ON-LINE SALE CONTRACT FOR CONSUMER GOODS
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are put up for sale by Belfiore s.r.l. based in Milan, Piazzale Aquileia n.6, 20144 Milan, VAT no. 08303150968, hereinafter referred to as «Supplier»,
The term “sales contract” means the purchase and sale contract relating to the material movable property of the Supplier, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools organized by the Supplier.
1.2 The term “Purchaser” refers to the consumer who is the physical person who makes the purchase, as per this contract, for purposes not related to the commercial or professional activity carried out.
1.3 The term “Supplier” refers to the subject indicated in the epigraph or the person providing the information services.
2) SUBJECT OF THE CONTRACT
2.1 With the present contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible movable goods indicated and offered for sale on the website www.calzaturebelfiore.com
2.2 The products referred to in the previous point are illustrated on the web page: www.calzaturebelfiore.com
3) METHOD OF STIPULATING THE CONTRACT
The contract between the Supplier and the Purchaser is concluded exclusively through the internet through the Buyer’s access to the address www.calzaturebelfiore.com, where, following the procedures indicated, the Purchaser will come to formalize the proposal for the purchase of goods the contract for the purchase of the assets referred to in paragraph 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded by the exact compilation 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.calzaturebelfiore .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 time 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.
5) METHOD OF PAYMENT AND REFUND
5.1 Each payment by the Purchaser can be done only by means of one of the methods indicated in the appropriate web page by the Supplier.
5.2 Any reimbursement 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.
5.3 All communications relating to payments take place on a special line of the Supplier protected by 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.
6) 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 20 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within this period but, however, within the one indicated in the following point, it will be promptly notified by e-mail to the Buyer. 6.3 The methods, timing and shipping costs are clearly indicated and well highlighted at www.calzaturebelfiore.com. 7) PRICES 7.1 All sales prices of products displayed and indicated on the Internet site www.calzaturebelfiore.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. The shipping costs and any additional 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 sent by the Purchaser and also contained 7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog. 8) AVAILABILITY OF PRODUCTS 8.1 The Supplier ensures the processing and fulfillment of orders without delay through the telematic system used. For this purpose, 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, according to point 4.2.
9) LIMITATION OF LIABILITY
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 disservices 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 damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, having the Buyer only entitled to the refund of the paid price, reduced by the percentage title of commission for the bank transaction carried out, and any additional charges incurred.
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.
10) LIABILITY BY DEFECT, TEST OF DAMAGE AND DAMAGES RESULTED: THE OBLIGATIONS OF THE SUPPLIER.
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 indicate the product that caused the damage, the place and date of the purchase; must also 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, it 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. Any liability of the Supplier is excluded even if the damage suffered is due to the inadequacy of the characteristics of the chosen product with regard to the use to which the asset is destined, taking into account the use to which goods of the same type are normally used.
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 party 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 art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
1) GUARANTEES AND METHOD OF ASSISTANCE
11.1 The Supplier is liable for any lack of conformity that occurs within two years from the delivery of the goods.
11.2 For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances exist: 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 Supplier and possess the qualities of the goods that the Supplier 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 in this regard by the Supplier, producer or his agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use intended by the consumer and which has been brought to the attention of the Supplier at the time of conclusion of the contract and that the Supplier has accepted also for concluding facts. It does not constitute a lack of conformity, and therefore excludes any responsibility of the Supplier, any improper use of the good that results from negligence of the consumer or if the goods are destined for a use unrelated to that which is normally intended according to normal diligence.
11.3 The Purchaser loses all rights if he does not denounce to the Supplier the lack of conformity within a period of two months from the date on which the defect was discovered. The complaint is not necessary if the Supplier 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 too expensive 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, 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 from 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.
12) OBLIGATIONS OF THE BUYER
12.1 The Purchaser undertakes to pay the price of the purchased good in the times and methods indicated in the Contract.
12.2 The Buyer agrees, once the online purchase procedure is 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 Purchaser, who acknowledges this, as this step is mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL AND REPLACEMENT OF GOODS
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 the term of 10 (ten) working days, starting from the day of receipt of the purchased good.
13.2 Within the same period of 10 (ten) working days, starting from receipt of the purchased goods, the Purchaser may request the replacement of the goods exclusively with the same model of different size, providing for the shipment of the same at the Supplier’s premises at his own and expenses and withdrawing the replaced good by postal mark. Condition to exercise the right of replacement is that the goods are returned intact and in the same condition in which it was at the time of delivery. The Supplier undertakes to deliver the replaced good within the terms provided for by art. 6, which will start from the moment of receipt of the good being replaced.
13.3 In the event that the professional has not fulfilled the obligations to provide information on the existence, method and timing of the return or withdrawal of the asset in case of exercise of 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 goods by the consumer.
13.4 In the event the Purchaser decides to exercise the right of withdrawal, he must notify the Supplier by registered letter A.R. at Belfiore Calzature s.r.l., Via Belfiore n. 9, 20145 Milan or by fax at 02-468042 or by e-mail to email@example.com, provided that such communications are confirmed by the sending of registered letter A.R. at Belfiore Calzature s.r.l., Via Belfiore n. 9, 20145 Milan within 48 (forty-eight) hours thereafter. 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 sending of the communication 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.
13.5 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, 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 conservation.
13.6 The Purchaser can not exercise this right of withdrawal for contracts for the purchase of products made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly, as well as goods whose price is linked fluctuations in the rates of the financial market that the trader is not able to control and in any other case provided for by art. 55 of the Consumer Code
13.7 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.
13.8 The Supplier will provide free of charge for the reimbursement of the entire amount paid by the Purchaser, reduced by the percentage fee as commission for the bank transaction carried out, within the term of 30 (thirty) days from receipt of the notice of withdrawal.
13.9 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 reciprocal obligations, except as provided for in the previous points of this article.
14) CAUSE OF RESOLUTION
14.1 The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser carries out with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the failure to fulfill only one of these obligations, if not determined by chance or force majeure, will result in the resolution of contract law ex art.1456 of the Civil Code, without the need for a judicial decision.
5) 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 Belfiore Calzature srl, owner of the treatment, are collected and processed in paper form, computerized, telematics, in relation to the processing methods with the purpose of registering the order and activate to him 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 requested service ( Article 24, paragraph 1, letter b, of Legislative Decree No. 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, after signing a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively for that purpose.
15.5 The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely: the right to obtain:
a) updating, rectification or, when interested, integration of data;
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;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment is it proves impossible or 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:
i) for legitimate reasons, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection;
ii) 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 Purchaser can direct any request to the company headquarters.
15.9 Anything that should reach the email address (even electronic) of the Center (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 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.
16) METHOD OF STORAGE OF THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order sent is stored in digital / paper form on the server / at the Supplier’s premises according to 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: Belfiore Calzature s.r.l., Via Belfiore n. 9, 20145 Milan or faxed to the number 02-468042 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.
18) COMPOSITION OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Mediation Body established at the Chamber of Arbitration of Milan, located in Via Meravigli n. 9 / B, Milan and resolved according to the Regulations adopted by the same.
18.2 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, which is mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree. n. 206/2005
19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law.
19.2 Although not expressly provided for herein, the legal provisions applicable to the relationships and circumstances envisaged in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.3 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.
19.4 If the Purchaser is a professional or a person not classified as a “consumer” pursuant to art. 3 D.L. vo 206/05, the rules set forth in Articles 1321 and ss as well as 1470 and ss. of the Civil Code;
20) Change of the CONTRACTUAL CLAUSES
20.1 On the occasion of each modification of the clauses provided for in this contract, Belfiore will promptly publish the amended version on the Website.
20.2 The modified clauses will become an integral part of the new contracts, with effect from the first Order forwarded by the Purchaser, following their publication on the Site. In the case of Orders already submitted before such communication, the previous contractual version will apply.
21.1 Should a present or future provision of the contract be or become totally or partially invalid and / or ineffective or there is a gap in the same, the remaining provisions will remain valid and effective in any case. It is understood that Calzature Belfiore and the Purchaser will undertake to negotiate in good faith the integration of the gap or the replacement of the null and / or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.
22) FINAL CLAUSE
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
A – I DO NOT ACCEPT THE CONDITIONS ABOVE
B – I ACCEPT THE CONDITIONS ABOVE
23) SPECIFIC ACCEPTANCE AND VESSATORY CLAUSES
Pursuant to and for the purposes of art. 1341 and 1342 of the Civil Code, the Purchaser, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses:
9) LIMITATION OF LIABILITY
14) CAUSES OF RESOLUTION
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF DATA OF THE BUYER
18) COMPOSITION OF DISPUTES
A – I DO NOT ACCEPT THE CONDITIONS ABOVE
B – I ACCEPT THE CONDITIONS ABOVE