GENERAL TERMS AND CONDITIONS FOR ONLINE PURCHASES AND USE OF THE MICHAELBOLTON.IT WEBSITE
1. Field of application.
These general conditions apply to:
(i) the purchase of tangible movable property on the website www.michaelbolton.it
(ii) the use of any information, document, graphic, video, music and / or other service on the Site www. michaelbolton.it
2. Identification of the Professional.
The goods covered by these general conditions are offered for sale by Michael Bolton ltd. - hereinafter referred to as "Professional".
3. Definitions.
3.1. With the expression "online sales contract", we mean these General Conditions of sale relating to the online sale of movable tangible assets offered for sale by the Professional, as indicated in the relevant detail page of the Site, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Professional.
3.2. The expression "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
3.3. The expression "Professional" means the person indicated in art. 2 above, ie the legal person who in entering into this online sales contract acts in the exercise of its business activity.
3.4. The expression "Site" means the web portal www.michaelbolton.it ;
3.5. The expression "Products" means movable tangible property put up for sale by the Professional, as indicated on the relevant detail page of the Site.
3.6. The expression "Consumer Code" means the Legislative Decree 6 September 2005, n. 206 and subsequent modifications.
4. Subject of the online sales contract.
4.1. With this online sales contract, respectively, the Professional sells and the Buyer remotely purchases the Products indicated and offered for sale on the Site via telematic tools.
4.2. The characteristics of the Products referred to in the previous point are illustrated in the detailed web pages of the Site.
5. Exclusions.
5.1. Individuals who are not consumers, ie natural or legal persons acting in the exercise, are advised not to execute purchase orders of one's own commercial, artisanal or professional entrepreneurial activity, or an intermediary.
5.2. Without prejudice to the foregoing, if one or more online sales contracts are stipulated with a person who cannot be qualified as a consumer pursuant to the current Consumer Code, these General Conditions of Sale will apply but, notwithstanding what is agreed in the terms:
a) the non-consumer subject will not be granted the right of withdrawal referred to in article 20 below;
b) the non-consumer subject will not be able to benefit from the warranty on the Products indicated in article 18 below, but the one provided for by the Civil Code;
c) the non-consumer subject will not be granted any other protections, provided herein in favor of the Buyer, which reflect or comply with the provisions of the Consumer Code;
d) the online sales contract concluded between the Professional and the non-consumer will be governed exclusively by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980 on the international sale of goods.
5.3. In order to make purchases through the Site, the Buyer must be of legal age according to Italian law (18 years old) and the ability to act, which at the time of the conclusion of the online sales contract the Buyer declares, as in fact , to own.
6. Preliminary information for the Buyer.
6.1. In good time, before the conclusion of the online sales contract, the Buyer declares to have received, as indeed he has received, the following preliminary information from the Professional:
a) identity and address of the Professional;
b) essential characteristics of the asset;
c) price of the goods, including all taxes and duties;
d) delivery costs;
e) methods of payment, delivery of the goods and any other form of execution of the contract;
f) existence of the right of withdrawal or of exclusion of the same, pursuant to article 55, paragraph 2 of the current Consumer Code;
g) methods and times for returning or collecting the goods in case of exercise of the right of withdrawal;
h) cost of profit means of the remote communication technique, when it is calculated on a basis other than the basic rate;
i) duration of the validity of the offer and of the price;
l) minimum duration of the contract in the case of contracts for the supply of Products with continuous or periodic execution.
m) the various technical steps to follow for the conclusion of the online sales contract;
n) the way in which the sales contract concluded online will be archived and the relative access methods;
o) the technical means made available to the Buyer to identify and correct data entry errors before forwarding the purchase order to the Professional;
p) any code of conduct to which the Professional adheres and how the Buyer can access it electronically ;
q) the languages available to conclude the online sales contract in addition to Italian;
r) l 'indication of dispute resolution tools.
7. Written confirmation of the preliminary information.
7.1. The Purchaser declares, as in effect, that he has received confirmation in writing or, at his choice, on another durable medium at his disposal and accessible to him, of all the information provided for by Article 52, paragraph 1, of the current Code of Consumption, before or at the time of the execution of the online sales contract. The preliminary information is also available and can be consulted by the Buyer in the specific section of the Site.
7.2. By that time and in the same forms, the Buyer also declares that in fact it has received:
a) information on the conditions and methods of exercise the right of withdrawal;
b) information on the geographic address of the Professional's office to which the Buyer can submit any complaints;
c ) information on existing assistance services and commercial guarantees;
d) conditions for withdrawal from the contract in the event of an indefinite duration or longer than one year.
8. Download and consult the terms and conditions of the Agreement.
8.1. The Purchaser may keep a copy of these General Conditions and the preliminary information, as well as all the documents that make up the purchase relating to the Products on the Site, using the normal functions of their browser (eg: "File" -> “Save as”). It is also possible to download these General Conditions in PDF format and archive them by clicking HERE . To view the PDF file you need to use the free Adobe Reader ( www.adobe.it ) or other equivalent programs compatible with the PDF format.
8.2. In addition, the Purchaser may archive the data of his Order and of the Preliminary Information referred to in art. 7 above, by downloading the text according to the provisions of the previous article 8.1 and saving, with the support of the functions of your browser, the data summarized therein, both by waiting for the Order Confirmation Email that the Professional will send, following the '' forwarding of the Order, to the e-mail address indicated by the Buyer. This confirmation e-mail will contain the data of the Order forwarded by the Buyer, in addition to these General Conditions, with the consequent possibility of printing or saving such documentation, using the functions of your e-mail program.
8.3. The data of each Order will be saved by the Professional on his systems. In order to preserve the confidentiality of such information, access to them by the Buyer will be allowed only after prior authentication in the reserved area of the Site called "My account", by inserting appropriate access credentials by the Purchaser that will be attributed to him at the time of registration on the Site itself. In this reserved area, by entering their credentials, the Buyer will be able to consult the Agreements already concluded, the pending Orders and those just forwarded, as well as update and save their contact details, any bank details and / or data relating to the subscription to the newsletter service. . The Purchaser undertakes to treat his credentials for access to the aforementioned reserved area of the Site as confidential and not to make them available to third parties.
9. stipulation of the online sales contract.
9.1. The online sales contract between the Professional and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.michaelbolton.it, where, following the procedures indicated therein, the Buyer will formalize the proposal for the purchase of the Products and the contract for the remote purchase of the same.
10. Online conclusion of the contract and its effectiveness.
10.1. To proceed with the purchase of one or more Products via the internet, the Purchaser must first register on the Site, providing the Professional, in compliance with the current provisions on the protection of personal data, all the data necessary to allow him to execute to Orders placed.
10.2. Once the registration is complete, the Buyer can select one or more Products he intends to purchase, inserting them in a virtual "cart", of which he can always view the content before proceeding with the placing of the Order.
10.3. By clicking on the "Proceed to purchase" button, the Buyer will initiate the order forwarding procedure. In the formulation phase of the Order and until its actual forwarding, the Buyer will, however, have the possibility to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information or typos.
10.4. By clicking on the "Complete the Order" button, at the end of the procedure started under the previous section, the Buyer will forward the Order to the Professional.
10.5. Each Order forwarded according to these methods must be considered, to all effects, as a contractual proposal by the Buyer. The forwarding of the Order by the Customer will be followed promptly by confirmation by the Professional regarding the receipt of the Order itself, by sending an e-mail to the e-mail account communicated by the Customer. By sending this e-mail, the Professional will also communicate to the Buyer whether the Order can be accepted or not (the Order Confirmation).
10.6. The Professional will have the right to accept or not the Orders received without, in the event of non-acceptance, the Purchaser being able to make any rights or claims against the Professional for any reason, even for any unavailability of the ordered product.
10.7. The Order will be considered, in any case, accepted and consequently the Contract concluded, pursuant to and by effect of art. 1326 of the Italian Civil Code, at the moment in which the Buyer will receive, on his e-mail address, the Order Confirmation e-mail, containing confirmation of the acceptance of the Order.
10.8. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
10.9. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Buyer, according to the rates applied by the operator selected by the Buyer.
11. Order cancellation.
11.1. The Professional reserves the right to cancel the purchase (i.e. when the order has already been accepted), without being held responsible for any costs and costs that may arise, (among other things) in the cases in which:
- the product is not available / not in stock;
- the billing information is not correct o they are not verifiable;
- the order is marked by the Professional's security systems as "unusual" or as an order "at risk of fraud";
- the bank transfer was not received by the deadline set out in the following art. 12.1, lett. c);
- the Professional has reason to believe that the Buyer is under the age of 18;
- the Professional has reason to believe that the Buyer is a reseller;
- there was an error in the indication of the price of the Product;
- the Professional cannot deliver the Product to the address provided by the Buyer.
11.2. In case of non-execution of the order by the Professional, due to the unavailability, even temporary, of the ordered Product, the Professional, within thirty days from the day following that in which the Purchaser sent him the order, will informs in writing or via other durable medium that it will not execute the order, providing to reimburse any sums already collected.
12. Payment methods.
12.1. Any payment by the Buyer can only be made by means of one of the methods indicated in the specific web page by the Professional.
For the Buyer's convenience, they are summarized here below are the payment methods accepted by the Professional:
a) PayPal.
Selecting how Paypal payment method, the Buyer will be redirected to the electronic payment platform on the website www.paypal.it and from here he will have to enter the data necessary to complete the transaction.
This information will not be never stored, not even temporarily, on the Site Platform and will be used exclusively to complete the purchase transaction or to report to the Police for any fraud committed on the web platform.
As soon as the Buyer's order is concluded and the payment accepted by the system, a summary confirmation e-mail will be sent to the Buyer with all the information relating to his purchase.
b) Credit card.
The credit card transaction takes place through an electronic system of the portal that uses a secure server; at no time during the purchase procedure the electronic system of the portal and no member of the Professional's staff or the Professional himself is able to know the Buyer's credit card number and that is provided by the Buyer to the Institute's server credit card on a secure and encrypted internet connection according to the current standards of the online payments market.
c) Bank Transfer.
By selecting the bank transfer as the payment method, the Site will show the Buyer the bank details to make the transfer. In this case, the order will be managed only after receiving confirmation of the credit from the bank.
Payment must be made within seven days from the date of the order. After this deadline, the order will be canceled.
In order to better manage the order it is important that the Buyer indicates the reason for the bank transfer: order number , order date and name and surname of the person who made the purchase.
As soon as the order is concluded and the payment accepted, the Buyer will be sent an e - summary confirmation email with all the information relating to your purchase.
12.2. Invoices will be issued exclusively in electronic format.
13. Prices and currency.
13.1. The prices of the products shown on the Site include the Value Added Tax (VAT). Shipping costs are applied to each order placed as per preliminary information. Shipping rates vary depending on the country where the Product is to be delivered. The prices are expressed in Euros.
If your local currency of the Buyer's country of residence is different from the currency in which the prices are indicated, the Institute Banking will apply the exchange rate in effect on the date of purchase. The Banking Institute may at its discretion apply a different exchange rate, without any possibility of control by the Professional.
Any additional charges (eg customs clearance) , if present, even if not included in the purchase price, they are indicated and calculated in the purchase procedure by the Buyer and contained in the summary e-mail of the order placed. In any case, the contribution for shipping costs depends on the number of Products purchased, their weight / volume, any insurance and delivery location.
13.2. The prices indicated for each of the Products on the Site are valid until the date indicated in the virtual catalog.
13.3. The Professional reserves the right to change the prices of the Products listed on the Site at any time. Any changes in the prices of the Products will not, however, be effective against the Buyer who has already forwarded the purchase order. .
14. Validity of promotional offers and discounts.
14.1. The offers on the Site or promotional discounts are valid only when they appear on the Site, unless the Professional indicates a specific period.
15. Delivery times and methods.
15.1. The Professional will deliver the ordered Products, through the DHL service, whose Terms and Conditions of Transport are indicated on the site www.dhlitaly.com and that the Buyer declares to know and accept.
15.2. Shipping times may vary from two - three days to a maximum of thirty working days from the confirmation of the same. In the event that the Professional is unable to ship within this period, he will promptly notify the Buyer by e-mail.
15.3. The Products cannot be delivered to post office boxes or post office boxes.
16. Disclaimer.
16.1. The Professional will not be responsible for non-delivery or delayed delivery in the event that: (a) despite having made the regular and timely purchase of the Products to cover the Order received, it has not been supplied in the terms and manner agreed with the Professional; (b) is unable to make up for the unavailability of such Products, due to circumstances not subject to its control and (c) has promptly notified the Buyer of such unavailability of the Products. Where the unavailability due to one of the circumstances indicated in the previous letters (a) and (b), does not allow to proceed with the delivery of the Products within thirty days from the placing of the Order by the Buyer, the Professional will reimburse all 'Buyer any advance payments of the price within thirty days from the day following that on which the Order was sent.
16.2. The Professional will not be responsible for failure or delay in delivery due to force majeure, such as - by way of example and not limited to - strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, flooding and damage to industrial machinery not dependent on the Professional. The Professional will promptly notify the Buyer of the occurrence and absence of a force majeure event. If the cause of force majeure persists for a period exceeding thirty days, each party will have the right to withdraw from the contract. In the event of withdrawal, the Purchaser will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the refund of any amount already paid as a price for the Product object of the Order, within 30 days of sending the order. 'Order itself.
16.3. The risk of accidental perishing of the Products will remain with the Professional until their delivery to the first carrier.
16.4. The Professional assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the Products purchased on the site, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
17. Liability for defects, proof of damage and compensable damages.
17.1. The Professional cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it did not yet allow us to consider the product as defective.
17.2. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
17.3. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
17.4. The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
18. Guarantees and methods of assistance.
18.1. The Professional is liable for any lack of conformity that occurs within two years of delivery of the goods.
18.2. For the purposes of this contract, it is assumed that the Products comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the Professional and possess the qualities of the good that the Professional presented to the Buyer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the Professional can reasonably expect, taking into account the nature of the asset and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Professional, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Buyer and which has been brought to the attention of the Professional at the time of the conclusion of the contract.
18.3. The Buyer loses all rights if he does not report the lack of conformity to the Professional within two months from the date on which the defect was discovered. The report is not necessary if the Professional has acknowledged the existence of the defect or has concealed it.
18.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
18.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased Product, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Professional pursuant to art. 130, paragraph 4, of the Consumer Code.
18.6. The request must be sent in writing, by registered letter with return receipt, to the Professional, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt.
In the same communication, where the Professional has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the goods defective.
18.7. If the repair and replacement are impossible or excessively expensive, or the Professional 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 significant inconvenience to the The purchaser may request, at his choice, a reasonable price reduction or the termination of the
contract. In this case, the Buyer must send his request to the Professional, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
18.8. In the same communication, where the Professional has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to the Professional.
19. Obligations of the Buyer.
19.1. The Buyer undertakes to pay the price of the Products purchased in the times and methods indicated in this online sales contract.
19.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract, including the preliminary information and the summary of the order.
19.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
20. Right of withdrawal.
20.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within ten working days, starting from the day of receipt of the purchased Product.
20.2. If the Purchaser decides to exercise the right of withdrawal, he must notify the Professional by registered letter with return receipt to the address michaelbolton.it - Returns Office - Via Fratelli Bandiera 7, Monopoli (BA) Cap 70043 or by fax to the number 080.410.73.56 or by e-mail to info@michaelbolton.it, provided that such communications are confirmed by sending a registered letter with return receipt to Michael Bolton - Returns Office Via Fratelli Bandiera 7, Monopoli (BA) Cap 70043, within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication can be validly replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or forwarder will be valid between the Parties.
20.3. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods.
20.4. The right of withdrawal is however subject to the following conditions:
the right applies to the Product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
the purchased product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, it is recommended, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original packaging of the Product should be avoided;
without obvious signs of use of the Product, except those compatible with carrying out a normal test of the article. That is, it must not bear traces of prolonged use (over a few minutes) exceeding the time necessary for a test and must not be in such a state as not to allow resale ..
20.5. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Professional, unless the Professional does not agree to pay them.
20.6. The Professional will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
20.7. The shipment, until the certificate of receipt in the Professional's warehouse, is under the complete responsibility of the Buyer;
20.8. in case of damage to the Product during transport, the Professional will notify the Purchaser of the incident (within five working days of receipt of the Product in his warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain the reimbursement of the value of the asset (if insured); in this case, the Product will be made available to the Buyer for its return, at the same time canceling the request for withdrawal.
20.9. The Professional is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
20.10. The reimbursement of the price by the Professional will take place through the transfer procedure of the amount charged to the credit card or by bank transfer. In the latter case, the Buyer will promptly provide the bank details on which to receive the refund (IBAN code of the invoice holder).
20.11. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
21. Trademarks and copyrights.
All brand names, product names, designs, photos and titles used on the Site relating to the Products are trademarks or commercial names owned by third parties and their use is only for descriptive purposes for the marketing of the same and to correctly process the purchase order by the Professional.
22. Reasons for termination of the contract by law.
22.1. The obligations referred to in articles 6, 7, 12, 19, assumed by the Purchaser are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to art. 1456 cc, without the need for a judicial decision.
23. Protection of the confidentiality and processing of the Buyer's data.
23.1. The Professional protects the privacy of his customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 196.
23.2. The personal and fiscal data acquired directly and / or through third parties by the Professional, Preview Group srl - registered office in Monopoli via conte di Torino 3 Monopoli ba - PI: 08086970723, data controller, are collected and processed in paper, computerized, telematics, in relation to the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow a 'effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
23.3. The Professional undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
23.4. Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
23.5. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, the 'data integration;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that are not necessary storage in relation to the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b ) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
23.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
23.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done safely.
23.8. The owner of the collection and processing of personal data is the Professional, to whom the Buyer can address any request at the company headquarters.
24. Contract storage mode.
24.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Professional informs the Buyer that each order sent is stored in digital / paper form on the server / at the office of the Professional himself according to criteria of confidentiality and security.
25.Communication and complaints.
25.1. Written communications addressed to the Professional and any complaints will be considered valid only if sent to info@michaelbolton.it. The Buyer indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Professional's communications to be sent.
Dispute settlement.
26.1. All disputes arising from this contract will be referred to the Bari Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
26.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the Purchaser if in Italy, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
27. Applicable law.
27.1. This contract and all disputes that arise in relation to it, including its validity, effectiveness, execution, termination and interpretation, are governed exclusively by Italian law.
The Professional The Buyer
The Buyer, following after private negotiation, and by reason of the sale price of the product purchased on the Site, expressly declares to accept the following clauses:
16. Disclaimer.
16.1. The Professional will not be responsible for non-delivery or delayed delivery in the event that: (a) despite having made the regular and timely purchase of the Products to cover the Order received, it has not been supplied in the terms and manner agreed with the Professional; (b) is unable to make up for the unavailability of such Products, due to circumstances not subject to its control and (c) has promptly notified the Buyer of such unavailability of the Products. Where the unavailability due to one of the circumstances indicated in the previous letters (a) and (b), does not allow to proceed with the delivery of the Products within thirty days from the placing of the Order by the Buyer, the Professional will reimburse all 'Buyer any advance payments of the price within thirty days from the day following that on which the Order was sent.
16.2. The Professional will not be responsible for failure or delay in delivery due to force majeure, such as - by way of example and not limited to - strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, flooding and damage to industrial machinery not dependent on the Professional. The Professional will promptly notify the Buyer of the occurrence and absence of a force majeure event. If the cause of force majeure persists for a period exceeding thirty days, each party will have the right to withdraw from the contract. In the event of withdrawal, the Purchaser will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the refund of any amount already paid as a price for the Product object of the Order, within 30 days of sending the order. 'Order itself.
16.3. The risk of accidental perishing of the Products will remain with the Professional until their delivery to the first carrier.
16.4. The Professional assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the Products purchased on the site, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
Settlement of disputes.
26.1. All disputes arising from this contract will be referred to the Bari Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
The Buyer
Borsa Donna Logata PVC, Linea Grace125.00 € 110 €
Zaino Donna Pelle Vacchetta, Linea New York173.00 € 156 €
Zaino Uomo Pelle Nappa, Linea London210.00 € 185.00 €
Borsello Uomo Pelle Vacchetta, Linea New York180.00 € 140.00 €