General terms and conditions of sale
GENERAL INFORMATIONS
These General Conditions of Sale have as their object the purchase of Argenziano srl products carried out remotely via the telematic network on the argenzianoitalia.it site belonging to Argenziano srl based in Avellino – Via EG Turco, 35; each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree. 206/05; the information aimed at the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as regards the protection of confidentiality, it will be subject to the legislation referred to in Legislative Decree 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contracts for the sale of products on the gattomorto.it site are considered concluded at the moment in which the purchase order made by the customer to Argenziano srl is received and the latter accepts it. Argenziano srl will promptly send the customer a receipt of the purchase order made by the customer.The customer, by sending his purchase order electronically, declares to have read and accepted these general conditions of contract and undertakes to observe and respect them in its relations with Argenziano srl
TREATMENT OF PERSONAL DATA
Argenziano srl pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired also verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired in the context of the company’s activity, will be processed in compliance with the aforementioned legislation , including the confidentiality obligations envisaged by these. In relation to the aforementioned, the rights referred to in Article 7 of Legislative Decree no. 196/2003.
OBLIGATIONS OF THE CUSTOMER
The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, the Customer is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the contract conclusion phase.
DEFINITION OF THE ORDER
By sending the online order, the Customer transmits to Argenziano srl. a proposal to purchase the product and / or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale.
Argenziano srl will communicate to the Customer the acceptance and confirmation of the order.
PURCHASE METHOD
The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein, in addition to the delivery costs specified on the site. Before submitting the purchase order, the unit cost of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the relative delivery costs. Once the purchase order has been forwarded, the customer will receive from Argenziano srl an e-mail message certifying the receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of the contract and to the information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of the Law Decree no. 223 “maneuver bis” Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which entered into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in the event of an issue invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to ask customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
PAYMENT
The customer can make the payment due by choosing one of the following methods listed.
Payment by credit card: In the event that the consumer intends to pay by credit card, he can use the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by customers. For any information and further Legal Agreements, the Customer is referred to the website www.paypal.com.
Payment by bank transfer: Payment by bank transfer can be made using the details that will be communicated in the order confirmation.
In the event that the payment is made by bank transfer, the purchased goods will be sent in the manner indicated in the following paragraph “Delivery of Products”, to the address indicated by the customer upon receipt of the credit, therefore on average within two / five days after making the transfer (the timing varies according to the credit institution used). To facilitate the process, the payment receipt together with your order number can be sent by e-mail to: ordini@argenzianoitalia.it
DELIVERY OF PRODUCTS
The purchased good, together with the relative invoice, is delivered by courier to the address specified by the Customer when ordering online. Any specific needs must be proposed by the customer to Argenziano srl.
In case of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender (Argenziano srl)
RIGHT OF WITHDRAWAL
Pursuant to art. 59 cod. of consumption, the right of withdrawal from the purchase contract is excluded for sealed products that have been opened after delivery and for perishable ones, or whose expiry is expected within the legal term of 14 days. from the delivery of the goods; in all other cases the Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good. In the event that the professional has not satisfied the information obligations on the existence, methods and times for returning or withdrawing the asset in case of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address: Argenziano srl Avellino – Via EG Turco, 35 – or by e-mail to the order e-mail @ argenzianoitalia.it For the purposes of exercising the right of withdrawal, the sending of the communication can be validly replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the parties. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned. o risk to deteriorate or expire rapidly, from the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is not able to control and in any other case provided for by art. 55 of the cod. cons. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal. With the receipt of the communication with 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.
METHOD FOR EXERCISING THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforementioned term, a written communication to the address of Argenziano srl by registered letter with acknowledgment of receipt to the following address: Argenziano srl – Avellino – Via EG Turco, 35
If the goods have been delivered, the customer is required to return them to Argenziano srl within 15 (fifteen) working days from the date of delivery of the goods. The goods must be returned to Argenziano srl complete with every part and any accessory or instruction manual and all that was originally delivered to the customer, as well as packed in its original packaging. The returned product must be accompanied by a copy of the electronic receipt of the order. The costs of returning the goods to Argenziano srl are charged to the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Argenziano srl is required to reimburse the sums paid by the customer. In particular, Argenziano srl will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the customer’s exercise of the right of withdrawal. . This operation will be carried out via PayPal refund where possible or by crediting the sum to the bank account indicated by the customer. Argenziano srl has the right to reject any product returned with methods other than those specified above, as well as products for which the return costs have not been fully paid by the customer, or the methods and times indicated for communication have not been respected. exercising the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the asset, Argenziano srl reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s electronic address.
COMPLAINTS
For any complaint or clarification, the customer must write to the e-mail address ordini@argenzianoitalia.it
The customer will be contacted for clarification within 3 (three) working days from the request.
APPLICABLE LAW AND JURISDICTION
All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Avellino Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) of the code cons.
REFERENCE
This contract is regulated by the Italian law. Although not expressly provided here, the laws applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980. Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons.