ONLINE SALES CONTRACT
The buyer expressly declares that the purchase is not intended for commercial or professional purposes.
Identification of the Seller
The goods regulated by these general conditions have been placed on the market by the company Imsocial Srls, with legal headquarters at n.129 via Ripamonti, Milano, enroled at the Milan Chamber of Commerce at n. MI2539335 of the Enterprise Register, VAT number 10540440962, certified email address imsocial@pec.it, hereafter referred to as the “Seller”,
Being the case:
- that the Seller manages the website https://chiaracivello.com/it (hereafter referred to as the “Website”);
- that the Website is designed for commercial transactions between business and consumer (B2C);
- that the Website is a meeting point between supply and demand for the products indicated in point c) of art. 1 where it is possible to conclude online purchase contracts;
- that the expression “General Sale Conditions” is intended to mean the purchase contract, in relation to the Seller’s goods, stipulated between the said Seller and the Buyer within the framework of a remote sales system organised by the Seller;
- that, for such a contract, distance communication technology will be employed by means of the Internet;
- that purchasing via the Website on the part of the buyer is regulated by the General Sale Conditions;
- that the Buyer assumes the status of consumer, intended as the physical person who performs the purchase, in accordance with this contract, for purposes which do not include the carrying out of commercial or professional activities;
- that this contract, and the conditions foreseen, concerns B2C transations only, as specified in the previous point;
- that all contracts will be concluded directly through the Buyer’s access to the Website at https://chiaracivello.com/it , following the procedures indicated in order to access the reserved area of the said Website dedicated to online transactions;
- that the trademark and logo of the Website are the exclusive property of the Seller;
- that in the drafting of these General Sale Conditions, commonly used terms in the framework of information technology have been used and that, in the event of any divergences in their interpretation or meaning, reference will be made to the content of the main publications of specialist literature in the said sector;
- that the previous points constitute an integral and essential part of this contract;
the following is agreed
Art. 1. Definitions
In these General Sale Conditions, the terms listed below have the following meanings:
a) “online sale contract” is intended to mean a remote contract stipulated between the Seller and the Buyer, the final consumer, through a sale system set up by the Seller utilising the distance communication technology called the internet;
b) the term “Seller” refers to the company Imsocial Srls, with legal headquarters at n. 129 via Ripamonti, Milano, Italy, party in this contract, which manages the Website and sells products directly to users (Buyers) as indicated in the following point;
c) the term “Products” refers exclusively to the goods and/or services present in the electronic catalogues published on the Website;
d) the term “Buyer” refers to the final consumer, the customer who is authorised to utilise the Website in order to purchase the products, according to the procedures indicated in these General Sale Conditions;
e) “Consumer” is intended to mean the physical person who purchases the goods and services for purposes which do not include, either directly or indirectly, subsequent professional or commercial activities;
f) the term “Parties” refers jointly to the Seller and the Buyer;
g) the term “Website” refers to the internet site at the address https://chiaracivello.com/it through which it is possible to carry out online purchases;
h) the term “fee“ refers to the sale price of each product;
Art. 2. Scope of the Contract
2.1 These General Sale Conditions, which are made available to the Buyer for reproduction and storage in accordance with art. 12, Legislative Decree April 9th 2003, n. 70, govern the purchase of products, carried out remotely and my electronic means through the Website belonging to the Seller, with legal headquarters at n. 129 via Ripamonti n.129 Milano, tax code and VAT number 10540440962.
2.2 With this contract, the Seller and the Buyer respectively and remotely sell and buy the goods and/or services indicated hereafter.
2.3 The goods and/or services governed by this contract are all the products chosen by the Buyer and added to his/her virtual shopping trolley, following the online purchase procedures outlined on the Website.
2.4 The products and/or services referred to in the previous point are illustrated on the pages of the Seller’s Website.
2.5 The Seller promises to supply all the products subsequently indicated upon the payment of a fee referred to in art. 4 of this contract.
Art. 3. Acceptance of the General Sale Conditions
3.1 These General Sale Conditions are valid from the day in which this contract is completed and can be updated, supplemented or modified by the Seller at any time. In such an event, the Seller will communicate this through its Website and the said updates/modifications and/or supplements will come into effect for future purchases.
3.2 All purchase orders will be forwarded by the Buyer to the Seller upon registration with the Website and the insertion of a user ID and Password, thus gaining access to a reserved area by means of a secure protocol (https) and, therefore, through the completion of the outlined purchase procedure.
3.3 These General Sale Conditions must be examined online by the Buyer before the completion of the purchasing procedure. The forwarding of order confirmation, therefore, implies complete knowledge of the said conditions and their complete acceptance.
3.4 The Buyer, by electronically sending confirmation of his/her purchase order, accepts unconditionally and is obliged to observe, in his/her relations with the Seller, the general sale conditions and payment conditions illustrated hereafter, declaring that he/she has read and accepted all the indications supplied in accordance with the aforementioned regulations, also taking note that the Seller does not consider itself bound by other conditions unless otherwise and previously agreed in writing.
3.5 Acceptance of sales conditions must be expressed via the precise compilation of all the sections of the electronic form, following the video instructions and, at the end, selecting and thus accepting the boxes labelled ACCEPTANCE OF SALE CONDITIONS and PRIVACY POLICY.
3.6 These general sale conditions can be consulted at any time by the Buyer, including via the link contained in the acceptance e-mail for each order, who may then save and/or reproduce them.
Art. 4. Sales prices
4.1 All sale prices on the website – subject to availability – are expressed in euros and do not represent for the consumer an offer made to the public. Therefore, they must always be considered indicative and subject to a specific confirmation email sent by the seller, which constitutes an acceptance of the purchase order.
4.2 The sales prices mentioned in the previous paragraph include VAT and all other relative taxes, as well as the total cost of delivery to the buyer’s address indicated at the moment the order is placed, but do not include customs fees in the event they are payable. The seller does not know how much any such fees may be, and they will be communicated by the courier when the shipment has reached its destination. Customs fees are charged to the buyer and the amount is calculated according to current legislation in the country of the shipment’s destination. In the event that the customs fees are not paid and, as a result, the shipment is refused or abandoned, shipping costs and customs fees will be subtracted from the total cost of the order and the buyer will only be reimbursed for the difference.
4.3 The price indicated on the website is to be considered definitive, except in the event that, in exceptional circumstances, the seller deems it appropriate to review the said price. Such circumstances may include, but are not limited to, a sudden and not previously agreed change in price on the part of our supplier, or an unforeseen fluctuation in the exchange rate and/or shipment costs in general. In the exceptional event of prices being revised, the parties expressly commit to the renegotiation of the said price through an exchange of emails in accordance with the principles of fairness and good faith, taking into account the documentation produced and clarifying the exceptional circumstances which led to such a revision.
Art. 5. Purchasing and Refund Procedures
5.1 Each payment on the part of the Buyer will occur only by means of one of the methods indicated on the Seller’s Website.
5.2 Any refund will be accredited to the Buyer promptly via the same payment method used for the initial purchase order and, in the event that the right of withdrawal is exercised, as governed by art. 12 of this contract, a maximum of 30 days from the date in which the Seller is informed of the said withdrawal or from the moment in which the Seller retakes possession of the product in question.
5.3 The receipt of the purchase order does not place any obligation on the Seller until the said Seller expressly accepts the said order via e-mail. It is specified that upon receiving the order from the Buyer, the system will automatically send a reply summarising the order received, which does not however constitute formal acceptance of the order. The Seller, with a subsequent email, pending verification of the availability of the chosen product, will confirm and formally accept the order received.
5.4 The Buyer expressly grants the Seller the faculty to only partially accept the order (for example in the event that not all the products ordered are available). In this case, the contract will be amended to cover only the goods actually sold.
5.5 The buyer explicity delcares that the purchase completed is for purposes which do not include any commercial or professional activities.
Art. 6. Completion of the Contract
6.1 The contract stipulated via the Website is intended as complete at the moment in which the Buyer receives, via e-mail, formal confirmation of the purchase order with a communication subsequent to the automatic e-mail summarising the order referred to in art. 5.5, through which the Seller accepts the order sent by the Buyer and informs him/her that it is possible to proceed with its fulfilment. The contract is completed in the place in which the Seller’s legal headquarters are located.
6.2 Until the Buyer receives the confirmation email referred to in the previous point, he/she has the faculty to cancel the order by means of the procedures indicated on the Website.
Art. 7. Delivery Procedures and Times
7.1 The Seller will provide for delivery to the Buyer, at the address indicated in the order, of the products selected and ordered through the procedures foreseen by the previous articles, by means of trusted couriers and/or carriers. Delivery will take place within the time period indicated in the confirmation of the purchase order.
7.2 In the event that the Buyer is not at home to receive the delivery, the said Buy will be able to, upon the request of a tracking number from the Seller, contact the courier or carrier in order to make delivery arrangements.
7.3 No liability can be attributed to the Seller for late or failed delivery due to unforeseeable circumstances or fortuitous events.
7.4 The Seller will do everything possible to deliver the order in the shortest possible time. Despite the aim to deliver within the indicated time period, delivery may require more time due to unforeseen circumstances.
7.5 Upon receipt of the delivery, the Buyer is obliged to verify the conformity of the product delivered with the order placed. Only after such verification should the Buyer proceed to sign the delivery documents, notwithstanding the right to withdrawal foreseen by art. 12 of these conditions. The right to withdrawal does not apply where the goods sold have been “made to measure” especially for the buyer.
Art. 8. Limitations of liability
8.1 The Seller assumes no liability for disservices attributable to unforeseeable circumstances in the event that it is completely or partially unable to fulfil the purchase order in the time period foreseen in the contract.
8.2 The Seller cannot be considered liable towards the Buyer, except in the event of serious misconduct or negligence, for disservices or malfunctioning connected to the use of the internet beyond the control of the Seller or its suppliers.
8.3 The Seller will not be liable for damage, losses or costs incurred by the Buyer following failure to fulfil the contract due to causes which cannot be attributed to the Seller, as the Buyer only has the right to be refunded the amount paid for the product as well as any supplementary charges incurred.
8.4 The Seller assumes no reliability for any fraudulent or illegal use of credit cards, cheques or other payment means on the part of third parties upon payment for the products purchased, provided that it is demonstrated that all possible precautions have been adopted based on the best knowldege and experience currently available and based on due diligence.
8.5 Under no circumstances will the Buyer be held liable for delays or errors in payment provided that it is demonstrated that payment was effectuated in the time period and according to the procedures indicated by the Seller.
Art. 9. Obligations of the Buyer
9.1 The Buyer promises to pay the price of the product purchased according to the procedures indicated on the Seller’s Website.
9.2 The Buyer promises and is obliged, once the purchasing procedure has been completed, to print and conserve these general conditions that, furthermore, he/she will already have seen and accepted during a compulsory stage of the purchasing procedure, as well as the specifications of the product being ordered, with the aim of fulfilling entirely the condition referred to in the Legislative Decree of September 6th 2005, n. 206.
9.3 It is strictly forbidden for the Buyer to insert false and/or invented and/or imaginary data during the registration procedure by means of the electronic form; personal data and email address must be exclusively one’s own personal data and not of a third or imaginary party. The Buyer therefore assumes full responsibility for the accuracy and the authenticity of the data added to the electronic registration form in order to complete the purchasing procedure for the products in question.
9.4 It is expressly forbidden to carry out double registrations corresponding to a single person or to insert the data of third parties. The Seller reserves the right to legally prosecute any violation or abuse in the interests and for the protection of all consumers.
9.5 The Buyer indemnifies the Seller from all liability deriving from the issuing of erroneous fiscal documents due to mistakes relating to the data provided by the Buyer, as the said Buyer is the only person responsible for the correct insertion of the said data.
Art. 10. Liability for defects, proof of damage and recoverable damages: the obligations of the Seller
10.1 In accordance with articles 114 and subsequent paragraphs of the Consumer Code, the Seller is responsible for damage caused by defects in the product sold in the event that the said Seller fails to communicate to the injured party, with a period of three months from the request, the identity and address of the producer or the person who supplied the product.
10.2 The aforementioned request, on the part of the injured party, must be communicated in writing and must indicate the product that has caused the damage, as well as the place and date of purchase. It must also contain the offer in view of the product, if it still exists.
10.3 The Seller will not be held liable for consequences deriving from a faulty product if the defect is due to the conformity of the product to a legal regulation or to a binding provision, or if the state of technical and scientific knowledge at the moment in which the producer put the product on the market did not allow it at that time to be considered faulty.
10.4 No compensation will be owed in the event that the injured party was aware of the defect of the product and the danger deriving from it and nevertheless exposed him/herself voluntarily to such danger.
10.5 In any case, the injured party will have to prove the existence of the defect, the damage and the causal connection between the two.
10.6 The injured party can ask for compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the faulty product, provided that it is of a nature normally designed for private use or consumption and thus mainly used by the injured party.
10.7 Damage to things referred to in art. 123 of the Consumer Code will nevertheless be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros. (euro 387).
Art. 11. Guarantees and Assistance Procedures
11.1 The Seller will be answerable for any defects of conformity which manifest themselves within a period of two years from the delivery of the product.
11.2 For the purposes of this contract, it is presumed that consumer goods conform to the contract if, where relevant, the following circumstances co-exist: a) they are fit for the purpose for which goods of the same type are normally used; b) they conform to the description provided by the seller and possess the qualities of the product that the Seller presented to the customer as a sample or model; c) they present the qualities and level of performace which are normal for a product of the same type and which the consumer can reasonably expect, taking into account the nature of the product and, if relevant, the public statements made with regard to the specific characteristics of the products by the Seller, the producer or the agent or representative, with particular regard to advertising and labelling; d) they are suitable for the specific use required by the consumer, which was brought to the attention of the seller at the moment of the conclusion of the contract, and that the seller accepted as a result of conclusive facts.
11.3 The Buyer loses all rights in the event that he/she does not report the conformity defect to the Seller within two months from the date in which the defect was discovered. Such a report is not necessary if the Seller has recognised the existence of the defect or has concealed it.
11.4 In any case, unless proven otherwise, it is presumed that any defects of conformity that become apparent within six months of delivery already existed on that date, unless such a hypothesis is incompatible with the nature of the product or the nature of the conformity defect.
11.5 In the event of a conformity defect, the Buyer will alternatively be able to request, at no further cost, in accordance with the conditions outlined hereafter, the repair or the replacement of the product purchased, or the termination of this contract, unless the request is objectively impossible to fulfil or is excessively burdensome for the Seller in accordance with art. 130, paragraph 4, Legislative Decree n. 206/2005 (Consumer Code).
11.6 The request must be sent in writing to the Seller via registered post to the following address: Imsocial Srls, Via Ripamonti 129 – 20141 Milano, or by e-mail to imsocial@pec.it. The Seller will indicate a willingness to proceed with the fulfilment of the request, or the reasons for which it is unable to do so, within seven working days of receipt. In the same communication, in the event that the Seller accept’s the Buyer’s request, the Seller must indicate the shipping procedures for returning the product as well as the period of time foreseen for returning or replacing the faulty product.
11.7 In the event that the repair or replacement of the product is impossible or excessively burdensome, or the Seller has not arranged the repair or replacement of the product within the time period referred to in the previous point, or the replacement or the repair previously effectuated has brought significant inconvenience to the Buyer, the said Buyer will be able to ask for either an appropriate reduction in price or the termination of the contract. In this case, the Buyer will have to communicate his/her request to the Seller, who will indicate a willingness to fulfil the said request, or the reasons for which it is unable to do so, within seven working days of receipt.
11.8 In the same communication, in the event that the Seller has accepted the Buyer’s request, the Seller will have to indicate the proposed reduction in price or the procedures for returning the faulty product. In such an event, it will be the Buyer’s responsibility to indicate how the refund is to be effectuated for the sums previously paid to the Seller.
Art. 12. Right of Withdrawal
12.1 The Buyer has, in any case, the right to withdraw from the stipulated contract, without any penalties and without specifying the reason, within fourteen (14) working days starting from the date in which the purchased product is received. To such an end, the Buyer can access information regarding the right of withdrawal here.
Art. 13. Termination of the Contract
13.1 The obligations referred to in art. 9.1, assumed by the Buyer, as well as the guarantee of successful payment which the Buyer carries out in accordance with art. 5.1, and also the correct fulfilment of the obligations assumed by the Seller in art. 7, are essential in nature. Therefore, given the expressed agreement, failure to fulfil of just one of the aforementioned obligations, where not due to fortuitous or unforeseeable circumstances, will lead to the legal termination of the contract as per art.1456 c.c., without the need for judicial ruling.
13.2 In accordance with art. 1456 c.c., the party who intends to initiate termination must inform the other party by sending a letter by registered to Imsocial Srls, Via Ripamonti 129 – 20141 Milano, or a message by e-mail to imsocial@pec.it, outlining the reason for such a decision. The termination becomes effective from the date of receipt of the termination declaration, and the Buyer will only have the right to receive the sum already paid for the good or service in question.
Art. 14. Contract Storage Procedure
14.1 In accrodance with art. 12 of Legislative Decree n. 70/2003, the Seller informs the Buyer that all purchase orders are stored in a digital format according to criteria of confidentiality and security.
Art. 15. Communication and complaints
15.1 Any communication or complaint must be forwarded to the Seller using the appropriate contact form which can be accessed on the Website in the section “Customer Assistance”. Letters must be sent by registered to post to Imsocial Srls, Via Ripamonti 129 – 20141 Milano, and emails to imsocial@pec.it. The Buyer will indicate in the registration form his/her address, telephone number and/or email address through which he/she would like to be contacted by the Seller.
Art. 16. Jurisdiction and Competent Court
16.1 Any dispute relating to the application, fulfilment, interpretation and violation of the purchase contracts stipulated online through the Seller’s Website is subject to Italian jurisdiction, in accordance with art. 3, Conv. June 19th 1980, n. 80/934/CEE (Rome Convention) on the law applicable to contractual obligations. These general conditions refer to, for anything not expressly foreseen here, Legislative Decree n. 206/2005 (Consumer Code).
16.2 In the event of disputes deriving from this contract or which are related to it, the parties promise to seek a fair and good-natured conciliation.
16.3 In the event that the dispute is not resolved in a fair and good-natured manner, and the Parties intend to resort to the judicial authorities, the competent court will be the place of residence of the Buyer, which is mandatory in conformance with art. 33, paragraph 2, letter u) of the Legislative Decree n. 206/2005.
Art. 17. Applicable Law and Referral
17.1 The contract is governed by Italian law.
17.2 For anything which is not expressly foreseen here, the legal regulations applicable to the relations and to the circumstances foreseen in this contract are valid and, in any case, reference is made to the regulations of the Civil Code and the Legislative Decree n. 206/2005 (Consumer Code).
Art. 18. Final Clause
18.1 This contract abrogates and replaces any agreement, understanding or negotiation, written or oral, previously undertaken between the parties and concerning the scope of this contract.
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