The goods subject to these general terms and conditions are sold by ANTOLINI LUIGI & C. S.P.A. with a registered office in S. Ambrogio di Valpolicella, Via Napoleone 6, 37015 Sant’Ambrogio di Valpolicella, Verona, Italia P.IVA / IT00448090233, hereinafter referred to as the “Vendor”, certified e-mail address firstname.lastname@example.org
1.1. “Business to consumer” means an online contract of sale concerning tangible goods belonging to the Vendor’s “Jewels” line. This contract has been entered into by the Vendor and the Purchaser by means of a distance selling system using electronic tools and arranged by the Vendor.
1.2. “Purchaser” means an individual consumer making a purchase according to this agreement.
2. Object of the agreement
2.1. According to this agreement, the Vendor sells and the Purchaser buys, at distance, the above mentioned tangible goods on offer on the website www.ladya.antolini.com by means of electronic tools.
2.2. The products referred to in the previous paragraph can be seen on www.ladya.antolini.com.
3. How the agreement is entered into
3.1. This agreement is entered into by and between the Vendor and the Purchaser solely online, when the Purchaser enters the website www.ladya.antolini.com and – following the relevant procedures – formalises his/her offer to purchase the goods referred to in paragraph 1 of the previous section.
4. Conclusion and Effectiveness of the Agreement
4.1. This purchase agreement shall be deemed as executed after the request form has been accurately filled out and consent to purchase has been granted online.
4.2. When the Vendor receives the order from the Purchaser, a confirmation e-mail is sent or a confirmation web page is shown with a summary of the order. Such a web page can be printed and comprises the order and client details, the price of the purchased good, shipping costs and possible additional expenses, payment methods and terms, the shipping address, shipping times and information about the right of withdrawal.
4.3. This agreement shall not be deemed executed and effective between the Parties if the provisions of the above paragraph are not complied with.
5. Methods of payment and refunds
5.1. The Purchaser can only pay online using one of the methods described by the Vendor on the relevant web page.
5.2. Any refund to the Purchaser will be credited within 30 days after the date in which the Vendor received the goods, provided that the provisions set forth in paragraph 13.4 were complied with.
5.3. All the messages regarding payments are forwarded through a dedicated encrypted line provided by the Vendor. The Vendor guarantees that all the information is stored by means of an additional encryption level and in compliance with the provisions set forth by the applicable data protection laws.
6. Shipping times and methods
6.1. The Vendor will deliver the selected and ordered products according to the methods chosen by the Purchaser and confirmed by the e-mail referred to in paragraph 4.2.
6.2. Shipping methods, times and costs are clearly shown and highlighted in the confirmation e-mail referred to in paragraph 4.2.
7.1. All the sale prices for the products shown and pointed out on the website www.ladya.antolini.com are in Euros and are to be intended as an offer to the public according to Art. 1336 of the Italian Civil Code.
7.2. The above mentioned sale prices include VAT and any other taxes. Shipping costs and any other additional expenses shall be specified and calculated during the purchase procedure before the order is forwarded by the Purchaser – even if they are not included in the purchase price – and shall be shown on the order summary web page.
7.3. The prices shown next to the goods on offer are to be deemed valid until the date specified in the catalogue.
8. Product availability
8.1. The electronic catalogue of the Vendor shows the number of available products as well as the unavailable ones as well as the shipping times.
8.2 Should the products ordered not be in stock, the Vendor will notify the Purchaser by e-mail that the requested goods can no longer be reserved or about their availability times, asking the Purchaser if he/she wants to confirm the order or not.
8.3 The Vendor’s IT system will confirm as soon as possible that the order has been placed by sending a confirmation e-mail as per paragraph 4.2.
9. Limited liability
9.1 The Vendor shall not be held responsible for any disruptions due to force majeure resulting in longer order processing times and breaches of agreement.
9.2 Except in case of fraud or gross negligence, the Vendor shall not be held responsible towards the Purchaser for any disruptions or breakdowns linked to the use of the Internet outside the Vendor’s control.
9.3 The Vendor shall not be held responsible for any damages, losses and expenses suffered by the Purchaser due to breaches of the agreement for reasons beyond the Vendor’s control. The Purchaser shall be solely entitled to the complete refund of the price paid and any additional expenses.
9.4 Upon payment of the purchased goods, the Vendor shall not be held responsible for any illicit or fraudulent use of credit cards, cheques and other payment methods by third parties provided that the Vendor can prove that all possible due diligence precautions have been taken according to the latest technological developments and know-how.
11. Warranties and service
11.1 The Vendor is liable for any possible patent defects arising within two years after the goods have been delivered.
11.2 For the purposes of this agreement, consumer goods are deemed to be compliant if – where applicable – the following conditions apply:
the goods are fit for the purposes for which goods of the same type are normally used;
the goods comply with the description given by the seller and possess the qualities of the goods which the seller has held up to the consumer as a sample or model;
the goods show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his/her representative, particularly in advertising or on labelling;
the goods are fit for any particular purpose for which the consumer requires them and which he/she made known to the seller at the time of conclusion of the contract and which the seller has accepted.
11.3 The Purchaser loses all his/her rights if any possible patent defects are not notified to the seller within two months after the date in which such defects were detected. The above mentioned notification is not necessary if the seller has acknowledged the defects or has hidden them.
12. Purchaser duties
12.1. The Purchaser shall pay the price for the purchased goods according to the times and methods set forth in this agreement.
12.2. After the online payment procedure has been successfully carried out, the Purchaser shall print and retain this agreement.
12.3.The information in this agreement has already been read and accepted by the Purchaser, whose acknowledgement is compulsorily requested before the purchase can be confirmed.
13. Right of withdrawal
13.1. The Purchaser may withdraw from this agreement without penalty and without giving a reason within 14 working days from the date in which the purchased goods were received.
13.2. Should the Purchaser decide to exercise his/her right of withdrawal, the Purchaser shall notify the Vendor by means of registered letter with return receipt to be sent to the following address ANTOLINI LUIGI & C. S.p.a. Via Marconi, 10137010 Sega di Cavaion (Vr) – Italy or by fax to 0039 045 6836817.
13.4. The purchased goods shall be returned within 30 (thirty) days after the withdrawal notification has been sent and the relevant costs shall be borne by the consumer. In order to be entitled to a full refund, the Purchaser shall return the goods intact or in a normal state of preservation within the original packaging.
13.5. Upon receipt of the Purchaser’s withdrawal notification, the parties hereto are released from their respective duties, exception made for the provisions of the previous paragraphs in this section.
14. Termination causes
14.1 The Purchaser duties according to paragraph 12.1 as well as the guarantee that the payment made by the Purchaser has been successfully carried out according to the methods referred to in paragraph 5.1 and the Vendor’s compliance with the obligations as per section 6 are fundamental. By express and essential agreement, the breach of just one of the above mentioned duties – not due to force majeure or an act of providence – shall result in a termination of this agreement according to art. 1456 of the Italian civil code without any requirement of court judgement.
15. Confidentiality protection and Purchaser data processing
15.1. The Vendor protects the privacy of his/her customers and guarantees that their data are processed according to the privacy regulation provisions as per legislative decree no. 196, dated 30 June 2003.
15.2. Personal and tax data acquired directly and/or through third parties by the Vendor – who is the data controller – are collected and processed in documented, electronic and telematic format according to the processing methods, in order to place the orders and start the procedures linked to the execution of this agreement and the relevant notifications, as well as to comply with any legal obligations and effectively manage commercial relationships so that the requested services can be performed in the best way possible (art. 24, paragraph 1, letter b) of legislative decree 196/2003).
15.3. The Vendor undertakes to treat as confidential all data and information provided by the Purchaser and not to disclose it to unauthorized persons, nor use it for purposes different from those for which it was collected or forward it to third parties. Such data may only be provided upon request of the competent courts or other authorities authorized by the law.
15.4. Personal data will be forwarded – upon signing of a confidentiality agreement – solely to those in charge for the tasks necessary for the execution of this agreement and disclosed exclusively according to such purpose.
15.5. The Purchaser benefits of the rights referred to into art. 7 of legislative decree 196/2003, that is the right to:
a) update, amend or – when necessary – complete his/her personal data;
b) delete or make personal data anonymous or block data processed as a result of a breach of law, including data which need not be kept in relation to the purposes for which they were collected or subsequently processed;
c) get a certification that the operations and contents in letters a) and b) have been notified to those to whom the data were communicated or disclosed, exception made for the case in which such fulfillment proves to be impossible or involves the use of means manifestly disproportionate to the protected right. A data subject has the right to object – in whole or in part and on legitimate grounds – to the processing of his/her personal data, even though they are relevant to the purpose of the collection; to the processing of his/her personal data, where it is carried out for the purpose of sending advertising materials or direct selling or else for carrying out market research or commercial communication surveys.
15.6. It is necessary that the Purchaser communicates his/her personal data in order to correctly and promptly perform this agreement. Should the Purchaser fail to provide his/her data, his/her request will not be taken into consideration.
15.7. The collected data will be stored for the term necessary for fulfilling the purposes for which they were collected or subsequently processed. The data will be then safely deleted.
15.8. The Vendor is the data controller and the Purchaser may address any requests to his/her registered office.
15.9. Any requests, suggestions, ideas, information, documents, etc. received by the Vendor shall not be deemed confidential information or data, shall not affect third parties’ rights and shall be valid and truthful. In any case, the Vendor shall not be deemed responsible for the content of such messages.
16. How the agreement is filed
16.1. According to art. 12 of legislative decree 70/2003, the Vendor informs the Purchaser that the orders sent are stored in digital/hardcopy format on the server/at the Vendor’s registered office, in accordance with confidentiality and security criteria.
17. Communications and complaints
17.1. Written communications addressed to the Vendor as well as any possible complaints (right of withdrawal excluded) shall be deemed valid solely if they are sent to this address ANTOLINI LUIGI & C. S.p.a. Via Marconi, 10137010 Sega di Cavaion (Vr) – Italy or by fax to 0039 045 6836817 or sent to this certified e-mail address email@example.com
In the registration form, the Purchaser shall state his/her residence or domicile, telephone number or e-mail address where all the notifications from the Vendor will be sent.
18. Settlement of disputes
18.1. For any dispute regarding this agreement, the competent court shall be the Court of Verona (Italy).
19. Applicable law
19.1. This agreement shall be governed by Italian law.
This agreement abrogates and substitutes any other previous written or oral agreements, arrangements and negotiations between the parties having the same object as this agreement.