The goods covered by these general conditions are put up for sale by BACCHIELLI ANDREA Via Giolitti, 47 61122 Pesaro PU VAT number 01160740419 hereinafter referred to as "Supplier".
Art. 1 Definitions
1.1. The expression "online sales contract" means the contract of sale relating to the supplier's tangible movable property, stipulated between the latter and the Buyer as part of a distance selling system through telematic tools, organized by the Supplier.
1.2. The expression "Buyer" means the consumer, the natural person who makes the purchase, referred to in this contract, 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 subject providing information services.
Art. 2 Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely through telematic tools the tangible movable goods indicated and offered for sale on the website andreabiancheria.it
2.2. The products referred to in the previous point are shown on the web page: andreabiancheria.it
Art. 3 Methods of stipulation of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the Buyer's access to the address andreabiancheria.it, where, following the procedures indicated, 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 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by filling in the request form and consent to the purchase expressed through the adhesion sent online or by filling in the form / form attached to the online electronic catalog at the address www.andreabiancheria.it/prodotti/ordine and the subsequent sending of the form / form itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the goods purchased, shipping costs and any additional ancillary charges, 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 Buyer, he sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also shows the data referred to in the previous point.
4.3. The contract shall not be deemed to have been completed and effective between the parties in default of what is indicated in the previous point.
Art. 5 Methods of payment, return and refund
5.1. Any payment by the Buyer may only be made by means of PayPal, credit card via Stripe wallet, advance bank transfer and cash on delivery. In the case of a business customer or retailer, payment can be made through bank receipts or planned transfers.
5.2. Any refund to the Buyer will be credited through one of the methods used for payment, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et ss. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.
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 accordance with the provisions of the current regulations on the protection of personal data.
Art. 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
6.2. Shipping times may vary from the day of the order to a maximum of 21 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within this period but, in any case, within that indicated in the following point, timely notice will be given by e-mail to the Buyer.
6.3. Shipping costs are free of charge for all products unless otherwise indicated on the product.
Art. 7 Prices
7.1. All the selling prices of the products displayed and indicated on the website www.andreabiancheria.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The selling prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Buyer and also contained in the web page summarizing the order placed.
7.3. The prices indicated at each of the goods offered to the public shall be valid until they are revised.
7.4. In the case of business customers, the prices indicated after accessing their reserved area are indicated excluding VAT, the calculation of taxes will be performed during the completion of the order before making the payment.
Art. 8 Availability of products
8.1. The Supplier ensures through the telematic 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 products available and those not available, as well as shipping times.
8.2. If an order should exceed the existing quantity in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods are 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 as soon as possible the registration of the order by forwarding a confirmation to the User by e-mail, pursuant to point 4.2.
8.4. In case of lack of a product due to warehouse errors, the Supplier reserves the right to cancel the order by refunding the customer within 5 working days.
Art. 9 Limitations of Liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure if he fails to execute the order within the time provided for in the contract.
9.2. The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its own control or that of its subcontractors.
9.3. The Supplier will also not be liable for damages, losses and costs suffered 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 the full refund of the price paid and any ancillary charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the products purchased, if he proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Buyer be held responsible for delays or misunderstandings in payment if he proves to have made the payment itself in the times and ways indicated by the Supplier.
Art. 10 Liability for defect, proof of damage and damages that can be compensated.
10.1. Pursuant to articles. 114 et ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he omitted to communicate to the Injured Party, within 3 months of the request, the identity and domicile of the manufacturer or 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 in vision of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the Injured Party has been aware of the defect of the product and the danger that resulted from it and nevertheless has voluntarily exposed himself to it.
10.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Injured Person may claim 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 of a type normally intended for private use or consumption and thus mainly used by the Injured Person.
Art. 11 Warranties and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years from the delivery of the goods (1 year for purchases with invoice).
11.2. For the purposes of this contract, consumer goods shall be presumed to be in conformity 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) comply with 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 goods and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the Consumer and that has been brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has also accepted for conclusive facts.
11.3. The Buyer forfeitures any right if he does not report the lack of conformity to the Seller within 1 month from the date on which the defect was discovered. The complaint is not necessary if the Seller has recognized 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 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 lack of conformity.
11.5. In case of lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is 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 pec to the address firstname.lastname@example.org, 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 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 burdensome, 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 Buyer, the latter may request, at his choice, a reasonable reduction in the price or the termination of the contract. In this case, the Buyer 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 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the reduction of the proposed price or the methods of 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.
Art. 12 Obligations of the Buyer
12.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to provide for the printing and storage of this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 13 Right of withdrawal
13.1. The Buyer has in any case the right to withdraw from the contract stipulated, 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 goods.
13.2. In the event that the Buyer has not fulfilled the obligations of information on the existence, methods and times of return or withdrawal of the goods in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the term for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by certified e-mail to the bacchielli email@example.com. For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that they are within the same terms. The date of delivery to the post office or the shipper will prevail 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, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.5. The Buyer may not 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 are likely to deteriorate or deteriorate rapidly, the supply of newspapers , periodicals and magazines, as well as goods whose price is linked to fluctuations in the rates of the financial market that the trader is not able to control and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only expenses due by the Consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to take them on.
13.7. The Supplier will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are dissolved from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 14 Causes of termination
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 by the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, unless determined by unforeseeable circumstances or force majeure , will result in the termination of the contract pursuant to art. 1456 c.c., without the need for judicial pronouncement.
Art. 15 Protection of confidentiality and processing of 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 as described on page https://www.andreabiancheria.it/prodotti/it/content/6-privacy-cookies
Art. 16 Methods of storage 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 confidentiality and security criteria.
Art. 17 Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent by certified e-mail to the following bacchielli firstname.lastname@example.org. The Buyer indicates in the emai his residence or domicile, the telephone number or the e-mail address to which he wishes the communications of the Supplier to be sent.
Art. 18 Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Reggio Emilia and resolved according to the Conciliation Regulations 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 Legislative Decree. 206/2005.
18.3 The provider also provides the European Commission's Platform for dispute resolution: https://webgate.ec.europa.eu/odr
18.4 Information regarding the online resolution of disputes pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation): The European Commission assigns consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (https://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court agreements on disputes arising from online purchases and service contracts.
Art. 19 Applicable law and referral
19.1. This contract is governed by Italian law.
19.2. For what is not expressly provided for herein, the legal provisions applicable to the relationships and cases provided for 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 is expressly referred to here. 206/2005.
Art. 20 Final clause
This contract repeals and replaces all agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject matter of this contract. Information regarding the online resolution of disputes pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation): The European Commission assigns consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (https://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court agreements on disputes arising from online purchases and service contracts.