Art. 1 - GENERAL CONDITIONS
These conditions refer to Legislative Decree 206 of 06/09/2005, as amended by Legislative Decree 21/2014 in implementation of the European Directive 2011/83 / EU and in force since 13/06/2014.
Art. 2 - DEFINITIONS
Consumer means the natural person who purchases goods and services from the Professional (BREDA ANNA MARIA Via San Fermo 51 - 35137 Padua (PD), Italy, Telephone +39 329 2312572, PI 05257090281, e-mail: firstname.lastname@example.org, post certified electronic: email@example.com), in this case, the legal person who sells goods or services through the "online" sale, through the conclusion of a contract stipulated exclusively in the context of the remote communication system commonly referred to as "internet" and specifically available at https://www.spazioannabreda.com/it/.
Where the customer holds the quality of "consumer" pursuant to the current provisions, the contract is also understood to be governed by Chapter I of Title III of Part III of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and, in particular, by those referred to in Section II, Part II, Title III (distance contracts) as well as, as regards the protection of personal data, by the provisions of Legislative Decree 30 June 2003, n.196.
Art. 3 - PRODUCT CHARACTERISTICS
The essential characteristics of the product covered by this contract are described in detail and represented in the on-line electronic catalog.
Art. 4 - SALE PRICE
All sales prices of the products indicated in the on-line electronic catalog are expressed in euros and include VAT and all other taxes.
Product prices do not include any delivery costs, which will be indicated in the order confirmation.
Art. 5 - DELIVERY COSTS
The delivery costs of the goods, if not already included in the price, will be added as indicated in the order form from time to time.
Art. 6 - DURATION OF VALIDITY OF THE OFFER AND OF THE PRICE
The price of the products is that indicated in the online catalog, any changes or revocations of the offer will be governed by art. 1336 cc
Art. 7 - PURCHASE METHOD
Purchases of products and services for sale on the site https://www.spazioannabreda.com/it/ are made at the price indicated therein, to be confirmed at the time of order confirmation, in addition to transport costs. Before confirming the purchase, the total cost of each product or service chosen, the total cost and transport costs will in any case be summarized.
Art. 8 - RENTAL SERVICE
The Consumer can purchase the rental service from the detail sheet of the products for which this service is made available by the Professional.
There duration of the rental service is the one indicated in the detail sheet of the products for which this service is made available by the Professional.
There effective date of the rental service starts from the moment the Consumer receives the product for which the rental service was purchased.
The price of the rental service is the one indicated in the online catalog, any changes or revocations of the offer will be governed by art. 1336 cc
The rental does not give the right of first refusal, also relating to the purchase, on the rented products.
Art. 9 - METHOD OF PAYMENT
The Consumer can pay for the goods or services as indicated on the website from time to time:
By credit card / Paypal: on a banking circuit external to the Professional's organization or through the Paypal payment system in favor of the Professional on a credit institution indicated on the website. As regards the method of payment with Paypal, by filling in the appropriate space on the website, the Consumer authorizes the Professional to use his credit card and to debit the total amount shown on his current account in favor of the Professional. what cost of the purchase made "on-line". The whole procedure takes place via a secure connection directly connected to the "on-line" payment service manager, to which the Professional cannot access.
By advance bank transfer: The IBAN and all the identifying elements of the beneficiary will be indicated at the time of conclusion of the purchase order.
Art. 10 - CONCLUSION OF THE CONTRACT
The contract will be considered concluded when the Consumer has carried out the following activities: a. Compilation of the digital form describing their identification data; b. Selection of the type of payment chosen; c. Choice of courier; d. Click on the final button "Confirm order" involving acceptance of the conditions of sale.
The Customer will receive by e-mail a notification of receipt showing the order confirmation with all the constituent elements of these conditions of sale (including products ordered, prices, shipping costs).
The Customer undertakes and undertakes, once the "on-line" purchase procedure has been completed, to print and keep these conditions of sale, which he will have already viewed and accepted as an obligatory step in the purchase, together with the specifications of the product object of the same, as required by Legislative Decree 206/2005.
It is forbidden for the Customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications. The personal data and the e-mail address must be exclusively the Consumer's personal data and not those of third parties, nor of fantasy, the Professional reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The Customer elects domicile in the place indicated in the digital form. By entering his mobile phone number, tax code and e-mail address by the Client, the Client agrees to the use of these communication systems by the Professional. The contract will not be concluded in case of purchase by minors.
The Professional reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem concerning the order received.
Art. 11 - METHOD OF DELIVERY OF THE GOOD
The delivery of the products will be carried out in the following ways chosen by the Customer:
- Free collection by the customer at the showroom located in 35137 Padua (PD), Via San Fermo 51;
- Delivery by Express Courier.
Delivery by Express Courier will be made to the address indicated by the Customer for shipping.
The Customer is required to verify that the package is intact, not damaged or wet. Only after this verification will the Customer have to accept the delivery (conditional acceptance). Once the delivery has been accepted, if the contents inside the package are damaged, the Customer will have 24 hours from the delivery date to contact the Professional and request a refund of the amount paid for each item for which the request has been accepted. return, by sending photographs in which the damage is clearly framed.
The geographical area of delivery corresponds to the geographical area covered by the offer. Shipping costs include wrapping and packing costs, unless otherwise specified in the product description.
The Professional ships in a time ranging from 3 to 7 working days throughout Italy from the time of order confirmation and payment.
The delivery time for abroad varies according to the country of destination and the geo-political situation of the moment. The cost of this service is clearly indicated during the purchase process.
The products are delivered to the address indicated by the Customer. Delivery is intended on the street level. The request for delivery to the floor of an order (where available) must be indicated by the Customer at the time of the final confirmation of the order.
On the other hand, there is a surcharge on shipping costs for those wishing to use the following additional services, if available at the place of delivery:
- Delivery by appointment;
- Delivery in the evening
- Saturday delivery;
- Delivery to the floor.
Art. 12 - SENDING INVOICES IN ELECTRONIC FORMAT
The Ministerial Circular n. 45 of 19/10/05, concerning the innovations in the field of invoicing introduced by Legislative Decree no. 52 of 20/02/04, reiterates the correctness of sending invoices to customers using the electronic mail tool (e-mail), as an alternative to the traditional forwarding by paper mail.
With this in mind, the Professional intends to replace the paper submission with transmission via e-mail (in .pdf format). We remind you that the electronic shipment must be understood as a substitute for the paper one.
Art. 13 - PROCESSING TIMES OF AN ORDER
The processing days indicated in the product data sheets are indicative, but in no case are deemed mandatory. However, it will be the responsibility of the selling party to process the orders as soon as possible, compatibly with the times of realization of the products or of the performance of the services purchased.
The Professional will not be responsible for any delays by national couriers, attributable to external causes or force majeure. In this regard, the Customer declares to have been informed that the timing for the fulfillment of an order varies according to the type of processing and the quantity requested.
If the Customer has purchased a service (for example gift card), it will be his responsibility to send everything necessary to allow the Professional to fulfill the order relating to the purchased service. Each product sheet is accompanied by all the information requested from the Customer and necessary to carry out this service. The Professional cannot process the order for the service purchased until he has received from the Customer all the information necessary for the performance of the service itself. All information must be sent completely and exclusively in the manner illustrated in the product sheet.
Art. 14 - LIABILITY
The Professional assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, riots, strikes and / or lockouts, earthquakes, floods, damage to computer systems, system failures, and other similar events that prevented, in whole or in part, to execute the contract within the agreed time frame. The Professional will not be liable for any damages, losses and / or costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the Consumer is only entitled to a refund of the price paid. Likewise, the Professional is not responsible for any fraudulent or illegal use of credit cards, checks and other means of payment. The Professional, in fact, at no time during the purchase procedure is able to know the Consumer's credit card number which, through a secure connection, is sent directly to the bank elected by the Professional as the institution responsible for receiving bank transfers.
The Professional cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Customer.
Furthermore, the Professional cannot be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
Any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, deriving from the non-acceptance, even partial, of an order is expressly excluded.
Art. 15 - TRANSFER OF RISKS
The transfer of risks to the Customer takes place upon delivery of the products to the carrier by the Professional. During the withdrawal period, the Customer is responsible for the object.
The Client's responsibility as custodian of the works of art arises from the moment of delivery and ends with the collection by the Professional or by the person appointed by the same to receive the return.
The Customer is jointly and severally liable to third parties for damages that may arise to the works of art, or to unrelated third parties, for facts attributable to them, where not attributable to the Professional.
The Professional will in no way be responsible for the custody of the works of art.
The Customer is liable for any theft of works of art limited to their selling price.
The movement of the works of art, once delivered, will be carried out by the customer under his own responsibility; the customer renounces to have the works of art repaired by third parties and any request for non-use of the same for all or part of the duration of the rental.
The custody carried out by the Customer's staff is for all purposes limited to the works of art, as well as to the related accessories and to any other related object that has been delivered by the Professional.
The Professional is not liable for the removal of removable, removable or dismountable parts of the works of art delivered.
In the event that the work of art is equipped with instructions for use, the Professional will deliver them to the Customer together with the same informing him in advance. In case of non-observance of the instructions for use, the Professional will not be liable for any damage caused to the works of art by the Customer or by third parties without intent or gross negligence.
In the event that the Customer suffers damage to person or property due to the use of the works of art by third parties, he will have to make his claims directly against the latter.
The Professional is exonerated and in any case declines any and all responsibility for damage to the works of art from weather events, floods, floods, seismic events and / or vandalism.
Art. 16 - CONSUMER RIGHT OF WITHDRAWAL
The Consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of their receipt, makes full proof of the receipt the date shown on the delivery note. Although not required by law, in order to improve the service, a brief explanatory note of the reason for the withdrawal would be welcome. The right of withdrawal is exercised by sending a written communication to the Professional's address within the prescribed period by registered letter with acknowledgment of receipt; notwithstanding the provisions of art. 54 of Legislative Decree 206/2005, the communication can be sent within the same term also by e-mail to the e-mail address firstname.lastname@example.org. If the goods have been delivered, the Consumer is obliged at his own expense to return it or make it available to the Professional or the person designated by him, within 14 working days from the date of receipt of the goods, the date shown on the document is full proof. delivery, upon written indication of the chosen return method; in the absence of the above, the return will be deemed to have been made by postal service. Under penalty of ineffectiveness of the right of withdrawal, all items must be provided with the original packaging and any manuals, without any lack.
If the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The Customer must send the product properly packaged and packaged.
The Professional, in case of exercise of the right of withdrawal by the Customer, has the right not to accept the return of products that have been altered in their essential and qualitative characteristics or that have been damaged.
The Professional accepts returns kept in a normal state of conservation, kept with the use of normal diligence. Products damaged by detergents / additives, or products damaged by the Customer due to inexperience will not be replaced or refunded.
The Customer must insert a copy of the delivery document received inside the packaging box.
The risks of transport for the return of the products are fully borne by the Customer.
If the Consumer exercises the right of withdrawal in accordance with the above, the Professional will reimburse the sums already paid no later than 30 days from the date on which he became aware of the right of withdrawal by the Consumer, reserving in any case , the right to withhold the refund until the goods are received. If the price has been paid by credit card, the Professional will credit the same sum, through the issuing institution, to the Consumer's card or to the PayPal account or through the bank details communicated by the same; the refund will be free of charge.
As foreseen by the legislative decree 6/9/2005 n. 206, the right of withdrawal governed by these conditions of sale does not apply to goods commissioned ad hoc for the customer or which cannot be returned or are liable to deteriorate or expire rapidly.
If the Customer has purchased a service (for example the purchase of Gift Cards), he will not be able to exercise the right of withdrawal for the part he has already used.
Art. 17 - TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the Consumer, as well as the guarantee of successful completion of the payment that he provides with the means referred to in the "payment methods", have an essential character, so that by express agreement, the non-fulfillment by the Consumer of only one of these obligations, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, through the simple communication of the Professional to the Consumer, without the need for a judicial decision, without prejudice to the right of the Professional to take legal action for compensation for further damage. In this case, the Consumer will only be entitled to a refund of any sum already paid.
Art. 18 - USE OF THE SITE
The photographs and video presentation of the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variations, may depend on software and IT tools used by the Customer when connecting to the site. The Professional assumes no responsibility for the problems caused to the Customer by the use of the site and the technologies used.
Art. 19 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Professional informs that the site, as well as all trademarks and distinctive signs used in connection with the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, is prohibited. alteration or transformation, in any form and for any purpose, the Professional reserves the right to act legally to protect these aspects.
Art. 20 - COMPLAINTS AND COMMUNICATIONS
Disputes and complaints relating to works of art must be communicated to the Professional, no later than 48 hours from receipt of the product or service.
Any complaints can be sent by mail BREDA ANNA MARIA 35137 - Via San Fermo 51, Padua (PD), by e-mail: email@example.com, or certified e-mail: firstname.lastname@example.org
Art. 21 - PRIVACY - PROCESSING OF PERSONAL DATA
Pursuant to and for the purposes of art. 13 European Privacy Regulation n. 679/2016 ("GDPR") and of Legislative Decree no. 196/2003, the Professional undertakes to process the personal data provided by the Customer (upon receipt of the information provided by the Professional pursuant to Article 13 of Legislative Decree No. 196/2003) and connected with this deed exclusively for management and administrative purposes.
The data controller is BREDA ANNA MARIA while the data processor, to whom the Customer can contact to assert his rights as provided for by art. 7 of Legislative Decree 196/2003, is indicated on the website https://www.spazioannabreda.com/it/
Art. 22 - GENERAL PROVISIONS
For anything not foreseen, reference is made expressly to the provisions of the civil code and to the special regulations in force concretely applicable.
In the event that one or more provisions of these general conditions should be null, void, invalid or inapplicable for any reason for any reason, they will not affect the validity and applicability of the other provisions of these general conditions.
The Professional reserves the right to modify these general conditions at any time, meaning those published on the site https://www.spazioannabreda.com/it/ to all effects in force.
Art. 23 - JURISDICTION
Within the wider limits of the applicable provisions of the law (where therefore the prohibition pursuant to art.33 of the Consumer Code regarding the provision of a forum other than that of residence or elective domicile is not in force between the parties Customer qualifying as a "consumer"), for any dispute concerning the validity, interpretation and execution of these general conditions the court of Padua will be exclusively competent.
Where the customer holds the quality of "consumer" pursuant to the current provisions for any dispute, pursuant to art. 66-quater paragraph 3 of the Consumer Code, it is possible to resort to mediation procedures, as per legislative decree no. 28. Without prejudice to the possibility of using the voluntary and joint negotiation procedures provided for by article 2, paragraph 2, of the same legislative decree no. 28.
Art. 24 - COMMUNICATIONS
For any communication, you can contact the Professional at the following addresses:
- Showroom: Via San Fermo 51, 35137 Padova - Italy
- E-mail: email@example.com
- Tel. 329 2312572
Art. 25 - APPLICABLE LAW
The sales contract between the Customer and the Professional is concluded in Italy and governed by Italian law.
ACCEPTANCE OF THE TERMS OF SALE
Concluding the order, pursuant to and for the purposes of articles 1341 and 1342 cc, the Customer declares to have read, understood and expressly approved the following clauses: Art. 1 (General conditions), Art. 2 (Definitions), Art. 3 (Product characteristics), Art. 4 (Price of sale), Art. 5 (Delivery costs), Art. 6 (Duration of validity of the offer and price), Art. 7 (Purchase methods), Art. 8 (Rental service), Art. 9 ( Methods of payment), Art. 10 (Conclusion of the contract), Art. 11 (Methods of delivery of the goods), Art. 12 (Sending invoices in electronic format), Art. 13 (Time to process an order), Art. 14 (Liability), Art. 15 (Transfer of risks), Art. 16 (Consumer right of withdrawal), Art. 17 (Termination of the contract and express termination clause), Art. 18 (Use of the site), Art. 19 (Intellectual and industrial property rights), Art. 20 (Complaints and communications), Art. 21 (Privacy - processing of personal data), Art. 22 (General provisions), Art. 23 (Jurisdiction), Art. 24 ( Comu indications), Art. 25 (Applicable law) of these conditions of sale.