The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial activity or professional practice.
The goods covered by these general conditions are put up for sale by the Bell Casolino Sas Farm with headquarters in Portocannone (CB), at Via Oberdan 13, registered at the Campobasso Chamber of Commerce under no. 01780020705 of the Register of Companies, tax code and VAT number 01780020705 hereafter referred to as "Producer/Supplier".
Art. 1 Definitions
1.1. The term "online sales contract" means the purchase and sale contract relating to the goods material furniture of the Supplier, stipulated between these and the Purchaser in the context of a distance selling system through telematic tools, organized by the Supplier.
1.2. The term "Buyer" means the consumer who is the physical person who makes the purchase, as per art present contract, for purposes not related to any commercial or professional activity carried out.
1.3. With the expression "Supplier" we mean the subject indicated in the epigraph or the subject lender of the information services.
Art. 2 Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser buys at a distance via telematic tools the movable tangible goods indicated and offered for sale on the website: www.bellcasolino.eu.
2.2. The products referred to in the previous point are illustrated on the web page: www.bellcasolino.eu.
Art. 3 Method of stipulation of the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet through access by the Purchaser to www.bellcasolino.eu, where, following the procedures indicated, the Purchaser will come to formalize the proposal for the purchase of goods.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract ends with the exact completion of the application form and consent to the purchase manifested through the adhesion sent on line; or with the completion of the form / form attached to online electronic catalog (at www.bellcasolino.eu) and the subsequent submission of the form / form itself (after visualization of a web page of order summary, printable), in which are reported the details of the ordering and ordering, the price of the purchased good, shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, the times of the delivery and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, he sends an e-mail of confirmation or the display of a web page confirming and summarizing the order, printable, in which are also shown the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in defect of what is indicated in the point previous one.
Art. 5 Methods of payment and reimbursement
5.1. Each payment by the Purchaser can be done only by one of the methods indicated in the appropriate web page from the Supplier.
5.2. Any refund to the Purchaser will be credited by one of the methods proposed by the Supplier and chosen by the Purchaser in a timely manner and in the event of exercising the right of withdrawal, as regulated art. 13, point 2 and ss. of this contract, at the latest within 30 days from the date on which the Supplier is became aware of the withdrawal itself.
Art. 6 Times and methods of delivery
6.1. The Supplier will deliver the products, selected and ordered, by express courier, as well as indicated in the appropriate web pages of reference (www.bellcasolino.eu).
6.2. Delivery times may vary from the day of the order to a maximum of 10 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within said term but, in any case, within that indicated in the following point, it will be given timely notice by e-mail Purchaser.
6.3. The methods, times and shipping costs are clearly indicated and well highlighted at www.bellcasolino.eu.
Art. 7 Prices
7.1. All sales prices of the products displayed and indicated on the website www.bellcasolino.eu are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc7.2. The sales prices, referred to in the previous point, include VAT and any other tax. THE shipping costs and any additional charges (eg customs clearance), if any, not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is sent from part of the Purchaser 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 on which they are valid the Supplier does not make any changes
7.4. The selling price of each product can be modified at any time by the Supplier.
Art. 8 Availability of products
8.1. The Supplier ensures the processing and fulfillment of orders without using the telematic system used delay. To do this, it indicates in real time, in its electronic catalog, whether the product is available or not.
8.2. Should an order exceed the existing quantity in the warehouse, the Purchaser will be allowed order only the product in the quantity available in stock. From that moment on the product will result in catalog as "not available" until the next production by the Supplier.
8.3. The Supplier's computer system confirms the registration in the shortest possible time of the order by submitting a confirmation to the User by e-mail, pursuant to point 4.2.
Art. 9 Limitations of liability
9.1. The Supplier assumes no responsibility for disruptions due to force majeure in the case fails to execute the order within the time specified in the contract.
9.2. The Supplier can not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its control or its own subcontractors.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result the non-execution of the contract for causes not attributable to him, having the Buyer only entitled to full repayment of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties, credit cards, checks and other means of payment, for the payment of products purchased, if it 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 will the Purchaser be held responsible for delays or mistakes in the payment if prove that you have made the payment in the time and manner indicated by the Supplier.
Art. 10 Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by the goods sold if it fails to communicate to the Damaged, within 3 months from the request, the identity and domicile of the producer or of the person who supplied the property.
10.2. The aforementioned request, by the Damaged, must be made in writing and must indicate the product that has caused damage, place and date of purchase; must also contain the offer in view of the product, if still existing.
10.3. The Supplier can not 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, that is, if the state of scientific and technical knowledge at the time the producer put in circulation of the product, still did not allow to consider the defective product.
10.4. No compensation will be due if the Damaged has been aware of the defect of the product and of the danger that derives from it and nevertheless voluntarily exposed itself to it, as expressly indicated on the product.
10.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Damaged may request compensation for damages caused by death or personal injury or from the destruction or deterioration of something other than the defective product, provided it is of a normal type 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 refundable only to the extent that exceed the sum of three hundred and eighty-seven euros (€ 387).
Art. 11 Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within the period of 15 days (fifteen) from the delivery of the goods.
11.2. For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist:
a) they are fit for the use to which the assets of the same kind;
b) comply with the description made by the Seller and possess the qualities of the good that the Seller 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, public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or his agent or representative, in particular in advertising or labeling;
d) I am likewise suitable for the particular use desired by the Consumer and that he was brought to the attention of the Consumer Seller at the time of conclusion of the contract and that the Seller has accepted also for facts concludenti.
11.3. The Buyer loses all rights if he does not denounce the lack of conformity to the Seller by term of 15 days 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 concealed it.
11.4. In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within 30 days from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with nature of the good or with the nature of the lack of conformity.
11.5. In the event of lack of conformity, the Purchaser may request, alternatively and without charge, the conditions below indicated, the replacement of the purchased good, a reduction of the purchase price or the resolution of the present contract, unless the request is objectively impossible to satisfy or results from the Supplier excessively burdensome pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail, to the Supplier, who will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within 7 working days from receipt. In the same communication, where the Supplier has accepted the request of the Purchaser, must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective good.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier does not have provided for the repair or replacement of the good within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Purchaser, he may request, at his choice, a reasonable reduction of the price or the termination of the contract. The Buyer in this case he will have to send his request to the Supplier, who will indicate his willingness to give course to the same, or the reasons that prevent it 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 for returning the defective goods. It will be in such cases burden the Purchaser indicate the methods for crediting the amounts previously paid to the Supplier.
Art. 12 Obligations of the Purchaser
12.1. The Purchaser undertakes to pay the price of the good purchased in the time and manner indicated in the contract.
12.2. The Buyer agrees, once the online purchase procedure is complete, to provide for the press and the conservation of this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, which acknowledges this, as this step is mandatory before the confirmation of purchase.
Art. 13 Right of withdrawal
13.1. The Purchaser has in any case the right to withdraw from the contract, without any penalty and without specifying the reason, within 10 (ten) working days, starting from the day of receipt of the well purchased.
13.2. In the case in which the professional has not satisfied the obligations of information on existence, modality and time of return or withdrawal of the asset in case of exercise of the right of withdrawal pursuant to art. 52 of the Code of consumption, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of goods by the Consumer.
13.3. In the event the Purchaser decides to exercise the right of withdrawal, he must notify the Seller to means of registered letter with return receipt to the Fattoria Bell Bellolino Sas, Via Oberdan 13, 86045 Portocannone (CB) or by e-mail to email@example.com, provided that such communications are confirmed from sending registered mail to the address _ Fattoria Bell Casolino Ssa, Via Oberdan 13, 86045 Portocannone (CB) within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the receipt issued. For the purpose of exercising the right of withdrawal, the communication may validly be sent replaced by the restitution of the purchased good, provided that they are in the same terms. The date of delivery to the post office or the forwarder.
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 asset itself. In any case, for the right to full reimbursement of the price paid, the good will have to be returned intact and, in any case, in a normal state of preservation.
13.5. The Purchaser can not exercise this right of withdrawal for contracts for the purchase of perishable products sealed, which have been opened from the same, as well as tailor-made or clearly personalized goods which, by their nature, can not be returned or are liable to deteriorate or expire rapidly, as well as goods whose price is linked to fluctuations in the financial market rates that the trader is unable to check and in any other case provided for by art. 55 of the Consumer 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 accept them.
13.7. The Supplier will provide for free reimbursement of the full amount paid by the Buyer by term of 15 (fifteen) days from 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 Parts of this contract are released from reciprocal obligations, except as provided for in the previous points of the present article.
Art. 14 Causes of resolution
14.1. The obligations referred to in paragraph 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfillment of a only of these obligations, if not determined by fortuitous event or force major, will result in termination of contract law pursuant to art. 1456 cc, without the need for a judicial decision.
Art. 15 Protection of privacy and processing of Buyer data
15.1. The Supplier protects the privacy of its customers and ensures that the processing of data complies with what envisaged by the privacy legislation referred to in Legislative Decree 30 June 2003, n. 1961.
15.2. Personal and fiscal personal data acquired directly and / or through third parties from the Bell Farm Supplier Casolino Ssa, data controller, is collected and processed in paper form, computerized, telematic, in relation to the processing methods with the purpose of registering the order and activating the order in it procedures for the execution of the present contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relationships to the extent necessary to complete the requested service at best (Article 24, paragraph 1, letter b, Legislative Decree 196/2003) 2.
15.3. The Supplier undertakes to treat data and information transmitted by the Purchaser with discretion and not reveal them to unauthorized persons, or use them for purposes other than those for which they were collected or transmit them to third parties. Such data may be presented only upon request of the Judicial Authority or of other authorities authorized by law.
15.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to perform the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
15.5. The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) cancellation, the transformation into anonymous form or blocking of data processed in violation of the law, including those for which it is not necessary conservation in relation to the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in subparagraphs a) and b) have been brought to the attention, including for what regards their content, of those to whom the data have been communicated or disseminated, except in the case in which the data fulfillment proves impossible or involves a 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 / her, even though they are relevant to the purpose of the collection;
ii) to the treatment of personal data concerning him for the purpose of sending advertising material or direct sales or for the carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the request of the Purchaser can not be carried out.
15.7. In any case, the acquired data will be kept for a period of time no longer than necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place in safe way.
15.8. Holder of the collection and processing of personal data is the Supplier, to which the Buyer can address every request at the company headquarters.
15.9. Anything that should reach the email address (also electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of nature confidential, must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case can not be attributed to the Center any responsibility on the content of the messages themselves.
Art. 16 Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is kept in digital / paper form on the server / at the Supplier's premises according to confidentiality criteria and security.
Art. 17 Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid only where sent to the following address: Fattoria Bell Casolino Via Oberdan 13, 86045 Portocannone (CB), or sent by e-mail to the following address firstname.lastname@example.org. The Purchaser indicates in the registration form the his residence or domicile, the telephone number or e-mail address he wishes to be send the Supplier's communications.
Art. 18 Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Campobasso and resolved according to the Conciliation Rules adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the place of jurisdiction is that of the place of residence or domicile elective of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of the legislative decree 206/2005.
Art. 19 Applicable law and postponement
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for here, the provisions of the law applicable to the reports and reports apply cases provided for in this contract, and in particular art. 5 of the 1980 Rome Convention.19.3. Pursuant to art. 60 of the legislative decree 206/2005, the discipline contained in the Part III, Title III, Chapter I of Legislative Decree 206/2005.
Art. 20 Final clause
This contract repeals and replaces every agreement, understanding, negotiation, written or oral, intervened in precedence between the Parties and concerning the subject of this contract.
1 Provisions of the Italian Data Protection Authority - art. 154, 1 c) of Legislative Decree no. 196/2003 - Simplifications of some fulfillment in the public and private sector with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, n. 152.
2 General Provision of the Guarantor for the protection of personal data Practical guide to measures of simplification for small and medium-sized enterprises of 24 May 2007, published in the Gazzetta Ufficiale 21 June 2007, n. 142.
3 "Unless a manager has been appointed by the company in the person of Mr. __________ ".