GENERAL TERMS OF SALE
The terms and expressions used in capital letters in these General Terms and Conditions of Sale shall have the following meanings:
i. GENERAL CONDITIONS: these are the general conditions of sale;
ii. SELLER: Scarparo S.r.l.s., with registered office in 35131 Padua (PD), via Venezia nr. 92/B, registered at the Chamber of Commerce Industry Crafts and Agriculture of Padua at REA PD – 441149, p.iva 05076680288, telephone 392.2267745, e-mail email@example.com, PEC firstname.lastname@example.org;
iii. SITE: is the website www.scarparo.com;
iv. BUYER / I: any natural person who sends an ORDER and / or makes purchases on the SITE for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
v. PURCHASER (S) PROFESSIONAL / S: any natural or legal person who sends an ORDER and / or makes purchases on the SITE in the exercise of their business, commercial, craft or professional activity, or an intermediary;
you. PRODUCT / S: the goods made and sold by the SELLER;
vii. PRICE: the final price of the PRODUCT, expressed in Euros, including VAT and any other taxes;
viii. ORDER / I: are the individual purchase proposals sent from time to time by the BUYER to the SELLER via the SITE;
ix. CONTRACT: it is the sale and purchase agreement concluded at a distance between the SELLER and the BUYER, through the SITE, following the acceptance of the ORDER by the SELLER.
2.1 These GENERAL CONDITIONS govern the sale and purchase of the PRODUCTS, which are carried out by the BUYER via the SITE.
3.1. Before sending the ORDER, the BUYER undertakes to read carefully:
– these GENERAL CONDITIONS;
– the information published on the SITE and in particular: (i) the characteristics of the PRODUCTS; (ii) the PRICE with details of the shipping costs and any other costs; (iii) the methods of payment of the PRICE; (iv) the term within which the SELLER undertakes to deliver the PRODUCTS; (v) the conditions, terms and procedures for exercising the right of withdrawal; (vi) the fact that he will have to bear the cost of returning the PRODUCTS in case of withdrawal; (vii) the existence of the legal guarantee of conformity of the PRODUCTS.
3.2 The BUYER undertakes to transmit the ORDER after having read the information indicated in point 3.1 above.
3.3 The BUYER is informed and is aware that the photographs of the PRODUCTS published on the SITE constitute a mere representation of them. The same, therefore, may not be perfectly representative of the characteristics of the PRODUCT, as they may differ in color, tone, shades, dimensions, etc …
3.4 The BUYER is informed and is aware that the PRODUCTS are unique pieces, made entirely by hand with artisanal and artistic techniques by the SELLER. Any imperfections are to be considered an intrinsic characteristic of the PRODUCT and an expression of its unique and artisanal character.
CONCLUSION OF THE CONTRACT
4.1 ORDERS can be placed through the SITE by an adult BUYER, in possession of the legal requirements to be able to enter into legally binding contracts, in possession of a valid e-mail address. The transmission of the ORDER constitutes a proposal to purchase the PRODUCT, binding on the BUYER, thus obliged to pay the PRICE.
4.2 Receipt of the ORDER does not imply acceptance by the SELLER, who has the right to accept and / or not accept the ORDER. In case of non-acceptance of the ORDER, the SELLER informs the BUYER by e-mail that the CONTRACT has not been concluded.
4.3 The CONTRACT is concluded exclusively with the acceptance of the ORDER by the SELLER, which takes place by means of a confirmation e-mail, sent to the address indicated by the BUYER in the ORDER, containing the BUYER’s data, the number of ORDER, a summary of the essential characteristics of the PRODUCTS, the PRICE with details of the shipping costs and any other costs, the amount paid, the payment methods, the shipping address, the delivery time of the PRODUCTS, the conditions and how to exercise the right of withdrawal, information on the after-sales service and the legal guarantee of conformity of the PRODUCTS.
TERMS OF PAYMENT
5.1 Payment by the BUYER can be made by:
credit card, including prepaid, of the VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS circuits, in the name of the BUYER;
bank transfer from a current account in the name of the BUYER.
5.2 The card is charged at the time of preparation of the ORDER for shipment, after verifying the credit card data and receiving the debit authorization from the company issuing the card.
5.3 In case of payment by bank transfer, the PRODUCTS will be prepared for shipment as soon as the payment is received.
5.4 In the event that the consideration for the sale is not, for any reason, credited to the current account of the SELLER, the ORDER is automatically canceled, the sale automatically canceled and the CONTRACT terminated.
5.5 In case of payment by credit card, the financial information (for example, the credit / debit card number or its expiry date) will be forwarded, via encrypted protocol, to the credit institutions that provide the related payment services. remote electronic, without third parties having access to it in any way. This information will never be used by the SELLER except to complete the procedures relating to the purchase of the PRODUCTS and to issue the relative refunds in case of exercise of the right of withdrawal by the BUYER, or if it is necessary to prevent or report to the forces. police fraud commission.
5.6 The SELLER cannot in any way be held responsible for damages suffered by BUYERS as a result of the fraudulent and illegal use that third parties may have made of credit cards and other means of payment used when paying the PRICE.
TERM OF DELIVERY
6.1 The SELLER undertakes to deliver the PRODUCT to the BUYER within 30 days from the date of conclusion of the CONTRACT, provided that the payments referred to in Article 5 have been made and credited.
6.2 The SELLER cannot be held responsible for delays or failure to deliver the PRODUCTS for reasons not attributable to him such as, by way of example and not limited to, delays and / or interruptions in the manufacturing and distribution process resulting from work interruptions, trade union agitation, difficulties in supplies and forwarding, natural disasters, causes of force majeure, delays on the part of the shipper or carrier, inefficiencies or malfunctions connected to the use of the internet, delays or inaccuracies on the part of the BUYER in communicating to the SELLER the information necessary for the shipment of the PRODUCT.
6.3 If one of the conditions referred to in paragraph 6.2 above occurs, the BUYER will only have the right to withdraw from the CONTRACT, obtaining reimbursement of any sums paid, renouncing as of now any request for compensation from the SELLER.
RIGHT OF WITHDRAWAL
7.1 The BUYER has the right to withdraw from the CONTRACT within 14 days from the day it acquires physical possession of the PRODUCT, without having to provide any reasons.
7.2 To exercise the right of withdrawal, the BUYER must inform the SELLER of his decision, before the expiry of the withdrawal period indicated in paragraph 6.1 above. To inform the SELLER, the BUYER can use the model withdrawal form attached to these GENERAL CONDITIONS (Annex I), duly completed and signed, or submit any other explicit declaration of his decision to withdraw from the contract.
7.3 In the event of withdrawal, the SELLER reimburses the BUYER all payments received, within 14 days from the day on which he is informed of the BUYER’s decision to withdraw from the CONTRACT. The refund can be withheld until the SELLER has received the return of the PRODUCTS. The refund will be made using the same payment method used by the BUYER for the initial transaction.
7.4 In case of withdrawal, the CONSUMER returns the PRODUCTS or delivers them to the BUYER or to a third party authorized by the BUYER to receive the PRODUCTS, without undue delay and in any case within fourteen days from the date on which he communicated his decision to the SELLER. to withdraw from the CONTRACT. The deadline is met if the BUYER sends back the PRODUCTS before the expiry of the fourteen-day period. The direct cost of returning the PRODUCTS is borne by the BUYER. Failure to return the PRODUCTS within the terms indicated above will be considered as a manifestation by the BUYER of the desire to revoke the declaration of withdrawal. In this case, the SELLER will not be required to pay any refund.
7.5 The BUYER is responsible for the decrease in the value of the PRODUCTS resulting from their handling other than that necessary to establish their nature, characteristics and functioning. Therefore, if the returned PRODUCTS are damaged, incomplete, deteriorated, dirty or in any state that suggests that they have been used, in order to compromise their integrity, they will not be refunded.
PRODUCT CONFORMITY GUARANTEE
8.1 The SELLER grants the BUYER a guarantee for any lack of conformity that occurs within 2 years of delivery of the PRODUCTS.
8.2 The PRODUCTS comply with the CONTRACT if: a) they are suitable for the use for which PRODUCTS of the same type are normally used; b) comply with the description made by the SELLER and possess the qualities of the PRODUCT that the SELLER presented to the BUYER; c) present the usual quality and performance of a PRODUCT of the same type, which the BUYER can reasonably expect, taking into account the nature of the PRODUCT and, where applicable, the public statements on the specific characteristics of the PRODUCT made in this regard by the SELLER, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the CONSUMER and which has been brought to the attention of the SELLER at the time of the conclusion of the CONTRACT and which the SELLER has also accepted for conclusive facts.
8.3 The BUYER loses all rights if he does not report the lack of conformity to the SELLER within two months from the date on which he discovered the defect.
8.4 In cases of lack of conformity, the BUYER may only request the repair of the PRODUCT and not the replacement, which is objectively impossible given the unique nature of the PRODUCT sold. The repair will be carried out at no cost to the BUYER.
8.5 If the repair is impossible or excessively burdensome, the BUYER may request an appropriate price reduction or termination of the CONTRACT at his choice. In determining the amount of the reduction or the sum to be returned, the use of the PRODUCT is taken into account.
8.6 A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the CONTRACT.
PRODUCT AUTHENTICITY GUARANTEE
9.1 The SELLER guarantees the authenticity of all PRODUCTS purchased on the SITE. The PRODUCTS are made entirely in Italy using artisanal and artistic techniques.
INTELLECTUAL PROPERTY RIGHTS
10.1 The trademarks, logos, illustrations, images displayed on the SITE or present on the PRODUCTS, whether or not they are registered, are and remain the exclusive property of the COMPANY. The reproduction, modification and use of said trademarks, logos, illustrations, images is strictly prohibited.
10.2 The reproduction, modification and use of designs, models and patents that are the exclusive property of the Company is strictly prohibited.
APPLICABLE LAW AND JURISDICTION
11.1 The law applicable to the CONTRACT is the Italian one.
11.2 For any dispute concerning the interpretation and / or execution of the CONTRACT, the Court of Trento will be exclusively competent, without prejudice to the mandatory jurisdiction of the BUYER’s place of residence or domicile, if located in the territory of the State.
12.1 Articles 1, 2, 3, 4, 5, 6, 9, 10, 11 of the GENERAL CONDITIONS apply exclusively to PROFESSIONAL BUYERS. For anything not regulated, the contractual relationship with PROFESSIONAL BUYERS is governed by the provisions of the civil code.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– Recipient [the name, geographical address and, if available, the telephone number, fax number and e-mail addresses must be entered by the professional]:
– Hereby I / we (*) notify the withdrawal from my / our (*) sales contract of the following goods / services (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this form is notified on paper)
(*) Delete where inapplicable.