Introduction and definitions
These Terms of Sale regulate the purchase, via telematic, of the products shown on the website www.cantoricci.com, managed by the company “All’Angolo di via del Corso Srls” di Stefania Ricci, VAT number 0753710484, with headquarters in Florence (FI), Via del Corso 48/R. These Terms of Sale are an integral and essential part of the purchase contract of any product and, by submitting an order, the customer will accept it. In order to better understand these Terms of Sales, we will specify the following definitions: “Consumer”: any natural person who will place an order for purposes other than his business, commercial, artisan or professional activities carried out by him or his Company; “Professional”: any natural or legal person who will place an order in the practice of his business, commercial, artisan or professional activities carried out by him or his Company; “Customer”: a Consumer or a Professional; “Contract”: any agreement between the company “All’Angolo di via del Corso Srls” di Stefania Ricci and a Costumer about the purchase by the latter of one or more products, as concluded in Part A, Section 3.3 or 3.4, “Business day”: any day of the week, except saturdays or sundays and public holidays in Italy; “Order”: any offer concerning the purchase of one or more products made by a Customer to the company “All’Angolo di via del Corso Srls” di Stefania Ricci; “GCS”: general conditions of sale.
The company “All’Angolo di via del Corso” di Stefania Ricci may enter into a remote agreement with Customers, whether defined Consumers or Professionals; between the following GCS, those that expressly refer to Consumers will only apply to those who will fall into the defintion as specified above. Consumers wil also benefit of all protections provided for remote agreements under Title III , Section II of D.lgs 6 September 2005, n. 206 (Consumption Code), in addition to all other protections indisputably provided, in favor of Consumers, by the Consumption Code itself and by any other applicable law, thus Directive 2000/31/EC of 9th April 2003 enacted under decree n. 70 Information Society Services and Electronic Commerce, as well as all regulations geverning remote contracts and general rules of contract as well as established by the Civil Code, to which reference is made in the absence of a specific discipline. It will be specified below: 1) the technical steps for the conclusion of the contract; 2) the way the concluded contract will be stored and their access mode; 3) the technical means made available to the Customer to identify and correct data entry errors before submitting the order; 4) the indication of the means for dispute settlement regulations. The above applies to contracts concluded between the company “All’Angolo di via del Corso” di Stefania Ricci and Consumers, as well as Professionals with, unless the latter otherwise agreed between the parties.
For any problem, complaint, information about the purchase of Products, the interested parties may contact directly “All’Angolo di via del Corso” di Stefania Ricci at the email address firstname.lastname@example.org, or the Customer Service at the number 0552381553. The company “All’Angolo di via del Corso” di Stefania Ricci makes itself available for any explanatin or information about 1) the content of the GCS, 2) the content of the contract and its related regulations, 3) any complaint. If the Customer decides not to use the telephone service, all the rights and options accorded to the Customer by law remain in any case unaffected. As for saving and printing of the GCS and the ability to view the text of the concluded Agreement, please refer to the following provisions.
1. Downloading and consultation of Terms and general Conditions of the Contract
The Customer can keep a copy of these general terms, as well as the documents that make up the Agreement relating to the Products purchased on the Website, using the normal functionality of his browser (e.g. “File”->”Save as”). You can also download these GCS on PDF format and save them, by clicking HERE. If you want to view the PDF file, it is necessary to use the free programm Adobe Reader (www.adobe.it) or any ohter equivalent program compatible with the PDF format. Furthermore, the Customer could store data about his order, either by downloading the GCS, according to the above, saving with the support of his browser’s functions, data summed up in the last webpage that will appear before confirming every Order, either waiting for the order confirmation email that “All’Angolo di via del Corso” di Stefania Ricci will send, after the order will be placed, to the email address indicated by the client. This confirmation email will contain the data of the order submitted by the Customer, as well as a copy of the GCS, which may lead to the possibility to print or save these documents, using the features of his email program. The data related to each Order will be saved by the company “All’Angolo di via del Corso” di Stefania Ricci on their own systems in appropriate “Folders” in which every registered Customer will have access to them and consult his “order situation”. In order to preserve the confidentiality of this information, the access to these data by the customer will be allowed only after prior authentication in the reserved area of the Website called “My account”, by entering the appropriate access credentials by the Customer that will be given to him at the time of registration to the Website itself. In this restricted area, using personal credentials, Costumers can consult their concluded contracts, pending orders and those just forwarded, as well as update and save their personal information, any bank details and/or data relating to the newsletter subscription. Costumer of the Website undertakes to keep his login credentials confidential and do not make them available to third parties.
2. Conclusion of the Contract
Any Contract relating to the purchase of products will be stipulated exclusively in Italian. The exposition of the Products on the Website is addressed to Users of it so that they could make a purchase proposal to the company “All’Angolo di via del Corso” di Stefania Ricci. These invitations to offer are not binding on the company “All’Angolo di via del Corso” di Stefania Ricci and, in particular, do not represent offers to the public pursuant to article 1336 of Italian Civil Code, therefore the company “All’Angolo di via del Corso” di Stefania Ricci reserves the right to decide on acceptance of the proposals that will be formulated. However, it is not an agreement binding on the Consumer until the company “All’Angolo di via del Corso” di Stefania Ricci has in turn accepted the order submitted by the Consumer himself. In order to purchase one or more products via Internet, the Customer will have to register beforehand on the Website, and provide to the company “All’Angolo di via del Corso” di Stefania Ricci, in compliance with the applicable provisions about the protection of personal data, all necessary information to enable the Company itself to execute the submitted Orders. Once the registration is complete, the Customer can select one or more Products that he wants to purchase, by adding them in a “virtual cart”; at any moment he can see the content of the cart before submitting the order. It is noted in this regard that the Customer has the right to use the system only in demo mode, so as not to inadvertently take actions that may legally bind without his will. By clicking on the “Checkout” button, the Customer will start the procedure to send the order. While placing the Order until it is actually sent, the Customer will have the possibility to review the data he entered by clicking on the “Back” button, in order to identify, correct and/or delete any wrong information. By clicking on the “Complete the Order” button, at the end of the started procedure, the Customer will submit the Order towards the company “All’Angolo di via del Corso” di Stefania Ricci. Each Order forwarded in such manner must be understood, in all effects, as a contractual proposition by the Customer. After the Order has been placed by the Customer, it will follow promptly confirmation by the company “All’Angolo di via del Corso” di Stefania Ricci regarding the receipt of the Order itself, by sending an email to the email address provided by the Customer at the time of the Website registration. By sending such email, the company “All’Angolo di via del Corso” di Stefania Ricci will notify the Customer the successful confirmation purchase Order. The company “All’Angolo di via del Corso” di Stefania Ricci will be able to accept or not the Orders received without the Customer’s rights or claims against any title in the event of non- acceptance. The Order and the Order Confirmation will be deemed as received when the interested parties will have access to them. The Contract will be concluded, and then the Order accepted, when the Customer will have knowledge that the Order has been accepted by the company “All’Angolo di via del Corso” di Stefania Ricci, which means that the Customer will receive the Order confirmation Email on his own email address, containing confirmation of the Order, with contextual description of the Order just concluded.
3.1 Price reserved for Customers residing in Italy and in EU Countries
Product prices that are published on the website www.cantoricci.com reflect the actual retail price of the goods and are marked including VAT.
3.2 Price reserved for Customers residing in non-EU Countries
On the website www.cantoricci.com are also published product prices that reflect the actual retail price TAX FREE reserved only for Customers residing outside the EU. The total amount of the Order will be automatically calculated online by subtracting the Italian value Added Tax and the final invoice will reflect this VAT exemption.
3.3 Import taxes
Shipments destined outside the European Community are exempt from Italian Value Added Tax but they are subject to import fees (DDU – Delivery Duties Unpaid) based on internal regulations of each Country. The final Customer is fully responsible for the payment of these import taxes (DDU). Product prices published on the website www.cantoricci.com reflect the actual retail price of the goods not including import taxes (based on internal regulations of each Country). The payment of these fees is required to dispense the order by custom charges. To know the exact taxes and delivery charges, the Customer should contact the nearest customs office or, alternatively, the custom agent.
Shipping Costs will be calculated and added to the cart during the online purchase process. As required by laws regulating commerce, all shipments made by www.cantoricci.com are accompanied by an official invoice that declares the value of every single item in Euro. For items on sale, the invoice will indicate the discounted amounts.
5. Payment and Delivery
For each Order, the Customer will pay the price in full of the ordered Items, at the same time as the order is forwarded. It is understood that in the event of non-acceptance of the Order by the company “All’Angolo di via del Corso” di Stefania Ricci, this last will promptly refund to the Customers all the amounts already paid. During the process of forwarding the order, the company “All’Angolo di via del Corso” di Stefania Ricci suggests different methods of payment, including 1) payment by credit card (Visa, Mastercard, American Express), 2) payment by secure system “Paypal”, “Stripe” 3) payment by debit card (e.g. “Postepay”). The Customer will be required to indicate the payment method that he intends to use between those proposed.
The sales system of the Website, as a seller online, does not require the issuance of the invoice (or receipt or tax receipt) to a private (not nominee VAT), according to art. 22 of the Italian Presidential Decree n. 633 of 26/10/1972 and to art. 2, letter oo of the Italian Presidential Decree n. 696 of 21/12/1996 (as confirmed by Resolution n. 274/E of 5/11/2009).
For assistance, it is sufficient to keep the receipt of purchase included in the package order.
If the Customer wish, anyway, to request the issue of the invoice, he can simply contact our Customer Service before the order is shipped and fill the Fiscal Code field within his own personal data. The invoice will be forwarded to the address associated with the method of payment and it will not be possible to forward the invoice to a different address or nominee. The company “All’Angolo di via del Corso” di Stefania Ricci reserves the right to refuse or not to execute orders. For deliveries, the company “All’Angolo di via del Corso” di Stefania Ricci shall use carries of its choice. If the Product chosen by the Customer and object of the Contract concluded is marked as “available” on the Website, the company will ship the item within 3 business days, following the confirmation of receipt of payment. The company “All’Angolo di via del Corso” di Stefania Ricci will not be responsible for any failure or delayed delivery in cases where: 1) despite it arranged for regular and prompt purchase of Products to offset the Order received, the company has not been supplied following the terms and conditions agreed with the supplier; 2) it is not able to make up for the lack of availability of these Products, due to circumstances which are beyond its control; 3) it has promptly communicated to the Customer the unavailability of the Products. In any case, where the Customer is a Consumer and the unavailability of the Products, due to any of the circumstances indicated in the previous points 1) and 2) does not allow to proceed with the product delivery, the company “All’Angolo di via del Corso” di Stefania Ricci will refund the Consumer for any advanced payment within 30 (thirty) days beginning from the day after the Order is sent. The company “All’Angolo di via del Corso” di Stefania Ricci will not be responsible for any failure or delayed delivery due to force majeure, such as – strikes, measures taken by Public authorities, rationing or shortage of electricity or raw materials, transport difficulties, fires, floods, damages to industrial machinery that do not depend on the company and any other issue not foreseen that may happen for reasons beyond the company’s control. The company “All’Angolo di via del Corso” di Stefania Ricci will promptly notify the Customer the occurrence and the absence of a force majeure cause. If the event of force majeure lasts longer than 30 (thirty) days, both parties will be entitled to withdraw from the contract. In case of withdrawal, the Customer shall not be entitled to any compensation or refund of any kind, without prejudice to the right to have back what he has already paid for the Product ordered, within 30 days of sending the Order itself. In case of purchase made by a Consumer, the risk of accidental loss of the Products shall be sustained by the company “All’Angolo di via del Corso” di Stefania Ricci until the execution of the delivery to the Consumer or to any other person designated by him, regardless of whether the shipment of the Products is ensured or not. In case of purchase made by a person other than the Consumer, the risk of accidental loss of the item shall be sustained by the Customer upon delivery of the Product by the company to the first carrier.
6. Right of withdrawal
In compliance with the provisions of Legislative Decree n. 206 dated 6 September 2005 (The Consumer Code), the following terms and conditions governing the right to withdraw in favor of the Consumer are specified. Exercise of the right of withdrawal in favor of the Consumer. In accordance with the provisions of Consumer Code, the Consumer has the right to withdraw, without any penalty and without giving any reason, by sending within 14 (fourteen) business days a written notice through registered letter with acknowledgment receipt (the acknowledgment receipt is not, however, essential to prove the right of withdrawal), or by fax or email provided that the communication will be also confirmed by registered letter with acknowledgment receipt within 48 (forty-eight) hours after, to the following address: “All’Angolo di via del Corso” di Stefania Ricci, Via del corso 48/R, 50122 Firenze (FI) – Italy. The deadline of 14 (fourteen) business days to send the communication, as provided above, shall begin on the day of reception of the Product by the Consumer. With reception by the company “All’Angolo di via del Corso” di Stefania Ricci of the communication above-mentioned, the parties are released from the respective obligations under the concluded contract, subject to the obligations that in the meantime have been fully or partially accomplished. In this regard, it must be noted that if the products have already been delivered by the company “All’Angolo di via del Corso” di Stefania Ricci, the Consumer must return it within ten business days from the date of the receipt of the Product itself. The Product will be considered returned when it will be given to the Post Office or the Carrier. In order to exercise the right of withdrawal as regulated above, the essential condition is the integrity of the Product to be returned; in this regard, it is specified that the products must be: – returned properly packed in its original packaging, in perfect condition for re-selling (not ruined, damaged or dirty) and equipped with tags and all the accessories, instructions and documentation; – equipped with the transport document (found in the original packaging), in order to allow the identification of the Consumer (Order number, name, address) by the company “All’Angolo di via del Corso” di Stefania Ricci; – without evident signs of use, except those compatible with the operation of a normal test of the article. That is, they must not bear traces of any type of prolonged use (more than a few minutes) in excess of the time required for a test and must not be in a state that does not allow their resale. It is however sufficient for the good to be returned in the normal state of conservation and used with reasonable diligence. The assessments referred to above shall be referred to the vision of the company. If the returned Product does not conform to the above, the withdrawal will not be enforceable. The only costs due by the Consumer for exercising the right of withdrawal are the direct costs of returning of the Product.
If the Consumer has exercised his right of withdrawal in accordance with the above, the services received from the Consumer or the company “All’Angolo di via del Corso” di Stefania Ricci shall be returned. The company “All’Angolo di via del Corso” di Stefania Ricci will refund the price already paid by the Consumer as long as the Product is returned by the Consumer within 30 (thirty) business days from the date of receipt by the company “All’Angolo di via del Corso” di Stefania Ricci of the communication of exercise of withdrawal, or, if antecedent, from the date in which the company itself received the returned Product. The risks associated with destruction or damage of the Products during the shipment, will be charged to the Customer, understanding that in this case, the Products will not be considered intact and the withdrawal will not be effective.
7. Warranty and complaints management
Consumer purchases are subject to warranty law, including those, if the rules laid down by the Consumer Code relating to warranty against Consumers, I.e Legislative Decree n. 206 of the Consumer Code dated 6 September 2005. If defects or faults are found in the Products purchased in accordance with these GCS, the Consumer may contact the company “All’Angolo di via del Corso” di Stefania Ricci within two months of the discovery, in accordance with the methods indicated in these sales conditions and he may request the repair or replacement of the product. The choice between repair and replacement will remain at the Consumer’s discretion, except in the event that the chosen remedy is objectively impossible or excessively expensive. The company “All’Angolo di via del Corso” di Stefania Ricci depending on the situation, shall arrange the required repairs and replacements within a reasonable time from receipt of the Consumer’s request. The company “All’Angolo di via del Corso” di Stefania Ricci invites the Customer to describe as much detailed as possible the nature of the defect found and to send the Order documents specifying the Order number, the Consumer code number and any other useful detail for the correct identification of the claim. If no reply is received to the Consumer within 10 (ten) business days, the company invites the Consumer from now to solicit a response. The company “All’Angolo di via del Corso” di Stefania Ricci also recommends to check if the emails sent by the company will not be re-routed or blocked by “spam filters” and, consequently, will not reach their destination due to other technical problems of the Customer’s email program. If the required repairs or replacements will be impossible or excessively expensive, or will not be carried out within a reasonable period of time, or will cause significant inconvenience to the Consumer himself, the latter may request at his choice an appropriate price reduction or termination of the Contract. In any case, it will not be possible to terminate the Contract for minor defects, for which it has not been possible or excessively expensive to proceed with the repair or replacements of these Products. It is expressively understood that the above sections will not apply in case of defects in Products purchased by Professionals, against which the company “All’Angolo di via del Corso” di Stefania Ricci makes no warranty, without prejudice to the extent required by law.
8. Changes of the General Conditions of Sale
At any change of these GCS, the company “All’Angolo di via del Corso” di Stefania Ricci will promptly publish the GCS modified on the Website and, it will give its communication within the Website. The changed Conditions of Sale will become an integral part of the new Contracts, as from the first Order forwarded by the Customers, following their publication on the Website. In case of Orders already submitted prior this communication, the previous version of GCS will be applied.
9. Replacement Provision
If a present or future provision of these Terms and Conditions of Sale should be or become fully or partially invalid and/or ineffective or if there is a gap in these GCS provisions, the remaining provisions will remain valid and effective. It is understood that the company “All’Angolo di via del Corso” di Stefania Ricci will engage to negotiate, in good faith, the integration of the gap or the substitution of invalid and/or ineffective provision, with the aim of achieving the same results pursued by invalid or ineffective provision and the aim of safeguarding the economic substance of the contract.
9. Place of jurisdiction for any dispute resolution
The territorial jurisdiction for any dispute arising from any Contract concluded according to these GCS lays on the Civil Judge of the residency or domicile of the Consumer, if located in the Italian territory. In all other cases, the currently legislation in force will be observed.