1 PURPOSE AND DEFINITION OF THE ON-LINE CONTRACT
The definition of “on line” contract implies a remote contract that has the purpose of purchasing goods and/or services stipulated by and between Pollipò di Paola Costantini, with registered office in Rome (Italy), via Mare di Bering n. 40, hereinafter referred to as the <<Supplier>>, recorded in the Rome companies register as No. 956514 and with VAT registration number 06279751009, and a client consumer or a professional client, within the framework of a remote sales system organised by the Supplier that, for this contract, exclusively deploys the Internet technology. All contracts, therefore, will be concluded directly through the access by the client to the Internet site corresponding to address www.pollipostore.com.
The definition of client consumer, hereinafter referred to as the <<Consumer>>, implies only the natural person that stipulates the contract for purposes that cannot be referred to the entrepreneurial or professional activity eventually carried out.
The definition of professional client, hereinafter referred to as the <<Professional>>, implies the subject, natural person, public or private corporate body, unrecognised collective body endowed with autonomous subjective legal status, which in the stipulation of the contract acts within the framework of its own professional or entrepreneurial activity.
The term <<Client>>, simply means the generally-implied purchaser, whether this be the Consumer or the Professional.
2.1. The contract stipulated between the Supplier and the Client must be understood as being concluded on the acceptance, even if only partial, of the order by the Supplier itself. This acceptance is deemed as tacit, unless otherwise notified in any form by the Client.
The latter, by placing an order by means of the various modalities envisaged, acknowledges having viewed all indications provided during the purchasing procedure and, consequently, integrally accepting the general and payment conditions provided hereunder.
2.2. The input of false and/or invented personal data in the data collection forms, necessary to the processing of the order, is strictly forbidden. Furthermore, the input of data pertaining to third parties or for performing multiple registrations relative to a single Client, is also forbidden. The Supplier reserves the right to institute legal proceedings for any violation and abuse, in the interest and protection of all Clients.
2.3. If the client is a Consumer, once the on-line purchasing procedure is concluded, he must see and print or save the electronic copy and, in any case, he must save the present sales general conditions in compliance with the provisions of articles 3 and 4 of Leg. Dec. 185/1999 on remote sales. The issuing of the order confirmation, therefore, implies the full knowledge of the above provisions and their full acceptance.
2.4. Every right of the Client to claim for compensation or indemnification of damages from the Supplier, as well as ascribing to same any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, caused by the non acceptance, even partial, of an order, are excluded.
3.1. All selling prices of the products present and indicated within the www.pollipostore.com site, constituting the offer to the public in compliance with art. 1336 of the civil code, are inclusive of VAT. In addition, also shipping and packaging expenses. These prices can vary at any time without the Supplier having to give notice of any kind; in any case, once the order for the product has been placed, it will not be subject to any price variation.
The cost of shipping, both national and international, duly highlighted within the specific page of the site that the Client will have viewed prior to confirming the purchase, will be entirely for the Client’s account.
In case of shipping to foreign countries, possible additional costs due to taxes or duties envisaged by the legal norms in force in the Country of destination will also be for the Client’s account.
3.2. The Client can only purchase the products present in the catalogue at the time of placing the order and that can be viewed on-line at address www.pollipostore.com as described in the relative information charts. The products offered for sale on www.pollipostore.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used. It is understood that the picture accompanying the product’s descriptive chart may not be perfectly representative of the relevant characteristics.
4.1. Credit Card: by means of this method of payment, contextually with the conclusion of the on-line transaction, all financial information (credit card number, expiry date, etc.) will be automatically submitted, through an encrypted protocol, to the reference Banking Institution that will see to debiting the Client’s current account with the amount relative to the purchase made. Pollipò uses the system of payment by credit card Paypal which accepts Visa and Mastercard.
4.2. In case of cancellation of the order, by either the Client, as described in subsequent article 8, or by the Supplier in case of non-acceptance of the order itself, the deletion of the transaction will be requested. Once the transaction deletion operation has been carried out, under no circumstances the Supplier will be deemed responsible for possible direct or indirect damages, caused by delays in the selfsame operation.
4.3. The Supplier reserves the right of requesting from the Client the submission of identity documents as proof of ownership of the credit card utilised for the payment. In the absence of the documentation requested, the Supplier could reject the order, therefore not concluding the contract.
4.4. At no moment in the purchasing procedure the Supplier will have access to information relative to the purchaser’s credit card, transmitted through a protected connection directly to the site of the Banking Institution managing the transaction. No IT archive of the Supplier will save such data. Under no circumstance, therefore, the Supplier can be held responsible for the eventual fraudulent and unlawful use of credit cards by third parties, upon payment for products purchased.
4.5. Advance Banking Credit Transfer: in case of payment through Advance Banking Credit Transfer, what was ordered by the Client will be kept as allocated until the proof of the credit transfer has been received, and which will have to be sent to the Supplier at the e-mail address email@example.com within and not beyond 3 working days from the date of order acceptance. The shipping of items ordered will only be fulfilled upon the effective crediting of the amount due to the Supplier’s current a/c, that will have to take place within 7 working days from the date of order acceptance. The bank of the Supplier shall be communicated to the customer at the time of order.
Upon these due dates being exceeded, the order will be deemed as automatically cancelled.
The banking credit transfer motivation will have to include the order reference number, the name and surname of the Consumer or the name of the company or natural persona if the latter is a Professional.
5. SHIPPING AND DELIVERY MODALITIES
5.1. Shipping and delivery. The Supplier will take care of the delivery to Clients, at the address specified at the time of order placement, the products selected and ordered, according to the modalities as provided for in this article, through the Italian Post Office, or trustworthy couriers and/or shippers.
The contract execution takes place upon consignment of the asset by the Supplier to the courier. In view of this, the Supplier cannot be held responsible in case of missed or delayed delivery nor for total or partial damage suffered by the goods in question. For these, only the courier entrusted with the shipping will be accountable.
5.2. At the time of delivery of the goods by the Italian Post Office or other courier, the Client must check: that the quantity of goods ordered corresponds with what is indicated in the transport waybill; that the packaging is not damaged or wet or, in any case, altered; this applies to the fastening materials as well. Eventual damages must immediately be notified to the courier carrying out the delivery.
Once the courier’s document has been signed, the Client will not be able to contest any of the exterior characteristics of the goods delivered.
5.3. Delivery times. The Italian Post Office is committed to delivering the goods within the three days subsequent to that of shipment, within the Italian territory; for shipments to foreign countries, shipping times differ according to the relevant distance.
Should the shipping take place by means of another courier, delivery times will not exceed those provided for by art. 6 of Leg. Dec. 185/99 (30 days from the date of order and/or of the receiving of the payment, if available at warehouse). The above-mentioned delivery terms refer to products ex warehouse stock at the time of order.
5.4. Delayed delivery Possible delays in the delivery of the goods will not be able to be attributed or ascribed to the Supplier. Nor, under any circumstance, will the Supplier be responsible for damages caused by the Italian Post Office or other Couriers, as regards the delayed delivery of the goods to the client or third parties, since the contract is considered as having been executed upon the consignment of the goods to the courier.
5.5. Non-delivery On delivering the goods, should the Italian Post Office or any other Courier find no-one at the specified delivery address, they will see to depositing the goods at the stores indicated on the card that will be left at the intended delivery place. After thirty days storage, the goods will be returned to the Supplier and the Client will have no recourse to any rights. All expenses, direct and indirect, will be entirely for the Client’s account.
The Supplier will consider the payment of the goods in lieu of penalties, as well as for possible greater damages suffered.
Should the Client request the Supplier to re-deliver the products ordered and paid for, that were the object of the non-delivery, he will have to make such request immediately to the Supplier company at the e-mail address firstname.lastname@example.org. The Client will sustain all expenses incurred by the Supplier, over and above the greater damages suffered by the Supplier.
5.6. Shipping and packing expenses. These expenses are for the Client’s account and are clearly and separately specified by the price of the goods or service, at the time of fulfilling the order, as provided for in the above-mentioned art. 3.
5.7. Invoicing For every order placed on www.pollipostore.com, the Supplier issues an accompanying invoice that lists all the items shipped and which is closed in a sealed envelope that is dispatched together with the goods.
For the issuing of the invoice, the information provided by the Client at the placement of the order will be utilised as the proof.
5.8. The non-correspondence of the goods ordered with those delivered will have to be immediately notified to the Supplier.
6.1. The Client will be able to purchase only the products indicated in the electronic catalogue made available, and in the quantities held in stock as shown in real time mode.
6.2. Should the goods not be available ex stock in the quantities wanted by the Client, he will be able to contact the Supplier via e-mail in order to receive all information necessary on the product and on the timing envisaged for stock provisioning of same.
7.1. The Supplier will not be held responsible for inefficiencies attributable to causes of force majeure and/or for fortuitous instances such as incidents, thefts and/or robberies involving the courier entrusted with the shipment, fires, explosions, strikes and/or shut-downs, earthquakes, floods and other similar events that might impede, totally or partially, the fulfilling of orders within the timing and modalities agreed upon at the stipulation of the contract.
7.2. Furthermore, the Supplier will not be responsible towards anyone as regards to damages, losses and costs sustained following the non-execution of the contract for the above-mentioned causes, since the Client will only have the right to the refund of the price paid, which will be the responsibility of the Forwarding Agent, who will therefore be the sole party responsible.
8.1. In compliance with art. 5 of Leg. Dec. 185/1999, should the client be a Consumer, he will have the right to withdraw from the purchasing contract for whatever reason, without the need to provide explanations and without any penalty being imposed, without prejudice to the provisions of the present article.
It is specified that this right is reserved exclusively to natural persons, and to those consumer clients that, in compliance with the provisions of art. 1, purchase the goods for purposes not referable to and outside of their professional activity. The right of withdrawal is not envisaged for professional clients, natural persons or corporate bodies acting in a professional capacity in relation to the purchasing contract.
In order to exercise this right, the Consumer will have to notify the Supplier of his wish to withdraw, within 10 working days from the date of the goods having been received in the case of assets, or from the day of conclusion of the on-line contract for services.
Such notice shall be sent by e-mail at email@example.com in order to obtain authorization and instructions to proceed with the return. In the notice shall be given the order number for which the Consumer wants to exercise the right of withdrawal.
Once the above-mentioned notification of withdrawal has been received, the Supplier will promptly notify the Consumer of the instructions on the modalities through which the goods, undamaged and in the original packing, will have to be returned, which will have to take place within the subsequent 48 hours.
8.2. In any case, the right of withdrawal is subjected to the following conditions:
- said right applies to the product purchased in its entirety, and the right to withdrawal cannot be exercised on a part only of the product purchased;
- the asset purchased will have to be undamaged and will be returned in its original packing, complete in all its parts (including packaging and eventual documentation and accessory supplied), without anything missing.
- such right will not apply to products manufactured according to specific measurements or that have clearly been personalised.
8.3. The shipping expenses relative to the return of goods are entirely for the Consumer’s account. The goods, until certification of reception at the Supplier’s warehouse has been provided, will continue to be under the complete responsibility of the Consumer.
In any case, the Supplier is not responsible in any way for damages or theft/misplacement of goods returned by means of uninsured shipping.
If the Consumer decides to use the approved Courier indicated by the Supplier he shall not have to pay the costs of returning shipment. The payment of the costs of returning products will be made on behalf of the Consumer, directly from the manufacturer, so that will free the Consumer from any obligation to pay to the shipper. The Supplier shall deduct from the refund to the Consumer the cost for return shipment.
If the Consumer decides to use a different courier than the one approved by the Supplier, the Consumer will instead perform in person the payment of expenses for return the products purchased.
8.4. In case of withdrawal, the Supplier will refund the Consumer the entire amount already paid, within 30 days starting from the date of reception of the returned goods. If paid by bank transfer, it will be the Consumer’s responsibility to promptly provide the banking co-ordinates through which the refund will be made.
8.5. The right of withdrawal totally falls away, should the essential condition of the asset being undamaged not be complied with (packing and/or contents), in the cases in which the Supplier has ascertained:
- the original exterior packing and/or inner packaging being missing;
- the absence of the product’s integrating elements;
- damage to the products for causes other than its transportation.
In the case of loss of the right of withdrawal, the Supplier will attend to returning the purchased asset to the sending Consumer, debiting the latter with the relevant shipping expenses.
The right of withdrawal may be exercised only by the Consumer and in no case by the recipient of any gift.
9. COMPANY PURCHASES
9.1. The Supplier supplies the products on catalogue also to << professional clients >>, resellers, natural persons, public or private corporate bodies, unrecognised collective entities that have an autonomous legal subjectivity, who, in concluding the contract, act within the scope of their professional or entrepreneurial activity
9.2. In the case of orders of particular entity, the Professional can directly contact the supplier company through e-mail address firstname.lastname@example.org.
10.1. All products sold by the Supplier are covered by the official manufacturer’s warranty: minimum validity of 24 months for the Consumer (a natural person that purchases the goods for purposes unconnected with his own professional activity); 12 months for purchases made by private or public companies or by natural persons for professional purposes and, in any case, by persons provided with VAT registration number, as envisaged by article 1. In those instances in which a warranty with a duration exceeding 12 months is specified, the indicated duration will apply.
In order to exercise the right to the above-mentioned warranty, the Client will have to keep the invoice that will accompany the goods at the time of delivery.
10.2. The warranty applies to the product that will show compliance defects and/or malfunctions that will not have emerged upon purchase, on condition that the product itself has been utilised correctly and with due diligence, in other words in conformity to its usage destination and in compliance with the provisions provided in the eventual attached documentation.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1. The Supplier has the right of terminating the stipulated contract by providing simple notification to the Client with adequate and justified motivations; in this case the Client will have the right, exclusively, to the refund of the amount that will eventually have been paid.
The Client has the right of cancelling the contract within 24 hours from the order, by giving prompt communication to the customer service via e-mail address email@example.com.
11.2 The obligations assumed by the Client with the present contract are of an essential character, by express agreement; the non compliance by the Client of even one only of said obligations will cause the automatic termination of the contract in compliance with art. 1456 of the civil code, without prejudice to the right of the Supplier to resort to legal action for the indemnification of further damages suffered.
12. JURISDICTION AND COMPETENT COURT
12.1. The sales contract between the Client and the Supplier is intended as stipulated in Italy and is governed by Italian Law.
12.2. For the solutions of civil and penal disputes deriving from the stipulation of the present remote sales contract, the territorial competence is exclusively that of the Court in whose precinct the Consumer has his domicile, if this is within the Italian State territory. For Professional clients it is agreed that all disputes will be the exclusive competence of the Court of Rome (Italy).
13. ASSIGNMENT AND HANDLING OF PERSONAL DATA
The personal data required at the time of order issue are collected and processed in order to satisfy the express requests of the Client and will not in any case and for whatever reason be released to third parties. The Supplier guarantees its Clients compliance with the normative on the subject of handling of personal data, disciplined by the privacy code as per Leg. Dec 196, dated 30.06.03.
The above-mentioned general conditions of sales may be modified or updated at any time by the Supplier. Such variations will become effective from the time published on internet site www.pollipostore.com and, as a consequence, will be applicable to the sales subsequent to said modification.
INFORMATIVE IN COMPLIANCE WITH ART. 13 LEG.DEC. 196/2003
Pollipò di Paola Costantini, notifies its clients that:
a) the personal data is necessary for the management of orders and, according to the consent expressed at the registration stage, could be utilised for promotional and/or sales reasons, as well as for statistics having the purpose of monitoring the degree of satisfaction of the customer based on the quality of the services rendered and on the activities carried out, aimed at activities for improving the evolution in favour of the client requirements.
Consent not granted for the handling of data for commercial and promotional purposes will not jeopardise the carrying out of the activities required for the conclusion of the 'on-line' order processing;
b) for the purposes relating to the previous paragraph a), over and above the person responsible for the handling, also those entrusted with the marketing operations are authorised to carry out handling operations relating to said data.
The data will not be revealed to third parties
c) the Data handling takes place through the utilisation of manual, IT and telematic tools by the Supplier and/or its specifically entrusted persons. In any case the processing takes place through logic strictly correlated to the above-mentioned purposes and, in any case, in such a way as to guarantee the security and confidentiality of the data that will furthermore be managed and protected within environments whose access is under constant control.
d) The company responsible for the data handling is Pollipò di Paola Costantini - Via Mare di Bering, 40 - 00122 - Rome, Italy.
e) As regards the handling of the above-mentioned data, the Client, in compliance with art. 7 of Leg. Dec. No. 196/2003, has the right of demanding from SEM-AR srl:
1- confirmation of the existence or not of his personal data, their communication in intelligible format and knowledge of their origin, as well as the logic upon which the handling is based;
2- cancellation, within an adequate term, of his data, its transformation into an anonymous format or the blocking of those handled in violation of the law;
3- updating of the data, its rectification or, should this be of interest to him, its integration;
4- confirmation that the operations as stated at previous points 2 and 3, have been brought to the knowledge of those parties to which they were communicated, always provided that this does not prove impossible or that it calls for the deployment of disproportionate means.
Furthermore, the Client has the right to oppose, for legitimate reasons, the handling of personal data that concerns him, even if pertinent to the purpose of its collection.