The buyer expressly declares to complete the purchase for purposes unrelated to commercial or professional activity practiced.
Selection of the supplier
The goods that are the object of the present general conditions are put up for sale by Prandi Andrea & C. s.n.c.with the office in via Provinciale 123, 23819 Primaluna (LC), VAT Number 01723900138
from now on “Supplier”.
1.1. The expression “on-line sales contract” refers to a trade contract relative to the Supplier’s moveable, material assets, stipulated between them and the Buyer in the context of a distance sale through telematic tools, organised by the Supplier.
1.2. The expression “Buyer” refers to the physical consumer who completes the purchase and who, in this contract, does not act for purposes related to any commercial or professional activities carried out.
1.3. The expression “Supplier” refers to the legal person indicated in the epigraph, or the legal person who lends information services.
Object of the Contract
2.1. With the present contract, both the Supplier sells and the Buyer buys moveable material assets that are indicated and offered for sale on the website www.a-prandi.itat a distance through telematic tools.
2.2. The products referred to in the previous point are illustrated on the website: www.a-prandi.it/shop.
Method of contract stipulation
3.1. The contract between the Supplier and the Buyer is concluded exclusively over the Internet through the Buyer’s access to the website www.a-prandi.it, where, following the indicated procedures, the Buyer formalises the proposal for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and efficacy of the contract
4.1. The purchase agreement is concluded with the completion, sending and online acceptance of the request form or by the completion of the form attached to the online electronic catalogue at the website www.a-prandi.it and the sending of the said form, subject to the visualisation of a printable webpage of the order summary in which the customer’s details and the order details are written, the price of the purchased goods, the delivery cost and any further additional costs, the method and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right to withdraw.
4.2. When the Supplier receives the order from the Buyer, the Supplier will send confirmation via e-mail or the visualisation of a printable web page confirming and summarising the order, in which information regarding the details mentioned in the previous point will be summarised.
4.3. The contract is not considered completed and effective between the parties if the details in the previous point have failed to occur or be adhered to.
Method of payment and refund
5.1. Each payment made by the Buyer can only be completed using one of the methods indicated in the related web page by the Supplier.
5.2. Each potential refund to the Buyer will be made through the methods proposed by the Supplier and chosen by the Buyer in a prompt and timely manner and, in the case the right to withdraw has been exercised, as outlined in art.13, point 2 and following points of the present contract, at most within 30 days from the date in which the Supplier became aware of the said cancellation.
5.3. All communication relative to payments is to be made through a special line provided by the Supplier and protected by a coding system. The Supplier guarantees the memorisation of this information with another level of security coding and in accordance with the active safeguarding of personal data.
Timing and method of delivery
6.1. The Supplier will deliver the selected and ordered products by the method chosen by the Buyer or indicated on the website at the moment the goods are offered and as confirmed in an e-mail according to 4.1.
6.2. Delivery times may vary.
6.3. The method, time and cost of delivery are indicated and highlighted on the website www.a-prandi.it/faq.
7.1. All sale prices of products displayed and indicated on the website www.a-prandi.it/shop are expressed in euro and constitute an offer to the public according to art. 1336 of the Civil Code.
7.2. The sale prices referred to in the previous point are not inclusive of VAT. The postage costs and any other additional costs (for example customs costs), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the dispatching of the order by the Buyer and also appear on the website summary of the completed order.
8.1. The Supplier ensures through the telematic system the processing and handling of the orders without delay. With this system, the number of available and unavailable products and the delivery times are indicated in the electronic catalogue in real time. All the images of the articles have the objective of representing the products.
8.2. If an order is larger than the warehouse availability of an ordered good, the Supplier will inform the Buyer by email if the good can be ordered or what the waiting times are for the selected good, requesting whether or not the order is to be confirmed or not.
8.3. The information system of the Supplier confirms in the least amount of time possible the completed registration of the order, sending confirmation via electronic mail to the User according to point 4.2.
8.4. The Supplier can find an agreement with the client to deliver similar products to to those ordered with items of similar value.
Limitations of responsibility
9.1. The Supplier does not take on any responsibility for the disservice caused by force majeure in which he is not able to complete an order in the time foreseen by the contract.
9.2. The Supplier is not considered responsible towards the Buyer apart from the case of fraud or serious negligence for disservices or connected to the use of the Internet connection out of the Supplier’s control or the control of their sub-suppliers.
9.3. The Supplier will not be responsible for damage, loss and costs incurred by the Buyer following the failure to complete the contract for reasons not attributed to him. The Buyer in this case will have the right only to the complete refund of the corresponding price and any other additional sustained costs.
9.4. The Supplier will not be responsible for any possible fraudulent or illicit use that could be made by third parties by credit card, cheque and other methods of payment of the purchased products where demonstrated to have adopted all caution possible according to the best practice and experience of the moment in time and according to due diligence.
9.5. In no case will the Buyer be held responsible for lateness or errors relating to payment where he can demonstrate to have followed the payment process in the time and methods indicated by the Supplier.
Responsibility of faults, proven damage and indemnified damage: Supplier obligations
10.1. According to art. 114 and following articles of the Consumer Code of Practice, the Supplier is responsible for any damage caused by faults of the good sold where he fails to communicate to the Aggrieved Party, no later than 3 months from the request, the identity and the residence of the producer or the person who supplied the good.
10.2. The abovementioned request, on behalf of the Aggrieved Party, must be made in writing and must indicate the product that caused the damage, the place and the date of purchase; it must also contain the place where the product offer was seen, if still in existence.
10.3. The supplier cannot be held responsible for the consequences derived from a faulty product if the fault is due to the conformity of the product, a legal standard or a binding provision, or if scientific and technical knowledge and potential did not consider the product faulty in the moment in which the product was placed in circulation.
10.4. No refund will be given to the Aggrieved Party if the Aggrieved Party was knowledgeable of the fault and the danger that could potentially be derived from the fault and if he was voluntarily exposed to the fault.
10.5. In all cases the Aggrieved Party must prove the fault, the damage and the causal connection between these two.
10.6. The damage to items of art. 123 of the Consumer Code of Practice will be refundable only if the sum is more than three hundred and eighty-seven euros (€ 387).
10.7. The Supplier is exonerated from any responsibility of any type (in particular, but not only, for any direct damage and/ or indirect damage to the Buyer and/ or third parties) as a consequence of improper use of the products, abuse or unusual or incorrect use by the Buyer.
Warranty and method of assistance
11.1. The Supplier responds to any potential lack of conformity that is shown within two years of the delivery of the good.
11.2. The objectives of this contract presume that the consumed goods conform to the contract if, where pertinent, they coexist with the following circumstances: a) they are suitable for use where goods of the same type are regularly needed; b) they conform to the description made by the Seller and they possess the qualities of the good that the Seller presented to the Consumer as a sample or model; c) they present the quality and the usual performance of a similar good that the Consumer can reasonably expect, taking into account the nature of the good and, if it is the case, the public declarations of the specific characteristics of the goods made with this consideration, by the Seller, from the producer or his agent or representative, in particular in publicity or labelling; d) they are suitable for the particular use wanted by the Consumer and this was brought to the attention of the Seller in the moment of the conclusion of the contract and the Seller accepted for conclusive facts.
11.3. The Buyer is debarred from all rights when the lack of conformity is not stated to the Seller within two months from the date in which the fault was discovered. The complaint is not required if the Seller has acknowledged the existence of the fault or he has concealed it.
11.4. In all cases, subject to proof of the contrary, it is presumed that the lack of conformity, if manifested within six months of the delivery of the goods, existed already upon delivery, unless this possibility is not compatible with the nature of the good or with the nature of the lack of conformity.
11.5. In case of lack of conformity, the Buyer can ask for, alternatively and without cost, according to the following conditions, the repair or replacement of the acquired good, a reduction in price or the termination of the present contract, unless the request is not objectively impossible to satisfy according to art. 130, comma 4, of The Consumer Code of Practice.
11.6. The request should be made in written form and through registered post to the supplier who will indicate his availability and consideration of the request, or the reasons that impede him from doing so, within 7 working days from receipt of it.
In the same message, where the Supplier has accepted the request of the Buyer, he must indicate the method of postage or return of the good, as well as the time foreseen for the return or substitution of the faulty good.
11.7. In the case in which both repair and substitution are impossible or excessively costly, or the Supplier has not completed the repair or substitution of the good within the time frame of the previous point, or, the substitution or repair previously completed have created particular problems for the Buyer, he can ask for a reasonable reduction in price or the termination of the contract.
The Buyer will in any case send the request to the Supplier, who will indicate his availability to accept this, or the reasons that impede him from doing so, within 7 working days from receipt.
11.8. In the same message, where the Supplier has accepted the Buyer’s request, he must indicate the proposed price reduction, or the method of return of the faulty good. In will be in these cases the responsibility of the Buyer to indicate the method for the re-credit of the sums previously paid to the Supplier.
12.1. The Buyer commits to paying the price of the good purchased in the time frame and method indicated by the contract.
12.2. The Buyer commits, once the online purchase procedure has been completed, to printing and storing this contract.
12.3. The information contained in this contract has been sighted and accepted by the Buyer, who will act upon it, as this transition is mandatory before the confirmation of purchase.
Right of cancellation
13.1. The Buyer has in any case the right to recede from the stipulation of the contract without any penalty and without having to specify the motive, within 14 (fourteen) working days, from the day of the receipt of the purchased good.
13.2. In the case in which the professional person has not satisfied obligations of providing information on the existence, method and restitution time or the withdrawal of the good in the case of the decision to exercise the right to withdraw according to art. 52 of The Consumer Code of Practice, the deadline for the right to withdraw is 12 (twelve) months starting from the end of the initial period of withdrawal and begins on the day of receipt of the good by the Consumer.
13.3. In the case the Buyer decides to exercise the right to withdraw, he must communicate this to the Seller by registered post to address via Provinciale 123, 23819 Primaluna (LC) Italy or by fax to number +39 0341 980954 or via email to the e-mail address firstname.lastname@example.org, within 48 (forty-eight) hours of receipt. The date of the postal stamp on the receipt will be considered the official date for the parties. With the objective of exercising the right to withdraw, the sending of the communication can validly be substituted with the return of the purchased good on the same terms. The date of the postal stamp or the courier service on the receipt prevails.
13.4. The return of the good must, at the latest, occur within 30 (thirty) days from the date of receipt of the good. In all cases, in order to exercise the right of complete refund of the price paid, the good must be returned complete and in a normal state of storage.
13.5. The costs to be paid by the consumer for the exercising of the right to withdraw pursuant to the present article are the direct expenses of returning the good to the Supplier except if the Supplier accepts to pay the expenses.
13.6. The Supplier will freely reimburse the complete amount paid by the Buyer within 30 (thirty) days from the receipt of the communication of the desire to withdraw.
13.7. With the receipt of the communication with which the Buyer communicates the right to withdraw, the Parties of the present contract are freed from reciprocal obligations, unless the previous points state otherwise.
Reasons for Termination
14.1. The obligations of point 12.1 assumed by the Buyer as well as the guarantee of the completion of the final payment that the Buyer will complete by methods stated in point 5.1, are in exact compliance with the obligations assumed by the Supplier in point 6 and are essential in character. Therefore, by express agreement, the lack of compliance of even one of these obligations which is not caused by fortuitous events or force majeure will conclude with the termination of the contract ex art. 1456 of the Civil Code without the need of a court ruling.
Protection of the privacy of the Buyer and the processing of the Buyer’s personal information
15.1. The Supplier protects the privacy of his own clients and guarantees that the processing of private and personal information conforms to that foreseen by privacy norms as seen in the legislative decree 30 June 2003, n. 196.
15.2. Personal information and private payment details directly acquired and/ or through third parties by the Supplier Prandi Andrea & C. s.n.c., data controller, are collected and used in paper, electronic and telematic form, according to the method of processing of information used and have the objective of the registration of the order and activation of procedures for the performance of the present contract and the necessary relative communications, as well as the fulfilment of any legal obligation and the consent of the effective management of commercial relationships in the necessary manner in order to complete the service requested in the best possible way. (art. 24, comma 1, lett. b, legislative decree. 196/2003).
15.3. The Supplier is obliged to treat the information transmitted to the Buyer with complete confidentiality and to not reveal the information to unauthorised persons or to third parties or to use it for any objectives other than those for which it was gathered. This information can only be shown on request of judicial authority or through other authorities for authorised laws.
15.4. Personal information will be communicated on the condition of approval of an agreement to privacy of this information only to delegated persons and the completion of the necessary activities for the performance of the contract and completion of the activities necessary for the performance of the stipulated contract and be exclusively communicated with this objective.
15.5. The buyer has the rights in art. 7 of the legislative decree. 196/2003, and therefore the right to obtain:
a) An update, the rectification or, when needed, the completion of and addition to information;
b) The cancellation, the transformation into anonymous form or the blocking of information treated in violation of the law, including those where the safeguarding is not necessary for the objectives for which the information was collected and later used;
c) The confirmation that the operations of a) and b) and their content were brought to light to those to whom the information was communicated or sent, except in the case where this fulfilment is impossible or requires disproportionate means in comparison to the protected right. The interested party has the right to oppose this completely or in part: i) for legitimate motives regarding the processing of personal information that concern him and that are pertinent to the objective of the collection of information; ii) according to the processing of personal information that concern him with the objective of sending publicity material or direct sales or for the completion of market research or commercial communication.
15.6. The communication of personal information by the Buyer is a necessary condition for the correct and timely performance of the present contract. In fault of this, the Buyer’s request cannot be considered.
15.7. In all cases, the acquired information will be stored for a period of time no more than what is necessary for the objective that it was collected and later used. Its removal will in all cases be made in a secure manner.
15.8. The owner of the collection and the processing of personal information is the Supplier who can be directed by the Buyer to the head office for any request.
15.9. All mail and post that arrives at the postal address (or the electronic mail) of the office (requests, suggestions, ideas, information, materials etc.) that is not considered confidential in nature and that does not violate the rights of others must contain valid information that is not damaging to the rights of others and is truthful. In all cases the content of the messages is not the responsibility of the Centre.
Method of storage of the contract
16.1. According to Art. 12 of the legislative decree 70/2003, the Supplier informs the Buyer that each order sent is kept in paper form in the office of the Buyer and in Digital form on the server in accordance with all adequate criteria of privacy and security.
Communication and complaints
17.1. All written communication directed to the Supplier and all potential complaints will be considered valid only when sent to the following address: via Provinciale 123, 23819 Primaluna (LC) Italy, or transmitted via fax to the number +39 0341 980954 or sent via email to the following address email@example.com. The Buyer indicates on the registration form his place of residence or home address, telephone number or email address to which all communications to the Supplier must be sent.
18.1. All controversy that is born from the present contract will be referred to the Lecco Chamber of Commerce (ITALY) and resolved according to the Regulations of the conciliation procedure adopted by it.
Applicable laws and references
19.1. The present contract is regulated by Italian law.
19.2. Whilst not explicitly referred to, the norms of the laws applicable to the relationships and criminal offences foreseen in the present contract, and in particular art. 5 of the Rome Convention 1980, are applied.
19.3. According to art. 60 of the legislative decree 206/2005, the discipline contained in Part III, Title III, Capo I of the legislative decree 206/2005 is expressly applied here.
The present contract repeals and substitutes all agreements, interests, oral and written negotiations that have intervened previously between the concerned Parties and concern the matter of this contract.
According to art. 1341 and 1342 of the Civil Code, the parties, after having read each clause and reread the specific clauses at points 10.4. in this contract (awareness of the product faults), 10.6. (___) 10.8. (exonerated from the responsibility for improper use and abuse); 14.1. (expressed termination clauses) 18.1. (deferment to the Chamber of Commerce), 19.1. (applicable law), clearly declare to approve them.