Contract for the On-Line Sale of Consumer Goods
The BUYER expressly declares that the goods bought under this agreement are for personal use, and are not bought for commercial or professional activities or purposes.
IDENTIFICATION OF THE SELLER
The goods subject to the general conditions of this agreement, are offered for sale by Calzaturificio Ena S.r.l., with principal offices in Via Teano, 34 – 63821 Porto S. Elpidio (FM), as listed at the Camera di Commercio di Fermo (Chamber of Commerce of Fermo), under the registration number 116413 in the Business Registry, with the financial registration number (codice fiscale) of 01152250443, with the tax identification code (IVA) of 01152250443, and will be referred to herein as the "SELLER".
- Objectives of the Contract
- Termination of the Contract
- Termination and Effectiveness of the Contract
- Method of Payment and Reimbursement
- Time and Method of Shipping and Delivery
- The Prices
- Availability of the Goods
- Limitation of Responsibility
- Buyer's Guarantees
- Buyer's Costs
- Right of Cancellation of Contract
- Conflict Resolution
- Protection of Confidentiality of BUYER'S Information
- Storing the Contract
- Notification of disputes
- Notification of Disputes
- Applicable Law and Court
- SELLER'S Rights Reserved - Authority of the Calzaturificio Ena S.r.l
- Industrial and Intellectual Property
- Final Clauses
1.1 The term "Contract of On- Line Sales " is intended to mean the contract to buy and sell material goods made by the SELLER and bought by the BUYER, at long distance, via the internet or other similar technology, set up by the SELLER for such purposes.
1.2 The term "BUYER" is intended to mean a consumer, a physical person who buys, according to this contract, certain goods described herein, for personal use, and not for commercial activity or professional use.
1.3 The term "SELLER" is intended to be the entity described above in the opening paragraph entitled Identification of the Seller.
2.1 With this contract, respectively, the SELLER sells and the BUYER buys, long distance, and using internet or other similar technology, the goods indicated and offered for sale at the site "www.lucaverdi.it".
3.1 The contract between the SELLER and the BUYER shall conclude exclusively through the internet as accessed by the BUYER at the site www.lucaverdi.it, and following the procedures indicated, after the BUYER formalizes the offer to buy the goods according to section 2.1 of this contract.
TERMINATION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is completed through the correct completion by the BUYER of the request form and the intent to buy as manifest by following the rules of on line membership as shown by correct completion of the form attached to the on -line "e-catalog" and the successive sending of the same form, with the BUYER always having the ability to preview the order on the web page, to see a printable summary of the order, and the buyer having seen the information and the order, including the price of the goods bought, the cost of shipping and delivery and any other applicable costs, having seen the approved method and terms of payment, the address where the goods are to be delivered, the time necessary for shipping and delivery and is aware of the rules for returning the goods.
4.2 When the SELLER receives the order from the BUYER, the SELLER will send an e-mail confirmation or will create a printable web page confirmation and summary of the order as described previously in this contract.
4.3 The contract will not be considered binding or effective between the parties, if any of the preceding requirements are not executed properly, are defective or incomplete.
METHOD OF PAYMENT AND REIMBURSEMENT
5.1 Payments by the BUYER are required to be made exclusively by one of the methods indicated on the internet web page of the SELLER.
5.2 Any refund will be credited to the BUYER by one of the methods proposed by the SELLER and chosen by the BUYER, in a timely manner, and in the case of exercising the right to cancel the order, as regulated by Article 13, paragraph 2 e. ss. of this agreement, no later than 30 days from the date when the SELLER has become aware of the exercise of this right of cancellation.
5.3 All communications regarding payments will be made on the SELLER's dedicated line, protected with encryption technology. The SELLER guarantees the storage of this information with an additional layer of encryption security, in accordance with the provisions of current laws regarding the protection of personal data.
TIME AND METHOD OF SHIPPING AND DELIVERY
6.1 The SELLER will deliver the goods selected and ordered, using the method chosen by the BUYER or indicated on the web-site page when the goods were offered for sale, and as stated in the email confirmation described previously in this agreement.6.2 The date of shipping may vary from the same day as the order was made, to a maximum of five (5) working days from the date of the confirmation of the order. In the event the SELLER is not able to ship the goods within that period, but is able to ship within one of the periods described in the following paragraphs, the SELLER will give timely notice of this information, via e-mail to the BUYER.
6.3 The method, time and cost of shipping will be clearly indicated on the website "www.lucaverdi.it".
6.4 If the delivery address indicated by the BUYER fails (for example, due to the unavailability of the BUYER at the address at the time of delivery or due to the unjustified refusal to accept delivery of the goods), the Calzaturificio Ena S.r.l reserves the right to charge the BUYER the cost of the shipping charges and the return shipping charges. These costs will be deducted from any refund that my be payable to the BUYER.
7.1 All of the purchase prices of the products displayed and indicated at the Internet web-site "www.lucaverdi.it" are expressed in EURO and such display constitutes an offer to the public as governed by Article 1336 c.c. .
7.2 The purchase prices referred to in the preceding paragraph 7.1, include VAT and any other taxes. Shipping costs and any additional charges (such as customs fees), if they apply, are not included in the sales price referenced previously. If they do apply, they will be calculated and indicated on the summary sheet according to the buying procedure, before shipping of the order.
7.3 The prices indicated with regard to each of the goods offered for sale to the public, are valid until the date indicated in the catalog.
AVAILABILITY OF THE GOODS
8.1 The SELLER will assure, through the use of it's electronic system, the processing and shipping of orders without delay. To facilitate this, the catalog shall reflect in real time, the availability of products and the shipping times.
8.2 Should an order exceed the quantity of goods that are available in the warehouse, the SELLER will notify the BUYER via e-mail whether the goods will be available or not, and the waiting time should the goods be available. The SELLER shall ask if the BUYER intends to confirm the order under these new conditions.
8.3 The SELLER will confirm via computer, as quickly as possible, having registered an order, and will forward an order confirmation by e-mail to the BUYER, in accordance with section 4.2 above.
LIMITATION OF RESPONSIBLITY
9.1 The seller will not assume any responsibility for lack of service caused by a "force majeure" , if in this case, they are not able to execute an order in the time anticipated in the contract.
9.2 The SELLER shall not be liable to the BUYER, except in the case of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet, when such outages or malfunctions are outside of the SELLER's control or control of it's subcontractors.
9.3 Any liability with regard to the proper charge of payments made according to the payment options available on www.lucaverdi.it, by bank transfer and the treatment of it's relative data (credit card), is exclusively the responsibility of the financial intermediary and/or the institution offering or in charge of the service (credit card, bank transfer, paypal, mark cash). The SELLER shall have no responsibility for misinformation or mistakes made by third parties.
9.4 The SELLER is not liable for any damages, losses or costs incurred as a result of the BUYER's failure to perform the contract for reasons not attributable to the SELLER. The BUYER may be only entitled to a refund of the price paid and any additional charges incurred as per this agreement.
9.5 The SELLER shall have no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, used for payment of the goods purchased, if such SELLER can demonstrate he took all reasonable precautions based on the best knowledge and experience available at the time of the misuse, and exercised ordinary diligence.
9.6 In no event shall the BUYER be liable for delays or mistakes in payment if he can show that he executed payment in the time and manner specified by the SELLER.
10.1 The goods sold by the Calzaturificio Ena S.r.l. are all Made in Italy and subject to careful inspection by the SELLER to reasonably eliminate almost all defects or faults in the goods.
10.2 In the event that the BUYER believes that the goods are spoiled , defective or do not conform with the goods offered for sale, the Calzaturificio Ena S.r.l. reserves the right to request photographs of the goods showing the alleged defects, for these goods which are claimed to be subject to the Italian Consumer Code (d. lgs n. 206/2005).
11.1 The BUYER is obligated to pay the cost of the goods bought in the time and manner indicated in the contract.
11.2 The BUYER is obligated, once the procedure for buying on-line is finished, to print and retain a copy of this contract.
11.3 The BUYER acknowledges that he has read and understands the provisions of this contract, and accepts the provisions prior to purchasing the goods.
RIGHT OF CANCELLATION OF CONTRACT
12.1 The buyer has the right to cancel the contract without penalty only in cases of obvious discrepancy between the order and the product shipped and specifying the reason within the term of three (3) working days following the date of receipt the purchased goods.
12.3 The returned goods must be received by the SELLER no later than ten (10) days from the date the goods were received by the BUYER. The BUYER shall have the right to be reimbursed for the full price paid only if the goods are returned complete, unused and in normal condition.
12.4 The BUYER cannot exercise the right to cancel the contract for goods that have been made to measure (custom goods) or personalized.
12.5 When exercising the right to cancel the contract, the BUYER shall only be obligated to pay the direct expenses necessary to return the goods to the SELLER, unless the return of the goods is justifiably rejected by the SELLER.
12.6 The SELLER will, without charge, refund the entire amount paid by the BUYER within thirty (30) days after receipt of notification of termination of the contract according to the exercise of the right to cancel.
12.7 Upon receipt by the SELLER of notice from the BUYER of his exercise of the right to cancel the contract, the Parties are released from their reciprocal obligations under the contract, except as provided in the sections of this article.
13.1 The BUYER's obligations referred to in article 12.1 and those regarding the obligation of payment using the means referred to in article 5.1, as well as the SELLER's exact fulfillment of the obligations referred to in article 6, are essential elements of this contract. By express agreement, should one of these elements fail to be executed properly, unless caused by unforeseeable circumstances or force majeure, the contract shall terminate pursuant to article 1456 of the Code of Contracts or Civil Code, without the necessity of judicial intervention or decision.
PROTECTION OF CONFIDENTIALITY OF BUYER'S INFORMATION
14.1 The SELLER shall protect the privacy of the BUYER and guarantee that the treatment of his data conforms to the requirements of the laws protecting privacy as stated in d. lgs. 30 giugno 2003, n. 196, as it may have been modified and amended.
14.2 The BUYER'S personal information, including fiscal information, whether acquired directly or from third parties by the Calzaturificio Ena S.r.l., the SELLER being responsible for the treatment of the information in it's possession, is collected and processed, in paper form ,electronic form and using computers, with the purpose to register the order and activate the process and procedures to execute this contract and any other relative necessary communications, as well as to assist in the fulfillment of any legal obligations, and to enable effective management of business relationships to the extent necessary to provide the best service as required under the law (article 24, paragraph 1, letter b, Legislative Decree no 196/2003).
14.3 The SELLER is obligated to treat as confidential data and information submitted by the BUYER, and may not disclose this information to unauthorized entities, or use them for purposes other than for those for which they were collected, or to send them to a third party. This information may be disclosed only upon Court order or for other lawful purposes.
14.4 Confidential information may be released by the SELLER upon written release of confidentiality executed by the BUYER, and such information released only for those purposes described in the release document and authorized by the BUYER.
14.5 The BUYER has the benefit of certain rights regarding the treatment of personal data, pursuant to article 7 del d. lgs. 196/2003, and included in these rights are:
a) the right to have his data updated, to have the data corrected, and when desired, to have the data integrated;
b) the right to have the data cancelled or transformed into an anonymous form, or to block the processing of the data in an unlawful manner including data that is not necessary to retain for the purposes for which it was collected or processed;
c) the right to obtain a certification from the SELLER stating that the requirements of section a and b of this article have been communicated , including the content of the requirements , to those to whom the data was communicated or disseminated, except where this requirement proves impossible or involves a commitment of resources manifestly disproportionate to the rights protected. The BUYER has the right to object, in whole or in part:
I) for legitimate reasons to the processing of personal data, including information pertinent for the purpose for which it was collected;
II) to the processing of personal data for the purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
14.6 The communication of personal data by the BUYER is a necessary condition for the correct and timely execution of this contract. If this information is incorrect, the SELLER will not be able to respond correctly to the BUYER's questions.
14.7 The information acquired will be retained for a period of time not more than that which is necessary considering the purposes for which it was collected or successively processed. All data deleted will be done so in a secure manner.
14.8 The SELLER is the responsible for the collection and treatment of personal data. The BUYER may forward all questions to the SELLER at the address of his principal offices.
14.9 Any communications sent to the email address of the SELLER (requests, suggestions, ideas, information, materials, etc) will not be considered confidential information or data, and must not violate the rights of others and must contain valid information that is true and not harmful to the rights of others. The SELLER shall have no responsibility with regard to the content of these messages sent by others and received by him.
15.1 Pursuant to Article 15.1 L2 of Legislative Decree no. 70/2003, the SELLER hereby informs the BUYER that every order sent is stored in digital or hard copy on the server at the offices of the SELLER, according to proper criteria to preserve them and keep them secure.
17.1 Any disputes arising from this contract will be referred to the Chamber of Commerce of the Fermo in Italy and resolved according to the Rules of Reconciliation adopted by such Chamber of Commerce.
17.2 Should the Parties wish to appeal to the ordinary judicial authority, the competent Court is that of the place of residence or domicile of choice of the SELLER.
APPLICABLE LAW AND COURT
18.1 This contract is governed by the Laws of Italy.
18.2 With regard to matters not expressly provided for, the rules of Law as apply to agreements and circumstances such as those provided for in this contract, and in particular Article 5 of the Rome Convention of 1980 shall apply.
18.3 This contract is subject to the requirements of Article 60 of Legislative Decree n. 206/2005, and in particular the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005 shall apply.
19.1 The Calzaturificio Ena S.r.l. reserves the right to deny the registration of a prospective BUYER or temporarily suspend, or block access permanently the the web site and their ability to place an order, including but not limited to revoking or disabling the account of any buyer that has been demonstrated to be unreliable, in breach of contract, or one who has not behaved in a lawful manner in the context of the site. The Calzaturificio Ena S.r.l. will exercise this right with good faith and in a reasonable manner.
20.1 The BUYER acknowledges that the trademarks, logos, content, information, programs, layout, text, images, photographs (including in particular, those of the products worn by the models), video and databases used by the Calzaturificio Ena S.r.l., as well as any technical work, creative work, creative content used by the Calzaturificio Ena S.r.l. on the web site are considered protected industrial or intellectual property, and are exclusively owned by the Calzaturificio Ena S.r.l, unless otherwise indicated in writing, and in accordance with any protected rights of others that may apply.
21.1 This contract cancels and supersedes any prior agreements, understandings, negotiations, whether written or oral, between the Parties, concerning the goods and processes covered by this agreement.
21.2 Any discrepancy between the English translation of this agreement and the original Italian language of the agreement shall be resolved in favor of the original Italian usage.