GENERAL CONDITIONS OF SALE
These Conditions of Sale apply to all purchases made on the carlamontanarini.it site
These Conditions of Sale (hereinafter "General Conditions") are prepared in accordance with the legal provisions of the Italian Civil Code, Legislative Decree No. 70 of 09.04.2003 regarding information society and e-commerce services and Legislative Decree No. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, in Chapter I of Title III of Part III (articles 45 to 67), and regulate the offer and sale of products through the www.carlamontanarini.it site (hereinafter, for brevity, "the Site").
The products offered for sale on the Site are sold by CARLA MONTANARINI (hereinafter referred to, for brevity, as "the Seller"), with registered office in Via Francia, 7, 37069 Villafranca di Verona (VR) - ITALIA, registered with Verona Company Register under number R.E.A. VR 243836, VAT No. 02516350234, share capital of euro 10,000.00.
The buyer(s) (hereinafter, for brevity, also in the singular, "the User") may contact the Seller to request any information and to send communications at the following:
- telephone number +39 045 6304038;
- fax number +39 045 6303563;
- e-mail email@example.com;
- address Malibù s.r.l., Via Francia, 7, 37069 Villafranca di Verona (VR) - ITALIA.
The User may also request information using the form available on the Site in the "Contact Us" section.
1. Scope and validity of the General Conditions
1.1 These General Conditions apply and govern all sales contracts concluded in Italian territory through the Site.
1.2 The purchase made through the Site implies complete User awareness and acceptance, without reservation, of the General Conditions.
1.3 The General Conditions are subject to change at any time; each User is therefore required to consult the aforementioned before proceeding to make any purchase.
1.4 In any case, each sale will be subject to the version of the General Conditions in force at the date of dispatch of the purchase order, which the User will be able to view and print and/or store on a durable medium before proceeding with the purchase of products.
1.5 Conditions differing from and/or additional to those which follow, even if not expressly rejected by the Seller, shall have no effect whatsoever.
2. Users and registration procedure
2.1 Access to the offers on the Site is allowed both for Users who are consumers as defined by Art. 3, para. 1, letter a) of Legislative Decree 206/2005 ("Consumer Code"), meaning those natural persons acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activities they carry out, and for Users who are not Consumers.
2.2 In order to make purchases on the Site, the User must first register, choosing whether to register as "Company/VAT No." or as "Private Customer" (and, therefore, Consumer), providing all the information requested by the Seller.
2.3 It is forbidden for the User to enter data which are, in whole or in part, untrue, fictitious and/or belonging to third parties.
3. Purchase procedure
3.1 To purchase one or more products (hereinafter, for brevity, "the Products") on the Site, the User must complete the guided compilation of an order in electronic format that will be sent electronically, following the instructions that appear from time to time on the Site and that accompany the different phases of purchase.
3.2 It should be noted in particular that:
- before allowing the transmission of the order form, if the User is a Consumer, the Seller will provide the User with information referred to in Art. 49 of the Consumer Code (information on the right to withdrawal, in particular, is provided through the generic instructions on the right to withdrawal referred to in Annex I, Part A, provided for by Art. 1, paragraph 1, of Legislative Decree No. 21 of 21.02.2014);
- to be able to buy products, the User must be registered with the Site; with this registration, the User reads and approves these General Conditions, which may eventually be printed and/or stored on a durable medium, which shall be valid for future purchases.
- before submitting the order form, the User can identify and correct any data entry errors by following the instructions indicated from time to time.
3.3 The dispatch of the order form by the User constitutes an irrevocable offer to purchase; the contract shall be concluded with registration of the order form by the Seller and the dispatch of the order confirmation referred to in paragraph 3.4.
3.4 Once the order form has been registered, the User will be sent the order confirmation at the e-mail address provided by the User, with all of the information set forth in Legislative Decree No. 70/2003 and, where applicable, in the Consumer Code.
3.5 The User must retain the communication referred to in paragraph 3.4 as proof of purchase.
3.6 The order form will be stored in the database of the Site for the time necessary to execute the order and, in any case, in accordance with law. To access his/her order form, the User may refer to the "Customer area" of the Site, which contains a list of all orders placed.
4. Execution of orders
4.1 Purchase orders will be executed only after receipt of confirmation of payment of the amount due, which includes the purchase price of Products and any shipping charges, as specified in point 6.
4.2 Prior to executing the contract, the Seller shall have the right to verify orders placed by Users in order to ascertain any fraudulent behaviour and/or anomalous purchases.
4.3 In particular, pursuant to Art. 1456 of the Italian Civil Code, the Seller shall have the right to terminate the contract, by means of an e-mail communication to the User, and, consequently, to cancel the order and return the total amount due to the User, if:
• the the credit card used for payment has been cloned or there is reasonable doubt that the purchase has not been made by the card holder or in the event that the company issuing the credit card informs the Seller that the credit card has been blocked ;
• the order transmitted by the User presents an anomaly in relation to the type and/or quantity of Products purchased or the frequency of purchases made on the Site;
• at the date of purchase, the User is in default of the obligations arising out of or related to the execution of a previous contract with the Seller.
4.4 Subsequent to the completion of each order, the User will find the eventual tax document, if required, within his/her personal area.
5. Products and availability
5.1 The catalogue of Products may be periodically updated by the Seller which, therefore, does not provide any guarantee as to the permanence of a product among those available online.
5.2 Alongside the description of each product, the Seller will indicate whether it is immediately available or not. However, since, because of the methods of online purchase, it is possible that more than one User simultaneously purchase the same product, it could happen that at the time of registration of the purchase order, the product ordered is no longer available. In such case, the Seller will immediately send a notice to the User, who will have the right to:
- request cancellation of the order for the goods not available and obtain the refund of the amount paid for it;
- wait for the availability of the product ordered, and therefore proceed to block his/her reservation. In that case, the delivery of goods ordered must take place within a maximum of thirty days from the date of dispatch of the order form; failing that, the order will be cancelled, with a refund to the User of the amount paid.
5.3 If the order is cancelled, the Seller will refund the amount paid to the User and credit the amount reimbursed on the same means of payment used for the purchase, immediately and, in any event, within thirty days from the day following the dispatch of the order. Any delay in credit entry may depend on the bank or on the type of credit card used for payment. In any case, the value date of the amount credited will be the same as the debit.
6. Prices and costs
6.1 All prices are expressed in Euro.
6.2 Products shall remain the property of the Seller until full payment of the purchase price and any additional costs.
6.3 The price of Products may be changed by the Seller without prior notice, provided that the price charged to the User is that published on the product specifications at the time of filling in the order form.
6.4 Shipping costs are borne by the User.
7. Methods of payment
7.1 Payment for Products purchased on the Site may be made in the following ways:
• Credit card (Visa, MasterCard): In the case of payment by credit card, the User will complete the transaction in encrypted format and according to the security requirements provided for by VeriSign certification. VeriSign is one of the leading certification bodies for SSL (Secure Socket Layer) Certificates used to protect e-commerce sites and communications on web sites. The Seller will not retain the credit card data.
• PayPal: If the User selects PayPal as the method of payment, he/she will be connected directly to the https://www.paypal.it/it site, where he/she must follow the procedure laid down therein. The data entered in PayPal will be processed directly by the latter and will not be disclosed to or shared with the Seller. In case of cancellation of the order, and in all cases of refund, for any reason, the amount paid to the Seller will be credited to the User's account with PayPal. Once the order of credit entry is placed, the Seller shall not be liable for any delay or failure in crediting the amount reimbursed connected with management of the PayPal site.
• Advance bank transfer: The bank details and/or modalities of making out the transfer will be notified by the Seller in the order confirmation e-mail that will be sent to the User after input of the order form.
8.1 The User acknowledges that collection of Products is an obligation under the sales contract concluded with the Seller.
8.2 Deliveries will be made by express courier from Monday to Friday, during normal business hours, excluding public holidays. The use of different delivery methods may be decided by the Seller according to the nature of the product ordered. In this case, the change will be notified to the User by e-mail.
8.3 At the time of delivery of Products to the courier, the User will receive an e-mail confirmation from the Seller, in which the name of the courier used and details of the shipment will be expressly set forth.
8.4 Products will be delivered to the postal address specified by the User in the order form.
8.5 The delivery times indicated on the Site are indicative and not to be considered obligatory, given that they are dependent on several factors such as the method of payment, the possible use of non-express couriers for the transport of bulky goods, and the time of dispatch of the order form.
To obtain detailed information on delivery time, Customer Service can be contacted.
Per ottenere informazioni dettagliate circa le tempistiche di consegna è possibile contattare il Servizio Clienti.
8.6 Some Products may be bulky or may be marked with the indication "fragile material". In this case, the Seller will deliver the purchased Products by special courier within five/seven working days after the date of dispatch of the order form, regardless of where delivery is required.
8.7 Delivery of the products shall be considered complete when the User takes physical possession of the Products; from that time, as required by law, the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred to the User.
8.8 In the event of non-delivery due the absence of the recipient at the specified address, the courier will leave a notice to certify the delivery attempt. The notice will contain the details for contacting the courier and setting a date for delivery.
8.9 If the User fails to contact the courier to arrange a new delivery within around four days, the Products will be returned to the Seller.
8.10 In the case referred to in paragraph 8.10, the contract will be considered terminated as of right pursuant to Art. 1456 of the Italian Civil Code, with a simple e-mail notification from the Seller to the User, and, therefore, the order will be cancelled to all effects. Within 15 days of such notification, the Seller will then proceed to refund the total amount paid by the User for the Products, less the costs of unsuccessful shipment, the cost of returning the Products to the Seller and any other expense that the Seller has incurred due to non-delivery dependent on the absence or inertia of the User in fulfilment of the obligation to take delivery.
8.11 The refund due under paragraph 8.10 will be credited on the same means of payment used by the User.
8.12 Following the notification referred to in paragraph 8.10, the User who wishes to request delivery of the Products must necessarily place a new order.
8.13 The Seller reserves the right to refuse orders from Users in respect of whom it has previously invoked the termination clause referred to in paragraph 8.10 due to breach of the obligation to take delivery of the Products.
8.14 It is the responsibility of the User to verify the conditions of the Products delivered. Upon receipt of the Products, the Customer is thus required to verify their conformity, making sure, in particular, that:
- the number of packages indicated on the letter of the carrier corresponds to the number of packages effectively delivered;
- the packaging is intact and not damaged or tampered with.
Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing on the courier's transport document and the User should refuse delivery of the Products. At the same time, the User will be required to report the occurrence to the Customer Service of the Seller, at the addresses indicated in the General Information.
8.15 The User is thus invited to sign the transport document only after the checks referred to in paragraph 8.14.
8.16 If the User does not proceed in accordance with the preceding paragraphs and, therefore, takes delivery of Products even in the case of damaged or tampered packaging, he/she shall forfeit the warranty referred to in paragraph 10.
9. Right of withdrawal
The User, where he/she is a Consumer and is resident within the EU, may withdraw from the contract within fourteen days of receipt of the Products, without penalty and without specifying the reason.
The right of withdrawal is not envisaged for Users who are not Consumers resident in the EU.
To exercise the right referred to in paragraph 9.1, the User may use the generic withdrawal form to be requested from the Seller, compiling it in every field. The above communication must be signed by the User and indicate his/her personal data, the order number to which it refers, as well as the Products for which it is intended to exercise the withdrawal, identified by quantity, article description and relative price, as indicated in the order summary.
If the return of the Product is the result of a defect of the same, the User must attach a photograph of the Product, showing the part or parts of the product where such a defect is visible, to the withdrawal form.
Alternatively, the User may send an independent communication, providing that it contains all the elements in the generic withdrawal form. The notice of withdrawal devoid of the requirements referred to in the preceding paragraph, or received after the terms specified in paragraph 9.1, shall be deemed null and void.
9.3 The User must also send the above-mentioned form or notice of withdrawal, completed and signed, before expiry of the terms referred to in paragraph 9.1, to the Seller in one of the following ways:
- by using fax number +39 045 6303563;
- by writing to the e-mail address firstname.lastname@example.org;
- by post to Malibù s.r.l., Via Francia, 7, 37069 Villafranca di Verona (VR) - ITALIA.
9.4 Within 14 days of dispatch of the withdrawal form, the User must return the purchased Products to the Seller, at his/her own expense except for any current promotions. The User must return Products complete with all accessories, documentation and user manuals. The identification tag and/or labels, if any, should still be attached to the Product upon return.
If return of the product is due to a defect, the shipping costs for the return will be borne by the Seller on condition that the User uses the courier and shipping method indicated by the Seller.
9.5 The Seller reserves the right not to accept the return of Products if they are not intact, devoid of the original packaging and not in a condition permitting resale, unless the handling of the Products that caused the damage was not required to establish the nature, features and functioning of the Products. If the Product is not in a condition that permits resale, the Company will return it to the User and charge him/her the expenses incurred for its return.
9.6 The User may exercise the right of withdrawal in the case of audiovisual or computer software products, only where the latter are still sealed (in the case of dispatch of material) or (in the case of electronic transmission, via e-mail or via the Internet ) if the Seller has not, at the date of dispatch of the withdrawal form, sent the file or code that enables activation of the Products.
9.7 In the case of regular exercise of the right of withdrawal, the Seller shall reimburse the User the total amount paid, inclusive of delivery charges (except for additional costs arising from the latter's choice of a type of delivery different from the least expensive standard offered by the Seller), but excluding the costs of returning the Products, by crediting on the same means of payment used to purchase, unless the User has expressly agreed otherwise (in any case, the latter shall not have to incur any costs as a result of such return), within fourteen days of receipt of the duly completed withdrawal form.
In any case, the seller will not refund until receipt of the returned Products or until demonstration by the User that the Products returned have been sent back, if earlier; subject, in any case, to the provisions of paragraph 9.5.
10. Warranties and non-compliance of products
10.1 Pursuant to the law, the Seller has the obligation to deliver goods to the Customer in compliance with the sales contract.
10.2 For all Products purchased by the User who is a Consumer, the Legal Compliance Warranty under Art. 128 et seq. of the Consumer Code applies. This warranty is valid for two years from delivery of Products, provided that the User's discrepancy complaint is made within two months from discovery of the defect.
The legal warranty of compliance entitles the User to obtain a price reduction, free replacement of the Product or termination of the sales contract, there being no different remedies available by reason of its nature.
The User shall be entitled to demand, at his/her choice, an appropriate reduction of the price or termination of the sales contract, only if the replacement is impossible or prohibitively expensive, or replacement has not taken place within a reasonable period of time.
10.3 For all Products purchased by Users who are not Consumers, the Warranty applies for defects in the thing sold pursuant to Art. 1490 et seq. of the Italian Civil Code. This warranty is valid for one year from delivery of the Products, provided the User's complaint is made within eight days of discovery of the defect.
The warranty for defects in the thing sold entitles the User to obtain the termination of the contract, or a price reduction.
10.4 The User, whether Consumer or not, must submit his/her written complaint to Customer Service in one of the following ways:
- by fax: +39 045 6303563;
- to the e-mail address email@example.com;
- by post to Malibù s.r.l., Via Francia, 7, 37069 Villafranca di Verona (VR) - ITALIA.
This complaint must contain an accurate and complete description of the defect(s) disputed.
10.5 This complaint must contain an accurate and complete description of the defect(s) disputed.
10.6 In no case shall a defect of minor compliance incur the right to terminate the contract.
10.7The images and colours of products posted on the Site may differ from the real ones due to local system settings and/or the instruments used for their display. Any differences in this respect are not, therefore, considered to be defects of compliance of Products.
10.8 Any defects or damage caused by accidental facts or are the responsibility of the User or by use not compliant with the intended use of Products are not considered as defects of compliance and are thus excluded from the warranty.
11. Limitation of liability
11.1 These General Conditions outline the scope of liability of the Seller, with the exclusion of any other warranty, condition or term, expressed or implied, established by law, including with regard to the quality or suitability of Products for specific uses, except however those warranties which by law cannot be derogated, also in consideration of the User's status as Consumer.
11.2 The User shall be solely and exclusively responsible for the choice of Products; by sending the order, he/she states to have carefully examined the characteristics of the Products, as indicated on the Site.
12. Express termination clause
12.1 The contract concluded with the Seller shall be deemed terminated as of right, pursuant to and for the purposes of Art. 1456 of the Italian Civil Code, in the cases referred to in paragraphs 4.3 and 8.11, to which we refer, of the General Conditions, after notification sent by the Seller via e-mail to the User.
12.2 The User may terminate the contract pursuant to Art. 10 of the General Conditions, with the limits and conditions set out therein. If the User intends to request termination of the contract, it must be specifically requested in his/her complaint.
13. Processing of personal data
13.1 Users' data are treated in accordance with Legislative Decree 196/2003 (Privacy Code), as applicable, as specified in the policy on the processing of personal data given to the User at registration.
14. Applicable law and competent court
14.1 The contracts concluded by the User through the Site are governed by Italian law.
14.2 For any dispute regarding the application, execution or interpretation of these General Conditions of Sale and/or execution of the contract concluded under those Conditions, the competent Court shall be in the place of residence or domicile of the User, when he/she is a Consumer.
14.3 If the User is not a Consumer, for any dispute arising between the Seller and the User regarding the application, execution or interpretation of these General Conditions of Sale and/or execution of the contract concluded under those Conditions, the competent court shall be exclusively the Court of Verona.
14.4 For the resolution of disputes arising from exact application of the contracts governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code, it is possible to resort to the mediation procedures referred to in Legislative Decree No. 28 of 4 March 2010. This is without prejudice to the possibility of using the voluntary and joint negotiation procedure provided for in Article 2, paragraph 2, of Legislative Decree No. 28 of 4 March 2010.