General conditions of Sale
ART. 1 – SUBJECTS
Supplier: Michele Bavassano – Via Giuseppe Verdi, 86 – 05014 Castel Viscardo (TR) – VAT number 01588190551
Customer: the person identified by the data entered upon registration and acceptance of these general conditions, or the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (hereinafter referred to as the Customer).
ART. 2 – OBJECT OF THE SERVICE
Through the e-commerce service, the Supplier provides the Customer with a virtual shop from which it is possible to purchase photographic prints and other products sold by the supplier himself. The Customer will be able to view the electronic catalog and offers of the Supplier and make purchases from the Supplier on the basis of these conditions of sale.
ART. 3 – ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
All contracts will be concluded directly by accessing the Internet site corresponding to the address michelebavassano.com , where the Customer can conclude the contract for the purchase of the desired product, carefully following the instructions and procedures provided. These general conditions of sale govern purchases made in accordance with the provisions of the Consumer Code, Legislative Decree 206/2005, amended by Legislative Decree n.21 / 2014 and by Legislative Decree 70/2003 regarding electronic commerce with the clarification that the rules provided for by the Consumer Code are applicable only in the event that the Customer holds the status of Consumer, as defined by Art. 3 of the Consumer Code.
These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined “online” by the Customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance. The general conditions of sale can be updated or modified at any time by michelebavassano.com which will communicate it through the pages of the website. The Customer, by sending the electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with michelebavassano.com , the general conditions of sale, including the payment conditions illustrated below, declaring to having read and accepted all the information provided.
ART. 4 CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
By submitting the order, the Customer confirms that he is aware of and accepts these General Conditions of Sale.
The sales contract will be considered concluded when the Supplier sends the customer an e-mail confirming the order containing the Customer data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, subject to successful payment. The Customer undertakes to verify the correctness of the personal data contained in the above email, and to promptly communicate any corrections / changes to be made.
ART. 5 – PRICES AND WARRANTY
All the sales prices of the products marketed are displayed and indicated on the website michelebavassano.com , they constitute an offer to the public pursuant to art. 1336 cc. Unless otherwise indicated in writing, all prices indicated are to be understood as “VAT included” and expressed in Euro . Shipping costs are included in the price if the customer orders from one of the countries indicated and specified on the website michelebavassano.com . Shipping costs are not included in the price if the customer orders from a country not included indicated and specified on the website michelebavassano.com. The validity of the prices indicated is always and only that indicated by the procedure at the moment of placing the order to the Supplier. The Supplier is not responsible for taxes imposed by other countries.
ART. 6 – PAYMENT
The Customer has the right to choose between different payment methods, indicated specifically at the time of completing the online purchase deed. In any case, for information on orders and payments, you can contact email@example.com via email .
ART. 7 – PURCHASE ORDERS
Each order is marked with an order number and contains the indication of the date of forwarding to the system, the details of the items purchased .
ART. 8 – PRICES, METHODS, DELIVERY TIMES AND RESTRICTIONS
The Supplier carries out shipments by post or courier or other indicated carrier. Shipping costs and other charges possibly connected to the transport and / or shipment of the products are calculated and detailed in the order confirmation and in the purchase invoice. Upon receipt of the goods at home, the Customer must check the integrity of the package, as well as the quantitative and qualitative correspondence with what is indicated in the accompanying document, as better indicated in point 13
The delivery of the Products is free only if carried out by one or more countries included within the michelebavassano.com site which include Austria, Belgium , Denmark, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, United Kingdom , Czech Republic, Slovakia, Spain and Sweden. The Supplier may at any time extend this list to other countries as well.
The delivery of the Products takes place at the address specified by the user in the order form (“Home Delivery”) within a maximum of 15 days within the countries mentioned above or maximum 30 days for countries outside the list. The delivery terms indicated start from the working day following the sending of the order.
Home delivery is intended on the street level. Home delivery will be made from Monday to Friday during normal office hours (from 9 to 18), excluding national holidays.
In case of non-delivery due to the absence of the Customer at the address specified in the order form, the courier will then make a second delivery attempt the next day, or the Customer must contact him to agree on an alternative delivery date, depending on the instructions. present on the Notice of Change.
If this attempt is also unsuccessful or if the customer does not contact the courier, the package will go “in storage” with the courier. The courier will then communicate the stock and will contact the customer in order to provide all the information necessary to collect the package at the courier’s branch. No responsibility can be attributed to michelebavassano.com for delayed or non-delivery due to force majeure or unforeseeable circumstances.
ART. 9– OBLIGATIONS OF THE CUSTOMER
The Customer undertakes and undertakes, once the “on line” purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 205/06.
It is strictly forbidden for the Customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or fantasy.
It is expressly forbidden to enter data of third parties. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer releases the Supplier from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being himself solely responsible for the correct insertion. The Supplier reserves the right to request adequate compensation / reimbursement / compensation in the event of consequential damage and / or other negative consequences deriving from the behavior described above.
ART. 10 – COMPLAINTS, DELAYS IN SHIPPING, REPLACEMENT OF PRODUCT DELIVERED DUE TO ERROR
The Customer has the right to communicate any problems (delivery errors, errors or delays in delivery) by registered letter with return receipt or e-mail .
If a product other than that object of the order and purchase has been delivered due to mere clerical error, the Customer has the right to obtain the replacement of the product, provided that the same represents the problem in writing within and no later than the term of five days starting from receipt of the product itself. In this case, the Supplier will replace the product once the delivered goods have been returned and checked the condition of the goods, thus proceeding to resend the correct product. All items must be returned and arrive at the michelebavassano.com headquarters intact and in the same condition in which they were received, with their original packaging. In this case, the shipping costs of the return and re-forwarding will be charged to the Supplier.
ART. 11 – CONSUMER’S RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer who purchases as a Consumer, and by this means the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out, may exercise the right of withdrawal and return the received product, without any penalty and without specifying the reason, within the term of 14 working days starting from the day of receipt of the purchased product, by sending, within the aforementioned term, a written notice of withdrawal in the following ways:
By registered letter with return receipt to the following address: Via Giuseppe Verdi, 86 05014 Castel Viscardo (TR) . In case of future change of the registered office, to be sent according to the new address indicated on the site. If the Customer has exercised the right of withdrawal in the manner referred to in the previous point, he must return the product no later than the fifteenth day following receipt, by direct delivery and shipment by forwarding the product to Michele Bavassano in the aforementioned location.
All costs of returning the products are charged to the customer. The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal, so it will not be possible to return goods if the package is opened, even partially, the seals have been altered or if the original packaging is missing.
The shipment, until receipt of the goods at the headquarters, is under the complete responsibility of the customer, also for the eventuality of loss of the same.
In the event that all the conditions and obligations of the consumer provided for in the previous points have been respected, the Supplier will send an e-mail confirming acceptance of the return. Furthermore, the Supplier will reimburse the sale price according to the same payment method chosen by the Customer at the time of purchase, net of the shipping costs incurred, less any costs related to the return incurred by the Supplier, with a currency equal to thirtieth day following the date on which the Supplier became aware of the Customer’s exercise of the right of withdrawal.
The actual time for the refund of the sums paid by the Customer for the purchase of the returned products depends on the payment methods used .
ART. 12 CANCELLATION OR MODIFICATION OF ORDERS
The purchase order cannot be changed. It can be canceled in its entirety if, at the time of the request, the shipment is still being prepared and, in any case, if the amount has not yet been collected.
ART. 13 GUARANTEE OF CONFORMITY OF PRODUCTS
The customer who purchases as a consumer can avail himself of the guarantee of conformity of the products. In case of receipt of defective products or, in any case, non-compliant with invoiced orders, the Customer may request their replacement provided that the defect found is reported within and no later than eight days from receipt of the goods. The shipping costs for returning the defective product will be fully charged to the Supplier. The Customer undertakes to report the problem by e-mail to firstname.lastname@example.org specifying the type of defect and attaching a photo that certifies the problem.
Once the defect has been ascertained, the Supplier will return the new product to the customer without defects and without further costs.
Those who have purchased on the Site and who do not have the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
In any case, even if the Customer does not qualify as a consumer, in the event that the external packaging reaches its destination damaged (bending, scratches, dents, wet packaging, etc …) the Customer can proceed in the following ways:
- Refuse delivery and promptly send a report to email@example.com by inserting the order number in the subject line.
- Collect the package by signing with specific control reserve for these cases: specific reserve for folded packaging, damaged packaging, dented packaging, scratched packaging, wet packaging, damaged goods, sketched goods, scratched goods, etc …
ART. 14 – GUARANTEES GIVEN BY THE CUSTOMER
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any prejudicial consequence, that their data, provided upon acceptance of these general conditions, are true and allow to identify the true identity of the Customer. The Customer also undertakes to immediately inform the Supplier in writing, including by e-mail, of any changes in the data provided. The Customer is also informed of the need to communicate a valid e-mail address to the Supplier in order to allow the Supplier to forward the order confirmations and any communication.
ART. 15 – EXPRESS TERMINATION CLAUSE
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes, are essential, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the Supplier’s right to take legal action for compensation for further damage.
ART. 16– LIMITATIONS OF LIABILITY
The Supplier declines all responsibility for malfunctions, interruptions of services, degradation of performance whether or not these are due to force majeure or unforeseeable circumstances, when they are not directly attributable to the Supplier itself for its willful misconduct or gross negligence. The Supplier assumes no responsibility for inefficiencies attributable to force majeure such as, for example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, execute within the time agreed by the contract. The Supplier will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the Customer is only entitled to a refund of the price paid.
The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, upon payment of the purchased products. The Supplier at no time during the purchase procedure is able to know the data of the Customer’s credit card, who will transmit them directly to the payment service manager without intermediaries and to which it will be connected automatically, returning to the Supplier’s site. at the end of the procedure.
ART. 17 – VALIDITY OF COMMUNICATIONS
The Customer accepts that the notification and communications relating to all online services (including those relating to purchase orders) are made by the Supplier in electronic e-mail format (e-mail) and via Web service, recognizes their full validity and expressly waives as of now to disclaim the content of the declarations sent and / or received in electronic format. The Customer will not hold the Supplier responsible in the event that, for reasons not attributable to the Supplier itself, the e-mail is not received in the e-mail box of the same Customer.
ART. 18 – COST OF USING THE TECHNIQUE OF REMOTE COMMUNICATION
For all on-line services on the site, the connection costs charged by the Provider used by the Customer for the connection itself to which the Customer must contact to obtain the necessary information are applied.
ART. 19 – PRIVACY
The Data Controller of personal data is the Supplier.
The Supplier manages personal data in compliance with the rules laid down by EU Regulation 679/2016.
ART. 20 COOKIES
ART. 21– JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the w eb michelebavassano.com site is subject to Italian jurisdiction. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and / or consequent to them must be resolved exclusively by the Italian judicial authority , as further specified below. In particular, if the Customer holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
ART. 22 INTELLECTUAL PROPERTY RIGHTS
The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Supplier and / or its successors in title, without the Customer having any rights over the same from accessing the Site and / or purchasing the Products.
The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior consent of the Supplier .
IDENTIFICATION OF THE SELLER
Michele Bavassano – Via Giuseppe Verdi n ° 86 Castel Viscardo 05014 (TR) – Tel +393288566896 VAT number : 01588190551
The delivery of the products takes place at the address specified by the user in the order form .
Shipping costs are included in the price if the customer orders from one of the countries indicated and specified on the website michelebavassano.com. Shipping costs are not included in the price if the customer orders from a country not included indicated and specified on the website michelebavassano.com . The delivery of the Products is free only if carried out by one or more countries included within the michelebavassano.com site which include Austria, Belgium , Denmark, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, United Kingdom , Czech Republic, Slovakia, Spain and Sweden. The Supplier may at any time extend this list to other countries as well.
The delivery of the Products takes place at the address specified by the user in the order form (“Home Delivery”) within a maximum of 15 days within the countries mentioned above or maximum 30 days for countries outside the list.
Home delivery is intended on the street level. The home delivery will be made from Monday to Friday during normal business hours, from 9:00 to 18:00, except the holidays national.
Shipping costs for countries not on the free shipping list will cost 29.90
At the end of the purchase procedure, the following payment methods will be allowed:
The indication of a telephone number is always required where the Customer can be contacted.
RETURNS AND REFUNDS
The customer can exercise the right of withdrawal and return the product received, without any penalty and without specifying the reason, within 14 working days starting from the day of receipt of the purchased product, by sending, within the aforementioned term, a communication written withdrawal in the following ways:
By registered letter with return receipt to the following address: Michele Bavassano – Via Giuseppe Verdi, 86 Castel Viscardo 05014 (TR)
If the Customer has exercised the right of withdrawal in the manner referred to in the previous point, he must return the product no later than the fifteenth day following receipt, by direct delivery and shipment by forwarding the product to Michele Bavassano in the aforementioned location.
All costs of returning the products are charged to the customer. The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal so that it will not be possible to return goods if the package is open, even partially, the seals have been altered or if the original packaging is missing.
The shipment, until receipt of the goods at the Michele Bavassano headquarters , is under the complete responsibility of the customer, also for the eventuality of loss of the same.
In the event that all the conditions and obligations of the consumer provided for in the previous points have been respected, the Supplier will send an e-mail confirming acceptance of the return. Furthermore, the Supplier will reimburse the sale price according to the same payment method chosen by the Customer at the time of purchase, net of the shipping costs incurred, less any costs related to the return incurred by the Supplier.