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General conditions of Sale:
STANDARD CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Identification of the Supplier
The goods covered by these general conditions are offered for sale by the Giocolatier company with headquarters / branch in Catania, piazza Ludovico ariosto n. 6, registered with the Catania Chamber of Commerce under no. REA CT-100311 of the Business Register, tax code no. CCTNTN39A02Z326C VAT number n. 00417000874 hereinafter referred to as "Supplier",
1) DEFINITIONS
1.1 The term "online sales contract" means the sales contract relating to the tangible movable property of the Supplier, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools, organized by the supplier.
1.2 The term "Buyer" means the consumer who is a natural person who makes the purchase, as per this contract, for purposes not related to any commercial or professional activity carried out.
1.3 The term "Supplier" means the person indicated in the epigraph or the person providing the information services.
2) OBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible goods indicated and offered for sale on the website www.giocolatier.it
2.2 The products referred to in the previous point are illustrated on the web page : www.giocolatier.it
3) METHOD OF STIPULATION OF THE CONTRACT
The contract between the Supplier and the Purchaser is concluded exclusively through the internet by accessing the Purchaser at www.giocolatier.it where, following the procedures indicated, the Purchaser will formalize the purchase proposal. of goods the contract for the purchase of the goods referred to in point 1 of the previous article.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT 4.1 The purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the electronic catalog on line at www.giocolatier.it/ordini and the subsequent submission of the form / module itself, always after viewing a web page summarizing the order, printable, in which the details of the orderer and the order are shown, the price of the purchased good, the shipping costs and any additional accessory charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2 When the Supplier receives the order from the Purchaser, he sends a confirmation email or displays a printable order confirmation and summary web page, which also contains the data referred to in point previous one.
4.3 The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
5) METHOD OF PAYMENT AND REFUND
5.1 Each payment by the Purchaser can only be made using one of the methods indicated in the specific web page by the Supplier.
5.2 Any reimbursement to the Buyer will be credited through one of the methods proposed 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 clause 13, point 2 and following of this contract , at the latest within 14 days from the date on which the Supplier became aware of the withdrawal.
5.3 All communications relating to payments take place on a specific 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 current legislation on the protection of personal data.
6) DELIVERY TIMES AND METHODS
6.1 The Supplier will 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 point 4.2.
6.2 Shipping 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 ship 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, times and costs are clearly indicated and highlighted at https://www.giocolatier.it/content/Spedizioni-e-resi
7) PRICES
7.1 All the selling prices of the products displayed and indicated on the website www.giocolatier.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2 The sale prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (eg customs clearance), if present, even if 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 contained on the web page summarizing the order placed.
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier ensures, through the electronic system used, the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2 If an order exceeds the quantity existing in the warehouse, the Supplier, by email, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order. or less.
8.3 The Supplier's computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail, pursuant to point 4.2.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract.
9.2 The Supplier cannot be held liable towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3 The Supplier will also 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 him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased, if he proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
10) DEFECT LIABILITY, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER'S OBLIGATIONS.
10.1 Pursuant to the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or of the person who has provided the good.
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 the offer in view of the product, if it still exists.
10.3 The Supplier cannot 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 a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
10.4 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
10.6 The injured party may request compensation for damage 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 thus mainly used by the injured party.
11) GUARANTEES AND METHODS OF ASSISTANCE
11.1 The Supplier is liable for any lack of conformity that occurs within two years of 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 suitable for the use for which goods of the same type are normally used; b) they conform to 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) 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 applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling;
11.3 The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4 In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect. of compliance.
11.5 In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must 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 the repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the 'Buyer, the latter may request, at his choice, an appropriate reduction in the price or termination of the contract. In this case, the buyer must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Supplier.
12) BUYER'S OBLIGATIONS
12.1 The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep 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 made mandatory before confirming the purchase.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days starting from the day of receipt of the purchased good.
13.2 In the event that the professional has not satisfied the information obligations on the existence, methods and times for returning or withdrawing the asset in case of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 1 year and 14 days and starts from the day of receipt of the goods by the consumer.
13.3 If the Purchaser decides to exercise the right of withdrawal, he must notify the seller by choosing the most appropriate means:
- by registered mail to the address piazza Ludovico ariosto 6, Catania 95127 or
- by fax to the number _05-372758 or
- by e-mail to the e-mail info@giocolatier.it
For the purpose of exercising the right of withdrawal the consumer can use the "standard form" of withdrawal:
- Recipient [ACCEPT ANTONIO, PIAZZA LUDOVICO ARIOSTO 6, CATANIA CAP 95127, TEL 3203419494, EMAIL: info@giocolatier.it:
- I / we hereby notify the withdrawal from my / our sales contract of the following goods / services: [insert description of goods / services]
- Ordered on [insert date] / received on [insert date]
- Order number
- Name of consumer (s) [insert name]
- Address of the consumer (s) [insert address]
- Signature of the consumer (s) (only if this form is notified on paper)
- Date [insert date]
13.4 The return of the goods must in any case take place at the latest within 14 (fourteen) 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 a normal state of conservation.
13.5 The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire 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 by art . 59 of the Consumer Code.
13.6 The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.
13.7 The Supplier will refund the entire amount paid by the Purchaser free of charge within 14 (fourteen) days of receipt of the notice of withdrawal.
13.8 With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
14) ARCHIVING METHOD OF THE CONTRACT
14.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier according to criteria of confidentiality and security.
15) COMMUNICATIONS AND COMPLAINTS
15.1 Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: "Antonio Accetti, piazza Ludovico ariosto 6, catania.cap 95127", or sent by fax to 095-372758 or sent by e- mail to the following address info@giocolatier.it The Purchaser indicates in the registration form his
residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
16) COMPOSITION OF DISPUTES
16.1 All disputes arising from this contract will be referred by the Conciliation Body of Catania and resolved according to the Conciliation Regulations adopted by the same.
16.2 If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree n. 206/2005
17) APPLICABLE LAW AND REFERENCE
17.1 This contract is governed by Italian law.
17.2 Although not expressly provided herein, the provisions of law applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980.
17.3 Pursuant to art. 60 of Legislative Decree 206/05, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/05 is expressly referred to here.
ARCHIVING THE CONTRACT
“The order form will be filed in the database of our Netson server, in via caldara 21 in Milan, for the time necessary to execute it and, in any case, in accordance with the law. The user will be able to access the order form and / or the data relating to it through his / her personal account.