ODR (online dispute resolution for consumers)
The consumer living in Europe must be aware that the European Commission has set up an online platform providing an alternative dispute resolution tool. This instrument may be used by the European consumer to resolve, in a non-judicial way, any dispute relating to and/or arising from contracts for the sale of goods and services entered into the network. As a result, if you are a European consumer, you can use this platform to resolve any emerging disputes from the online contract stipulated with the proprietor. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Contract-type for the online sale of consumer goods
The goods covered by these general conditions are offered for sale by Agricura di Andrea Gamal with headquarters/branch in Gonnosfanadiga (VS), via Cadumbu N. 13, registered in the Chamber of Commerce of Cagliari at N.CA-279106 of the Register of companies, Fiscal code GHNNDR73L01B354V, VAT 03536410925
Hereinafter referred to as “vendor”.
1.1. The term “on-line sales contract” means the contract of sale on the material movable property of the supplier, concluded between them and the purchaser within a distance selling system by means of telematic instruments, organized by the supplier.
1.2. The term “buyer” means the consumer who makes the purchase, as referred to in this contract, for purposes which are not related to the commercial or professional activity which may be carried out.
1.3. The term “supplier” means the person indicated in the epigraph or the subject provider of the information services.
Subject of the contract
2.1. With this contract, respectively, the supplier sells and the purchaser buys at a distance via telematic instruments The tangible movable property indicated and offered for sale on the site wwwbottega.agricura.it
2.2. The products listed in the previous section are illustrated on the Web page: www.bottega.agricura.it
How to stipulate the contract
3.1. The contract between the supplier and the buyer is concluded exclusively through the Internet through the access of the buyer to the address wwwbottega.agricura.it, where, following the procedures indicated, the buyer will arrive to formalize the proposal For the purchase of the goods the contract for the purchase of the goods referred to in paragraph 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase agreement is concluded by the exact completion of the application form and the consent to the purchase expressed through the accession sent on line or by the compilation of the form/form attached to the electronic catalogue on line at Www.bottega.agricura.it/cassa and the subsequent submission of the form/module itself, always after viewing a Web page of the order summary, printable, in which the details of the originator and the order are reported, the price of the good Purchased, shipping costs and any additional ancillary charges, modalities and terms of payment, the address where the asset will be delivered, the time of delivery 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 the display of a printable confirmation and summary Web page, in which the data mentioned in the Previous point.
4.3. The contract is not considered to be perfected and effective between the parties at fault of the previous point.
Methods of payment and reimbursement
5.1. Any payment by the buyer can only be done by means of one of the methods indicated on the Web page by the supplier.
5.2. Any eventual 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 art. 13, point 2 and SS. Of this agreement, at most within 30 days from the date on which the supplier became aware of the withdrawal.
5.3. All communications related to payments take place on a special line of the supplier protected by the 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 discipline regarding the protection of personal data.
Time and mode of delivery
6.1. The supplier will deliver the selected and ordered products, with the modalities 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. The time of shipment may vary from the same day of the order to a maximum of 10 working days from the confirmation of the same. In the event that the supplier is unable to carry out the shipment within this period but, however, within that indicated in the following point, it will be given timely notice by e-mail to the purchaser.
6.3. The modalities, the timing and the shipping costs are clearly indicated and well marked at the address Www.bottega.agricura.it/modalitàcostitempiordini.
7.1. All the sales prices of the products displayed and indicated on the Internet site Www.bottega.agricura.it/shop are expressed in euro and are offered to the public according to art. 1336 C.C.
7.2. The sales prices referred to in the above point are inclusive of VAT and any other tax. 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 process before the order is forwarded by the purchaser and also contained in the Summary Web page of the order made.
7.3. The prices indicated on 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 through the telematic system used the processing and execution of orders without delay. For this purpose it indicates in real time, in its electronic catalogue, the number of products available and those not available, and the time of shipment.
8.2. Should an order exceed the existing quantity in the warehouse, the supplier, by e-mail, will make known to the buyer if the asset is no longer bookable or what are the waiting times to obtain the good chosen, asking if he wishes to confirm The order or not.
8.3. The supplier’s computer system confirms as soon as possible the registration of the order by submitting to the user a confirmation by e-mail, in accordance with point 4.2.
Limitation of liability
9.1. The supplier assumes no liability for disservices due to force majeure if he fails to execute the order within the time required by the contract.
9.2. The Supplier shall not be liable to the purchaser, except in the case of wilful or gross negligence, for malfunctions or failures connected with the use of the Internet outside of its own control or its subcontractors.
9.3. The supplier shall also not be liable for damages, losses and costs incurred by the purchaser as a result of the non-execution of the contract for reasons not attributable to him, having the purchaser entitled 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, credit cards, cheques and other means of payment, for the 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. In no event shall the purchaser be liable for delays or misguides in the payment if it proves that it has made the payment in the time and manner indicated by the supplier.
Liability by defect, proof of damage and damages: the obligations of the supplier
10.1. According to the arts. 114 and SS. Of the Code of consumption, the supplier is responsible for the damage caused by defects of the goods sold if fails to communicate to the damaged, within the period of 3 months from the request, the identity and the domicile of the producer or the person who supplied the property.
10.2. The said request, by the injured party, must be made in writing and must indicate the product which caused the damage, the place and the date of the purchase; It must also contain the offer in view of the product, if it still exists.
10.3. The supplier shall not be held responsible for the consequences of 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 the knowledge Scientific and technical, at the time when the producer 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 damaged has been aware of the defect of the product and the danger that it caused and nevertheless has voluntarily exposed.
10.5. In any case the damaged will have to 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 normally intended for private use or consumption and thus Mainly used by the damaged.
10.7. The damage to things referred to in art. 123 of the consumer code will, however, be compensated only to the extent exceeding the sum of Euro Trecentottantasette (€387).
Guarantees and Support methods
11.1. The Supplier shall answer for any defect of conformity which may be manifested within the period of 2 years after the delivery of the goods.
11.2. For the purposes of this contract, consumer goods shall be presumed to comply with the contract if, where relevant, the following circumstances coexist: (a) They are suitable for the use to which goods of the same type are habitually used; b) conform to the description made 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 an asset of the same type, which the consumer may reasonably expect, taking into account the nature of the asset and, where appropriate, public statements on the specific characteristics of goods made to In respect of the seller, the producer or his agent or representative, in particular advertising or labelling; D) are also suitable for the particular use desired by the consumer and which has been
Brought to the seller’s knowledge at the time of conclusion of the contract and that the seller has also accepted for conclusive facts.
11.3. The buyer shall lapse from all rights if he does not denounce to the seller the defect of conformity within the period of 2 months from the date on which the defect has been discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any event, unless otherwise stated, it is assumed that the defects of conformity occurring within 6 months of the delivery of the goods already existed on that date, except that this hypothesis is incompatible with the nature of the asset or the nature of the defect of conformity.
11.5. In the event of a defect of conformity, the buyer may request, alternatively and without charge, under the following conditions, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this agreement, Unless the request is objectively impossible to satisfy or is for the supplier excessively onerous within the meaning of art. 130, paragraph 4, of the consumer code.
11.6. The request must be made in written form, by registered letter to the supplier, who will indicate his willingness to give course to the request, or the reasons that prevent him to do so, within 7 working days of the receipt.
In the same communication, where the supplier has accepted the request of the purchaser, he shall indicate the method of dispatch or return of the goods and the time limit for the return or replacement of the defective goods.
11.7. Where repair and replacement are impossible or excessively onerous, or the supplier has not repaired or replaced the goods within the time limit referred to in the preceding paragraph, or, finally, the replacement or repair Previously carried out have caused considerable inconvenience to the buyer, he may ask, at his choice, a fair price reduction or the resolution of the
Contract. In this case, the buyer must send his request to the supplier, who will indicate his willingness to give course to the same, or the reasons that prevent him from doing so, within 7 working days of the receipt.
11.8. In the same communication, where the supplier has accepted the request of the buyer, it must indicate the reduction of the proposed price or the modalities for returning the defective goods. In such cases, the buyer’s burden shall indicate the modalities for the re-crediting of the sums previously paid to the supplier.
Obligations of the buyer
12.1. The buyer agrees to pay the price of the goods purchased in the time and manner indicated by the contract.
12.2. The buyer undertakes, once the online purchase procedure has been completed, to provide for the printing and preservation of this agreement.
12.3. The information contained in this agreement has been, however, already reviewed and accepted by the purchaser, which gives notice, since this step is made compulsory before the purchase confirmation.
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 period of 14 (fourteen) working days, from the day of receipt of the purchased goods.
13.2. In the event that the trader has not fulfilled the obligations of information on the existence, modalities and times of return or withdrawal of the asset in case of exercise of the right of withdrawal referred to in art. 52 of the consumer code, the time limit for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and shall run from the date of receipt of the goods by the consumer.
13.3. If the buyer decides to make use of the right of withdrawal, it must notify the seller by means of registered letter Address via Cadumbu 13 09035 Gonnosfanadiga (VS) or by e-mail to the email@example.com e-mail, provided that such communications are confirmed by the sending of registered letter At the address Via Cadumbu 13 09035 Gonnosfanadiga (VS) by 48 (Forty-eight) hours later. The stamp affixed by the Post Office on the receipt issued shall be authentic between the parties. For the purposes of exercising the right of withdrawal, the dispatch of the notice may be validly replaced by the refund of the goods purchased, provided in the same terms. The date of delivery to the post office or to the shipper will be faith between the parties.
13.4. The return of the goods must, however, 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 the full refund of the price paid, the asset must be returned intact and, however, in normal state of preservation.
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 custom-made or clearly customized goods or which, by their nature, They may not be sent back or are likely to deteriorate or change rapidly, supplying newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the trader is unable to control and in Any other case provided by art. 55 of the consumption code.
13.6. The only expenses payable 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 Accollarsele.
13.7. The supplier will provide free of charge for reimbursement of the entire amount paid by the buyer 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 right of withdrawal, the parties to this Agreement shall be dissolved by mutual obligations, subject to the foregoing of the foregoing points of this article.
Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the purchaser, and the guarantee of the good end of the payment which the purchaser makes with the means referred to in point 5.1, and also the exact fulfilment of the supplier’s obligations under point 6, shall be characterised Essential, so that, by express agreement, the failure to fulfil one of those obligations, if not determined by accident or force majeure, will result in the termination of the contract under art. 1456 C.C., without the need for judicial pronouncement.
Protection of confidentiality and processing of buyer data
15.1. The supplier protects the privacy of its customers and guarantees that the processing of the data is in accordance with the provisions of the privacy laws of D. LGs. 30 June 2003, N. 1961.
15.2. Personal data and tax acquired directly and/or through third parties by the Agricura supplier of Andrea Gamal, owner of the treatment, are collected and processed in paper, data processing, telematics, in relation to the modalities of treatment with the Purpose of registering the order and to activate the procedures for the execution of this Agreement and the relevant communications, in addition to the fulfilment of any legal obligations, and to enable effective management of Business relations to the extent necessary to perform the best service required (art. 24, paragraph 1, read. B, D. LGs. 196/2003) 2.
15.3. The supplier is obligated to deal confidentially with the data and information transmitted by the buyer 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 only be performed at the request of the judicial authority or other authorised law enforcement authorities.
15.4. The personal data will be communicated, after underwriting a commitment of confidentiality of the data, only to subjects delegated to the fulfilment of the activities necessary for the execution of the contract stipulated and communicated exclusively within the framework of that Purpose.
15.5. The buyer enjoys the rights set out in art. 7 of D. LGs. 196/2003, namely the right to obtain:
A) The updating, rectification or, when interested, the integration of data;
(b) The deletion, anonymous processing or blocking of data treated in violation of law, including those which are not required to be retained in relation to the purposes for which the data were collected or subsequently processed;
(c) The attestation that the transactions referred to in (a)) and (b)) have been brought to the knowledge, even with regard to their content, of those to whom the data have been communicated or circulated, except the case in which such fulfilment is impossible or involves A use of means manifestly disproportionate to the protected right. The person concerned shall also have the right to oppose, in whole or in part: I, for legitimate reasons for the processing of personal data concerning him, albeit relevant to the purpose of the collection; II) The processing of personal data relating to it for the purposes of sending advertising material or direct sales or for the completion of market research or commercial communication.
15.6. The communication of your personal data by the buyer is a necessary condition for the correct and timely execution of this agreement. At fault, it cannot be given to the buyer’s request.
15.7. In any event, the data acquired will be retained for a period of time not exceeding that required for the purposes for which they were collected or subsequently processed. Their removal will still be safe.
15.8. The owner of the collection and processing of personal data is the supplier, to whom the buyer can direct, at the company headquarters, any richiesta3.
15.9. All that should reach the email address (also electronic) of the Centre (requests, suggestions, ideas, information, materials, etc.) will not be considered as information or confidential data, should not violate other’s rights and must contain Valid information, not detrimental of other and truthful rights, in any case can not be attributed to the responsibility center on the content of the messages themselves.
How to store the contract
16.1. According to art. 12 of D. LGs. 70/2003, the supplier shall inform the buyer that any order sent is stored in digital/paper form on the server/at the supplier’s premises according to confidentiality and security criteria.
Communications and complaints
17.1. Written communications directed to the supplier and any complaints will be deemed valid only if they are sent to the following address: Via Cadumbu 13 09035 Gonnosfanadiga (VS), or sent by e-mail to the following address firstname.lastname@example.org. The purchaser shall indicate in the registration form its residence or domicile, the telephone number or e-mail address to which the supplier’s communications are sent.
Settlement of disputes
18.1. All disputes arising from this agreement will be deferred to the Chamber of Commerce of Cagliari and resolved according to the conciliation regulation by the same adopted.
18.2. If the parties wish to refer to the ordinary judicial authority, the competent court shall be that of the place of residence or of the elective domicile of the consumer, which cannot be waived in accordance with art. 33, paragraph 2, read. u) of D. LGs. 206/2005.
Applicable law and referral
19.1. This agreement is governed by Italian law.
19.2. As far as this is not expressly provided, the rules of law applicable to the reports and cases provided for in this Agreement shall apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. According to art. 60 of D. LGs. 206/2005, the discipline contained in part III, Title III, chapter I of the D. LGS is hereby expressly referred to. 206/2005.
This agreement repeals and replaces any agreement, arrangement, negotiation, written or oral, previously intervened between the parties and concerning the subject matter of this agreement.
1 prescriptions of the privacy guarantor – art. 154, 1 c) of D. LGs. 196/2003 – Simplifications of certain obligations in the public and private sector in relation to treatments for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, N. 152.
2 general measure of the guarantor for the protection of Personal data the 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.
3. “Unless the undertaking has been appointed by a person responsible in Mr. __________”.