Terms and Conditions
Supplier: Michele Bavassano – Via Giuseppe Verdi, 86 – 05014 Castel Viscardo (TR) – VAT number 01588190551
Customer: the subject identified by the data entered upon registration and acceptance of these general conditions, or the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (hereinafter referred to as the Customer).
OBJECT OF THE SERVICE
Through the e-commerce service, the Supplier makes a virtual shop available to the Customer from which it is possible to purchase photographic prints and other products sold by the Supplier. The Customer will be able to view the electronic catalog and the Supplier's offers and make purchases from the Supplier on the basis of these conditions of sale.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
All contracts will be concluded directly by accessing the Internet site corresponding to the address by michelebavassano.com , where the Customer can conclude the contract for the purchase of the desired product, carefully following the instructions and procedures provided. These general conditions of sale govern purchases made in compliance with the provisions of the Consumer Code, Legislative Decree 206/2005, amended by Legislative Decree n.21/2014 and by Legislative Decree 70/2003 regarding electronic commerce with the clarification that the rules established by the Consumer Code are applicable only in the event that the Customer qualifies as a Consumer, as defined by Art. 3 of the Consumer Code.
These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined "online" by the Customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of them and their full acceptance. The general conditions of sale can be updated or modified at any time by michelebavassano.com which will communicate it through the pages of the website. The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with bymichelebavassano.com , the general conditions of sale, including the payment conditions illustrated below, declaring having read and accepted all the information provided.
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
By submitting the order, the Customer confirms that he knows and accepts these General Terms and Conditions of Sale.
The sales contract will be considered concluded when the Supplier sends the customer an order confirmation e-mail containing the customer's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, subject to successful payment.
The Customer undertakes to verify the correctness of the personal data contained in the above email, and to promptly communicate any corrections/modifications to be made.
PRICES AND WARRANTY
All sales prices of the products marketed are displayed and indicated on the website by michelebavassano.com , they constitute an offer to the public pursuant to art. 1336 of the civil code. Unless otherwise indicated in writing, all prices indicated are to be understood as "VAT included" and expressed in Euros. Possible shipping costs depend on the value of the order and the country to which it is to be delivered. The exact terms can be found in the shipping cost information during the order process and on the information page "Shipping and Returns" in the online shop.
Any customs duties or local taxes are charged to the customer.
The validity of the prices indicated is always and only that indicated by the procedure at the very moment of forwarding the order to the Supplier. The Supplier is not responsible for taxes imposed by other countries.
The Customer has the right to choose between different payment methods, specifically indicated at the time of completing the online purchase or on the "Payments" information page.
Payment is made with the payment method selected in the ordering process. If you engage third-party payment processors, such as PayPal, their general terms and conditions apply.
In any case, for information on orders and payments, you can contact the Supplier on the "Contact Us" page or by email email@example.com.
Each order is identified by an order number and contains the indication of the date of transmission to the system, the details of the items purchased.
PRICES, METHODS, DELIVERY TIMES AND RESTRICTIONS
The Supplier carries out shipments by Post or Courier or other indicated carrier. Shipping costs and other charges possibly connected to the transport and/or shipment of the products are calculated and detailed in the order confirmation and in the purchase invoice. Upon receipt of the goods at home, the Customer must verify the integrity of the package, as well as the quantitative and qualitative correspondence with what is indicated in the accompanying document.
No responsibility can be attributed to bymichelebavassa.com for delayed or non-delivery due to force majeure or unforeseeable circumstances.
The exact terms can be found in the shipping cost information during the order process and on the information page "Shipping and Returns" in the online shop.
The Customer undertakes and undertakes, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, however, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 205/06.
The Customer is strictly prohibited from entering false, and/or invented, and/or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively one's real personal data and not of third parties, or of fantasy.
It is expressly forbidden to enter third-party data. The Supplier reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers. The Customer indemnifies the Supplier from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being himself solely responsible for the correct insertion. The Supplier reserves the right to request adequate indemnity/reimbursement/compensation in the event of damages and/or other negative consequences deriving from the conduct described above.
CONSUMER'S RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer who purchases as a Consumer, and by this meaning the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, can exercise the right of withdrawal and return the product received, without any penalty and without specifying the reason, within the term of 14 working days starting from the day of receipt of the purchased product, by sending, within the aforementioned term, a written communication of withdrawal in the following ways:
- registered letter with acknowledgment of receipt to the following address: Via Giuseppe Verdi, 86 05014 Castel Viscardo (TR).
In the event of a future change of registered office, to be sent to the new address indicated on the site. If the Customer has exercised the right of withdrawal in the manner referred to in the previous point, he must return the product no later than the fifteenth day following receipt, by direct delivery and shipment by forwarding the product to Michele Bavassano in the office indicated above.
All costs for returning the products are the responsibility of the customer. The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal, therefore it will not be possible to return goods if the item is not in the same condition in which it was originally sent.
The shipment, until receipt of the goods at the headquarters, is under the complete responsibility of the Customer, also for the possibility of loss of the same.
In the event that all the conditions and obligations of the consumer set out in the previous points have been respected, the Supplier will send an e-mail confirming acceptance of the return.
Furthermore, the Supplier will refund the sale price according to the same payment method chosen by the Customer at the time of purchase, net of the shipping costs incurred.
The effective time for the reimbursement of the sums paid by the Customer for the purchase of the returned products depends on the payment methods used.
COMPLAINTS, SHIPPING DELAYS, REPLACEMENT OF PRODUCTS DELIVERED BY ERROR
The Customer has the right to communicate any problems (delivery errors, misunderstandings or delivery delays) by registered mail with acknowledgment of receipt or e-mail within and no later than two days of receipt.
If a product other than the one object of the order and purchase has been delivered due to a mere material error, the Customer has the right to obtain the replacement of the product, provided that the same represents the problem in writing within and no later than the term of two days starting from the receipt of the product itself. In this case, the Supplier will replace the product once the delivered goods have been received and the condition of the goods has been verified, thus proceeding with the re-submission of the correct product. All items must be returned and reach the bymichelebavassano.com headquarters intact and in the same state in which they were received, provided with the original packaging. In this hypothesis, the shipping costs of the return and re-forwarding will be charged to the Supplier.
CANCELLATION OR MODIFICATION OF ORDERS
The purchase order cannot be changed. It may be canceled in its entirety if, at the time of the request, the shipment is still being prepared and, in any case, if the amount has not yet been collected.
PRODUCT CONFORMITY GUARANTEE
The Customer who purchases as a Consumer can avail himself of the guarantee of conformity of the products. In the event of receipt of defective products or, in any case, products that do not comply with the invoiced orders, the Customer may request their replacement on condition that the defect found is reported within and no later than two days from receipt of the goods. The shipping costs for returning the defective product will be fully borne by the Supplier. The Customer undertakes to report the problem via e-mail to firstname.lastname@example.org specifying the type of defect and attaching a photo certifying the problem.
Once the defect has been ascertained, the Supplier will send the new product back to the customer without defects and without further costs.
Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
In any case, therefore even if the Customer does not qualify as a consumer, in the event that the external packaging reaches its destination damaged (fold, scratch, dent, wet packaging, etc ...) the Customer can proceed in the following ways:
- a) Refuse the delivery and promptly send a report to the address email@example.com inserting the order number in the subject.
- b) Collect the package by signing subject to specific control for these cases: specific reserve for folded packaging, damaged packaging, dented packaging, scratched packaging, wet packaging, damaged goods, drafty goods, scratched goods, etc…
GUARANTEES GIVEN BY THE CUSTOMER
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any prejudicial consequence, that their data, provided upon acceptance of these general conditions, are truthful and allow the true identity of the Customer to be identified. The Customer also undertakes to immediately inform the Supplier in writing, also by e-mail, of any variation of the data provided. The Customer is also informed of the need to communicate a valid e-mail address to the Supplier in order to allow the Supplier to forward order confirmations and any communication.
EXPRESS TERMINATION CLAUSE
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes, are of an essential nature, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the Supplier's right to take legal action for compensation for further damage.
LIMITATIONS OF LIABILITY
The Supplier declines all responsibility for malfunctions, service interruptions, performance degradation, whether or not due to force majeure or unforeseeable circumstances, when they are not directly attributable to the Supplier due to its willful misconduct or gross negligence. The Supplier assumes no responsibility for disservices attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevented, in whole or in part, the execute within the timescales agreed in the contract. The Supplier will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the Customer having the right only to a refund of the price paid.
The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, when paying for the products purchased. At no time during the purchase procedure is the Supplier able to know the Customer's credit card data, who will send them directly to the payment service manager without intermediaries and to whom he will be connected automatically, re-entering the Supplier's site at the end of the procedure.
VALIDITY OF THE COMMUNICATIONS
The Customer accepts that the notification and communications concerning all online services (including those relating to purchase orders) are made by the Supplier in electronic format e-mail (e-mail) and via Web service, recognizes their full validity and hereby expressly renounces to disavow the content of the declarations sent and/or received in electronic format. The Customer will not hold the Supplier responsible if, for reasons not attributable to the Supplier, the e-mail is not received in the Customer's mailbox.
The Data Controller of personal data is the Supplier.
The Supplier manages personal data in compliance with the discipline dictated by EU Regulation 679/2016.
JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" via the bymichelebavassano.com website is subject to Italian jurisdiction. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequent to them must be resolved exclusively by the Italian jurisdictional authority, as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
INTELLECTUAL PROPERTY RIGHTS
The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Supplier and/or the its assignees, without the Customer deriving any right over the same from access to the Site and/or from the purchase of the Products.
The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior consent of the Supplier.