The goods covered by these general conditions are offered for sale by Pure Stagioni srl, based in Florence , via Lorenzo il Magnifico 26, registered with the Florence Chamber of Commerce at no. R.E.A. 629607 of the Register of Companies, tax code and VAT number 06452680488 hereinafter referred to as "Supplier".
1.1. With the expression "online sales contract", means the purchase and sale contract relating to the tangible movable property of the Supplier, entered into between them and the Buyer as part of a distance selling system through telematic tools, organized by the Supplier.
1.2. The expression "Purchaser" means the consumer who is the natural person who makes the purchase, referred to in this contract, for purposes not referable to any commercial or professional activity that may be carried out.
1.3. The expression "Supplier" means the person indicated in the epigraph or the subject providing information services.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools movable tangible assets indicated and offered for sale on the website www.purestagioni.it
2.2. The products referred to in the previous point are illustrated in the web page: www.purestagioni.it
How to conclude the contract
3.1. The contract between the Supplier and the Buyer ends exclusively through the Internet through the Buyer's access to the address www.purestagioni.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The contract of purchase ends by the exact compilation of the request form and the consent to the purchase manifested through the adhesion sent online or by filling in the form / form attached to the online electronic catalog and subsequently sending the form / form itself , always after viewing a printable web page of the order, which contains the details of the originator and the order, the price of the goods purchased, shipping costs and any additional ancillary charges, methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or visualization of a web page for confirmation and summary of the order, printable, which also contains the data referred to in the previous point.
4.3. span > The contract is not considered concluded and effective between the parties in default of what indicated in the previous point.
Methods of payment and refund
5.1. Each payment on the part of the Purchaser, this can only be done through one of the methods indicated on the web page by the Supplier.
5.2. Any refund the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of exercising 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 itself.
5.3. All communications related to payments take place 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 accordance with the provisions of the current legislation on the protection of personal data.
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2
6.2. The processing times of the order can reach a maximum of 5 working days before being sent after receiving confirmation of the same. In the event that the Supplier is unable to ship within this period but, in any case, within the one indicated in the following point, a timely notice will be given by e-mail to the Buyer.
< strong> 6.3. The methods, times and shipping costs are clearly indicated and well highlighted at www.purestagioni.it
7.1. All sales prices of the products displayed and indicated on the website www.purestagioni.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2 . The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and also contained in the summary web page the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8.1. The Supplier ensures through the telematic system used to process and fulfill orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer immediately purchasable and what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not, and in the case of express payment with PAYPAL, whether to proceed to a possible partial or total refund of the goods .
8.3. The computer system of the Supplier confirms the registration of the order as soon as possible by sending the User a confirmation for e-mail, pursuant to point 4.2.
Limitation of liability
9.1. The Supplier does not assume no liability for disservices attributable due to force majeure in the event that it is unable to execute the order within the timeframe specified in the contract.
9.2. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside the control of its own or of its sub-suppliers.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser following the non-execution of the contract for reasons not attributable to him, having the Purchaser is only entitled to a full refund of the price paid and any accessory charges incurred.
9.4. Il Forn itore 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 the products purchased, if it proves that it has taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Purchaser be considered responsible for delays or misunderstandings in payment if he proves that he has made the payment in the times and ways indicated by the Supplier.
Liability for defect, proof of damage and compensable damages: the Supplier's obligations
< strong> 10.1. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged, within 3 months of the request, the identity and domicile of the producer or of the person who supplied him with 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 purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving 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 when the manufacturer put the product into circulation, still did not allow to consider the product to be defective.
10.4. No compensation will be due if the Damaged was aware of the defect of the product and of the danger deriving from it and nevertheless he voluntarily exposed himself to it.
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 can ask compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the Damaged.
11.1. The Supplier, exclusively for goods covered by the guarantee, are liable for any lack of conformity that occurs within 2 months of delivery of the goods;
11.2. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the Consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, particularly in advertising or on labeling; d) are others that are suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has accepted also for conclusive facts.
< strong> 11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 14 days from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4 . In any case, unless proven otherwise, it is assumed that the defects of conformity that occur within 2 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous 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 from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
11.7. If repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the deadline of referred to in the previous point or, lastly, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, the Purchaser will be responsible for indicating the methods for re-crediting the amounts previously paid to the Supplier.
Obligations of the Purchaser
12.1. The Purchaser undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
12.2. The Buyer undertakes, once concluded the online purchase procedure, to print and keep this contract.
12.3. The information contained in this contract is however, you have already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before user registration.
Right of withdrawal
13.1. The Purchaser has in any case, the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 10 (ten) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the professional has not met the information obligations on the existence, methods and times of returning or collecting the goods 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 90 (ninety) days and runs from the day of receipt of the goods by the Consumer.
13.3. < / strong> In the event that the Buyer decides to exercise the right of withdrawal, he must notify the Seller by certified email to the email firstname.lastname@example.org
between the Parties the date of receipt of the PEC. For the purpose of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided in the same terms. The date of delivery to the post office or the shipper will prevail between the Parties.
13.4. The return of the goods must however take place at the latest late within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of goods made to measure or clearly personalized or which, by their nature, cannot be sent back or risk deteriorating or altering rapidly and in any other case. provided by art. 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, and the costs of shipping the goods. If the Consumer has taken advantage of free shipping costs for exceeding purchase thresholds, and intends to return all the products of the order, the courier costs incurred by the Supplier for delivery will also be deducted from the refunded amount.
13.7. The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days from the receipt of the notice of withdrawal made except deductions foreseen for the transport costs point 13.6 and any commissions paid to the credit circuits.
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 their mutual obligations, without prejudice to the provisions of the previous points of this article.
< strong> Art. 14
Causes of termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and others yes the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential , so that, by express agreement, the failure of only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will entail the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial judgment.
Protection of confidentiality and treatment of the Buyer's data
Communications and complaints
17.1. Direct written communications to the Supplier and any complaints will be considered valid only if sent to the business address, or sent via PEC to the address mail email@example.com The Purchaser indicates his residence in the registration form or home address, telephone number or e-mail address to which you wish the Supplier's communications to be sent.
Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Florence and resolved according to the Conciliation Rules adopted by the same.
18.2. If the Parties intend to apply to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and postponement
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided herein, the legal provisions applicable to the relationships and cases envisaged in the this contract, and in particular art. 5 of the 1980 Rome Convention.
19.3 . Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject of this contract.