GENERAL TERMS OF SALE
LAGRUA by Simona Rocchi headquartered in Via le Botteghe 54 – 80073 Capri, (NA) Italy, VAT No. IT09117911215 and phone. +39 081 837 7563 in the person of its legal representative pro tempore, hereinafter referred to as “Seller“
– that the Seller is engaged in the sale of valuable objects, objects and artifacts of unique pieces;
– that, in addition, the Seller manages the site www.lagruacapri.it (hereinafter “Site“);
– that the aforementioned site is intended, among other things, to allow the conduct of business transactions between entrepreneur and consumer (B2C);
– that on the site, more precisely, the meeting between supply and demand of the products referred to in paragraph c of art.
– that, with the expression “General Conditions of Sale”, it is intended the contract of sale of the goods of the Seller stipulated between the latter and the Buyer within a system of distance selling organized by the Seller;
– that, for this contract, it will be used the technology of communication at a distance through the Internet and, more precisely, through the aforementioned site www. lagruacapri.it;
– that, therefore, with the present General Conditions of Sale is intended to regulate the purchase through the site www.capriobject.com by the buyers;
– that the general conditions specified here refer to all contracts concluded by the Buyer with the Seller through access to the website www.lagruacapri. it, following the procedures indicated for accessing the reserved area of the site dedicated to on-line negotiation;
– that the trademark and the logo relating to the site are the exclusive property of the Seller;
– that in the drafting of these General Conditions, terms of common use in the field of information technology are used and that, in the event of any divergence on their interpretation or meaning, the contents of the main publications of the specialized literature on the subject will be taken into account.
1. 1 In these General Terms and Conditions of Sale, the following terms shall have the meanings specified below:
a) by “online sales contract” is meant the distance contract stipulated between the Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses the distance communication technology called internet;
b) the expression “Seller” refers to LAGRUA di Simona Rocchi, better identified in the foregoing, party to this contract, which provides for the management of the Site, selling directly to users (Buyers) the products indicated in the following point;
c) the expression “Products” refers exclusively to the products included in the electronic catalogs of the Site;
d) the expression “Buyer” refers to the final consumer-client, who is authorized to operate on the Site in order to purchase products, according to the modalities indicated in the present general conditions;
e) “Consumer” means the physical and/or juridical person who purchases goods and services.
f) the expression “Parties” refers to the Seller and the Buyer jointly understood;
g) the expression “Site” refers to the website corresponding to the address www.lagruacapri.it through which it is possible to make purchases online;
h) the expression “order” means the purchase by the Buyer of the product identified on the Seller’s website;
i) the term “Consideration” refers to the selling price of each product.
- Subject matter of the contract
2.1 The present general conditions, which are made available to the Purchaser for reproduction and preservation in accordance with art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of telematic network, through the website belonging to the Seller. These general conditions, which are made available to the Purchaser for reproduction and preservation in accordance with art. 12 of Legislative Decree no. 70 of 9 April 2003, concern the purchase of products, carried out at a distance and by means of telematic network, through the website belonging to the Seller.
2.2 The present general conditions regulate the distance sale of products indicated in the catalog published on the website belonging to the Seller.
2.3 The products object of the present contract are chosen by the Buyer and inserted in the virtual cart, following the procedures of purchase on line indicated in the site.
2.4 The Seller undertakes to supply or to make available to the Buyer all the products subsequently indicated, against the payment of a consideration as per art. 4 of the present contract.
- Acceptance of the terms of sale
3.1 The present general conditions are valid from the day in which the order is placed, and the relative payment, by the Buyer.
The Seller reserves the right to modify the conditions indicated herein, in which case notice will be given through the pages of the Website and such updates/changes and/or integrations will be effective for future purchases.
3.2 All purchase orders shall be forwarded by the Purchaser to the Seller through the completion of the purchase procedure indicated on the Seller’s Website.
3.3The present general conditions of sale must be examined “on line” by the Purchaser, before the completion of the purchase procedure. The submission of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance.
3. 4 The Buyer, by sending the electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general conditions and payment terms illustrated below, declaring that he has read them, and accepting all the indications provided by him according to the above mentioned rules, also taking note that the Seller does not consider itself bound to different conditions if not previously agreed upon in writing.
3.5 The sale transactions are regulated for the consumer by the provisions of the Legislative Decree no. 206 of September 6, 2005, while the protection of confidentiality is subject to the discipline of current legislation on privacy.
Once the online purchase procedure is completed, the Buyer will print or save an electronic copy and in any case keep these general conditions of sale, in accordance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance selling. Any right of the customer to damages or compensation, as well as any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded.
3.6 The acceptance of the terms of sale shall be manifested through the procedure indicated on the Site.
3.7 All business relations between the Seller and the Purchaser are governed exclusively by the following general conditions of sale, to the exclusion of any other agreement, unless agreed in writing, even the placing of an order online implies full acceptance of the following conditions. Any person acting on behalf of the Customer shall represent and commit him/her to the Seller, since the Customer himself/herself is directly responsible for the confidential storage and use of his/her personal password.
- Purchasing terms and prices
4.1 The products, prices and conditions of sale present on the Website – within the limits of their availability – are expressed in euros and do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation by the Seller, which constitutes acceptance of the purchase order. The Products are not supplied on trial. The Customer is therefore responsible for the choice of the Products ordered and their compliance with his own needs.
4.2 The sale prices, referred to in the previous point, are inclusive of VAT and any other tax, with the exclusion of the possible total cost of delivery to the domicile indicated by the Purchaser at the time of the order. However, the shipping costs will be clearly indicated in the summary table before the purchase transaction, so the cost of delivery is made known to the customer before the confirmation of the purchase.
4.3 The receipt of the order does not bind the Seller until the same has expressly accepted the order and proceeded to the payment transaction.
4.4 The Buyer expressly grants the Seller the right to accept even only part of the order placed (e.g. in the event that there is not the availability of all products ordered).
4.5 The Buyer, by accepting the present conditions, expressly declares to be aware that due to the particularity and exclusivity of the goods sold, the actual delivery time of the products could vary from a minimum of 30 days to a maximum of 7 months.
4.6 At the conclusion of the contract, the order will be stored on the hosting/server of LAGRUA di Simona Rocchi.
The Site is subject to detailed control of accesses and through the log of the same can be ascertained any violations of this contract and the law.
- Contract Conclusion The Site is subject to detailed control of accesses and through the log of the same can be ascertained any violations of this contract and the law.
5.1 The Contract stipulated through the Site is understood to be concluded when the Purchaser receives, via e-mail, the formal order confirmation, summarizing the order as per art. 4.4. The Contract is concluded in the place where the Seller’s registered office is located.
With the conclusion of the contract, the Buyer commits to the payment of the purchased products; the payment can be made in advance, through the NEXI banking platform of Nexi S.p.A. or alternatively through the PayPal platform.
5.2 The Buyer has the right to withdraw within 14 days from the receipt of the goods, for every detail on the Right to Withdraw, please refer to the page “Right to Withdraw” of this website.The Buyer has the right to withdraw within 14 days from the receipt of the goods.
- Delivery / Pickup Times and Methods
6.1 At the time of purchase, the Buyer can choose between at least two shipping methods, standard or express.
6.2 The shipping costs are always clearly visible and expressed in Euro currency, they have a variable cost depending on the type of goods purchased and the place of destination.
6.3 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
6.4 The Seller uses the company “United Parcel Service ltd” as a means of shipment.
7.1 The Seller assumes no responsibility for the delay or non-delivery of the goods due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute the contract in the agreed time.
7. 2 The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, having the consumer only the right to a refund of the price paid, if any.
7.3 For anything not provided for in this contract, please refer to the rules of sale.
8.1 The Seller guarantees the good quality of the products sold.
- Purchaser’s Obligations
9.1 It is strictly forbidden for the Purchaser to enter false and/or invented and/or fictitious data in the electronic purchase procedure; the personal data and the e-mail address must be exclusively the Purchaser’s own real personal data and not those of third parties or fictitious data. The Buyer assumes, therefore, full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the procedure for the purchase of products.
9.2 It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties.
9.3 The Purchaser releases the Seller from any responsibility deriving from the issuance of incorrect tax documents due to errors in the data provided by the Purchaser, the latter being solely responsible for the correct entry of such data.
9.4 Minors under 18 years of age are not authorized, unless under the control of an adult family member, to transmit orders through the online order form.
10.1 Without prejudice to the cases expressly indicated – or established by legal obligations – communications between the Seller and the Purchaser shall take place preferably by means of e-mail messages to the respective electronic addresses which shall be considered by both parties as a valid means of communication and whose production in court cannot be contested for the sole fact of being computer documents.
- Personal Data Processing
11.2 The rights arising from the privacy legislation and the information obligations arising therefrom borne by the Seller are examined “on line”, before the completion of the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same.
11.3 The Owner of the collection and processing of personal data is the Seller, as specified above, in the person of its legal representative pro tempore. The rights referred to in Article 7 are exercised by request addressed without formality to the owner, by sending a simple e-mail to the address of the Seller, who is required to provide notice of any changes to their data at the same address.
- Jurisdiction and Competent Jurisdiction
12.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into “on line” through the Seller’s website shall be subject to Italian jurisdiction, also in accordance with the provisions of art. 3, Conv. 19 June 1980, n. 80/934/CEE (Rome Convention), on the law applicable to contractual obligations; these general conditions refer, for what is not expressly provided therein, to the Legislative Decree 6 September 2005, n. 206 (Consumer Code).
12. 2 In case of disputes arising from this contract or related to it, the parties undertake to seek between them a fair and amicable settlement.
12.3If the dispute has not been resolved amicably, and in any case within six months from the date of its inception, the same will be brought to the exclusive jurisdiction of the Court in whose district the Buyer/Consumer has its domicile in accordance with the provisions of D. Lgs. 206/05. Lgs. 206/05; in the event that the Purchaser does not have the status of final consumer is agreed that any dispute, even in derogation of the rules relating to the territorial jurisdiction, will be the exclusive jurisdiction of the Court of Naples.
- Applicable law and referral.
13.1This contract is governed by Italian law.
13.2Where not expressly provided herein, the rules of law applicable to the relationships and the cases provided for in this contract and, in any case, the rules of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code).
EXPRESSION OF CONSENT THROUGH THE WEBSITE
Acceptance is confirmed by checking the electronic box “I accept”. The user is kindly requested to activate the printer to receive a copy of these contractual clauses.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE BUYER
According to the articles 1341 and 1342 c.c., the Buyer, with the confirmation of the order declares to have carefully read the present general conditions and to approve expressly the following clauses:
Art. 4 (Mode of purchase and sale prices)
Art. 5 (Conclusion of the contract)
Art. 6 (Time and modalities of delivery/collection)
Art. 7 (Responsibility)
Art. 8 (Guarantees)
Art. 9 (Obligations of the Buyer)
Art. 10 (Communications)
Art. 12 (Jurisdiction and competent court)
Art. 13 (Applicable law and referral)