Contract for the online sale of consumer goods
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by Puglia SRLS based in Monopoli (Ba), in Via europa Libera 15 / b, registered at the Bari Chamber of Commerce under no. 01159200722 of the Company Register, tax code and VAT number 08492080729 hereinafter referred to as "Supplier".
1.1. The term "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 who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. Con l’espressione “Fornitore” si intende il soggetto indicato in epigrafe ovvero il soggetto prestatore dei servizi di informazione.
Art. 2 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 site via telematic tools: lapugliaonline.com .
2.2. The products referred to in the previous point are illustrated on the web page: lapugliaonline.com .
Art. 3 Methods of stipulating the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address lapugliaonline.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods.
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 by filling in the form / form attached to the online electronic catalog (at the address lapugliaonline.com) and the subsequent sending of the form / module itself (after viewing a web page summarizing the order, printable), which shows the details of the purchaser 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, in which the data recalled in the previous point.
4.3. The contract is not considered completed and effective between the parties in default of what is indicated in the previous point.
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. 13, point 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.
6.1. The Supplier will deliver the products, selected and ordered, by express courier, as indicated in the appropriate reference web pages (lapugliaonline.com).
6.2. Shipping times may vary from the day of the order to a maximum of 10 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 highlighted at the address lapugliaonline.com.
7.1. All sales prices of the products displayed and indicated on the website lapugliaonline.com 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 ancillary 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 placing the order by the Buyer and also contained in 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 on which the Supplier does not make any changes
7.4. The sale price of each product can be changed at any time by the Supplier.
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, whether the product is available or not.
8.2. Should an order exceed the quantity existing in the warehouse, the Buyer will be allowed to order only the product in the quantity available in the warehouse. From that moment the product will appear in the catalog as "not available" until the next production by the Supplier.
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.
9.1. The Supplier assumes no responsibility for inefficiencies 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 additional charges incurred. .
9.4. The Supplier assumes no responsibility for any fraudulent or 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 Purchaser 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.
10.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
10.2. The aforementioned request by the Injured Party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it, as expressly indicated on the product.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Injured Party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the Injured Party.
10.7. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
11.1. The Supplier is liable for any lack of conformity that occurs within 15 days (fifteen) from delivery of the goods.
11.2. For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 15 days from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 30 days of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
11.7. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Supplier.
12.1. The Buyer agrees to pay the price of the purchased goods within the time and in the manner indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 (ten) working days, starting from the day of receipt of the purchased goods.
13.2. 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 90 (ninety) days and runs from the day of receipt of the goods by the Consumer.
13.3. If the Purchaser decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt. to the address La Puglia Srls Via Europa Libera 15 / b, 70043 Monopoli (Ba) or e-mail to email@example.com, provided that such communications are confirmed by sending a registered letter with return receipt. at the address at La Puglia Srls Via Europa Libera 15 / b Monopoli (Ba) within the following 48 (forty-eight) hours. 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.
13.4. 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.
13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of sealed perishable products, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate. o alter rapidly, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is not able to control and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.
13.7. The Supplier will refund the entire amount paid by the Buyer free of charge within 15 (fifteen) days of receipt of the notice of withdrawal.
13.8. 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.
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
15.1. 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. 1961.
15.2. The personal and fiscal data acquired directly and / or through third parties by the Supplier La Puglia Srls, data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activate 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 ( art.24, paragraph 1, letter b, legislative decree 196/2003) 2.
15.3. 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.
15.4. 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.
15.5. 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 with regard to 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.
15.6. 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.
15.7. 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.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters3.
15.9. 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 messages themselves.
16.1. 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 Supplier's headquarters according to criteria of confidentiality and security.
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: La Puglia Srls Via europa Libera 15 / b, 70043 Monopoli (Ba), or sent by e-mail to the following address firstname.lastname@example.org . The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
18.1. All disputes arising from this contract will be referred to the Bari Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
18.2. All disputes arising from this contract will be referred to the Bari Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
19.1. This contract is regulated by the Italian law.
19.2. 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. 19.3. 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.
1 Prescriptions of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 - Simplification of certain obligations in the public and private sectors with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette of 1 July 2008, no. 152.
2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142.
3 "Unless the Company has appointed a manager in the person of Mr. __________ ".