The goods covered by these general conditions are put up for sale by the company LA CERQUA TARTUFI S.N.C. with headquarters in SAN GINESIO (MC), Contrada Cerreto n. 16, registered at the Chamber of Commerce of MACERATA at no. 195691 of the register of companies, tax code No. 01955910433 VAT number n. 01955910433 hereafter referred to as “Supplier”.
– The term “online sales contract” refers to the purchase and sale contract relating to the material assets of the Supplier, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools, organized by the Supplier.
– The term “Purchaser” refers to both the natural consumerand the purchase, referred to in the present contract, for purposes not related to the commercial or professional activitycarried out that the entrepreneurwho completes the purchase, of which to the present contract, for purposes related to the commercial or professional activity carried out, according to what is crossed in the above definition and on the basis of the personal and fiscal data indicated by the Purchaser.
– The term “Supplier” refers to the subject indicated in the epigraph or the subject providing information services.
OBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible assets indicated and offered for sale on the website www.lacerqua.com through telematic tools.
2.2 The products referred to in the previous point are illustrated on the web page: www.lacerqua.com.
METHOD OF STIPULATING THE CONTRACT
The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing the Buyer at www.lacerqua.com, where, following the procedures indicated, the Buyer will come to formalize the proposal for the purchase of the assets referred to in paragraph 1 of the previous article.
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the adhesion sent online or by completing the form / form attached to the online electronic catalog at the address www.lacerqua .com and the subsequent submission of the form / form itself, always after viewing a web page of the order summary, printable, which shows the details of the ordering and ordering, the price of the purchased good, the costs of shipment and any additional charges, payment methods and terms, the address where the goods will be delivered, the delivery times and the right of withdrawal;
4.2 When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable confirmation and summary web page containing the data recalled. in the previous point;
4.3 The contract is not considered perfected and effective between the parties in defect of what indicated in the previous point;
4.4 The contract between Supplier and Professional purchaser can also be concluded by exchanging e-mails between the two, at the economic conditions indicated therein. The general conditions of the contract will be – in this case – those shown here, subject to the explicit exceptions or changes contained in the proposal and acceptance exchanged between the parties.
TERMS OF PAYMENT
5.1 Each payment by the Purchaser can be made only by means of one of the methods indicated in the appropriate web page by the Supplier;
5.2 Any refund to the Purchaser will be credited by 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 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 communications relating to payments take place 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 compliance with the provisions of the current regulations regarding the protection of personal data;
5.4 Any payment delay – in the relationship between Supplier and professional Buyer – with respect to the date for said agreed payment as well as any extension of payment granted will entail the application of default interest pursuant to and for the purposes of Legislative Decree 231/2002
TIMES AND METHOD OF DELIVERY
6.1 The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser 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 Delivery times may vary from the day of the order to a maximum of 30 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within this period, it will be promptly notified by e-mail to the Purchaser, who may decide to confirm the order to the new delivery conditions or to withdraw from the ordercarried out;
6.3 The methods, times and shipping costs are clearly indicated and well highlighted during checkout on the shopping cart page.
7.1 All sales prices of the products displayed and indicated on the website www.lacerqua.com, are expressed in euro and constitute an offer to the public pursuant to art. 1336 c.c .;
7.2 The sales prices, referred to in the previous point, include VAT and any other tax. Shipping costs and any ancillary charges (eg customs clearance), if any, even if 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 summary web page of the order made;
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog;
7.4 For particular supplies, the sales price will be the one explicitly agreed in the proposal and in the acceptance exchanged between the parties by e-mail.
AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures the processing and fulfillment of orders without delay through the telematic system used. To this end, it indicates in real time, in its electronic catalog, the number of available products and those not available, as well as shipping times;
8.2 If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods are no longer booked or what are the waiting times for obtaining the good chosen, asking if it intends to confirm the ‘order or less;
8.3 The Supplier’s computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail, in accordance with point 4.2.
9.1 The Supplier does not assume any responsibility for disservices due to force majeure, in the event he fails to execute the order within the time stipulated in the contract.
9.2 The Supplier can not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or its sub-suppliers;
9.3 The Supplier shall not be liable for any damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract due to causes not attributable to him, since the Buyer is only entitled to full refund of the price paid and any additional charges supported;
9.4 The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence;
9.5 Under no circumstances can the Purchaser be held liable for delays or errors in the payment if he proves that he has made the payment in the time and manner indicated by the Supplier.
LIABILITY FROM DEFECT, TEST OF DAMAGE AND DAMAGES TO BE DRAWN: THE SUPPLIER’S OBLIGATIONS.
10.1 Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the damaged person, within three months of the request, of the identity and domicile of the producer or of the person who supplied the good ;
10.2 The aforementioned request, by the injured party, must be made in writing and must contain the offer in view of the product, if it still exists;
10.3 The Supplier can not be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or a binding provision, or if the state of scientific and technical knowledge, at the time when the producer put the product into circulation, still did not allow the product to be considered defective;
10.4 No compensation will be due if the damaged person has been aware of the product’s defect and of the danger that derives from it and nevertheless has voluntarily exposed itself to it;
10.5 In any case, the damaged party must prove the defect, the damage and the causal connection between defect and damage;
10.6 The injured person may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the injured party;
10.7 The damage to things referred to in Article 13 of the Consumer Code will, however, be refundable only if it exceeds the sum of three hundred and eighty-seven euros (387 euros).
GUARANTEES AND METHOD OF ASSISTANCE
(Valid only for the purchase made by the non-professional Consumer Buyer)
11.1 The Supplier is liable for any lack of conformity that occurs within the period of two years from delivery of the goods, limited to the supply of products processed or otherwise not fresh.
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 coexist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of the good that 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 good and, where appropriate, the public statements on the specific characteristics of the goods made by the seller, producer or his agent or representative, in particular in advertising or on labeling; d) are also suitable for the particular use intended by the consumer and which has been made known by the seller at the time of conclusion of the contract and that the seller has accepted for conclusive facts;
11.3 The Buyer loses all rights if he does not denounce the lack of conformity to the seller within two 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 case, unless proven otherwise, it is presumed that the conformity defects that occur within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect of conformity;
11.5 In the event of lack of conformity, the Purchaser may request, alternatively and without charge, the following conditions, repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code;
11.6 The request must be sent in writing, by registered letter A.R., to the Supplier, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer’s request, he must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods;
11.7 If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Buyer, he / she may request, at his / her choice, a reasonable reduction of the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to give it to the same, or the reasons that prevent him from doing so, within seven working days of receipt;
11.8 In the same communication, if the Supplier has accepted the Buyer’s request, he must indicate the reduction in the proposed price or the methods for returning the defective goods. In such cases, the Purchaser will indicate the methods for crediting the amounts previously paid to the Supplier.
OBLIGATIONS OF THE BUYER
12.1 The Purchaser undertakes to pay the price of the good purchased in the time and manner indicated in the Contract;
12.2 The Buyer agrees, once the online purchase procedure is completed, to provide for the printing and preservation of the present contract;
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is mandatory before the purchase confirmation.
RIGHT OF WITHDRAWAL
(Valid only for the purchase made by the non-professional Consumer Buyer)
13.1 The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good;
13.2 In the event that the professional has not fulfilled the obligations to provide information on the existence, method and timing of the return or collection of the asset in case of exercise of the right of withdrawal pursuant to Article 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 90 (ninety) days from the day of receipt of goods by the consumer;
13.3 In the event the Purchaser decides to exercise the right of withdrawal, he must notify the seller by means of registered letter A.R. to the address C.da Cerreto n.16 – 62026 SAN GINESIO (MC) – Italy or by e-mail to email@example.com, provided that such communications are confirmed by the sending of registered letter A.R. at C.da Cerreto n.16 – 62026 SAN GINESIO (MC) – Italy within 48 (forty-eight) hours. The stamp affixed by the post office on the issued receipt will be considered authentic. For the purpose of exercising the right of withdrawal, the dispatch of the documentation may validly be replaced by the return of the purchased good, provided that they are in the same terms. The delivery date to the post office or to the forwarder will be valid between the parties.
13.4 The return of the goods must however take place at the latest within 30 (thirty) days from the date of receipt of the asset. In any case, in order to be entitled to full reimbursement of the price paid, the goods must be returned intact and in any case in a normal state of preservation;
13.5 The Purchaser can not exercise this right of withdrawal for contracts for the purchase of products which, by their nature, can not be returned or are liable to deteriorate or expire rapidly (fresh products) as well as goods whose price is linked to market fluctuations financial that the professional is not able to control and in any other case provided for by art.55 of the Consumer Code;
13.6 The only expenses payable by the consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to accept them;
13.7 The Supplier will provide for free reimbursement of the entire amount paid by the Buyer within the period of 30 (thirty) days from receipt of the notice of withdrawal;
13.8 With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.
14.1 The obligations referred to in paragraph 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in Article 5.1, and also the exact fulfillment of the obligations assumed by the Supplier to the point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the termination of contract law x art. C. 1456, without the need for a judicial decision.
PROTECTION OF CONFIDENTIALITY AND PROCESSING OF DATA OF THE BUYER
15.1 The Supplier protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. June 30, 2003 n.196;
15.2 Personal and fiscal personal data acquired directly and / or through third parties by the Supplier “La Cerqua Tartufi Snc”, the data controller, are collected and processed in paper form, computerized, telematics, in relation to the processing methods with the purpose of recording the order and activate 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 business relationships to the extent necessary to best perform the service required (art.24, paragraph 1, letter B, D.Lgs. n.196 / 2003);
15.3 The Supplier undertakes to treat data and information transmitted by the Purchaser with discretion and not to disclose it to unauthorized persons, or to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law;
15.4 Personal data will be communicated, subject to the signing of a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of the contract stipulated and communicated exclusively for that purpose;
- The Purchaser has the rights set out in Article 7 of Legislative Decree 196/03, namely the right to obtain:
1 a) updating, rectification or, when interested, integration of data;
2 b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
3 c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, including as regards their content, of those to whom they have been communicated or disseminated, except in the case in which such fulfillment proves impossible o involves a use of means manifestly disproportionate to the protected right;
The interested party also has the right to object, in whole or in part:
for legitimate reasons, the processing of personal data concerning him, even if pertinent to the purpose of the collection;
2. to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication;
15.6 The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer’s request can not be carried out;
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 be safe;
15.8 Holder of the collection and processing of personal data, is the Supplier, to which the buyer can direct to the company headquarters, every request;
15.9 Anything that should reach the email address (including electronic) of the Center (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 detrimental to the rights of others and truthful, in any case can not be attributed to the Center any responsibility on the content of the messages themselves.
15.9.1 For more privacy details click here.
PROCEDURE OF ARCHIVING THE CONTRACT
16.1 Pursuant to Article 2 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order sent is kept in digital / paper form on server / at the Supplier’s premises according to criteria of confidentiality and security.
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: Contrada Cerreto n. 16 – 62026 SAN GINESIO (MC), ITALY, 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 e-mail address to which he wishes to receive communications from the Supplier.
COMPOSITION OF DISPUTES
18.1 Any dispute concerning the application, interpretation and violation of this purchase contract is subject to Italian jurisdiction;
18.2 All disputes arising from this contract will be referred to the mediation procedure at the Chamber of Commerce of Macerata and resolved according to the Conciliation Rules adopted by the same;
18.3 If the Parties intend to refer to the ordinary judicial authority, the place of jurisdiction is that of the place of residence or elective domicile of the consumer, if located in the territory of the Italian State, mandatory pursuant to Article 32, paragraph 2, letter u) of D.Lgs.n.206 / 2005. For all other customers it is agreed that any dispute will be the responsibility of the Court of Macerata.
APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law;
19.2 Although not expressly provided for here, the provisions of the law applicable to the relationships and circumstances envisaged in this contract according to the Rome Convention of 1980 apply;
19.3 For the non-professional Consumer Buyer, pursuant to art. 60 of Legislative Decree 206/05, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to herein.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.