The Buyer expressly declares to make the purchase for purposes unrelates to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by Zac Ligature di Pellizzari M.&C. S.A.S. With registered office in Storo, Via 24 maggio n. 4, registered with the Trento Chamber of Commerce under no. TN-227429 of the Companies Register, tax code 02474390222 VAT number 02474390222 hereinafter referred to as “Supplier”.
The term “online sales contract” means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between the latter and the Buyer as part of a remote sales system through telematic tools organized by the Supplier.
The term “Purchaser” means the consumer who is a natural person making the purchase, referred to in this contract, for purposes not relates to any commercial or professional activity carried out.
The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
Object of the contract
With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible assets indicated and offered for sale on the website www.zacligature.comvia telematic tools.
The products referred to in the previous point are illustrated on the web page. https://www.zacligature.com/en/pagine/dettaglio/menu_principale,3/download,81.html
How to stipulate the contract
the contract between the Supplier and the Purchaser is concluded exclusively through the internet by accessing the Purchaser atwww.zacligature.com, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
the purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the form/ form attached to the online electronic catalog atwww.zacligature.com/ordersand the subsequent submission of he form/module itself, always after viewing a web page summarizing the order, printable, in which the details of the purchased good, the expenses shipping and any additional accessory charges, payment methods and term, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
When the Supplier receives the order from the Purchaser, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data recalled in the previous point.
The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Methods of payment and refund
Any payment by the Purchaser can only be made by means of one of the methods indicated in the appropiate web page by the Supplier.
Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art.13, point 2 et seq. Of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.
All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security and in compliance with the provisions of the current regulations on the protection of personal data.
Delivery times and methods.
The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point.
Schipping times may vary from the day of the order to a maximum of 30 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this period but, in any case, within that indicated in the following point, the Purchaser will be promptly notified by e-mail.
Shipping methods, times and costs are clearly indicated and well highlighted at www.zacligature.com/modalitàcostitempiordini.
All sales prices of the products displayed and indicated on the websitewww.zacligature.com/catalogoare expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and aby ancillary charges ( e.g customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the Purchaser and also contained in the web page summarizing the order placed.
The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
If an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will notify the Purchaser if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
The Supplier's computer system confirms the successful registration of the order as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.
Limitation of Liability
The Supplier assumes no responsability for disservices attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, since the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred.
The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products puschased, if he proves that he has taken all precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
In no case can the Purchaser be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier.
Pursuant to art.114 and ss. Of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured part, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods.
The aforementioned request by the injured part must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
The Supplier cannot 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 rule or a binding provision or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product in circulation, did not yet allow the product to be considered defective.
No compensation will be due if the injured part was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
In any case, the injured part must prove the defect, the damage, and the causal connection between defect and damage.
The injured part may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption an thus mainly used by the injured part.
Damage to property 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 (Euro 387)
Guarantees and methods of assistance
the Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and posses the qualities of the goods that the seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and that it has been with them brought to the attention of the Seller at the time of the conclusion of the contract and that the Seller has also accepted for conclusive facts.
The Purchaser loses all right if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of 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 compliance.
In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisft or is excessively burdensome for the Supplier pursuant to art.130, paragraph 4, of the Consumer Code.
The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Purchaser's request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the term referredto in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the latter may request, at his choice, a reasonable reduction in the price or the resolution of the contract. In this case, the purchaser will have to send his request to the Supplier, who will indicate his willingness to proceed with it, or the reason that prevent him from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Purchaser's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Purchaser's responsibility to indicate how to re-credit the amounts previously paid to the Supplier.
Obligations of the Purchaser
The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before confirming the purchase.
Right of withdrawal
In any case, the Purchaser has the right to withdraw from the stipulated 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 goods,
In the event that the professional has not met the information obligations on the existence, methods and times of return or withdrawal of the asset in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 ( twelve) months from the end of the initial withdrawal period and runs from the day of receipt of the goods by the Consumer.
If the purchaser decides to make use of the right of withdrawal, he must notify the Seller by registered letter with return receipt. To the address via 24 Maggio, Storo n. 4 38089 (TN) Italy, or by e-mail to: firstname.lastname@example.org, provided that such communications are confirmed by sending a registered letter with return receipt at: Via 24 Maggio, n.4 Storo 38089 (TN) Italy, within the following 48 ( forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms, the delivery date to the post office or forwarder will be valid between the parties.
The return of the goods must in any case take place at latest within 30 ( thirty) days from the date of receipt of the goods. In any case , to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation. The purchaser is resposible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned because of the risk of deterioration or rapid expiration, supplyng newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the Consumer Code.
The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.
The Supplier will reimburse the entire amount paid by the purchaser free of charge within 30 ( thirty) days of receipt of the notice of withdrawal. The refund may be suspended until receipt of the goods or until the Purchaser demonstrates that he has returned the goods, wichever is earlier.
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 their mutual obligations, without prejudice to the provisions of the previous points of this article.
Causes for resolution
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 makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art.1456 of the Italian Civil Code, without the need for a judical decision.
Protection of confidentiality and processing of the Purchaser's data
the Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 june 2003, n. 1961.
Personal and fisical data acquired directly and/or through third parties from the Supplier Zac Ligature di Pllizzari M. & C. S.A.S. Data controller, are collected and processed in papaer, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this contract and the relates necessary communications. In addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service ( Article 24, paragraph 1, letter b, Legislative decree 196/ 2003) 2.
The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose term to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
Personal data will be disclosed, after signing a commitment to confidentiality of the data, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
The Purchaser enjoys the rights set forth in art.7 of Legislative Decree 196/2003, namely the right to obtein:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those which need not be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested part also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carryng out market research or commercial communication.
The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Purchaser's request cannot be processed.
In any case, the acquired data will be kept for a period of time not exeeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can direct any request at the company headquarters.
Anything sent to the e-mail address (including electronic) of the Center ( request, suggestions, ideas, informations, materials, etc.) will not be considered information or data of a confidential nature, it must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Center cannot be attributed any responsibility for the content of the messages themselves.
Method of archiving the contract
Pursuant to art.12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/ paper form on the server/ at the Supplier's headquarters according to criteria of confidentiality and security.
Communications and complaints
Written communications directes to the Supplier and any complaints will be considered valid only if sent to the following address: Via 24 Maggio n.4 Storo (TN) Italy, or sent by e-mail to the following address: email@example.com. The purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
Settlement of disputes
All disputes arising from this contract will be referred to the Trento Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice. Mandatory pursuant to art. 33 paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and reference.
This contract is regulated by the Italian law.
Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art.5 of the Rome Convention of 1980.
Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
this contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.
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