Model contract for the online sale of consumer goods.
The purchaser , expressly, declares to have permormed the purchase for purposes unrelated to commercial or professional activity.
Goods subject of these conditions are sold by ordpad.com, situated in n. 1 Floresta street, it's registered at the Italian Chamber of Commerce in Palermo n.________ of the Comany's Registry Office, numerical fiscal code VNACLD83P08G73Y, 0620987082006 VAT number.
1.1 With the expression "on line sale contract reference" is made to the sale contract related to the material goods of the supplier, stipulated between the Supplier and the Purchaser in the field of a remote sale system via computerized instruments, organized by the supplier.
1.2 The term "Purchaser" refers to the consumer as a natural person who permors the purchase, to which this contract relates, for purposes unrelated to commercial or professional activities in which they are involved.
1.3 The term "Supplier" refers to the lender of the information services.
Object of the contract
2.1 In accordance with the contract, the supplier sells and the purchaser acquires, respectively, by e mail, only the tangible movable property indicated and offered in sale on this site www.ordpad.com
2.2 The products mentioned in the preceding point are shown in the web page www.ordpad.com.
Contract excution method
The contract between the supplier and the purchaser is stipulated exclusively through nternet, when the purchaser accesses the website www.ciaotourist.com, where, following the procedures described, purchaser will formalize a proposal for the purchase goods and the contract for the property referred in paragrap 2.1. of the preceding article.
Conclusion and efficacy of the contract
4.1. The purchase contract is concluded by correctly filling out the request form with the purchase agreement that will be manifested through application addressed on line, after viewing a printable web page summary of the order in which are contained the details of the payer and the order, the price of the goods purchased, any additional charges, the terms and condition of payment, the address where goods will be delivered, the delivery term and the purchaser's right to withdrawal.
4.2 When the supplier receives an order from the Purchaser, he will send an e mail of confirmation and/or visualitation of a web page of confirmation and summary of the order, in printed version, indicating the details mentioned in the previous point.
4.3 The contract is considered to have been concluded and effective between the two failing sides as specified in the preceding point.
Payment and refund method
5.1 Every payment by purchaser may take place only with one of the metods indicated in the website.
5.2 Any refund will take place on the same means of payment with which you made your purchase.
5.3 All communication about payments take place in a specific line of the supplier protected by cryptic system. The supplier guarantees the storage of information with an extra level of encryption and security in accordance with the provisious of current legislation regarding the protection of personal data.
Time and delivery method
6.1 The supplier will provide for shipment of the products selected and ordered in the manner indicated on the website, as confirmed in the e mail.
6.2 For the wholesale products, shipping times are from 9 to 12 working days.
6.2.1 It should be specified that the shipping times may vary from the same day of the order to a maximum of 20 working days from the confirm of the order in question. In the case that the supplier isn't able to the shipping within this period, timely notice will be given by e mail to the purchaser.
6.3 The procedure, time and shipping costs are clearly indicated and well highlighted at the addresse www.ordpad.com
7.1 All of the sale's prices of the products illustrated and indicated in the website www.ordpad.com are expressed in €uro and represent an offer to the public according to article 1336 of the Civil Code.
7.2 The sale's prices don't include VAT and others taxes. Shipping costs and the addictional charges (e.s. custom clearance of goods), although not yet included in the purchase's price, must be calculated in the purchase procedure prior to the placing of the order from the purchaser and also contained in the summary page in the web site.
7.3 The prices indicated, corresponding to each of the goods, offered to the public are valid up to the moment, in which the order is placed and indicated on the order summary page.
Available of the products
8.1 The supllier ensures, by telematic system, the elaboration and the execution of orders, without delay.
For this reason, he indicates, in real time, in own electronic catalogue, the numbers of the available/disavailable's products and the shipping times.
8.2 If the order must exceeds the amount present in the warehouse, the supplier will notify, by e mail, the purchaser if the product is or isn't available in the future.
8.3 The supplier's computer system will confirm registration of the order in the shortest time possible, and he will notify the user by e mail in accordance with point 4.2.
Limitation of responsability
9.1 The supplier doesn't assume any responsability for disservices arising due to force majeur that could prevent, in whole or in part, to implement the time agreed to the contract.
9.2 The supplier will not be held towars the purchaser, except in cases of fraud or serious negligences for disservices or malfunction relating to use of internet which is outside his control or the control of his sub-suppliers.
9.3 The supplier doesn't also responsable for damages or incurred costs by the purchaser as a result of failure to excute the contract for reasons not attributable to him, he is the only entitled to a full refund of the paid price.
9.4 The supplier will not be responsable for any possible fraudulent and illegal use of credit cards possibily made by third parties for the payments of purchased products, to prove that he has adopted the cautions imposed by ordinary diligence.
9.5 In any case, the purchaser will be responsable for the delays and mistakes in payments if it's able to demonstrate the payment in the time and manner indicated by the supplier.
Responsability from defect, the damage and the damages refundable: the supplier's obbligations
10.1 In accordance with 114 Article of the Consumer Code, the supplier is responsable for damage caused by defects of the goods if he fails to provide the injured person, within 3 month of the request, the producteur's identity and address.
10.2 This request, by the damaged, must be in writing, and must indicate the damage causing product, the place and the date of purchase, must also include the offert in view of the product if it is also present.
10.3 The supplier will not be responsable for the consequences deriving from a defective product if the defect is due to the product conformity, at a binding legal regulation, or at a binding measure, or if the scientific and technical knowledge, at the moment in which the producer released the product, didn't allow for it to be considered defective.
10.4 No reimbursement will be owed where the damaged is aware of the product's defect and of the danger which derives from it, or he, voluntarily, exposes himself to that danger.
10.5 In any case, the damaged shall be provide the defect, the damage and the relationship between the defect and the damage.
10.6 The damaged could request the compansation for the damage caused by death or personal injury or by the destruction or the deterioration of items, as long as a kind normally intended for private or personal use and used by the injured party.
10.7 The damage caused to things, in accordance with 123 Article of the Consumer Code, will be refundable only to the extend that exceeds € 387.
Guarantee and assistence's terms
11.1 The supplier will be responsable for all defect's product that become apparent within a period of two years.
11.2 In this contract, goods are presumed to be in conformity to the contract, if, where relevant, coexist the following requirements:
a) they are fit for the purposes for which goods of the same time are normally used,
b) they are conform with the description given by the supplier and possess the qualities of the goods which the seller has showed to the purchaser as a sample or model,
c) they show the quality and performance of the same type of goods, 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 is representative, particularly in advertising or on labelling,
d) they are equally suitable for the particularly use of the consumer.
11..3 The Purchaser loses all rights, if he doesn't denounces to the seller the lack of conformity within a period of 2 months from the date of the defect's discovery. The complaint isn't necessary if the seller has recognized the existence of the defect or has concealed it.
11.4 In each case, except the contrary, it is assumed that the conformity defects appeared within 6 months from the delivery date of the product already existed, unless this hypothesis is incompatible with the nature of the product or the nature of the conformity defect.
11.5 In the case of a lack of conformity, the purchaser may request, without charge and the conditions indicated, the repair or the replacement of the purchased goods, a price's reduction or the end of the contract, unless the submission is impossible to satisfy or it is, for the supplier, exessively expensive in accordance with 130 Article, point 4, of the Consumer Code.
11.6 The request should be made in written form, by registered letter, to the supplier and after he will indicate own availability to start the request or the reason that prevent him to do it, within 7 working days of the receipt. In the same notice, where the supplier has accepted the purchaser's request, he must indicate the terms of shipment or the return and the period for the return or replacement of the defective goods.
11.7 If the repair or the replacement are impossible, excessively expensive or the supplier hasn't provided to the repair or replacement of the good within the term provided by the previous article, or the replacement or the repair, previously made, caused a lot of inconvenience to the purchaser, he could ask a substantial reduction of the price or the rescission of the contract. The purchaser should have to send the request to the supplier and he will indicate his availability.
11.8 In the same communication, where the supplier accepts the purchaser's request, he will indicate the reduction of the price proposed or the return's term of the defective goods, in such case the purchaser will indicate the terms of the accreditation of the sums paid to the supplier.
12.1 The purchaser undertakes to pay the price of the goods purchased in accordance with times and terms indicated in the contract.
12.2 The purchaser undertakes, after the online purchase process, to print and to save the contract.
12.3 The information contained in this contract has been viewed and accepted by the purchaser, who acknowledges this, because this passage has been made obligatory prior to confirmation of the purchase.
Right of withdrawal
13.1 The Purchaser has the right to withdraw from the stipulated contract, without penalty and specifying a reason, within the term of 14 working days, starting from the date of receipt of the goods purchased.
13.2 If the supplier has failed to fulfil the obbligations of information on the existence, procedure and terms for the rendering of the goods or withdrawl in the event the purchaser exercises the right of withdrawal indicated in 52 Article of Consumer Code, the term for the withdrawal right is of 12 months starting from the end of the right withdrawal and starting from the date of receipt of the goods from the consumer.
13.3 In the event, the purchaser opts to avail of his right of withdrawal, he must notify the seller using the registered letter, to the addresse n. 1 Floresta street, Palermo 90135 or a fax to the number 0916526746 or by an e mail to email@example.com, these communication must be confirmed with an registered letter. The date of the postmark receipy serving as proof.
13.4 The return of the goods must take place within 30 working days from the date of receipt of the goods. In every case, in order to qualify for compensation of the price actually paid, goods must be given in integral form and, however, in a normal state of maintenance.
13.5 The purchaser doesn't execise the right of withdrawal for the purchase's contract of audiovisual products or computer software sealed, as well as for products made to specifications or clearly personalized or that by their nature cannot be returned or are liable to deteriorate or expire rapidly, as well as, whose price is dependent on market fluctuations which the supplier isn't capable of controlling and in any other case included in the article.
13.6 The only costs of the consumer, for the exercise of the right of withdrawal, are the costs of returning of goods to the supplier, except that the supplier doesn't accept the assumtion.
13.7 The supplier will provide to the refund of the entire amount paid by the purchaser within 30 working days from the receipt of the withdrawal's communication.
13.8 With the communication the purchaser communicates the exercise of right withdrawal, the contracts parties are dissolve from obbligations, except without prejudice to what is stated above.
14.1 The obbligations of point 12.1 assumed by the purchaser, as well as, the guarantee of successful completion of payment by the purchaser using the means referred in point 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 of any one of these obligations, unless caused by unforseeable circumstances or force majeure, will result in termination of the contract pursuant to the article 1456 of Civil Code without any judicial decision.
Protection and treatment of personal details
15.1 The supplier counsels the customers' privacy and guarantees that the use of personal data is in compliance at the norm on privacy, as indicated by the Legislative Decree n. 196, 30 June 2003.
15.2 The personal and taxes details acquired directly and/or from third parties from blocchicomade.it, will be collected and handled in a printed and computerised form, according to the methods of use with the objective of registering the order and activating the procedure for the execution of the contract and the relative necessary communications, as well as, fulfilment of any possible legal obligations, and also to allow for efficient management of sales relations in the measure necessary to carry out the service requested in the best possible way (article 24, paragraph 1, letterb, legislative decree 196/
15.3 The supplier is obliged to treat the personal information with confidentiality and to not reveal them to unauthorised people, or use them for other reasons than those for which they were collected, or transmit them to third parties. These information can be exhibited only on application of the judicial authority for authorizing law.
15.4 Personal data, shall be communicated, following the undersigning of an undertaking of confidentiality with regard to it, only to collaborators charged with performing the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
15.5 The purchaser enjoys the rights conferrd on him, in point 7 of the Legislative Decree 196/2003 and so th right to obtain:
a) the updating, the correction or, when he's interested, the integration of the data;
b) the cancellation, the transformation into anonimity or the stoppage of data that has been processed in breach of the law, including any data whose the conservation isn't required in relation to the purposes for which the same has been collected or subsequently processed;
c) the confirmation that the operations illustrated in the points a) and b) have been brought to the attention, even with reference to their contents, to those to whom the data has been communicated or divulgated, except in the case in which said performance results as being impossible to achieve or woul lead to the use of means that are clearly out of proportion in view of the right that is being protected.
The interested subject has the right to oppose, completely or partially: 1) for legitimate reasons to the processing of personal data, even if pertinent to the purpose of collection;
2) to the processing of personal data for the dispatch of advertising or direct sales material or for the conduction of market research or business information.
15.6 The communication of the purchaser's personal data is a necessary condition for the correct and timely execution of the present contract.
15.7 In any event, the details acquired will be conserved for a period of time no greater than that necessary to the objective for which it has been collected and subsequently handled.
15.8 Owner responsible for the collction and treatment of personal data is the supplier, to whom the purchaser can direct all requests to the company headquarters.
15.9 Everything should be reach to the address of the center (requests, advices, ideas, information, materials) will not be considered information or data of a confidential nature, shall not violate the rights of others and must contain valid information, not violate the rights of others and true, in any case can not be attribueted to the centre no responsability for the content of the message themselves.
Term of contract's filing
16.1 In according to the Article 12 of the Legislative Decree 70/2003 the supplier informs the purchaser that all orders are conserved in digital/papier form on the server which hosts the site in accordance with confidentiality and security factors.
Communication and complaints
17.1 Written communication directed to the supplier and any complaints will be considered valid only when are addressed to blocchicomande, n. 1 Floresta street, 90135 Palermo (Italy), or transmitted by fax to n. +390916526746, or send by e mail to info@ordpadcom. The purchaser indicates in his registration form the residence or domicile, telephone number or e mail address to which he wishes to receive the communication of the supplier.
18.1 All disputes arising out of or in connection this agreement will be resolved by the chamber of Commerce of Palermo and according to the conciliation's settlement.
18.2 When the parties wish to avail of the ordinary legal authorities, the competent court is the place of the residence or domicile of the consumer, total commitment in accordance to the Article 33, point 2, letter u of the Legislative Decree 206/2005.
Applicable law and reference to legislative law
19.1 This contract is regulated by italian law.
19. 2 For any question not expressly regulated, the applicable laws shall apply and in a particular way the Article 5 of the Rome Convention of 1980.
19.3 In according with the Article 60 of italian legislative decree 206/2005 is expressly declared the discipline mentioned in the part III, title III, chapter I of the Legislative Decree.
The contract aborgates and substitutes every agreement and negotiation, writing and oral, concluded between partners involving the object of this contract.
A - I don't agree the conditions indicated above.
B - I agree the conditions indicated above.