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Terms and Conditions

Premessa

This information is provided for the site https://www.samuelecalosi.it (Site) owned by Calosi Samuele, with registered office in Via Roma n. 3 Sarteano SI 53047 IT, with CF CLSSML62D25D612I and VAT number 01418740526 (Seller).

Art. 1 Scope of application

1.1 Any sale on the Site is a distance contract governed by Chapter I°, Title III° (art. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, which regulates electronic commerce.

1.2 The general conditions of sale apply to all sales made by the vendor on the website. The dates indicated are working days, excluding Saturdays, Sundays and national holidays.

1.3 The general terms and conditions of sale may be amended at any time. Any changes and/or new conditions will be effective from the time of their publication on the Site.

1.4 The applicable terms and conditions of sale are those in force on the date the order is sent.

1.5 You must carefully read these general conditions of sale and all other information provided by the Seller on the Site, including during the purchase process.

1.6 Sending the purchase order constitutes acceptance of these general terms and conditions of sale.

Article 2 Purchases on the Site

2.1 Purchases on the Site may be made after registration on the Site and are permitted both to users who are consumers and to users who are professionals. Pursuant to article 3, paragraph I, letter a) of the Consumer Code, it is recalled that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity; whereas, pursuant to article 3, paragraph I, letter c) of the Consumer Code, a professional is a natural or legal person acting in the exercise of his entrepreneurial, commercial, professional or craft activity, or his intermediary.

2.2 Under no circumstances may resellers, wholesalers or, in general, anyone who intends to make purchases on the Site for the purpose of subsequent resale. It is therefore forbidden for such persons to make purchases on the Site.

2.3 In the event of anomalous orders in terms of quantity and/or frequency, from whomever they may come, the vendor reserves the right to take all necessary measures to put an end to the irregularities.

2.4 The vendor reserves the right to refuse or cancel orders that come from

from a user with whom the seller is in an ongoing legal dispute
by a user who has previously breached the general terms and conditions of sale
from a user who

  • by a user with whom the seller is involved in an ongoing legal dispute
    a user who has previously breached the Terms and Conditions of Sale
    by a user who has been involved in criminal activity
    by a User who has provided false, incomplete or otherwise inaccurate identification data or who has failed to promptly provide the Seller with any documents requested by the Seller, sent invalid documents.

Article 3 Site registration

3.1 In order to register on the Site, you must complete the relevant form by providing the following information

first name
your surname
Company name
your e-mail
your password
Your address
phone

3.2 You agree to notify the Provider immediately if you suspect or become aware of any unauthorised use or disclosure of your access credentials to the Website.

3.3 The User registered on the Website guarantees that the personal data provided by him/her is complete and true and undertakes to indemnify and hold the Seller harmless from and against any damages, liabilities and/or sanctions arising from and/or in any way connected with the violation by the User of the rules relating to the registration on the Website or to the maintenance of the registration data and/or the provision of false, incomplete or in any way inaccurate personal data, without prejudice to the Seller’s right to proceed with the suspension of the User’s account.

 

Art. 4 Information for the conclusion of the contract

4.1 Pursuant to Legislative Decree No. 70 of 9 April 2003, which regulates electronic commerce, the Seller hereby informs you that:

  • an order to enter into a purchase agreement on the Website, you mustan order form in electronic format and send it to the Seller electronically in accordance with the instructions that appear from time to time on the SiteThe contract is concluded when the order form reaches the Seller’s server.
    Upon receipt of the Order Form, the Seller will send you an Order Confirmation containing the following information

o information on the characteristics of the purchase

o an indication of the price

o an indication of the means of payment used

o an indication of the delivery costs.

Art. 5 Products and Prices

5.1 Each Product is accompanied by an information page illustrating its main characteristics (Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products.

5.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

5.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order will not be taken into account.

5.3 The purchase contract is terminably conditional on non-payment of the Total Amount Due. Unless otherwise agreed upon in writing with you, the order shall be cancelled accordingly.

5.4 In order to submit a purchase order, it is necessary to read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase procedure pages. The

failure to accept these General Terms and Conditions of Sale shall make it impossible to make purchases on the Site.

Art. 6 Shipment

6.1 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to send it.

6.2 The Seller will dispatch the Products only after having received confirmation of payment or after having credited the Total Amount Due. Title to the Products will pass to you upon dispatch, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, for reasons not attributable to the Seller, shall pass to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products. The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after your purchase order has been placed, it is established that you have not paid all or part of the Total Due Amount.

 

Article 7 Methods of Payment

7.1 The following payment methods are permitted on the Site:

Payment card
PayPal
Bank Transfer

7.2 The Vendor accepts credit cards of the following circuits

VISA
MasterCard (Cirrus Maestro)
PostePay
American Express
CartaSì
Diners Club International
V-Pay

The charge will only be made once the details of the payment card used to make the payment have been verified and the issuer of the payment card used by you has issued the debit authorisation.

In application of Directive 2015/2366/ (EU) on Payment Services in the Internal Market (PSD2), you are informed that you may be required to complete the purchase process by meeting the criteria of

authentication required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the user’s identity (in order to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. The Vendor therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used for payment of the Products. The charge will be made when the order is transmitted.

7.3 On the Site you can also make purchases using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to this account.

In the case of payment by PayPal, the total amount due will be debited to you by PayPal at the same time as the contract is concluded via the Site. In the event of cancellation of the purchase contract and in any other case of refund, for whatever reason, the amount of the refund due to you will be credited to your PayPal account. The timing of the credit to the payment instrument linked to such account depends solely on PayPal and the banking system. Once the credit order has been placed in favour of such account, the Seller shall not be liable for any delay or omission in crediting the refund amount, to dispute which you must contact PayPal directly. Any refund to be made pursuant to these General Terms and Conditions of Sale shall be credited to your PayPal account.

 

Article 8 Right of withdrawal

8.1 If you are a consumer, you have the right to withdraw from the contract for the purchase of the Products within a period of fourteen calendar days (the withdrawal period), without having to give any reason and without having to pay any costs other than those provided for in this article. The withdrawal period expires after 14 days: from the day on which you, or a third party other than the carrier and designated by you, take physical possession of the Products;

8.2 To exercise your right of withdrawal, you must inform the Seller before the expiry of the Withdrawal Period of your decision to withdraw.

8.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of your right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner: e-mail to samuelecalosi@gmail.com

8.4 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.

8.5 The direct costs of returning the Products are your responsibility, as is the responsibility for their transport.

8.6 If you withdraw from the contract, the Seller will refund the Total Amount Due, excluding delivery costs, within 14 calendar days from the day on which the Seller receives the Products back. The refund will be made using the same payment instrument used for the initial transaction.

8.7 The right of withdrawal cannot be exercised if the returned Product is manipulated, altered or not intact. In this case the Seller reserves the right not to proceed with the refund.

 

Art. 9 Applicable law and competent court

9.1 Purchase contracts concluded through the Site are governed by Italian law. Please remember that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, the Court where the Seller is based is competent for any dispute relating to the application, execution and interpretation of this document.

Calosi Samuele

P.IVA 01418740526

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