Terms and conditions of the service
TERMS OF SALE
1.1. These general conditions of sale apply to any purchase of "ALBERTO NOLANO®" branded products that will be made through the e-commerce site www.albertonolano.it by users qualified as "Consumers" pursuant to the following article 1.2. Site, owned by FA.MA.di Alberto Nolano, with registered office in Corso Amedeo di Savoia 256 - 80136 Naples, Italy, VAT number 07999561215 and REA NA registration number - 924191
1.2 Purchases of Products made through the Site will see FA.MA. of Alberto Nolano, as the seller (hereinafter the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to his own business, commercial, craft or professional activity, as a buyer (hereinafter the " Consumer "), (Seller and Consumer will be hereinafter collectively referred to as the" Parties ").
1.3 Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the e-mail address firstname.lastname@example.org
1.4. Each purchase is governed by these general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.5. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers and, therefore, the possibility of purchasing Products on the Site is reserved exclusively for Consumers. They may not under any circumstances purchase Products on the Site. subjects that cannot be qualified as Consumers. At any time, the Seller will have the right to refuse orders or not to carry out any sales that the Seller, in its sole judgment, deems to have been generated by orders sent by persons who cannot be qualified as Consumers. If one or more sales are in any case made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, in derogation from the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in article 10;
b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8 or from any other guarantee provided by law;
c) the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.6. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address declared by the same during the registration on the Site.
1.7. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
1.8. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2 Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold by the Seller with the characteristics that are described on the Site at the time the order is sent by the Consumer and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the 'exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its own discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site of the new general conditions. of sale, as declared in the header of the general conditions themselves, and will apply only to sales concluded from that date. The Products are offered under the general conditions of sale published on the Site at the time of the conclusion of each sale, while stocks last.
2.3. Prices and Products for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to point 3 below, the Consumer is requested to check the final sale price.
2.4. The Seller reserves the right to modify, at any time and without the need to provide any notice, the Products for sale on the Site or their characteristics.
2.5 Users from all over the world can access the Site and the Site may contain references to Products that are not available or cannot be purchased in the country of the Site visitor.
2.6 The Products available on the Site can only be purchased by users who, in the section of the Site specifically dedicated, request their delivery in one of the countries indicated on the Site.
3. How to purchase the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or sending the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail communication to the Seller at 'address email@example.com
3.4.Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail
4. Procedure for selecting and purchasing Products
4.1. The Products presented on the Site can only be purchased through the purchase procedure on the Site and purchase and / or booking attempts made by e-mail, fax or other means other than the aforementioned purchase procedure are not considered valid or accepted. This procedure provides for the selection of the Products of interest to the Consumer, with their insertion in the specific virtual shopping cart. After the selection of the Products, to purchase the Products selected and placed in the cart, the Consumer will be invited to register on the Site, providing the requested data, or to log in, if the Consumer is already registered or to provide his own data in order to complete the order and allow the completion of the contract. In order to allow the purchase, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made, if they are different from the data provided at the time of registration. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate check-box. on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
5. Delivery of goods and acceptance
5.1. Generally the Site indicates the availability of the Products and the delivery times of the same, however, this information is to be considered purely indicative and not binding for the Seller. The Seller reserves the right to accept or reject the order received from the Consumer, depending on the actual availability of the Products, regardless of any indication contained in this regard on the Site, without the Consumer being able to make any claims or rights of any kind, to any title, including compensation, in the event of total or partial rejection of the order by the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 40 (forty) days from the date of payment of the price by the Consumer, unless the Products are not available in the Seller's warehouses.
5.3.Not being able to guarantee the availability of the Products indicated on the Site, if a Product ordered by a Consumer is not available for delivery despite the confirmation of the order, the Seller will promptly inform the Consumer of the unavailability of the Product and, within 40 (forty) days from this communication, the Consumer will be required to notify the Seller if he intends:
a) obtain reimbursement of any price already paid; that is
b) wait for the Products to become available at the Seller's warehouses, provided that they are still being produced by the Owner
In the latter case, the delivery will be made within 40 (forty) days from the date on which the Products will actually be available at the Seller's warehouses.
5.4. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check without delay, and in any case no later than 3 (three) days from receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform the Seller of any defect within this period. of the products received or of their discrepancy with the order placed, according to the procedure referred to in the following art. 9 of these general conditions of sale. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "with reserve".
5.5. Once the term referred to in the previous par. 5.4. without the Consumer having formulated complaints against the carrier / shipper, the Products delivered will be considered definitively accepted by the Consumer.
6. Prices, shipping costs, taxes and fees
6.1. The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. The prices of the Products indicated on the Site include the costs of standard packaging, VAT (if applicable) and any indirect taxes (if applicable), while they do not include the shipping costs that are calculated before the confirmation of the order sent by the Seller. to the Consumer and that the Consumer himself undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. Depending on the country in which the Products are to be delivered, the relative shipping costs will be displayed on the Site during the order creation process, which the Consumer undertakes to pay in addition to the price of the Products ordered.
6.3. The Consumer must pay the total price to the Seller, as reported in the confirmed order following the order confirmation sent by e-mail from the Seller to the Consumer.
6.4. If the Products must be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country where the products will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.
6.5.Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, are the sole responsibility of the Consumer.
6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous paragraphs. 6.4. and 6.5., at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
7.1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card, bank transfer or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Banco di Napoli, the operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible not even for the Seller.
7.3. If the payment is made by bank transfer in favor of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation.
7.4. The Seller will promptly send the Consumer, in electronic format via e-mail to the address declared by the same at the time of registration on the Site, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller's legal guarantee of conformity, reporting of lack of conformity and interventions under guarantee
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. . The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings in this regard provided by the Seller and / or by the Owner, or reported in the reference illustrative documentation, in the tags or in the labels.
8.2. The Consumer will have the burden of examining the Products as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-conformities within and no later than 2 (two) months from the discovery, sending to the Seller's Customer Service , by e-mail with at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and the tax receipt.
8.3.Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide , at its discretion, whether to authorize the return of the Products by providing the Consumer with a reply via e-mail to the address provided by the latter during the registration process on the Site The authorization to return the Products will in no way constitute recognition of defects or non-conformity, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice, within 30 (thirty) days of reporting the defect or non-conformity, to the following address: FA.MA. by Alberto Nolano - Corso Amedeo di Savoia 256 - 80136 Naples.
8.4. In the event that the Products are actually defective or non-compliant, the Consumer can obtain:
a) the replacement of the same with other Products of the same model that may be available at the Seller's warehouses, at no cost to the Consumer; that is, in the event that such Products are not available
b) the partial or total refund of the price paid, depending on the seriousness of the defects or discrepancies.
8.5. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made by bank transfer or, where possible, by the same means of payment used by the Consumer when purchasing the Product. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail to the address firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. .
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, is free from any liability, none excluded and / or excepted, indicating the name of the relevant product manufacturer.
10. Right of withdrawal
10.1. The Consumer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within 10 (ten) working days from the day of receipt of the ordered Products, for any reason and without having to motivate your decision in any way.
10.2. For the purposes of exercising the right of withdrawal, the Consumer must send the Seller within the aforementioned term, by registered letter with acknowledgment of receipt, the appropriate form correctly completed, together with the following documentation:
a) print of the Seller's e-mail containing the Order Confirmation;
b) copy of the tax receipt issued by the Seller following payment of the Product price.
The transmission of the form and the documentation indicated above may also be carried out, within the same term, also by e-mail, it being understood that, for the purposes of timeliness and validity of the communication, the latter it must be confirmed by registered letter with acknowledgment of receipt within the following 48 (forty-eight) hours; the registered letter is considered to have been sent in good time if delivered to the accepting post office within the 48 (forty-eight) hours just indicated. The aforementioned communications must be sent to FA.MA. by Alberto Nolano - Corso Amedeo di Savoia 256 - 80136 Naples, e-mail: email@example.com
10.3. In order for the right of withdrawal to be validly exercised, if the shipment or delivery to the Consumer of the ordered Products has already taken place, the Consumer must return the same within the peremptory term of 10 (ten) working days from receipt or within 10 (ten) days. working from the transmission of the form and the return code, together with the return form duly drawn up and complete with the return code provided, sending them or delivering them to:
FA.MA. by Alberto Nolano - Corso Amedeo di Savoia 256 - 80136 Naples
10.4. It is understood that the risks and transport costs relating to the return of the Products to the Seller will be borne by the Consumer.
10.5. In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case sent to the Seller intact (without any signs of wear, abrasion, scratches, deformations, etc.), complete with all their elements and accessories. , accompanied by the enclosed instructions / notes / manuals, original packaging and packaging and the guarantee certificate, where present. Failing this, the Consumer will not be entitled to a refund of the amount paid. To this end, therefore, it is advisable to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels.
10.6. The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.5.
10.7. If the verification of the returned Products has been successful and the right of withdrawal has been validly exercised by the Consumer within the terms and in the manner provided, the Seller will refund the Consumer the full amount paid for the purchase of the Products in the shortest time. possible and in any case within 30 (thirty) days from the date on which the Seller became aware of the consumer's exercise of the right of withdrawal. In any case, the Consumer will be responsible for the shipping costs and any duties or additional taxes paid by the latter for the return of the Product to the Seller.
10.8. The aforementioned reimbursement will be made by bank transfer in favor of the Consumer, the responsibility of the Consumer will be to communicate to the Seller, by filling in the appropriate field in the Return Form, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to repay the sum due. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment.
11. Intellectual Property Rights
11.1.The Consumer declares to be informed that all trademarks, names and other distinctive signs, as well as any distinctive mark, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of FAMA. of Alberto Nolano and / or its successors in title, without the Consumer having any right to the same from accessing the Site and / or purchasing the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of FA.MA. by Alberto Nolano.
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. With regard to the data relating to payments by credit card, the Seller uses the services of the Banca Sella company, which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Force majeure
14.1. The Seller will not be liable in the event of total or partial non-fulfillment of its obligations under any contract concluded pursuant to these general conditions of sale, if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable limits. control, including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and / or private workers, strike and / or restrictions on the viability of couriers and air links.
15. Applicable law and competent court
15.1. Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian law.In any case, any rights attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
15.2. For any dispute the Court of Naples will be exclusively competent, except in the case in which this provision is not applied due to mandatory laws in force in the consumer's country of residence.
The Parties may not assign or otherwise transfer any of their rights and obligations arising from these general conditions of sale to third parties, without the prior written consent of the other party.
17. Validity of theclauses
17.1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.
17.2. These general conditions of sale do not affect the rights attributed to the Consumer by Italian law.
17.3. In the event that a clause or a part of a clause of these general conditions should be considered invalid because in contrast or contrary to a law, all the other clauses of this agreement or parts of the same clause will remain fully valid and effective. t3>
18. Concluding provisions
The Consumer declares that he has not been induced to adhere to this contract by previous oral declarations..