General conditions
Supplier Identification
The goods which are the subject of these general conditions are offered for sale by “viale del re di Raffaella Loschiavo” with registered office in Via del re 33 frazione di Catona, 89135 Reggio Calabria, registered with the Chamber of Commerce of Reggio Calabria at no. RC-208689 of the Company Register, Tax Code LSCRFL81D47H224J, VAT number 03077590804 hereinafter referred to as the “Supplier”.
Art. 1
Definitions
1.1. The term “online sales contract” means the sales contract relating to the tangible movable goods of the Supplier, stipulated between the latter and the Buyer within the scope of a remote sales system via electronic tools, organised by the Supplier.
1.2. The term “Purchaser” refers to the natural person who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term “Supplier” means the entity identified above or the entity that sells the goods through the website indicated in the following article.
Art. 2
Object of the contract
2.1. With this contract the Supplier sells and the Buyer purchases remotely, via telematic tools, the tangible movable goods presented and offered for sale on the website www.vialedelre33.com
2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal reachable at the address: www.vialedelre33.com
Art. 3
How to enter into a contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet in remote telematic mode, through the Buyer accessing the web address www.vialedelre33.com, where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded following the timely completion of the registration form by the Buyer - with the provision of consent to the processing of personal data, according to the Privacy Policy of the website, by accepting the "Terms and conditions of sale" - and the sending of the purchase form filled in by the system after the insertion of the selected products in the electronic cart. Before the final sending of the order, the Buyer will be invited to check the contents of the cart, with a summary of the same in which the details of the person ordering and the order are reported, the price of the selected goods, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the terms for exercising the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, he will send a confirmation email or display a web page confirming and summarizing the order itself, which will also contain the data referred to in the previous point.
Art. 5
Payment and refund methods
5.1. Payment by the Buyer may only be made using one of the methods indicated in the purchase procedure by the Supplier.
5.2. Any refund to the Buyer will be credited using the same payment method chosen by the Buyer when placing the order. The Supplier, in the event of exercising the right of withdrawal, will therefore refund the purchase price immediately after receiving the return of the goods sold and having verified their condition. The shipping costs incurred for returning the goods remain the responsibility of the Buyer.
5.3. All communications relating to payments take place using third-party encryption systems designed to protect the transactions carried out (e.g. PayPal payment system).
Art. 6
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from confirmation of the order, as required by current legislation. In the event that the Supplier is unable, for any reason, to ship within said timeframe, it will promptly notify the Buyer via email sent to the address provided by the latter during the purchase procedure.
6.3. Upon delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the sealing tapes if present.
In the event that the delivered goods present any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Supplier, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.
In the event that the customer decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights he/she must contest the unsuitability of the packaging to the courier, by writing “RESERVATION OF INSPECTION OF GOODS DUE TO …” (indicating the reason for the reservation in question) on the delivery document, of which he/she must retain a copy.
Art. 7
Prices
7.1. All product sales prices are indicated on the web address www.vialedelre33.com, are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2. The sales prices referred to in the previous point include VAT and any other taxes. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the Buyer and are contained in the order summary web page, as well as in the summary email sent following the conclusion of the purchase procedure.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue. Any promotional offers are specifically indicated and marked on the site with the words “promotional offer”, “product on promotion” or with equivalent names.
Art. 8
Product Availability
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 available and unavailable products, as well as shipping times.
8.2. If an order exceeds the available quantity, the Supplier will notify the Buyer via email whether the item is no longer bookable or what the waiting times are to obtain the item chosen, asking whether the order should be confirmed or not.
8.3. The Supplier's IT system will confirm the registration of the order as soon as possible by sending the Buyer a summary email, pursuant to point 4.2.
Art. 9
Limitations of liability
9.1. The Supplier assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances.
9.2. The Supplier shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
9.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to him.
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.
Art. 10
Supplier's obligations for defective products, proof of damage and compensable damages
10.1. The Supplier shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product with a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.2. No compensation will be due if the injured party was aware of the defect of the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. Likewise, defects resulting from bad and/or incorrect use of the purchased goods, from external causes (e.g. impacts, falls, etc.), from carelessness and improper use cannot be attributed to the Supplier's liability.
10.3. In any case, the injured party must prove the defect, the damage and the causal connection between the defect and the damage.
Art. 11
Guarantees and assistance methods
11.1. The Supplier is liable for any lack of conformity that becomes apparent within 14 days of delivery of the goods.
11.2. The Buyer loses all rights if he does not report the lack of conformity to the Supplier within 14 days from the date on which the defect was discovered.
11.3. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated 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 onerous for the Supplier. Products that show clear signs of tampering or faults caused by improper use or by external agents not attributable to manufacturing faults and/or defects are not covered by the warranty.
11.4. The request must be sent in writing, by registered mail, to the Supplier, who will indicate his willingness to proceed with the request - or the reasons that prevent him from doing so - within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the methods of shipping or returning the goods as well as the expected deadline for returning or replacing the defective goods.
Art. 12
Buyer's Obligations
12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via email attached to the purchase order confirmation.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges this – before the purchase confirmation, through electronic procedures.
Art. 13
Right of withdrawal
13.1. The Buyer has in any case the right to withdraw from the contract stipulated, without paying any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt of the purchased goods.
13.2. In the event that the Buyer decides to exercise the right of withdrawal, he/she must notify the Supplier by registered mail to be sent to the address via del re 33 frazione di Catona, 89135 Reggio Calabria, anticipated by e-mail sent to vialedelre33@pec.it provided that such communication is confirmed by sending the aforementioned registered mail within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be valid.
13.3. The return of the goods by the Buyer - under penalty of forfeiture - must take place no later than 14 (fourteen) days from the date of communication of the withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in their original packaging and without having been used by the Buyer.
13.4. For the purposes of exercising the right of withdrawal, pursuant to this article, the direct costs of returning the goods to the Supplier shall be borne by the Buyer.
13.5. The Supplier will refund the price paid by the Buyer after receiving the goods subject to withdrawal, without prejudice to the conditions set out in the previous point 13.3 so that the Buyer can obtain the aforementioned refund.
13.6. Upon receipt of the registered letter 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.
Art. 14
Protection of confidentiality and processing of Buyer data
14.1. The Supplier protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, no. 196.
14.2. The personal and fiscal data acquired by the Supplier, the data controller, are collected and processed in the forms and according to the methods provided for by the Privacy Policy of the site.
Art. 15
Communications and complaints
15.1. Written communications addressed to the Supplier and any complaints will be taken into consideration only if sent by email to the following address: vialedelre33@pec.it
The Buyer undertakes to indicate in the website registration form his/her residence or domicile, telephone number and email address to which he/she wishes the Supplier's communications to be sent.