Terms and conditions of Sale
The Consumer 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 Magdalena Manka's Eurosima.it with headquarters in Rome in Via Val Senio, 45-47, registered with the Chamber of Commerce of Rome in the Register of Companies, VAT number 11689511001 indicated below as "Supplier".
1.1. The expression "online sales contract" means the related purchase and sale contract
to the tangible movable property of the Supplier, stipulated between them and the consumer Buyer in the context of a distance selling system through telematic tools, organized by the Supplier.
1.2. The expression "consumer buyer" means the consumer a natural person who
makes the purchase, referred to in this contract, for purposes not related to commercial or professional activity
possibly carried out. The "Business buyer" is different, making purchases on behalf of the business
commercial or professional, if any.
1.3. The expression "Supplier" means the subject indicated in the epigraph or the subject
information service provider.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Consumer Buyer remotely purchases the tangible movable goods indicated and offered for sale on the website www.eurosima.it
2.2. The products referred to in the previous point are illustrated on the web page: www.eurosima.it
Method of entering into the contract
3.1. The contract between the Supplier and the Consumer Buyer is concluded exclusively through the Internet by accessing the Consumer Buyer at the address www.eurosima.it, where, following the procedures indicated, the Consumer Buyer will formalize the proposal for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The contract for the sale of products on the website www.eurosima.it is concluded by the receipt of the purchase order by the consumer purchaser to Eurosima.it, always after viewing a printable web page of the order, in the which are the details of the sender and the order, the price of the purchased good, the shipping costs and any additional additional charges, the methods and terms of payment, 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 Consumer Buyer, he / she sends an e-mail of confirmation or displays a web page of confirmation and summary of the order, printable, which also contains the data recalled in the previous point.
4.3. The contract is not considered concluded and effective between the parties if in default of what indicated in the previous point.
Methods of payment and refund
5.1. Each payment by the consumer Buyer can only be made by one of the methods indicated on the specific web page by the Supplier.
5.2. Any refund to the consumer buyer will be credited by one of the methods proposed by the supplier and chosen by the consumer buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 13, point 2 and ss. of this contract, at the latest within 30 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 accordance with the provisions of the current legislation on the protection of personal data.
Times and methods of delivery
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the consumer Buyer or indicated on the website at the time of purchase of the goods, as confirmed in the e-mail.
6.2. Shipping times may vary from the day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is unable to ship within this period, a timely notice will be given by e-mail to the Consumer Buyer.
6.3. The methods, times and shipping costs are clearly indicated and well highlighted at the address www.eurosima.it
7.1. All the sales prices of the products displayed and indicated on the www.eurosima.it site are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the consumer Buyer and also contained in the summary web page of 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.
8.1. 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, via email, will notify the Consumer Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order. or less.
8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
9.1. The Supplier assumes no responsibility for disservices attributable due to force majeure in the event that it is unable to execute the order within the times provided for in the contract.
9.2. The Supplier cannot be held responsible towards the consumer Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet outside of its own control or that of its subcontractors.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the consumer Buyer as a result of the non-execution of the contract for reasons not attributable to him, having the Consumer Buyer entitled only to the full refund of the price paid and any charges supported accessories.
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means, for the payment of the purchased products, if it proves that it has adopted all possible precautions in based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Consumer Purchaser be held responsible for delays or misunderstandings in payment if he proves that he has made the payment in the times and ways indicated by the Supplier.
Liability for defect, proof of damage and compensable damages: the Supplier's obligations
10.1. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged, within 3 months of the request, the identity and domicile of the producer or of the person who supplied him with the good .
10.2. The aforementioned request, by the Damaged, 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 to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer has put the product into circulation, it still did not allow to consider the defective product.
10.4. No compensation will be due if the Damaged has been aware of the defect of the product and of the danger that derives from it and nevertheless has voluntarily exposed himself to it.
10.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The injured party may request 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 injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years from the delivery of the goods.
11.2. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the Consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the Seller, by the producer or its agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has accepted also for conclusive facts.
11.3. The consumer purchaser loses all rights if he does not report the lack of conformity to the seller within 2 months from the date on which the defect was discovered. The report 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 6 months from the 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 consumer 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 too expensive 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, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the request of the consumer Buyer, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Consumer buyer, the latter may request, at his choice, a reasonable reduction in the price or the termination of the contract. In this case, the consumer Buyer must send his request to the Supplier, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the request of the Consumer Buyer, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the responsibility of the consumer Buyer to indicate the methods for re-crediting the amounts previously paid to the Supplier.
Obligations of the consumer Buyer
12.1. The consumer buyer agrees to pay the price of the goods purchased in the times and ways indicated in the contract.
12.2. Once the online purchase procedure is concluded, the consumer buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the consumer Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Right of withdrawal
13.1. In any case, the consumer buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times of returning or collecting the goods, 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 12 (twelve) months from the end of the initial withdrawal period and runs from the day of receipt of the goods by the Consumer.
13.3. If the consumer buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt. at Via Val Senio, 45-47, 00141 Rome (RM) or by e-mail to firstname.lastname@example.org as long as these communications are confirmed by sending a registered letter with return receipt. at the address in Via Val Senio, 45-47, 00141 Rome (RM) within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the receipt issued will prevail. For the purpose of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided in the same terms. The date of delivery to the post office or shipper will prevail between the Parties.
13.4. The return of the goods must however take place at the latest within 30 (thirty) 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 consumer purchaser cannot exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or 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 deteriorate rapidly, supply of newspapers, periodicals and magazines, as well as goods the price of which is linked to fluctuations in financial market rates which the professional is unable to control and in any other case provided for by art. . 55 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 accept them.
13.7. The Supplier will reimburse the entire amount paid by the Consumer Buyer free of charge within 30 (thirty) days from the receipt of the notice of withdrawal.
13.8. With the receipt of the communication with which the consumer 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 previous points of this article.
Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the consumer Buyer, as well as the guarantee of the successful completion of the payment that the Consumer Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the failure of only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial judgment.
Protection of confidentiality and processing of consumer Purchaser's data
15.1. The Supplier protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 196 *
15.2. Personal and fiscal personal data acquired directly and / or through third parties by the Supplier Pisani Srl, owner of the treatment, are collected and processed in paper, IT, telematic form, in relation to the processing methods for the purpose of registering the order and activating towards him the procedures for the execution of this contract and the related necessary communications, as well as the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to carry out the requested service in the best possible way (art . 24, paragraph 1, letter b, Legislative Decree 196/2003) ** 15.3. The Supplier undertakes to treat the data and information transmitted by the Consumer Buyer 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 transmit them to third parties. These data may be presented only upon request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
15.5. The consumer purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment occurs proves impossible or involves the 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 if pertinent 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.
15.6. The communication of your personal data by the consumer buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the request of the Consumer Buyer itself cannot be processed.
15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the consumer Purchaser will be able to direct any request at the company headquarters ***
15.9. Anything received by the Center's e-mail address (also electronic) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not in violation of the rights of others and truthful, in any case no responsibility can be attributed to the Center for the content of the messages themselves.
Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Consumer Buyer that every order sent is stored in digital / paper form on the server / at the Supplier's premises according to criteria of confidentiality and security.
Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Eurosima.it di Magdalena Manka - Via Val Senio, 45-47, 00141 Rome (RM), or sent by e-mail to the following address email@example.com. The Consumer 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.
Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Rome and resolved according to the Conciliation Regulations adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial Authority, the competent Court is that of the place of residence or elected domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and postponement
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided here, the legal provisions applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here. Art. 20 Final clause This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract. I ACCEPT THE CONDITIONS ABOVE INDICATED * Privacy Guarantor provisions - art. 154, 1 c) of Legislative Decree 196/2003 - Simplification of certain obligations in the public and private sphere with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, n. 152. ** General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal 21 June 2007, n. 142. *** "Unless a manager has been appointed by the Company in the person of Mr. __________ ".
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the object of this contract