TERMS AND CONDITIONS
The Buyer Consumer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Arteca of Catuogno Giuseppina
The goods covered by these general conditions are offered for sale by Catuogno Giuseppina with headquarters in Giugliano in Campania in the province of Naples in via Staffetta, 203, registered with the Naples Chamber of Commerce in the REA Company Register pending, VAT number 09244021219 indicated below as "Supplier".
1.1. The expression "online sales contract" means the sales contract relating to the Supplier's tangible movable property, entered into between the Supplier and the Consumer Purchaser as part of a distance selling system using telematic tools, organized by the Supplier.
1.2. The expression "Consumer Buyer" means the natural person consumer who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. The "Business Buyer" is different, who makes purchases on behalf of any commercial or professional activity carried out.
1.3. The term "Supplier" means the subject indicated in the epigraph or the subject providing the information services.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Consumer Purchaser remotely purchases the movable tangible goods indicated and offered for sale on the website https://www.arteca.it/shop/
2.2. The products referred to in the previous point are illustrated on the web page: https://www.arteca.it/shop/
Method of signing the contract
3.1. The contract between the Supplier and the consumer Purchaser is concluded exclusively through the Internet by accessing the consumer Purchaser at the address https://www.arteca.it/shop/, where, following the procedures indicated, the The consumer 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 2.1 of the previous article.
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 membership sent online or by filling in the form/module attached to the online electronic catalog at the address http:// www. arteca.it/shop/ and the subsequent sending of the form/module itself, always after viewing a printable order summary web page, which shows the details of the originator and the order, the price of the goods purchased , shipping costs and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Consumer Purchaser, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled 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.
Methods of payment and reimbursement
5.1. Each payment by the consumer Purchaser can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2. Any refund to the Consumer Purchaser will be credited using one of the methods proposed by the Supplier and chosen by the Consumer 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, 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.
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Consumer 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
6.2. Shipping times may vary from the day of the order to a maximum of 7 working days from confirmation of the same. In the event that the Supplier is unable to carry out the shipment within said term but,
6.3. The methods, times and shipping costs are clearly indicated and well highlighted at the address http://www. arteca.it/shop/
7.1. All sales prices of the products displayed and indicated on the website http://www. arteca.it/shop/ are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the 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 (e.g. 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 consumer 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.
Availability of products
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 Consumer 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.
Limitations of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held responsible towards the Consumer 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 subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Consumer Purchaser following the non-performance of the contract for reasons not attributable to him, since the Consumer Purchaser is only entitled to the full refund of the price paid and any charges supported accessories.
9.4. 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 purchased, if it demonstrates that it has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no event can the Consumer 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.
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 3 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 Damaged 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 moment in which 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 person was aware of the defect in the product and of the danger deriving from it 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 ofArticle 11
Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within 2 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 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 appropriate, the public statements 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 was made by them
brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has accepted also for conclusive facts.
11.3. The Consumer Purchaser loses all rights 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 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 which 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 compliance.
11.5. In the event of a lack of conformity, the Consumer Purchaser may request, alternatively and without charge, under the conditions indicated below, for 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 7 working days of receipt.
In the same communication, if the Supplier has accepted the request of the Consumer Purchaser, 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 term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer consumer, the latter may request, at his choice, an appropriate reduction in the price or the resolution of the
contract. In this case, the Consumer 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 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the request of the Consumer Purchaser, 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 the methods for re-crediting the sums previously paid to the Supplier.
Obligations of the Consumer Purchaser
12.1. The Consumer Purchaser undertakes to pay the price of the purchased good in the times and ways indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Consumer 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 Consumer Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Right of withdrawal
13.1. In any case, the Consumer 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 term for the exerciseperiod of the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
13.3. If the consumer Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt. at the address Via Staffetta ,203 Giugliano in Campania (NA) or by e-mail to email@example.com provided that such communications are confirmed by sending a registered letter with return receipt. at the address in Via staffetta, 203 Giugliano in Campania (NA) within the following 48 (forty-eight) hours. The stamp affixed by the post office on the
receipt issued. 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 Consumer Purchaser cannot exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or 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 sent back or are likely to deteriorate or expire rapidly, 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 envisaged by art . 55 of the Consumer Code.
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 Consumer 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.
Reasons for termination
14.1. The obligations referred to in point 12.1, assumed by the consumer Purchaser, as well as the guarantee of the successful completion of the payment that the consumer 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, are of an essential nature, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
Protection of the confidentiality and processing of data of the Consumer Purchaser
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. 196 *
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 its compare 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 relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b, Legislative Decree 196/2003) **
15.3. The Supplier undertakes to treat the data and information transmitted by the Consumer Purchaser confidentially and not to disclose 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. Such data may be disclosed only upon request by the Judicial Authority or 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 Consumer Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:
a) updating, rectification or, when vi have interest, data integration;
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: 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 material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Consumer Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the request of the Buyer/consumer 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 be done in a safe way.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Consumer Purchaser can address any request at the company headquarters ***
15.9. Anything sent to the Center'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 the Center cannot be held responsible for the content of the messages themselves.
How to store the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Consumer 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.
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: Catuogno Giuseppina Via Staffetta, 203 cap 80014 Giugliano in Campania (NA) or sent by e-mail to the following address firstname.lastname@example.org. The consumer Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Naples 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, lett. u) of Legislative Decree 206/2005.
Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases set forth in this contract apply, 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.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.
I ACCEPT THE ABOVE CONDITIONS
*Requirements of the Privacy Guarantor – art. 154, 1 c) of Legislative Decree 196/2003 – 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.
** 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.
*** "Unless a manager has been appointed by the Company in the