GENERAL CONDITIONS OF SALE
Art. 1 - General provisions
The present conditions are valid only between MATTIA AGOSTA (Individual Company), with registered office in Rimini (RN), Via San Lorenzo in Correggiano 14 / A, P. IVA 04372160400, C.F. GSTMTT96A03H294B, REA RN - 406046 (hereinafter also referred to as "Seller") and any person who makes online purchases in (also "Customer") on the website www.e-talian.com (also referred to as "Site"). may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern the purchases made on the site www.e-talian.com, in accordance with the provisions of Part III, Title III, Head I, of the Consumer Code, Legislative Decree. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003 concerning e-commerce.The user is obliged, before accessing the products supplied by the Site, to read these General Conditions of Sale which are generally understood and unequivocally accepted at the time of purchase. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which the Seller reserves the right to modify unilaterally and without prior notice. You can use the site and then access products supplied by the same and purchase of these in the following languages: Italian, English.
Art. 2 - Object
With the present general conditions of sale, the Seller sells and the Customer purchases remotely the tangible movable goods indicated and offered for sale on the Site. The contract is concluded exclusively through the Internet, by accessing the Customer at www. e-talian.com and the realization of a purchase order according to the procedure provided by the site itself. The customer undertakes to examine, before proceeding with the confirmation of their order, these general conditions of sale, in particular pre-contractual information supplied by the Seller and to accept them by placing a flag in the box indicated at the stage of completion of the order. In the order confirmation e-mail, the Customer will also receive a link to download and store a copy of these general terms and conditions sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
These General Conditions do not regulate the supply of services or the sale of products by parties other than the seller that may be present on the same site through links, banners or other hypertext links.
Art. 3 - Pre-contractual information for the consumer (pursuant to Article 49 of Legislative Decree 206/2005)
Before the conclusion of the purchase contract, the Customer takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of the Customer's choice.
Before the validation of the order with "payment obligation", the Customer is informed about: total price of goods including taxes, with details of shipping costs and any other costs; terms of payment; the delivery times of the goods; the information necessary to exercise the right of withdrawal, contained in these general conditions of sale; existence of the legal guarantee of conformity for the purchased goods, as indicated in these general conditions of sale.
The Customer may at any time and in any case before the conclusion of the contract, take note of the information relating to the Seller, the geographical address, telephone and fax number, e-mail address. Information that is also reported below:
MATTIA AGOSTA (Individual Company), with registered office in Rimini (RN), Via San Lorenzo in Correggiano 14 / A, VAT number 04372160400, C.F. GSTMTT96A03H294B, Tel 3313061402, E-mail email@example.com, PEC firstname.lastname@example.org
Art. 4 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by the Seller to the Customer of an e-mail confirming the order.
The e-mail contains: the customer's data and the order number, the price of the goods purchased, shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of these conditions.
The Customer undertakes to verify the correctness of the personal data contained in the aforementioned email and to promptly notify the Seller of any corrections / changes to be made.
The Seller undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.e-talian.com do not constitute a contractual element, as they are considered only representative.
The Seller undertakes to deliver the goods within 30 days of sending the order confirmation e-mail to the Customer.
.Art. 5 - Availability of products
The availability of the products refers to the actual availability at the time the Customer places the order. This availability must however be considered purely indicative because: - due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order; - there could be an IT anomaly to make available to the 'purchase a product that actually is not. Even after sending the e-mail confirming the order sent by the seller, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the product or products not available and the Customer will be immediately notified via e-mail. With this e-mail the customer will also be informed of the methods and timing of repayment of the sums eventually paid.
Art. 6 - Methods of payment
Each payment by the Customer can only be made: - using the PayPal payment method, - by using the credit cards indicated on the website; - by bank transfer. The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification
Art. 7 - Prices
All sales prices of the products indicated on the site www.e-talian.com are expressed in Euro and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before the payment is made.The Customer accepts the Seller's right to change his prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of the creation of the order and indicated in the - confirmation email sent by the Seller to the Customer. In the event of an IT, manual, technical, or any other kind of error that could cause a substantial change, not foreseen by the Seller, of the selling price to the public, which makes it exorbitant or clear ridiculously, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days from the day of cancellation
Art. 8 - Right of withdrawal
In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products. In the case of multiple purchases made by the Customer with a single order and delivered separately, the 14-day term starts from the date of receipt of the last product. The Customer who intends to exercise the right of withdrawal must notify the Seller by explicit declaration, which can be sent by registered letter with return receipt or by e-mail to email@example.com, preferably using and completing the withdrawal Form type pursuant to art. 49, paragraph 1, lett. h) below: ADDRESSED TO: MATTIA AGOSTA (Individual Company), Rimini (RN), Via San Lorenzo in Correggiano 14 / A, VAT number 04372160400C.F. GSTMTT96A03H294BPEC firstname.lastname@example.org We hereby notify you of the withdrawal from the contract of sale of the following goods / services ________________ - Ordered ____________ / received the ___________- Consumer's name _____________________- Consumer's address _____________________- Place _________ Date ____________ - Signature ____________ (* only if transmitted in paper format) In case of exercise of the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to the Seller his desire to withdraw from the contract pursuant to art. . 57 of Legislative Decree 206/2005. The goods must be returned to: Mattia Agosta, Via San Lorenzo in Correggiano 14, Rimini (RN) - 47924. The goods must be returned intact, in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 30 days from receipt of the return. If the Customer has met all the conditions required, the Seller, pursuant to art. 56 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, will fully refund the price of products purchased, plus the reimbursement of shipping costs provided this is done through one of the couriers used by the Seller . Otherwise return costs will be charged to the customer.It is understood that in case of product defect the shipping costs will in any case be borne by the Seller.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the reimbursement until receipt of the goods or until the Customer demonstrates to have returned the goods to the Seller.
The Seller will reimburse using the same payment method chosen by the Customer during the purchase. In the case of payment made by bank transfer, and if the Customer intends to exercise his right of withdrawal, he must provide the Seller, by accessing the section contact us or by writing an email to email@example.com, the bank details: IBAN, SWIFT and BIC required for the reimbursement by the Seller.
Art. 9 - Legal guarantee of conformity
The Seller is responsible for any defect in the products offered on the site, including the non-compliance of the articles with the products ordered, in accordance with the provisions of Italian law. If the Customer has entered into the contract as a consumer, ie any natural person acting on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid on condition that: - the defect occurs within 24 months from the date of delivery of the products - that the purchaser presents a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was acknowledged by the latter - timely notice by registered mail or by e-mai firstname.lastname@example.org, in the same manner as in art . 8. In case of non-compliance, the Customer who has signed the contract as a consumer will be entitled to obtain the restoration of the conformity of the products without expenses, by repair or replacement, or to obtain an appropriate price reduction or the resolution of the contract with respect to the disputed assets and the consequent return of the price. All return costs for defective products will be borne by the Seller.
Art. 10 - Delivery methods
The Seller will only accept orders to be delivered within the territory of the European Union. We do not ship to Vatican City, Livigno, Campione d'Italia, Caselle Postali and Fermo Posta. Requests for orders to these addresses will be automatically canceled. The products will be delivered via express courier to the address indicated by the Customer when ordering within and no later than 30 days from the date of receipt by the Customer of the confirmation e-mail. order sent by the Seller. If the delivery can not take place due to causes not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract. As a result of the termination the amounts will be returned , including delivery costs with the exclusion of any additional costs arising from the choice of a method of delivery different from the ordinary method offered without undue delay and, in any case, within 7 days from the date of termination of the contract. The transport deriving from the termination of the contract could have additional costs that will be borne by the buyer. The shipping costs are borne by the buyer and are explicitly highlighted at the time of ordering. All deliveries are made by Corriere, the shipping costs are fixed, regardless of the amount of the order or the number or type of product that compose it.
Type of Shipping: Shipping in Italy
Cost: € 6.99
Timings: 1 to 2 working days
Type of Delivery: Shipping to Europe
Cost: € 9.99
Timings: 1 to 3 business daysThe days indicated are working. Deliveries are not carried out on Saturdays and Sundays. In the event that the shipper does not find anyone at the destination address it is possible to arrange a new delivery by calling the number indicated in the delivery notice that is left in the letter box. received, you can request the tracking code of the shipment with an e-mail to email@example.com.
Art. 11 - Passage of risk
The risks related to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as the full payment of all the amounts due in relation to them has been received, including shipping costs, or at the time of delivery, if this happens at a later time
Art. 12 - Invoicing
If requested by selecting the appropriate flag during the purchase, the Seller will issue an invoice. The invoice will be communicated with an e-mail to the address provided by the Customer. If the Customer is registered the invoice will be available and printable, after the order has been processed, also in the reserved area within the "My orders" section. The invoice will contain the information provided by the Customer during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
Art. 13 - Responsibility
The Seller assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the Internet, if he fails to execute the order within the time specified in the contract
ART. 14 - Access to the site
The Customer has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of the Seller and are protected by the intellectual property right.
Art. 15 - Integrality
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
Art. 16 - Applicable law and competent court
These General Conditions of Sale are governed by Italian law and interpreted according to it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the purchaser. As a consequence, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law. Any disputes related to and / or consequent to these must be resolved exclusively by the Italian jurisdiction. In particular, if the buyer is a consumer, any disputes must be resolved by the court of the place of residence or residence of the same according to the applicable law.
Art. 17 - Data processing