations of the Buyer
12.1. The Buyer undertakes to pay the price of the item according to the ways and times stated in the contract
12.2. The Buyer, once concluded the online purchasing procedure, undertakes to print and keep a copy of the present contract
12.3. The information of the present contract has been read and accepted by the Buyer, being this part compulsory before the purchase confirmation
13. Right of withdrawal
13.1. The Buyer has the right to withdraw from the contract without any penalty and without specifying any reason within 14 (fourteen) working days from the day of the receipt of the item.
13.2. In case the Supplier has not fulfilled the obligations of informing the Buyer about existence, ways and times of return or withdrawal according to art.52 of the consumer code, the deadline to withdraw is 90 (ninety) days from the day the goods have been received by the consumer.
13.3. In case the Buyer wants to withdraw from the contract, he has to communicate it in writing through a registered letter with advice of delivery at the address Corso Stati Uniti, 23/I 35127 - Padova (PD) or through an email to “email@example.com”,provided that these communications are confirmed by the registered letter with advice of delivery at the address Corso Stati Uniti, 23/I 35127 - Padova (PD) within the following 48 (forty-eight) hours or through a certified email to firstname.lastname@example.org. The sending of this communication can be legally substituted by the replacement of the item, provided that it is done within the same terms. Evidence of this will be the delivery date to the post office or to the shipping company
13.4. The re-delivery will have to be accomplished at latest within 30 (thirty) days from the date of receipt of the goods. Anyway, to have the right to be fully refunded, the items has to be returned intact or in a normal state of preservation
13.5. The Buyer is not entitled to exercise rights of withdrawal for purchase contracts of audio-visual products or sealed computer software that have been opened or for made-to measure or personalized products that cannot be sent again or may deteriorate or quickly alter, newspapers and magazines supplies, together with goods whose price is directly related to fluctuations in market rates that cannot be kept under control, and any other case stated in art. 55 of the consumer code.
13.6. The only costs for the Buyer, in case of withdrawal, are the costs related to the return of the goods to the Supplier, unless the Supplier accepts to pay them.
13.7. The Supplier will reimburse the whole amount paid by the Buyer within 30 (thirty) days from receipt of the communication of withdrawal, free of charge
13.8. After receipt of the request of withdrawal, both parties have no rights towards each other anymore, with the exception of what stated in the previous points here above
14. Termination of the contract
14.1. The obligations of the Buyer stated in point 12.1, together with the correct payment through the ways indicated in art. 5.1 and the obligations of the Supplier stated in point 6, have an essential role for the present contract. Any breach of the mentioned obligations (except in case of force majeure) implies the termination of the contract ex art. 1456 of the consumer code, without necessity of legal authority
15. Privacy Protection and processing of Buyer data
15.1. The Supplier protects the privacy of his customers and grants the processing of sensitive data according to what the privacy laws foresee (d.l. 30 June 2003 No,. 1961)
15.2. Personal and fiscal data obtained directly or through a third party by the Supplier, entitled to handle them, are collected and processed in paper form and through computer system with the purpose of processing the order and sending the relative communications together with compliance to law obligations, besides granting an efficient trading relationship necessary to deliver what requested at best (art. 24, subparagraph 1, letter b), d.lgs. 196/203922
15.3. The Supplier binds himself to the confidentiality of the data without revealing them to non-authorised people, nor to use data for different purposes from what they have been originally collected for or transmit them to third parties. These data could be shown only at request of a judicial authority.
15.4. After signing a commitment of privacy, Personal data will be communicated only to people in charge to process the order and they will be communicated exclusively for this purpose.
15.5. The Buyer has the rights in accordance with art 7. D.l.196/203, that is he can obtain:
a)the update, correction or addition of data
b) the cancellation, transformation in anonymous form or the blocking of data for infringement of the law, including those for which it is not necessary to keep them
c) NON COMPRENDO L’ITALIANO DELLA PRIMA PARTE The person concerned has the right to fully or partly oppose to the processing of personal data that concerns him for the sending of advertising material or direct sales or for market researches and commercial communications
15.6. Communication of personal data by the Buyer is a necessary condition for the correct and quick processing of the present contract. Without those data, the present contract cannot be fulfilled.
15.7. In any case, personal data will be kept for a period of time not longer than what is necessary to fulfil the purposes for which they have been collected. Their removal will be done safely
15.8. The person entitled to collect these data is the Supplier, to who the Buyer can send any request to
15.9. Everything that is sent via email to the Supplier ( requests, suggestions, ideas, information, material, etc.) will not be considered private information, will not have to violate the rights of third parties and will have to include valid information, privacy friendly and real. In any case, the Supplier will not be considered responsible for the content of the mentioned messages
16. Filing of the contract
16.1. According to art.12 d.lgl. 70/203, The Supplier informs the Buyer hat every order is filed in digital/paper form in the server or at the Supplier’s headquarter, according to privacy and safety criteria
17. Communications and complaints
17.1. Written communications sent to the Supplier and eventual complaints will be considered valid only if sent to the following address: Corso Stati Uniti, 23/I 35127 - Padova (PD), or sent via email to the following email address: email@example.com The Buyer indicates his place of residence and address, phone number, email address where to send eventual communications in the registration form
18. Dispute settlement
18.1. Any dispute of the present contract will be sent to a mediator of the Chamber of Commerce of Padova in an attempt at conciliation
18.2. In case of controversy, the competent court is the one of the place of residence or address of the consumer according to art 33, subparagraph 2,letter u) of the consumer code
19. Applicable Law
19.1. The present contract is ruled by the Italian law
19.2. For what not indicated in the present contract, we consider the laws that concern the relationships foreseen in the present contract and particularly art. 95 of the Convention of Rome dated 1980
19.3. In accordance with art.60 of the consumer code, we make reference to the rules included in Part III; Title III, Cap.I of the consumer Code
Final Clause and acceptance of the general Sales conditions
The present contract abrogates and substitutes any agreement, arrangement, written or oral negotiation established before the present contract between the parties.
By confirming the purchase procedure, the Purchaser declares to accept all the general sales conditions listed here above
[vv01 - 01/2015]
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