TERMS OF SALE
For Merchandise purchased online
The Purchaser expressly declares that his purchase is unrelated to his commercial or professional activity
Identification of the Supplier
The goods described in the General Conditions below are traded by Glasstime srl, registered address Via Lazio n.8, Pesaro, Glasstime srl is registered at the Chamber of Commerce of Pesaro at n. 02283170419 of the Companies Registration List, VAT number 02283170419, named below as "Supplier", certified email address firstname.lastname@example.org.
- 1.1. The expression "online sale contract" refers to the purchase agreement concerning the material personal property of the Supplier, stipulated with the Purchaser in range of a remote sale system through telematic vehicles and established by the Supplier.
- 1.2. The expression "Purchaser" refers to the consumer, the natural person who execute the purchase, whereof this contract, for purposes not related to his commercial or professional activity.
- 1.3. The expression "Supplier" refers to the subject of the epigraph.
2. Subject of the contract
- 2.1. With the following agreement the Supplier and the Purchaser respectively sell and buy, through a remote sale system, the material personal property "Vetroso Line", for sale on the website www.vetroso.it.
- 2.2. The products referred to at 2.1 are displayed on the website www.vetroso.it.
3. Modality of stipulation of the contract
- The agreement between Supplier and Purchaser is closed through the web. The Purchaser can formalize the offer following the information on www.vetroso.it and close the contract for the purchase of the goods described at point 1 of the article hereof.
4. Conclusion and effect of the agreement
- 4.1. The contract is concluded with the exact compiling of the request form and the consent to the purchase sent online, or the compiling of the form in the dedicated area of the website www.vetroso.it and the subsequent shipping of the form after the visualisation of a printable recap page of the order, where all data about the Supplier and the Purchaser are written, together with the price of the merchandise, the shipping cost and other possible extra costs, the modality and terms of payment, the shipping address, the time of delivery and the right of withdrawal.
- 4.2. The Supplier will send a confirmation email to the Purchaser as soon as he receives the order, attached to the email the Supplier will send the terms of sale, a recap of the order with all data mentioned in 4.1, the information about use, assembling and maintenance of the product (these instructions will also be sent together with the product and are described on the dedicated page of the website). It is also possible to visit a printable confirmation and recap web page of the order containing all data mentioned at 4.1.
- The agreement is not considered effective between the parties if something of 4.1 or 4.2 is missing.
5. Modality of payment and refund
6. Time and modality of delivery
- 6.1. The Supplier will ship the selected merchandise according to the Purchaser's needs or to the modalities shown on the website at the moment of purchase and confirmed in the email whereof point 4.2.
- 6.2. Since we work with personalised products, the shipping of these will occur within 20 working days from the receiving of the payment of the order through one of the modalities described in 5.1. In case the Supplier is not able to ship the merchandise within this term, he will promptly send an email to the Purchaser to inform him.
- 6.3. Modalities, time and costs of shipping are clearly explained on the Supplier's website www.vetroso.it.
- 7.1. All sale prices of merchandise on the website www.vetroso.it are expressed in Euro and represent an offer to the customers according to art. 1336 u.c.
- 7.2. Sale prices described at 7.1 include VAT and any other tax.
- Shipping costs and any possible extra fee, even if not included in the sale price of the merchandise, must be calculated and specified before the forwarding of the order by the Purchaser and must be specified in the order recap page on the website as well.
- 7.3. I prezzi indicati in corrispondenza di ciascuno dei beni offerti al pubblico hanno validità fino alla data indicata nel catalogo.
8. Availability of products
- 8.1. The Supplier produces all products described in the catalogue internally and upon specif requests (dimensions, shapes, finish) of the purchaser expressly specified at the moment of order described in 4.1. The Supplier also assures the processing and shipping of orders without delay through his telematic system. The Supplier can not specify in his electronic catalogue neither the number of products available or not nor the time of delivery, since he works with personalised products.
- 8.2. The informatic system of the Supplier will confirm the receipt of the order as soon as possible by means of an email to the Purchaser, according to 4.2.
9. Limitations of responsibility
- 9.1. The Supplier can not be considered responsible for inefficiencies due to force majeure such as explosions, accidents, fires, strikes, earthquakes, floods, in case he is not able to process the order within the terms described in the agreement.
- 9.2. The Supplier can not be considered responsible towards the Purchaser, except in case of malice or negligence, for the malfunctioning related to the use of the internet beyond his control or that of his sub-suppliers. .
- 9.3. The Supplier will not be responsible for damages, loss and costs faced by the Purchaser due to the unsuccessful execution of the contract for causes not ascribable to the Supplier. The Purchaser has the right to receive the refund only for the cost of the products purchased and for possible extra costs.
- 9.4. The Supplier is not responsible for the illicit use of credit cards or other methods of payment by third parties if he proves he took all possible security measures based on the best science and experience and on ordinary care.
- 9.5. In any case the Purchaser can be considered responsible for delays or problems related to the payment if he proves that he has accomplished the payment according to time and modalities specified by the Supplier.
10. Responsibility for deficiency, evidence of damage and indemnifiable damages: Supplier's obligations
- 10.1. According to artt. 114 of the Usage Code, the Supplier is responsible for the damages caused by the flaws of the product sold..
- 10.2. The Supplier can not be considered responsible for the consequences derived from a defective product when the flaws are due to the conformity of the product itself to a juridical law or to a binding measure, or if all the scientific and technical knowledge at the moment the product was offered for sale, did not allow the supplier to consider the product as defective.
- 10.3. No refund is due if the damaged person was aware of the flaws of the product and of the risk related to it and exposed himself to this risk.
- 10.4. In any case the damaged person will have to prove the flaw, the damage and the causal connection between these two.
- 10.5. The damaged person will be able to ask for the refund of damages caused by the death or personal injury or the destruction or deterioration of something different from the defective product, but just in case this is something destined to normal usage and used properly by the damaged person.
- 10.6. The damage to things described in 123 of the Usage code can be refund only if it exceed the sum of € 387.00 (three hundred eighty-seven)
11. Warranties, merchandise control and assistance
- 11.1. The Supplier is accountable to the Purchaser for any possible lack of conformity that arises within two years from the delivery of the product.
- 11.2. At the moment of delivery, the Purchaser is called to respect the following conditions to allow the Supplier to offer him a proper assistance and warranty service:
- - The package of the product must be intact, not damaged neither wet nor altered;
- - In case the package is not intact, the Purchaser is asked to accept the package with condition and to place the caption "RECEIVED WITH CONDITION-DAMAGED PACKAGE" on the receipt, specifying the type of anomaly;
- - In case the package is seriously damaged, we ask the Customer to refuse the merchandise for serious damage. In this case the Customer must promptly contact the Supplier using the Client Service on the dedicated page of website or calling the number: Tel and Fax +39 0721 416750
- 11.3. For the purposes of the contract hereof, it is assumed that the consumer goods are compliant to the contract itself if the following circumstances coexist:
a) they are suitable to the use made of similar goods;
b) they are congruent with the description of the goods made by the Supplier and have the same features of the good displayed as example to the consumer;
c) they have the same qualities and performances of similar goods as expected by the consumer, considering the nature of the good and the description of its specific features made by the maker, especially in the advertisement or on the label of the product;
d) they are suitable to the use requested by the consumer to the seller at the signing of the contract and accepted by the seller himself.
- 11.4. The Purchaser loses all rights if he does not inform the Seller of the lack of conformity within two months from the discover of it. The notification is not necessary in case the Seller recognises the existence of this lack or has concealed it.
- 11.5. The lack of conformity deriving from a wrong installation of the product is considered equal to a lack of conformity just in case the installation is included in the agreement and has been done by the seller or under his responsibility. The same thing happens if the lack of conformity derives from a wrong installation of the product by the Consumer due to a lack of instructions, in cases of products conceived to be installed by the purchaser.
- 11.6. In any case and until proven otherwise, it is assumed that the lacks of conformity arising within six months from the date of delivery of the product were existing before that date, unless this hypothesis is conflicting with the kind of the good or with the lack of conformity.
- 11.7. In case of lack of conformity, the Purchaser will be able to ask the restoration or replacement of the merchandise, a price reduction or the dissolution of the contract hereof without any extra fee, except in case the request of the Purchaser is impossible to fulfill or in case it is very expensive for the Supplier according to what is written in art.130, clause 4, of the Usage Code.
- 11.8. The request must be sent in written form by means of a registered mail or of certified email to the Supplier, who will give his availability to fulfill the request or will explain the reasons that prevent him from fulfilling it, within seven working days from the receiving of the request. In the same message, in case he accepts the request of the Purchaser, the Supplier will specify the shipping or return methods and the deadline for the return or replacement of the damaged good.
- 11.9. In case the restoration or replacement of the product are impossible or too expensive, or in case the Supplier overcomes the deadline described above or, at last, in case the restoration or replacement of the product has caused too many diseases to the Purchaser, he can ask for a price reduction or for the dissolution of the contract. The Purchaser will have to send his request to the Supplier who will give his availability to execute the request or will explain the reasons that prevent him from executing it, within seven working days from the receiving of the request.
- 11.10. The Supplier will have to specify his offer of price reduction or the modalities of return of the damaged good in case he accepts the request of the Purchaser.
- In these cases, the Purchaser is called to specify the modalities for the credit of the amount previously payed to the Supplier.
- 11.11. A slight lack of conformity impossible or too expensive to restore or return is not considered a valid reason for the dissolution of the contract.
12. Duties of the Purchaser
- 12.1. The Purchaser undertakes to pay the price of the product within the terms and time specified in the contract.
- 12.2. The Purchaser undertakes to print and keep the contract after the conclusion of the online purchase.
- 12.3. The information included in this contract have been already examined and accepted by the Purchaser who shall aknowledge that, because this passage is necessary to confirm the purchase.
13. Exclusion of the Right of Withdrawal
- 13.1. Since this contract is for the purchase of a completely personalised product, the Purchaser won't be able to exercise the right of withdrawal established by the art. 59 of the Usage Code because the exercise of this right is excluded by the art.59, clause 1, letter C, Usage Code for the sale of "personalised or custom-made products".
14. Causes of Dissolution
- 14.1.The obligations described at 12.1L, accepted by the Purchaser together with the warranty of successful conclusion of the payment with the modalities described at 5.1, and the fulfillment of the obligations of the Supplier described at point 6, are essential for the contract, the lack of one of these conditions, except in case of force majeure, leads to the immediate dissolution of the contract ex art. 1456 u.c, without any need of the decision of a judge.
15. Tutela della riservatezza e trattamento dei dati dell’Acquirente
- 15.1. The Supplier protects his customers privacy and guarantees the use of personaI data according to the current Privacy Protection Law, whereof legislative decree n. 1961 of 30 June 2003,.
- 1 General Provision of the Guarantor for the protection of personal data Semplifications of public and private perfomances regarding treatment for accounting and administrative purposes of the 19 June 2008, published on Gazzetta Ufficiale 1° July 2008, n. 152.
- General Provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium companies of the 24th May 2007, published on Gazzetta Ufficiale 21 June 2007, n. 142.
- 15.2. PersonaI and fiscal data received directly or through third parties by the Supplier, holder of the treatment, are collected and treated in printed, IT and telematic format, according to the use, for the recording of the order and the execution of the contract hereof and related communications, for the fulfillment of eventual legal obligations and for an efficient management of commercial relationships to execute the requested service in the best way (art. 24, clause 1, letter b), legislative decree (196/2003)22.
- 15.3. The Supplier commits himself to deal reservedly with all information about the Purchaser and not to reveal these information to unauthorized people, neither to use them for different purposes from the original ones, nor to send them to third parties. These data could only be displayed on request of the legal authority or other authorities authorized by law.
- 15.4. Personal data will be communicated upon subscription of a confidentiality commitment and only to people involved in the execution of the activity related to the contract and its purposes.
- 15.5. The Purchaser benefits of the rights explained in art. 7 of the legislative decree 196/2003 , that is the right to obtain:
a) the update, the amendment or the integration of data;
b) the cancellation, the change in anonymous form or the block of data used breaking the law, included the data whose preservation is not necessary for the original purposes;
c) The attestation that the operations of a) and b) have been communicated to those who have received the data, except in case of impossibility of the communication or in case the communication requires excessive financial resources. The Person concerned has the right to take position against all or part of the treatment of his personal data for licit reasons; the Person concerned has the right to take position against the treatment of his personal data for advertising, sale, market research and commercial communications.
- 15.6. The communication of personal data by the Purchaser is necessary for the exact and prompt execution of the contract. Otherwise, it is not possible to process the Purchaser's request.
- 15.7. Anyway, the data will be kept just the time necessary to process the order and their removal will occur in the safest way.
- 15.8. The Supplier is the data treatment Controller. The Purchaser can apply to the Supplier for any request or need at the corporate headquarters.
- 15.9. All requests, suggestions, ideas, information or materials arriving at the address (also email address) of the Supplier, will not be considered as confidential data. These data must be true and not violate other people's rights, in no case the Supplier can be considered responsible for the information or for the content of these data.
16. Archiving of the contract
- 16.1. According to art. 12 of legislative decree 70/2003, the Supplier informs the Purchaser that all orders are stored in digital form and in respect of privacy at the Supplier's office.
17. Communications and claims
- 17.1. All written communications and possible claims sent to the Supplier will be considered valid only if sent to the following address: Glasstime srl, via Lazio n^8 Pesaro 61122, or sent through fax at this number: +39 0721 416750 or sent to the following email address: email@example.com. The Purchaser will specify in the registration form his address, the phone number or the email address where he wants to receive all communications from the Supplier.
18. Settlement of disagreements
- 18.1. All disagreements related to the contract hereof will be ceded to an attempt of conciliation at the Mediation Organism of the Chamber of Commerce of Pesaro and Urbino and will be solved on the base of the conciliation rules used by the Chamber of Commerce.
- 18.2. In case the parties want to apply to the Civil Court, the Court in charge is that of the consumer's residence, binding according to art. 33 clause 2, letter u.
19. Applicable Law and indictment
- 19.1. The contract hereof is ruled by the Italian Law.
- 19.2. The laws applicable to the relationships and to the circumstances of this contract are valid, even if not expressly stated here, especially the art. 5 of the 1980 Convenzione di Roma.
- 19.3 According to art. 60 of Usage Code, this contract expressly quotes the regulation described in the Part III, Title III, Capo I of the Usage Code.
- The following contract cancels and replaces all agreements, written or verbal negotiations occurred between the parties and concerning the subject of the contract hereof.