The Purchaser expressly declares that he or she is making the purchase for purposes other than his or her commercial or professional activity.
Identification of the Seller
The goods subject to these general conditions are sold by “Fontanili Alessandro s.r.l. unipersonale”, whose office is located in Barco di Bibbiano (RE) – Italy, via G. Ambrosoli n. 14/B, registered with the Reggio Emilia Chamber of Commerce, with VAT n. 02568390351, hereinafter indicated as the "Seller".
1.1. The expression "on line sales contract" is understood as a contract for the sale and purchase of the Seller's movable property, stipulated between the Seller and the Purchaser within the ambit of a remote sales system, managed through telecom-data transmission instruments, organized by the Seller.
1.2. The expression "Purchaser" is understood as the consumer who makes the purchase this contract refers to; a physical person who is making the purchase for purposes other than his or her commercial or professional activity.
1.3. The expression "Seller" is understood as the party indicated herein, namely the party providing the information services.
Subject of the Contract
2.1. Under this contract, the Seller sells and the Purchaser buys the movable property indicated and offered for sale on the website www.bazzecole.com using remote telecom-data transmission instruments.
2.2. The products relative to the point above are illustrated on the website: www.bazzecole.com
Manner of Stipulation of the Contract
3.1. The contract between the Seller and Purchaser is stipulated exclusively through the Internet, when the Purchaser accesses the website www.bazzecole.com, where he or she is guided in formalizing a proposal for the purchase of the goods indicated in point 2.1 above, by following the procedures and instructions indicated.
3.2. Those users who want to register themselves on the website in order to have the possibility to make a purchase will have to give to the Seller some personal data and to follow the registration procedure described step by step during the registration.
The authentication process is one of the normal security and authentication procedures and its aim is to guarantee users security and to be sure that users are really involved in the registration.
During the registration procedure, users will have to state a working e-mail address and to choose a personal password in order to have the possibility to enter the reserved area for registered users and to go on with purchases.
3.3 Access code knowledge by third parties may give unauthorized third parties the possibility to enter the web site and/or in its activities.
It is the responsibility of each User to guarantee and verify the ownership and custody of their personal password and relative access codes to the web resources. In case of access code loss or theft, the user shall promptly notify the company that will proceed with deactivation and replacement of the data. The user is directly and indirectly responsible for any unauthorized use of the Services both by himself or by third parties who use the services on his behalf.
Conclusion and Effectiveness of the Contract
Conclusion and Effectiveness of the Contract
4.1. In order to conclude the purchase agreement of one or more products at www.bazzecole.com, the Purchaser will have to complete the form that he/she will find at the web site and then send the form to the Seller, by data transmission, following the connected instructions.
4.2. In the order form, users will find "General terms and conditions of sale" (cancellation and return included), a summary concerning the most important information of each product purchased and its price (including tax), all information concerning how to pay, all information concerning the purchased product delivery, transport and delivery costs.
4.3 Before purchasing products and transmission of the order form, you will be asked to review and approve the General Conditions of Sale, the user can print a copy of the General Conditions of Sale and/or store them to support durable.
4.4 The order form will be saved only for the time necessary to finalize the order and in any case only for the time set forth by law. The Purchaser will receive an order resume by e-mail and he will be updated by the Seller concerning the actual state of the order.
4.5 Before submitting the order form, the user can detect and correct errors in data entry and follow the instructions from time to time indicated on the site and which will accompany the different phases of the purchase.
4.6 The Purchaser will use the Italian language in order to close the contract with the Seller.
4.7. Sending an order, the Purchaser does a purchasing proposal of products chosen following these General Conditions of Sale. The Seller is free to accept or reject the proposal.
4.8 After the order acceptance, the Seller will give acceptance information to the Purchaser by an order confirmation sent by e-mail. The Order Confirmation will be valid from its dispatch. If the order is not accepted, the Seller will inform the Purchaser using the e-mail address stated in the order form.
4.9 All advertising information on the web site www.bazzecole.com are a negotiation invitation. None of this information may be considered as an offer to supply.
4.10 The Seller reserves the right not to accept the order if some items are unavailable or if order are not completed, not correct or they do not give enough solvency guarantees. In these cases, the Seller will promptly notify the Purchaser by e-mail about the rejection of the order and the Seller will explain all the reasons why.
Manner of Payment and Reimbursement
5.1. All payments by Purchasers must take place exclusively through the Seller accepted payment methods.
5.2. Any reimbursement to the Purchaser will be accredited with one of the procedures proposed by the Seller and chosen by the Purchaser, in a timely manner and, in the event the right of withdrawal has been exercised, in the manner regulated by Article 13, point 2 and following of this contract, within a maximum of 30 days from the date on which the Seller came to the knowledge of the withdrawal.
5.3. All communications relative to payments take place on a special secure line of the Seller's, which is protected by a coded system. The Supplier guarantees memorization of this information with an additional level of security coding and in accordance with the provisions of the law on the protection of personal data.
Terms and Manner of Delivery
6.1. The Seller will provide for shipment of the products selected and ordered in the manner chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed through the procedure foreseen in point 4.8.
6.2. The terms of shipment may vary from the same day of the order to a maximum of 5 working days following confirmation of the order. In the event the Seller is not able to make the shipment within said term, but in any case within the term indicated in the following point, the customer will be advised accordingly and in a timely manner by e-mail.
6.3. The procedure, terms and costs of shipment are clearly indicated and stressed on the website www.bazzecole.com
7.1. All sales prices of the products displayed and indicated on the website www.bazzecole.com are expressed in Euros.
7.2. The sales prices indicated in the previous point include VAT and all other taxes and duties. The cost of shipment and possible accessory charges (i.e. customs duty), if present, albeit not included in the price of purchase, must be indicated and calculated during purchasing procedure, prior to sending in the order; this information is also indicated on the web page recapitulating the order.
7.3. The prices indicated alongside each product offered to the public are valid for the entire period of time they are indicated in the catalogue.
Availability of Products
8.1 The Seller undertakes to make every effort in order to carry out the supply of the products indicated in the order confirmation. However, it may happen that the Seller is not able to supply these products because, for example, these products are no longer available or because it will no longer be able to get to the source of production of the same. It may also happen that the order is not valid because of a clerical error in the price indication on the site www.bazzecole.com. In this case, the Seller will contact the Purchaser promptly, and in any case within thirty (30) days from the day after the order transmission, in order to inform him and to propose alternative products. If the Purchaser does not accept the proposals, his order concerning the products that the Seller is not able to provide will be eliminated and the Purchaser will be refunded the amount already paid. In any case, if the Seller is not be able to deliver the purchased products, the liability of the Seller will not go beyond the return of the total amounts already paid by the Purchaser.
Limitations of Responsibility
9.1. The Seller accepts no responsibility for disservices imputable to force majeure, in the event he is prohibited from filling orders within the timeframe foreseen in the contract.
9.2. The Seller cannot be held responsible towards the Purchaser, except in the case of malice or serious negligence, for disservices or malfunction connected with use of the Internet, which is beyond his own or his sub-suppliers' control.
9.3. Additionally, the Seller will not be held responsible in connection with damages, loss and costs sustained by the Purchaser following failure to perform the contract for causes that cannot be imputed to him, since the Purchaser only has a right to full restitution of the price paid and of any accessory charges sustained.
9.4. The Seller will accept no responsibility for fraudulent and illicit use of credit cards perpetrated by third parties, fraudulent and illicit use of cheques and other means of payment for the products purchased, providing he can demonstrate that he has taken every possible precaution, on the basis of the best knowledge and experience available at the time and on the basis of ordinary diligence.
Liability for defects, evidence of harm and damages: the obligations of the Supplier
10.1. 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, to a rule of law imperative or a binding measure, or if the state of scientific and technical knowledge at the time when the producer he put the product into circulation, not even allowed to consider the defective product.
10.2. No compensation will be due if the Damaged party was aware of the defect in the product and the danger entailed by it and yet there has voluntarily exposed.
10.3. In any case the Damaged must prove the defect, damage, and the causal relationship between defect and damage.
Guarantees and Assistance Procedures
11.1 The Seller is liable for any lack of conformity which becomes apparent within a period of two years from the delivery of the product.
11.2. For the intents and purposes of this contract, it is assumed that the consumer goods are in conformity with the contract, providing, where applicable, that the following circumstances exist: a) the products are suitable for the purpose that goods of the same type are normally used for; b) they are in conformity with the description made by the Seller and possess the qualities that the Seller presented to the Consumer with a sample or model; c) they possess the qualities and typical performance of goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, if necessary, public declarations relative to the specific characteristics of the goods, made by the Seller, the producer or by his agent or representative, especially in the relative publicity or on the label; d) the goods are also suitable for the particular use desired by the Consumer, which he or she has brought to the knowledge of the Seller at the time of conclusion of the contract and which the Seller has accepted, even due to conclusive facts.
11.3 The Purchaser loses all rights if it does not inform the Seller about the non conformity within two months from the date of the defect discovery. The complaint is not required if the Seller has acknowledged the existence of the defect or has concealed it.
11.4 In all cases, unless proved otherwise, it is assumed that any non conformity which arises within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the non conformity.
11.5 In the case of non conformity, the Purchaser may ask, alternatively and without costs, under the conditions set out below, the purchased product restoration or replacement, a purchase price reduction or the dissolution of this contract, unless the request is not objectively impossible to satisfy, i.e. it is prohibitively expensive for the Seller in accordance with Consumer Code, art. 130 , paragraph 4.
11.6 The application should be sent to the Seller with a registered letter with return receipt; within and not beyond 7 days after the receipt, the Seller will notify his willingness to carry out the Purchaser request or the reasons why he is not able carry out the request. In the same communication, if the Seller accept the Purchaser request, he will have to show the goods delivery or returns method and also the deadline for the return or the replacement of the defective product.
11.7 If the restoration and the replacement are impossible or too expensive or if the Seller has not restored or replaced the product within the deadline above mentioned or if the restoration and replacement previously made has caused to the Purchaser notable problems, the Purchaser should ask for a congruous price reduction or for the dissolution of the contract. In this case the Purchaser will have to send his request to the Seller and, within 7 working days after the date of the receipt, he will communicate his availability to carry out this request or the reasons why he is unable to carry it out.
11.8 If the Seller has accepted the Purchaser request, he will have to confirm in the same communication the proposed price reduction or the non conformity product restoration procedure. In this case, the Purchaser will have to communicate the data required by the Seller in order to credit to the Purchaser the total amount paid to him.
The Purchaser's Obligations
12.1. The Purchaser hereby makes a commitment to pay the price of the goods purchased, within the terms and in the manner indicated in the contract.
12.2. Upon conclusion of the on line purchasing procedure, the Purchaser hereby makes a commitment to provide for printing and conservation of this contract.
12.3. The information contained in this contract, moreover, has been viewed and accepted by the Purchaser, who acknowledges this, inasmuch as this passage has been made obligatory prior to confirmation of the purchase.
Right of Withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the contract stipulated, with no penalty and without specifying a reason, within the term of 14 (fourteen) working days, starting from the date of receipt of the goods purchased.
13.2. If the Seller has failed to satisfy his obligations of information on the existence, procedure and terms for the rendering of the goods or withdrawal, in the event the Purchaser exercises the right of withdrawal indicated in Article 52 of the Consumer Act, the term within which to exercise the right of withdrawal will be 90 (ninety) days, starting from the date of receipt of the goods by the Consumer.
13.3. If the Purchaser decides to avail himself or herself of the right of withdrawal, he or she must advise the Seller accordingly with a registered letter with return receipt, addressed to “Fontanili Alessandro Srl Unipersonale”, via G. Ambrosoli n. 14/B, 42021 – Barco di Bibbiano (RE) – Italy, by fax 0522875000 or sent by e-mail to the following email [email protected], providing such communications are confirmed by registered letter with a return receipt, sent to: “Fontanili Alessandro Srl Unipersonale”, via G. Ambrosoli n. 14/B, 42021 – Barco di Bibbiano (RE) – Italy, within the following 48 (forty-eight) hours. The Parties will accept the postmark on the return receipt issued as the effective date. For the purpose of exercising the right of withdrawal, the communication may be validly replaced by return of the goods purchased, providing this is done within the same terms. In this case, the Parties will accept the date of delivery to the post office or shipper as the effective date.
13.4. Rendering of goods, in any case, must take place no later than 30 (thirty) days after the date of receipt. In any case, in order to avail himself or herself of the right to full reimbursement of the price paid, the Purchaser must return the goods complete in all their parts and in good condition.
13.5. The Purchaser may not exercise the right of withdrawal for purchase contracts for products made to order or clearly customized, or which, due to their nature, cannot be shipped back or which would be at risk of rapid deterioration or alteration and in all other cases envisioned by Article 55 of the Consumer Act.
13.6. The only expenses owed to the Consumer in the event he or she exercises the right of withdrawal in accordance with this article are the direct expenses for return of the goods to the Seller, unless the Seller refuses to defray them.
13.7. The Seller will provide with no charge for reimbursement of the entire amount deposited by the Purchaser within the term of 14 (fourteen days) from receipt of the notice of withdrawal.
13.8. Upon receipt of the notice with which the Purchaser communicates his or her intention to exercise the right of withdrawal, the Parties to this contract are freed from their reciprocal obligations, with the exception of the provisions of the previous points of this article.
Causes for Rescission
14.1. The obligations set forth in point 12.1, accepted by the Purchaser, and the guarantee of completion of the payment made by the Purchaser with the means indicated in point 5.1, as well as the precise fulfillment of the obligations accepted by the Seller in point 6, are of an essential nature; therefore, by express agreement, breach of even one of the aforementioned obligations, unless it is determined by fortuitous circumstances or force majeure, will provoke rescission of the contract by law, in accordance with Article 1456 of the Italian Civil Code, with no need for a judicial pronouncement.
Protection of Confidentiality and Treatment of the Purchaser's Data
15.1 The Seller protects the privacy of his customers and guarantees that their data is treated in conformity with the provisions of the Privacy Act (Legislative Decree n. 196, dated 30 June 2003).
15.2 In relation to the procedures of treatment, the personal and fiscal data acquired directly and/or through third parties by the Seller “Fontanili Alessandro Srl Unipersonale”, owner of the treatment, are collected and treated in hard copy, digital and telecom-data transmission form, for the purpose of registering the order and implementing the procedures for the performance of this contract and the relative communications necessary, as well as the fulfillment of any legal obligations, and to permit effective management of the commercial relationship, to the extent necessary to provide the service requested, in the best possible manner (Article 24, para.1, lett. b, Legislative Decree n. 196/2003).
15.3 The Seller is required to treat the data and information transmitted by the Purchaser in a confidential manner and neither to reveal such information to unauthorized persons, to use it for purposes other than those for which it was gathered, nor to transmit it to third parties. This data may be exhibited only upon request by judicial authorities or other authorities authorized by law.
15.4 The personal data of the Purchaser will be communicated, following signature of a promise of confidentiality of the data, only to parties delegated for performance of the processing necessary to fulfill the contract stipulated and will be communicated exclusively within the ambit of these purposes.
15.5 The Purchaser has the rights indicated in Article 7 of Legislative Decree n. 196/2003, namely, the right to obtain:
a) the updating, correction or, if interested, integration of the information;
b) cancellation, transformation in anonymous form or blockage of data processed in violation of the law, including data that it is not necessary to conserve in relation to the purposes for which the information was collected or successively processed;
c) certification that the persons to whom the information was communicated or disseminated have been advised of the operations relative to a) and b) above, unless fulfillment of this clause is proven to be impossible or would involve the employment of manifestly disproportionate means with respect to the right being protected. The interested party has the right to oppose, entirely or in part: i) for legitimate reasons, treatment of his or her personal information, even if pertinent to the purpose of collection; ii) treatment of his or her personal information for the purpose of sending advertising or direct sales material or for the purpose of conducting market research or commercial communications.
15.6 The Purchaser's communication of his or her personal data is a necessary condition for the correct and timely performance of this contract. Failure to provide the information will prevent the Purchaser's request from being processed.
15.7 In any case, the data acquired will be conserved only for a sufficient period of time to perform the purposes for which they were collected or successively treated. Removal of the data will take place in a secure manner, in any case.
15.8 The owner of the collection and treatment of the personal data is the Seller, to whom the Purchaser may apply, at the company's registered address, for any request.
15.9 Any requests received at the address (or e-mail address) of the Centre (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature; nevertheless, it must not violate others' rights and must contain valid information, which does not damage others' rights and which is true. In any case, the Centre cannot be held responsible in any way for the contents of the messages.
Filing of Contracts
16.1 In accordance with Article 12 of Legislative Decree n. 70/2003, the Seller hereby informs the Purchaser that all orders sent will be conserved in hard copy and digital form, in the server archives and in the files at the registered office of the Seller, according to criteria of confidentiality and security.
Communications and Claims
17.1. Written communications addressed to the Seller and any claims will be considered valid only if they are sent to the following address: “Fontanili Alessandro Srl Unipersonale”, via G. Ambrosoli n. 14/B, 42021 – Barco di Bibbiano (RE) – Italy, transmitted by telefax to the number 0522875000 or sent by certified e-mail to the following email address [email protected] The Purchaser will indicate his residence or domicile, telephone number or e-mail address, where he or she desires to receive the Seller's communications.
Settlement of Controversies
18.1 All controversies arising from this contract or from its fulfillment will be referred to the Foro of Reggio Emilia (Italy).
Applicable Law and Referral
19.1. The present contract will be regulated by Italian Law.
19.2. For all matters not expressly dealt with in the articles of this contract, reference will be made to the norms of the laws applicable to the relations and type of activity foreseen in this contract, especially Article 5 of the Convention of Rome of 1980.
19.3. In accordance with Article 60 of Legislative Decree n. 206/2005, the regulations contained in Part III, Chapter III, Title I of Legislative Decree 206/2005 are expressly referred to. 206/2005.
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.