CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS
The Purchaser expressly declares that the purchase of products is not intended in execution of its commercial or professional activity.
Identification of the Vendor
The goods covered by these general conditions and terms are sold by Gioielleria Tamburini Srl with headquarters in Rimini, Via Quattro Novembre 24 – 47921, VAT No. 02653930400, registered with the Rimini Chamber of Commerce, hereinafter referred to as “Vendor”.
1.1 The term “online sale contract” means the purchase and sale contract relating to the tangible movable property of the Vendor, entered into between such Vendor and the Purchaser as part of a telematic remote selling system, organized by the Vendor.
1.2 The term “Purchaser” means the consumer, a physical person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity that may be carried out.
1.3 The term “Vendor” means the juridical person indicated above, that is the service provider.
2) SUBJECT OF THE CONTRACT
2.1 By virtue of this contract, the Vendor sells and the Purchaser purchases, remotely and through telematic instruments, the movable property indicated and offered up for sale on the website www.gioielleriatamburini.it
2.2 The products referred to in the previous point are illustrated on the webpage www.gioielleriatamburini.it
3) STIPULATION OF THE CONTRACT
The contract between the Vendor and the Purchaser may only be stipulated on the Internet by the Purchaser accessing the website www.gioielleriatamburini.it
, where, following the procedures indicated, the Purchaser shall submit the purchase request for goods as indicated in point 1 of the previous article.
4) CONCLUSION AND VALIDITY OF THE CONTRACT
4.1 The purchase agreement is concluded through the precise completion of the request form and the express consent to purchase given by a confirmation sent online, that is, by means of the completion of the form annexed to the online electronic catalog found at the address www.gioielleriatamburini.it/carrello and the submission of the form after viewing a webpage providing the printable order summary with the details of the purchaser and the order, the price of the Product purchased, the delivery cost and any other applicable accessory costs, the procedure and terms of payment, the delivery address of the goods, the delivery times and an indication of the right of withdrawal.
4.2 Upon receiving the order from the Purchaser, the Vendor shall send a confirmation email or display a printable order confirmation and summary webpage also containing the details indicated in the previous point.
4.3 The contract shall not be considered concluded between the parties and effective in the event that the provisions contained in the previous point are breached.
5) PAYMENT AND REFUND METHODS
5.1 Every payment made by the Purchaser can only be made in one of the methods indicated in the special webpage by the Vendor.
5.2 Any refund to the Purchaser shall be done through one of the procedures proposed by the Vendor and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by clause 13, point 2 and subsequent ones of this contract, no later than 30 days from the date on which the Vendor became aware of withdrawal.
5.3 All communications related to payment shall take place through a special line of the Vendor protected by means of an encryption system. The Vendor ensures the storage of this information with a further level of security encryption and in compliance with the provisions of the applicable law on protection of personal data.
6) DELIVERY TIMES AND METHODS
6.1 No shipments shall be made to non-European Countries.
6.2 The Vendor shall deliver the selected and ordered products, in the manner selected by the Purchaser or indicated on the website at the time of the offer, as confirmed in the email referred to in 4.2.
6.3 Shipping times may vary from the day of the order to a maximum of 7 working days from confirmation. In the event that the Vendor is not able to make the shipment within that period but, in any case, within the one indicated in the following point, a timely notice shall be given via e-mail to the Purchaser.
6.4 Shipping methods, times and costs are clearly indicated and well highlighted on www.gioielleriatamburini.it
7.1 All sale prices for products displayed and indicated on the website www.gioielleriatamburini.it
are expressed in Euro and constitute an offer to the public pursuant to article 1336 of the Civil Code.
7.2 The sale prices as indicated in the previous clause are inclusive of VAT and any other tax. Shipping costs, if applicable, although not included in the purchase price, shall be indicated and calculated in the purchase procedure before submission of the order by the Purchaser, as well as contained on the order summary webpage.
7.3 The prices indicated for each of the products offered to the public are valid until the date specified in the catalog.
8) PRODUCT AVAILABILITY
8.1 By means of the telematic system used, the Vendor ensures the processing and prompt execution of orders. To this end, the Vendor indicates the number of products available and those unavailable, as well as shipping times, in real time on its electronic catalog.
8.2 Should an order exceed the warehouse stock, the Vendor shall notify the Purchaser via email of whether the product can no longer be booked, or of the waiting time for the reception of the selected product, asking the Purchaser whether the latter intends to confirm the order or not.
8.3 The Vendor’s telematic system confirms the registration of the order in the shortest possible time by sending the user a confirmation email, in accordance with point 4.2.
9) LIMITATION OF RESPONSIBILITY
9.1 The Vendor shall not be held responsible for inefficiencies resulting from force majeure, should it fail to process the order within the time frames laid down in the contract.
9.2 The Vendor shall, except in case of willful misconduct or gross negligence, not be held responsible against the Purchaser for inefficiencies o malfunctioning resulting from the use of the Internet and which are beyond its own or its sub-vendors’ control.
9.3 The Vendor shall not be held responsible for damage, losses and costs incurred by the Purchaser following the non-conclusion of the agreement for reasons for which it is not responsible; the Purchaser shall only be entitled to a full refund of the purchase price paid and any accessory costs incurred.
9.4 The Vendor shall not assume any responsibility for fraudulent and illegal use by third parties, of the credit cards, cheques and other means of payment, upon payment of the Pro-ducts purchased, provided it proves the implementation of all possible precautions, adopted on the basis of the best known skill, experience and due diligence.
9.5 Under no circumstances may the Purchaser be held responsible for delays or problems in payment should he/she prove that the payment was made within the time-frames and in the manner indicated by the Vendor.
10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND ALLOWABLE DAMAGES: VENDOR’S OBLIGATIONS
10.1 Pursuant to articles 114 and subsequent of the Consumer Code, the Vendor is responsible for the damage caused by defects in the products sold if it fails to notify the injured party, within three months of the request, of the identity and domicile of the manufacturer or of the person who supplied the products.
10.2. The aforementioned request by the injured party shall be made in writing and indicate the product that caused the damage, the place and date of purchase; it shall also contain the offer in view of the product, if still existing.
10.3 The Vendor shall 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 the manufacturer put the product into circulation did not yet show the defectiveness of the product.
10.4 No compensation shall be due if the injured party has been aware of the defect in the product and of the danger deriving from it, and has nevertheless voluntarily exposed itself to it.
10.5 In any case, the injured party shall prove the defect, the damage, and the causal connection between the defect and the damage.
10.6 The injured party may claim damages for death or personal injury or for 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 Damage to things referred to in article 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).
11) GUARANTEE AND ASSISTANCE METHODS
11.1 The Vendor is liable for any lack of conformity that occurs within two years from the delivery of the products. For precious and non-precious items sold as used, the guarantee shall be valid for 12 or 24 months. In this case the Vendor shall issue a written certificate with the validity of the guarantee. It is understood that the product may not be tampered with by any other professional or repairer, due to the forfeiture of the guarantee itself. Any cost related to the shipping of the item from the Purchaser to the Vendor shall be borne by the Purchaser. Shipping from the Vendor to the Purchaser shall be borne by the Vendor.
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 products of the same type are normally used; b) they comply with the description made by the Vendor and possess the qualities of the products that the Vendor has introduced to the Purchaser as a sample or model; c) they present the usual quality and performance of product of the same type, which the consumer can reasonably expect, taking into account the nature of the product and, where appropriate, public declarations on the specific characteristics of the products made in this regard by the Vendor, by the manufacturer or its agent or representative, particularly in advertising or on labels; d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the Vendor at the time of concluding the contract and which the Vendor has accepted even by implication.
11.3 The Purchaser loses all rights if he or she does not report the lack of conformity to the Vendor within two months from the date on which the defect was discovered. The complaint is not necessary if the Vendor has acknowledged the existence of the defect or has concealed it.
11.4 In any case, unless proven otherwise, it is presumed that the lack of conformity that occurs within six months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.
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 products, a reduction in the purchase price or the termination of this contract, unless the request cannot objectively be satisfied or is too expensive for the Vendor pursuant to article 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing, by registered letter with return receipt, to the Vendor, which shall indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same notice, if the Vendor has accepted the Purchaser’s request, it must indicate the methods of shipping or returning the products as well as the deadline for returning or replacing the defective products.
11.7 If the repair and replacement are impossible or excessively expensive, or the Vendor has not repaired or replaced the products within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconveniences to the Purchaser, the latter may request, at his or her choice, a reasonable reduction in the price or termination of the contract. In this case, the Purchaser must send his or her request to the Vendor, which shall indicate its willingness to proceed with the same, or the reasons that prevent it from doing so, within seven working days of receipt.
11.8 In the same notice, if the Vendor has accepted the Purchaser’s request, it must indicate the proposed price reduction or the methods for returning the defective products. In such cases it shall be the responsibility of the Purchaser to indicate the methods for recrediting the amounts previously paid to the Vendor.
12) PURCHASER’S OBLIGATIONS
12.1 The Purchaser undertakes to pay the price of the purchased products in the times and ways indicated in the contract.
12.2 The Purchaser undertakes, once the online purchase procedure is completed, to print and keep this contract.
12.3 The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Purchaser shall be entitled to withdraw from the contract, without incurring any penalty and providing reason therefore, within 10 (ten) working days, calculated from the date of receipt of the purchased item.
13.2 Should the Vendor have failed to satisfy the obligation of giving information on the existence, procedure and time-frames applicable for the return or recall of the Products in the event of exercise of the right of withdrawal laid down by Art. 52 of the Consumers’ Code, the term for exercising the right of withdrawal shall be that of 90 (ninety) days and shall run from the date of receipt of the Products by the Purchaser.
13.3 Should the Purchaser decide to exercise the right of withdrawal, he or she shall inform the Vendor by means of registered letter with return receipt sent to the address Gioielleria Tamburini via IV Novembre, 24 47923 Rimini or via certified email: email@example.com. The postmark date shall be proof of receipt between the Parties. For the purpose of exercising the right of withdrawal, the transmission of the notice may validly be replaced by the return of the purchased item, as long as it takes place in the agreed terms. The postmark date of the post office or the courier shall be proof of dispatch.
13.4 Nevertheless, the return of the purchased item shall take place within 14 (fourteen) days from date of receipt at the latest. However, to be entitled to full reimbursement of the purchase price paid, the purchased item shall be returned in full and in a regular state of preservation.
13.5 The Purchaser may not exercise this right of withdrawal for purchase contracts for sealed audiovisual products or computer software, which have been opened by the same, as well as products made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or altering rapidly, supply of newspapers, journals and magazines, as well as products the price of which is linked to fluctuations in the rates of the financial market which the Vendor is not able to control and in any other case provided for by article 55 of the Consumer Code.
13.6 The only costs due by the Purchaser for the exercise of the right of withdrawal under this clause shall be the delivery costs for return of the Products to the Vendor, except in case the Vendor agrees to take charge of them.
13.7 The Vendor shall reimburse the full sum paid by the Purchaser without charge within 30 (thirty) days of notification of withdrawal.
13.8 Upon receipt of notification of the exercise of the right of withdrawal by the Purchaser, the Parties to this contract shall be released from all reciprocal obligations, subject to the conditions laid down by the previous paragraphs of this clause.
14) RESOLUTION CAUSES
14.1 The obligations undertaken by the Purchaser under 12.1, as well as the guarantee of successful completion of payment made by the Purchaser with the means referred to in 5.1, and also the exact fulfillment of the obligations undertaken by the Vendor under 6, are substantial, so that by express agreement, the failure to fulfill only one of these obligations, unless determined by unforeseeable circumstances or force majeure, shall result in the resolution of contract pursuant to article 1456 of the Civil Code, without the requirement of any judicial decree.
15) PRIVACY PROTECTION AND PROCESSING OF THE PURCHASER’S DATA
15.1 The Data Controller for operations connected and instrumental to the use of the website for the pursuit of the purposes indicated below is Gioielleria Aldo Tamburini S.r.l, via IV Novembre, 24 - 47923 Rimini P.IVA: 02653930400, tel. 054154163, e-mail firstname.lastname@example.org
15.2 You can contact the Data Protection Officer (DPO or DPO) appointed by Gioielleria Aldo Tamburini Srl at any time for questions relating to the exercise of the rights of the data subjects, to request information on the personal data concerning you processed by the Data Controller and to consult the updated list of Data Processors.
15.3 Personal data processing means any operation or complex of operations, carried out even without the aid of electronic tools, concerning the collection, registration, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, cancellation and destruction of data, even if not registered in a database.
The personal data provided by users who submit requests are used for the sole purpose of executing the requests forwarded and are communicated to third parties only if this is strictly necessary and/or functional for this purpose, in compliance with the specific information provided. Personal data are processed by personnel specifically authorized and instructed by the Data Controller to process them to the extent that this is necessary for the performance of their duties, only carrying out only the operations necessary for fulfilling such duties.
15.4 The processing we intend to carry out has the following purposes and legal bases:
a) purpose: registration of a personal account on the website and creation of one’s own profile, which requires the collection, storage and processing of data aimed at the establishment and subsequent operational, technical and administrative management of the relationship (and of the account and profile created by the user) for the use of the website and any subsequent use of the services made available through the website itself;
legal basis: provision of the service requested by the user and execution of pre-contractual measures at the request of the same, pursuant to article 6, letter b), EU Reg. 679/2016;
b) purpose: fulfillment of legal, accounting, tax, administrative and contractual obligations related to the provision of the requested services;
legal basis: fulfillment of a legal obligation to which the Data Controller is subject, pursuant to article 6, letter c), EU Reg. 679/2016;
c) purpose: management of relations with third party authorities and public bodies for purposes related to particular requests, the fulfillment of legal obligations or particular procedures;
legal basis: fulfillment of a legal obligation to which the Data Controller is subject, pursuant to article 6, letter c), EU Reg. 679/2016;
d) purpose: preparation of initiatives aimed at improving the services provided, such as the possible conduct of surveys to obtain suggestions from customers and the sending of communications on promotional and/or commercial initiatives, on new products and services, by sending illustrative, informative and advertising material, by ordinary mail, telephone, e-mail, SMS and other automatic communication systems;
legal basis: consent of the data subject, pursuant to article 6, letter a), EU Reg. 679/2016.
15.5 The data processed shall be mainly as follows:
a) name, address or other identification elements (VAT number/tax code) and contact details (e-mail address/telephone/cellphone);
b) username and password used to register the personal profile;
c) IP addresses and browsing data.
15.6 The data being processed shall be collected as follows:
a) data collection directly from the data subject, also carried out by electronic means;
b) storage of data in databases in a mainly automated form.
15.7 The processing of data shall take place in a mainly automated form, through the use of tools and procedures suitable for guaranteeing security and confidentiality, even when using technologically more advanced means such as the Internet.
Processing shall be carried out with the aid of the following supports:
o paper support;
o electronic support.
The acquired data shall be processed in compliance with current regulations and in accordance with the principles of correctness, transparency, non-excess with respect to the aim pursued, protection of your privacy and of the rights pertaining to you.
15.8 Personal data shall be kept for the time strictly necessary to give proper fulfillment of the obligations contractually assumed by the Data Controller towards the data subject and within the purposes indicated above, and, however, for the time allowed by current legislation.
When processing is carried out on the basis of your consent, the data shall be deleted upon your request and/or after the maximum terms allowed by law or by provisions of the Guarantor Authority.
15.9 The personal data acquired shall be protected from unauthorized access, use or disclosure. Such data may only be accessed by personnel authorized and instructed by the Data Controller with their own authentication credentials, and all necessary security procedures shall be applied to protect them from violations by unauthorized personnel, both locally and on the network, including access tracking procedures and the service coding operations carried out. All personal data that are provided to us shall, in fact, be kept in a safe and controlled environment. To this end, physical, electronic, and organizational processes have been set up to safeguard and protect the information collected. Specific security measures shall be observed to prevent data loss, illicit or incorrect use and unauthorized access.
15.10 The information released may be communicated only to the following subjects or categories of subjects:
1. police forces, armed forces, and other public administrations, for the fulfillment of obligations under the law, regulations, or community legislation;
2. parent companies, subsidiaries and/or associates and companies belonging to the same corporate group as the Data Controller;
3. subjects expressly designated by the Data Controller as data processors pursuant to article 28 of EU Reg. 679/2016.
The personal data collected shall not be transferred and/or sold to other third parties.
15.11 The provision of data that are requested as essential for fulfilling legal obligations and for the provision of services and for the fulfillment of contractual obligations by the Data Controller is required: in such cases your refusal to communicate the information requests determines the inability to use the services made available through the website.
The provision of data that are requested for the purposes referred to in point d) above is optional, as the legal basis for such processing is your consent, which is always free and optional. Therefore, your refusal to such processing makes it impossible for the Data Controller to carry out the related processing operations, but there are no other consequences. In particular, there are no repercussions of any kind on the execution of the activities based on the contractual relationship with the Data Controller.
15.12 Finally, we inform you that, as a data subject, you are entitled to access, at any time, the data concerning you processed by the Data Controller (right of access) in order to verify its correctness and to verify the lawfulness of the processing carried out. You may also exercise all the rights recognized by current national and European legislation on the protection of personal data (from EU Reg. no. 2016/679): in particular, you may request, at any time, the correction and updating of incorrect data, the limitation of processing carried out and the cancellation of the same (right to be forgotten), as well as file a complaint with the Guarantor Authority for the protection of personal data, and revoke at any time the consent possibly given for each processing, without prejudice to the lawfulness of the processing carried out before such revocation. Finally, we inform you that the possibility of objecting to the processing of data concerning you carried out for direct marketing purposes (right of opposition) is always recognized. You can exercise your rights by sending a specific request in writing to the Vendor and the Data Protection Officer, at the addresses indicated above.
16) CONTRACT ARCHIVING PROCEDURE
16.1 In accordance with article 12 of Law Decree no. 70/03, the Vendor shall inform the Purchaser that any order submitted is stored in digital/paper format on the server at the Vendor’s headquarters in compliance with confidentiality and security standards.
17) NOTIFICATIONS AND COMPLAINTS
17.1 Written notifications directed to the Supplier and any complaints shall be considered valid only if sent to the following address: email@example.com
. The Purchaser indicates in the registration form his or her residence or domicile, telephone number or the e-mail address to which he or she wishes the Supplier’s notifications to be sent.
18.1 All disputes arising from this contract shall be submitted to the Rimini Chamber of Commerce and resolved in accordance with to the Conciliation Regulations adopted by the same.
18.2 Should the Parties intend to appeal to the ordinary judicial authority, the competent court shall be that of the consumer’s place of residence or domicile, pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005.
19) APPLICABLE LAW
19.1 This Contract shall be governed by Italian law.
19.2 Unless otherwise expressly indicated, the provisions of law applicable to relationships and the cases contained in this contract, and in particular article 5 of the 1980 Convention of Rome, shall apply.
19.3 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.
20) FINAL CLAUSE
This contract repeals and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject of this contract.