These General Terms and Conditions of Online Sale regulate B2C sales contracts carried out using online methods, of products presented on the website www.damianochiappini.it owned by DAMIANO CHIAPPINI, VIA ADONE ZOLI 14, 63812 MONTEGRANARO (FM), VAT CODE 01253920449, TAX CODE CHPDMN58L011324W
These General Terms and Conditions of Online Sale are governed by the rules on electronic commerce (Legislative Decree no. 70/2003) and by Italian law and apply exclusively to sales through the Internet (Online Sale), where the purchaser is a person who buys for business or professional reasons and not for personal reasons, as defined in art. 1 letter b) of this Agreement.
Damiano Chiappini is available to provide, even by telephone, to Customers as defined below, any clarification on the contents of these General Conditions of Online Sale.
THE FOLLOWING IS AGREED AND STIPULATED
The following definitions apply to these General Conditions of Sale:
a) “Seller” is Damiano Chiappini.
b) “Customer” is any natural or legal person interested in selling on Amazon.
c) General Conditions of Sale Online. “General Terms and Conditions of Online Sale” are the rules that govern the contract of sale entered into by the Seller and the Customer through the use of the Site www.damianochiappini.it.
d) “Contract” means these General Conditions of Online Sale.
e) Site or Website. “Site” or “Website” means the website www.damianochiappini.it belonging to the Seller, where the Customer can make online purchases.
(f) Order. “Order” means the invitation to offer sent by Customer through the use of the Seller’s Website in relation to one or more products, through the use of the order procedure indicated on the Website www.aldegheritaly.com and in art. 7 of this Contract.
g) Product or Products. “Product or Products” means the products described on the Website that Customer may purchase.
h) Party/Parts. “Party/Parties” is Customer and/or Seller.
2. Subject matter of the Contract
2.1 Online Sale. These General Conditions of Online Sale apply to all Orders relating to the purchase of Products through the use of the Website www.damianochiappini.it placed by Customers, as defined above in clause 1 letter b).
2.2. Invitation to offer. The presentation of the Products on the Site constitutes an invitation to offer. The Customer’s order will be considered as a contractual proposal of purchase addressed to the Seller for the Products listed, considered individually. Upon receipt of the order, the Seller will automatically send the Customer a message of acceptance of the order itself “(Order Confirmation). The Order Confirmation does not constitute acceptance of the Customer’s purchase proposal. By sending the Order Confirmation, the Seller only confirms that it has received the order and has subjected it to a data verification process and the availability of the Products requested. The Contract of Sale with the Seller will be concluded only when the Seller sends the Customer a separate email with the express acceptance of the purchase proposal, which will also contain information regarding the shipment of the product and the expected date of delivery (“Shipping Confirmation”). In the event that the order is processed through multiple shipments, the Customer may receive separate Shipment Confirmations. The Customer may cancel the order before receiving the Shipment Confirmation.
The General Conditions of Online Sale apply exclusively to purchases made on the Website. The Products purchased on the Website are sold directly by the Seller, as defined above in Article 1 letter a).
3. Content and modifications
3.1 Forewords. The foregoing premises form an integral part of this Contract.
3.2 Content. This Agreement supersedes any prior agreement between the Parties on the subject matter here of.
3.3 Amendments. In the event of changes to the General Conditions of Online Sale, the General Conditions of Online Sale published on the Website at the time the Order is placed by the Customer will apply to the Purchase Order.
4. Strength of the Contract
The rights and obligations under this Contract are binding on the Parties and their assignees.
5. Information and changes to the Products
5.1. Description of Products. For each Product it is possible to view an information sheet with the image and characteristics of the Product. The images and colours of the products offered for sale on the Site may not correspond to the actual ones due to the Internet browser and/or monitor used. The Seller is not responsible for any inaccuracies due to a particular computer configuration or malfunction.
5.2. Modification of the Products. The Seller may eliminate and/or replace the Products described on the Site at any time and without prior notice, and may make technical and aesthetic improvements that are not substantial and do not deteriorate the quality of the Product.
6.1. Product Price. The prices of the Products included in the information sheets are expressed in Euros and are net of VAT, unless otherwise indicated.
6.2 Shipping and payment costs. The prices of the Products indicated in the information sheets do not include the shipping costs and those related to the method of payment chosen, which are identified and calculated according to the place of delivery and the method of payment chosen at the time of the Order, which the Customer shall examine before placing the Order. The shipping costs of the Products and the costs related to the payment method are entirely borne by the Customer.
6.3. Variation in Product Prices. The prices of the Products published on the Website may be updated and therefore may be subject to variations. The Customer will purchase the Products at the price published on the Site at the time the Order is sent.
6.4. Variation in Prices and Shipping Costs depending on the country of delivery. The price of the Products and the shipping costs may vary depending on the country of delivery of the Products, due to different existing customs duties or rights and different transportation costs.
6.5. Promotions. The Seller reserves the right to apply different promotions depending on the country of delivery of the Products.
7. Product Order
7.1 Formulation of the Order. Purchase Orders must be placed exclusively online through the order procedure on the Site, exclusively by natural and legal persons acting for purposes related to their business activity. After accessing the “online shop” page, the Customer will be able to select the Products to be purchased, placing them in the “Virtual Shopping Cart”, the contents of which he will always be able to view before placing the Order. During the formulation of the Order until the forwarding of the order, the Customer can modify the data entered.
7.2 Acceptance of the General Terms and Conditions of Online Sale. By sending the Order, the Customer declares to have read and accepted the General Conditions of Online Sale indicated on the Site and declares to have read all the information provided to him during the purchase procedure.
7.3 Order Confirmation. Upon receipt of the Order, the Seller will automatically send an e-mail to the e-mail account provided by the Customer, containing the confirmation of receipt of the Order. The Order Confirmation will summarise the Products chosen by the Customer, the relevant prices (including delivery charges), the Order number and the General Conditions of Online Sale.
7.4 Conclusion of the Contract. The Contract will be considered concluded only when the Seller sends to the Customer a separate e-mail with the express acceptance of the purchase proposal that will also contain the information related to the shipment of the Product and the expected delivery date (“Shipment Confirmation”). In the event that the order is processed through multiple shipments, the Customer will receive separate Shipment Confirmations. The Customer may cancel the order before receiving the Shipment Confirmation.
7.5 Unavailability of Products. The Seller does not guarantee the complete availability of the Products included in the information sheets on the Site. If the Products are not available, the Seller will notify the Customer by e-mail.
In the event of non-delivery of the Products ordered, the Customer is entitled to a full refund of the sums paid.
7.6 Customer data and Order number. The Customer undertakes to communicate personal data and not those of third parties, and to communicate truthful data, not of imagination or invention. In any communication following the Order, the Customer shall use the Order number communicated by the Seller.
8. Payment methods, invoices, retention of title
8.1. Methods of payment. The Italian or foreign Customer who purchases Products may pay using one of the following payment methods: credit card or bank transfer.
8.2. Payment by credit card. Payment by credit card must be made according to the instructions indicated on the Site and the credit cards accepted by the Seller are: Visa and MasterCard. By indicating credit card as the method of payment, the Customer authorises the Seller to use his/her credit card and to debit the amount of the expense incurred.
The Seller reserves the right to request a copy of the credit card holder’s identity card.
8.3 Time of payment and default interest. The Customer shall pay the price of the ordered Products in full, including transport costs and costs related to the chosen payment method, after the Order has been placed. In the event of payment by bank transfer, the Customer shall pay within 2 (two) working days from receipt of the “Shipping Confirmation” in which the bank details for payment will be indicated. In the event of non-payment, the Seller will not ship the Products until full payment has been received.
In case of payment by credit card, the Seller will debit the amount due within the date of shipment of the Products.
In case of delayed payment, the Customer shall pay interest on arrears pursuant to Legislative Decree 231/2002 and its subsequent amendments.
9. Delivery of Products
9.1. Method and term for shipment. The Products will be shipped according to the methods chosen by the Seller, within 30 (thirty) working days from receipt of payment.
9.2 Failure to collect the Products. In the event that the Customer of the Product/s is not found at the address provided for the delivery of the Products or, in the event of failure to collect the package in storage at the courier’s warehouse, the Customer shall not be obliged to pay the price of the Products ordered and any storage costs shall be borne by the Customer. The Customer authorises the Seller to charge the storage costs incurred due to delayed delivery of the Products attributable to the Customer, by debiting the amount due by credit card, if the payment agreed was by credit card. If the Customer has chosen bank transfer as the payment method, the Customer undertakes to pay the Seller the costs for the storage of the Products within 2 (two) working days from the payment request sent by email from the Seller to the Customer.
9.3 Risk of loss of or damage to the Products. The risk of loss of or damage to the Products during transport shall remain with the Seller until delivery to the Customer. The Goods are sold subject to Incoterms® 2010 DAP (Return to Destination), and therefore in the event of export, Seller is not obliged to clear the Goods for import, pay any import duties or carry out any import customs formalities, and Customer shall pay the applicable value added tax (VAT) in its country.
9.4 Non-delivery or delayed delivery. Seller shall not be liable for non-delivery or delayed delivery of Products in the following cases:
(a) If the Seller’s suppliers have failed to deliver the goods for the manufacture of the Products within the agreed terms;
b) If the Seller is unable to procure the unavailable Products due to circumstances beyond its control.
In any case, the Seller must promptly inform the Customer of any unavailability of the Products.
9.5 Missed or delayed delivery due to force majeure. The Seller shall not be responsible for non-delivery or delayed delivery due to force majeure, such as – by way of example and not limited to: strikes, measures of the Public Authorities, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, wars, insurrections. The Seller shall promptly notify the Customer of the occurrence and disappearance of a force majeure event. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the Parties shall be entitled to withdraw from the Contract. In the event of withdrawal pursuant to this article, the Customer shall not be entitled to any compensation or indemnity of any kind, without prejudice to the right to a refund of any amounts already paid for the Product ordered.
10.1. Lapse and prescription period. If the Customer finds flaws and defects in the Products purchased, he may contact the Seller, under penalty of forfeiture, within 8 days of discovery, and report the flaw. The warranty is valid for a period of 1 (one) year from delivery of the defective Product. After this period, the Seller shall not be liable for any defects discovered by the Customer. In case of obvious defects, the Customer must report the defects within 10 (ten) days from the date of delivery of the Products, and the transport costs and any other expenses for the return of the Products shall be borne by the Customer.
10.2 Notification of the defect. The Seller invites the Customer to describe in as much detail as possible the nature of the defect found and, if necessary, to send a copy of the Order documents, indicate the Order number, and any other data useful for the correct identification of the claim.
10.3 Return of Products for defects. In the event that the warranty provides for the return of the Product to the Seller, the Product must be returned by the Customer with the original packaging complete in all its parts (including the documentation present inside the packaging, and any accessory equipment), within 10 days from the communication of the defect.
10.4 Exemption from warranty. The Products shall not be covered by the warranty for defects if the Customer has made improper use of the Products, or if the Products have been altered or modified without the Seller’s written consent, or have been stored in an inappropriate manner taking into account the characteristics of the Products, or have been installed incorrectly or without observing the installation instructions in detail.
10.5 Return of defective Products. The Customer undertakes to support the Seller in withdrawing defective Products from the market, if expressly requested by the Seller.
11. Right of withdrawal
11.1 Notice of withdrawal from the contract
The customer is entitled to withdraw from the contract, without stating any reasons, within 30 days from the day on which the customer or a third party other than the carrier and the designated customer acquires physical possession of the goods.
The right of withdrawal applied to this contract is excluded in respect of
- the supply of goods made to measure or clearly personalised;
- the supply of goods that are liable to deteriorate or expire rapidly;
In order to exercise the right of withdrawal, the customer shall inform Damiano Chiappini of its decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail) sent to the following references:
DAMIANO CHIAPPINI, VIA ADONE ZOLI 14, 63812 MONTEGRANARO (FM), VAT CODE 01253920449, TAX CODE CHPDMN58L011324W
– e-mail: firstname.lastname@example.org
In order to comply with the withdrawal period, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
11.2. Return of goods
The customer must return the goods or deliver them to Damiano Chiappini to the references above without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.
The direct costs of returning the goods will be borne by the customer.
11.3. Effects of withdrawal
If the customer withdraws from this contract, all the payments he/she has made in favour of Aldegheri Group srl will be refunded, including the delivery costs (with the exception of additional costs resulting from his/her choice of a type of delivery different from the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of his/her decision to withdraw from this contract.
The reimbursed value shall only refer to items in perfect condition and shall be proportionally reduced according to the deterioration of the items caused by the customer. However, the customer shall only be liable for any decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
The refund may be suspended until receipt of the goods or until the customer has demonstrated that he has returned the goods, whichever is earlier.
Such refunds will be made using the same means of payment as was used for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer will not incur any costs as a result of such a refund.
12. Protection of intellectual property rights
12.1 Site. The content of the Site, including but not limited to text, photos, trademarks, images, description of the Products, is owned and operated by the Seller and may not be copied, reproduced or disposed of in any way without the written consent of the Seller.
12.2 Printing of the material contained in the Site. The Customer may print the material contained in the Site only with the prior authorisation of the Seller.
13. Early Termination
13.1 Termination with immediate effect. Either Party may terminate this Contract with immediate effect, by notice in writing by a means of transmission that provides evidence and the date of receipt of the notice, in the event of material breach by the other Party or in the event of exceptional circumstances that justify early termination.
13.2 Circumstances of fundamental non-performance. The Parties agree that a breach of Articles 8.3, 8.5, 9.2, 9.5 of this Contract shall be deemed to constitute an essential breach of the Contract. In addition, any breach of contractual obligations shall be considered to be a material breach if, despite a Party’s written notice to perform, the requested Party fails to perform within fifteen (15) days.
13.3 Circumstances justifying early termination. The Parties agree to consider as circumstances justifying early termination the following situations: bankruptcy, composition or other insolvency proceedings, liquidation, transfer of assets to creditors, any substantial change in the control, ownership and/or management of one of the Parties as well as any circumstance capable of substantially affecting the ability of a Party to fulfil its obligations under this Contract.
14. Validity of the contract
14.1 Invalidity of a term. The nullity or invalidity of a term does not entail the nullity or invalidity of the whole Contract.
14.2 Replacement of the invalid clause. The Parties expressly agree to replace, where possible, the invalid or void clause with another provision having a content similar to their original intentions and consistent with the content of the contractual relationship between them.
Failure by the Seller to exercise its rights under this Contract shall not constitute a waiver on the part of the Customer to exercise such rights at a later date on the basis of different circumstances and/or to apply other provisions of the Contract.
16. Communications – Language of the Contract
16.1 Written form. The communications provided for in this Contract must be made in writing in Italian or in English, and sent by the Customer to the following address of the Seller:
DAMIANO CHIAPPINI, VIA ADONE ZOLI 14, 63812 MONTEGRANARO (FM), VAT CODE 01253920449, TAX CODE CHPDMN58L011324W
16.2 Language. This Contract, drawn up in Italian, may be translated by the other party into another language. In case of contrast in the terms, the meaning of the Italian version shall prevail.
These General Conditions of Online Sale are governed by Italian law.
18. Processing of Personal Data
18.1 The Personal Data collected and/or which will be requested and communicated by the Customer and which will come into the possession of the Seller shall be processed by the Seller in compliance with Article 13 of the European Regulation (EU) 2016/679 (hereinafter “GDPR”) and the European and national laws amending and/or supplementing it, and for the purposes provided for by this Contract.
18.2 The Data Controller is DAMIANO CHIAPPINI, VIA ADONE ZOLI 14, 63812 MONTEGRANARO (FM), VAT CODE 01253920449, TAX CODE CHPDMN58L011324W (hereinafter the “Data Controller”), which may be contacted at the contact details set out in Article 16 of this Contract.
18.3 Personal Data shall be processed by manual or computerized means, in any case suitable to guarantee their security and confidentiality, for the following purposes (i) correct and complete execution and/or conclusion of the Activities object of this Contract, (ii) fulfilment of the obligations deriving from national and/or European Union regulations or imparted by authorities legitimated to do so by law, and in particular the obligations provided for by fiscal and/or administrative regulations.
18.4 Failure to provide Personal Data prevents the completion of the contractual relationship which is the subject of this Agreement.
18.5 The Personal Data processed for the purposes indicated above shall be kept for the duration of this Contract and, subsequently, for the time during which the Data Controller is subject to conservation obligations for tax purposes, or other purposes provided for by law.
18.6 Personal Data may be communicated or made available for the same purposes as above, to categories of external and internal subjects (who will act as autonomous controllers, data processors or persons authorised to process), including but not limited to: professionals and consultants, employees and/or external collaborators, banking institutions, judicial or administrative authorities for the fulfilment of specific legal obligations.
18. 7 The Client shall in any case be entitled to: a) request access to the Personal Data held by the Data Controller and their possible rectification and/or integration; b) request from the Data Controller the cancellation or a limitation of the processing of Personal Data in the cases provided for by the GDPR; c) request and obtain from the Data Controller the portability of Personal Data; d) oppose the Processing of Personal Data in the hypothesis of direct interest to the Client; e) request and revoke consent for the hypotheses in which processing is based on consent; f) lodge a complaint with the Guarantor Authority for the protection of personal data – www. garanteprivacy.it.
These rights may be exercised by written communication to be sent via registered mail to the Controller at the addresses indicated in Article 16 of this Contract.
In accordance with what is established by articles 1341 and 1342 of the Italian Civil Code, the Client declares to specifically accept the following vexatious clauses:
art.6 “Prices”; art. 8 “Payment methods, invoices, reservation of title”; art.9 “Delivery of Products”; art. 10 “Warranty”; art. 12 “Protection of intellectual property rights”; art. 13 “Early termination”; art. 14 “Validity of the Contract”; art. 16.2 “Language”; art. 17 “Applicable Law”, art. 18 “Mediation and Arbitration Clause”.