Standard contract for the online sale of consumer goods
The Purchaser expressly declares to make the purchase for purposes outside the commercial or professional activity.
Identification of the Supplier
The goods covered by these general conditions are sold by D with registered office/branch in Domina d’elite srl, via Corso Italia 136 Sorrento, registered at the Chamber of Commerce of Naples at no. NA986130 of the Companies Register, tax code 08802761216, VAT number 08802761216
hereinafter referred to as “Supplier”.
Art. 1
Definitions
1.1. The term “online sales contract” means the purchase and sale contract relating to the Supplier’s tangible movable property, concluded between the Supplier and the Buyer as part of a distance selling system using telematic tools, organised by the Supplier.
1.2. The term “Buyer” means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.
1.3. The term “Provider” means the person indicated in the inscription or the person providing the information services.
Art. 2
Subject of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases at a distance through telematic tools the tangible movable goods indicated and offered for sale on the site internidelitesorrento.it
2.2. The products referred to in the previous point are illustrated on the website: internidelitesorrento.it/shop
Art. 3
Arrangements for concluding the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the access of the Buyer to the internidelitesorrento.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact completion of the request form and the consent to purchase expressed through the subscription sent online or with the completion of the form/ form attached to the online electronic catalog at internidelitesorrento.it/checkout-2/ and the subsequent sending of the form/form itself, always after visualization of a web page of order summary, printable, in which they are brought back the extremes of the ordering and the order, the price of the purchased good, the shipping costs and any additional additional charges, the methods and terms of payment, the address where the goods will be delivered, the time of delivery and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, the order shall send an e-mail confirming the order or display a web page confirming and summarizing the order, printable, in which are also reported the data recalled in the previous point.
4.3. The contract shall not be deemed to be concluded and effective between the parties in default of the provisions of the preceding paragraph.
Art. 5
Terms of payment and refund
5.1. Any payment by the Buyer may be made only by means of one of the methods indicated on the appropriate website by the Supplier.
5.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by art. 13, point 2 and ss. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments shall be made on a dedicated Supplier line protected by an encryption system. The Provider guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations on the protection of personal data.
Art. 6
Delivery times and methods
6.1. The Supplier shall deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. Shipping time may vary from the day of order to a maximum of 10 working days from the confirmation of the same. In the event that the Supplier is not able to carry out the shipment within this period but, in any case, within the one indicated in the following point, will be given timely notice by e-mail to the Buyer.
Art. 7
Prices
7.1. All sales prices of the products displayed and indicated on the website www.fornitore.com/catalogue are expressed in euros and are offered to the public pursuant to art. 1336 BC
7.2. The selling prices referred to in the previous paragraph are excluded from VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if any, but not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Buyer and also contained in the web page of summary of the order.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
Art. 8
Availability of products
8.1. The Supplier shall ensure that orders are processed and processed without delay by means of the computerised system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of products available and those not available, as well as the delivery times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods are no longer bookable or what are the waiting times to obtain the goods chosen, asking whether he intends to confirm the order or not.
8.3. The Supplier’s computer system shall confirm the order registration as soon as possible by sending the User a confirmation by e-mail, in accordance with point 4.2.
Art. 9
Limitations of liability
9.1. The Supplier assumes no liability for disruptions attributable to force majeure in the event that it fails to execute the order within the time provided by the contract.
9.2. The Supplier shall not be liable to the Buyer, except in the case of intent or gross negligence, for disruptions or malfunctions related to the use of the Internet outside the control of its own or its subcontractors.
9.3. Furthermore, the Supplier shall not be liable for any damages, losses and costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to him, the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no liability for any fraudulent and illicit use that may be made by third parties, credit cards, cheques and other means of payment, for the payment of the purchased products, if it demonstrates that it has taken all possible precautions on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case shall the Purchaser be held liable for delays or discrepancies in payment if he demonstrates that he has made the same payment in the times and ways indicated by the Supplier.
Art. 10
Liability for defects, proof of damage and damages: the obligations of the Supplier
10.1. Pursuant to Arts. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if it fails to communicate to the Damaged, within 3 months of the request, the identity and domicile of the manufacturer or the person who supplied the goods.
10.2. The aforementioned request by the Damaged Party must be made in writing and must indicate the product that caused the damage, the place and the date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier shall not be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal provision or to a binding provision, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation did not allow the product to be considered as defective.
10.4. No compensation shall be due if the Injured Party has been aware of the defect of the product and of the resulting danger and has nevertheless voluntarily exposed himself to it.
10.5. In any case, the Damaged Party shall prove the defect, damage, and causal connection between defect and damage.
10.6. The Injured Party may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided of a type normally intended for private use or consumption and thus mainly used by the Damaged Party.
10.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be liable only to the extent that exceeds the sum of euro three hundred and eighty-seven (€ 387).
Art. 11
Guarantees and assistance arrangements
11.1. The Supplier shall be liable for any lack of conformity occurring within 2 years of delivery of the goods.
11.2. For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the use for which they are normally used similar goods; b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) they present the usual quality and performance of a good of the same type, that the Consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the Consumer and that has been by them
brought to the Seller’s knowledge at the time of the conclusion of the contract and that the Seller has also accepted for conclusive facts.
11.3. The Buyer shall forfeit 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 complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any event, unless there is evidence to the contrary, it shall be presumed that any lack of conformity occurring within six months of the delivery of the goods already existed on that date, unless such a hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions set out 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 too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail to A.R., to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer’s request, must indicate the shipping or return of the goods as well as the deadline for returning or replacing the defective goods.
11.7. If repair and replacement is impossible or excessively costly, or the Supplier has not repaired or replaced the goods within the period referred to in the previous paragraph, or finally, the replacement or repair previously carried out has caused considerable inconvenience to the Buyer, the latter may request, at his choice, a fair price reduction or the resolution of the
contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to give course to the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer’s request, 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 re-crediting the sums previously paid to the Supplier.
Art. 12
Obligations of the Buyer
12.1. The Buyer undertakes to pay the price of the goods purchased within the time and in the manner specified in the contract.
12.2. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been inspected and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 13
Right of withdrawal
13.1. The Buyer shall in any case have the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the goods purchased.
13.2. In the event that the trader has not fulfilled the obligations of information on the existence, methods and times of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, must inform the Seller by registered mail A.R. to the address Corso Italia 136 Sorrento by e-mail to the email sorrento@internidelite.it, provided that such communications are confirmed by the dispatch of registered A.R. to Corso Italia 136 Sorrento within 48 (forty-eight) hours. The stamp affixed by the post office to the receipt issued shall be authentic between the Parties. For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that the same terms. The date of delivery to the post office or to the freight forwarder shall be between the Parties.
13.4. However, the return of the good must take place no later than 30 (thirty) days from the date of receipt of the good. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.5. The Buyer may not exercise this right of withdrawal in respect of contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly customized or that, by their nature, they may not be returned or may deteriorate or deteriorate rapidly, as a result of the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the trader is not able to control and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only charges payable by the Consumer for the exercise of the right of withdrawal pursuant to this Article shall be the direct costs of returning the goods to the Supplier, unless the Supplier agrees to accept that they are paid.
13.7. The Supplier shall refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. Upon receipt of the communication by which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract shall be released from their reciprocal obligations, without prejudice to the provisions of the preceding paragraphs of this article.
Art. 14
Causes for resolution
14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment made by the Purchaser by the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the breach of only one of those obligations, if not determined by chance or force majeure, will result in the termination of the contract by right pursuant to art. 1456 BC, without the need for a judicial decision.
Art. 15
Protection of confidentiality and processing of Buyer’s data
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data is in compliance with the provisions of the privacy regulations referred to in d.lgs. 30 June 2003, n. 196.
15.2. Personal personal personal and tax data acquired directly and/or through third parties by the Supplier Domina d’elite srl, the data controller, are collected and processed in paper, computer, telematics, in relation to the methods of processing for the purpose of registering the order and activating the procedures for the execution of this contract and the necessary communications, in addition to the fulfilment of any legal obligations, and to allow an effective management of commercial relations to the extent necessary to perform the service requested (art. 24, paragraph 1, lett. b, d.lgs. 196/2003).
15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them 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 may be presented only at the request of the judicial authority or other authorized authorities by law.
15.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively for this purpose.
15.5. The Purchaser has the rights referred to in art. 7 of Legislative Decree no. 196/2003, namely the right to obtain:
a) the updating, the rectification or, when interested, the integration of the data;
b) the cancellation, the transformation in anonymous form or the block of the data processed in violation of the law, including those whose storage is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in points a) and b) have been brought to the attention, including as regards their content, of those to whom the data have been communicated or disseminated, except where such fulfilment proves impossible or involves the use of means manifestly disproportionate to the right being protected. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of collection; ii) the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. Disclosure of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. In default, the Purchaser’s request cannot be executed.
15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will take place safely anyway.
15.8. The Owner of the collection and processing of personal data is the Supplier, to whom the Buyer may address, at the company headquarters, any request.
15.9. Anything sent to the Centre’s e-mail address (including e-mail) (requests, suggestions, ideas, information, materials, etc.) will not be treated as confidential information or data, must not violate the rights of others and must contain valid information, not infringing the rights of others and truthful, in any case cannot be attributed to the Centre any responsibility for the content of the messages themselves.
Art. 16
Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/ at the headquarters of the Supplier itself according to confidentiality and security.
Art. 17
Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Corso Italia 136 Sorrento vvero sent by e-mail to the following address sorrento@internidelite.it. The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the communications of the Supplier to be sent.
Art. 18
Dispute settlement
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Naples and resolved in accordance with the Conciliation Regulation adopted by the same.
18.2. If the Parties intend to refer the matter to the ordinary judicial authority, the competent court shall be that of the place of residence or elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree no. 206/2005.
Art. 19
Applicable law and referral
19.1. This contract is governed by Italian law.
19.2. In so far as not expressly provided herein, the law applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the 1980 Rome Convention.
19.3. Pursuant to art. 60 of Legislative Decree no. 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005 is expressly recalled here.
Art. 20
Final clause
This Agreement shall repeal and supersede any prior agreement, understanding, negotiation, written or oral between the Parties and relating to the subject matter of this Agreement.
A – I DO NOT ACCEPT THE ABOVE CONDITIONS
B – I ACCEPT THE CONDITIONS ABOVE
Provisions of the Data Protection Authority – art. 154, 1 c) del d.lgs. 196/2003 – Simplifications of certain obligations in the public and private field with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette 1 July 2008, n. 152.
General measure of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.
“Unless a responsible person has been appointed by the Company in the person of Mr. Rosalba Somma”.