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 carried out.
Identification of the Supplier
The goods covered by these general conditions are put up for sale by:
Elettro Officina of Picinelli Marco with administrative headquarters in Via Del Pino, 8 and operational headquarters in Via Del Pino, 8 Montefiascone VT Italy, Tel. (+39) 07611917841, email: info@elettrofficina.com below as «Supplier»,
1) DEFINITIONS
1.1 The term «online sales contract» means the contract of sale relating to the supplier's material movable property, concluded between them and the Buyer within the framework of a system of distance selling through telematic tools, organized by the Supplier.
1.2 «Buyer» means the consumer, the natural person making the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3 «Supplier» means the person indicated in the epigraph or the provider of the information services.
2) SUBJECT TO THE CONTRACT
2.1 With this agreement, respectively, the Supplier sells and the Buyer remotely purchases through telematic tools the material movable goods indicated and offered for sale on the www.elettrofficina.com
2.2 The products referred to in the previous point are shown on the following web pages: www.elettrofficina.com
3) HOW TO CONCLUDE THE CONTRACT
The contract between the Supplier and the Buyer ends exclusively through the internet through the buyer's access to the address www.elettrofficina.com, where, following the procedures indicated, the Buyer will arrive to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract ends by filling in the exact completion of the application form and consent to the purchase manifested through the membership sent online or by filling in the form/module attached to the online electronic catalogue at address www.elettrofficina.com/ordini and the subsequent submission of the form/form itself, always after viewing a web page summarization of the order, printable, which shows the details of the ordering and ordering, the price of the purchased goods, the shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2 When the Supplier receives the order from the Buyer, it will send a confirmation e-mail or display a web page confirming and summarization of the order, printable, in which the data recalled in the previous point are also reported.
4.3 The contract shall not be deemed to be completed and effective between the parties in the absence of the above point.
5) PAYMENT AND REFUND ARRANGEMENTS
5.1 Any payment by the Buyer can only be made by means of one of the methods indicated on the appropriate web page by the Supplier. The Supplier will issue receipt or invoice for the amount actually collected, net of any fees applied by the financial circuit used.
5.2 Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.
5.3 All payment notices are made on a special line of the Supplier protected by the encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in line with the provisions of current regulations on the protection of personal data.
5.4 The invoice, as per tax legislation, will be in the name of the person who actually made the payment so that by ordering if the payment is made by another legal figure, the complete tax data of the payer must be provided, even if the delivery address is different.
6) DELIVERY TIMES AND METHODS
6.1 The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the asset, as confirmed in the e-mail referred to in 4.2.
6.2 The shipping times may vary from the day of the order itself to a maximum of 45 working days from the confirmation of the same in any case only after receipt of the payment. In the event that the Supplier is not able to make the shipment within this deadline but, in any case, within the one indicated in the following point, it will be given a timely notice by e-mail to the Buyer. The express courier that physically makes the delivery takes an average of 1 to 3 days. Ordinary couriers can take up to a week or more.
Shipments are made From Tuesday to Friday.
All delivery times reported are indicative estimated exclusively on production times, on the availability of the goods and on the delivery times declared by the courier under normal conditions.
On Fridays And Sundays the site allows you to shop, pay and carry out normal activities but orders are not processed, payments are viewed and no shipments are made on Mondays, only in case it has been possible to request the passage of the courier in good time. Urgent consignments shall not be made unless the Aquirente takes care of its own.
Any damage and delivery delays caused by the courier will not be attributable to the Electro Officina Supplier.
It will be the responsibility of the Buyer to carefully verify, upon receipt of the goods, that the packaging is intact and does not present anomalies, that the weight corresponds to what is reported in the documents accompanying the goods and in the case of accepting with reservation, noting the anomaly on the receipt of the courier on his own, countersigned by the delivery man. Otherwise it will not be possible to request any refund for transport damage to the courier.
6.3 The shipping methods, times and costs are clearly indicated and clearly highlighted at the address www.elettrofficina.com.
7) PRICES
7.1 All the selling prices of the products displayed and indicated on the www.elettrofficina.com website are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2 The selling prices referred to in the previous point include VAT and any other tax. The shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the forwarding of the order by the buyer and also contained on the web page summary of the order placed.
7.3 The prices shown on each of the goods offered to the public shall be valid until the date indicated in the catalogue.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2 If an order exceeds the existing quantity in the warehouse, the Supplier, by e-mail, will make known to the Buyer whether the goods are no longer bookable or what are the waiting times to obtain the chosen asset, asking whether he intends to confirm the order or not.
8.3 The Supplier's it system confirms as soon as possible that the order has been registered by forwarding an e-mail confirmation to the user, in accordance with point 4.2.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the order within the time limits provided for in the contract.
9.2 The Supplier cannot be held liable to the Buyer, except in the case of malicious misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet outside the control of its own or its sub-suppliers.
9.3 The Supplier will also not be liable for damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, having the Buyer entitled only to the full return of the price paid and any ancillary charges incurred.
9.4 The Supplier assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, checks and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5 The Supplier assumes no responsibility for any irresponsible use of web browsing by the Buyer. This site is safe, use SSL protocols. In the address bar you will find the lock that confirms that the site is internationally certified however always make sure that you are browsing protected pages by looking at the address bar of your browser that will always have to report the lock and each URL must always start with https:// both when you are on www.elettrofficina.com and when you are on sites outside www.elettrofficina.com such as PayPal for payment.
9.6 Under no circumstances may the Buyer be held liable for delays or mispayment if he proves that he has made the payment within the time and manner indicated by the Supplier.
10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND DAMAGES THAT CAN BE COMPENSATED: THE OBLIGATIONS OF THE SUPPLIER.
10.1 Pursuant to Art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if it o dares to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or the person who supplied the goods to him.
10.2. The aforementioned request, by the injured 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 cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, an mandatory legal standard or a binding measure, 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 person has been aware of the defect of the product and the danger arising from it and yet has voluntarily exposed himself to it.
10.5 In any case, the injured person must prove the defect, the damage, and the causal connection between defect and damage.
10.6 The injured person may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured person.
10.7 Damage to things referred to in Art. 123 of the Consumer Code will, however, be payable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (euro 387).
11) GUARANTEES AND METHODS OF ASSISTANCE
11.1 The Supplier is liable for any lack of conformity that may occur within two years of delivery of the goods.
11.2 For the purposes of this contract, consumer goods shall be presumed to comply with the contract if, where relevant, the following circumstances coexist: b) comply with the description made by the seller and possess the qualities of the good which the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, in particular in advertising or labelling; d) are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller has also accepted for conclusive facts.
11.3 The Buyer waives all rights if he does not report the defect of conformity to the seller within two months of the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or concealed it.
11.4 In any event, unless there is evidence to the contrary, it is assumed that conformity defects occurting within six months of delivery of the goods already existed on that date, unless such a hypothesis is incompatible with the nature of the good or the nature of the lack of conformity.
11.5 In the event of a lack of conformity, the Buyer may request, alternatively and without 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 excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing, by Registered Letter A.R., to the Supplier, who will indicate his willingness to comply with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer's request, it must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7 If repair and replacement are impossible or excessively onerous, or the Supplier has not repaired or replaced the asset within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, the Buyer may, at his choice, request a reasonable reduction in the price or the termination of the contract. In this case, the buyer must send his request to the Supplier, who will indicate his willingness to give the same, 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, it must indicate the reduction of the proposed price or the methods of returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Supplier.
12) OBLIGATIONS OF THE PURCHASER
12.1 The Buyer undertakes to pay the price of the purchased good within the time and manner indicated by the Contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to provide for the printing and preservation of this contract.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within the period of 15 (fifteen) working days, from the day of receipt of the purchased asset.
13.2 In the event that the professional has not fulfilled the obligations of information on the existence, methods and times of return or withdrawal of the asset 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 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
13.3 If the Buyer decides to make use of the right of withdrawal, he must communicate it to the seller by e-mail to the e-mail info@elettrofficina.com, as long as such communications are confirmed by sending registered letter A.R. to the address Via Del Pino, 8, 01027 Montefiascone VT Italy, within 48 (forty-eight) hours. The stamp affixed by the post office to the receipt issued shall be authentic between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased property, provided that in the same terms. The date of delivery to the post office or shipper shall be authentic between the parties.
13.4 The return of the property must still take place no later than 30 (thirty) days from the date of receipt of the property itself. In any case, in order to be entitled to a full refund of the price paid, the good must be returned intact and, in any case, in normal state of preservation.
13.5 The Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by him, as well as custom-made or clearly customized goods or which, by their nature, cannot be sent back or are likely to deteriorate or alter rapidly, 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 unable to to check and in any other case provided for by art. 55 of the Consumer Code.
13.6 The only expenses due by the consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the good to the Supplier.
13.7 The Supplier will refund free of charge the amount paid by the Buyer within 30 (thirty) days from receipt of the withdrawal notice, net of shipping costs if incurred by the Supplier.
13.8 Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract shall be disbanded from each other's obligations, without prejudice to the provisions of the preceding points of this Article..
14) CAUSES OF RESOLUTION
14.1 The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the good end of the payment that the Buyer makes with the means referred to in art. 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 non-performance of only one of those obligations, if not determined by chance or force majeure, will result in the termination of the contract by law ex art.1456 c.c., without the need for judicial judgment.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER DATA
15.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree No. 196 of 30 June 2003.
15.2 Personal personal personal data acquired directly and/or through third parties by the Electro Officina Supplier of Picinelli Marco, data controller, are collected and processed in paper form, computer science, telematics, in relation to the methods of processing with the purpose of registering the order and activating against it 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 relationships to the extent necessary to carry out the requested service in the best way (art. 24, paragraph 1, lit.b, Legislative Decree no. 196/2003).
15.3 The Supplier undertakes to treat confidentially the data and information transmitted by the Buyer and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be exhibited only at the request of the judicial authority or other authorized legal authorities.
15.4 Personal data will be communicated, subject to a commitment of confidentiality of the data themselves, only to subjects delegated to carry out the activities necessary for the execution of the contract concluded and communicated exclusively in the context of this purpose.
15.5 The Buyer enjoys the rights referred to in art. 7 of D.L.vo 196/03, namely:
of the right to obtain:
a) updating, rectification or, where interested in it, data integration;
b) the deletion, anonymous transformation or blocking of data processed in violation of the law, including those that do not need to be stored in relation to the purposes for which the data was collected or subsequently processed;
c) proof that the transactions referred to in 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 performance proves impossible or involves the use of means manifestly disproportionate to the protected right. The person concerned also has the right to object, in whole or in part:
i) for legitimate reasons for the processing of personal data concerning him, even if they are relevant 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 the purpose of carrying out market research or commercial communication.
15.6 The communication of your personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the buyer's application cannot be ongoing.
15.7 In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8 The owner of the collection and processing of personal data, is the Supplier, to whom the Buyer can direct every request at the company headquarters.
15.9 Everything that comes to the e-mail address (including e-mail) from the Centre (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not infringing the rights of others and truthful, in any case no responsibility may be attributed to the Center for the content of the messages themselves.
16) ARRANGEMENTS FOR THE CLOSURE OF THE CONTRACT
16.1 Pursuant to art. 12 of the D.L.vo 70/03, the Supplier informs the Buyer that each order sent is kept in digital / paper form on the server/at the supplier's headquarters according to confidentiality and security criteria
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: Via del Pino, 8, 01027 Montefiascone VT Italy or sent by e-mail to the following address info@elettrofficina.com. The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes the Supplier's communications to be sent.
18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Viterbo Chamber of Commerce Italy and resolved in accordance with the Conciliation Regulation adopted by it.
18.2 If the Parties intend to bring an action before the Ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, which can be inescapable pursuant to art. 33, 2nd paragraph, point u) of Legislative Decree No 206/2005
19) APPLICABLE LAW AND REFERRAL
19.1 This contract is governed by Italian law.
19.2 As far as is not expressly laid down here, the legal rules applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
19.3 Pursuant to art. 60 of D.L.vo 206/05, the discipline contained in Part III, Title III, Chapter I of D.L.vo 206/05 is expressly referred to here.
20) FINAL CLAUSE
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject matter of this contract.
A - I ACCEPT THE ABOVE CONDITIONS
B – I DO NOT ACCEPT THE ABOVE CONDITIONS (in this case no supply of goods or services will be possible)
Copyright@Elettro Officina February 11, 2021