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PREMISE
The goods covered by these general conditions are sold by CANTINA FRATELLI CARAFOLI SOCIETA' AGRICOLA S.S. - VIA CANTINA 85 - 41017 RAVARINO MODENA. TELEPHONE 059-909102 - FAX: 059 8170262 - E-mail: info@carafolivini.com - Web: www.carafolivini.com - P.IVA. 02059620365 R.E.A. MO-306334 - Address of PEC : socagr-cantinacarafoli01-@pec.coldiretti.it hereinafter referred to as "SUPPLIER".
1 . Definitions
1. The term "online sales contract" means the contract of sale relating to the Supplier’s tangible movable property, concluded between the Supplier and the Buyer as part of a distance selling system using telematic tools, organised by the Supplier. 2. The term "Buyer" shall mean the consumer, the natural person who makes the purchase, as defined in this contract. 3. The term "Supplier" means the subject referred to in the epigraph.
2 . Subject of the contract
1. With this contract, respectively, the Supplier sells and the Buyer purchases at a distance through electronic means the goods indicated and offered for sale on the website www.carafolivini.com. 2. The products referred to in the preceding paragraph shall be shown in the catalogue available on the website. The essential characteristics of the products are indicated in the relevant presentation forms. The image accompanying each product may not be perfectly representative of its characteristics, but may differ in colour and size.
3 . Method of conclusion of the contract
The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the buyer’s access to www.carafolivini.com, where, following the procedures indicated, the Buyer will formalize the contract for the purchase of the goods referred to in the previous article.
4 . Conclusion and effect of the contract
1. The contract between the Supplier and the Buyer shall be deemed to have been concluded with acceptance by the "Buyer". 2. By placing the order, the buyer declares that he has read all the information provided to him during the purchase procedure and that he accepts the general conditions in full.
5 . Orders - invoicing
1. all Product purchase orders sent to the "Supplier" must be complete in all their parts and must contain all the elements necessary for the correct identification of the products ordered. The fulfillment of the order by the "Supplier" is equivalent to confirmation and acceptance of the same. 2. The tax documentation relating to the Products ordered shall be issued by the Supplier when the Products are shipped to the Purchaser.
6 . Delivery times and methods
1. All delivery costs shall be borne by the Purchaser. Deliveries shall normally be made by courier. The Supplier has the right, at its sole discretion, to deliver the Products ordered by courier that it deems appropriate. Online purchases have ONLY prepayment formula. 2. Delivery times may vary (from 5 working days up to a maximum of 15 working days) from the confirmation of the same. Any delays in deliveries of less than 30 days DO NOT give the Buyer the right to refuse the delivery of the products, nor to claim compensation or indemnification of any kind. 3. The Supplier shall have the right to deliver the Products (including the same order) in several successive deliveries, provided that, in this case, a single charge is made to the Purchaser in respect of transport costs. 4. Special terms and conditions of delivery shall be agreed in advance between the Buyer and the Supplier and accepted in writing by the Supplier.
7 . Prices
1. All sales prices of the products displayed and indicated on the website www.carafolivini.com are expressed in euro and are offered to the public pursuant to art. 1336 BC 2. The selling prices referred to in the previous paragraph shall include VAT.
8 . Availability of products
1. Should an order exceed the quantity existing in the warehouse, the Supplier shall, by e-mail, inform the Buyer whether the goods can no longer be booked or what the waiting times are for obtaining the goods chosen, asking whether or not he intends to confirm the order.
9 . Limitations of liability
1. The Supplier shall not assume any liability for any disruption caused by force majeure, in the event of failure to execute the order within the time prescribed by the contract. 2. The Supplier shall not be liable to the Purchaser, except in the case of intent or gross negligence, for disruptions or malfunctions connected with the use of the Internet outside its own control or its sub-suppliers. 3. The supplier shall not assume any liability for any fraudulent or unlawful use which may be made by third parties of credit cards, cheques or other means of payment when paying for the products purchased.
10 . Obligations of the Purchaser
1. The Purchaser undertakes to pay the price of the goods purchased in accordance with the procedures and times established.
11 . Right of withdrawal
1. The purchaser shall in any event have the right to withdraw from the contract concluded, without penalty and without giving any reason, within 10 (ten) working days of receipt of the products purchased. 2. The right of withdrawal referred to in paragraph 11.1 above shall be exercised by the Purchaser, under penalty of forfeiture, by sending a registered letter a.r. to the Supplier, within the period of 10 (ten) working days from receipt of the products. The above communication can be sent to the Supplier, by e-mail to the e-mail: info@carafolivini.com or fax: (059-8170262) provided that such communications are confirmed by the sending of registered letter with return receipt to the supplier’s address within 48 (forty-eight) hours after sending the telegram or fax or certified e-mail to the address of the Supplier: socagr-cantinacarafoli01-@pec.coldiretti.it 3. All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by the Customer Service of the Supplier who will notify the Buyer; Once received the communication the Buyer can send the product back to the following address: CANTINA FRATELLI CARAFOLI . SOCIETA' AGRICOLA S.S. - VIA CANTINA 85 - 41017 RAVARINO (MODENA). Parcels will not be accepted on delivery. 4. Once the Products have been received (and their integrity verified), the Supplier shall, as soon as possible, credit the Customer with the cost of the returned Products (as indicated on the invoice), retaining, where necessary, the amount of the shipping costs that will be definitively charged to the purchaser. 5. The right of withdrawal referred to in Article 11.1 above may NOT be exercised by the Purchaser in the event that the Products purchased consist of sealed IT audiovisual products, which have been opened by the Customer.
12 . Place of jurisdiction
This is without prejudice to the possible applicability of legal provisions aimed at protecting consumers (as defined under Art. 1 lett. b) of D. Lgs 22 maggio 1999 n. 185), any dispute related to these General Conditions, will be devolved to the exclusive jurisdiction of the Court. 12.1 If the parties intend to bring an action, the ordinary Judicial Authority, the competent court is the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, comma 2, (letter u) cod. cons. Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Buyer declares that he has carefully read and understood and specifically accepts all the clauses of the General Conditions of Sale.