IDENTIFICATION OF THE SUPPLIER
The goods subject to these general conditions are offered for sale by the Company Morelato Srl based in Salizzole (VR), Loc. Varmosel n. 540 cap. 37056, registered at the Verona Chamber of Commerce at no. REA 242490 - VAT no. 02491870230 hereinafter referred to as "Supplier".
1.1 The term 'online sales contract' refers to a sales contract of movable material property of the Supplier, stipulated between Supplier and Buyer by means of a remote electronic sales system, organized by the supplier.
1.2 The term "Buyer" indicates the consumer as a physical person, who performs the purchase, under this contract, for purposes other than commercial or professional activity.
1.3 The term 'Supplier' indicates the person mentioned in the headnote that is to say the provider of the information services.
2) SUBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Buyer acquires remotely by electronic means the tangible movable property indicated and offered for sale on the site www.morelatoebanisteriaitaliana.com.
2.2 The here above indicated products are described in the web page: www.morelatoebanisteriaitaliana.com.
3) CONTRACT STIPULATION MODE
The contract between the Supplier and the Buyer is stipulated through the Internet by the Buyer accessing the www.morelatoebanisteriaitaliana.com site, where the Buyer, following the indicated procedures, formalizes the proposal for a purchase of goods with a contract for the purchase of the property referred to in paragraph 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is stipulated by filling in the application form correctly and the agreement to the purchase by the accession sent online that is to say by filling in the form attached to the electronic catalog online at www.morelatoebanisteriaitaliana.com, and the subsequent submission of the form, after having checked the website page with the order, which is printable and lists the details of the payer and the order, the price of the goods purchased, the cost of shipping and any additional expenses, the manner and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2 When the Supplier receives the order from the Buyer he will provide an e-mail confirmation or the display of a printable confirmation page and order summary, with the data as indicated in the previous point.
4.3 The contract between the parties is considered not concluded and effective in absence of the above indicated.
5) PAYMENT METHODS AND RIMBURSEMENT
5.1 The Buyer has to effect payment for each order using one of the payment methods indicated by the Supplier in the relevant web page.
5.2 Any reimbursement will be credited to the Buyer, promptly, through one of the methods proposed by the Supplier and selected by the Buyer, and, in case of order withdrawal, as regulated by clause 13, paragraph 2 and further points of this contract, within a maximum of 30 days from the date the Supplier is informed of the order withdrawal.
5.3 All communications relating to payment are made by the Supplier on a separate line protected by an encryption system. The Supplier guarantees the storage of this information with an additional layer of encryption and security in accordance with the provisions of current legislation on protection of personal data.
6) DELIVERY TIME AND METHODS
6.1 The Supplier will 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 4.2.
6.2 The time of delivery may vary from the day the order is made to a maximum of 30 working days from the confirmation of the order. In case the Supplier is not able to deliver the goods within the indicated period but within the terms indicated in the following point, the Supplier will sent the Buyer prompt notice by e-mail.
7.1 All sale prices of products displayed and indicated on the Internet site www.morelatoebanisteriaitaliana.com are expressed in Euros and are offered to the public pursuant to art. 1336 cc.
7.2 The sale prices, as indicated above, include VAT and any other taxes. The shipping costs and any further costs (e.g. customs clearance), if any, while not included in the purchase price must be indicated and calculated in the purchase procedure prior to the purchaser’s order as well as on the summary sheet of the order made.
7.3 The prices indicated for the goods offered to the public are valid until the date indicated in the catalog.
8) PRODUCT AVAILABILITY
8.1 The Supplier guarantees the processing and execution of the order through the online system without any delay. To this end, the Supplier indicates in its electronic catalog in real time, the number of the available products as well as those not available, and the shipping time.
8.2 If an order exceeds the amount present in stock, the Supplier, will inform the Buyer by e-mail, that the item is already fully booked and the estimated waiting time to receive the selected items, asking the Buyer whether he confirms his order or not.
8.3 The information system of the Supplier confirms the registration of the order as soon as possible by sending the Buyer a confirmation by e-mail, pursuant to point 4.2.
9.1 The Supplier is not liable for, failure of performance to execute the order within the time stipulated in the contract due to any force majeure event.
9.2 The Supplier will not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet beyond his control or of the sub-suppliers
9.3 The Supplier will not be liable for any damages, losses and costs incurred by Buyer, due to failure to execute the contract for reasons not attributable to him, as the Buyer shall only be entitled to full reimbursement of the price and any charges incurred.
9.4 The Supplier will not be liable for any fraudulent or illegal use by third parties, of credit cards, checks and other means of payment, related to the payment of the purchase of the products, if he proves that all possible precautions based on the best science and experience of the moment and according to ordinary care have been taken.
9.5 In no event shall the Buyer be liable for any delay or disruption in the payment if he proves that the payment was within the time and in the manner specified by the Supplier.
10) DEFECT LIABILITY, PROOF OF DAMAGE AND RECOVERABLES: SUPPLIER OBLIGATIONS
10.1 Under Articles. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects of the goods sold, should he fail to inform the injured party, within a period of three months from the request, about the identity and the address of the manufacturer or the person providing the goods.
10.2. The above request, of the injured party, should be in writing and must indicate the product that caused the damage, the place and 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 responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, with a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, did not allow to consider the product as defective.
10.4 No compensation will be payable if the injured party was aware of the product defect and its subsequent danger and yet has voluntarily exposed himself to it.
10.5 In any case, the injured party must prove the defect, the damage, and the causal relationship between defect and damage.
10.6 The injured person can claim compensation for damage generating death or personal injury or destruction or loss of property other than the defective product, provided that the item of property is of a type ordinarily intended for private use or consumption, and was used by the injured person mainly for his own private use or consumption.
11) WARRANTY AND SERVICE CONDITIONS
11.1 The Supplier is liable for any lack of conformity, which becomes apparent within a period of two years from delivery.
11.2 For the purpose of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the supplier and have the qualities of the goods, the seller has presented to the consumer as a sample or model; c) they have the quality and performance characteristics which are normal in goods of the same type and which the consumer can reasonably expect, considering the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made about them by the supplier, the manufacturer or the agent or representative, particularly in advertising or labeling; d) they are also suitable for the particular use the consumer requires and which he communicated to the supplier at the time of the contract agreement and which the supplier has accepted, also by acceptance of conduct.
11.3 The Buyer loses all rights if he does not report the lack of conformity to the Supplier within a period of two months from the date on which the defect was discovered. A complaint is not required if the supplier has accepted the existence of the defect or has concealed it.
11.4 In any case, unless proved otherwise, it is assumed that the lack of conformity, which becomes apparent within six months of delivery of the goods, already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance.
11.5 1.5 In case of lack of conformity, the Buyer may ask, alternately and without charge, under the conditions specified below, the repair or replacement of the purchased item, a reduction of the purchase price or termination of the contract, unless the request is objectively impossible to satisfy or is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request should be sent in writing, by registered Letter with return receipt, to the Supplier, who will indicate his willingness to pursue the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the communication, in which the Supplier has accepted the Buyer’s request the method of delivery or return of the goods as well as the deadline for the return or replacement of defective goods must be indicated.
11.7 If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair carried out previously have caused significant inconvenience to the Buyer, the latter has the option to require an appropriate reduction of the price or termination of contract. In that case the Buyer will have to send his request to the Supplier, who will indicate his willingness to acceptance or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 In the same communication, where the Supplier has accepted the Buyer’s request the Supplier has to indicate the reduction of the proposed price or the arrangements for returning of the defective goods. In this case the Buyer will have to indicate the crediting procedure of the amount previously paid to the Supplier.
12) BUYER’S OBLIGATIONS
12.1 The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the Contract
12.2 The Buyer agrees, once the online purchase procedure is completed, to print and keep a copy of the contract.
12.3 The information contained in this contract have however, already been examined and accepted by the Buyer, who acknowledges, as this step is mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer always has the right to withdraw from the contract without penalty and without giving any reason, within 10 (ten) working days, from the date of receipt of the purchased goods.
13.2 In case the trader has failed to fulfill information requirements regarding the possibility of withdrawal or about the procedure and terms of restitution of the goods in case of withdrawal pursuant Article. 52 of the Consumer Code, the deadline for the right of withdrawal is 90 (ninety) days from the date of receipt of the goods by the consumer.
13.3 If the Buyer decides to assert the right of withdrawal, he must notify the Supplier by registered letter with return receipt to Loc. Valmorsel n. 540 - 37056 Salizzole (VR) or by fax to the number 045.6954030 or by e-mail to e-mail email@example.com, provided that such communication is confirmed by a registered letter with return receipt to Loc. Valmorsel n. 540 - Salizzole (VR) within 48 (forty eight) hours. The postmark issued by the post office on the receipt will serve as proof. To assert the right to withdraw instead of sending the notice of withdrawal, it is possible to return the purchased goods, at the same terms. The date of delivery to the post office or shipping agent will serve as proof.
13.4 The return of the goods must take place no later than 30 (thirty) days from receipt of the goods. In any case, to be entitled to full reimbursement of the price paid, the goods must be returned intact and in any case, in normal condition.
13.5 The Buyer cannot assert the right of withdrawal for the purchase of audiovisual products or sealed software that have been opened, as well as in case of goods that have been custom made or clearly personalized or which by nature, cannot be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price dependent on fluctuations in the financial market beyond trader control and in any other case pursuant art. 55 of the Consumer Code.
13.6 The only costs charged to the Purchaser, in order to assert the right to withdraw from the transaction in accordance with this article, are the direct costs of returning the goods to the Supplier, unless the Supplier does not agree to pay for them.
13.7 The Supplier will reimburse the entire amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal
13.8 With the receipt of the withdrawal notice sent by the Buyer, the parties of this contract are free from mutual obligations, except for what is indicated in the preceding paragraphs of this Article.
14) RESOLUTIONS CAUSES
14.1 The obligations referred to in 12.1, assumed by the Buyer, as well as the guarantee of the successful payment effected by the Buyer by the means indicated in art. 5.1, as well as the exact fulfillment of the obligations assumed by the Supplier to point 6, are essential, so that as by contract, the failure of one of these obligations, if not determined by accident or force majeure, will result in the resolution of the contract as indicated in article 1456 of the Civil Code, without any judicial decision.
15) PRIVACY AND PROCESSING OF PERSONAL DATA
15.1 The Supplier protects the privacy of his customers and guarantees that personal data are processed in accordance with the provisions of the privacy legislation in accordance with Leg. June 30, 2003, n. 196.
15.2 Personal data collected directly and/or through third parties by the Supplier Morelato Srl, the data controller, are collected and processed in printing, computing, and telematics, in relation to methods used with the purpose of registering the order and the activation of 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, lett. b, D.Lgs. n. 196/2003).
15.3 The Supplier undertakes to treat as confidential the data and information provided by the Buyer 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 can be produced only at the request of judicial or other authorities authorized by law
15.4 Personal data will be disclosed after the signing of a commitment to confidentiality of data, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5 The Purchaser according to Article 7 D.L.vo 196/03, has the right to receive:
a) updating, rectification or, when necessary, 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) the confirmation that the operations in letters a) and b) have been notified, also as regards to their content, to those to whom the data were communicated or disclosed, except where such compliance is impossible or involves a manifestly disproportionate method to the protected right. The party has the right to object, in wholly or in part:
i) for legitimate reasons for the processing of personal data, pertinent for collection purposes;
ii) to the processing of personal data for purposes of sending advertising materials or direct selling or for market research or commercial communication.
15.6 The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it is impossible to proceed with the Buyer’s application.
15.7 In any case, the data collected will be kept for a period not exceeding the time necessary for the purposes for which they were collected and subsequently processed. Personal data will be removed safely.
15.8 The owner of the collection and processing of personal data, is the Supplier, and the Buyer may direct all his requests to the company headquarters of the Supplier.
15.9 Any communication sent to the mailing address (including electronic mail) of the Centre (requests, suggestions, ideas, information, materials etc.) will not be considered confidential information or data, it must not violate the rights of others and must contain valid information, which does not harm the rights of others and must be true, and in any case the Centre cannot be held responsible for the contents of messages.
16) FILING METHOD OF THE
16.1 According to Article 16.1. 12 of D.L.vo 70/03, the Supplier shall notify the Purchaser 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) COMUNICATION AND COMPLAINTS
17.1 Direct written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Loc. Valmorsel n. 540 - 37056 Salizzole (VR), or sent by fax to 045.6954030 or sent by e-mail at the following address firstname.lastname@example.org.
The Buyer will indicate in the registration form his residence or domicile, telephone number or email address on which he wishes to be contacted by the Supplier.
18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Verona and resolved according to the Conciliation Rules adopted by it.
18.2 If either Party intends 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) LAW AND REFERENCE
19.1 This contract is governed by Italian law.
20) FINALE CLAUSE
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously stipulated between the parties concerning the subject of this contract.