General Terms and Conditions of Sale
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1.Subject
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2.Method of concluding the sales contract and Order
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3.Order Cancellation
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4.Prices and availability
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5.Payment Methods and Invoicing
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6. Right of Withdrawal
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7.Delivery of products
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8.Warranty
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9.Protection of personal data
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10.Other applicable terms
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11.Abusive Clauses
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1.Subject
These General Terms and Conditions of sale (hereinafter “General Conditions”) govern the remote purchase (online sale) of products and services promoted on the site www.lattoneriaonline.it (the “Site”), managed by Irpinia Gronde S.r.l., with legal headquarters in via Beata Francesca n. 10, 83100 Avellino, Tax Code, VAT number 02538490646 and Avellino Companies Register no. – R.E.A AV-165248, PEC: irpiniagronde@pec.it. The products marketed by Irpinia Gronde through its Site consist of sheet metal and related accessories (the “Products”). All the Products and Services made available to users are illustrated on the homepage of the Site and/or within the different web pages of the same and are intended for purchases for internal use. The Products and Services on the Site are aimed at both Consumer users and other adult users residing in Italy. For the purposes of these General Conditions, by Consumer user (“Consumer”) is meant any individual who purchases the Products and/or the Services present on the Site for purposes outside of any commercial, industrial, craft or professional activity possibly carried out, in accordance with the provisions of art. 3 of the Legislative Decree 6 September 2005 n. 206 (the “Consumer Code”). The same products and services are also reserved for companies and professionals, owners of VAT numbers. For the purposes of these General Conditions, the user who, at the time of purchasing a Product or Service expressly indicates in the form reserved for the insertion of personal data to belong to the category “Companies, entities, professionals owners of VAT number”, inserting their VAT number therein (hereinafter “Professional”), is not considered a Consumer. Where no express reference is made to the category of Consumers, the provisions of these General Conditions apply indiscriminately to all users who purchase Products and/or Services through the Site (the “Clients and/or Buyers”). Irpinia Gronde Srl may modify, without any notice, the General Conditions. Such modifications will be effective from the day of their publication on the Site. To the purchase orders sent to Irpinia Gronde before the publication of the aforementioned changes, the General Conditions in force at the time of the conclusion of the sales contract will be applied. Irpinia Gronde invites each user to carefully read these General Conditions of sale of products and services, before finalizing any purchase and, once concluded such operation, to print or save a copy in digital format. By accessing the Site the user accepts unreservedly the conditions of use of the Site and undertakes to respect them.
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2.Method of concluding the sales contract and Order
The publication on the Site of Products and/or Services constitutes an invitation addressed to users to formulate to Irpinia Gronde srl a purchase proposal. Each Order sent by the Customer integrates a contractual proposal (the “Order”) and is conditioned to the prior specific acceptance of these General Conditions. Once the Order is received, Irpinia Gronde automatically sends the Customer an email confirmation of receipt containing the details of the Order and all the data related to the purchase, namely the type of products and/or services requested and their costs, as well as the personal data and contact details of the Customer. All orders are subject to acceptance by Irpinia Gronde, which will provide a notification of acceptance or rejection of the Order as soon as reasonably possible. The sales contract between the Customer and Irpinia Gronde will be finalized only when the Customer's Order is accepted by Irpinia Gronde (the “Sales Contract”) The status of each Order can be viewed by the registered Customer on the Site in the section “My Orders” or through the links present in Irpinia Gronde’s acceptance email. The Customer who purchases without having previously registered on the Site can monitor the status of the Order through the links present in the acceptance emails “Order sent by Irpinia Gronde”.
After entering the order, billing and shipping data, on the online sales site the customer is offered the possibility to receive a sample of the order made before proceeding with the final production. In this case, the Customer will proceed to make the Order; before making the payment, however, he will be offered to request a free sample of what was ordered. In case of an affirmative response, the Order made remains suspended pending the receipt of the sample itself. Upon delivery of the sample, the Customer: can approve it with explicit mail to the Company's address within two working days, or silence absence of 2 days; can modify it, communicating within 2 working days the variations compared to the original shape, or, can proceed to cancel the order always within the two working days. In this last case, the Company will proceed to return the entire amount of the Order made, retaining only the lump sum of €10 for shipping costs.
In case the Customer wants to take advantage of the procedure related to the request for a free sample, the delivery times indicated in the order will be considered starting from the date of approval of the sample.
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3.Order Cancellation
Irpinia Gronde reserves the right to cancel any purchase order of Products and/or Services, at its discretion, regardless of whether the Customer's credit card has been charged or not, in case: a material error regarding the price or the Products occurred at the time of publication, or in case the requested Product was no longer available, or with regard only to Professional Customers, if a precise verification of credit conditions or the historical financial situation justifies it. If the Order is cancelled after payment has been made, Irpinia Gronde will take the necessary measures to refund the Customer the same amount of the amount already paid (or may contact the Customer to receive information for this purpose).
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4.Prices and availability
The prices of the Products, any shipping costs, and the terms of payment applied are those indicated on the Site at the time of the online Order. The prices indicated are to be understood VAT included. The prices reported on the Site are subject to possible variations and/or modifications by Irpinia Gronde without any obligation of notice to the Customer. For sales contracts concluded before the publication of the aforementioned changes, but still in progress, the prices in force at the time Irpinia Gronde received the Customer's Order will be applied. The supplier ensures through the electronic system used the processing and execution of orders without delay. For this purpose, it will indicate in the acceptance email of the order made the waiting times for the execution. In case of silence/consent of the buyer, the order made will be considered confirmed.
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5.Payment Methods and Invoicing
Customers can make payments for online purchases by credit card, with PayPal system, and by bank transfer. At the time of filling in the Order, the Customer is required to indicate the chosen payment method. Irpinia Gronde reserves the right to develop its systems to allow further payment methods to its future Customers. Irpinia Gronde uses secure payment protocols to safeguard the privacy of Customers. If the Customer decides to proceed with the purchase of Products and/or Services with payment of the price by credit card or PayPal, the total amount due for the Sales Contract will be charged at the time of shipping of the selected goods. Payment through PayPal will occur through redirection to the PayPal Site, where the procedures for transferring the sums due to Irpinia Gronde can be finalized. If the Customer decides to make the payment by Bank Transfer, he will have thirty days from the date of sending the Order to make the payments. After thirty days, the Order will be considered cancelled by Irpinia Gronde. Irpinia Gronde may suspend and/or cease the supply of goods or services if the Customer does not provide for the balance of the sums due. Invoices will be sent by email in PDF format to the email address provided on the Order.
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6.Right of Withdrawal
The Customer who has purchased as a Consumer has the right to withdraw from the sales contract without any penalty and without specifying the reason at any time within 14 days from the date of delivery of the product (“Withdrawal Period”). In this case, in addition to the price paid for the purchase of the product, any shipping costs incurred to receive said product will also be returned. Standard shipping costs will be refunded as Irpinia Gronde is not required to reimburse additional costs if the Consumer has expressly chosen a type of delivery different from the one offered as standard. To exercise the right of withdrawal it is necessary to inform Irpinia Gronde and initiate a return process by sending an email to the pec address irpiniagronde@pec.it. In case the Buyer decides to make use of the right of withdrawal, he must communicate it to the seller by registered letter A.R. to the address IRPINIA GRONDE SRL via Variante Est SS 7 bis, 83030 Manocalzati (Av), or by fax to the number 0825675299 or by email to: irpiniagronde@pec.it , provided that such communications are confirmed by sending a registered letter A.R. to the address IRPINIA GRONDE SRL via Variante Est SS 7 bis, 83030 Manocalzati (Av), within 48 (forty-eight) hours following. The stamp affixed by the post office on the receipt issued will be proof between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that within the same terms. The date of delivery to the post office or to the shipper will be proof between the parties. The return of the good must nevertheless occur at the latest within 30 (thirty) days from the date of receipt of the good itself. In any case, to have the right to full reimbursement of the price paid, the good must be returned intact and, in any case, in normal state of conservation. For the purposes of the burden of proof relating to the exercise of the right of withdrawal within the indicated terms, it is in the Consumer's interest to use a durable medium when communicating to Irpinia Gronde his withdrawal. Once the integrity of the returned Product has been verified, Irpinia Gronde will proceed to reimburse the Consumer the entire amount paid for the Products and/or Services of the sales contract subject to withdrawal. The refund will take place using the data relating to the credit card provided by the Consumer at the time of placing the Order, or by bank transfer to the coordinates indicated by the Consumer himself. As provided by Legislative Decree 6/9/2005 n. 206 and by art.55 of the Consumer Code, the right of withdrawal does not apply to goods made to measure or clearly personalized.
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7.Delivery of products
The Products and/or Services purchased will be delivered to the address reported by the Customer at the time of the online Order. Orders and deliveries outside the territory of the Italian Republic will not be possible. Shipping times can vary from the same day of the order to a maximum of 15 working days from the confirmation of the same, in compliance with what is specified in the order confirmation. In case the Supplier is not able to carry out the shipment within said term but, however, within the one indicated on the site, timely notice will be given by email. The Customer will receive via email from Irpinia Gronde the notification of acceptance of the Order once the payment data have been successfully verified. The indicated times represent estimates and are not guaranteed. Irpinia Gronde declines all responsibility for any delay if such delay or failure to deliver is attributable to causes outside its reasonable possibility of control such as, by way of example, but not limited to: third party strike actions, terrorism, war, natural disasters, adverse weather (Force Majeure). Under article 54 (2) of the Consumer Code, if the Customer is a Consumer, in case of non-delivery within the term of thirty days from the day following the one in which the Consumer has transmitted the Order, Irpinia Gronde will inform the same of the delay and will refund the amount already paid for payment, unless the Consumer requests differently according to the applicable legal provisions.
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8.Warranty
The warranty regime on products sold by Irpinia Gronde differs depending on whether the buyer is a “Consumer” or a “Professional” according to the Consumer Code [..], according to the definition already specified above. The Customer who, as a Consumer, purchases a product for personal purposes benefits from the legal warranty of conformity to which Irpinia Gronde is held according to art. 130 of the Consumer Code, in its capacity as a seller, in case of lack of conformity of the product with the contract ("Legal Warranty"). According to the law, in case of applicability of the Legal Warranty, the Consumer has the right to the restoration without expenses of the conformity of the good by means of: (i) repair or replacement, or (ii) where this is not possible, to a reduction of the purchase price or to the termination of the contract. Irpinia Gronde as a seller is responsible towards the Consumer for the defects of conformity of the product existing at the time of delivery, provided that they manifest themselves within two years from the date of delivery. The Consumer has the obligation to report the lack of conformity within two months from its discovery. According to legal provisions, unless proven otherwise, any lack of conformity that manifests itself within six months of delivery of the product is presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the products or with the nature of the lack of conformity. We recommend keeping the purchase receipt and the delivery receipt of the Product, which must be attached to the instance of repair or replacement under warranty. In the absence of delivery receipt of the Product or other documentation suitable to prove the receipt of the Product itself, the term of two (2) years mentioned above will be calculated starting from the day of the purchase of the Product. The request must be sent in writing, by Registered Letter A.R., to the Supplier, who will indicate their availability to proceed with the request, or the reasons that prevent it, within seven working days from receipt. In the same communication, where the Supplier has accepted the Buyer's request, must indicate the shipping or return methods of the good as well as the expected term for the return or replacement of the defective good. Should repair and replacement be impossible or excessively burdensome, or the Supplier has not provided for the repair or replacement of the good within the term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, he may request, at his choice, an appropriate reduction of the price or the resolution of the contract. The buyer must in this case send his request to the Supplier, who will indicate their availability to proceed with the same, or the reasons that prevent it, within seven working days from receipt. In the same communication, where the Supplier has accepted the Buyer's request, must indicate the proposed price reduction or the methods of return of the defective good. It will be the Buyer's burden to indicate the methods for the re-credit of the sums previously paid to the Supplier.
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9.Liability for defects, proof of damage and compensable damages.
The Supplier cannot be held responsible for the consequences derived from a defective product if the defect is due to compliance of the product, to an imperative legal norm or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow to consider the product as defective. The supplier declares, and the buyer accepts, that the pieces ordered interactively online are personalized and made specifically for the buyer himself. The supplier declares, and the buyer accepts, that there could be a margin of error on the dimensions of the shape, which can vary up to ±0.3cm between two ends of the piece, compared to the measurements entered at the time of the order and, possibly, compared to the sample sent to the buyer. The supplier declares, and the buyer accepts, that there could be a margin of error on the angles of the shape, variable up to ±5° between two ends of the piece, compared to the measurements entered at the time of the order and, possibly, compared to the sample sent to the buyer. Such tolerances may undergo variations if measured along the axis of the ordered piece. The measurements entered by the buyer are expressed the lengths in centimeters and the angles in sexagesimal degrees. The buyer is aware that the color chosen online could have slightly different shades due to the display on their monitor. No compensation will be due for dimensional and angular variations that are contained within the limits mentioned above, nor for slight variations in color shade as expressly highlighted in the previous chapter. No compensation will be due if the damaged party was aware of the defect of the product and the danger deriving from it and nevertheless voluntarily exposed himself to it. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage. The damaged party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of a thing different from the defective product, provided that of a type normally intended for personal use or consumption and thus mainly used by the damaged party. The damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred eighty-seven euros (€387).
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10.Limitation of liability
the supplier assumes no responsibility for disservices attributable to force majeure, in case it fails to execute the order within the times stipulated by the contract. The supplier cannot be held responsible towards the buyer, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own or its sub-suppliers' control. The supplier will also not be responsible for damages, losses and costs suffered by the buyer as a result of the non-execution of the contract for reasons not attributable to him, having the Buyer only the right to the full restitution of the price paid and any accessory charges incurred. The Supplier assumes no responsibility for the possible fraudulent and illicit use that can be made by third parties, of credit cards, checks and other means of payment, at the time of payment of the products purchased, provided it proves to have adopted all possible precautions based on the best science and experience of the moment and according to ordinary diligence. In no case the Buyer may be held responsible for delays or misunderstandings in the payment if he proves to have executed the payment itself in the times and ways indicated by the Supplier. The supplier, moreover, does not respond to any damages caused in the transport pursuant to and for the effects ofart. 1693 c.c. according to which “the carrier is responsible for the loss and damage of the things entrusted to him for transport from the moment he receives them to the moment he delivers them to the recipient, unless he proves that the loss or damage derived from chance, from the nature or from the defects of the things themselves or from their packaging or from the act of the sender or from that of the recipient”.
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11.Causes for termination of the contract
The Buyer undertakes to pay the price of the good purchased within the times and methods indicated by the Contract. The Buyer undertakes, once the online purchase procedure is concluded online , to proceed to the printout and conservation of this contract. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the confirmation of purchase. Such obligations as well as the successful completion of the payment that the Buyer performs with the means expressly indicated, and likewise the exact fulfillment of the obligations assumed by the Supplier, are essential, so that by express agreement, the non-fulfillment of only one of said obligations, if not determined by fortuitous event or force majeure, will lead to the legal termination of the contract pursuant to art.1456 c.c., without the need for judicial pronouncement.
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12.Protection of personal data
the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) deletion, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disseminated, except in the case where this 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, even though they are relevant to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, it cannot be given course to the Buyer's request.
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13.Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order sent is stored in digital/paper format on the server/at the headquarters of the Supplier itself according to criteria of confidentiality and security.
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14.Communications and complaints
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Via Beata Francesca n. 10 83100 Avellino, or transmitted via fax to the number 0825675299 or sent by email to the following address irpiniagronde@pec.it. The Buyer indicates in the registration form his residence or domicile, the telephone number or the email address to which he wishes the communications of the Supplier to be sent.
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15.Dispute resolution
All disputes arising from this contract will be referred to the Chamber of Commerce of Avellino. and resolved according to the Conciliation Regulation adopted by the same. 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, inalienably pursuant to art. 33, 2nd paragraph, letter u ) of Legislative Decree n. 206/2005
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16.Other applicable terms
These General Conditions are governed by Italian law as well as each Sales Contract is subject to Italian jurisdiction.
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17.Abusive Clauses
Pursuant to and for the purposes of articles 1341 and 1342 cc. the Customer declares to have taken vision, understood and to want to accept the following clauses whose title is reported only as an example: art.2 (Method of concluding the Sales Contract and Order), 3 (Order Cancellation), 4 (Prices and Availability), 5. (Payment Methods and Invoicing), 6 (Right of Withdrawal), 7 (Delivery of products), 8 (Warranty), 9 (Liability for defect, proof of damage and compensable damages) 10 (Limitation of liability), 16 (Other applicable terms).
1General measure of the Guarantor for the protection of personal data “ Simplifications of some obligations in the public and private sectors with respect to treatments for administrative and accounting purposes” of 19 June 2008, published in Official Gazette 1 July 2008, n. 152.
2General measure of the Guarantor for the protection of personal data “Practical guide of simplification measures for small and medium enterprises” of 24 May 2008, published in Official Gazette 21 June 2007, n. 142.
3 “Save that the Supplier has appointed a responsible person in the person of Mr. _______________________”.
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