Contract type for consumption goods on line sale
The Customer declares expressly to perform the purchase for aims extraneous to the exercised commercial or professional activity.
The goods/objects of the present general condition are on sale by Fattoria di Montemaggio S.R.L., with head office/branch in Radda in Chianti, place/street Località Montemaggio, enrolled c/o Chamber of Commerce of di Siena n.04311480489 of the Firms register, tax number 04311480489, VAT number 00866260524 here indicated as “Supplier”.
1.1. With the expression “online sale contract”, we intend: the sale contract regarding the Supplier materials/personal properties, drawn up between the Supplier and the Buyer, in the sale system on distance through telematic instruments, organized by the Supplier.
1.2. With the expression “Buyer” we intend: the consumer physical person that performs the purchase, included in the present contract, for aims not reportable to the commercial or professional activity eventually performed.
1.3. With the expression “Supplier” we intend: the Company that is undertaking to to supply the material/ personal properties.
2.1. With the present contract, respectively, the Supplier sales and the Buyer buys on distance through telematic instrument the indicated materials/personal properties that are offered on sale on the website www.montemaggio.com.
2.2. The above mentioned products are showed in the web page: www.montemaggio.com
Contract drawing up modality
3.1. The contract between the Supplier and the Buyer is concluded exclusively through Internet, when the Buyer has access to the address www.montemaggio.com, where, following the indicated procedures, the Buyer will formalize the proposal and the contract for the properties (see point 2.1 of the present article).
Contract conclusion and effectiveness
4.1. The purchase contract concludes through the exact compilation of the requested module and thus the purchase approval performed with the agreement sent online or with the form/module compilation annexed to the online electronic catalogue to the address www.montemaggio.com. The successive sending of the same form/module, always upon visualization of the printable order summary web page, where the details of the order, such as the order data, the purchased goods price, the shipment expenses, the possible further accessories charges, the payment modalities and terms, the address of the Buyer, the delivery time and the existence of the withdrawal right, are visible
4.2. When the Supplier receives from the Buyer the order, he provides the confirmation e-mail of the shipment or the confirmation web page visualization and the pribtable order summary, where the data described in the previous points, are showed.
4.3. The contract cannot be considered effective between the parties in case there are discrepanies in the points stated above.
Payment and refund modalities
5.1. Every payment on behalf of the Buyer will be able to happen only through one of the methods showed in the appropriate web page from the Supplier.
5.2. Every possible refund to the Buyer will be credited through one of the modalities proposed from the Supplier and chosen by the Buyer, in a promptly way and, in case of the withdrawal right exercise, so as regulated from the art. 13, point 2 and successive of the present contract, at maximum within 30 days from the date where the Supplier received knowledge of such withdrawal.
5.3. All communication about the payments happen on an appropriate line of the Supplier protected from coding system. The Supplier guarantees the memorization of these information with a further safety coding level and in obedience of what foreseen from the actual discipline about the personal data protection.
Delivery times and modality
6.1. The Supplier will provide to deliver the selected and ordered products, with the modalities chosen from the Buyer or showed on the website during the goods offer, so as confirmed in the e-mail described in the point 4.2.
6.2. The delivery times can change from the same order day to a maximum of 30 working days from the same confirmation. If the Supplier isn’t able to perform the delivery within this term but, however, within that showed to the following point, a notice will be given via e-mail to the Buyer.
6.3. The modalities, the times and the shipment costs are clearly showed and well highlighted to the address www.montemaggio.com.
7.1. All sale prices of the products exposed and showed inside the Internet web
www.montemaggio.com are expressed in euro and constitute offer to the public on the basis of the art. 1336 c.c.
7.2. The sale prices of the previous point, are inclusive of VAT and of every possible other tax. The shipment costs and the possible accessories charges (for example clearing), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order shipment from the Buyer side and also included in the performed order summary webpage.
7.3. The prices indicated in correspondence of the goods offered to the public have validity up to the date showed in the catalogue.
8.1. The Supplier assures through the used telematic system the orders elaboration without delay. It shows in real time, in own electronic catalogue, the available products number and those which are not available, and also the shipment times.
8.2. If an order should exceed the quantity existent in the warehouse, the Supplier, with an e-mail, will inform the Buyer if the goods are not available or the length of the waiting to obtain those goods.
8.3. The Supplier computer system confirms in the shortest possible time the happened order registration sending to the User a confirmation via electronic mail, on the basis of the point 4.2.
9.1. The Supplier doesn’t assume any responsibility for inefficiencies due to the circumstances beyond one’s control if he doesn’t try to give execution to the order in the times foreseen from the contract.
9.2. The Supplier will be not responsible to the Buyer, except for fraud or gross negligence, for inefficiencies or malfunctioning connected to the Internet use outside of the own/sub suppliers control.
9.3. The Supplier will be not responsible about the damages, lacks and costs suffered by the Buyer after the lacked execution of the contract for causes not imputable to him, the Buyer having rights only to the integral return of the corresponded price and of the possible sustained accessories charges.
9.4. The Supplier doesn’t assume any responsibility for the possible fraudulent and illicit use that can be performed from a third party, of the credit cards, cheques and other payment means, for the purchased products payment, if he demonstrates to have adopted all possible cautions on the basis of the best science and experience and on the basis of the ordinary care.
9.5. In none case the Buyer will be able to be retained responsible for delays or mistakes in the payment if he demonstrates to have performed the payment in the times and ways showed from the Supplier.
Responsible from defect, damage test and compensable damages; the Supplier obligations.
10.1. On the basis of the articles 114 and successive of the consumption Code, the Supplier is responsible of the damage provoked from the sold goods defects if he omits to communicate to the Supplier, within the term of 3 months from the request, the identity and the producer address or the person that has supplied to him the goods.
10.2. The above request, from the Suppliers part, must be performed in written form and must indicate the product that has provoked the damage and the purchase date; besides it must include the product offer, if yet existent.
10.3. The Supplier will be not able to be retained responsible of the consequences derived from a defective product if the defect is due to the product conformance, to an imperative legal standard or to a binding measure, or if the scientific and technical knowledge conditions, during which the producer has put in circulation the product, not allowed yet to consider the products defectiveness.
10.4. None compensation will be performed if the Damaged has been conscious of the product defect or of the danger that can derive and however he is voluntary exposed.
10.5. In every case the Supplier will have to demonstrate the defect, the damage and the causal connection between the defect and the damage.
10.6. The Supplier will be able to ask the damages refund provoked from the death or from personal lesions or from the thing destruction or damaging different from the defective product as long as type normally destined to the use or private consumption and so mainly used by the Supplier.
10.7. The damage to things (see art. 123 of the consumption Code) will be compensable only in the measure that exceeds the sum of three hundred eighty seven euro (€ 387).
Guarantees and assistance modalities
11.1. The Supplier answers for every possible conformance defect within the term of 2 years from the goods delivery.
11.2. To the aims of the present contract we assume that the consumption goods are in conformance with the contract if, where pertinent, coexist the following circumstances: a) are suitable to the use to which goods of the same type serve usually; b) are in conformance with the description made from the Seller and have the goods qualities that the Seller has presented to the Consumer as sample or model; c) have the qualities and the goods performances that the Consumer can reasonable expect, taking into account of the goods nature and, if of the case, some public declarations on the goods specific characteristics performed from the Seller, from the producer or from his agent or sales representative, in particular in the advertising or on the labeling; d) are also suitable to the particular use wanted from the Consumer and that has been known from the Seller during the contract conclusion and that the Seller has accepted also for concluding facts.
11.3. The Buyer decays from every right if doesn’t report to the Seller the conformance defect or has concealed it.
11.4. In every case, except on the contrary, we presume that the conformance defects that appear within 6 months from the goods delivery were yet in this date, unless that this hypothesis is incompatible with the goods nature or with the conformance defect nature.
11.5. In case of conformance defect, the Buyer will be able to request, alternatively and without expenses, to the here followed conditions, the repair or the acquired goods change, a purchased price reduction or the resolution of the present contract, unless that the request doesn’t result objectively impossible to satisfy or results for the Supplier excessively onerous in accordance with the art. 130, par. 4, of the consumption Code.
11.6. The request will have to be made in written form, with registered letter with return receipt, to the Supplier that will show own availability to begin the request, or the reasons that hiders him to make it, within 7 working days from the receipt. In the same communication, where the Supplier has accepted the Buyer request, will have to indicate the defective goods sending or return modalities and the foreseen term for the defective goods return or change.
11.7. If the reparation and the change are impossible or excessively onerous, or the Supplier hasn’t provided to the repair or to the goods change within the previous point term or, at least, the change or the repair previously accepted have suffered some disadvantages to the buyer, he will be able to request, on his choice, an adequate price reduction or the contract resolution. The Buyer will have in this case to make his own request to the Supplier, that will show non availability, or the reasons that prevent him to make it, within 7 working days from the receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer request, he will have to indicate the proposed price reduction or the defective goods return modalities. In these cases it will be responsibility of the Buyer to indicate the modalities for the amount new credit previously paid to the Supplier.
12.1. The Buyer commits to pay the acquired goods price in the times and ways showed by the contract.
12.2. The Buyer commits, once concluded the on line purchase procedure, to provide to the print and to the conservation of the present contract.
12.3. The information included in this contract have been yet inspected and accepted by the Buyer, who admits this passage is obligatory before the purchase confirmation.
13.1. The Buyer has in every case the right to withdraw from the drawn contract, without any penalty and without specify the reason, within the term of 10 (ten) working days, becoming effective from the acquired goods receipt day.
13.2. If the professionalism hasn’t satisfy the information obligations on existence, modality and return times or of goods drawing in case of withdrawal right exercise (see art. 52 of the consumption Code), the term for the withdrawal right exercise is of 90 (ninety) days becoming effective from the goods receipt days from the Consumer.
13.3. If the Buyer decides to make use of the withdrawal right, he must give communication to the Seller with return recommended letter to the address Fattoria di Montemaggio S.A.S.,
in Località Montemaggio, 53017 Radda in Chianti, Siena, or with fax to the number 0577 738820 or with electronic mail to the e-mail firstname.lastname@example.org, as long as these communications are confirmed from the return recommended letter sending to the address Fattoria di Montemaggio S.A.S., in Località Montemaggio, 53017 Radda in Chianti, Siena, within 48 (forty eight) successive hours. The stamp of the post office on the released receipt will be valid between the Parties. To the aim of the exercise of the withdrawal right the communication sending will be able to be changed from the acquired goods return, as long as they are in the same terms. The delivery date to the post office or to the forwarding agent will be valid.
13.4. The goods return will have however to happen at the latest within 30 (thirty) days from the goods receipt date. In every case, to have the right to the full refund of the paid price, the goods will have to be returned integral and in normal preservation condition.
13.5. The Buyer cannot have this withdrawal right for the audio visual products purchase contracts or of sealed informatic software that have been opened and goods packed on measure or clearly personalized or that, for their nature, cannot be sent again or risk to deteriorate or change quickly of newspapers supplying, periodical and magazines and goods whose price is connected to financial market rates floating that the professional isn’t able to control and in every other case foreseen from the art. 55 of the consumption Code.
13.6. The only expenses due from the Consumer for the withdrawal right exercise in accordance with the present article are the goods return direct expenses to the Supplier, except that the Supplier doesn’t accept to saddle.
13.7. The Supplier will provide freely to the reimbursement of the entire amount paid from the Buyer within the term of 30 (thirty) days from the withdrawal communication receipt.
13.8. With the communication receipt with which the Buyer communicates the withdrawal right exercise, the Parties of the present contract are released from their obligations, except for what foreseen in the previous points of the present article.
14.1. The obligations of the points 12.1, taken from the Buyer and the guarantee of the payment end that the Buyer performs with the means described in the point 5.1, and also the exact fulfillment of the obligations of the Supplier to the point 6, have an essential character, so that, for the agreement, the not fulfillment of only one of the obligations, where not determined from casual case or due to the circumstances beyond one’s control, will provoke the contract right resolution ex art 1456 c.c., without needs of judicial pronouncement.
Secrecy protection and Buyer data treatment
15.1. The Supplier protects own customers privacy and guarantees that the data treatment is in accordance with what foreseen from the privacy standard of the lgs.d. 30 June 2003, n. 196 .
15.2. The personal fiscal data acquired directly and/or through thirties parties from the Supplier Fattoria di Montemaggio S.A.S., treatment owner, are collected and treated in paper form, informatic, telematic, in relation with the treatment modalities with the purpose to register the order and activate it, the procedures for the present contract execution and the relative necessary communications besides the fulfillment of the law obligations and to allow an effective commercial relationships management in the necessary measure to complete better the requested service (art.
24, paragraph 1, lett. b, lgs.d. 196/2003) .
15.3. The Supplier obliges to treat with privacy the data and the information transmitted from the buyer and don’t reveal to not authorized people, nor to use them for purposes different from those ones for which have been collected or to transmited to third parties. These data will be able to be used only on request of the Judicial Authority or of other authorities authorized by law.
15.4. The personal data will be communicated, upon subscription of data privacy commitment, only to people authorized to the activity fulfillment necessary for the drawn contract execution and communicated exclusively for this purpose.
15.5. The Buyer enjoys the right on the basis of the art. 7 of the lgs.d. 196/2003, and that is the right to obtain:
a) The updating, the correction or, when there is the interest, the data integration;
b) The cancellation, the transformation in anonymous form or the treated data block in law violation, included those ones for which it isn’t necessary the recovery in relation to the purposes for which the data have been collected or successively treated;
c) The certification that the a) and b) operations have become acquainted, also for what regard their content, of people to which the data have been communicated, except the cases in which this fulfillment is impossible or behaves an disproportionate means use respect to the protected right. The interested has the right to oppose, in all or in part: i) for legitimate reasons to the personal data treatment that regard him with the aim to send advertising material or direct sale or for the market research performing or of commercial communication.
15.6. The personal data communication from the Buyer is necessary condition for the correct and promptly execution of the present contract. In defect, the Buyer application will haven’t to start.
15.7. In every case, the acquired data will be preserved for a time period not superior to that one necessary to the purposes for which they have been collected or successively treated. Their removal will happen however in safe way.
15.8. Collection and personal data treatment owner is the Supplier, to which the Buyer will be able to address, c/o the head office, every request .
15.9. All what could reach the mail address (also electronic mail) Centre (requests, suggestions, ideas, information, materials, etc.) will be not considered information or of confidential nature, and will not violate other rights and will have to include valid information, not damaging and sincere of other rights; in every case will be not able to be attributed to the Centre any responsibility on the messages content.
Contract archiving modalities
16.1. In accordance with the art. 12 of lgs.d. 70/2003, the Supplier informs the Buyer that every sent order is preserved in digital/paper form on the server/c/o Supplier head office in accordance with privacy and safety criteria.
Communications and claims
17.1. The written communications directed to the Supplier and the possible claims will be considered valid only where sent to the following address: Fattoria di Montemaggio S.A.S., in Località Montemaggio, 53017 Radda in Chianti, Siena, or transmitted via fax to the number 0577 738820 or sent through e-mail to the following address email@example.com. The Buyer shows in the registration module his own residence or domicile, the telephone number or the electronic mail for the possible Supplier communications.
18.1. All disputes including in the present contract will be referred to the Commercial Chamber of Siena and resolved in accordance with the conciliating Rules.
18.2. If the Parts intend to take the ordinary judicial Authority, the competent Forum is the residence place one or the Consumer elective domicile, binding in accordance with the art. 33, paragraph 2, lett. u) of the lgs d.206/2005.
Applicable law and postponement
19.1. The present contract is regulated by the Italian law.
19.2. For what here not expressly disposed, the applicable laws standards are valid to the relationships and to the case in point foreseen in the present contract, and in particular way the art. 5 of Rome Convention on 1980.
19.3. In accordance with the art. 60 of the lgs. d. 206/2005, the discipline included in the part III, Head I of the lgs d. 206/2005 is here expressly recalled.
The present contract overrides and changes every agreement, negotiation, written or oral, concluded previously between the parties and concerning the object of this contract.