Customer declare explicitly that his intentions of buying has nothing to do with his commercial or professional activity.
Goods covered by present general conditions are sold by CI.PA sas , situated in Longare, via dell’Artigianato No.45, registered at the Chamber of Commerce in Vicenza No. 02721120240 of Companies Register, VAT NUMBER No. 02721120240 here following named as “Seller”, email address: firstname.lastname@example.org
- With the sentence “Online selling Contract”, is meant the buying and selling contract, regarding Seller’s movable and tangible goods, drew up between the Seller and the Customer on E-Commerce area, organized by the Seller.
- With the word "Customer", is meant the consumer as a real person that effectuates the purchase, mentioned in this contract, without any intentions of buying for his commercial or professional activities.
- With the word "Seller" is meant the subject indicated in this Contract namely the subject who gives information services.
- Object of the Contract
- With this contract, respectively, seller sells and buyer remotely purchases by using telematics, movable and tangible goods, offered on the web site www.homechocolatemolds.com
- Products to which we referred to, in the previous point, are shown on the web www.homechocolatemolds.com/shop
- Supply terms and conditions
- Contract between the Seller and the Customer is concluded only through Internet, through the access of the customer to the web www.homechocolatemolds.com, where, following the mentioned procedure, customer will formalize the proposal for the purchase as mentioned on previous article, point 1.
- Conclusion and effectiveness of the Contract
- Purchase contract is concluded through the correct compilation of the request form and the accord to the purchase, shown through adherence sent on line, namely by filling out the form/model that you can find on line at the address www.homechocolatemolds.com/il-tuo-carrello and then confirming it, always after viewing a web page summary of your order, printable, in which are shown purchaser and order information, the price of good bought, the shipping charges and other eventual additional charges, mode and terms of payment, the address where the good will be delivered, delivery time and the right of cancellation.
- When Seller receives the order from the Customer, he must send a confirmation email or he must show a view of order confirmation and summary in a web page, printable, in which are shown also data indicated in the previous point.
- Contract is not considered valid and effective between the parties, if what mentioned in the previous point is not followed.
- Payment and reimburse methods
- Every payment made from Customer, can be effectuated only and exclusively by using one of the methods indicated in the Seller’s dedicated page.
- Every eventual reimburse to Customer, will be accredited through one of the methods proposed by the Seller and chosen by the Customer, promptly and, in case of exercising the right of cancellation, as disciplined from clause 12, point 2 and following ones of the present contract, within maximum 30 days from the date when the Seller became aware of the termination.
- Time and way of delivery
- Seller will provide to ship selected and ordered products, with methods chosen from Customer or indicated in the web site at the moment of the acceptance of the offer, as confirmed in the email indicated in point 4.2.
- Delivery time can change from the day of the order to a maximum of working days from the confirmation. In case Seller won’t be able to effectuate the delivery within this term, but, by the way, within the one indicated in the following point, customer will receive a timely notice by e-mail.
- Methods, time and costs of delivery are clearly indicated in each article.
- All selling prices of the products exposed and shown on the web site www.homechocolatemolds.com, are in Euro and they are integral part of the Offer to customers in accordance with the article No. 1336 Italian Civil Code.
- Selling prices, as indicated in the previous point, includes VAT where compulsory.
Delivery is debited to the customer and the amount, in relation to a specific order, can change due to delivery address and package weight (Italy or Foreign Countries) and it is clearly indicated ( In EURO including VAT where compulsory), during buying process, in the order summary and in any case, before the transmission of the order and in the receipt of order confirmation.
- HomeChocolateMolds claims the attention of the user, about the fact that customs duties could be debited with reference to the Country of destination of the product, in the moment that this product arrives to that Country. Those costs are in Costumer charges. HomeChocolateMolds has no control on these charges, that can markedly changes from Country to Country.
For further information, HomeChocolateMolds suggests the customers to contact customs authorities of Country of destination.
- Availability of products
- In case an order will exceed the quantity available in stock, Seller, with an e-mail, will inform Customer if good is no more available or which are the waiting time to obtain the good chosen, by asking if he wants to confirm or not the order.
- The informatics system of the Seller confirms in the shortest time possible the registration of the order, by sending a confirmation by email.
- Limitation of responsibility
- Seller assumes no liability for disruptions by force majeure causes, in case he cannot execute the order in times provided from the contract.
- Seller cannot be considered responsible to the customer, except in cases of willful misconduct or gross negligence, for delay or malfunction connected to the use of Internet network , outside of its control.
- Seller, further to this, won’t be responsible about damages, losses and costs incurred by the Customer, due to the failure of the contract, for reasons beyond his control, having Customer only the right of refund of the price paid and any other charge incurred.
- Seller doesn’t take any responsibility for any eventual deceitful and illegal use of credit cards or bank transfer data by third party at the moment of the payment of products bought, once he shows having adopted all possible precautions depending on the last technologies, experiences available at the moment and the common sense.
- In any case, Costumer will be considered responsible of delay or other problems concerning the payment, only if he shows having effectuated the payment following times and ways indicated by Seller.
- Conformity guarantee, proof of damage and payable damages: Seller obligations
- In accordance with the European Legislation 44/99/CE and the Italian Legislative Decree n.206/2005 (Consumer Code), Seller guarantees that his products will be without design and material flaws, which means they will be in compliance with descriptions published in the Site, for an interval of time of 2 (two) years from the delivery date of Products to Client. Guarantee will be considered invalid in case of washing or using of the product in any other ways beside the one compliant of the product, indicated in the instructions equipped by Seller, in other words the warnings indicated in the explaining documents or in the labels.
- Costumer has to report possible flaws or a loss of compliance not later than 15 (fifteen) days from the receipt of the goods, indicating to Costumer Service by mail to the following address email@example.com, a detailed description of the flaw and/or the loss of compliance checked, in other words documents of evidence (at least No. 1 (one) picture of the product, Seller’s order confirmation and/or the receipt of payment); otherwise the guarantee will be considered not valid.
- At the moment of the reception of the request and so documents of evidence, Seller will evaluate flaws and loss of compliance reported by Costumer, through the Owner assistance; after being effectuated all quality controls to verify the effective loss of compliance of the product, Seller will decide if he would authorized the product restitution, giving a written reply to the Costumer that contains the "Return Code", by email to the address reported by Costumer at the moment of his Site registration or his order transmission. The products restitution Authorization won’t constitute, in any case, a flaw or loss of compliance recognition, because this will be checked after the restitution of the product. Products that Seller authorized to be returned has to be returned by Costumer, with a copy of the products restitution Authorization that has to show the “Return Code”, not later than 30 (thirty) days from the products restitution Authorization to this address:
Via Dell'Artigianato 45
36023 – Longare (VI) - Italy
- Seller will evaluate, with the Assistance Service, the possibility to fix the product, restoring in this way his compliance, in a fair time, considering the type of goods.
- If the reparation would be considered impracticable, Seller undertakes the commitment to repay to Costumer the amount paid; the refund will be effectuated, when it’s possible, through the same method of payment used by Costumer at the moment of the purchase or through bank transfer. It will be a Costumer obligation to communicate to Seller, at the moment of return request, bank details to effectuate the bank transfer in favor of Costumer himself and to abled Seller to give back the owned amount.
- Customer obligation
- Costumer undertakes to pay the amount of the purchase respecting time and way indicated in the contract.
- Once the on-line purchase process will be concluded, Costumer undertakes to print and treasure the present contract.
- Information included in this contract were already examined and accepted by Costumer, because this passage is compulsory before the confirmation of the purchase.
- Right of withdrawal
- In any case Costumer has the right to break the stipulated contract, without any penalty and particularly specification, within 14 (fourteen) working days, becoming effective from the day of the good receipt.
- In case Seller doesn't satisfy the obligation of information about existence, method and time of return or pick up of the goods, in case of exercise of the right of cancellation as indicated in article 52 of the code of Consumer Code, the termination of the right of withdrawal is of 90 (ninety) days and it starts from the day of receipt of the goods from the consumer.
- In case Customer decides to make use of the right of withdrawal, he must notify the seller through a letter to the address Via Dell'Artigianato 45 – 36023 Longare (VI) 12.3. or through e-mail to the address firstname.lastname@example.org.
To exercise the right of withdrawal, the sending of the communication could be validly be replaced from the return of the good bought, provided under the same terms. It shall prevail between the parties the date of delivery to the post office or shipping agent.
- The return of the goods, must in any case come not later than 30 (thirty) days from the date of receipt of that good. In any case to have the right of the full refund of the price paid, good must be returned intact, and in any case in a normal state of conservation.
- Customer cannot exercise this right of withdrawal for purchase contracts of tailored products or clearly personalized, or that, for their nature, cannot be returned or because of the risk to deterioration or quick perishing and in any other case in accordance with the article 55 of the Consumer Code.
- Only expenses due from Costumer, for the exercise of the right of withdrawal, in accordance with this point, are the direct costs of returning to the Seller, unless the Seller agrees to bear the costs.
- Seller will provide for free to the refund of the complete amount paid from the Customer, within 30 (thirty) days from the receipt of notice of withdrawal.
- With the receipt of the communication, with which Customer informs the Seller about exercising of the right of withdrawal, parts of this contract, are dissolved by mutual obligations, except as provided in paragraphs of this point.
- Reasons for resolution
- The obligations mentioned in point 11.1, taken on from the Customer, as well as the guarantee of successful payment that Customer makes with the ways indicated in point 5.1, and also the fulfillment of the obligations taken on from the Seller as indicated on point 6, are essential, therefore by stated agreement, the non-fulfillment of only one of these obligations, if not determined by accident or force majeure, it will result the termination of the right of contract ex article 1456 Civil Code, without necessity of judicial pronunciation.
- Customer declares and guarantees that data given to Seller during registering and buying process are correct and truthful.
- Customer could, in any moment, revise and/or modify his personal data given to the Seller, through the appropriate section of the site "Account", accessible after authentication.
- Way of archiving of the Contract
- In accordance with the article 12 of the Legislative Decree 70/2003, Seller informs Customer that every order sent, is preserved digitally/ printed on the server/ at Seller’s headquarter, following Confidentiality and Security criteria.
- Communications and Claims
- All written communications directed to the Seller and eventual claims, will be considered valid if sent to the following address CI.PA sas Via Dell'Artigianato 45 36023 – Longare (VI) or through email to following address email@example.com.
Customer indicates in the registration form his residence or domicile, his phone number or the his email address where he wants to receive Seller’s communications.
- Method of dispute settlement
- All disputes that come from this contract will be subject of conciliation to the Vicenza mediation Chamber of Commerce Organism and it will be solved in accordance with the conciliation regulations adopted the Organism itself.
- If parts want to file a petition to the statute-book Judicial Authority, the Court in charge is the same of the Costumer’s residence or domicile, binding in accordance with the art. 33, clause 2, letter u) Consumer Code.
- Applicable law and indictment
1 1 Guarantor's General Provision for personal data protection Semplificazioni di taluni adempimenti in ambito pubblico e privato rispetto a trattamenti per finalità amministrative e contabili (Simplifications of certain acts in public and private for processing operations for administrative or accounting purposes ) dated 19 June 2008, published in the Gazzetta Ufficiale dated 1 July 2008, No. 152.
- This contract is regulated by the Italian law.
- Even if there’s no explicit disposition, the rules of law applicable in accordance with and preview to this contract, especially art. 5 of Rome Convention of 1980.
- In accordance with the art. 60 cod. cons., it is here expressly recall the legislation enclosed in the Part III, Title III, Chapter I Consume Code.
This contract annuls and substitutes every agreements or negotiation, written or verbal, that has been taken place previously between the parties and regarding the object of this contract.