The goods covered by these General Conditions of Sale are put up for sale by Bianco Giovanni BIANCO HOME TUSCANY based in Via della Zecca 30 Lucca, registered at the Chamber of Commerce of Lucca at no. LU - 229932 of the Business Register, VAT no. 02490400468 hereafter referred to as "Supplier", e-mail address firstname.lastname@example.org
1.1. The term "online sales contract" means the purchase and sale contract relating to the movable tangible property of the Supplier, stipulated between them and the Purchaser in the context of a remote sales system, organized by the Supplier.
1.2. The term "Purchaser" refers to the individual consumer or company or sole proprietor or freelancer who makes the purchase, referred to in this contract, for purposes relating to the commercial or professional activity carried out.
1.3. The term "Supplier" means the subject indicated in the epigraph or the subject providing the information ser-vices.
2. Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely acquires the movable tangible property indicated and offered for sale on the website www.biancohometuscany.it.
2.2 via telematic means. The products referred to in the previous point are illustrated on the web page www.biancohometuscany.it.
3. Method of stipulation of the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the In-ternet by accessing the Buyer at www.biancohometuscany.it where, following the procedures indi-cated, the Purchaser will arrive to formalize the proposal for the purchase contract of the assets re-ferred to in paragraph 1 of the previous article.
4. Conclusion and effectiveness of the contract
4.1. The PRODUCT purchase contract ends with the exact compilation of the application form and the consent to the purchase manifested through the adhesion sent online or by completing the form attached to the online electronic catalog at www.biancohometuscany.it and the subsequent submission of the form itself, always after viewing a web page of the order summary, printable, which contains the details of the person ordering and the order, the price of the goods purchased, any additional accessory charges, terms and conditions of payment, the address of the establish-ment where the goods must be collected (Ex Works EXW), the timing of delivery and the existence of the right of withdrawal.
4.2. The purchase contract PRODUCT + PERSONALIZED DELIVERY ends with the exact compi-lation of the application form and the consent to the purchase manifested through the adhesion sent online or with the completion of the form attached to the online electronic catalog at the ad-dress www.biancohometuscany.it and the subsequent submission of the form itself, always after viewing a web page of the order summary, printable, which contains the details of the person or-dering and the order, the price of the goods purchased, any additional accessory charges, pay-ment methods and terms, the subsequent purchase of the PERSONALIZED DELIVERY, the appli-cation of the INCOTERM® 2010 International Rules DAP (Delivered At Place) any additional ac-cessory charges point 7.3, the modalities and terms of payment, the address where the goods will be delivered, the time of delivery and the existence of the right of withdrawal.
4.3. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable confirmation and summary web page containing the data recalled in the previ-ous point.
4.4. The contract is not considered perfected and effective between the parties in defect of what indicated in the previous point.
5. Method of payment and reimbursement
5.1. Each payment by the Purchaser can be made through only by one of the methods indicated: PayPal, credit card via PayPal, bank transfer.
5.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Sup-plier and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of with-drawal, as governed by clause 13, point 2 and others of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations regard-ing the protection of personal data.
6. Times and methods of delivery
6.1. The Supplier will deliver the selected and ordered products according to points 4.1, 4.2, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in 4.1, 4.2 .
6.2. Shipment times may vary from one to a maximum of five working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within this period but, however, within the one indicated in the following point, it will be promptly notified by e-mail to the Buyer.
6.3. The correct procedures are clearly indicated and well highlighted at www.biancohometuscany.it.
7.1. All sales prices of the products displayed and indicated on the website www.biancohometuscany.it, are expressed in euro and constitute an offer to the public pursuant to art. 1336 c.c ..
7.2. The sales prices, referred to in the previous point, include VAT, to date the VAT rate is 22%.
7.3. Shipping prices and any additional charges (for example: customs clearance fees, customs clearance and so on), according to the International Transportation Rules INCOTERM® 2010 DAP (Delivered At Place) as reported in the contents of the web page of summary of the order placed.
7.4. The prices indicated for each of the goods offered to the public are valid until the date indicat-ed in the Collection.
8. Availability of products
8.1. The Supplier ensures the processing and xecution of orders without delay through the telemat-ic system used. To do this, he indicates the shipping times in the electronic catalog.
8.2. If an order exceeds the quantity of product supported by the Artisan Companies, the Supplier, by e-mail, will inform the Buyer if the goods are no longer booked or what are the waiting times to obtain the selected goods, asking to confirm the order or not.
8.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the user a confirmation by email, according to point 4.1, 4.2.
9. Limitations of liability
9.1. The Supplier assumes no responsibility for disruptions due to force majeure, in the event he fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of its own or its sub-suppliers.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, since the Pur-chaser is entitled only to full repayment of the price paid and any accessory charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if it 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.
9.5. Under no circumstances can the Purchaser be held liable for delays or errors in the payment if he proves that he has made the payment in the time and manner indicated by the Supplier.
10. Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to art. 114 as modified, of the Consumer Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the damaged party, within three months of the request, of the identity and domicile of the producer or of the person who supplied the goods.
10.2. The aforementioned request by the damaged party, must be made in writing and must indi-cate the product object of the damage, the place and date of the purchase; it must also contain the offer to view the product, if it still exists.
10.3. The Supplier can not 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 bind-ing provision, or if the state of scientific and technical knowledge at the time the manufacturer placed the product in circulation, did not yet allow the product to be considered as defective.
10.4. No compensation will be due if the damaged party has been aware of the product's defect and of the danger that derives from it and nevertheless voluntarily exposed itself to it.
10.5. In any case, the damaged party must prove the defect, the damage, and the causal connec-tion between defect and damage.
10.6. The damaged party can claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refund-able only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 eu-ros).
11. Obligations of the Purchaser
11.1. The Purchaser undertakes to pay the price of the goods purchased in the times and methods indicated and well highlighted on www.biancohometuscany.it.
11.2. The Buyer agrees, once the online purchase procedure is concluded, to provide for the print-ing and preservation of this contract.
11.3. The information contained in this contract have, moreover, already been viewed and accept-ed by the Purchaser, who acknowledges this, as this step is made mandatory before confirming the purchase.
12. Right of withdrawal - Return
12.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the goods purchased.
12.2. The items sold on www.biancohometuscany.it are custom made, specifically and only for the Buyer after he has placed the order by filling out the appropriate form. The Supplier accepts the right of return only on items that have a delivery time of less than two weeks. No return or ex-change will be accepted on items that have a production time greater than two weeks.
12.3. In the event the Purchaser decides to exercise the right of withdrawal, he must inform the seller in the Customer Service section starting from the day of receipt of the product. For the pur-pose of exercising the right of withdrawal, the sending of the communication may validly be re-placed by the return of the purchased goods, provided that they are in the same terms. The deliv-ery date to the post office or to the forwarder will be valid between the parties.
12.4. The return of the goods must however take place at the latest within 14 (fourteen) days from the date of receipt of the goods. In any case, in order to be entitled to full reimbursement of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation, ie never been used.
12.5 The Purchaser must deliver the goods to the address indicated by the carrier, i.e. to the ad-dress of the Production Company.
12.6. The state of conformity of the returned goods will be checked by our experts and by the com-pany that produced it. Only after their approval will the reimbursement procedures be activated.
12.7. The expenses due to the Purchaser for the exercise of the right of withdrawal pursuant to this article are only the expenses and any additional charges (for example: Import taxes, customs clearance to Italy, stock at customs and so on) if present.
12.8. 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 reciprocal obligations, without prejudice to the provisions of the previous points of this article.
13. Causes of termination
13.1. The obligations referred to in point 11.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser carries out with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the failure to fulfill only one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the resolution of contract law pursuant to art.1456 of the Civil Code, without the need for a judicial decision.
14. Protection of privacy and processing of Buyer data
14.1. The Supplier protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree of 30 June, 2003, n. 1961. 1 General Provision of the Guarantor for the protection of personal data Simplifica-tions of certain obligations in the public and private sphere with respect to processing for adminis-trative and accounting purposes of 19 June 2008, published in the Official Journal of 1 July 2008, no. 152. 2 General Provision of the Guarantor for the protection of personal data Practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142.
14.2. The personal and fiscal personal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper form, computerized, telematics, in relation to the processing methods, with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addi-tion to the fulfillment of any legal obligations, as well as to allow an effective management of busi-ness relationships to the extent necessary to best perform the requested service (Article 24 , para-graph 1, letter b) of Legislative Decree 196/2003) 22.
14.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser with discretion and not to disclose it to unauthorized persons, or to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law.
14.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively for that purpose.
14.5. The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree no. 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, includ-ing data whose retention is unnecessary for the purposes for which the data were collected or sub-sequently 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 where this fulfillment proves impossible or in-volves the use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part, for legitimate reasons to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection; to the pro-cessing of personal data concerning him for the purpose of sending advertising or direct sales ma-terial or for carrying out market research or commercial communication.
14.6. The communication of personal data by the Purchaser is a necessary condition for the cor-rect and timely execution of this contract. Failing this, the Buyer's request can not be carried out.
14.7. In any case, the data acquired 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 safe.
14.8. Holder of the collection and processing of personal data is the Supplier, to which the buyer can direct, at the company headquarters, every request.
14.9. Anything sent to the Supplier's mailing address (including electronic) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case no responsibility on the content of the messages themselves can be at-tributed to the Supplier.
15. How to file the contract
15.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is kept in digital / paper format on the server / at the Supplier's premises, accord-ing to criteria of confidentiality and security.
16. Communications and complaints
16.1. Direct written communications to the Supplier and any complaints will be considered valid on-ly if sent to Customer Service. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes to receive communications from the Supplier.
17. Settlement of disputes
17.1. All disputes arising from this contract will be addressed toward an attempt at conciliation with the Mediation Body of the Chamber of Commerce of Lucca and resolved according to the Concilia-tion Rules adopted by the same. 18.2. If the Parties intend to appeal to the ordinary judicial authori-ty, the place of jurisdiction is that of the place of residence or elective domicile of the Purchaser, which is mandatory pursuant to art. 33, paragraph 2, letter u) cons. code
18. Applicable law and postponement
18.1. These General Conditions of Sale are governed by Italian law and in particular by Italian Leg-islative Decree n. 206 of 6 September 2005 on distance contracts (Consumer Code) - and in par-ticular "Chapter I, Title III of Part III - and by Legislative Decree No. 70 of 9 April 2003 on certain aspects related to e-commerce.
18.2. For anything not expressly provided for herewith, the legal provisions applicable to the rela-tionships and the cases provided for in this contract hold true, and in particular art. 5 of the 1980 Rome Convention. 19.3 Pursuant to art. 60 cod. Cons., the rules contained in Part III, Title III, Chapter I, cod. cons.
19. Amendments and updates
19.1 The General Conditions of Sale may be changed from time to time due to new laws and regu-lations or for other reasons. The new General Conditions of Sale will be effective from the date of publication on biancohometuscany.it and will therefore apply to orders placed after that date.