The Purchaser expressly declares that he/she is making the purchase for purposes unrelated to his/her commercial or professional activity.
Identification of the Supplier.
The goods covered by these general conditions are offered for sale by Antonella Ferrante Srl with registered office in Milan, via Torino No. 49, registered with the Milan Chamber of Commerce under Company Register No., Fiscal Code No.
1. Definitions
1.1. The expression "online sales contract" means the sales contract relating to the tangible movable property of the Supplier, stipulated between the latter and the Purchaser in the context of a distance selling system using telematic tools, organized by the Supplier.
1.2. The expression "Buyer" means the natural person consumer who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression "Supplier" means the subject indicated in the epigraph or the subject providing the information services.
2. Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic means the tangible movable property indicated and offered for sale on the website www.antonellaferrante.it .
2.2. The products referred to in the previous point are illustrated on the web page www.antonellaferrante.it/shop.
3. Method of stipulating the contract.
The contract between the Supplier and the Purchaser is concluded exclusively through the internet by accessing the Purchaser at the address www.antonellaferrante.it, where, following the procedures indicated, the The buyer will come to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 1 of the previous article.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly filling out the request form and consenting to the purchase expressed through the adhesion sent online or by filling in the form/module attached to the online electronic catalog at the address http ://www.antonellaferrante.it/checkout/ and the subsequent submission of the form/module itself, always after viewing a printable order summary web page, which shows the details of the payer and the order, the price of the goods purchased, the shipping costs and any additional ancillary charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, he sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
5. Methods of payment and reimbursement
5.1. Each payment by the Purchaser can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2.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 clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal
5.3. All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
6. Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary from the day of the order to a maximum of working days from its confirmation. In the event that the Supplier is unable to carry out the shipment within said term but, in any case, within that indicated in the following point, the Purchaser will be promptly notified by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at http://www.antonellaferrante.it/condizioni-di-trasporto/
7. Prices
7.1. All sales prices of the products displayed and indicated on the website www.antonellaferrante.it/shop are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (for example: customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding the order by the buyer and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
8. Product availability
8.1. The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Supplier's computer system confirms the order registration as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.
9. Limitations of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract.
9.2. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its sub-suppliers.
9.3.Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
10. Liability for defects, proof of damage and recoverable damages: the Supplier's obligations
10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to inform the injured party, within three months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods .
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 purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. 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 to a binding provision, or if the state of scientific and technical knowledge, at the time when 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 injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the injured party.
10.7. 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 assistance methods
11.1. The Supplier is liable for any lack of conformity that occurs within two years of delivery of the goods.
11.2.For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the seller and possess the qualities of the good 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 appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, especially in advertising or on labelling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted also for conclusive facts
11.3. The Purchaser 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.
11.4. In any case, unless proven otherwise, it is presumed that the lack of conformity which occurs within six 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 compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of 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 satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with acknowledgment of receipt or by certified e-mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven days working from receipt. In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or 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 have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate 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.
11.8. In the same communication, if 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 the methods for re-crediting the sums previously paid to the Supplier.
12. Obligations of the Purchaser
12.1. The Purchaser undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
12.2.Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract
12.3. 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 the purchase confirmation.
13. Right of withdrawal
13.1. 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 good.
13.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times for returning or collecting the goods 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 90 (ninety) days and starts from the day the goods are received by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address – Antonella Ferrante via Torino 49 20123 Milan. Or by fax to the number or by e-mail to the e-mail info@antonellaferrante.it, provided that such communications are confirmed by sending a registered letter with acknowledgment of receipt to the address – Antonella Ferrante srl via Torino 49 20123 Milan by 48 (forty-eight) hours later or by certified e-mail to the e-mail address antonellaferrantesrl@pec.it. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be authentic between the parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order 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.
13.5. 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 or risk deteriorating or rapidly altering, of the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the code. cons.
13.6. 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 bear them.
13.7. The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. 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 reciprocal obligations, except as provided for in the previous points of this article.
14. Reasons for 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 makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are of an essential nature, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of contract law pursuant to Article 1456 of the Civil Code, without the need for a judicial decision.
15. Protection of confidentiality and processing of the Buyer's data
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 1961 .
15.2. The personal and fiscal personal data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods, with the aim of registering the order and activating in towards him the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an 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)22 .
15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. 1 General provision of the Guarantor for the protection of personal data Simplifications of certain obligations in the public and private spheres with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal of 1 July 2008, n. 152. 2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142. Such data may be shown only upon request by the judicial authority or by other authorities authorized by law.
15.4. Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary 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 as regards 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 manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
157. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, they will be removed safely.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the buyer can address any request at the company headquarters.
15.9. Anything sent to the Supplier's postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Supplier for the content of the messages themselves.
16. How to store the contract
16.1. 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 confidentiality and security criteria.
17. Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Antonella Ferrante Srl via Torino 49 20123 Milan , or sent by fax to 0248028780 or sent by e-mail to the following address info@antonellaferramte.it In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
18. Settlement of disputes
18.1. All disputes arising from this contract will be devolved to an attempt at conciliation with the mediation body of the Milan Chamber of Commerce and resolved according to the conciliation regulation adopted by the same.
18.2. If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of the Italian Civil Code cons.
19. Applicable law and referral
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases provided for in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 code cons., the discipline contained in Part III, Title III, Chapter I of the cod. is expressly referred to here. cons. Final clause This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the object of this contract.
