The goods in question of these present general terms and conditions are put for sale by CASA VINICOLA RUBATTORNO S.R.L. – VIA RUBATTORNO 254 – 51039 QUARRATA (PISTOIA). Telephone and Fax 0039 573 735232 – Email firstname.lastname@example.org – Website www.rubattornovini.it – VAT Registration number 01760580470 Economic and Administrative Index of Pistoia 177095 Pec Address: email@example.com , hereinafter called as “Supplier”.
- The term “online sales contract” means a contract of buying and selling related to the movable material goods of the Supplier, stipulated between the latter and the Buyer within a distance sale system through telematic means, organized by the Supplier.
- The term “Buyer” means a consumer, the natural person who makes the purchase, under this contract.
- The term “Supplier” means the person referred to in the inscription.
2. Object of the contract
- With this contract, respectively, the Supplier sells and the Buyer buys remotely through telematic means the goods indicated and offered for sale on the website www.rubattornovini.it.
- The products referred to in the previous point are illustrated into the web pages of the site. The essential characteristics of the products are indicated in its technical data sheets of presentation. The picture supplied with each product cannot be perfectly representative of its features, but it can differ in color and sizes.
3. Mode of entering into the contract
The contract between the Supplier and the Buyer ends exclusively by means of Internet through the access of the buyer to the address www.rubattornovini.it, where, following the indicate procedures, the Buyer will come to formalize the contract for the purchase of the goods referred to in the previous article.
4. Conclusion and effectiveness of the contract
- The contract between the Supplier and the Buyer is concluded with the acceptance by the Buyer.
- By placing an order the Buyer declares to have read all the informations provided to him/her during the purchase process and to accept entirely the General Terms and Conditions for Sale.
5. Orders – Invoicing
- All purchase orders of Product sent to the Supplier must be completed in their entirety and they must contain all the necessary elements for the correct identification of the ordered products. The execution of the order by the Supplier is equivalent to confirmation and acceptance of the same.
- The financial documentation related to the ordered products will be issued by the Supplier at the time of the shipment of the Products to the Buyer.
6. Delivery times and methods
- All delivery costs of the products shall be borne by the Buyer. Deliveries are normally made by courier. The Supplier has the right, in its incontestable discretion, to make the delivery of the ordered Products by courier that the Supplier deems appropriate. Online purchases have only prepayment formula.
- Delivery times can change (from 5 working days up to a maximum of 15 working days) after the confirmation of the same. Any delay in deliveries of less than 30 days do not entitle the Buyer to refuse the delivery of the products nor to claim damages or compensation whatsoever.
- The supplier is entitled to make the delivery of the Products (even on the same order) in more successive deliveries understanding, in this case, a single charge to the Buyer by way of transportation costs.
- Special conditions and delivery terms must be agreed upon in advance between the Buyer and the Supplier and accepted in writing by the Supplier.
- All sales prices of products displayed and indicated on the website www.rubattornovini.it are expressed in Euros (€) and constitute a public offer pursuant to Article 1336 Italian Civil Code.
Sales prices, referred to in the previous point, are inclusive of VAT.
8. Availability of the products
- If an order exceeds the quantity that exists in warehouse, the Supplier, via e-mail, will make known to the Buyer if the good is no longer bookable or what are the waiting times to get the chosen good, asking whether the Buyer wants to confirm the order or not.
9. Limitations of liability
- The Supplier assumes no liability for disruptions attributed to force majeure, in case it fails to execute the order within the times stipulated in the contract.
- The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of Internet outside of its own control or outside of each of its sub-suppliers’ control.
- The Supplier assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards, checks or other means of payment, upon payment of the purchased products.
10. Buyer’s Obligations
- The Buyer undertakes to pay the price of the purchased good according to the established methods and times.
11. Right of withdrawal
- The Buyer has in any case the right to terminate the stipulated contract without penalty and without giving any reason, within 10 (ten) working days from the reception of the purchased products.
- The right of withdrawal referred to in the previous point 11.1 shall be exercised by the Buyer, subject to revocation, by sending a certified return receipt mail to the Supplier within a period of 10 (ten) working days from the reception of the products. The communication referred to above may be sent to the Supplier, by e-mail at the following address: firstname.lastname@example.org or by fax to the following number: 0039 573 735232 provided that such communications are confirmed by sending a certified return receipt mail to the address of the Supplier within the next 48 (forty-eight) hours or by certified e-mail sent to the pec address of the Supplier: email@example.com
- All the returns (that must be perfectly intact and accompanied by the original packaging) must be authorized by the Supplier that will inform the Buyer. Upon received the communication of withdrawal, the Buyer is able to return the product to the following address: CASA VINICOLA RUBATTORNO S.R.L – VIA RUBATTORNO 254 – 51039 QUARRATA (PISTOIA). Parcels cash on delivery will not be accepted.
- Once received the Products (and verified their integrity) the Supplier will provide, in the shortest time possible, to credit to the customer the cost of the returned Products (as indicated on the invoice), holding, if necessary, the amount of shipping costs that will remain definitively at the Buyer’s expense.
- The right of withdrawal referred to in point 11.1 cannot be exercised by the Buyer when the purchased Products consist of sealed audiovisual computer, which have been unsealed by the Customer.
12. Competent Court
12.1 Without prejudice to any applicable consumer protection laws (as defined in article 1 letter b) of Legislative Decree n. 185 May 22, 1999), any dispute relating to these General Terms and Conditions for Sale, will be referred to the exclusive jurisdiction of the competent Court.
12.2 If the parties intend to refer the matter to the Ordinary Judicial Authority, the competent Court is the place of residence or domicile of choice the consumer, mandatory in accordance with Article 33, subsection 2, letter u, Italian Consumer Code. Pursuant to and for the effects of articles 1341 and 1342 of the Italian civil code, the Buyer declares to have carefully read and understood and to accept specifically all the clauses of the General Terms and Conditions for Sale.