Contract for the online sale of consumer goods
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The assets covered by these general conditions are sold by Relegart soc. coop. to M.P. Onlus with registered office and domicile in Perugia, via Fiorenzo di Lorenzo, n. 2 bis / 1, registered at the Chamber of Commerce of Perugia under no. 01215150549 of the Companies Register, tax code 01215150549, VAT number 01215150549; tel and fax: 075/5725380; mail: firstname.lastname@example.org indicated below as "Supplier".
1.1. The term "online sales contract" refers to the contract of sale relating to the movable tangible assets of the Supplier, stipulated between the latter and the Purchaser in the context of a distance selling system using telematic tools, organized by the Supplier .
1.2. The term "Purchaser" means the consumer, a physical person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity performed.
1.3. The term "Supplier" means the person indicated in the epigraph or the lender of information services.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser acquires remotely through movable means the material movable property indicated and offered for sale on the site www.relegart.it.
2.2. The products are divided into "bags and accessories"; "Agendas, albums and notebooks"; "Home furnishings and office accessories". By clicking on the relevant field of interest, all the products offered and sold by the supplier and the related sales price, including VAT, will appear. There is also a section on "services" which are divided into: leather works (under-tables for desks; prints and impressions; albums for ceremonies) and bookbinding (repairs to books and vocabularies; thesis binding; binding for private individuals and organizations). For jobs that fall under this last section, the buyer will be given a specific quote for his needs.
Procedures for stipulating the contract
3.1. The contract between the Supplier and the Buyer regarding the products that include: "bags and accessories"; "Agendas, albums and notebooks"; "Home furnishings and office accessories", ends exclusively through the Internet through the Buyer's access to www.relegart.it. To proceed with online purchases, the user must first create his own account (username and password). After creating the account, you can enter the products of interest into the virtual cart and confirm your order by clicking on "proceed to checkout". The checkout fields to be filled in are: personal information; address; shipping method; payment. As far as the services are concerned: leather and binder works, the buyer must request a quote from the Supplier. In the event of acceptance of the estimate, it must give express notice to the Supplier. The acceptance of the estimate will constitute the conclusion of the contract.
Conclusion of the contract
4.1. fter selecting the products of interest and having them included in the virtual shopping cart, it will be possible to complete the purchase contract for the "bags and accessories" products; "Agendas, albums and notebooks"; "Home furnishings and office accessories" by filling in all the checkout forms (personal information, address, shipping method, payment) and accepting the purchase conditions, as better explained by this contract. The conditions of purchase will be considered accepted when the user, having reached the form "payments", before proceeding with the payment will obtain the words: "I accept the terms of service and I will adhere to them unconditionally". Before proceeding to payment, a web page will be displayed summarizing the order, in which will be reported: quantity and nature of the ordered products, the total price of each purchased good including VAT; applied discount vouchers; shipping cost.
4.2. The contract will be concluded after the Purchaser has clicked the button with the words "order with obligation to pay" and confirmed the sending of the order and the Supplier will have received an email generated by the order summary system made by Buyer.
4.3. When the Buyer completes the order, he will receive an e-mail confirming the order, printable, in the e-mail address communicated at the time of registration, which will include: the order number, date and time in which was carried out; description of the products ordered, unit price of the product, quantity of products, discount coupons applied, shipping costs; VAT; shipping methods; payment chosen by the Buyer; delivery address of the ordered products; billing address.
4.4. Only after the Supplier has received or the payment or the certain proof of payment by the Buyer, will it ship the ordered products. The supplier is obliged to deliver the goods to the consumer without undue delay and at the latest within thirty days from the date of conclusion of the contract.
4.5. If the subject of the contract is one of the services included in leather or binding work, the contract will be deemed completed when the Supplier receives the notice of acceptance of the quote by the buyer.
Methods of payment and reimbursement
5.1. Any payment by the Buyer can only be made using one of the methods indicated on the specific web page by the Supplier (bank transfer; pay Paypal).
5.2. If the payment is made by the Buyer by bank transfer, the Supplier will proceed with the shipment of the purchased product only after having received the credit.
5.3. Any refund to the Buyer will be credited only and exclusively by bank transfer to a current account which must be communicated to the Supplier by the Buyer (for bank transfers to be performed abroad, the bank costs will be borne by both parties to according to the respective banking conditions) in a timely manner and, in the event of exercising the right of withdrawal, as regulated by art. 12, point 2 and ss. of this contract, no later than 14 days from the date on which the Supplier became aware of the withdrawal.
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, by shipping agent, to the address indicated by the Buyer by filling in the "addresses" checkout form.
6.2. Delivery times may vary from a minimum of seven days to a maximum of 30 working days from the order confirmation. This is because each ordered product will be made entirely by hand with top quality leather and will therefore be the only model. It should be noted that the order will be processed by the Supplier only after the Buyer has made the payment or has given certain proof of the same in the manner described in art. 5 of this contract.
6.3. In the event that the Supplier is unable to ship within this period, the Buyer will be promptly notified by e-mail.
Prices and shipping costs
7.1. All sales prices of the products displayed and indicated on the website www.relegart.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 CC
7.2. The sales prices, as per the previous point, include VAT. Shipping costs for Italy are 15.00 euros for purchases equal to or less than 100.00 euros; while shipping is free (only for Italy) for purchases over 100.00 euros. For shipments in Europe and in non-European countries the shipping amounts due will be calculated by the system, based on the place where the products will be shipped and based on their weight. However, any duties (eg customs clearance) or other ancillary charges that will be calculated by the shipper and paid directly by the Buyer will not be calculated by the system.
7.3. The prices indicated for each of the goods offered to the public are to be considered valid for all of their display on the web page of the site www.relegart.it and so long as they will not be modified by the Supplier.
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay, in any case in compliance with the provisions of art. 6 of this contract. The delay in delivery that occurs due to a fault attributable to the shipper cannot in any way be charged, not even as a competition, to the Supplier. The loss of the package by the shipper cannot in any way be charged to the Supplier who will be exempt from any liability or request for compensation.
8.2. If an order requires the use of materials that are no longer available, the Supplier, via e-mail, will make it known to the Buyer and will also make known what the waiting times are for obtaining the chosen good, asking if it intends to confirm the order or not.
8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending an e-mail confirmation to the User, pursuant to point 4.2.
Limitations of liability
9.1. The Supplier assumes no responsibility for disruptions caused by force majeure if he fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held responsible to the Buyer, except in the case of fraud or gross negligence ve, due to inefficiencies or malfunctions connected to the use of the Internet network outside one's own control or that of its subcontractors.
9.3. The Supplier will also not be responsible for damages, losses and costs incurred by the Purchaser as a result of the failure to execute the contract for reasons not attributable to him.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, for the payment of the products purchased, if it proves to have taken all possible precautions in based on the best science and experience of the moment and based on ordinary diligence.
9.5. In no case will the Buyer be held responsible for delays or inconveniences in the payment if he proves that he made the payment in the time and manner indicated by the Supplier.
9.6. In no case shall the Supplier be responsible for delays in delivery or errors in delivery or damage to the delivered product that are attributable to the shipper.
Liability for defects, proof of damage and reparable damages: the obligations of the Supplier
10.1. Pursuant to the articles 114 et seq. of the Consumer Code, the Supplier is liable for the damage caused by defects of the goods sold if he fails to communicate to the Damaged, within 3 months from the request, the identity and domicile of the producer or of the person who supplied him with the good.
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 date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the Injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it.
10.5. In any case the Damaged will have to prove the defect, the damage, and the 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 something other than the defective product, as long as it is normally intended for private use or consumption and so mainly used by the Damaged.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the goods purchased within the time and manner indicated in the contract.
11.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
11.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before the purchase confirmation.
Right of withdrawal
12.1. The Buyer may exercise the right to withdraw from the stipulated contract, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased good.
12.2. The Buyer must exercise the right of withdrawal in writing, even without explaining the reasons for the withdrawal, but making the Supplier's intention to withdraw from the contract concluded clear and understandable. The communication of the withdrawal from the contract, in accordance with the terms indicated in the previous paragraph, must take place by registered letter with return receipt. to the address RE.LEG.ART via Fiorenzo di Lorenzo n. 2 bis / 1 - 06100 Perugia, or by fax to the number 075/5725380 or by e-mail to email@example.com. The stamp of the post office on the receipt issued, or the date on which the fax was sent or sent on the email will be valid between the Parties. Without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to the Supplier his decision to withdraw from the contract, the Buyer must provide at his own expenses, non-refundable, to return the purchased good. The Good must be returned by hand to the Supplier's home in via Fiorenzo di Lorenzo 2 bis / 1 - 06121 Perugia, or, if this is too burdensome for the Buyer, the goods must be sent to RE.LEG.ART. via Fiorenzo di Lorenzo n. 2 / bis1 - 06121 Perugia. The cost of shipping will be charged to the Buyer.
12.3. In any case, the Acquire in order to be entitled to a full refund of the price paid, must exercise the right of withdrawal in accordance with the provisions of the preceding paragraphs and must return the intact and in any case in excellent condition to the Supplier, considering that the products sold by the Supplier they are all precious and made of leather, therefore, by their nature they require care and attention superior to a normal state of preservation. If, then, the goods are returned by freight forwarder, they must be carefully packed by the Buyer in such a way as not to be damaged during shipment (eg: precautions against rain or humidity that could irreparably damage the leather). In no case shall the Buyer be entitled to reimbursement of the shipping costs for the delivery, nor of any further charges (eg: customs clearance), incurred for the delivery of the goods, then returned.
12.4. If the goods reach the Supplier ruined, torn, stained and in any case worn out to such an extent that they cannot be put back on sale by the Supplier, the Buyer will not be entitled to any refund, even partial, of the price paid and will only be able to retain the same asset . In no case will the Purchaser be liable for the damage attributable to the shipper.
12.5. Exceptions to the right of withdrawal - The Buyer will not be able to exercise the right of withdrawal for goods made to measure or clearly personalized (ex: different sizes from those listed in the catalog; different color than those available in the catalog; initials or writings, etc. ..) or which, by their nature, cannot be returned as established by the art. 55 of the Consumer Code.
12.6. The costs due by the Purchaser for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
12.7. The Supplier will reimburse the entire amount paid by the Buyer without delay and in any case within the term of 14 (fourteen) days from receipt of the good and provided that it is not damaged, torn, worn or in any way damaged. and that, therefore, be returned eligible for sale. The Supplier reserves the right to withhold the reimbursement as long as it does not receive the good, as established by art. 56 paragraph 3 of the Consumer Code.
12.8. Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
12.9. The burden of proof relating to the exercise of the right of withdrawal lies with the Buyer as established by art. 54 of the Consumer Code.
13.1. The obligations referred to in point 11.1, assumed by the Purchaser, as well as the guarantee of successful payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, they are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial ruling.
Protection of confidentiality and processing of Buyer's data
14.1. The Supplier protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation referred to in European Union Regulation 679/2016 and Legislative Decree 101/2018
14.2. Personal and fiscal personal data acquired directly and / or through third parties from the Supplier RE.LEG.ART Soc. Coop. ONLUS, the data controller, is collected and processed in paper, IT and electronic format, in relation to the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to carry out the requested service as best as possible.
14.3. The Supplier undertakes to treat the data and information provided by the Buyer as confidential and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. These data can be shown only upon request of the judicial authority or other authorized authorities by law.
14.4. Personal data will be communicated, subject to the signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
14.4. I dati personali saranno comunicati, previa sottoscrizione di un impegno di riservatezza dei dati stessi, solo a soggetti delegati all’espletamento delle attività necessarie per l’esecuzione del contratto stipulato e comunicati esclusivamente nell’ambito di tale finalità.
14.5. The Buyer enjoys the rights set forth in articles 15-21 of the Regulation U.E. 2016/679, namely the right to obtain:
- access to personal data and information relating to them. Access must be requested in writing, also by email, to the address: firstname.lastname@example.org;
- the correction of inaccurate data or the integration of incomplete ones;
- the deletion of personal data concerning him (upon the occurrence of one of the conditions indicated in article 17, paragraph 1 of the GDPR and in compliance with the exceptions provided in paragraph 3 of the same article); the limitation of the processing of personal data (in the event of one of the hypotheses indicated in article 18, paragraph 1 of the GDPR);
- request and obtain from the Supplier - in cases where the legal basis of the processing is the contract or the consent, and the same is carried out by automated means - one's personal data in a structured and machine-readable format, also for the purpose to communicate such data to another data controller (so-called right to the portability of personal data);
- oppose at any time the processing of their personal data in the event of particular situations that concern them;
- revoke consent at any time, limited to cases in which the processing is based on one's consent for one or more specific purposes and concerns common personal data (for example, date and place of birth or place of residence), or particular categories of data (such as data revealing your racial origin, your political opinions, your religious beliefs, your health or sexual life). The treatment based on the consent and carried out prior to the revocation of the same preserves, however, its lawfulness;
- to lodge a complaint with a supervisory authority (Authority for the protection of personal data - www.garanteprivacy.it).
14.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be given.
14.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed and in any case within a maximum period of 10 years from the conclusion of the contract. They will be safely removed anyway.
14.8. The owner of the collection and processing of personal data is the Supplier, to which the Buyer may direct, at the company headquarters, every request.
14.9. Anything received by the Supplier's e-mail address (including e-mail address) (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, not which are detrimental to the rights of others and truthful, in any case no responsibility for the content of the messages can be attributed to the Supplier.
Method of storing the contract
15.1. According to the art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the Supplier's headquarters according to criteria of confidentiality and security.
Communications and complaints
16.1. The written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following email address: email@example.com The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which the Supplier's communications should be sent.
17.1 this contract is written in English as well as in the Italian language.
Technical means to identify and correct data entry errors
18.1 in the case of data entry error, the system allows the Buyer to delete, correct or modify the data, meaning: the type of product selected, which can be modified in the genre and in the number or eliminated from the virtual cart, the Buyer's personal data that may be changed at any time.
Settlement of disputes
19.1. In the event of disputes arising from this contract, the parties may, as an alternative form of dispute resolution, apply a mediation body and settle the dispute in accordance with the conciliation rules adopted by the chosen mediation body.
19.2. If the Parties intend to appeal to the ordinary judicial Authority, the competent Court is that of the place of residence or domicile of choice of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and referral
20.1. This contract is regulated by the Italian law.
20.2. For how much here not expressly provided, the laws applicable to the relationships and the cases provided for in this contract, and in particular by Legislative Decree 70/2003, are valid; by Legislative Decree 21/2014 from Legislative Decree n. 206/2005 articles 45-68 (c.d. Consumer Code).
20.3. According to the art. 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.