CONTRACT FOR THE ON-LINE SALE OF CONSUMER GOODS
General conditions of Sale
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are put up for sale by BERNACCHINI 1905 SRL, VAT 01635910431, with registered office in Corridonia (MC), Via dei Mestieri n. 2, registered at the Chamber of Commerce of MACERATA at no. 168749 of the Register of Companies, hereinafter referred to as Supplier.
1.1 The term "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools, organized by the supplier.
1.2 The term "Purchaser" refers to the consumer who is the physical person who makes the purchase, as per this contract, for purposes not related to the commercial or professional activity carried out.
1.3 The term "Supplier" refers to the subject indicated in the epigraph or the person providing the information services.
2) SUBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser remotely purchases, via electronic tools, the tangible movable goods indicated and offered for sale on the website www.inkshoponline.it
2.2 The products referred to in the previous point are illustrated on the web page: www.inkshoponline.it
3) METHOD OF STIPULATING THE CONTRACT
The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing the Buyer at www.inkshoponline.it, where, following the procedures indicated, the Purchaser will come to formalize the contract for purchase of the goods referred to in paragraph 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract ends at the time of shipment.
5) METHOD OF PAYMENT AND REFUND
5.1 Each payment by the Purchaser can be done only by means of one of the methods indicated on the appropriate webpage by the PAYPAL.COM Payment Service Provider.
5.3 The Supplier guarantees the storage of payment information, in full security and in accordance with the provisions of the current regulations on the protection of personal data.
6) TIMES AND METHOD OF DELIVERY
6.1 within 15 working days depending on availability and the carrier used
7.1 All sales prices of products displayed and indicated on the Internet site www.inkshoponline.it, are expressed in euro and constitute an offer to the public pursuant to art. 1336 c.c.
7.2 The sales prices, referred to in the previous point, are inclusive of VAT and any other tax and all costs of transport / delivery.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures the processing and fulfillment of orders without delay through the telematic system used. For this purpose, it indicates in real time, in its electronic catalog, the number of available products and those not available, as well as shipping times.
8.2 If an order exceeds the quantity existing in the warehouse, it is not possible to complete it, as it is blocked by the computer system.
8.3 The Supplier's computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail.
9) LIMITATION OF LIABILITY
9.1 The Supplier does not assume any responsibility for disservices due to force majeure, in the event he fails to execute the order within the time stipulated in the contract.
9.2 The Supplier can not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or its sub-suppliers.
9.3 The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract due to causes not attributable to him.
9.4 The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
10) LIABILITY BY DEFECT, TEST OF DAMAGE AND DAMAGES RESULTED: THE OBLIGATIONS OF THE SUPPLIER.
10.1 Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the damaged person, within three months of the request, of the identity and domicile of the producer or of the person who supplied the good .
10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of the purchase; must also contain the offer in view of the product, if still existing, by mail to the following address: email@example.com
10.3 The Supplier can not be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4 No compensation will be due if the damaged person has been aware of the defect of the product and of the danger that derives from it and I have not voluntarily exposed it.
10.5 In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
10.6 The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11) GUARANTEES AND METHOD OF ASSISTANCE
11.1 The Supplier is liable for any lack of conformity that occurs within two years from the delivery of the goods.
11.2 The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.3 In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.
11.4 In the event of lack of conformity, the Purchaser may request, alternatively and without charge, the following conditions, repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is not objectively impossible to satisfy or is too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.5 The request must be sent in writing, by registered letter A.R., to the Supplier, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
11.6 If the repair and replacement are impossible or excessively expensive, or if the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Buyer, he / she may request, at his / her choice, a reasonable reduction of the price or the termination of the contract. In this case, the purchaser must send his request to the Supplier, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt.
11.7 In the same communication, if the Supplier has accepted the request of the Purchaser, he must indicate the reduction of the proposed price or the methods for returning the defective goods. In such cases, the Purchaser will indicate the methods for crediting the amounts previously paid to the Supplier.
12) OBLIGATIONS OF THE BUYER
12.1 The Purchaser undertakes to pay the price of the purchased good in the times and methods indicated in the Contract.
12.2 The Buyer agrees, once the online purchase procedure is completed, to provide for the printing and preservation of this contract.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Purchaser has in any case the right to withdraw from the contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2 In the event that the professional has not fulfilled the obligations to provide information on the existence, method and timing of the return or collection of the asset in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of goods by the consumer.
13.3 In the event the Purchaser decides to exercise the right of withdrawal, he must notify the seller by means of registered letter A.R. at BERNACCHINI 1905 SRL Via dei Mestieri, 20 62014 Corridonia (MC) ITALY, or by fax to 0039 733 435105, or by e-mail to firstname.lastname@example.org, provided that such communications are confirmed by sending registered mail at BERJNACCHINI 1905 SRL Via dei Mestieri, 20 62014 Corridonia (MC) ITALY, within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the issued receipt will be considered authentic.
For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that they are in the same terms. The delivery date to the post office or to the forwarder will be valid between the parties.
13.4 The return of the goods must however take place at the latest within 14 (fourteen) days from the date of receipt of the asset. In any case, to be entitled to full reimbursement of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5 The Supplier will provide free of charge for the reimbursement of the entire amount paid by the Buyer within the term of 14 (fourteen) days from receipt of the notice of withdrawal.
13.6 With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from reciprocal obligations, except as provided in the previous points of this article.
14) CAUSES OF RESOLUTION
14.1 The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser carries out with the means referred to in art. 5, and also the exact fulfillment of the obligations assumed by the Supplier in art. 6, are of an essential nature, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the termination of the contract pursuant to art.1456 c.c., without the need for a judicial decision.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF DATA OF THE BUYER
15.1 The Supplier undertakes to protect the privacy of the buyer, in full compliance with the GDPR, REG. UE 679/2016, processing the data collected with confidentiality, correctness, lawfulness and transparency.
15.2 The collection and processing of Personal Data are carried out:
to. without the consent of the interested party (article 6, letters b), c) and f), GDPR), for the following purposes:
1.the execution of the Contract and the provision of the relative services requested;
2. the fulfillment of any legal and / or regulatory obligations (eg invoicing, bookkeeping);
3. protection of the SUPPLIER's rights, both in court and out-of-court;
b. with the consent of the interested party (Article 7, GDPR) - which may subsequently be revoked at any time - for the following purposes:
1. Direct and indirect marketing and market research: by sending (via e-mail, traditional paper mail, telephone, fax and / or SMS / MMS, push notifications) of newsletters, commercial communications relating to the Supplier's products, and for the execution (by phone, online, or via e-mail) of statistical analysis, surveys and market surveys, including customer satisfaction activities. In the event of any consent to profiling, as indicated in letter e) below, you may use the information collected to send you commercial communications deemed potentially of interest to you;
2.profilation: collection of information on the behavior and commercial habits in the sector in which the Supplier operates in order to improve the services offered according to the needs of our customers and, specifically, for the analysis by the Supplier of information regarding the choices, preferences, interests and habits acquired in the context of the use of the Services.
15.3.Nature of the provision of Personal Data and consequences of a refusal to provide.
The provision of Personal Data for the purposes referred to in the sales contract is, therefore, mandatory. The unavailability of data and / or any express refusal to process them will make it impossible for the Supplier to execute the contract signed or any violation of requests coming from the competent Authorities.
15.4 Personal Data.
As part of the purposes of the treatments highlighted above, only the Personal Data relating to:
1. identifying and contact data acquired during the conclusion of the Contract or voluntarily communicated (verbally, by business card, via e-mail, through the Supplier's website) including:
• personal data essential for identification (eg name and surname, tax code, addresses, email, PEC, employer company, role and / or company classification, etc).
At any time, the Purchaser will be able to ensure that the Personal Data processed for the purposes referred to in this cointratto are correct and, if they change, may also request the updating of such data after communication to be sent by email , at the Supplier's email address, or by post at the registered office of the Supplier.
15.5.Modality of treatment.
The processing of the Purchaser's Personal Data is carried out by means of the operations indicated in article 4, no. 2), GDPR and more precisely: collection, registration, organization, structuring, updating, preservation, adaptation or modification, extraction and analysis, consultation, use, communication by transmission, comparison, interconnection, limitation, cancellation or destruction.
The Supplier guarantees the logical and physical security of the data and, in general, the confidentiality of the Personal Data processed, implementing all the necessary technical and organizational measures to prevent loss of Personal Data, illicit use or, in any case, not correct, as well as unauthorized access by third parties.
The processing by the Supplier of Personal Data may be carried out with paper, computerized and telematic tools and will include - in compliance with the limits and conditions laid down by the privacy legislation - all operations or set of operations necessary for the treatment in question. The processing of Personal Data will be carried out in compliance with the rules of confidentiality and security provided for by European legislation, by law, by consequent regulations and by internal provisions.
15.6.Communication of data.
For the purposes set out above, the Supplier may make available his Personal Data:
• to its employees and collaborators, who will act in their capacity as authorized data processing personnel (or so-called "processors") and / or consultants appointed by the Data Controller who need to process Personal Data for the performance of their own tasks;
• to third parties who carry out outsourced activities on behalf of the Data Controller by providing specific services as Data Processors pursuant to art. 28 GDPR. For information on the names and relative references of the Data Processors, the Purchaser may contact the Supplier by post, including electronic mail, at the Company's headquarters;
• to judicial or supervisory authorities, administrations, public bodies and bodies (national and foreign), in compliance with the provisions of the law and following formal legitimate request from such subjects.
Personal Data will not be disclosed or transferred to third parties. It is understood that, in the event of any extraordinary corporate transactions (eg transfer or lease of a company, merger, etc.) concerning the Owner, Personal Data could be transferred or transferred to third party buyers / tenants or entitled to the Owner.
15.7.Time of data retention.
The Personal Data of the Purchaser will be kept for the period of time strictly necessary for the pursuit of the purposes of the processing.
15.8 Rights of the interested party.
With regard to your Personal Data, the Purchaser can exercise, at any time, the rights recognized by the GDPR, indicated below:
• access to personal data pursuant to art. 15: obtain confirmation that data concerning them are being processed and, in this case, access to the following information: the purposes, the categories of data, the recipients, the retention period, the right to propose complaint to the Supervisory Authority, the right to request the correction or cancellation or limitation of the treatment or opposition to the processing itself as well as the existence of an automated decision-making process;
• request for rectification of personal data pursuant to art. 16: obtain, without undue delay, the correction of inaccurate personal data concerning him and the possible integration of the same if incomplete;
• cancellation of personal data pursuant to art. 17: obtain, without undue delay, the cancellation of personal data concerning him;
• limitation of treatment pursuant to art. 18: "limitation" means the marking of data stored with the aim of limiting the processing in the future, this will entail the burden on the part of the Supplier to suspend the processing of his Personal Data;
• data portability pursuant to art. 20: in the case of automated processing carried out on the basis of consent or in execution of the contract, to receive data concerning him in a structured format, commonly used and readable by automatic device;
• opposition to treatment 21: oppose the processing of your Personal Data, unless there are grounds for legitimate interest by the Data Controller to continue processing. The Purchaser also has the right to object to the processing where their personal information is used for direct marketing purposes;
• oppose the automated decision-making process, including profiling pursuant to art. 22, your Personal Data must not be subjected to any automatic decision-making process by the Supplier through the use of personal information or the profiling of the Customer, unless consented;
• withdrawal of consent: in the event that the Purchaser has given consent to the collection, processing and transfer of his Personal Data, he has the right to revoke it for such specific processing at any time. Once the notification of withdrawal of consent is received, the Supplier will no longer process his Personal Data, except on the basis of another legitimate basis;
• propose a complaint pursuant to art. 77 to the competent Supervisory Authority based on habitual residence, workplace or place of violation of its rights; for Italy, the Guarantor for the protection of personal data is competent, which can be contacted via the contact details shown on the website http://www.garanteprivacy.it/.
The aforementioned rights may be exercised by sending a specific request by e-mail to email@example.com, or by post at the Supplier's headquarters.
16) METHOD OF STORAGE OF THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order sent is stored in digital form at the premises of the Supplier according to criteria of confidentiality and security.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Direct written communications to the Supplier and any complaints will be considered valid only if sent to the following address: BERNACCHINI 1905 SRL Via dei Mestieri, 20 62014 Corridonia (MC) ITALY, or faxed to 0039 733 435105 or sent via e-mail mail to the following address firstname.lastname@example.org. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes to receive communications from the Supplier.
18) COMPOSITION OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Macerata and resolved according to the Conciliation Rules adopted by the same.
18.2 If the Parties intend to refer to the ordinary judicial authority, the place of jurisdiction is that of the place of residence or elective domicile of the consumer, which is mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree. n. 206/2005
19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by Italian law.
19.2 Although not expressly provided for herein, the legal provisions applicable to the relationships and circumstances envisaged in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 of Legislative Decree 206/05, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to herein.
20) FINAL CLAUSE
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
I.N.K. BERNACCHINI 1905 S.R.L. protects the privacy of users and its customers, in full compliance with the GDPR REG. UE 679/2016, processing the data collected with confidentiality, correctness, lawfulness and transparency.
The personal data and fiscal personal data collected are collected and processed in paper form, computerized, telematic, with the purpose of registering the order and activating the procedure aimed at completing the purchase authorized by the customer and are also used for the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service. With "treatment", according to the provisions of art. 4 n. 2 of the GDPR 679/2016, must be understood any operation or set of operations, performed with or without the aid of automated processes and applied to personal data or sets of personal data, such as the collection, registration, organization, structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, comparison or interconnection, limitation, cancellation or destruction.
I.N.K. BERNACCHINI 1905 S.R.L. undertakes not to disclose the data provided to unauthorized persons, or to use them for purposes other than those for which they were collected. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law.
Personal data will be communicated, after signing a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively for that purpose.
The communication of personal data by the Purchaser is a necessary condition to complete the purchase and is therefore mandatory. The unavailability of data and / or any express refusal to process them will make it impossible for the Supplier to execute the contract signed.
At any time, the Purchaser will be able to ensure that the Personal Data processed for the purposes referred to in this contract are correct and, if they change, may also request the updating of such data after communication to be sent by email , at the Supplier's e-mail address, or by post at the registered office of the Supplier.
The data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be safe.
I.N.K. BERNACCHINI 1905 S.R.L. is the owner of the collection and processing of personal data, and it is with it that the buyer can direct any request.