Contract for the on-line sale of consumer goods
19. Governing law
Identification of the supplier
These Terms and Conditions apply exclusively to the goods sold on www.sovranaparfums.com, owned by Sovrana snc, whose head office is located at 24030 Mapello (BG), Via Beltrami 6, registered at the Bergamo Chamber of Commerce in the Trade and Company Register under n. BG-407275, tax code n. 03775200169, VAT number n. 03775200169, hereinafter referred to as “Supplier.”
Certified e-mail email@example.com.
Client Service: firstname.lastname@example.org
This website is designed to promote and sell on-line toilet articles put on sale by Sovrana snc. The Purchaser expressly declares to have performed the purchase for purposes unrelated to commercial or professional activity pursued and undertakes to not to trade in the goods purchased.
The purchases performed on www.sovranaparfums.com are governed by these General Terms ad Conditions of Sale, which Sovrana snc. is allowed to vary at any moment by posting a new version on-line. By placing an order, the Purchaser accepts the Condition of sale available on-line at that moment.
Sovrana snc respects the regulation about Distance Contracts according to art. 24 and following of the D.Lgs n. 206/05, as well as the D.Lgs. n. 70/03 about e-commerce. These conditions should be considered an effective part of this contract.
Please read these Terms & Conditions carefully before ordering any Products from the Site and print or save them on another device.
1.1. The term "online sales contract" refers to a contract of sale related to tangible movable property belonging to the Supplier, who agrees upon it with the Purchaser in a distance selling environment, using telematics means, managed by the Supplier.
1.2.The term "Purchaser" refers to the consumer as a natural person who performs the purchase, described in this contract, for purposes unrelated to commercial or professional activities in which he is potentially involved.
1.3. The term "Supplier" refers to the subject who performs the sale of the goods described in the present contract.
2. Object of the contract
2.1. By means of the present contract, the Supplier sells and the Purchaser acquires, respectively, remotely via telematics means, only the tangible movable property indicated and offered for sale on www.sovranaparfums.com.
2.2. A complete list of the abovementioned products is available on the webpage www.sovranaparfums.com, where each one of them is depicted. The picture that accompanies the description may not be fully representative and differ according to colors, size and accessories.
2.3 Sovrana snc. Reserve the right not to accept orders placed by “Purchasers” that are not registered on our website or that don’t subscribe our trade policy.
3. How the contract is formed between you and us
The contract between Supplier and Purchaser is conducted exclusively over the internet following the Purchaser accessing the address www.sovranaparfums.com, if, by following the procedures outlined, the Purchaser will place an offer for the purchase of the goods offered for sale.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract becomes effective by completing on-line the order form and agreeing to the purchase or by completing and sending back the form attached to the on-line catalogue available at www.sovranaparfums.com and acknowledging a printable summary webpage which lists all of the customer's details and those of the order, the cost of the goods purchased and the shipping cost, methods and terms of payment, the address where the goods will be delivered, the delivery period and the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser he will send a confirmation e-mail and/or provide a confirmation and summary web page, printable, which will include all the information listed above.
4.3. The contract won’t be effective if one or more of the condition abovementioned is missing.
4.4. According to art. 12 of the D.Lgs. 70/03, Sovrana snc. informs the Purchaser that a digital or printed copy of every order will be kept in our headquarters, in full compliance of privacy regulations. The Purchaser can ask the Supplier for a copy at any time.
5. Method of payment and reimbursement
5.1. The Supplier exclusively accepts as methods of payment those listed on his official webpage.
5.2. Any potential refund to the Purchaser, will occur by means of one of the methods offered by the Supplier and, in case the right of withdrawal is exercised, as stated by clause 13 of the line item 2 and following of this contract, within a maximum of 30 days from the date in which the Supplier becomes aware of the withdrawal.
5.3 All the communications related to the payment and the Purchaser’s personal information will pass through selected protected channels, guaranteed by the security protocols generally used by payment circuits. Moreover, the Supplier adopts an additional coding system when storaging these information, once again respecting the current privacy regulations.
6. Delivery times and methods
6.1. The Supplier will deliver the products in accordance with the delivery option specified by the Purchaser or according the methods specified on the website in case of a special offer and confirmed by the summary e-mail.
6.2. Order fulfillment time may vary, from the same day to a maximum of 30 working days from the confirmation of the order. Where the Supplier is not able to send the goods within the agreed time frame, the Purchaser will be notified via e-mail, specifying the time by which the order will be fulfilled.
6.3. Delivery times and costs are extensively detailed at the following address http://www.sovranaparfums.com/it/content/1-consegna.
6.4 The products will be carefully checked for any defect before being sent. The supplier does not accept any responsibility for goods, which have been tampered with, damaged or lost during transport.
6.5 The order only depends on the Purchaser’s willingness. In case of refusal of the product, the Supplier will charge the Purchaser with transportation expenses.
7.1. All product sales prices advertised and indicated at www.sovranaparfums.comare expressed in euro (€) and constitute an offer to the public in accordance with art. 1336 c.c.
7.2. The abovementioned prices include VAT and all other charges relative to delivery within EC territory. Shipping costs and any other accessory cost (such as custom clearance), if present, are not included in the purchase price and they are completely at the Purchaser’s expense.
7.3 We are not obliged to issue an invoice, unless the client requires it when placing the order, as shown in art. 22 of the D.P.R. 633/72. Once the invoice has been issued it won’t be possible to chance the information thereby reported.
7.4. The prices indicated for each product are valid up to the date shown on the on-line catalogue.
8.1. The Supplier, by means of the telematics system used, ensures that the order will be processed and executed without delays. For this reason it keeps his on-line catalogue constantly updated, showing which items are available and which not, together with their delivery period.
8.2. The Supplier will not accept any responsibility if one or more products result temporarily or definitively unavailable.
8.3. The Supplier's computer system will confirm the order in the shortest time possible by sending the Purchaser a confirmation e-mail.
9. Limitations of responsibility
9.1. The Supplier will not be responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside his reasonable control.
9.2. The Supplier will not be held responsible towards the Purchaser, except in cases of fraud or serious misconduct, for poor service or any malfunction related to the use of the internet, which results to be outside his control or the control of his sub-suppliers.
9.3. The Supplier, furthermore, is not responsible if the Purchasers incurs damages, losses or costs that result from a lack of execution of the contract for reasons that are not up to him; the Purchaser is only entitled to a full refund of the price paid and of any other extra expense sustained.
9.4. The Supplier assumes no responsibility for any fraudulent and illicit use by third parties of credit cards at the moment of the transaction, if he can prove that he adopted all the standard cautionary practices available, according to his experience and professionalism.
9.5. The Purchaser will not be responsible for any payment delay or problem if he proves that the payment has been made according to the times and methods required by the Supplier.
10. Responsibility for faulty and refundable damaged items: the Supplier’s obligations
10.1. According to art.114 and following of the Italian Consumer Code (“Codice del Cosumo”), the Supplier results responsible for damages caused by a faulty item, if he fails to notify the damaged party, within three months, the identity and address of the producer or of the supplier of that good.
10.2. The damaged party has to submit a written request through registered mail, specifying which product was the origin of the damage, when and where he bought it.
10.3. The Supplier will not be considered responsible for damages cause by a faulty item, if the defect is due to the compliance of the product or to the legislation, which is to say if, when the product was released, the state of scientific and technical knowledge wasn’t able to classify the item as faulty.
10.4. No compensation will be owed if the damaged party is aware of the defect and of the danger that derives from it and he voluntarily exposes himself to that danger.
10.5. In all cases, the damaged party will have to prove the defect, the damage and the link between the defect and the damage.
10.6. The damaged party may request a compensation for damages resulting in death or personal injury, as well as the destruction or deterioration of a thing other than the faulty product, provided that it is designed for private use or consumption and therefore especially used by the damaged party.
10.7. The damage to things as specified in art. 123 of the Consumer Code will be refunded only if it exceeds the sum of threehundredandeightyseven euro (387 euro).
11. Guarantees and assistance
11.1. The Supplier responds to any possible faulty item shown within two years from its delivery date.
11.2. For the purpose of this contract, it is assumed that the consumer goods are in compliance with the contract if, where applicable, the following circumstances subsist: a) they result suitable for the same purpose for which similar goods are normally used; b) they match the description given by the Supplier and possess the same qualities of the samples shown to she Purchaser by the Supplier; c) they show the same qualities typical of a similar good, which the consumer can reasonably expect, given the nature of the goods and the public statements on the specific characteristics of the good given by the Supplier; d) they also result suitable for the particular use expected by the Purchaser and presented by the Supplier at the time of the conclusion of the contract and that the Supplier accepted implicitly.
11.3. The Purchaser loses any right if he does not report to the Supplier the defect within 2 months from the date the problem was discovered. No notification is necessary if the Supplier knew about the defect and hid it.
11.4. In all cases, unless there is evidence otherwise, it is assumed that all the compliance defects appeared within six months from the delivery were already present, unless this hypothesis clashes with the nature of the good or with the type of compliance defect.
11.5. In case of compliance defect, the Purchaser may ask, with no additional expense and according to the following conditions, to repair or exchange the item purchased, to receive a discount on the purchase price or to dissolve the contract, unless the request results impossible to satisfy since it appears too expensive for the Supplier according to clause 4 of art. 130 of the Consumer Code.
11.6. It is necessary to submit a written request through registered mail or certified e-mail to the Supplier, who will have seven working days to agree to the request or refuse it. In this case, he will have to explain the reasons of his refusal. In case he agrees to the request, the Supplier has to add to his communication the procedures he wants to follow to deliver or take back the good, together with the expected period of time necessary to repair or exchange the faulty item.
11.7. In case it results impossible or too expensive to repair or exchange the item; in case the Supplier does not repair or exchange the item within the established period of time; in case repairing or exchanging the item caused a great damage to the Purchaser, he can ask for an adequate price reduction or to dissolve the contract. In this case, the Purchaser will have to notify the Supplier with his request, the latter will have seven working days to agree to the request or refuse it. In this case he will have to explain the reasons of his refusal.
11.8. In case he agrees to the request, the Supplier has to add to the communication what price reduction he suggests or how to give back the faulty item. In this case, the Purchaser will be asked to notify how to give him back the amount previously paid to the Supplier.
12. Purchaser’s obligations
12.1. The Purchaser agrees to pay the price of the goods purchased according to the times and methods stated by the contract.
12.2. The Purchaser agrees, upon the conclusion of the online purchase process, to print and keep the web page containing details of the order.
12.3. The information contained in this contract has already been viewed and accepted by the Purchaser, who has to acknowledge it when he finalizes the purchase.
12.4 The customer only is responsible for the accuracy of the personal information added during the registration phase and promises not to use false and/or fictional information. The Purchaser relieves the Suppliers from any responsibility over wrong tax documents due to the inaccurate information he supplied.
13. Right of withdrawal
13.1. The Purchaser is entitled to withdraw from the contract he subscribed, without any penalty and without explaining why, within 14 working days from the delivery date.
13.2. In case the Supplier did not inform the Purchaser about the possibility, methods and timing to give back the purchase according to the right of withdrawal, as stated by art. 52 of the Consumer Code, the latter is entitled to exercise the right of withdrawal within 90 days from the delivery date.
13.3. In case the Purchaser opts for exercising the right of withdrawal he has to notify the Supplier via registered mail with return receipt at the address Sovrana snc Via Beltrami 6 24030 Mapello (Bg) or via certified e-mail to email@example.com. In order to exercise the right of withdrawal the notification can be replaced by the return of the purchased item, at the same conditions. The postmark will bear witness for both parties involved.
13.4. The return of the good will have to occur within 30 days from the delivery day. In all cases, to be entitled for a full refund of the price paid, the returned good must be intact and normally preserved.
13.5. The Purchaser won’t be able to exercise the right of withdrawal for: audiovisual products and computer software, whose seals he has broken; tailor-made and personalized products that given their nature can’t be returned; goods that will quickly expire and deteriorate; newspapers, periodicals and magazines and goods whose price deeply depends on the trends of the financial market, that the Supplier is not able to control, as well as any other case listed in art. 55 of the Consumer Code.
13.6. The only cost that the Purchaser has to pay when exercising his right of withdrawal, as presented in this section, is that for returning the goods to the Supplier, unless the latter accepts to take them on.
13.7. The Supplier will refund with no charges the whole amount paid by the Purchaser within 30 day from the notification of the withdrawal.
13.8. Upon receiving the Purchaser’s notification of the withdrawal, the parties of the present contract are freed from their obligations, except for the previous items of the present section.
14. Dissolution of the contract
14.1. The obligations introduced at 12.1, together with the guarantee of the Purchaser’s payment according to the methods established by 5.1, as well as the fulfillment of the Supplier’s obligations listed in section 6, result essential for the effectiveness of the contract. This means that the lack of fulfillment of any of such obligations, unless accidental or due to events outside the reasonable control, will led to the dissolution of the contract (see ex. art. 1456 of the Consumer Code), without needing a judicial decision.
15. Protection of confidentiality and Processing of the purchaser's data
15.1. The Supplier protects its customers’ privacy and guarantees that the data processing complies with the requirements of the privacy regulations of d.lgs. June 30, 2003 no. 1961.
1 General Measures by Italian Data Protection Authority Simplification of some requirements in the public and private sphere for administrative and financial purposes June 19, 2008, published in the Gazzetta Ufficiale on July 1, 2008, n. 152.2. General Measures by Italian Data Protection Practical guide to simplify small and middle-sized companies May 24, 2007, published in the Gazzetta Ufficiale on June 21, 2007, n.142.
15.2. Personal and fiscal data acquired directly and/or through third parties by the Supplier, will be collected and treated in paper, computer or telematics formats, according to the way of using and processing information, in order to register the order and execute the present contract and the relative communications, as well as to fulfill any legal obligation and also to allow the parties to best manage the service established by the contract (art. 24, comma 1, lett. b, D.Lgs. n. 196/2003.)
15.3. The Supplier shall process any data and information submitted by the Purchaser with confidentiality and not disclose them to unauthorized people, nor use them for purposes other than those for which they were collected or submit them to third parties. Such data may be disclosed exclusively upon a request of the court or any other authority authorized by law.
15.4. Personal data may be disclosed only after signing a confidentiality agreement and exclusively to third parties that carry out the activities necessary for the execution of this contract, and disclosed exclusively for said purpose.
15.5. The Purchaser has the rights described in section n. 7 of d.lgs.196/2003, which is to say the right to request and obtain what follows:
a) the update, rectification or, when he is interested, integration of information;
b) the cancellation, transformation into anonymous account or blocking of data processed against the law, including data which are not needed for the purposes for which they were collected or subsequently processed;
c) the certification that the operations described in letters a) and b) and their contents have been notified to those to whom the data was communicated or disclosed, except when such requirement appears impossible or involves the use of means clearly not proportional to the protected right. The interested party also has the right to object, completely or partially, for legitimate reasons the processing of personal data, even if pertinent to the purposes of the collection and the processing of personal data for sending advertising materials, direct marketing, carrying out market researches or for commercial communications.
15.6. The communication the Purchaser’s personal information is a required condition for a correct and prompt execution of this contract. If that does not subsist, the order placed by the Purchaser will not be executed.
15.7. In any case, the acquired data shall be kept for a period of time no longer than necessary to fulfill the purposes for which it was collected or subsequently processed. Their cancellation has to take place in a secure manner.
15.8. The party in charge of the collection and treatment of personal data is the Supplier, to whom the Purchaser can direct all requests at the company headquarters, “unless the Supplier has appointed a legal representative”.
15.9. Any communication sent to the Supplier’s mailing address, including e-mail, (such as requests, suggestions, ideas, information, materials, etc.) shall not be regarded as confidential, it shall not violate others’ rights and it shall contain valid and harmless information, and under no circumstances the Supplier will be considered responsible for the contents of such messages.
16. Storage of the contract
16.1. According to art.12 of d.lgs.70/2003, the Supplier informs the Purchaser that any order placed is kept in digital/paper format in his headquarters in full compliance of privacy regulations.
17. Communications and complaints
17.1. Written communications directed to the Supplier and any complaint will be considered valid only when addressed to Sovrana snc Via Beltrami 6 24030 Mapello Bg, or sent by e-mail to firstname.lastname@example.org. The Purchaser writes in the registration form his address, telephone number and e-mail address where he wishes to receive the Supplier’s communications.
18. Settlement of disputes
18.1. For all disputes arising from the present contract will be transferred in order to attempt a reconciliation to the Mediation Service of Bergamo Chamber of Commerce and solved according its Dispute Resolution Regulation.
18.2. In case the parties intend to recur to Ordinary Judicial Authority, they have to refer to the authorities in the Purchaser's place of residence, compulsorily, according to section 33, clause 2, letter u) of the Consumer Code.
19. Governing law
19.1. The present contract is governed by Italian law.
19.2. All that is not hereby directly addressed is governed by those regulations that can be applied to contracts similar to this one, especially section 5 of Convention on the Law Applicable to Contractual Obligations 1980.
19.3 According to section 60 of the Consumer Code we hereby refer to the regulation expressed in Section III, Part III, Title III, Chapter I of the Consumer Code.
This contract repeals and replaces any written or oral agreement, understanding, negotiation that took previously place between the parties concerning the subject of this contract.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.