General Conditions of Sale, in effect from 10/02/2023.
THE COURT OF JUSTICE
This information is provided for the website https://ilfocolaregroup.it/shop/en/ (Site).
Seller data: Il Focolare di Danilo Antimo Aveta, Via Vittorio Veneto 104/106 – 81040 Curti (CE), Camera di Commercio di Caserta, VAT 03585920618, Email: info@ilfocolaregroup.it, Phone: 0823.12.90.513 (Seller).
Art. 1 Scope
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If it is made possible by the Site, the inclusion of your tax code on the occasion of a purchase implies that you are acting as Consumer pursuant to article 3, I paragraph, letter a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It should be remembered that the natural person acting for purposes other than business, commercial, professional or craft activity is the quality of Consumer. If, on the other hand, the possibility of entering the game (Sua or that of a legal person), this implies a purchase under "Professionist", pursuant to article 3, paragraph I, letter c) of the Consumer Code. You see the quality of Professional the natural or legal person acting in the exercise of your business, commercial, craft or professional, or an intermediary. The implications of buying as a Consumer rather than Professional will be described in the continuation of this document.
1.3 The terms indicated are as working days, excluding Saturday, Sunday and national holidays. The images and descriptions on the Site are merely indicative. Colors may differ from real ones due to the settings of computer systems or computers you use for their viewing.
1.4 The General Conditions of Sale can be changed at any time. Any changes and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.5 The General Conditions of Sale applicable are those in force on the date of sending the purchase order.
1.6 These General Conditions of Sale do not govern the sale of products and/or services by persons other than the Seller who may be present on the Site through links, banners or other hyper-text links.
1.7 Before making commercial transactions with such subjects it is necessary to check their sales conditions.
1.8 The Seller is not responsible for providing services and/or selling products by such parties.
Transport On websites that can be consulted through such links the Seller does not carry out any control and/or monitoring. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of the same law
1.10 You must carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Site, even during the purchase procedure.
1 November The Seller may not in any case be held liable to you or third parties for any indirect, incidental, special or consequential damage. Any loss of income or other indirect loss resulting from the use of the Site or the inability to use is included. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Website is accurate, complete and updated.
1.12 Unless otherwise agreed with the Seller, orders cannot be sent on the Site by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1 The whole of any element of the Site is the property of the Seller or third parties. Unless specific written consent of the Seller, it is forbidden to reproduce, in whole or in part and through any procedure, distribute, publish, transmit, modify or sell all or part of the content of the Site.
Art. 2 Purchases on the Website
2.1 To make purchases on the Site, you must follow the procedure on the Site itself, by entering the data from time to time required. The sales contract is concluded when the order comes to the Seller's server.
2.2 You are committed to immediately notify the Seller in the event that you suspect or become aware of undue use or undue disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information you provide is complete and truthful and undertakes to keep the Seller indemnified and maintained by any damage, obligation to compensate and/or penalty arising from and/or in any way related to the violation of this commitment. You undertake to immediately inform the Seller if you suspect or become aware of undue use or undue disclosure of access credentials to the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms of Sale or any legal provisions.
2.5 To place orders on the Site you must read and approve these General Conditions of Sale, selecting the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale implies the impossibility of making purchases on the Site. .
2.6 The Seller is the only counterpart of the user who intends to purchase one or more products through the Site and is therefore (i) the person to whom the user directs his order, in order to accept the offer and conclude the sales contract; (ii) the subject who assumes to the user the obligations of a pre-contractual nature arising from the offer; (iii) the person who concludes with the user the contract of sale, assuming its obligations and rights. The purchase contract concluded through the Site is then concluded between the user and the Seller.
2.7 The Seller reserves the right to act on the Site and in the communication with customers relating to the Site. Therefore, when the name of the Seller is used on the Site and/or in the communication with the customers of the Site or the first plural person ("We") is used, the reference is to be understood, in addition to the Site, also to the Seller.
2.8 The Seller does not guarantee that the Site is constantly functioning and operational. In fact, updates can be made to the CMS platform that could involve a temporary suspension of the service. The Seller assumes no liability with regard to any kind of prejudice or damage that the user may suffer from this condition.
2.9 After purchase, You will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the purchased product; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or exclusion; (vi) shipping address; (vii) means of payment used.
2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller shall not accept any liability if the colour of the Product is different than the user expected. Please contact the Seller if you have any doubts about the color of one or more Products on the Site.
Art. 3 Availability of Products
3 The Products offered on the Site are limited. It can therefore happen, also because of the possibility that more users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
3.2 Information about the availability of Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that more users purchase the same product at the same time. In such cases, therefore, the Product may be available for a short period of time, being, instead, exhausted or not immediate availability and being for the same reason necessary to wait for reassociation.
3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. However, please consider that before requesting the termination of the contract, the Seller reserves the right to implement these measures:
- If a re-association is not possible, the Seller will provide a different product, of equivalent or higher value, after payment, in the latter case, of the difference, and after express acceptance of the user.
- If a reassignment is possible, a dilation of delivery terms, offered by the Seller, with indication of the new delivery time.
3.4 If a refund of what is paid for the purchase of Products that are then unavailable, the Seller shall refund within a maximum period of 10 days.
3.5 If you have the right to terminate, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Port) has already happened, the Seller will carry out the refund of the Total Port Due in accordance with the provisions of the article "Payment Mode" below.
Art. 4 Prices
4.1 Prices on the Site include VAT.
4.2 In addition, prices on the Site also include the WEEE contribution, where applicable. You are invited to contact the Seller at the contact details indicated in the premise to know the free handling of the product you own and equivalent to the Product you purchased.
4.3 The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price you charge will be the price indicated on the Site at the time of the execution of the order and that no account will be taken of any changes (in increase or decrease) following the transmission of the same.
4.4 The shipping costs of the Products are at your expense, except where otherwise stated.
4.5 The Seller will carry out the shipment of the Products only after having received confirmation of the authorization to the payment or the accredient accredied of the Total Doomport. The property of the Products will be transferred to you at the time of shipment, to be understood as the time of delivery of the Product to the carrier. The risk of loss or damage of the Products, because not attributable to the Seller, instead, will be transferred to you when you, or a third from you designated and different from the carrier, will come materially in possession of the Products.
4.6 The purchase contract is resolutely conditioned on the non-payment of the Total Duty Port. Unless otherwise written agreement with you intervene, the order will be subsequently deleted.
4.7 If there is an error on the price of the Product indicated on the Site, the Seller reserves the right to communicate to the customer the correct one also after the conclusion of the purchase order. In this scenario the customer may accept the new price or dissolve the purchase contract. The Seller may also cancel the purchase contract of the Product in these cases. The Seller may also cancel the sale if there is an error of availability of the Product.
Art. 5 Methods of payment
5.1 This article describes the payment methods available on the Site. You may in any case contact the Seller for further information.
5.2 Unless specific cases indicated on the Site, you may not make purchases on the Site using payment cards.
- Although payments with credit and/or debit cards are not accepted on the Site, you are invited on the occasion of subsequent purchases to view these General Terms of Sale to verify the possibility of buying with credit card and/or debit card.
5.3 On the Site you can pay by bank transfer. After sending the purchase order you will receive by email the bank details to proceed to payment. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 On the Site you can pay in cash. This means of payment may be subject to an additional cost, from time to time indicated on the Site in the context of the purchase process. It is possible that the mark is limited to orders over a certain amount: in this case, the Seller will provide appropriate communication on the Website or in the context of the purchase process.
5.5 On the Site you cannot complete the purchase by entering discount codes, coupons or vouchers.
5.6 Any alternative methods other than those mentioned above are or will be described in this article.
- You can also purchase the PayPal payment solution on the Site. Where You choose as a means of payment PayPal, will be redirected to the site www.paypal.it where payment will be made according to the procedure provided and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not in any way store the payment card data connected to your PayPal account or the data of any other payment tool connected with that account.
Art. 6 Delivery of Products
6.1 The delivery of the Products is planned in: Europe. You can always contact the Seller for more information on the delivery of the Products; for example, to know whether the delivery is likely to be in additional countries than indicated on the Site.
6.2 The delivery obligation is fulfilled by transferring material availability to you or in any case product control.
6.3 Delivery time of Products from ordering: 7 days.
6.4 The term indicated in Article 6.3 shall be understood as indicative and not perennial. The Seller reserves the right to deliver the Products within 30 days of sending the order. It is up to you to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss or damage of the Product, due not attributable to the Seller is transferred when you, or a third by you designated and different from the carrier, enters materially in possession of the Product, the Seller It is recommended to verify the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and, in its interest, invites it to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. In case the packaging has obvious signs of tampering or alteration, it is appropriate to notify the Seller promptly.
6.5 With reference to the possibility of requesting the delivery of the Products at a "collection point", the Seller It informs you that The Website does not offer the possibility to withdraw the Product from a "reception point" other than the address you have communicated during the purchase process. You are however invited to access the Site regularly to check if this delivery option is subsequently made available on the Site.
6.6 You acknowledge that the withdrawal of the Product is your exact obligation. In the event of failure to withdraw the Product, the Seller reserves the right to terminate the purchase contract and to seek compensation for any damage suffered by the failure to withdraw the Product.
Art. 7 Right of withdrawal
7.1 You are invited to view this article carefully, which governs the right of withdrawal.
7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional the right of withdrawal does not apply, except different agreement with the Seller. Any exceptions to the right of withdrawal are given to this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 shall apply in full.
- On the occasion of subsequent purchases you are invited to view this article to verify the existence of exclusions to the right of withdrawal.
7.3 Where You shall review the quality of Consumers (and in the event that there is no exception in this regard provided for in this Article) You have the right to withdraw from the purchase contract of the Product without having to provide any motivation and without having to bear costs other than those provided in this Article within the period of fourteen calendar days (Report Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Retreat Period, of your decision to withdraw. To this end, you may write to the Seller to the contact details indicated in the Premessa, or use the contact form on the Site. You have exercised your right of withdrawal within the Retreat Period if the notice relating to the exercise of the right of withdrawal is sent by you before the expiry of the Retreat Period. Unless otherwise agreed, the direct costs of returning the Products are at the expense of the Consumer, as well as responsibility for transporting them. In case of exercising the right of withdrawal, the Product must be delivered at the Seller's headquarters, or at the different address communicated by the Seller. The Return Period expires after 14 days:
- in the case of order relative to one Product, from the day when you or a third, different from the carrier and you designated, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day when you or a third, different from the carrier and designated by you, acquires the physical possession of the last Product; or
- in the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day when you or a third, different from the carrier and designated by you, acquires the physical possession of the last batch or piece.
7.4 If the withdrawal is applicable, the Seller will proceed to the refund of the Total Document, including delivery costs, if applicable, without undue delay and in any case no more than 14 calendar days from the day on which the Seller has been informed of the decision to terminate the contract. The refund will be made using the same payment tool used for the initial transaction. If the Products have been shipped using a carrier of the Consumer's choice and the latter's expense, the Seller may terminate the refund until the receipt of the Products or until the Consumer's demonstration of having sent the Products, if earlier. The Consumer is solely responsible for the decrease in the value of the goods resulting from a manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must, however, be kept, manipulated and inspected with the normal diligence and returned intact, complete in all its parts, perfectly working, accompanied by all accessories and illustrative sheets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and unmoved, as well as perfectly suitable for use to which it is intended and without signs of wear. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal was exercised has undergone a decrease in value resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and operation of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to that decrease in value. The Seller will give notice of this circumstance and of the resulting decreased amount of refund, providing, in case the refund has already been paid, the bank details for the payment of the amount due to the decrease in value of the Product. If the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not be entitled to any refund.
If you have the right of withdrawal, the Products must be returned to the address indicated in the "Seller's Data" section.
7.5 This Article shall govern a very important area relating to the costs of return in case of withdrawal.
In the light of the above, the Seller considers it appropriate to highlight that the costs of returning the Product will be at your expense and under your responsibility.
Art. 8 Legal Conformity Guarantee
8.1 The Legal Conformity Warranty is reserved to the Consumer. It therefore finds application, only to users who have made the purchase on the Website for purposes other than business, commercial, craft or professional activity, if necessary.
8.2 The Seller is responsible for the Consumer for any defect in compliance with the Product that manifests within two years of such delivery. The direct action to assert the defects not painfully hidden by the Seller prescribes, in any case, in the term of twenty-six months from the delivery of the good.
8.3 Unless otherwise proved, it is assumed that the defects of conformity that occur within twelve months of delivery of the Product existed at that date, unless such hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the twelfth month following the delivery of the Product, it will be the expense of the Consumer to prove that the lack of conformity already existed at the time of delivery of the Product.
8.4 In the event of lack of conformity, the Consumer shall be entitled to the restoration of conformity, or to receive a proportional reduction of the price, or to the termination of the contract on the basis of the conditions laid down in Article 135-bis and following of the Consumer Code.
8.5 The Seller shall not be liable in the event of damages, any nature resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer and in case of damages resulting from a fortuitous case or force majeure.
8.6 If you have made your purchase as a Professional, the previous orders of this article do not apply. In this case the legal guarantee is governed by art. 1490 and ss of the civil code; in particular, the deadline for denouncing defects is 8 days from discovery and the action is prescribed in 1 year from delivery.
Art. 9 Manufacturer's Warranty
Manufacturer's Warranty is an additional guarantee compared to the Legal Conformity Warranty provided by the Seller on Products. Except as indicated on the Site, the Products sold on the Site are not assisted by the Manufacturer's Warranty. You may in any case enforce your rights under the Legal Conformity Guarantee set out in the previous article.
Art. 10 Applicable law and jurisdiction; extrajudicial dispute settlement - Alternative Dispute Resolution/Online Dispute Resolution
10.1 The purchase contracts concluded through the Website are governed by Italian law.
10.2 It is subject to the application to consumers who do not have their habitual residence in Italy of the provisions possibly most favorable and inderogable provided by the law of the country in which they have their habitual residence. Please note that in the case of user Consumer, for any dispute relating to the application, execution and interpretation of this document the forum of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Forum where the Seller is based in accordance with the provisions of the Premessa.
10.3 The Seller shall inform the user that the Consumer qualifies that, in the event that he has filed a complaint directly to the Seller, after which it has not been possible to resolve the dispute so requested, the Seller will provide the information regarding the body or the bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (organisms less.
10.4 The Seller also informs you that the Consumer Qualification has been set up a European platform for online resolution of consumer disputes (c.d. oDR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the Consumer user can consult the list of ADR organisms, find the link to the site of each of them and initiate an online resolution procedure of the dispute in which it is involved.
10.5 In any case, the Consumer's right to refer the ordinary court responsible for the dispute arising from these General Conditions of Sale, whatever the outcome of the procedure for the extrajudicial settlement of disputes relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis Consumer Code.
You who resides in a Member State of the European Union other than Italy, may also, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale, access to the European proceedings established for disputes of modest entities, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, rights and expenses, Euro 5.000,00. The text of the Regulation is available on the website http://www.eur-lex.europa.eu.
Art. 11 Customer service
1 January You can ask for information, send notices, request assistance or submit complaints by contacting the Seller at the contact details indicated in the Subject, or by using the contact form that may be present on the Site.
1 The Seller responds in an indicative time of 4 days.
Art. 12 Various
1/2.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law of time to time are subject to applicable law.