On-line General sales conditions
These conditions regulate purchase and sale contracts entered into by the company Alisea S.r.l. Società Benefit, whose registered office is situated at Strada Ponte del Marchese, 24 – 36100 Vicenza (VI) Economic Administrative Directory (REA) no. VI319870, VAT reg. no. 03369950245, with certified e-mail address firstname.lastname@example.org and e-mail email@example.com, telephone number +39 0444/597691and fax number +39 0444/1830491, hereinafter referred to as ”ALISEA”, and any subject who intends to purchase online from the website www.perpetua.it, of which the company Alisea is owner, hereinafter referred to as the ”CUSTOMER”, who makes purchases exclusively for purposes which are not connected with any business, commercial, craft trade or professional activities conducted and who is based in the territory of Italy or in the Republic of San Marino.
These conditions regulate B2C purchases (from professional businesses to consumers) made on the website www.perpetua.it, in keeping with the provisions set out in Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, and Legislative Decree no. 70/2003 dealing with e-commerce.
The expression “online sale contract” indicates the sale and purchase contract relating to moveable goods sold by ALISEA and featured on the website www.perpetua.it, entered into by the company and the CUSTOMER as part of an online sales system, via the Internet.
The CUSTOMER is the private individual consumer who enters into the contract for purposes not connected with any business, commercial, craft trade or professional activities conducted.
ALISEA is the seller, identified in the manner described in the general provisions.
1. SUBJECT MATTER OF THE CONTRACT
These general conditions of sale are intended to regulate the sale contract between ALISEA, the seller, and the CUSTOMER, who purchases, online via the Internet, the moveable tangible goods indicated and offered for sale on the website www.perpetua.it.
On the page dedicated to the product, the CUSTOMER is informed about the characteristics of the individual products, which can be consulted in the individual tables displayed once the specific item has been selected by the CUSTOMER. These tables contain information relating to the materials used to manufacture the product and its aesthetic and functional characteristics.
ALISEA points out that the images depict the product that will be purchased by the CUSTOMER, subject to any distortions that may be created by the use of photographic filters, used to improve the quality of the image and to allow the CUSTOMER to examine the product in detail.
The product reflects the characteristics indicated in the tables, which refer to use of the article for the specific purposes for which it was designed and intended. ALISEA will not therefore be held liable for non-conforming characteristics of the article caused when the product is used for purposes differing from that for which it was intended. Equally, ALISEA will not be held liable for the imprudent use of the product or for a purpose other than that for which it was designed, or for use on the part of subjects who are unfit for any reason to utilise it correctly.
2. PRECONTRACTUAL INFORMATION SUPPLIED TO THE CONSUMER
Precontractual information supplied to the consumer – art. 49 of Legislative Decree no. 206/2005
Before the purchase contract is completed and before the order is approved and the payment stage is opened, the CUSTOMER will be given detailed information regarding the following:
the total price of the items selected, inclusive of taxes and duties;
details of shipping costs;
any additional costs;
any other services;
methods of payment;
methods and time schedule to be adopted for shipment of the purchased goods;
conditions, terms and procedures to be adopted to exercise the right of withdrawal from the contract, as well as those obtained via the link from which the “withdrawal form”, referred to in Annex I, Part B of Legislative Decree no. 21/2014, can be downloaded;
the fact that, if the CUSTOMER chooses to withdraw, he must bear the shipping costs for the return of the purchased goods;
the existence of a legal warranty regarding the conformity of the purchased goods
3. INFORMATION RELATING TO THE METHODS ADOPTED TO COMPLETE THE CONTRACT
Information relating to the methods adopted to complete the contract– articles 12 and 13 Legislative Decree no. 70/03
3.1. The sale contract must be completed exclusively online, through access on the part of the CUSTOMER to the address www.perpetua.it and the formalisation of a purchase order adopting the procedure envisaged on the website.
3.2. The CUSTOMER, before going on to confirm his order, must examine these general conditions of sale and accept them. More precisely, the CUSTOMER will be provided with all the precontractual information envisaged in art. 49 Legislative Decree no. 206/2005. These general conditions can be accessed via the link situated on the page www.perpetua.it, which refers the user directly to the page on which they are shown, and the CUSTOMER must also confirm that he has read and accepts the conditions by affixing a flag in the box provided, as an obligatory step towards completing the sale.
3.3. The sale contract between the CUSTOMER and ALISEA will be treated as having been completed once payment has been made by the CUSTOMER and therefore once ALISEA has sent the CUSTOMER an order confirmation by e-mail to the address indicated by the CUSTOMER. The e-mail will contain the information furnished by the CUSTOMER and the order number, the price of the purchased goods, with details of shipping costs and any other charges or requested services, as well as the address for delivery to which the goods must be sent. The CUSTOMER must check that the information set out in the confirmation is correct and should inform ALISEA promptly of any errors or discrepancies. The order will be confirmed within a period of ten days from the date of notification, and ALISEA will normally deal with the matter as promptly as possible.
3.4. The CUSTOMER completing the order will also be automatically sent, in the e-mail confirming the order, the link to download a digital copy of these general conditions of sale, in accordance with the provisions contained in art. 51, paragraph 1 of Legislative Decree no. 206/2005, as well as the conditions, terms and procedures to be adopted to exercise the right of withdrawal from the contract, with the link to the “withdrawal form” referred to in Annex I, Part B of Legislative Decree no. 21/2014.
4. EXECUTION OF CONTRACT AND SHIPPING TIME SCHEDULE
Execution of contract and shipping time schedule
4.1. ALISEA will only accept orders for delivery in the territory of Italy and the Republic of San Marino. Other destinations, will if introduced, be promptly indicated.
4.2. The offer for sale made by ALISEA is strictly limited to products actually available when the CUSTOMER places the order. ALISEA will not however be held responsible if a product is unavailable, even if it is stated on the site to be available. Situations may also arise when merchandise becomes temporarily unavailable, either in whole or in part, after ALISEA has sent an order confirmation, in which case the CUSTOMER will be immediately informed by e-mail of the possible delay in delivery and may withdraw from the contract. In all such circumstances, ALISEA will reimburse the amount paid within a period of ten days.
4.3. The goods must be sent to the address given by the CUSTOMER. ALISEA will not be held liable for the incorrect entry of data by the CUSTOMER, who must therefore ensure that the personal and shipping data stated are correct. If the CUSTOMER discovers that an error was made when entering data, he must pass on the correct data immediately to ALISEA, to the e-mail addresses given on the site and in the general conditions. If the e-mail containing the request for the data to be corrected is received after the order has been shipped by ALISEA, then the company cannot be held responsible.
4.4. ALISEA undertakes to deliver the merchandise ordered to the CUSTOMER within 30 days from the transmission of the e-mail confirming the order, even though ALISEA normally ensures that the product is sent within a shorter period, in order to secure greater satisfaction from the CUSTOMER.
5. PRICES AND PAYMENT METHODS
5.1. The sale prices of the products indicated on the website www.perpetua.it are expressed in Euros and are inclusive of VAT and, when applicable, the WEEE contribution.
5.2. Shipping costs, varying according to the type of shipment selected by the Customer, are not included in the purchase price indicated for each individual product, but are stated and calculated on the specific page covering the purchase of the product. The final price calculated and viewed by the CUSTOMER before payment is finalised will also cover shipping costs, details of which are given on the pages offered to the CUSTOMER before the purchase is completed.
5.3. If the price has been entered incorrectly by ALISEA, or is incorrect for any other reason beyond its control (e.g.: computer error), making the figure totally out of proportion to the actual value of the product, whether too high or too low, ALISEA reserves the right to cancel the order placed, returning the sum paid by the CUSTOMER within a maximum period of ten days.
5.4. The following payment methods are accepted: bank transfer and PAYPAL.
5.5. The order will only be confirmed and the goods sent once the transfer of the money has actually been acknowledged. ALISEA will not be held liable if the money is not transferred or is transferred late by the bank or financial broker concerned.
5.6. ALISEA will issue an invoice to cover the merchandise sent for every order placed on the website www.perpetua.it. The invoice will be available and printable once the order has been processed, in the section “My orders” in the CUSTOMER’s space “My account”. The invoice must contain the information supplied by the CUSTOMER during the purchase procedure. Once an invoice has been issued, the data it contains can no longer be altered.
6. RIGHT OF WITHDRAWAL
6.1. The right of withdrawal can be exercised by the CUSTOMER within a period of 14 days from the date on which the products are received, without the need to justify his decision to ALISEA. A CUSTOMER intending to exercise this right must merely give notice of his decision to withdraw from the contract, thereby making the withdrawal in the manner envisaged in articles 52 et seq. of Legislative Decree no. 206/2005.
6.2. Notice must be given to ALISEA in the form of a registered letter with advice of receipt sent to the company’s registered office situated at via Saviabona, no. 56, ZIP code 36010 Cavazzale – Monticello Conte Otto (Vi), or the e-mail address firstname.lastname@example.org, or in the form of any other statement in which it is clearly indicated that the CUSTOMER wishes to exercise the right of withdrawal, identifying himself and the contract from which he is to withdraw. Alternatively, the CUSTOMER may choose to use the pre-filled form, which can be obtained via this link and is also found in the order confirmation.
6.3. The aforementioned 14-day period will be taken to have been respected if the statement is sent by the CUSTOMER to ALISEA before it expires.
6.4. The goods must be returned, intact and in their original packaging, without any breakages or sign that they have been used, at the CUSTOMER’s expense, to ALISEA, at the company’s registered office situated at via Saviabona, no. 56, ZIP code 36010 Cavazzale, Monticello Conte Otto (Vi), without undue delay and in any event, within a maximum period of 14 days from the notice of withdrawal. Once it has received the goods, if they have been returned within the period indicated, intact and in their original packaging, ALISEA must arrange for the amount paid by the CUSTOMER to be returned, adopting the same method as that used for payment, within a period of 14 days from the date on which it was informed of the CUSTOMER’s decision to withdraw, provided that it has received the goods or the CUSTOMER has demonstrated that they have been dispatched.
6.5. Pursuant to art. 59, 1st paragarph, letter c) of Legislative Decree no. 206/2005, the right of withdrawal cannot be exercised if the goods were produced in accordance with express specifications from the CUSTOMER, or they have clearly been personalized, in particular, with the application of wording or other signs specifically indicated by the CUSTOMER.
7. LEGAL WARRANTY OF CONFORMITY
If the products received do not conform to the orders or are defective, the CUSTOMER will be entitled to have the product made to conform, free of any charge, by means of repairs or by replacing the item. The CUSTOMER may exercise this right if the defect is made apparent with a period of two years from delivery of the merchandise and the defect is reported to ALISEA within two months of its discovery. The purchased item will be taken not to conform if:
it is not fit for the use for which goods of the type in question are normally intended;
it does not conform to the description given by the seller and does not have the characteristics of the item presented to the Consumer as a sample or model;
it does not have the characteristics and performance customary for goods of this type, which a consumer can reasonably expect, also bearing in mind the statements made in advertisements, in the product sheet and the labelling;
it is not fit for the particular use intended by the consumer and made known by him to the seller when the contract was completed and which the seller accepted.
Faults, malfunctions or defects of any other type, caused by accidental events or events for which the user is responsible, or resulting from use of the product in a manner that does not comply with that for which it was intended and/or that envisaged in the technical documentation accompanying the Product, if supplied, or in the operating instructions relating to the item, if supplied, or in the product tables set out on the site and made available to the CUSTOMER before the order was finalised, do not therefore fall within the scope of the Legal Warranty.
In the event that the product is defective or non-conforming, ALISEA will arrange for it to be collected, at its own expense, in keeping with the CUSTOMER’s availability.
8. SALES WARRANTY
All the products featured on the website www.perpetua.it benefit, not only from the legal conformity warranty referred to in the previous article, but also from a sales warranty, whose term is stated in the product tables relating to the articles in question.
To obtain assistance under warranty, the CUSTOMER must keep the invoice, which can be printed from the section “My orders” in the space “My account “.
ALISEA will not be held liable for faults or failures caused by force majeure or accident, even if resulting from malfunctions or failures in the Internet, should it be unable to execute the order by the dates envisaged in the contract.
10. ACCESS TO THE SITE
The CUSTOMER is given access to the site for consultation purposes and to make purchases. He is not permitted to use the site or its contents for any other purpose, in particular of a commercial nature. All the elements making up this site, whether audible or visual, and the related technology used, remain the property of ALISEA and are protected by intellectual property rights.
The website www.perpetua.it uses ”cookies”. Cookies are electronic files that record information relating to the CUSTOMER’s visit around the site (pages consulted, date and time of consultation, etc.), which allow ALISEA to offer its customers a personalised service.
ALISEA informs the Customer that the creation of these files can be inhibited, by accessing the Internet configuration menu. It is understood that this will prevent the Customer from purchasing online.
12. SUPPLEMENTING AND MODIFYING GENERAL CONDITIONS
These General Conditions of Sale represent all the provisions of which they are composed. If one or more provisions in these General Conditions of Sale is considered invalid or declared as such in keeping with the law or regulations, or following the decision of a court having the necessary jurisdiction, the other provisions will continue to be valid and to have full binding effect.
ALISEA reserves the right to modify these general conditions at any time, publishing the up-dated version on the website www.perpetua.it. The modifications will apply to orders submitted after the new version is published on the site.
14. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed by Italian law, as is any dispute that arises in connection with contracts entered into under their terms.
Any dispute that is not settled on an amicable basis will be referred exclusively to the Court having jurisdiction over the place in which the CUSTOMER has his residence or domicile, if located within the territory of the Italian State. If the CUSTOMER has his residence or domicile abroad, the sole Court having jurisdiction will be that of Vicenza, unless another jurisdiction has been established mandatorily by consumer legislation of the European Union.
In any event, the parties are entitled to have recourse to the mediation procedures provided for in Legislative Decree no. 28/2010, to settle any disputes arising in connection with contracts entered into under the terms of these sales conditions.