Agreement for the online sale of consumer goods
The Buyer declares explicitly to make the purchase for purposes unrelated to business or professional activity carried out.
The goods object of these general conditions are offered for sale by Ancient Art Callea Consulate based in Como, via Diaz n. 50, registered with the Chamber of Commerce of Como to n. the Companies Register, fiscal code CLLCSL41R25F779Y, VAT 02080130137 hereinafter referred to as "Supplier."
Art. 1 - Definitions
1.1. The term "online sales contract" means the contract of sale relating to movable property of the Supplier materials, signed between them and the purchaser under a sales system remotely via telematics, organized by the Supplier .
1.2. With the "Purchaser" refers to both the consumer natural person who performs the purchase, under this contract, for purposes other than commercial or professional activity.
1.3. With the "Supplier" refers to the one person mentioned in the headnote that the subject provider of information services.
Art. 2 - Purpose of the contract
2.1. With this contract, respectively, the Vendor sells and the Purchaser acquires at a distance through electronic means the tangible movable property indicated and offered for sale on www.callea.eu site.
2.2. The products referred to above are described in the "Catalogue" section of the website.
Art. 3 - contract stipulation Mode
3.1. The contract between the Supplier and the Buyer ends only through the Internet by accessing the Buyer at www.callea.eu, where, following the procedures indicated, the Buyer formalizes the proposal for ' purchase of goods a contract for the purchase of goods referred to in paragraph 2.1 of the previous article.
Art. 4 - Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by filling out the form / form attached to the purchase process and then send the form / form same, always subject to the order of viewing a printable summary page, which shows the payer and the order ends, the price of the goods purchased, the shipping charges and any additional charges, the mode 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. At a time when the Supplier receives the order by the Buyer it provides to sending an e-mail confirmation or the display of a confirmation page and order summary, printable, which are also listed in the retrieved data previous point.
4.3. The contract is deemed not perfected and effective between the parties at fault than indicated in the previous paragraph.
Art. 5 - Payment and Refund
5.1. Each payment by the Purchaser may only take place using one of the methods mentioned in the relevant web page from the Supplier.
5.2. Any reimbursement will be credited to the Buyer through one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by art. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date on which the Supplier is aware of the termination.
5.3. All communications relating to payments are made on a special line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of security and encryption in accordance with the provisions of current legislation on protection of personal data.
Art. 6 - Timing and mode of delivery
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 offering of the goods, as confirmed in the e-mails referred to in point 4.2.
6.2. The times of delivery can vary from the day the order to a maximum of 7 working days from the confirmation of the same, in the case of shipment of goods in Italy have already been restored. In case you need a restoration will be communicated to the Buyer the execution time, typically 30 days. In the event that the Supplier is not able to make the shipment within that period, it will be given prompt notice by e-mail to Buyer.
6.3. The modalities and the cost of shipping in Italy and abroad must be agreed between the parties in relation to the size and weight of the product purchased. Delivery in the province of Como is considered free.
6.4. Pursuant to the Consolidated Law of Cultural Heritage of 2004, the export of goods that are less than 50 years is free but subject to the obligation to file with the Superintendent of Cultural Heritage a self-certification. The procedure requires a 10-day time for the withdrawal of the permit. The cost for the service is set at € 150.
6.5. Pursuant to the Consolidated Law of Cultural Heritage of 2004, the export of goods that have more than 50 years is not free. It must be requested a "free movement certificate 'to one of the offices of the Superintendency. The procedure requires a two-time variable to four mesidi for the withdrawal of the permit. The cost for the service is set at € 300.
Art. 7 - Prices
7.1. All sale prices of products displayed and indicated on the website www.callea.eu site are expressed in euros and are offered to the public pursuant to art. 1336 commercial code.
7.2. The selling prices, as referred to above, include VAT and any other taxes. The shipping costs and any costs (eg. Customs clearance), not being included in the purchase price must be indicated and calculated subsequently to the process.
Art. 8 - Availability of products
8.1. The Supplier assures through the online system used processing and fulfillment without delay orders. To do this in real time indicates, in its electronic catalog, the number of products available and those not available.
8.2. The computer system of the Supplier confirms in the registration of the order as soon as possible by forwarding to you a confirmation by email, according to point 4.2.
Art. 9 - Limitation of Liability
9.1. The Provider assumes no liability for disruptions caused by force majeure in the event fails to execute the order within the time stipulated in the contract.
9.2. The Supplier shall 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 outside of its control or its subcontractors.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of 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 Provider assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he took all the precautions possible based on the best science and experience of the moment and according to ordinary care.
9.5. In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
Art. 10 - defect liability, proof of damage and recoverable damages: the obligations of the Supplier
10.1. Under Articles. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects of the goods sold if it fails to communicate to Damaged, within three months from the request, the identity and address of the manufacturer or the person who provided the good the .
10.2. The above request, by the Damaged, must be in writing and must indicate the product that caused the damage, the place and date of purchase; 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, a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer he put the product into circulation, not even allowed to consider the defective product.
10.4. No compensation will be due if the Injured party was aware of the product defect and the danger that it followed and yet there has voluntarily exposed.
10.5. In any case the Damaged must prove the defect, damage, and the causal relationship between defect and damage.
Art. 11 - Guarantees and delivery of care
11.1. The Supplier is liable for any lack of conformity which becomes apparent within two years after delivery.
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 exist: a) are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of goods which the seller presented to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made about them by the seller, by the manufacturer or his agent or representative, particularly in advertising or labeling; d) they are also suitable for use particularly wanted by the consumer and that you have to be made known to the seller at the time of conclusion of the contract and which the seller has accepted, also concluding facts.
11.3. The Purchaser has no right to the Seller if it denounces the lack of conformity within two months from the date when the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months after 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 lack of compliance.
11.5. In case of lack of conformity, the Purchaser may ask, alternately and without charge, under the conditions specified below, the repair or replacement of the item purchased, a reduction of the purchase price or termination of this contract, unless the request does not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Code of consumption.
11.6. The request should be sent in writing, by registered mail with return receipt, to the Supplier, who will indicate their willingness to act on 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 request must indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
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 previously made have caused significant inconvenience to ' Buyer, these may request, at its option, an appropriate reduction of the price or termination of contract. Buyer shall in such case give its request to the Supplier, who will indicate their willingness to act on 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 request must indicate the reduction of the proposed price or the arrangements for return of the defective goods. In such cases the Buyer will indicate how the burden of crediting of amounts previously paid to the Supplier.
Art. 12 - Buyer's obligations
12.1. Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
12.2. Buyer agrees, once the online purchase procedure, to handle the press and the conservation of this contract.
12.3. The information contained in this contract have been, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before the purchase confirmation.
Art. 13 - Right to withdraw
13.1. The Purchaser has in every case the right to terminate the contract without penalty and without giving any reason, within 14 (fourteen) working days, counted from the date of receipt of the goods purchased.
13.2. In the event that the trader has fulfilled the information requirements of existence, mode and return times or withdrawal of the property in case of exercising the right of withdrawal under Article. 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 shall run from the date of receipt of goods by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, it shall notify the Seller by registered mail with return receipt at Art anticachectic Via Diaz 50-22100 Como, or by fax to number +3903126696 or by e-mail email email@example.com, provided such communications are confirmed by the sending of registered mail with return receipt at Ancient Art - Via Diaz 50-22100 Como within 48 (forty eight) hours. It shall prevail between the parties on the stamp from the post office receipt issued. For the purpose of exercising the right of withdrawal sending the notice it may validly be replaced by the return of goods purchased, provided that the same terms. Shall prevail between the parties the date of delivery to the post office or shipping agent.
13.4. The return of the goods must take place no later than 30 (thirty) days of receipt of the asset. In any case, for there to be entitled to full reimbursement of the price paid, the goods must be returned intact and in any case, in the normal condition.
13.5. The only costs payable by the consumer for exercising the right of withdrawal in accordance with this Article is the direct cost of returning the goods to the Supplier, unless the Supplier do not agree to accollarsele.
13.6. The Supplier shall free to reimburse the entire amount paid by the Purchaser within 30 (thirty) days of receipt of notice of withdrawal.
13.7. With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the Parties to this agreement will be dissolved by mutual obligations, except as provided in the preceding paragraphs of this article.
Art. 14 - Causes resolution
14.1. The bonds referred to in 12.1, assumed by the Buyer, as well as security for completion of payment the Buyer using the means of point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier to the point 6, They are essential, so that, by express agreement, the failure of one of these obligations, if not determined by accident or force majeure, will result in the automatic termination of the contract pursuant to art. 1456 cc, without any judicial decision.
Art. 15 - Protection of privacy and the processing of Buyer's data
15.1. The Supplier protects the privacy of its customers and guarantees that your data is in accordance with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 196.
15.2. For clients and suppliers Personal data collected directly and / or through third parties by the Supplier, the data controller, is collected and processed in printed, computing, telematics, in relation to treatment modalities with the aim of registering the order and provide him 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, Legislative Decree no. 196/2003).
15.3. The Supplier undertakes to treat as confidential data and information submitted by the Buyer and not disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of court or other authority authorized by law.
15.4. 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.
15.5. The Purchaser has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain: 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.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Buyer himself.
15.7. 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.
15.8. Owner of the collection and processing of personal data is the Supplier, which the Buyer may direct at the corporate headquarters, every request.
15.9. Any communications sent to the mailing address (including electronic): requests, suggestions, ideas, information, materials etc., Will not 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 can not be attributed to the Supplier any responsibility for the contents of messages.
Art. 16 - of the contract Storage Mode
16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Purchaser that each order sent is stored in both digital and hard copy form on the server and at the headquarters of the Supplier according to confidentiality and security policies.
Art. 17 - Communications and complaints
17.1. Direct written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Via Diaz 50-22100 Como, or faxed to the number +39031266996 or sent by e-mail to the following address firstname.lastname@example.org. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
Art. 18 - Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Como and resolved according to the Conciliation Rules adopted by it.
18.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of the consumer, mandatory place of residence or the elective domicile pursuant to Art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Art. 19 - Applicable law and reference
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided, apply the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
19.3. Under Article. 60 of Legislative Decree no. 206/2005 is here expressly referred to the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
Art. 20 - Final clause
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.