The goods covered by these terms and conditions are offered for sale by Scarpe Diem srls (alias jacobuscalzature.it ) located in via Madonna del Prato 131 - 52100 Arezzo, registered at the Chamber of Commerce of Arezzo, REA AR169606 , Part.IVA 02209300512 hereinafter referred to as "Supplier".
1.1. The term "online sales contract" means the purchase and sale contract relating to the material movable property of the Supplier, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools, organized by the Supplier .
1.2. The term "Purchaser" means the consumer who is the physical person who makes the purchase, as per this contract, for purposes not related to the commercial or professional activity carried out.
1.3. The term "Supplier" refers to the subject indicated in the epigraph or the subject providing information services.
2) Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely acquires the tangible movable goods indicated and offered for sale on the website idearredobagno.it /
2.2. The products referred to in the previous point are illustrated on the web page: www.jacobuscalzature.it
3) Method of stipulation of the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet through the Buyer's access to the address www.jacobuscalzature.it, where, following the procedures indicated, the Purchaser will arrive to formalize the proposal for the purchase of goods the contract for the purchase of the assets referred to in paragraph 2.1 of the previous article.
4) Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the adhesion sent online or by completing the form / form attached to the online electronic catalog at the address www.jacobuscalzature. it / page-checkout and the subsequent submission of the form / form itself, always after displaying a printable order summary web page, in which are listed the details of the ordering and ordering, the price of the purchased good, shipping costs and any additional charges, payment methods and terms, the address where the goods will be delivered, delivery times and the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable confirmation and summary web page, which also includes the data recalled in the previous point.
4.3. 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 only by one of the methods indicated on the appropriate web page by the Supplier.
5.2. Any refund to the Purchaser will be credited by one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 and ss. 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 are made on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations regarding the protection of personal data.
6) Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, 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 e-mail received from the Purchaser at the time of order. p>
6.2. Delivery times may vary from the day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is not able to deliver within this period but, in any case, within the one indicated in the following point, it will be promptly notified by e-mail to the Purchaser.
6.3. The methods, times and actual costs of shipping are indicated at the time of purchase.
7.1. All sales prices of products displayed and indicated within de The Internet site idearredobagno.it/ are expressed in euros 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 and any other tax. Shipping costs and any ancillary charges (eg customs clearance), if any, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Purchaser and also contents on the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8) Availability of products
8.1. The Supplier ensures the processing and processing of orders without delay through the telematic system used. To do so, it indicates in real time, in its electronic catalog, the number of available products and those not available, as well as shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods can no longer be booked or what are the waiting times to obtain the good chosen, asking if it intends to confirm the order or less.
8.3. The Supplier's computer system confirms as soon as possible the registration of the order by sending the User a confirmation by e-mail, according to point 4.2.
9) Limitation of Liability
9.1. The Supplier assumes no responsibility for disruptions due to force majeure if he fails to execute the order within the timeframe set by the contract.
9.2. The Supplier can not 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 of its control or its subcontractors.
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 Purchaser is entitled only to full repayment of the price paid and any additional charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of products purchased, if it proves to have taken all the precautions possible 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) Responsibility from defect, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to articles 114 and ss. 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, within 3 months from the request, the identity and domicile of the manufacturer or of the person who supplied the good .
10.2. The aforementioned request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of the purchase; must also contain the offer in view of the product, if it still exists.
10.3. The Supplier can not be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer he put the product into circulation, it still did not allow the defective product to be considered.
10.4. No compensation will be due if the Damaged has been aware of the defect of the product and of the danger that derives from it and nevertheless has voluntarily exposed itself.
10.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Damaged may 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 Damaged.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of euro three hundred and eighty-seven (€ 387).
11) Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity which occurs within the period of 2 years from delivery of the goods.
11.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the good that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, producer or his agent or representative, in particular in advertising or on labeling; d) are also suitable for the particular use intended by the Consumer and that it has been brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has accepted also for conclusive facts.
11.3. The Buyer loses all rights if he does not denounce the lack of conformity to the Seller within a period of 2 months from the date on which the defect was discovered. The denunciation is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within 6 months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect of compliance.
11.5. In the event of lack of conformity, the Purchaser may request, alternatively and without charge, the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the the request is not objectively impossible to satisfy or is too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail to the Supplier, which will indicate its willingness to process the request, or the reasons that prevent it, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
11.7 . If the repair and the replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconveniences to the Buyer, he / she may request, at his / her choice, a reasonable reduction of the price or the termination of the contract. In this case, the Purchaser will have to send his request to the Supplier, who will indicate his willingness to give it to the same, or the reasons that prevent him from doing so, within 7 working days from receipt.
11.8. In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the reduction in the proposed price or the methods for returning the defective goods. In such cases, the Purchaser will indicate the methods for crediting the amounts previously paid to the Supplier.
12) Obligations of the Purchaser
12.1. The Purchaser undertakes to pay the price of the good purchased in the time and manner indicated in the contract.
12.2. Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep the present contract.
12.3. The information contained in this contract have, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is mandatory before the confirmation of purchase.
13) Right of withdrawal
13.1. 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 purchased item.
13.2. In the event that the professional has not fulfilled the obligations to provide information on the existence, method and timing of the return or withdrawal of the asset in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and runs from the day of receipt of the goods by the Consumer.
13.3. In the case the Buyer decides to use the right of withdrawal, must notify the Seller by registered A.R. addressed to Scarpe Diem srls, via Madonna del Prato 131 - 52100 Arezzo or by fax to the number 0575.942244 or by e-mail to firstname.lastname@example.org, provided that such communications are confirmed by the sending of registered letter A.R. addressed to Scarpe Diem srls, via Madonna del Prato 131 - 52100 Arezzo within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the issued receipt will be authentic between the Parties. For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that they are in the same terms. The date of delivery to the post office or the forwarder will be valid between the Parties.
13.4. The return of the goods must however take place at the latest within 30 (thirty) days from the date of receipt of the asset. In any case, 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.
13.6. The only expenses payable by the Consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to accept them.
13.7. The Supplier will provide for free reimbursement of the full amount paid by the Buyer within the period of 30 (thirty) days from receipt of the notice of withdrawal.
13.8. 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 reciprocal obligations, except as provided for in the previous points of this article.
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14) Causes of resolution
14.1. The obligations referred to in paragraph 12.1, 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 point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, they are of an essential nature, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the termination of the right of the contract pursuant to art. C. 1456, without the need for a judicial decision.
15) Protection of privacy and processing of Buyer data
15.1. 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 no. June 30, 2003, n. 1961.
15.2. Personal and fiscal personal data acquired directly and / or through third parties are collected and processed in paper form, computerized, telematic, in relation to the processing methods with the purpose of registering the order and activating the procedures for the order. execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, lett. b, legislative decree 196/2003) 2.
15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser with confidentiality 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 of the Judicial Authority or other authorities authorized by law.
15.4. 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.
15.5. The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree no. 196/2003, namely the right to obtain:
- a) the updating, rectification or, when interested, the 'integration of data;
- b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
- c) the attestation that the operations referred to in subparagraphs a) and b) were brought to the attention, including as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request can not be carried out.
15.7. 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, they will be removed safely.
15.8. Holder of the collection and processing of personal data is the Supplier, to which the Purchaser can direct any request to the company headquarters.
15.9. Anything sent to the Supplier's e-mail 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 in any case, the Supplier is not responsible for the content of the messages themselves.
16) How to archive the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is stored in digital / paper form on the server / at the Supplier's premises according to criteria of confidentiality and security.
17) Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: via Madonna del Prato 131 - 52100 Arezzo or faxed to 0575.942244 or sent by e-mail to the following address email@example.com. The Purchaser shall indicate on the registration form his residence or domicile, telephone number or e-mail address to which he wishes to receive communications from the Supplier.
18) Settlement of disputes
18.1. Any controversy regarding the validity, effectiveness, interpretation or execution of each Contract and, in general, relating to the Customer-Consumer browsing the Website or the use of any functionality made available to the Customer-Consumers themselves through the site, must be the object of a conciliation attempt that will take place through the European platform of "Online Dispute Resolution" (so-called ODR) available at http://ec.europa.eu/consumers/odr. Through the ODR platform the consumer can send a complaint concerning a contract concluded online with Scarpe Diem srls and activate the online dispute resolution procedure. The e-mail address of the trader to be included in the complaint is firstname.lastname@example.org.
18.2. All disputes arising from this contract will be referred to the Chamber of Commerce of Arezzo and resolved according to the Conciliation Rules adopted by the same.
18.3. If the Parties intend to refer to the ordinary judicial authority, the place of jurisdiction is that of the place of residence or of the elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, lett. u) of the legislative decree 206/2005.
19) Applicable law and reference
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided for here, the provisions of the law applicable to the relationships and circumstances envisaged in this contract, and in particular art. 5 of the 1980 Rome Convention.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.
20 ) Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject of this contract.
1 Requirements of the Data Protection Authority - art. 154, 1 c) of Legislative Decree no. 196/2003 - Simplification of certain obligations in the public and private sector with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, n. 152.
2 General Provision of the Guarantor for Personal Data Protection Practical Guide to Simplification Measures for Small and Medium-Sized Enterprises of 24 May 2007, published in the Official Gazette on 21 June 2007, n. 142.
3 "Unless a manager has been appointed by the company in the person of Mr. ".