General conditions for the online sale of consumer goods (B2C)
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out.
Supplier identification
The goods subject matter of the present general conditions are offered for sale by Tenuta Micoli S.r.l. with registered office in Italy, via XXIV Maggio snc Loc. Guastameroli, 66030 Frisa (CH), registered at the Chieti Chamber of Commerce, company registration number: 02696470695, tax code: 02696470695 VAT number: 02696470695
hereinafter referred to as “Supplier”.
Article 1
Definitions
1.1. The term “online sales contract”, means the sale and purchase contract related to the Supplier’s tangible movable goods named “products”, stipulated between the Supplier and the Buyer within a remote sales system through telematic tools, organized by the Supplier.
1.2. The term “Buyer” means the consumer natural person who makes the purchase, as referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term “Supplier” means the party indicated in the epigraph or the party providing information services.
Article 2
Subject matter of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases the products indicated and offered for sale on the web page https://shop.tenutamicoli.it/ remotely through telematic tools.
2.2. The products referred to in the preceding point are illustrated on the web page https://shop.tenutamicoli.it/ in section/products area
Article 3
Entering into the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the web page https://shop.tenutamicoli.it/ where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 2.1 of the preceding Article.
Article 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact completion of the request form and the consent to the purchase expressed through the adhesion sent on line or with the completion of the form attached to the on line electronic catalog on the web page https://shop.tenutamicoli.it/ orders section.
Prior to submission, a printable order summary web page will be displayed, showing the details of the Buyer and the order, the price of the purchased goods, the shipping costs and any additional accessory charges, the methods and the terms of payment, the address where the goods shall be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, they shall send a confirmation e-mail or display a printable order confirmation and summary web page, which also contains the data referred to in the preceding point.
4.3. The contract shall be considered finalized and effective between the parties only upon completion of the entire ordering and confirmation procedure according to the steps of the preceding points and verification of the payment commitment on the payment method chosen by the Buyer.
Article 5
Payment and refund methods
5.1. Any payment by the Buyer may only be made by one of the methods indicated by the Supplier on the appropriate web page payment methods or payment tools section.
5.2. Any refund to the Buyer shall be credited through one of the methods indicated 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 Article 13, point 2 and following of this contract, within 30 days starting from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments shall 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 the current regulations on the protection of personal data. The terms of the security level are indicated in the appropriate privacy section.
Article 6
Delivery times and methods
6.1. The Supplier shall 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 Article 4 or in the order confirmation made available on the website as per Article 4.
6.2. Shipping times may vary from the day of the order to a maximum of 3 working days of its confirmation. In the event that the Supplier is unable to dispatch the goods 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, time and costs are clearly indicated and well highlighted at https://shop.tenutamicoli.it/ for delivery.
Article 7
Prices
7.1. All sales prices of the products displayed and indicated on the web page https://shop.tenutamicoli.it/ products section are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.
7.2. The sales prices, referred to in the preceding point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if any, 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 included on the web page summary of the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in products section.
Article 8
Product Availability
8.1. The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. To this end, they indicate in real time in their electronic catalog the number of available and unavailable products, as well as the shipping times.
8.2. If an order exceeds the quantity in stock, the Supplier will inform the Buyer by e-mail whether the goods are no longer bookable or what are the waiting times to obtain the chosen goods, asking whether they intend to confirm the order or not.
8.3. The Supplier’s computer system shall confirm in the shortest possible time that the order has been registered by sending an e-mail confirmation to the User, pursuant to point 4.2.
Article 9
Limitation of liability
9.1. The Supplier assumes no liability for disservices attributable to force majeure in the event that they fail to execute the order within the times indicated in the contract.
9.2. The Supplier shall not be held liable to the Buyer, except in case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside their control or that of their sub-suppliers.
9.3. Furthermore, the Supplier shall 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 them, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred.
9.4. The Supplier assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other methods of payment, for the payment of products purchased, if they prove that they have taken all possible precautions according to the latest scientific and technical standards.
9.5. Under no circumstances shall the Buyer be held liable for delays or errors in payment if they prove that they have made the payment in the times and methods indicated by the Supplier.
Article 10
Liability for defects, proof of damage and compensable damages: obligations of the Supplier
10.1. Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier shall be liable for the damage caused by defects in the goods sold if they fail to notify the Injured Party of the identity and domicile of the producer or the person who supplied them with the goods within 3 months of the request.
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 an offer to view the product, if it still exists.
10.3. The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the scientific and technical standards, at the time when the producer put the product on the market, did not yet allow the product to be considered defective.
10.4. No compensation shall be due if the Injured Party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed themselves to it.
10.5. In any case, the Injured Party shall prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The Injured Party may claim damages 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 so primarily used by the Injured Party.
10.7. Damage to property referred to in Article 123 of the Consumer Code shall, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387,00).
Article 11
Guarantees and methods of assistance
11.1. The Supplier shall be 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 relevant, the following circumstances coexist: (a) they are suitable for the use for which goods of the same type are normally used; (b) they 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) they present the usual quality and performance of goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, the producer or their agent or representative, in particular in advertising or labeling; (d) they are also suitable for the particular use intended by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the Seller has also accepted as conclusive.
11.3. The Buyer shall lose all rights if he fails to report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. Reporting is not necessary if the Seller has acknowledged the existence of the defect or 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 existed at the time of delivery, unless such assumption is incompatible with the nature of the goods or the nature of the defect of conformity.
11.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of 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 expensive for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code.
11.6. The request must be made in writing, by certified mail with return receipt, to the Supplier, who will indicate their willingness to carry out the request, or the reasons preventing them from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer’s request, they shall 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 repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the deadline referred to in the preceding point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at their choice, an appropriate price reduction or termination of the contract. In this case, the Buyer shall send their request to the Supplier, who shall indicate their willingness to carry it out, or the reasons preventing them from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer’s request, the Supplier shall indicate the price reduction offered or the methods for returning the defective goods. In such cases it shall be the Buyer’s responsibility to indicate how to re-credit the sums previously paid to the Supplier.
Article 12
Obligations of the Buyer
12.1. The Buyer agrees to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. The Buyer agrees, upon completion of the online purchase procedure, to print and store this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory prior to confirming the purchase.
Article 13
Right of withdrawal
13.1. The Buyer has, in any case, the right to withdraw from the stipulated contract, without penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the professional has not fulfilled their obligations to provide information on the existence, methods and times of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in Article 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
13.3. In the event that the Buyer decides to exercise the right of withdrawal, they must notify the Seller by certified mail with return receipt to the address via XXIV Maggio snc Loc. Guastameroli, 66030 Frisa (CH) by e-mail at tenutamicoli@gmail.com, provided that such communications are confirmed by sending a certified mail with return recept within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued shall be valid between the Parties. For the purposes of exercising the right of withdrawal, sending the notice may be validly replaced by the return of the the purchased goods, provided that it is within the same terms. The date of delivery to the post office or forwarding agent shall be valid between the Parties.
13.4. In any event, the return of the goods must take place no later than 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 the right of withdrawal for purchase contracts of audiovisual products or sealed computer software, which have been opened by the Buyer, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to be deteriorating or expiring rapidly, 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 provided for in Article 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this Article shall be the direct costs for returning the goods to the Supplier, unless the Supplier agrees to pay for them.
13.7. The Supplier shall refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. With the receipt of the notice with which the Buyer 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.
Article 14
Causes for 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 methods referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express contract, the non-fulfillment of only one of these obligations, where not determined by chance or force majeure, shall result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial pronouncement.
Article 15
Confidentiality and Buyer Data Protection Policy
15.1. The Supplier protects the privacy of their customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree No. 196 of June 30, 2003 [1].
15.2. Personal data and and tax data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, computer, telematic form, in relation to the processing methods with the purpose of registering the order and activating in its regard the procedures for the execution of this contract and the 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 service requested (Article 24, paragraph 1, lett. b, Legislative Decree 196/2003)[2].
15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer 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 produced only at the request of 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 parties delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within this purpose.
15.5. The Buyer have the rights referred to in Article 7 of Legislative Decree 196/2003, namely the right to obtain:
- the updating, rectification or, when interested, the integration of data;
- the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data that do not need to be stored in relation to the purposes for which the data were collected or subsequently processed;
- certification to the effect that the operations as per letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disseminated, unless 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 them, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning them 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 proper and timely execution of this contract. Failing this, the Buyer’s request cannot be processed.
15.7. In any case, the data acquired will be stored 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 may address any request at the company headquarters.
15.9. Anything sent to the Center’s mail address (including electronic mail) such as requests, suggestions, ideas, information, materials, etc. shall not be considered information or data of confidential nature, shall not violate the rights of others, and shall contain valid information, not detrimental to the rights of others and truthful; in any case, no responsibility may be attributed to the Center for the content of the messages.
Article 16
Method of archiving the contract
16.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server at the Supplier’s headquarters according to criteria of confidentiality and security.
Article 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: Via XXIV Maggio snc loc. Guastameroli 66030 FRISA (CH), or by e-mail to the following address tenutamicoli@gmail.com. The Buyer shall indicate in the registration form their residence or domicile, the telephone number or the e-mail address to which he wishes communications from the Supplier to be sent.
Article 18
Dispute settlement
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, which is mandatory pursuant to Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Article 19
Applicable law and reference
19.1. This contract is governed by the laws of Italy.
19.2. For all that is not expressly provided herein, the provisions of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.
19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herein.
Article 20
Final Clause
This contract repleals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject matter of this contract.
The Supplier shall have the right to amend these general conditions. In case of amendment, the new version will be considered as effective and accepted with the publication in the appropriate section of the digital commerce platform consisting of the Supplier’s website.
[1] Requirements of the Privacy Guarantor – Article 154, 1 c) of Legislative Decree 196/2003 – Simplification of certain public and private obligatios with respect to processing for administrative and accounting purposes of June 19, 2008, published in the Official Gazette July 1, 2008, No. 152.
[2] General provision of the Guarantor for the Protection of Personal Data Practical Guide of simplification provisions for small and medium-sized enterprises of May 24, 2007, published in the Official Gazette June 21, 2007, No. 142.