General terms and conditions of sale
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out.
Identification of the Supplier.
The goods covered by these general conditions are put up for sale by Punto Bianco 1986 di Lorenzo Rognoni based in Arma di Taggia, via Blengino n. 43, enrolled at Camera di commercio industria artigianato e agricoltura Riviere di Liguria - Imperia La Spezia Savona al n. IM - 204128 of the Commercial Register, codice fiscale n. RGNLNZ70E09F205E e partita IVA n. IT01652260082 hereinafter referred to as "Supplier".
1.1 By the expression "online sales contract", we mean the contract for the purchase and sale of the Supplier's tangible movable property, stipulated between the latter and the Purchaser within the framework of a distance sales system using telematic means, organised by the Supplier.
1.2 The expression "Purchaser" means the consumer who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity that may be carried out.
1.3 The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.
2) SUBJECT MATTER OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Purchaser buys remotely through telematic means the tangible movable goods indicated and offered for sale on the site www.puntobianco.info
3) METHOD OF CONCLUSION OF THE CONTRACT
The contract between the Supplier and the Purchaser shall be concluded exclusively through the Internet by means of the Purchaser's access to the following address www.puntobianco.info where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the 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 filling in of the request form and the consent to the purchase expressed through the adhesion sent online or through the filling in of the form/module attached to the online electronic catalogue at the following address www.puntobianco.info and the subsequent submission of the form/module itself, always after viewing a web page summarizing the order, printable, in which are listed the details of the ordering party and the order, the price of the goods purchased, shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered.
4.2 When the Supplier receives the order from the Purchaser, he shall send a confirmation e-mail or display a printable web page confirming and summarising the order, which shall also contain the data referred to in the previous point.
4.3 The contract shall not be deemed to have been concluded and effective between the parties in default of the foregoing point.
5) METHOD OF PAYMENT AND REFUND
5.1 Any payment by the Purchaser may only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2 Any possible refund to the Buyer will be credited by bank transfer to the following code IBAN BIC/SWIFT by means of a procedure for reversal of the amount charged to the Purchaser's credit card, in a timely manner and, in the event of exercise of the right of withdrawal, as governed by clause 13, point 2 et seq. of this contract, no later than fourteen days from the date on which the Purchaser has returned the goods intact and complete in their original packaging to the Supplier.
5.3 All communications relating to payments are made on a special 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 regulations on the protection of personal data.
6) DELIVERY TIME AND METHOD
6.1 The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser 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 in Italy may vary from the day of credit to a maximum of 10 working days from confirmation of credit. In the event that the Supplier is not able to make the shipment within this time limit but, in any case, within the time limit indicated in the following point, the Purchaser will be promptly notified by e-mail.
6.3 The shipping methods, times and costs are clearly indicated and well highlighted on the site in the section Shipping and Right of Withdrawal at the address http://www.puntobianco.info/index.php?id_cms=1&controller=cms
7.1 All sales prices of the products displayed and indicated on the website www.puntobianco.info, are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2 The sales prices, referred to in the previous point, include VAT and any other taxes. The shipping costs and any additional charges (e.g. customs clearance), if any, although 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 in the order summary web page.
8) PRODUCT AVAILABILITY
8.1 The Supplier ensures the processing and execution of orders without delay through the telematic system used. For this purpose it indicates in real time, in its electronic catalogue, the number of products available and those not available, as well as shipping times.
8.2 Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Purchaser if the goods are no longer bookable or what are the waiting times to obtain the chosen goods, asking if he intends to confirm the order or not.
8.3 The Supplier's computer system shall confirm the registration of the order as soon as possible by sending the user an e-mail confirmation in accordance with point 4.2.
9) LIABILITY LIMITATIONS
9.1 The Supplier accepts no responsibility for inefficiencies attributable to force majeure, in the event that he is unable to execute the order within the time limits set out in the contract.
9.2 The Supplier shall not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet network beyond his control or that of his sub-suppliers..
9.3 Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Purchaser as a result of non-performance of the contract for reasons not attributable to him, the Purchaser being entitled only to the 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, when paying for the products purchased, if he can prove that he has taken all possible precautions based on the best knowledge and experience at the time and on ordinary diligence.
9.5 In no case can the Purchaser be held responsible for delays or misunderstandings in payment if he can prove that he has made the payment in the time and manner indicated by the Supplier.
10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: THE OBLIGATIONS OF THE SUPPLIER
10.1 Pursuant to articles 114 and following of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to inform the injured party, within three months of the request, of the identity and domicile of the manufacturer or the person who supplied him with the goods.
10.2. The above 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 still existing.
10.3 The Supplier cannot be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered as defective.
10.4 No compensation shall be due if the injured party has been aware of the defect in the product and the resulting danger and has nevertheless voluntarily exposed 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 damaged party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the damaged party.
10.7 The damage to property referred to in art. 123 of the Consumer Code shall, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11) GUARANTEES AND ASSISTANCE
11.1 In case of lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.2 The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, he will have to indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.3 If repair and replacement is impossible or excessively expensive, or if the Supplier has not repaired or replaced the goods within the period referred to in the preceding paragraph, or if the replacement or repair previously carried out has caused the Purchaser considerable inconvenience, the Purchaser may, at his option, request an appropriate reduction in price or termination of the contract. In this case the Purchaser shall send his request to the Supplier, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within seven working days of receipt.
11.4 In the same communication, if the Supplier has accepted the Purchaser's request, he shall indicate the reduction of the proposed price or the modalities for returning the defective goods. In such cases it shall be the Purchaser's responsibility to indicate how the sums previously paid to the Supplier are to be credited back..
12) BUYER'S OBLIGATIONS
12.1 The Buyer undertakes to pay the price of the goods purchased in the time and manner indicated in the Contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and preserve 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 prior to confirmation of purchase.
13) RIGHT OF WITHDRAWAL
13.1 The Purchaser has in any case the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the goods purchased.
13.2 In the event that the trader has not fulfilled the obligations of information on the existence, manner and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal under Article 52 of the Consumer Code, the period for the exercise of the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
13.3 If the Buyer decides to avail himself of the right of withdrawal, he must inform the Seller by filling in the online form/module at the following address www.puntobianco.info/index.php?controller=contact and confirmed by a communication from us authorizing the return. The parties shall be deemed to be the parties to the contract as evidenced by the postmark affixed by the post office on the receipt issued. For the purpose of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that within the same terms. The date of delivery to the post office or to the forwarding agent shall be considered as the date of delivery between the parties.
13.4 The goods must in any case be returned 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 and any accessories, in their original packaging, must be returned intact and, in any case, in normal condition.
13.5 The Purchaser may not 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, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the trader is unable to control and in any other case provided for in Article 55 of the Consumer Code.
13.6 The only expenses payable by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier and the delivery costs if the Purchaser has expressly chosen a type of delivery other than the least expensive type offered by the Supplier.
13.7 The Supplier will refund the full amount paid for the goods by the Purchaser free of charge within 14 (fourteen) days from receipt of the return of the goods, in the original conditions, to the Supplier.
13.8 Upon receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the preceding points of this article.
14) CAUSES OF RESOLUTION
14.1 The obligations referred to in point 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 art. 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfilment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA
15.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy regulations of Legislative Decree no. 1961 of 30 June 2003.
15.2 Personal and fiscal data acquired directly and/or through third parties by the Supplier Punto Bianco 1986 di Lorenzo Rognoni, the data controller, are collected and processed in paper, computer, telematic form, in relation to the processing methods with the aim of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to better perform the service required (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003)2.
15.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to pass them on to third parties. Such data may only be produced at the request of the judicial authorities or other authorities authorized by law.
15.4 The 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 Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, namely:
the right to obtain:
a) updating, rectification or, where interested therein, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. 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 if pertinent to the purpose of collection;
ii) to the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for 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 this, the Purchaser's request cannot be processed.
15.7 In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.
15.8 The owner of the collection and processing of personal data is the Supplier, to whom the purchaser may address any request at the company headquarters.
15.9 Anything sent to the e-mail address (including electronic mail) of the Centre (requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data of a confidential nature, shall not violate the rights of others and shall contain valid information, not detrimental to the rights of others and truthful, in any case the Centre cannot be attributed any responsibility for the content of the messages themselves.
16) HOW TO ARCHIVE THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser 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.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Punto Bianco - Via Blengino, 43 - 18018 Taggia (IM) ITALY, or by filling in the form/module on line at www.puntobianco.info/index.php?controller=contact . The Purchaser shall indicate in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier's communications to be sent.
18) DISPUTE SETTLEMENT
18.1 All disputes arising out of this contract will be referred to the Camera di commercio industria artigianato e agricoltura Riviere di Liguria - Imperia La Spezia Savona and resolved according to Regolamento di Conciliazione adopted.
18.2 If the Parties intend to refer the matter to the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, which is mandatory pursuant to Article 33, paragraph 2, letter u) of Legislative Decree no. 206/2005.
19) APPLICABLE LAW AND REFERRAL
19.1 This contract is governed by Italian law.
19.2 Insofar as not expressly provided for herein, the provisions of the law applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980, shall apply.
19.3 Pursuant to art. 60 of Legislative Decree 206/05, the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to herein.
20) FINAL CLAUSE
This contract repeals and replaces all previous agreements, understandings, negotiations, written or oral, between the parties and relating to the subject matter of this contract.