General conditions of sale B2C

CD Studio d'Arte Sas di Guidolin Daniela & C. with registered office in Padua, Via Michelangelo Buonarroti 131, VAT number No. 05300590287, in the person of its legal representative Daniela Guidolin, tel 0498642526, e-mail info@studicdodarte.it, PEC cdstudiodarte@pec.it, hereinafter referred to as "Seller" of the CD Studio d'Arte Sas di Guidolin Daniela & C., based in Padua, at via Michelangelo Buonarroti 131, VAT 05300590287 - e-mail: info@cdstudiodarte.it (Seller)

Above:

 - that the Seller manages the website www.cdstudiodarte.it (hereinafter "Site");

  - that the site is intended for commercial transactions between entrepreneur and consumer (B2C);

  – that on the site the meeting between supply and demand of the products indicated in point c) of art. 1 and online sales contracts can be concluded;

  - which, by the term "General Conditions of Sale", means the contract of sale relating to the Seller’s goods concluded between the Seller and the Buyer under a distance selling system organised by the Seller;

  - that distance communication technology through the Internet will be used for this contract;

  - that the purchase within the site by buyers is governed by these General Conditions of Sale;

  - that the Purchaser has the status of consumer, that is to say, the natural person making the purchase, referred to in this contract, for purposes other than commercial or professional activities;

  - that this contract - and the conditions laid down - concern exclusively the B2C sale to a Buyer/Consumer, as specified in the previous line;

- that all contracts will be concluded directly through the Buyer’s access to the website corresponding to the address www.cdstudiodarte.it where, following the procedures indicated to access the reserved area of the website dedicated to online trading;

  - that the trademark and logo relating to the site are the exclusive property of the Seller;

  – that in the drafting of these General Terms and Conditions are used terms of common use in the field of information technology and that, in the event of any disagreement on their interpretation or their significance, the content of the main publications of the relevant literature will be taken into account;

  - that these premises constitute an integral and substantial part of the contract;

 It is agreed that:

1. Definitions

  1.1 In these General Conditions of Sale the following terms have the meaning specified below:

a) "online sales contract" means the distance contract concluded between a Seller and a final consumer Buyer, through a sales system organised by the Seller, which uses the Internet-based distance communication technology;

b) the expression "Seller" refers to the CD Studio d'Arte Sas di Guidolin Daniela & C., based in Padua, at via Michelangelo Buonarroti 131, part of this contract, which manages the Site, selling directly to users (Buyers) the products referred to in the following point;

c) the term "Products" refers exclusively to the mobile goods and/or services in the electronic catalogues of the Site;

d) the term "Buyer" refers to the final consumer-customer who is authorized to operate on the Site in order to purchase the products, in the manner indicated in these general conditions;

e) "Consumer" means a natural person who purchases goods and services for purposes not directly or mediately connected with the professional activity that may be carried out.

f) the term "Parties" refers to the Seller and the Purchaser jointly;

g) the term "Site" refers to the website corresponding to the address www.cdstudiodarte.it through which you can make purchases online;

h) the term "Consideration" refers to the selling price of each product;

2. Subject matter of the contract

2.1 These general conditions, which are made available to the Buyer for reproduction and preservation pursuant to art. 12, D.Lgs. 9 April 2003, n. 70, have as their object the purchase of products, made remotely and by means of a telematic network, through the Website belonging to the Seller, with headquarters in Padua, at via Michelangelo Buonarroti 131, P.IVA 05300590287.

2.2 With this contract, respectively, the Seller sells and the Buyer purchases at a distance the movable goods and/or services indicated below.

2.3 The goods and/or services covered by this contract are all the products chosen by the Buyer and placed in the virtual shopping cart, following the online purchase procedures indicated on the site.

2.4 The products and/or services referred to in the previous point are illustrated on the web pages in the shop section of the Seller’s Site.

2.5 The Seller undertakes to supply all the products subsequently indicated upon payment of a fee pursuant to art. 4 of this contract.

3. Acceptance of the conditions of sale

   3.1  These general conditions are valid from the day of conclusion of this contract and may be updated, supplemented or modified at any time by the Seller, which will give notice through the pages of the Website and such updates/ changes and/ or additions will be effective for future purchases.

3.2 All purchase orders will be forwarded by the buyer to the Seller, after registration on the site and typing ID and PW with access in a reserved area through secure protocol (https), and, therefore, through the completion of the indicated purchase procedure.

3.3 These general conditions of sale must be examined "online" by the Buyer, before the completion of the purchase procedure. The forwarding of the confirmation of purchase order, therefore, implies total knowledge of the same and their full acceptance.

 3.4 The Buyer, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in its relations with the Seller, the general conditions and payment described below, declaring that he has read and accepted all the information provided by him in accordance with the above mentioned rules, also noting that the Seller does not consider itself bound by any conditions other than previously agreed in writing.

  3.5 Sales transactions are regulated for the consumer by the provisions of Legislative Decree No. 206 of 6 September 2005, while the protection of confidentiality is subject to the regulations of Legislative Decree No. 196 of 30 June 2003, and subsequent amendments and additions.

  3.6 The acceptance of the conditions of sale must be manifested by the exact compilation of all the sections of the electronic form, following the instructions on the screen and, finally, selecting and then accepting the boxes with the words ACCEPTANCE OF TERMS OF SALE AND PRIVACY POLICY.

4. Purchasing methods and selling prices

  4.1 The products, prices and conditions of sale present on the Site - within the limits of their availability - are expressed in euro and do not constitute a public offer for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail from the Seller, which constitutes acceptance of the purchase order.

  4.2 The sales prices, referred to in the previous paragraph, include VAT and all other taxes, as well as the total cost of the shipment to the address indicated by the Buyer at the time of the order, provided that the place of destination is located in Italy. In any case, the total cost of the shipment to the Buyer’s domicile is borne by the Buyer, except for exceptions and exceptions that will be specifically advertised on the site. The cost is, in any case, made known to the customer before the confirmation of the purchase.

4.3 The price of the product indicated on the site is final, unless - for exceptional situations - the Seller considers it appropriate to revise the price. Exceptional conditions are considered, by way of example and not mandatory, the sudden and not agreed change in price of the product by the supplier, the sudden change in customs rates or currency exchange and in any case shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to carry out the renegotiation of the same through an exchange of e-mail according to fairness and good faith, taking into account the documentation produced and showing the exceptional situations that have led to such a revision.

  4.4 The receipt of the order does not bind the Seller until the same has expressly accepted the order itself by e-mail. Please note that upon receipt of the order by the Purchaser, the system will automatically send an email with a summary of the order received, which should not be understood as formal acceptance of the same. The Seller, with subsequent e-mail, after checking the availability of the chosen product, will confirm and formally accept the order received.

4.5 The Buyer expressly gives the Seller the right to accept even partially the order made (for example if there is the availability of all the products ordered). In this case, the contract shall be deemed to have been concluded in respect of the goods actually sold.

  4.6 The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity that may be exercised.

5. Conclusion of the contract

5.1 The Contract concluded through the Site is considered concluded at the moment when the Buyer receives, by e-mail, the formal confirmation of the order, with a communication following the automatic and summary e-mail of the order pursuant to art. 4.4, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the processing of the same. The Contract is concluded at the place where the Seller’s registered office is located.

5.2 Until the Buyer has received the confirmation email referred to in the previous point, he has the right to cancel the order by sending e-mail to the address of the Seller info@cdstudiodarte.it or according to any other method indicated on the Site.

 Art. 6. Delivery methods

  6.1 The Seller shall deliver to the Buyer, at the address indicated by these, the products selected and ordered, in the manner provided for in the previous articles, by couriers and/or forwarding agents. Delivery will take place within 4-8 working days, as indicated in the order confirmation.

  6.2 If the Buyer is absent, a notice will be left with the necessary information to contact the courier or forwarder in order to agree on the delivery methods.

 6.3 No liability may be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.

  6.4 Upon receipt, the Buyer is required to verify the conformity of the product delivered to him with the order; only after such verification must proceed to the signing of the delivery documents, except of course the right of withdrawal provided for in art. 10 of these conditions. The right of withdrawal is excluded where the goods sold are made " to measure" to the customer.

  6.5 It is the Buyer’s option to choose another carrier, while of course it is understood that even in this case the transport will take place at his sole risk, care and expense, and that payment must be made in advance of delivery.

  6.6 It is the Buyer’s right to choose another carrier, while of course it is understood that even in this case the transport will take place at his sole risk, care and expense, and that payment must be made in advance of delivery.

Art. 7. Liability

  7.1 The Seller assumes no responsibility for the delay or failure to deliver the property due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute the contract within the agreed time.

  7.2 The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract for the above-mentioned causes, the consumer is entitled only to a refund of any price paid.

  7.3 The Seller guarantees that the Products included in the electronic catalogues are freely available for purchase and that they are not subject to any liens or mortgages. In any case, the rules of the Italian Civil Code on buying and selling apply.

  Art. 8. Guarantees and assistance

   8.1 The Seller only sells original and high quality products. The guarantee is 2 years from the delivery and starts from the day of purchase of the goods.

   8.2 In case of lack of conformity, the norms of D.Lgs. 6 September 2005, n. 206 will apply. Any defect must be reported within 8 days of discovery, otherwise the Buyer forfeits the warranty right.

Art. 9. Obligations of the Purchaser

  9.1 The purchaser undertakes and undertakes, once the purchase procedure is completed, to provide for the printing and the preservation of these general conditions, which, moreover, will have already been viewed and accepted as a mandatory passage in the purchase, as well as the specifications of the product under purchase, and this in order to fully meet the condition of Legislative Decree. 6 September 2005, n. 206.

  9.2 The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data in the registration procedure through the appropriate electronic form; the personal data and e-mail must be exclusively his own personal data and not of third parties, or fantasy. The Buyer assumes, therefore, full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the process of purchase of products.

  9.3 It is expressly forbidden to make double registrations corresponding to one person or enter data of third persons. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

  9.4 The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for the correct insertion.

Art. 10. Right of withdrawal

 10.1 of Articles 64 and 67 of D.Lgs. 6 September 2005, n. 206, the Buyer can exercise the right of withdrawal, obtaining the refund of the price paid, except for the goods sold "to measure", returning the goods received in their original packaging, without tampering with any warranty seal or simply opening and/or deteriorating the outer packaging itself.

  10.2 The Buyer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within 10 working days from the day of receipt of the goods purchased. In the case of services, the period of 10 days shall run from the day of conclusion of the contract.

 10.3 To exercise the right of withdrawal, the customer must, within the period indicated in point 10.2, send a registered letter with return receipt to the following address: Via Michelangelo Buonarroti 131, 35134 (Padua). Within the same period, a telegram or fax may be sent, to be followed within 48 hours by the abovementioned registered letter with acknowledgement of receipt confirming the intention to withdraw from the contract. If the goods have been delivered, all items must be delivered, within 10 working days, in the same conditions of receipt, with the original packaging and any manuals and/ or instruction booklets present; there are no other methods of returning the goods.  This deadline for return by the Buyer may not be less than 10 working days from the date of receipt of the goods. All possible costs of return of the products shall be borne by the Seller; to this end, the Buyer, directly or by other means, will arrange for the delivery of the same at the address indicated by the Seller. The Seller will accept the returned goods reserving the right to verify that the products have been returned in the state of origin and with the original packaging.

10.4 The Consumer who exercises the right of withdrawal in accordance with the provisions will be refunded the sums already paid within the period of 4 days, and in any case no later than 30 days from the date on which the Seller (or the service provider) has become aware of the exercise of the right of withdrawal by the Consumer.

Art. 11. Termination of the contract  

11.1 The parties agree that the contract will be terminated automatically following the occurrence of one of the following defaults:

- breach of the obligations under Art. 4 (Purchasing methods and selling prices);

- breach of obligations under Art. 7 (Liability);

- breach of the obligations under art. 9 (Obligations of the Purchaser):

- breach of obligations under Article 14 (Prohibition of assignment).

11.2 Pursuant to art. 1456 c.c., the party who intends to use the resolution will notify the counterparty by sending registered mail to/r or PEC (Certified Electronic Mail), indicating the reason; the effects of the termination shall take effect from the date of receipt of the notice of termination resulting from the receipt returned to the resolving Party and the Buyer shall be entitled exclusively to the refund of any amount already paid.

Art. 12 Communications

12.1 Without prejudice to the cases expressly indicated - or established by legal obligations - communications between the Seller and the Buyer will preferably take place through messages and-e-mails to the respective electronic addresses that will be considered by both parties as a valid means of communication and whose production in court cannot be challenged for the sole reason of being computer documents.

12.2 Both parties may at any time change their e-mail address for the purposes of this article, provided that they notify the other party promptly in accordance with the forms set out in the previous paragraph.

Art. 13. Processing of personal data

13.1 The Buyer expressly declares that he has read both the information provided by art. 13 of D.Lgs. 30 June 2003, n. 196 (Privacy Code), both of the "privacy policy" of the Site.

13.2 The rights deriving from the Privacy Policy and the information obligations arising from it for the Seller are examined "online", before the completion of the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same.

13.3 The Data Controller of the collection and processing of personal data is CD Studio d'Arte Sas di Guidolin Daniela & C., as specified above, in the person of its pro tempore legal representative, Ms Guidolin Daniela. The rights referred to in article 7 are exercised by a request addressed without formality to the owner, by sending a simple e-mail to the address of the Seller, who is required to provide the communication of any changes to his data at the same address.

Art. 14. Prohibition of assignment

14.1 The contract is not transferable to third parties under penalty of immediate termination.

Art. 15. Jurisdiction and jurisdiction

 15.1 Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated "online" through the Seller’s Website is subject to Italian jurisdiction, also in accordance with art. 3, Conv. June 19, 1980, n. 80/934/CEE (Rome Convention), on the law applicable to contractual obligations; the present general conditions are reported, for what is not expressly provided therein, to D.Lgs. 6 September 2005, n. 206 (Consumer Code).

 15.2 In the event of any dispute arising out of or in connection with this contract, the parties undertake to seek between themselves a fair and good-natured settlement.

 15.3 If the dispute has not been resolved amicably, and in any event within six months of the date of its commencement, the same will be brought to the exclusive knowledge of the Court in which the Buyer/Consumer has his domicile in accordance with D.Lgs. 206/05; in the event that the Buyer does not have the status of final consumer it is agreed that any dispute, also by way of derogation from the rules on territorial jurisdiction, will be the exclusive competence of the Court of Padua.

Art. 16. Final clauses

  16.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.

 Art. 17. Applicable law and referral back.

  17.1 - This contract is governed by Italian law.

  17.2 - For what is not expressly provided here, the legal rules applicable to the reports and cases provided for in this contract and, in any case, the rules of the Civil Code and Legislative Decree no. 206 of 6 September 2005 (Consumer Code) apply.

EXPRESSION OF CONSENT THROUGH THE WEBSITE

  AGREE

Acceptance is confirmed by ticking the "I accept" box. Please activate the printer to receive a copy of these contractual clauses.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE PURCHASER

 Pursuant to and for the purposes of Articles 1341 and 1342 c.c., the Buyer declares that he has carefully read the contract and expressly approves the following clauses:

 Art. 4 (Terms of purchase and selling prices),

 Art. 5 (Conclusion of the contract),

 Art. 6 (Method of delivery),

 Art. 7 (Liability),

 Art. 8 (Guarantees and assistance arrangements),

 Art. 9 (Obligations of the Purchaser),

 Art. 11 (Termination of the contract),

 Art. 13 (Processing of personal data),

 Art. 15 (Jurisdiction and place of jurisdiction),

  Art. 17 (Applicable law and referral).

  expression of consent through the site, preferably through digital signature systems or other methods that allow a specific written approval ; alternatively the contract can be printed and sent by fax to the Supplier specifically signed.

 AGREE

 Padua, there 29/12/2020