GENERAL SALE CONDITIONS
Here you can find information about the General Sale Conditions related to www.brignoliarmi.com.
Please read it carefully before you purchase an item. The web_engsite is created and updated by Armeria Brignoli Silvio & C. Snc with seat in Gardone V.T. (BS), via Alfieri n. 6. Offer and sale on our web_engsite are subject to current General Sale Conditions, and – for issues that are not explicitly considered – to Art. 1470 and the followings of the Civil Code, and to the Legislative Decree 06.09.2005, no. 206 (“Consumer Code”), we explicitly refer to, within compatibility limits, the whole Part III, Title III, Section II (Articles 50 to 61), concerning Distance Contracts. Please feel free to contact Armeria Brignoli Silvio & C. sending an e-mail to firstname.lastname@example.org for any information, clarification or complaint.
1.1. "Website" refers to the www.brignoliarmi.com web_engsite.
1.2. "Customer" is the person (individual or legal entity) who purchase an item on the web_engsite, accepting the General Sale Conditions.
1.3. "Armeria Brignoli Silvio" is Armeria Brignoli Silvio & C. Snc, with seat in Gardone V.T. (BS), via Alfieri n. 6, a company registered at the Enterprises Register of Brescia, n. BS-2000-11446 – National Insurance Number and VAT Number 020970809865.
1.4. "Order" or "Order Form" is the form to be used in order to request items, filled in by the customer on the web_engsite.
1.5. "Products" are the item sto be purchased on the web_engsite according to the General Sale Conditions.
1.6. "Price" is the amount due in order to purchase the items.
1.7. "Contract" is the Distance Contract related to the sale of the items, according to the General Sale Conditions.
1.8. "Parties" are Armeria Brignoli Silvio & C. and the Customer.
2. COMMERCIAL POLICY
2.1 Items offered on our web_engsite are sold and guaranteed directly by Armeria Brignoli Silvio & C..
2.2 Armeria Brignoli Silvio & C. has developed its own on-line business activity directed to customers consumers, i.e. people making use of the contract regardless of their potential capacity as commercial entrepreneurs.
2.3 Concerning persons that can be qualified as professionals, publishing products on the web_engsite does not represent a contract proposal. Armeria Brignoli Silvio & C. holds back from processing Orders from persons who cannot be identified as “consumers” according to current rules and regulations, and especially according to the Legislative Decree no. 206/2005.
2.4 The above mentioned orders in derogation of Article 3, Point 4, will count as mere suggestions Armeria Brignoli Silvio & C. can unchallengeably accept or refuse, and to the related contracts current sale conditions won’t be applied, since they are reserved exclusively to the consumers’protection.
3. PURCHASE CONDITIONS
3.1 Items are to be sold by Armeria Brignoli Silvio & C. according to terms and conditions foreseen in the General Sale Conditions published on the web_engsite when the order occurs.
3.2 In order to finalize a purchase contract concerning one or more items on our web_engsite, it is necessary to fill in the order form on-line and send it following the related instructions.
3.3 Through the order transmission the customer gives confirmation that he/she knows and accepts all sale conditions and further information to be found in the web_engsite, also to be recalled through links, and also related to the legal notes. The contract is finalized after Armeria Brignoli Silvio & C. has received the order form, duly filled in by the customer, and it has verified that all information is inserted correctly.
3.4 The Order implies that all conditions are accepted according to Article 1326 of the Civil Code.
3.5 After the Contract is finalized, Armeria Brignoli Silvio & C. will send per E-mail to the address given by the customer the order receipt containing a sum-up of all information in the order form and will request to verify whether information given is correct or there are mistakes due to the inserting of data. Such a receipt counts as note according to Article 52, Legislative Decree no 205/2006.
3.6 Prices and Products are subject to variations, effective from the date of publication on the web_engsite.
3.7 In case the products advertised on the web_engsite are no longer available or on sale at the time when the order is sent, Armeria Brignoli Silvio & C. will promptly inform the Customer about the unavailability of the Products and will eventually reimburse the amount of money if already paid.
4. DELIVERY TIME AND CONDITIONS
4.1 Delivery expenses, as long as VAT and further taxes on transport when due, are on the Customer and are clearly indicated at Order stage. The Customer is not going to pay anything more than the total amount resulting at the end of the purchase procedure, except for possible taxes for customs clearance that remains exclusively on the Customer.
4.2 The delivery of the items to the delivery address indicated by the Customer in the Order is carried out by means of a private courier or Poste Italiane.
4.3 Shipments can be DDP or DDU depending on the nationality of the Customer. DDP shipment (Delivery Duty Paid) is foreseen for the countries within the European Union, indicated in the Annex B; in this case the VAT is already calculated and included in the purchase price. DDU shipment (Delivery Duty Unpaid) is foreseen for the countries outside the European Union. In this case, the VAT is not applied, but all local, import and customs clearances taxes are to be exclusively charged to the recipient.
4.4 Delivery time of the products is between 2 and 4 days, from the date of payment, when this is anticipated, or from the date of receipt of the order, when cash on delivery is foreseen. Time of delivery is not binding for Armeria Brignoli Silvio & C., that is anyhow obliged to carry out the Contract within 30 days from the terms above indicated. Shipment time is to be calculated counting working days. Shipment do not take place during holidays.
4.5 In case one or more Products are not available after the order has been sent, Armeria Brignoli Silvio & C. can go ahead and send the other Products that are still available and were ordered by the Customer. The partial delivery is to be considered valid and cannot be refused by the Customer. Moreover, it does not give the Customer the right to claim for compensations or damages, except for the repayment of the Price paid for the non-available Products, according to the above mentioned Article 3, Point 7.
4.6 Armeria Brignoli Silvio & C. is exempt from the delivery duty of the Products by transferring the liability to the transport vector according to Article 1510, Par. 2° of the Civil Code. By transferring the liability for the Products to the vector, the property of the Products and the risks of perishment are transferred to the Customer, according to Art. 1378 of the Civil Code.
5. COSTUMERS’ DUTIES
5.1 In order to purchase Products, the Customer first have to register on the web_engsite, providing all data compulsory to dispatch the Order, and for the shipment and the delivery of the Products. The registration is free and does not hold to purchase. The Customer commits himself / herself to provide true, complete and correct data as for personal data, address and telephone number and any other relevant information needed to dispatch the Order.
5.2 The Customer will pay the amount due for the purchased Products and will keep a copy of the Order receipt sent by www.satu.it to his / her E-mail address as indicated during the registration to the web_engsite.
6. PRICES AND PAYMENT
6.1 Prices are in euro.
6.2 The total amount resulting at the end of the Order procedure comprises all possible shipment expenses better indicated in Annex A, as well as the VAT and possible other taxes applied to transferences, when due.
6.3 The Customer can choose among the following modalities of payment: credit card, credit transfer, cash on delivery.
6.4 The payment must be carried out when entering the Order, except for the COD option.
6.5 In case of payment through credit card, all related financial information will be forwarded by means of cryptographic protocol to the banks that provide electronic payment services at distance, so that no third parties can have access to this information. It won’t be used by Armeria Brignoli Silvio & C. in any case except for finalize the procedures related to the purchase or to reimburse the Customers in case of return of Products, when the Customer exerts his / her right to recess, or when it is necessary to prevent or inform the Police of frauds.
6.6 Through filling in the Order form and choosing the credit card as modality of payment, the Customer gives his / her authorization to charge on his / her bank account the whole amount of money resulting at the end of the purchase procedure.
6.7 In case of payment through credit transfer, Armeria Brignoli Silvio & C. will finalize the shipment when the amount due will be credited on our bank account.
7. CIRCUMSTANCES BEYOND ONE’S CONTROL
7.1 The parties won’t be liable for any delays in the fulfillment of their duties, according to the Contract, when such a delay is caused by circumstances beyond one’s reasonable control. The Party in delay for circumstances beyond its control will have a right to extend its terms in order to fulfill its duties.
8. COPYRIGHTS AND BRANDS
8.1 Brands, logos and other distinctive signs on the web_engsite belong to their respective owners.
8.2 It is forbidden to use brands, logos or other distinctive signs – included the reproduction of other web_engsites – for non-authorized third parties.
8.3 The contents of the web_engsite (texts, graphics, animation and images) are protected by the royalties.
9. RIGHT TO RECESS
9.1 According to Article 64 and followings and to the Legislative Decree no. 206/2005, the right to recess consists of the ability of the Customer to unilaterally become free from the Contract, returning the purchased Products with consequent reimbursement of the Price, without penalty and without specifying the reason.
9.2 The right to recess is the ability of the individual entities that act for purposes non directly to be referred to their business activities. Retailers and companies are therefore excluded by this right.
9.3 In order to exert the right to recess, an E-mail needs to be sent to the address email@example.com within 10 days upon receiving of the goods, in reply to which Armeria Brignoli Silvio & C. will send the Customer the proper identification code of the return goods. The return of the Products will have to take place by means of an express courier with possibility to trace the shipment, of which expenses will be totally on the Customer. The shipment, until communication of receipt of the goods at Armeria Brignoli Silvio & C. warehouse is under the full liability of the Customer.
9.4 The return Products have to be sent within 7 days from the date of receipt of the identification return code and have to be sent back to the following address: Armeria Brignoli Silvio & C. Snc – Via Alfieri, 6 - 25063 Gardone V.T. (BS) - Italy. Whether the deadline has been respected or not, this is judged with reference to the date of delivery of the Products to be given back to the express courier.
9.5 In order for the right to recess to be effectively exerted, it is compulsory for the purchased Products to be sent be complete, not used or never worn, in their original making and with their original label not removed. The packing of the Products has to be accurate, in order to protect the original wrapping from damages, apposition of writings or labels. Return goods without the proper identification code mentioned at Point 3 won’t be in any case accepted.
9.6 The effectiveness of the recess is subject to the examination of the conditions of the return Products and to their corresponding to those indicated in the Order and in Return Goods form from Armeria Brignoli Silvio & C..
9.7 In case the right to recess is validly exerted according to previous dispositions, Armeria Brignoli Silvio & C. will reimburse the amount paid out for the purchase, all shipment and transport expenses deducted, within 30 days from receiving of the return goods. The reimbursement does not include transport expenses, neither those born for the initial shipment of the goods nor those for the successive return, and in no case it will be possible to exchange the purchased items with others.
9.8 In case there is no correspondence between the recipient of the Products indicated in the Order form and the person who paid the amounts due for the purchase, the reimbursement, in case the right to recess is exerted, will be carried out in favor of the person who carried out the payment and it will be the full and final payment by Armeria Brignoli Silvio & C.
10.1 The data communicated by the Customer compulsory in order to finalize the Contract are treated in compliance with the disposition of the Legislative Decree no. 196/2003 about “Personal Data protection”. Owner of the data treatment is Armeria Brignoli Silvio & C. Snc with seat in Gardone V.T. (BS), via Alfieri n. 6
10.2 Personal data, requested at the stage of dispatch of the Order, are gathered and treated in order to meet with the requirements of the Customer and won’t be released in any case and for no reasons to third parties.
10.3 Typology of the treated data: a) surfing data: informatics systems and software procedures in charge of the abnormal functioning of the web_engsite gather, during their normal exercise, some personal data the transmission of which is implicit in the use of the communication protocols of internet. It is about information not gathered in order to be associated to identified people of interest, but it is about information that for its nature, thanks to processing and to associations to data held by third parties, could allow to identify users. Among those are IP addresses, or field names used by the users who connect to the web_engsite, URI addresses (“uniform resource identifier”) of the requested resources, the time of request, the method used to submit the request to the server, the dimension of the file obtained in reply, the numerical code indicating the status of reply given by the server and the parameters related to the operative system and to the informatics milieu of the user. These data could be used to ascertain liability in case of hypothetical informatics crimes to the detriment of the web_engsite; b) data voluntarily provided by visiting users: the optional, explicit and voluntary sending of personal data in order to accede to specific services or in order to request information to the addresses indicated on the web_engsite involves the subsequent acquisition of the sender’s address needed in order to reply to the requests as well as other possible personal data inserted in the missive; c) cookies: no personal data concerning the users are obtained in this regard from the web_engsite. Cookies are not used for the transmission of personal data, nor are the so-called persistent cookies used, or systems to trace users.
10.4 Apart from what specified for the surfing data, the user is free to provide his / her personal data through the use of ad hoc web_eng sections of the web_engsite and to request or solicit informative material or other communications. In some cases (not subject to the ordinary management of the web_engsite) the Authority can request news or information according to Article 157 of the Legislative Decree 196/2003 with the purpose of controlling the personal data treatment. In these cases, the answer is compulsory, otherwise an administrative sanction may occur.
10.5 People, personal data refer to, have (I) right in every moment to obtain confirmation of the existence or not of the data, to get to know the content and the origins, to verify the correctness and to ask for inclusion, updating or rectification and (II) the right to ask for cancellation, transformation into an anonymous form or to block all data in violation of the Law and to oppose in all cases, for legitimate reasons, to their treatment. Request are to be forwarded to the owner of the treatment.
11. AGREEMENT VARIATION
11.1 The Contract stands for the whole agreement between the Parties about the object, together with the Order, the current General Sale Conditions, the conditions of the registration service and the legal notes.
11.2 Each variation or modification of the Contract have to be accepted in writing by both Parties.
12.1 All communications between the Parties will have to take place in writing and to be sent to the address of the Party indicated in the Contract and in the Order. Also all communications sent to the E-mail address of the other Party, indicated on the web_engsite and in the order, take place in writing.
12.2 All communications concerning the validity or the existence of the current agreement, when not differently foreseen, will have to be exclusively handed in physically or sent through recorded delivery with acknowledgement of receipt.
13. LANGUAGE, APPLICABLE LAW AND AUTHORIZED COURT
13.1 The Sale Contract is drawn up in Italian and in English. In case of any doubts or discordance, the Italian Version accounts for validity.
13.2 The Contract will be disciplined and interpreted in compliance with the Italian Law.
13.3 The Parties agree that the application to this Contract of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
13.4 For any dispute related to Sale Contracts, drawn up in compliance with current General Conditions, the Authorized Court is the one in Brescia.
14.1 The General Conditions of Sale can be modified also considering possible changes in the Law. The new General Sale Conditions will be implemented upon being published on the web_engsite.
14.2 It is assumed that, in compliance to Article 1341 of the Civil Code, the Customer is aware of the General Sale Conditions upon purchasing items.