GENERAL CONDITIONS OF SALE ONLINE
GENERAL PROVISIONS
These conditions are valid
exclusively between the company Borgogni Caterina S.r.l., owner of the
e-commerce platform on this site (www.figarope.it) and all the articles on sale
on the page called "SHOP", company with registered office in Via XXV
Aprile, 3, Arezzo, P.IVA 01388730515, registered at the Chamber of Commerce of
Arezzo, n. REA: 102296 (mail: info@figarope.it, pec: borgogni289ar@pec.it) and
any person who makes online purchases on the website www.figarope.it
hereinafter referred to as ''Customer/Buyer User". These conditions may be amended and the date of
their publication on the site is equivalent to the date of entry into force. These
conditions govern purchases made on the website www.figarope.it, in accordance
with the provisions of Part III, Title III, Chapter I, of the Consumer Code,
D.lgs. n. 206/2005, modified by D.lgs. n. 21/2014 and by D.lgs. 70/2003 in
matter of electronic commerce. If the
purchase is made, on the e-commerce page, by a professional entity in the
context of a B2B sale (business to business), these terms and conditions of
sale, dictated by the discipline of the Consumer Code (D.Lgs 206/2005), do not
apply, but the relationship will be essentially governed by the provisions of
the Civil Code on Sales and Purchases to Articles. 1492 and following. We
therefore invite professionals who proceed with the purchase on the online page
to consult the conditions on the contract with Borgogni Caterina S.r.l. or to
contact the same seller for more information on rights and shares exercisable.
ARTICLE 1 -
DEFINITIONS
1.1.
The term "online sales contract" means the purchase and sale contract
relating to the Seller’s tangible movable property (Borgogni Caterina S.r.l.),
which has been concluded between the Seller and the buyer as part of a distance
selling system using telematic tools, organized by the Seller himself.
1.2.
The term "Buyer" means the Customer/Consumer User, as indicated by
the Consumer Code (D.Lgs 206/2005), a natural person who makes a purchase on
the website www.figarope.it of Borgogni Caterina S.r.l., for purely personal
purposes, not related to any commercial or professional activity that the buyer
may carry out.
1.3. The term "Seller" means the subject in
epigraph or the person who, as a professional, performs an information service
and commercial activity in general.
1.4.
The Seller may act on orders that come from persons identified or identifiable
as "consumers" and will be governed by these conditions but will not
act on orders that do not comply with its commercial policy.
1.5. The General Conditions of Sale regulate the offer, the forwarding of
an order and the acceptance of the same, but before placing orders and
purchasing products and services from parties other than the Seller, it is
always required to verify the conditions of sale of the website
www.figarope.it, because the Seller is not responsible for the provision of
services by third parties that are different from the Seller, nor for the
conclusion of e-commerce transactions between users of www.figarope.it and
third parties other than the Seller.
ARTICLE2-SUBJECT
MATTER OF THE CONTRACT
2.1.
With these General Terms and Conditions of Sale, Borgogni Caterina S.r.l. sells
and the Customer/User Buyer purchases at a distance the tangible movable goods
indicated and offered for sale on the website www.figarope.it (supply of goods,
in particular bronze and silver jewels).
The
contract is concluded exclusively through the Internet, through the access of
the Customer/User to the address https://www.figarope.it/# and the realization
of a purchase order according to the procedure provided in the appropriate page
of purchase of the site called "SHOP".
2.2.
The customer undertakes to inspect the selected products, before proceeding
with the confirmation of his order, these general conditions of sale, in
particular of the pre-contractual information provided by Borgogni Caterina and
to accept it by means of a flag in the indicated box, together with the
understanding of the information on the processing of personal data.
2.3. The products referred to in the previous paragraph are illustrated on
the website page https://www.figarope.it/categoria-product/silver/ and
correspond faithfully to the goods purchased by the Customer/User.
ARTICLE
3 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE
DECREE 206/2005
3.1
The Customer/Buyer User has the possibility to view the product, through the
images made available to him in the product sheet and to choose freely and
knowingly, before concluding the purchase contract. The
Customer/Buyer User who validates the order is requested an explicit and
informed authorization and is also informed about:
- total price of goods including taxes, with
details of shipping costs;
- terms of payment;
- the procedures and deadlines for delivery of
the goods;
- the conditions, terms and procedures for
exercising the right of withdrawal (Art. 13 of these conditions) as specified
in Annex I, Part B of Legislative Decree 21/2014 and in the Consumer Code and
through the form made available on the site LINK
-
information that the Customer/Buyer User will not have to bear the cost of
returning the goods in case of withdrawal, limited to shipping the goods to the
Seller; -
the existence of the legal guarantee of conformity for the purchased goods; -
the functionality of the digital content, the processing of the personal data
of the purchaser and the applicable technical protection measures;
- conditions of after-sales assistance and
commercial guarantees provided by the Seller;
- communications and complaints.
3.2
The Customer/Buyer User may, at any time and in any case before the conclusion
of the contract, take note of the information relating to the Seller, the
geographical address, the telephone number, the e-mail address and certified
e-mail, information that are reported, below and in the Privacy policy that we
invite you to read LINK PRIVACY POLICY.
ARTICLE 4 -MODE
OF PURCHASE ON THE E-COMMERCE PAGE
4.1 the Customer/User Buyer to proceed with the purchase of the goods
available on the website www.figarope.it, must select the product and the
desired quantity by selection from the retractable curtain.
4.2
the availability of the product is indicated by the page, as specified below in
the appropriate section.
4.3 Once the goods and the relative quantity
have been selected, the Customer/Buyer User can proceed with the operations of
conclusion of the contract and purchase of the goods by selecting the banner
displaying his cart (VIEW CART)
4.4 the shopping cart page is a summary of the
information and contents necessary for the successful conclusion of the
contract and the Customer/Buyer User can, before proceeding with the payment,
Update your shopping cart by deleting unwanted products or by continuing with
the selection of purchases.
4.5
if the cart page is correct and complete the Customer/ Buyer User can proceed
to the conclusion of commercial operations with the payment, by selecting the
button PROCEED WITH THE ORDER, necessary to enter the information and personal
data as well as the chosen payment methods (as specified in the appropriate
section of this statement), which allow the conclusion of the deal.
ARTICLE 5 -CONCLUSION AND EFFECT OF THE CONTRACT
5.1
The contract of sale is considered concluded with the sending by Borgogni
Caterina of an e-mail confirming and registering the order, the payment
received and the shipment made and with the subsequent display by the
Customer/Buyer User of a summary page of the order, the rights of the customer
in order to return and withdrawal from the contract, as specified in the
appropriate section.
The e-mail contains the data of the
Customer/Buyer User (Name, Surname, email address), the order number, the price
of the goods purchased, the tracking number for tracking by courier and the
delivery address to which the goods will be sent and the link to be able to
print and store the copy of these conditions, which are contract in all
respects.
5.2
It will be the responsibility of the customer to view this document, after the
order and communicate, if necessary, any changes to the data, through the
contacts made available in this contract or in the privacy policy made pursuant
to EU Regulation 2016/679.
It will be the responsibility of Borgogni
Caterina to describe the products in the best possible way and associate them
with the relevant images. It should
be noted, however, that the photographs of the products presented on
www.figarope.it, do not constitute a contractual element, as they are to be
considered only representative.
5.3
In the absence of the above, the contract cannot be considered as concluded and
effective between the parties.
ARTICLE 6
-AVAILABILITY OF PRODUCTS
6.1.
Product availability refers to actual availability at the time the
Customer/Buyer User places the order. This availability must, however, be regarded as purely
indicative. Borgogni Caterina indicates in real time, in its
catalog inserted in the pages of the site, the number of products and their
availability, marking the unavailability with the word "Terminated".
6.2.
The sales system of the website www.figarope.it provides that some products can
be purchased as unique products, others will have an active stock, also
allowing multiple order. However, should the order exceed the quantities
available to the professional seller, or should there be technical problems in
the course of evasion, it will be the responsibility of the latter to notify,
by email, the customer of the actual availability and whether the desired
product is or is not affordable and which, in the event that you proceed with
the purchase, are the estimated time for delivery of the selected good.
6.3. The Customer/User Buyer will always be faced with the possibility or
not to proceed with the purchase of the products of which there is a lack of
availability and to request and obtain the possible refund of the payment made
by XPAY or PAYPAL, before a statement by the Seller regarding the
unavailability of the chosen product.
6.4. The Seller’s IT system will confirm the order
registration as soon as possible by forwarding an e-mail confirmation to the
Customer/Buyer User in accordance with point 4 (confirmation e-mail).
ARTICLE 7 -METHODS OF PAYMENT AND
REIMBURSEMENT
7.1.
Any payment by the Customer/Buyer User may be made only through one of the
methods indicated on the "SHOP" page at the end of the purchase (XPAY
system of NEXI, PAYPAL and bank transfer).
7.2
The payment methods provided by the "SHOP" page of the site are:
Credit/debit
card. With
this payment method, the Customer/Buyer User can complete the order by entering
the details of their credit/debit card (card number, expiry date, cvv code,
Name and Surname and email) on the page to which you are redirected to Nexi
spa, which, as specified in the specific information on the processing of
personal data LINK, needs certain data to proceed with the operations. By
clicking on the "Continue" button, the Customer/Buyer User will enter
a legally binding order. The operation will be possible only if the
General Terms and Conditions of Sale of Borgogni Caterina have been previously
accepted by ticking the box adjacent to the button. Before
clicking on the "Continue" button, the Buyer may cancel the operation
and consequently the order at any time, modify its contents by removing the
existing goods from the cart and/or adding new products, as well as changing
the shipping address and payment method. With the Credit/Debit Card payment method on
the Xpay platform of Nexi s.p.a the execution of the binding order for the Customer/Buyer
User and the relative payment will take place simultaneously.
Paypal. With
this payment method, the Customer/Buyer User will place a legally binding order
by clicking on the "Paypal" button. The
"Paypal" button will be activated only if the General Terms and
Conditions of Sale of Borgogni Caterina have been previously accepted by
ticking the box adjacent to the button. Before clicking the "Paypal" button,
the Customer/Buyer User can cancel the order at any time, modify its contents
by removing the existing goods from the shopping cart and/or adding new
products, as well as change the shipping address and payment method. Once
the "Paypal" button is selected, the Customer/Buyer will be
redirected to the Paypal website to make the payment. The
site will process the data and information requested in the manner and
according to the terms provided in the information on the processing of
personal data, made pursuant to EU Regulation 2016/679 and present at the
following LINK. At the end of the payment process on the Paypal website, a
binding order will be generated for the Buyer at the same time as the payment.
Bank
transfer. With this payment method, the Customer/Buyer User
will place a legally binding order by clicking on the "Place Order"
button. The
button "Place the order" will be active only in case the General
Terms and Conditions of Sale of Borgogni Caterina have been previously accepted
by ticking the box adjacent to the button. Before clicking on the "Place Order"
button, the Customer/Buyer User can cancel the order at any time, modify its
contents by removing the existing goods from the cart and/or adding new products,
as well as changing the shipping address and payment method. After
sending the Order, the Customer/ Buyer User will receive a summary email
containing the details for the execution of the bank transfer. The
buyer will have 5 (five) working days to make payment by bank transfer (in
which he will have to enter the ID of the order, received by email, as a reason
for the bank transfer) and give notice to the seller, After this period
Borgogni Caterina can cancel the order giving timely notice to the Customer/
Buyer User.
7.2. Any refund to the Customer/ Buyer User will
be credited through one of the methods proposed by the Seller and chosen by the
Customer/ Buyer User, in a timely manner and, in case of exercise of the right
of withdrawal, as governed by art. 15 of this contract, at the latest within 14
days from the date on which the Seller became aware of the withdrawal. If
the customer has made the payment by bank transfer the refund will be made in
the manner communicated by the customer (n. IBAN and/or C/C).
7.3.
All communications related to payments are made on the basis of the
applications used by Borgogni Caterina and protected by encryption systems. Seller
warrants that the storage of this information is carried out by payment
application holders (XPAY and PAYPAL) on an encryption and security level, in
compliance with the provisions of the current regulations on the protection of
personal data, as well as specified in the Privacy and Cookies Policy, which we
recommend to view LINK. For any other information we invite Customers/ Buyers
Users to consult the relevant application pages.
ARTICLE 8
-DELIVERY TIMES AND DELIVERY METHODS
8.1.
Borgogni Caterina will deliver the products selected and ordered, in the manner
chosen by the Customer/ Buyer User or indicated on the appropriate page
"SHOP" of the website at the time of the offer of the good, as
confirmed in the email referred to in point 5.
8.2.
The products will be delivered by express courier (DHL) to the address
indicated by the Customer/Buyer User on the purchase page within 3/5 working
days (excluding holidays, Saturday and Sunday) from the time of the order,
after sending to the Customer/User of the e-e-mail order confirmation by e-mail
from info@figarope.it and in any case starting from the verification, by the
Seller, of the actual accounting of the payment. Borgogni Caterina reserves
the right to deliver the product within and no later than the following 15 days
from the accounting of the customer’s payment, in consideration of the
particularity of the product or the difficulties to reach the address chosen by
the Customer/ Buyer User.
8.3.
Once the order has been placed, the customer has the possibility, through the
Trucking number inserted in the order email to connect to the link for tracking
the package.
8.4.
In the event that Borgogni Caterina is not able to carry out the shipment
within this deadline but in another, neither will be given prior notice and
timely e-mail to the Customer/ Buyer User.
8.5.
For each order placed on the website www.figarope.it, the Professional Seller
shall issue an invoice for the goods sent (in electronic format) even if the
purchase is made in an indiritte manner or by delivery by third parties. The
invoice is available and printable, after the order has been processed, the
invoice will contain the information provided by the Customer/Buyer User during
the purchase process. After the invoice is issued, it will not be possible
to make any changes to the data indicated in the invoice.
ARTICLE
9 -PRICES
9.1. All sales prices of the products listed on the website
www.figarope.it are expressed, by default, with the currency in Euro and are
offered to the public pursuant to art. 1336 c.c.. The currency can be
independently modified by the Customer/ Buyer User depending on its own choice
in USD.
9.2.
The selling prices referred to in the previous paragraph shall include VAT and
any other taxes. Shipping costs and
any additional charges, if any, although not included in the purchase price,
will be indicated and calculated in the purchase procedure before the order is
placed by the Customer/ Buyer User and also contained in the web page summary
of the order.
9.3.
Shipping costs are free of charge and included in the selling price. Any changes will be communicated to the Customer/Buyer
User before proceeding with the Purchase.
9.4.
The Customer/Buyer User accepts the right of Borgogni Caterina to change its
prices at any time, by virtue of the possibility that the price of the metal
may vary.
ARTICLE 10
-CUSTOMS-
10.1
If the goods ordered on www.figarope.it were to be delivered outside Italy,
they could be subject to import duties and taxes, payable once the goods reach
the specified destination. The additional customs clearance costs will be borne
by the Customer/Buyer User.
10.2
Borgogni Caterina srl gets rid of the additional import costs of the
Customer/Buyer User for those countries where it is difficult to predict the
actual amount in advance. In consideration of the fact that the customs
policies vary from country to country the Customer/User Buyer is invited from
now on to proceed to controls on the amounts to be paid near the local customs
office and to put itself in contact with the Seller for having information
detailed.
ARTICLE 11
-LIMITATION OF LIABILITY
11.1. Borgogni Caterina assumes no responsibility for
disruptions attributable to force majeure in case it fails to execute the order
within the time stipulated in the contract and as indicated in the specific
section, it will be your responsibility to send communication, by e-mail, in
case he is aware of the causes of the delay.
11.2.
Borgogni Caterina shall not be liable to the Customer/Buyer User, except in the
case of intent or gross negligence, for disservices or malfunctions connected
to the use of the Internet network outside of its own control or those who
still manage services on its behalf.
11.3.
Moreover, Borgogni Caterina shall not be liable for any damages, losses and
costs incurred by the Customer/Buyer User as a result of failure to perform the
contract for reasons not attributable to him, having the Customer/Buyer User
only entitled to the full refund of the price paid and any additional charges
incurred.
11.4.
Borgogni Caterina assumes no liability for any fraudulent and illicit use that
may be made by third parties, credit cards and any other means of payment
allowed by the online sales site, for the payment of the products purchased, if
it demonstrates that it has taken all possible precautions on the basis of the
best science and experience of the moment and on the basis of ordinary
diligence.
11.5. Borgogni Caterina, however, points out that the payment activity is
entirely managed by another entity, Vendor of the service (NEXI Spa and PAYPAL
Holdings Inc.), as specified in the Privacy Policy, contained in the
appropriate section of this site LINK
11.6. In no case may the Customer/Buyer User be held
responsible for delays or discrepancies in payment if he demonstrates that he
has made the same payment at the time and in the manner indicated by Borgogni
Caterina.
ARTICLE 12 -LIABILITY FOR DEFECTS, PROOF OF
DAMAGE AND DAMAGES: THE SELLER’S OBLIGATIONS
12.1. Pursuant to art. 114 et seq. of
the Consumer Code, Borgogni Caterina, as producer, is responsible for the
damage caused by defects in the goods sold if it fails to communicate to the
injured, within three months of its claim for damages, the identity and
domicile of the manufacturer or of the person who has supplied and distributed
the goods commercially.
12.2.
The aforementioned request, from the Customer/User Buyer damaged, 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 offer in view of the product,
if it still exists.
12.3. Borgogni Caterina cannot be held liable for the consequences of a
defective product if the defect is due to the conformity of the product, to an
imperative legal provision or to a binding order, or if the state of scientific
and technical knowledge at the time when the producer put the product into
circulation did not allow the product to be considered as defective.
12.4. No compensation shall be due if the damaged
Customer/Buyer User has been aware of the defect of the product and the
resulting danger and has nevertheless voluntarily exposed himself to it.
12.5.
In any case, the Customer/Buyer User shall prove the defect, damage, and causal
connection between defect and damage.
12.6.
The Customer/User Buyer, the heirs or anyone acting in the interest of the
injured party, may claim compensation for damages caused by death or personal
injury or by the destruction or deterioration of something other than the
defective product, provided of a type normally intended for private use or
consumption and thus mainly used by the Customer/Buyer User.
12.7.
Agreements or agreements may not be entered into that limit the liability
towards the Customer/Buyer affected pursuant to art. 1229 BC.
12.8.
The action for compensation must, however, be brought within a period of 10
years in order to prevent the right to claim compensation for damage caused by
the defect in the goods put into circulation and sold from being extinguished
ARTICLE 13
-GUARANTEES (PRODUCT ASSISTANCE MODALITIES)-
13.1.
Borgogni Caterina, exclusively for goods subject to warranty, is liable for any
lack of conformity that occurs within two years of delivery of the goods,
unless the type of defect reported by the Customer/Buyer User is verified as
specified in the sales page and below (e.g. loss of color resulting from
ordinary process);
13.2. For the purposes of this contract, consumer
goods shall be presumed to be in conformity with the contract if, where
relevant, the following circumstances coexist: a) they are fit for the use for
which they are normally used similar goods; b) they comply with the description made on the
site by the Seller and possess the qualities of the property that Borgogni
Caterina presented to the Customer/Buyer User as a sample or model; c)
they present the usual quality and performance of a good of the same type, that
the Customer/Buyer User can reasonably expect, taking into account the nature
of the goods and, where applicable, the public statements on the specific
characteristics of the goods made in this regard by Borgogni Caterina, or its
agent or representative, in particular in advertising or labelling; d)
are also suitable for the particular use desired by the Customer/Buyer User and
that it was brought to the knowledge of Borgogni Caterina at the time of the
conclusion of the contract and that the Seller has also accepted for conclusive
facts.
13.3. The Customer/Buyer User shall forfeit all rights
if he does not report to Borgogni Caterina the lack of conformity within 2
months from the date on which the defect was discovered. Denunciation
is not necessary if Borgogni Caterina herself has recognized the existence of
the defect or concealed it.
13.4.
In any event, unless there is evidence to the contrary, it shall be presumed
that any lack of conformity occurring within six months of the delivery of the
goods already existed on that date, unless such a hypothesis is incompatible
with the nature of the goods or with the nature of the lack of conformity.
13.5.
In the event of a lack of conformity, the Customer/Buyer User may request,
alternatively and free of charge, under the conditions set out below, the
repair or replacement of the purchased goods, a reduction in the purchase price
or the termination of this contract, unless the request is objectively
impossible to satisfy or is excessively expensive for Borgogni Caterina
pursuant to art. 130, paragraph 4, of the Consumer Code.
13.6.
The request must be sent in writing, by registered letter A.R. or PEC, to the
address of Borgogni Caterina, which will indicate its willingness to proceed
with the request, or the reasons that prevent it from doing so, within 7
working days of receipt. In the same communication, where Borgogni Caterina has
accepted the request of the Customer/ Buyer User, must indicate the shipping or
return of the goods as well as the deadline for returning or replacing the
defective goods
13.7. Where repair and replacement is impossible or
excessively costly in relation to the cost or value of the goods bought or
sold, or where the Seller has not repaired or replaced the goods within the
period referred to in the previous point, or Finally, the replacement or repair
previously carried out has caused considerable inconvenience to the Customer/
Buyer User, the latter may request, at his choice, a fair price reduction or
termination of the contract. The Customer/Buyer User must in this case send
his request to Borgogni Caterina, which will indicate its willingness to give
course to the same, or the reasons that prevent him from doing so, within 7
working days of receipt.
13.8.
In the same communication, where the Seller has accepted the request of the
Customer/ Buyer User, must indicate the reduction of the price proposed or the
methods of returning the defective goods. In such cases it will be the Customer/Buyer User’s
responsibility to indicate the methods for the re-crediting of the sums previously
paid to the Seller, as also specified in the section on payment and refund.
ARTICLE 14
-OBLIGATIONS OF THE CUSTOMER/BUYER USER-
14.1.
The Customer/Buyer User undertakes to pay the price of the goods purchased at
the times and in the ways indicated on the "SHOP" purchase page.
14.2.
The Customer/Buyer User undertakes, once the online purchase procedure has been
completed, to print and store this, which is for all intents and purposes the
contract and the purchase invoice.
14.3. The information contained in this contract has been, moreover,
already inspected and accepted by the Customer/Buyer User, who acknowledges it
through the flag of acceptance, as this step is made mandatory before the
continuation of the purchase of the Customer/ User Buyer.
Art. 15 -RIGHT OF
WITHDRAWAL-
15.1.
The Customer/User Buyer shall in any case, subject to exceptions of law, have
the right to withdraw from the contract concluded, without any penalty and
without specifying the reason, within the term of 14 (fourteen) working days,
starting from the day of receipt of the purchased goods.
15.2.
In the event that the trader has not fulfilled the obligations of information
on the existence, methods and times of return or withdrawal of the goods in
case of exercise of the right of withdrawal referred to in art. 52 of the
Consumer Code, the deadline for exercising the right of withdrawal is 12 months
starting from the day after the expiry of the initial withdrawal deadline, once
the Customer/Buyer User has entered into possession of the goods.
15.3. If the Customer/Buyer User decides to exercise the right of
withdrawal, must inform Borgogni Caterina by registered letter A.R. at the
address of Via XXV Aprile, 3, Loc. Ponticino, Arezzo (this communication must
be confirmed by sending registered letter A.R. within 48 (forty-eight) hours)
or via PEC: borgogni289ar@pec.it), in which it must send the withdrawal form
provided in Annex I letter B of the Consumer Code (LINK). The date of receipt
or date of receipt of the PEC shall be deemed authentic by the Parties for
service. For the purpose of exercising the right of withdrawal, the sending of
the communication may validly be replaced by the return of the purchased goods,
provided that the same terms. The date of delivery to the post office or to the
freight forwarder shall be between the Parties.
15.4. However, the return of the good must take place
no later than 30 (thirty) days from the date of receipt of the good. In
any case, to be entitled to a full refund of the price paid, the goods must be
returned intact and, in any case, in normal condition.
15.5.
the Customer/Buyer User may not exercise this right of withdrawal for contracts
for the purchase of goods made to measure or clearly customized or that, by
their nature, they cannot be returned or risk deteriorating or changing rapidly
and in any other case provided for by art. 55 of the Consumer Code.
15.6.
The only expenses due by the Customer/Buyer User for the exercise of the right
of withdrawal pursuant to this article are the direct costs of returning the
goods to the Seller, and the shipping costs of the goods. If the
Customer/Buyer User has used free shipping costs and intends to return all the
products of the order in order to replace them (e.g. size change and/or size
change), the courier costs incurred by the Seller for the delivery will not be
deducted from the refunded amount.
15.7.
Borgogni Caterina shall reimburse the full amount paid by the Customer/Buyer
User free of charge within 14 (fourteen) days of receipt of the notice of
withdrawal, without prejudice to deductions for transport costs and any fees
paid to credit circuits and/or online payment service providers (NEXI Spa and
PAYPAL Holdings Inc.).
15.8. Upon receipt of the communication by which the Customer/User Buyer
communicates the exercise of the right of withdrawal, the Parties to this
Agreement shall be released from their reciprocal obligations, without
prejudice to the provisions of the preceding paragraphs of this article.
ARTICLE 16
-GROUNDS FOR RESOLUTION-
16.1. The obligations referred to in point 13, assumed by the Customer/Buyer
User, as well as the guarantee of the successful completion of the payment that
the Customer/Buyer User makes by the means referred to in art. 7, and others
yes the exact fulfillment of the obligations assumed by the Seller, are
essential, so that, by express agreement, the non-fulfilment of only one of
those obligations, if not determined by chance or force majeure, will entail
the termination of the contract pursuant to art. 1456 BC, without the need for
a judicial decision.
ARTICLE 17- PROTECTION OF CONFIDENTIALITY AND
PROCESSING OF PURCHASER DATA-
17.1
Pursuant to the new EU Regulation 2016/679 and Legislative Decree no. 101/2018,
the professional seller, Borgogni Caterina assumes the status of Data
Controller with the express acceptance of the conditions and terms of sale and
Privacy Policy, made available to the Customer/User Buyer interested party. The
Data Controller retains, as indicated in the specific information, this role,
until the mandate to provide the service requested through the online sale on
the website www.figarope.it is maintained, for the purposes specified in the
following terms and conditions of sale.
reference PRIVACY POLICY published and accepted
during registration LINK
ARTICLE 18
-COMMUNICATIONS AND COMPLAINTS-
18.1. Written communications directed to Borgogni Caterina and any
complaints will be considered valid only if sent to the address of the
activity, or sent via Mail or PEC to: info@figarope.it e borgogni289ar@pec.it.
The Customer/Buyer User indicates on the "SHOP" page of the website
www.figarope.it his residence or domicile, the telephone number or the e-mail
address to which he wishes the communications of the Seller to be sent.
ARTICLE 19 -SETTLEMENT OF DISPUTES
19.1.
All disputes arising from this contract will be referred to the Chamber of
Commerce of Arezzo and resolved according to the Conciliation Regulation
adopted by the same.
19.2.
If the Parties intend to refer the matter to the ordinary judicial authority,
the competent court shall be that of the place of residence or of the elective
domicile of the Customer/Consumer Buyer, mandatory pursuant to art. 33,
paragraph 2, lett. u) of Legislative Decree no. 206/2005.
ARTICLE 20 -APPLICABLE LAW AND REFERRAL-
20.1.
This contract is governed by Italian law to which explicit reference is made.
20.2.
In so far as not expressly provided herein, the law applicable to the
relationships and cases provided for in this contract, and in particular art. 5
of the 1980 Rome Convention (Rome I).
20.3. Pursuant to art. 60 of Legislative Decree no. 206/2005, the
discipline contained in Part III, Title III, Chapter I of Legislative Decree
no. 206/2005 (Consumer Code).
ARTICLE 21 -FINAL
CLAUSE
21.1
This Agreement shall repeal and supersede any prior agreement, understanding,
negotiation, written or oral between the Parties regarding the subject matter
of this Agreement.
CONCLUSION SECTION OF THE PURCHASE
Having read the information on the processing
of personal data and the General Conditions of Sale I accept the processing and
communication of my personal data within the limits, for the purposes and for
the duration specified in the information on the processing of personal data
and I accept the conditions of sale, which are in effect a contract between the
parties.