ONLINE SALE CONTRACT
means the legal entity as the provider of the Online Sales service.
means the consumer who is a physical person who makes the purchase through the Website.
if the Company and the Buyer are appointed jointly.
means the sale, by the Company, of Products through the World Wide Web, using the telematic system made available by the same, with online payment services.
means the telematic system made available by the Company to make remote purchase of the Products offered by the Company.
means the movable tangible assets put up for sale by the Company, whether they are of their own production, whether they are produced by third-party suppliers, marked in any case with the company’s trade names and logos.
Online Sales Contract (hereinafter referred to, for brevity)
means the Sale and Purchase Agreement relating to the Products put up for sale by the Company, as part of a remote sales system through electronic tools made available by the Company itself.
ELLE DUE Srl (hereinafter the Company) with registered office in Via Monti e Tognetti n. 7 – 20900 Monza (MB), tax code 06003560155, VAT number I.V.A. 00812650968, sells and exclusively the Final Consumer (hereinafter the Purchaser) purchases, with an Online Sales Contract, the Products selected and ordered by the Purchaser from those entered on the Website and currently available.
The Purchaser declares to guarantee that the purchase of products on the Company’s Website is not carried out in the performance of his professional activity and is also intended for strictly personal use.
All orders that, at the unquestionable judgment of the Company, do not constitute a retail sale, and in general, any order deemed fraudulent will be considered void.
This Agreement, available on the Website, must be carefully examined by the Buyer before completing the purchase procedure for the Products through the Website itself.
The Purchaser declares that he / she has full capacity to act and stipulate the Contract for the purchase of the Products on the Website on the basis of this Online Sales Contract. The Company can not under any circumstances be required to verify the ability to act of visitors and Buyers of the Company’s Website. In the event that a person, not having the necessary ability to act (for example a minor), place an Order on the Company’s Website, without prejudice to the responsibility of his/her parents or legal guardians for such Order and the related payment, The company may refuse to accept the order.
1. Object of the contract
1.1 With this Contract, respectively, the Company sells and the Buyer remotely purchases the Products indicated and offered for sale on the Internet Site www.tendeboxdoccia.com through electronic tools put at the disposal of the Company.
1.2 This Agreement is intended to define the rights and obligations of the Parties in relation to the sale of products by the Company to the Purchaser. These rights and obligations apply without restriction to all sales made through the Website
1.3 The Products sold through the Website are illustrated on the web page www.tendeboxdoccia.com, as described in the relevant information sheets; however, the image accompanying each Product may not be perfectly representative and therefore differ in color, size and finishing details
1.4 The Online Sales service, regulated by this Contract, is available for purchases to be delivered exclusively on Italian territory
1.5 The Company reserves the right to modify this Contract at any time, however, any sale concluded prior to the variation of the Contract itself, incorporates any condition regulated by the Contract before any change, including prices and / or specific promotions
2. Contract stipulation
2.1 The Contract between the Parties is concluded exclusively through the Company’s Website, through the Buyer’s access to the address www.tendeboxdoccia.com, where, following the procedures indicated, the Purchaser will arrive to formalize the purchase proposal of the Products referred to in points 1.1, 1.3 and 1.4
3. Obligations of the Purchaser
3.1 The Purchaser undertakes to pay the price of the Products purchased and any incidental expenses, by way of example and not exhaustive shipping costs, in the times and methods indicated in the Online Sales Contract.
3.2 The Buyer agrees, once the online purchase procedure is completed, to provide for the printing and / or conservation of these general conditions, which, however, will have already viewed and accepted as an obligatory step in the purchase, as well as the press of the specifications of the product object of the purchase, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05
3.3 It is strictly forbidden for the purchaser to enter false and / or invented and / or invented and / or fictitious personal data and e-mails in the registration procedure necessary to activate, for him / her, the process for the execution of the present Contract. The data must be exclusively their own and real personal data and not third parties
4. Conclusion and effectiveness of the Contract
4.1 The Contract ends with the exact completion of the application form and the consent to the purchase manifested through the adhesion sent online, or with the completion of the form attached to the online electronic catalog at the address “www.tendeboxdoccia.com> checkout> conclude the order “and the subsequent submission of the form, always after viewing a web page summary of the order in which the details of the Purchaser and the order are listed, the price of the purchased Product, shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, the existence of the right of withdrawal and a copy of this Contract
4.2 When the Company receives the order from the Purchaser, it sends an e-mail confirming the order, printable, which also includes the data referred to in the previous point, with the exception of the copy of the Contract
4.3 The contract stipulated between the Company and the Purchaser must be considered concluded with the acceptance, even if only partial, of the order by the Company. This acceptance is considered tacit, unless otherwise communicated in any manner to the Purchaser.
4.4 The ownership of the Products will remain with the Company until such time as the entire amount of the order, including shipping costs, taxes and any ancillary costs (where provided), are fully paid by the Purchaser
4.5 By placing an order the Purchaser declares to have read all the information provided to him during the purchase procedure, and to accept the Contract in full
4.6 The Contract is not considered perfected and effective between the Parties in the absence of what is indicated in the previous point
5.1 The prices of the Products offered for sale on the Website are applicable in the context of distance selling and may be different from the retail prices or in any case compared to the average market prices applied to certain products
5.2 All sales prices of the products displayed and indicated on the Website are expressed in Euro and constitute an offer to the public pursuant to art. 1336 c.c.
5.3 The sales prices, referred to in the previous point, are inclusive of VAT
5.4 Shipping costs and any additional charges (if any) will be indicated and calculated in the purchase procedure before the order is placed by the Purchaser
5.5 The Company may change the sales prices of the Products, shipping costs and any ancillary costs at any time and without notice. It is understood that every order received before the price change will keep the relative amounts with the previous prices
6.1.1 Each payment by the Purchaser can be done only by one of the methods indicated: online credit card, PayPal
6.1.2 As regards the method of payment by credit card, by filling out the appropriate space on the Website, the Purchaser authorizes the Company to use its credit card and to charge the same amount of the expense incurred, including taxes, transport costs, bank charges and any compulsory contributions included
6.1.3 All orders must be paid in Euros, including taxes, transport costs, bank charges and any mandatory contributions included
6.1.4 The Company will send the invoice or the fiscal receipt attached to the shipment of the Products purchased
6.1.5 The fiscal document will be issued based on the information provided by the Purchaser when ordering. No variation will be possible after the issuance of the tax document
6.1.6 The Purchaser agrees to carefully check the data entered at the time of order, as these will be used for accounting records
6.1.7 Any refund to the Purchaser will be credited by one of the methods proposed by the Company and chosen by the Purchaser, by way of example and not exhaustively by transfer of the amount paid, voucher to be used for future purchases from the Website. The refunds will be recognized or credited within 14 (fourteen) days of acceptance of the same and, in case of exercise of the right of withdrawal, as governed by Article 10.6 of this Contract
6.1.8 All communications relating to payments are made on a specific company line protected by an encryption system. The Company guarantees the confidentiality of this information in accordance with the provisions of the current regulations on the protection of personal data
7. Availability of Products
7.1 The Products sold on the Website are available for as long as they are published and within the limits of stocks in stock
7.2 The Company ensures, through the telematic system, the processing and processing of orders received in the shortest possible time, compatibly with the workload of the company staff and the availability of stock
7.3 In the event that, after the Order has been sent by the Purchaser, a total or partial unavailability of the product occurs, the Purchaser will be immediately informed, with the most suitable means chosen by the Company, of the unavailability of the Product and total or partial cancellation of the Order.
7.3.1 In case of total cancellation of the Order:
18.104.22.168 The Purchaser will be informed of the total cancellation of the Order
22.214.171.124 The Company will provide for the total cancellation of the sums paid by the Purchaser concerning the canceled order
7.3.2 In case of partial cancellation of the Order:
126.96.36.199 The Order of the Purchaser will be partially confirmed with the amount charged only for the products available as indicated in the Order Confirmation e-mail
188.8.131.52 The Purchaser will be informed of the partial cancellation of the Order
184.108.40.206 The available products will be delivered to the Purchaser
8. Delivery of Goods
8.1 The Products ordered by the Buyer on the basis of this Contract will be delivered to the address indicated by the Purchaser as the delivery address on the Order
8.2 The ordered goods can be processed within normal management times that can be extended within acceptable times if the Product will be temporarily unavailable, however within and no later than 30 (thirty) days from the day following that in which the Purchaser has transmitted the order, unless otherwise agreed between the Parties
8.3 No shipment will be carried out outside the nationalities indicated in the order form (registry field)
8.4 The Purchaser may withdraw an order by communicating his / her wishes to the Company prior to shipment
8.5 The Products shipped will be checked and delivered to the courier without defects. The company will not be liable for damages and can not undertake the replacement or repair if not reported at the time of acceptance of the shipment, affixing the complaint on the courier’s bulletin (the one that will remain in the possession of the courier) the words “damaged goods” , “I accept with reservation of control”, “parcel intact I accept with reserve”, or similar which show damage or presumed damages The dispute must be immediately reported to the deliveror and communicated to our e-mail address firstname.lastname@example.org and to the registered office of the courier in the area of competence
8.6 The shipping costs can be deduced from the summary page of the orders of the Website
9. Responsibility Limitations
9.1 The company assumes no responsibility for disservices due to force majeure, if it fails to execute the order within the time stipulated in the contract
9.2 The Company can not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside the control
9.3 Furthermore, the Company will 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, since the Purchaser is entitled only to the full refund of the price paid and any additional charges supported
9.4 The Company 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 Products purchased, 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
9.5 Under no circumstances can the Purchaser be held liable for delays or errors in the payment if he proves that he has made the payment in the time and manner indicated by the Company
10. Right of Withdrawal
10.1 The Purchaser has in any case the right to withdraw from the Contract stipulated, without any penalty and without specifying the reason, within the term of 10 (ten) working days, starting from the day of receipt of the purchased good; the Right of Withdrawal does not apply to goods made to measure or customized
10.2 In the event that the Company has not fulfilled the obligations to provide information on the existence, method and timing of the return or withdrawal of the Products 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 the Products by the Purchaser
10.3 In the event the Purchaser decides to exercise the right of withdrawal, he must notify the Company by registered letter A.R. at Elle Due Srl via Monti e Tognetti n. 7 – 20900 Monza (MB), or by e-mail to the e-mail address email@example.com; provided that such communications are confirmed by the Company. The stamp affixed by the post office on the issued receipt will be authentic between the Parties. 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 date of delivery to the post office or the forwarder will be valid between the Parties
10.4 The return of the Products must however take place at the latest within 14 (fourteen) days from the date of receipt of the goods. In any case, to be entitled to full reimbursement of the price paid, the Products must be returned intact, in normal condition, including boxes, envelopes, and packaging of all kinds, with the exception of the shipping order of the returned order and within 14 (fourteen) days from the date of acceptance of the return by the Company obliged to present the relative proof of shipment.
10.5 The only expenses payable by the Purchaser for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the Products to the Company
10.6 The Company 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.
10.7 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
11. Termination of the Contract and Express Termination Clause
11.1 The obligations assumed by the Buyer in art. 3 above (Purchaser’s Obligations), as well as the guarantee of the successful completion of the payment that the Purchaser must make, are essential, so that, by express agreement, the Buyer’s failure to fulfill only one of these obligations will determine the termination of contract law pursuant to art.1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of the Company to take legal action for the compensation of further damage
12. Protection of privacy and processing of personal data
12.1 The Company protects the privacy of its Purchasers and ensures that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. June 30, 2003, n. 196
12.2 The personal and fiscal personal data acquired directly and / or through third parties from the Company, the data controller, are collected and processed in paper form, computerized, telematic, in relation to the processing methods with the purpose of registering the order and activating against 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 business relationships to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b, of Legislative Decree No. 196/2003)
12.3 The Company undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to disclose it to unauthorized persons, or to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law
12.4 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 this purpose
12.5 The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely the right to obtain
12.5.1 updating, rectification or, when interested, integration of data
12.5.2 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
12.5.3 the attestation that the operations referred to in points 12.1 and 12.2 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 proves impossible or involves the use of resources manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
220.127.116.11 for legitimate reasons, the processing of personal data concerning him, even if pertinent to the purpose of the collection
18.104.22.168 to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication
12.6 The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this Contract. Failing this, the Buyer’s request can not be carried out
12.7 In any case, 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
12.8 Holder of the collection and processing of personal data, is the Company, to which the Purchaser will be able to direct any request to the office
13. Archiving Mode
13.1 Pursuant to art. 12 of D.L.vo 70/03, the Company informs the Purchaser that every order sent is stored in digital / paper form on the server / at the Company’s premises according to criteria of confidentiality and security
14.1 The company reserves the right to change the present Contract at any time by publishing the updated version on the website www.tendeboxdoccia.com
14.2 Any new clauses will be effective for purchases made after the modification has been made
15. Applicable Law
15.1 This contract is regulated by the Italian law. The present general conditions are reported, although not expressly provided for therein, to the combined provisions of Legislative Decree 50/92 and of Legislative Decree 206/05
16.1 Any dispute concerning the application, execution, interpretation of this Contract stipulated online through the website www.tendeboxdoccia.com is subject to Italian jurisdiction
16.2 For disputes arising between the Parties in relation to this Contract, the Judge of the place of residence or domicile of the Buyer is competent if located in the territory of the State
16.3 If the Purchaser’s residence or domicile is not located in the territory of the State, the Court of Monza, Italy is competent