The purchaser expressly declares that he or she is making the purchase for purposes other than his or her commercial or professional activity.
Identification of the Supplier
The goods subject to these general conditions are sold by Ottaviano Srl, whose office is located in 37121 – Verona – Italy, via Stella n. 12/D, registered with the Verona Chamber of Commerce, with VAT n. 02992000238, hereinafter indicated as the “Supplier” or “Seller”.
Article 1 Definitions
1.1. The expression “on line sales contract” is understood as a contract for the sale and purchase of the Supplier’s movable property, stipulated between the Supplier and the Purchaser within the ambit of a remote sales system, managed through telecom-data transmission instruments, organised by the Supplier.
1.2. The expression “Purchaser” is understood as the consumer who makes the purchase this contract refers to; a physical person who is making the purchase for purposes other than his or her commercial or professional activity.
1.3. The expression “Supplier” is understood as the party indicated herein, namely the party providing the information services.
1.4. The expressions “antique object” or “period object” are understood to refer to a used object, which has not been newly produced in a factory and may have undergone intervention to make repairs, clean or renovate the goods; such goods are subject to the regulations set forth in Article 134, para. 2 of Legislative Decree n. 206, dated 6 September 2005, the so-called “Consumer Act”.
Article 2 Subject of the Contract
2.1. Under this contract, the Supplier sells and the Purchaser buys the movable property indicated and offered for sale on the website www.ottavianostore.comusing remote telecom-data transmission instruments..
2.2. The products relative to the point above are illustrated on the website: www.ottavianostore.com.
Article 3 Manner of Stipulation of the Contract
3.1. The contract between the Supplier and Purchaser is stipulated exclusively through the Internet, when the Purchaser accesses the website www.ottavianostore.com, where he or she is guided in formalising a proposal for the purchase of the goods indicated in point 2.1 above, by following the procedures and instructions indicated.
Article 4 Conclusion and Effectiveness of the Contract
4.1. The purchase contract is concluded by correctly filling out the request form and consent for the purchase is indicated through the acceptance sent on line or upon compilation of the form attached to the on line electronic catalogue at the website www.ottavianostore.com, and successive dispatch of the form, again following visualisation of a web page that specifies the order, which can be printed, showing the data relative to the ordering party and the order, the price of the goods purchased, the shipping expenses and any other accessory charges, the manner and terms of payment, the address where the goods will be delivered, the delivery term and indicating the Purchaser’s right to withdrawal.
4.2. When the Supplier receives the order from the Purchaser, he or she accordingly sends an e-mail to confirm the sale; otherwise the sale is confirmed upon visualisation by the Purchaser of a web page that confirms and summarises the order, showing the data mentioned in the previous point, which can be printed.
4.3. The contract will not be considered as having been perfected and as effective and binding between the parties if the events indicated above do not take place.
Article 5 Manner of Payment and Reimbursement
5.1. All payments by Purchasers must take place exclusively through the electronic systems of payment of the Visa, Mastercard and American Express circuits or through bank transfer.
5.2. The payment must take place in advance of shipment of the goods or delivery to the purchaser.
5.3. Payments must take place within 4 working days of the date the order is made on the website www.ottavianostore.com. In the event of failure to make payment within this term, the contract is understood to have been expressly rescinded, save the Supplier’s right to take action against the Purchaser to obtain compensation for damages.
5.4. The Supplier will not accept means of payment other than the ones indicated in point 5.1 above.
5.5. Any reimbursement to the Purchaser will be accredited with one of the procedures proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event the right of withdrawal has been exercised, in the manner regulated by Article 13, point 2 and following of this contract, within a maximum of 30 days from the date on which the Supplier came to the knowledge of the withdrawal.
5.6. All communications relative to payments take place on a special secure line of the Supplier’s, which is protected by a coded system. The Supplier guarantees memorisation of this information with an additional level of security coding and in accordance with the provisions of the law on the protection of personal data.
Art. 6 Article 6 Terms and Manner of Delivery
6.1. The Supplier will provide for shipment of the products selected and ordered in the manner indicated on the website at the time the goods are offered, as confirmed through the procedure foreseen in point 4.2.
6.2. The terms of shipment may vary from the 2nd day following the order to a maximum of 7 working days following confirmation of the order. In the event the Supplier is not able to make the shipment within said term, but in any case within the term indicated in the following point, the customer will be advised accordingly and in a timely manner by e-mail.
6.3. The procedure, terms and costs of shipment are clearly indicated and stressed on the website www.ottavianostore.com
6.4 The product will be delivered exclusively to the address indicated at the time the order is made.
6.5 All costs for shipping, packaging and delivery will be defrayed by the Purchaser.
6.6. Once the goods have been delivered to the shipper chosen by the Purchaser, they travel at the exclusive risk of the addressee; the Supplier, in any case, cannot be held responsible for possible delays and disservices in the delivery, or for possible damage to the object for reasons imputable to the shipper-carrier.
Article 7 Prices
7.1. All sales prices of the products displayed and indicated on the website www-ottavianostore.com are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. The sales prices indicated in the previous point include VAT and all other taxes and duties.
7.3. The cost of shipment and possible accessory charges (i.e. customs duty), if present, albeit not included in the price of purchase, must be indicated and calculated by the Purchaser during purchasing procedure, prior to sending in the order; this information is also indicated on the web page recapitulating the order. Such charges are in any case understood as accessory charges with respect to the cost indicated in the advertisement on the website www.ottavianostore.com and are for the account of the Purchaser.
7.4. The prices indicated alongside each product offered to the public are valid for the entire period of time they are indicated in the catalogue.
Article 8 Availability of Products
8.1. The Supplier ensures the processing and filling of orders without delays through the telecom-data transmission system employed. To this end, the Supplier indicates whether the products are available or not and the shipping time necessary, in real time, in his electronic catalogue.
8.2. The Supplier’s IT system confirms registration of the order in the shortest time possible, sending the Purchaser an e-mail confirmation, in accordance with point 4.2 above.
Article 9 Limitations of Responsibility
9.1. The Supplier accepts no responsibility for disservices imputable to force majeure, in the event he is prohibited from filling orders within the timeframe foreseen in the contract.
9.2. The Supplier accepts no responsibility for possible delays in delivery or damage to the object perpetrated at a time successive to consignment of the goods to the shipper-carrier.
9.3. The Supplier cannot be held responsible towards the Purchaser, except in the case of malice or serious negligence, for disservices or malfunction connected with use of the Internet, which is beyond his own or his sub-suppliers’ control.
9.4. Additionally, the Supplier will not be held responsible in connection with damages, loss and costs sustained by the Purchaser following failure to perform the contract for causes that cannot be imputed to him, since the Purchaser only has a right to full restitution of the price paid and of any accessory charges sustained.
9.5. The Supplier will accept no responsibility for fraudulent and illicit use of credit cards perpetrated by third parties, fraudulent and illicit use of cheques and other means of payment for the products purchased, providing he can demonstrate that he has taken every possible precaution, on the basis of the best knowledge and experience available at the time and on the basis of ordinary diligence.
9.6. Under no circumstances may the Purchaser be held responsible for delays or errors in payment, providing he or she can demonstrate that he or she performed the payment within the terms and manner indicated by the Supplier.
Article 10 Guarantees and Assistance Procedures
10.1 The Supplier expressly guarantees the conformity of the products sold on the website www.ottavianostore.com with the producer’s technical specifications, for a period of two years, as well as the proper mechanical operation of the products, and will also supply a certificate of authenticity for each product.
10.2. For the intents and purposes of this contract, it is assumed that the consumer goods are in conformity with the contract, providing, where applicable, that the following circumstances exist: a) the products are suitable for the purpose that goods of the same type are normally used for; b) they are in conformity with the description made by the Seller and possess the qualities that the Seller presented to the Consumer with a sample or model; c) they possess the qualities and typical performance of goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, if necessary, public declarations relative to the specific characteristics of the goods, made by the Seller, the producer or by his agent or representative, especially in the relative publicity or on the label; d) the goods are also suitable for the particular use desired by the Consumer, which he or she has brought to the knowledge of the Seller at the time of conclusion of the contract and which the Seller has accepted, even due to conclusive facts.
10.3 Expenses for rendering goods to the Supplier, in any case, are for the account of the Purchaser. Costs for shipment of the goods back to the Purchaser, following repair or replacement, are for the account of the Supplier.
Article 11 The Purchaser’s Obligations
11.1. The Purchaser hereby makes a commitment to pay the price of the goods purchased, within the terms and in the manner indicated in the contract.
11.2. Upon conclusion of the on line purchasing procedure, the Purchaser hereby makes a commitment to provide for printing and conservation of this contract.
11.3. The information contained in this contract, moreover, has been viewed and accepted by the Purchaser, who acknowledges this, inasmuch as this passage has been made obligatory prior to confirmation of the purchase.
Article 12 Right of Withdrawal
12.1. In any case, the Purchaser has the right to withdraw from the contract stipulated, with no penalty and without specifying a reason, within the term of 10 (ten) working days, starting from the date of receipt of the goods purchased.
12.2. f the Supplier has failed to satisfy his obligations of information on the existence, procedure and terms for the rendering of the goods or withdrawal, in the event the Purchaser exercises the right of withdrawal indicated in Article 52 of the Consumer Act, the term within which to exercise the right of withdrawal will be 90 (ninety) days, starting from the date of receipt of the goods by the Consumer.
12.3. If the Purchaser decides to avail himself or herself of the right of withdrawal, he or she must advise the Seller accordingly with a registered letter with return receipt, addressed to Ottaviano Srl, via Stella 12/D, 37121 – Verona – Italy, by telefax 045 8046446 or sent by e-mail to the following email firstname.lastname@example.org, providing such communications are confirmed by registered letter with a return receipt, sent to: via Stella 12/D, 37121 – Verona – Italy, within the following 48 (forty-eight) hours. The Parties will accept the postmark on the return receipt issued as the effective date. For the purpose of exercising the right of withdrawal, the communication may be validly replaced by return of the goods purchased, providing this is done within the same terms. In this case, the Parties will accept the date of delivery to the post office or shipper as the effective date.
12.4. Rendering of goods, in any case, must take place no later than 30 (thirty) days after the date of receipt. In any case, in order to avail himself or herself of the right to full reimbursement of the price paid, the Purchaser must return the goods complete in all their parts and in good condition.
12.5. The Purchaser may not exercise the right of withdrawal for purchase contracts for products made to order or clearly customised, or which, due to their nature, cannot be shipped back or which would be at risk of rapid deterioration or alteration, as well as goods whose price is related to fluctuations in rates on the financial market, which the Supplier is not capable of controlling, and in all other cases envisioned by Article 55 of the Consumer Act.
12.6. The only expenses owed to the Consumer in the event he or she exercises the right of withdrawal in accordance with this article are the direct expenses for return of the goods to the Supplier, unless the Supplier refuses to defray them.
12.7. The Supplier will provide for reimbursement of the entire amount deposited by the Purchaser within the term of 30 (thirty days) from receipt of the notice of withdrawal.
12.8. Upon receipt of the notice with which the Purchaser communicates his or her intention to exercise the right of withdrawal, the Parties to this contract are freed from their reciprocal obligations, with the exception of the provisions of the previous points of this article.
Article 13 Causes for Rescission
13.1. The obligations set forth in point 12.1, accepted by the Purchaser, and the guarantee of completion of the payment made by the Purchaser with the means indicated in point 5.1, as well as the precise fulfilment of the obligations accepted by the Supplier in point 6, are of an essential nature; therefore, by express agreement, breach of even one of the aforementioned obligations, unless it is determined by fortuitous circumstances or force majeure, will provoke rescission of the contract by law, in accordance with Article 1456 of the Italian Civil Code, with no need for a judicial pronouncement.
Article 14 Protection of Confidentiality and Treatment of the Purchaser’s Data
14.1. The Supplier protects the privacy of his customers and guarantees that their data is treated in conformity with the provisions of the Privacy Act (Legislative Decree n. 196, dated 30 June 2003).
14.2. In relation to the procedures of treatment, the personal and fiscal data acquired directly and/or through third parties by the Supplier Ottaviano Srl, owner of the treatment, are collected and treated in hard copy, digital and telecom-data transmission form, for the purpose of registering the order and implementing the procedures for the performance of this contract and the relative communications necessary, as well as the fulfilment of any legal obligations, and to permit effective management of the commercial relationship, to the extent necessary to provide the service requested, in the best possible manner (Article 24, para. 1 b), Legislative Decree n. 196/2003).
14.3. The Supplier is required to treat the data and information transmitted by the Purchaser in a confidential manner and neither to reveal such information to unauthorised persons, to use it for purposes other than those for which it was gathered, nor to transmit it to third parties. This data may be exhibited only upon request by judicial authorities or other authorities authorised by law.
14.4. The personal data of the Purchaser will be communicated, following signature of a promise of confidentiality of the data, only to parties delegated for performance of the processing necessary to fulfil the contract stipulated and will be communicated exclusively within the ambit of these purposes.
14.5. The Purchaser has the rights indicated in Article 7 of Legislative Decree n. 196/2003, namely, the right to obtain: a) the updating, correction or, if interested, integration of the information; b) cancellation, transformation in anonymous form or blockage of data processed in violation of the law, including data that it is not necessary to conserve in relation to the purposes for which the information was collected or successively processed; c) certification that the persons to whom the information was communicated or disseminated have been advised of the operations relative to a) and b) above, unless fulfilment of this clause is proven to be impossible or would involve the employment of manifestly disproportionate means with respect to the right being protected. The interested party has the right to oppose, entirely or in part: i) for legitimate reasons, treatment of his or her personal information, even if pertinent to the purpose of collection; ii) treatment of his or her personal information for the purpose of sending advertising or direct sales material or for the purpose of conducting market research or commercial communications.
14.6. The Purchaser’s communication of his or her personal data is a necessary condition for the correct and timely performance of this contract. Failure to provide the information will prevent the Purchaser’s request from being processed.
14.7. In any case, the data acquired will be conserved only for a sufficient period of time to perform the purposes for which they were collected or successively treated. Removal of the data will take place in a secure manner, in any case.
14.8. The owner of the collection and treatment of the personal data is the Supplier, to whom the Purchaser may apply, at the company’s registered address, for any request.
14.9. Any requests received at the address (or e-mail address) of the Centre (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature; nevertheless, it must not violate others’ rights and must contain valid information, which does not damage others’ rights and which is true. In any case, the Centre cannot be held responsible in any way for the contents of the messages.
Article 15 Filing of Contracts
15.1. In accordance with Article 12 of Legislative Decree n. 70/2003, the Supplier hereby informs the Purchaser that all orders sent will be conserved in hard copy and digital form, in the server archives and in the files at the registered office of the Supplier, according to criteria of confidentiality and security.
Article 16 Communications and Claims
16.1. Written communications addressed to the Supplier and any claims will be considered valid only if they are sent to the following address: Ottaviano Srl, via Stella 12/D, 37121 – Verona – Italy, transmitted by telefax to the telephone 045 8046446 or sent by e-mail to the following email email@example.com. The Purchaser will indicate his residence or domicile, telephone number or e-mail address, where he or she desires to receive the Supplier’s communications.
Article 17 Settlement of Controversies
17.1. All controversies arising from this contract will be referred to the Chamber of Commerce of Verona and will be settled according to the Regulations of Reconciliation adopted by the institution.
Article 18 Applicable Law and Referral
18.1. The present contract will be regulated by Italian Law.
18.2. For all matters not expressly dealt with in the articles of this contract, reference will be made to the norms of the laws applicable to the relations and type of activity foreseen in this contract, especially Article 5 of the Convention of Rome of 1980.
18.3. In accordance with Article 60 of Legislative Decree n. 206/2005, the regulations contained in Part III, Chapter III, Title I of Legislative Decree 206/2005 are expressly referred to. 206/2005.
The undersigned hereby declares that he/she has read these contractual conditions in their entirety.