Accademia Nemo S.R.L . con sede/ in Firenze (ITALY), via Dei Bardi 28 CAP 50125, iscritta presso la Camera di Commercio di Firenze (REA) del Registro delle imprese, CF n. 01837760972 partita IVA n 01837760972 di seguito indicata come
“Fornitore”, indirizzo di posta elettronica email@example.com
Contract online sales of consumer goods
The Buyer expressly to make the purchase for purposes unrelated to their commercial or professional activity.
Identification of Supplier:
The real object of these general conditions are to be sold by Accademia Nemo S.R.L, registered with the Chamber of Commerce of Florence at No. REA company’s Registry, CF and VAT 01837760972 hereinafter referred to as “Supplier”, e-mail address firstname.lastname@example.org
1.1. The term “contract of sale on line” means the purchase agreement relating to movable property of the Supplier, signed between them and the Purchaser as part of a sales system remotely via telematics, organized by the Supplier.
1.2. The term “Purchaser” shall mean the natural person who does the consumer purchase, under this agreement, for purposes not related to their commercial or professional activity.
1.3. The term “Supplier” means the person named in the epigraph or the lender for information services.
“2. Subject of the contract”
2.1. With this contract, respectively, the Vendor sells and the Purchaser acquires at a distance through telematics means movable tangible property listed and offered for sale on the site www.fornitore.com.
2.2. The products referred to above are explained on the website www.lacittadellenuvole.com/store
“3. Mode of conclusion of the contract”
The contract between the Supplier and the Buyer concludes exclusively through the Internet by Buyer access at www.lacittadellenuvole.com, where, following the procedures indicated, the Buyer formalizes the proposal for the purchase of goods contract for the purchase of the property referred to in paragraph 1 of Previous article.
“4. Conclusion and effectiveness of the contract”
4.1. The purchase agreement is concluded by correctly filling in the application form and consent purchase expressed by the accession sent online or by filling out the form / form attached to the e-catalog online at www.lacittadellenuvole.com/checkout/ and then send the form module, always after viewing a web page order summary, printable, which shows the details of the originator and the order, the price of goods purchased, expenses 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 by the Buyer shall send an e-mail confirmation or viewing a webpage confirmation and order summary, printable, where they also reported the data retrieved in the previous step.
4.3. The contract is deemed not perfected and effective between the parties failing to point previous.
“5. Payment and refund”
5.1. Each payment by the Purchaser will only take place through one of the methods indicated in the web page by the Supplier.
5.2. Any refund will be credited to the Purchaser by one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in the case of exercising the right of withdrawal, as governed by clause 13, paragraph 2 and following of this contract, at the latest 30 days the date on which the Supplier is aware of the termination.
5.3. All communications concerning payments are made on a specific line Supplier protected by encryption system. The Supplier guarantees the storage of this information with a further level of encryption security and in accordance with the provisions of current legislation regarding the protection of personal data.
“6. Timing and mode of delivery”
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or listed on the website at the time of the offer of good, as confirmed in the email referred to in paragraph 4.2.
6.2. The timing of the costs may vary from the day the order to a maximum of working days the confirmation of the same. In the event that the Supplier is unable to ship within that period but in any event within that indicated in the following point, it will be given timely notice by e-mail to Buyer.
6.3. The manner, timing and shipping costs are clearly stated and well highlighted at http://www.lacittadellenuvole.com/faq
7.1. All the selling prices of the products displayed and indicated on the website http://www.lacittadellenuvole.com/store/, are expressed in euro and an offer to the public pursuant to art. 1336 cc
7.2. The sales prices of the previous point, include VAT and any other taxes. The shipping and any additional charges (eg customs clearance), if any, while not included in the purchase price must be indicated and calculated in the process prior to the order by the buyer and also contained in the web page summary of your order.
7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.
“8. Product Availability”
8.1. The Supplier assures through the electronic system used processing and fulfillment without delay. To do so indicates in real time, in its electronic catalog, the number of products available and those not available, and shipping times.
8.2. If an order exceeds the amount present in the warehouse, the supplier, by e-mail, it will make known to the Purchaser if the property is not fully booked or what are the waiting time to get the good chosen, asking whether it confirms the ‘ order or less.
8.3. The computer system of the Supplier confirms in the shortest possible time the registration order by sending you a confirmation by e-mail, according to paragraph 4.2.
“9. Limitation of Liability”
9.1. The Provider assumes no liability for disruptions caused by force majeure, if not able 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 sub-suppliers.
9.3. The Supplier will not be responsible for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to him, as the Buyer shall only be entitled to a refund of the price paid and any additional expenses .
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, when payment for goods purchased, if he proves that he took all possible precautions 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 delays or mistakes in the payment if it demonstrates that he made the payment in the same time and manner specified by the Supplier.
“10. Responsibility to defect, proof of damage and 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 inform the injured, within three months of the request, the identity and address of the manufacturer or the person who supplied him with the good .
10.2. The above request, by the injured party must be in writing and must indicate the product that caused the damage, the place and date of purchase; It should 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, in a rule of law imperative or binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, not even allowed to consider the product as defective.
10.4. No compensation will be due if the injured party was aware of the defect in the product and the danger entailed by it and yet there has voluntarily exposed.
10.5. In any case, the damage must prove the defect, damage, and the causal relationship between defect and damage.
10.6. The injured party may demand compensation for damage caused by death or personal injury or destruction or deterioration of property other than the defective product, provided of a type ordinarily intended private use or consumption, and so mainly used by the injured.
10.7. Damage to property in art. 123 of the Code of consumption will, however, compensable only to the extent that exceeds the sum of EUR trecentottantasette (EUR 387).
“11. Guarantees and terms of service”
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 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 has held out 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 property and, where appropriate, public statements on the specific characteristics of the goods made about them by the seller, the the manufacturer or his agent or representative, particularly in advertising or labeling; d) I am also particularly suitable for use the consumer requires them and which was made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
11.3. The Purchaser has no right when it denounces the seller of the lack of conformity within a period of two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
11.4. In any case, unless proved otherwise, it is assumed that the lack of conformity 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. In case of lack of conformity, the Purchaser may ask, either without charge, under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request not objectively impossible to satisfy or it is prohibitively expensive for the Supplier to Article .130, paragraph 4, of the Consumer Code.
11.6. The request should be sent in writing, by registered mail with return receipt or by certified mail, to the Supplier, which will indicate their willingness to act on your request, or the reasons that prevent him to do so within seven days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, will have to 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 carried out previously have caused significant inconvenience to ‘ buyer, you can ask, at its option, an appropriate price reduction or termination of contract. The Buyer shall then send their request to the Supplier, which will indicate their willingness to act 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, will have to indicate the price reduction proposal or how to return the defective goods. In such cases it will charge Purchaser indicate how the crediting of amounts previously paid to the Supplier.
“12. Obligations of the Purchaser”
12.1. Buyer agrees to pay the price of the goods purchased in the time and manner specified in the contract.
12.2. Buyer agrees, once the purchase process online, to handle the press and the conservation of this contract.
12.3. The information contained in this contract are, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before confirmation of purchase.
“13. Return Policy”
13.1. The Purchaser has in any case the right to cancel the contract without penalty and without giving any reason, within 14 (fourteen) working days from the day of receipt of the goods purchased.
13.2. In the event that the trader has fulfilled its obligations to provide information on existence, methods and timing of the return or collection of the goods in the event of exercising the right of withdrawal pursuant to Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is of 90 (ninety) days starting from the day of receipt of goods by the consumer. 13.3. If the Buyer decides to exercise the right of withdrawal, must inform the seller by registered mail with return receipt to Via Dei Bardi 28 CAP 50125 Florence (Italy) within 7 days of receipt of the goods. To exercise the right to withdraw such notice may validly be replaced by returning the purchased, provided that the same terms. It shall prevail between the parties the date of delivery to the post office or shipping agent.
13.4. The return of the property will still 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 normal condition.
13.5. The Purchaser may not exercise this right of withdrawal for the purchase of audiovisual products or sealed software which have been opened by the same, as well as goods made to specifications or clearly personalized or which by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is dependent on fluctuations in the financial market that the trader is able to control and in any other case provided by art. 55 of the Code. cons.
13.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to the Supplier, unless the Supplier do not agree to accollarsele.
13.7. The Supplier will free the repayment of the full amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.8. With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the parties to this contract are dissolved by mutual obligations, except as provided in paragraphs of this article.
“14. Causes of resolution”
14.1. The bonds referred to in 12.1 assumed by the Buyer, as well as security for the payment to the Purchaser with the media in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6 are essential, so that by express agreement, the failure of even one of these obligations, if not caused by accident or force majeure, will result in the resolution of the contract under 1456 cc, without any judicial decision.
“15. Protection of confidentiality and data processing Purchaser”
15.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 1961.
15.2. Personal data collected directly and / or through third parties by the Supplier, the data controller, are collected and processed in printed, computing, telematics, in relation to the mode of treatment, with the purpose of registering the order and the activation him with the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any obligation of the law, and to enable efficient management of business relationships to the extent necessary to perform the best service required (art. 24 , paragraph 1, letter b) of Legislative Decree no. 196/2003) 22.
15.3. The Supplier undertakes to treat as confidential data and information provided by the Purchaser and not to disclose to unauthorized persons, nor to use them for purposes other than those for which They were collected or to transmit them to third parties.
1 Ruling of the General Authority for the Protection of Personal Data simplifications of certain acts in public and private for processing operations for administrative or accounting purposes on 19 June 2008, published in the Official Gazette on 1 July 2008, n. 152.
2 General measure of the Authority for the Protection of Personal Data Practical Guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in Official Gazette of June 21, 2007, n. 142. Such information can be disclosed only on request of the court or other authority authorized by law.
15.4. Personal information will be disclosed after signing of a commitment to confidentiality of the same, only to delegates to 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 Leg. 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 that need not be kept for the purposes for which the data were collected or subsequently processed;
- c) confirmation that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disclosed, except if this requirement impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part, for legitimate reasons to the processing of personal data, pertinent for collection purposes; to the processing of personal data for purposes of sending advertising materials or direct sales 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 be given with a request by the Buyer.
15.7. In any case, the data collected will be kept for a period of time no longer than 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 Provider, to which the purchaser may direct at the corporate headquarters, every richiesta3.
15.9. Any communications sent to the email (including electronic) of Supplier (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 violate the rights of others and true, in any case it can not be attributed to the Supplier no responsibility for the content of the messages themselves.
“16. Storage mode of the contract”
16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on a server / at the headquarters of the Supplier, according to the criteria of confidentiality and security.
“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 Dei Bardi 28 CAP 50125 Florence. The Purchaser means the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
18.1. All disputes arising from this contract shall be resolved in a conciliation attempt at mediation body of the Chamber of Commerce of Florence and resolved according to the Conciliation Rules adopted by it.
18.2. If either Party intends to appeal to the ordinary judicial authorities, the jurisdiction is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
“19. Applicable law and court”
19.1. This agreement is governed by Italian law.
19.2. Although not expressly provided, 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. Under Article 19.3. 60 cod. cons., it is expressly invoked the provisions contained in Part III, Title III, Chapter I cod. cons.
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.