These conditions are valid exclusively between Ruperossa di Dongarrà Giuseppe with registered office in via Campania 7, 90024 Gangi (PA) P: IVA 06837310827 telephone: 3204764265 email address firstname.lastname@example.org, hereinafter also referred to as “Supplier” and any person who makes online purchases on the website ruperossa.it, hereinafter also referred to as “Customer” or “Buyer”. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the website ruperossa.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree 70/2003 on electronic commerce “,
1.1 The term “online sales contract” means the sales contract relating to the goods offered for sale by the Supplier, stipulated between them and the Buyer in the context of a remote sales system via telematic tools, organized by the Supplier.
1.2 The term “Buyer” means the consumer who is a natural person who makes the purchase through the appropriate online procedure, which, unless expressly indicated, is intended for purposes not related to any commercial or professional activity carried out .
1.3 The expression “Supplier” means the person indicated in the epigraph or the person who supplies the products offered for sale.
2) OBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible goods indicated and offered for sale on the website ruperossa.it via telematic tools.
2.2 The products referred to in the previous point are illustrated on the web page: ruperossa.it/acquista da noi
2.3 The customer undertakes to read these general conditions of sale, in particular the pre-contractual information, before proceeding to confirm his order, and to accept them by affixing a flag in the indicated box.
3) PRE-CONTRACTUAL INFORMATION – art. 49 of Legislative Decree. 206/2005
Before concluding the purchase contract, the Customer examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the Customer’s choice.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the Customer is informed about:
total price of goods including taxes, with details of shipping costs and any other costs;
terms of payment;
the term within which the Ruperossa company undertakes to deliver the goods;
conditions, terms and procedures for exercising the right of withdrawal (point 13 of these conditions), as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
information that the Customer will have to bear the cost of returning the goods in case of withdrawal;
existence of the legal guarantee of conformity for the products purchased.
The Customer may at any time and in any case before the conclusion of the contract, take note of the information relating to the Ruperossa company, the geographical address, telephone and fax number, e-mail address, as also indicated in the epigraph.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract begins with the exact compilation of the request form and the consent to purchase expressed by completing the form / form present in the online shop at ruperossa.it/buy from us and the subsequent submission of the form / module itself, always after viewing a web page summarizing the order, printable, which shows the details of the purchaser and the order, the price of the purchased good, shipping costs and any additional charges accessories, the methods and terms of payment, 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, and barring impediments, he sends a confirmation e-mail or displays a web page of confirmation and order summary, printable, in which they are also reported the data recalled in the previous point.
4.3 The contract is considered perfected and effective between the parties only after the order confirmation referred to in the previous point.
5) METHOD OF PAYMENT AND REFUND
5.1 Any payment by the Buyer can only be made by one of the methods indicated in the specific web page by the Supplier.
5.2 Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, 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 specific 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 Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.
6.2 The shipping times are those indicated in the “shopping cart” section of the online store and start from the confirmation of the same. In the event that the Supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.
6.3 Shipping methods, times and costs are clearly indicated and highlighted at ruperossa.it/spissione-e-consegna.
7.1 All the sale prices of the products displayed and indicated on the website ruperossa.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
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 (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the buyer or, if not foreseeable or not usual, contained in the order confirmation. In the latter case, that is, in the case of costs not quantified only in the confirmation of the order by the Supplier, the Customer can renounce the order placed by replying to the confirmation e-mail within the mandatory term of 24 hours.
7.3 The prices indicated for each of the products offered to the public are valid until the date indicated in the catalog.
8) AVAILABILITY OF PRODUCTS
8.1 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 available and unavailable products, as well as shipping times.
8.2 If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer 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.
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, pursuant to point 4.2.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract.
9.2 The Supplier cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3 The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased, if he proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no case can the Buyer 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.
10) DEFECT LIABILITY, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER’S OBLIGATIONS.
10.1 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 party, within three months of the request, the identity and address of the manufacturer or of the person who supplied him .
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 a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
10.4 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10.6 The injured party 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 and thus mainly used by the injured party.
10.7 The 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 (387 euros).
11) GUARANTEES AND METHODS OF ASSISTANCE
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 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) they conform to the description made by the seller and possess 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;
11.3 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.
11.4 In any case, unless proven otherwise, it is assumed that the lack of conformity that 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. of compliance.
11.5 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 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 letter with return receipt, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer’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 onerous, 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 has caused significant inconvenience to the ‘Buyer, the latter may request, at his choice, an appropriate reduction in 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 it, 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 Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer’s responsibility to indicate how to re-credit the sums previously paid to the Supplier.
12) BUYER’S OBLIGATIONS
12.1 The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep these general conditions of sale.
12.3 The information contained herein or has already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
13) RIGHT OF WITHDRAWAL
13.1 The Purchaser who has not made the purchase in the exercise of commercial, entrepreneurial or professional activities, in any case has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen ) days, starting from the day of receipt of the purchased good.
13.2 If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address Via Campania 7 90024 Gangi (PA), or by e-mail to the e-mail email@example.com , provided that such communications are confirmed by sending a registered letter with return receipt to the aforementioned address within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be valid 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 date of delivery to the post office or to the forwarder will be valid between the parties.
13.3 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, 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.
13.4 The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of products 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 are liable to deteriorate or alter. quickly, and in any other case provided for by art. 55 of the Consumer Code.
13.5 The only expenses 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 decides to pay them by communicating it to the Customer.
13.6 The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal, using the same payment method chosen by the Customer during the purchase (except for the cash on delivery). In the case of payment made by bank transfer, and if the Customer intends to exercise his right of withdrawal, he must provide Ruperossa di Dongarrà Giuseppe, by accessing the “contacts” section, or via the e-mail address specified above, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement by the Supplier.
However, as required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Supplier may suspend the reimbursement until receipt of the goods or until the Customer demonstrates that he has returned the goods to the Supplier .
13.7 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 mutual obligations, without prejudice to the provisions of the previous points of this article.
14) CAUSES FOR RESOLUTION
14.1 The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
15.1 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. 196.
15.2 The personal and fiscal data acquired directly and / or through third parties by the Supplier Ruperossa di Dongarrà Giuseppe, data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activate 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 effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree No. 196/2003).
15.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, or 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.
15.4 Personal data will be communicated, after signing a confidentiality commitment 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 Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely:
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 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 as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this requirement proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party 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 carrying out market research or commercial communication.
15.6 The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
15.7 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, their removal will take place safely.
15.8 The owner of the collection and processing of personal data is the Supplier, to whom the buyer can direct any request to the company headquarters.
15.9 Anything sent to the e-mail address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, 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 held responsible for the content of the messages themselves.
16) ARCHIVING METHOD OF THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer 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.
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: Ruperossa di Dongarrà Giuseppe, with registered office in Via Campania 7, 90024 Gangi (PA) or by e-mail to the e-mail info @ ruperossa.it . The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
18) COMPOSITION OF DISPUTES
18.1 For all disputes arising from this contract it will be possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010.
18.2 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, 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 herein, the provisions of law applicable to the relationships and cases envisaged in this contract are valid, and in particular art. 5 of the Rome Convention of 1980.
19.3 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.
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.