The goods covered by these general conditions are offered for sale by SEN Srls - Via delle gardenie 13 - 84047 Capaccio (sa) - VAT number 05450040653, hereinafter referred to as the "Supplier".
1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between the latter and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier .
1.2. The expression "Buyer" means the consumer who is a natural person or Company / Firm making the purchase under this contract.
1.3. The term "Supplier" means the person indicated in the epigraph or the person providing the information services.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible assets indicated and offered for sale on the website https://www.biancamore.it via telematic tools.
2.2. The products referred to in the previous point are illustrated on the web page: www.biancamore.it.
How to stipulate the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.biancamore.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at www.biancamore. it and the subsequent sending of the form / module itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased good, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, 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 displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Methods of payment and refund
5.1. Any payment by the Purchaser can only be made by means of one of the methods indicated in the appropriate web page by the Supplier.
5.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 11, point 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a specific 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 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 order confirmation e-mail.
6.2. Shipping times may vary from the day of the order to a maximum of 5 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this period but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and well highlighted at https://www.biancamore.it/spedizioni.
7.1. All sales prices of the products displayed and indicated on the website www.biancamore.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, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Buyer and other content on the web page summarizing 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.
Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will notify the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The Supplier's computer system confirms the successful registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
Limitation of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
Obligations of the Buyer
10.1. The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
10.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
10.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Right of withdrawal
11.1. In any case, the Purchaser has 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 goods.
11.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times for returning or withdrawing the asset in the event of exercising 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.
11.3. If the Purchaser decides to exercise the right of withdrawal, he must notify the Seller by e-mail to firstname.lastname@example.org or to the certified email address email@example.com or by registered letter with return receipt. to the Supplier's address, provided that such communications are confirmed by sending a registered letter with return receipt to the Supplier's address within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or forwarder will be valid between the Parties.
11.4. The return of the goods must in any case take place at the latest 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.
11.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly lost or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional to check and in any other case provided for by art. 55 of the Consumer Code.
11.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the costs of returning the goods to the Supplier and resending by the Supplier in the event of a non-defective item.
11.7. The Supplier will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal, and in any case not before having received and checked the integrity of the returned goods.
11.8. 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.
Protection of confidentiality and processing of the Buyer's data
12.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
12.2. The personal and fiscal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods for the purpose of registering the order and activating its compare the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b, legislative decree 196/2003).
12.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
12.4. Personal data will be disclosed, after signing a commitment to confidentiality of the data, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
12.5. The Purchaser enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those which need not be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent 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.
12.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
12.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
12.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters.
12.9. Anything sent to the e-mail address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Center cannot be attributed any responsibility for the content of the messays themselves.
Method of archiving the contract
12.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself according to criteria of confidentiality and security.
Communications and complaints
14.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following PEC address firstname.lastname@example.org. The Buyer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier's communications to be sent.
Settlement of disputes
15.1. All disputes arising from this contract will be referred to the Naples Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
15.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and reference
16.1. This contract is regulated by the Italian law.
16.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
16.3. 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 intervened between the Parties and concerning the subject of this contract.
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