Terms and conditions of use
GENERAL ON-LINE SALES CONDITIONS FOR ANDRA CARDONE s.r.l.
The sale of Andrea Cardone s.r.l. Products through the http://www.andreacardone.com website is exclusively addressed to consumers as defined in Italian Legislative Decree 6.9.2005, Nr. 206 Consumers’ Code as amended by Italian Legislative Decree 21 February 2014, Nr. 21.
The Buyer explicitly declares he/she is purchasing as a consumer and, as such, for purposes other than any entrepreneurial, commercial, artisanal or professional business he/she might exercise.
The goods object of these general terms are sold by Andrea Cardones.r.l., a company with registered office in Naples, Italy, via Antiniana,30 80078 Pozzuoli, enrolled with the Chamber of Commerce in Naples under Nr. 01681211205, and with REA Register of Companies under Nr. 758625/06, Tax ID Nr. 01681211205, VAT ID Nr. 01681211205, hereunder the “Seller”.
1.1 The term “Seller” means Andrea Cardone s.r.l., as identified above.
1.2 The term “Buyer” means consumer, i.e. physical person who makes a purchase pursuant to this Agreement for reasons not related to any entrepreneurial, commercial, artisan or professional business he/she might exercise.
1.3 “Agreement” means this online sale and purchase agreement relating to the movable goods of the Seller entered into by the Seller and the Buyer in the context of a remote-sale system through telematic tools organized by the Seller.
1.4 “Purchase Proposal” means an order filled in by the Seller and sent to the Buyer pending approval by the latter.
1.5. “Products” means movable goods offered for sale in www.andreacardone.com website and described at the www.andreacardone.com web address.
2) OBJECT OF THE AGREEMENT
2.1 With this agreement the Seller sells and the Buyer purchases remotely the Products through telematic tools.
3) AGREEMENT CONCLUSION MODALITIES
The Agreement between the Buyer and the Seller is exclusively closed on the web through the access of the Buyer to www.andreacardone.com website where, following the procedures described, the Buyer will submit a formal Purchase Proposal relating to one or more Products.
4) CONCLUSION AND EFFECTIVENESS OF THE AGREEMENT
4.1 The Agreement is closed through the order confirmation sent by the Seller to the Buyer pursuant to Section 4.2. Most especially, the Buyer shall fill in the Purchase Proposal using the online form provided at www.andreacardone.com and shall send it to the Seller. Anyway, before sending the Purchase Proposal, the Buyer can display an order-summary web page stating the details of the person making the order and of the order, the price of the purchased good, shipping costs and any additional charge, payment terms and methods and the address where the good is going to be delivered, delivery terms and presence of the right of withdrawal.
4.2 When the system receives the Purchase Proposal from the Buyer, it sends out an automatic reply with a summary of the order listing the data described under the previous Section. Within 24 hours from receipt of the Purchase Proposal, the Buyer will receive a second e-mail message from the Seller accepting or rejecting the order (in the former case the agreement is deemed as regularly closed) considering also the provisions under Section 8.2.
4.3 The Agreement is not deemed as closed and effective between the parties unless the requirements in the previous Section have been met.
4.4 When sending the Purchase Proposal, the Buyer shall provide a valid and commonly used e-mail address. The Buyer undertakes to verify, if he/she receives no e-mail reply from the Seller after sending the Purchase Proposal, the spam folder of his/her browser.
5) PAYMENT AND REIMBURSEMENT METHODS
5.1 All payments by the Buyer can only be made with the methods reported in the specific web page of the Seller.
5.2 Any reimbursement to the Buyer shall be promptly credited with one of the methods proposed by the Seller and selected by the Buyer and, if right of withdrawal is exercised (as per Section 13 in this Agreement), within 14 days from the date when the Seller has been informed about such withdrawal.
5.3 All communications relating to payments take place on a specific encrypted and protected line of the Seller.
6) DELIVERY TERMS AND METHODS
6.1 The Seller shall deliver the selected and ordered Products by forwarder. The delivery methods, terms and costs are clearly specified at www.andreacardone.com as per Terms and Condition Chapter
6.2 The orders shall be shipped within 5 working days from order-receipt date, delivery terms could get longer and require maximum 15 working days in case of holidays or summer closure. If the Seller cannot deliver the Products within such term, the Buyer will be promptly informed about it via e-mail by the Seller. Upon shipment, the Seller will send an e-mail to the Buyer with the shipment number and web address to track the delivery status.
6.3 The Seller is not liable for any delay or disservice due to the forwarder but offers to cooperate to solve any problem. If for disservices or delays not due to the forwarder or for any other reason not depending on the forwarder’s will or because of force majeure, it is not possible to comply with the delivery terms, the Seller reserves the right to postpone the delivery up to 10 days or to terminate the agreement reimbursing as soon as possible the amounts paid for the undelivered items.
6.4 Notwithstanding the right of withdrawal under Section 13 above, the Buyer cannot reject delivery of the Products or apply for their return to the Seller. In that case, shipment costs and the deposit shall be charged to the Buyer.
7.1 All sale prices for the Products listed in www.andreacardone.com are in euro.
7.2 The prices listed for each of the Products offered to consumers are valid until the date reported in the catalogue.
7.3 The sale prices are VAT included. Shipment costs, not included in sale prices, must be stated and calculated by the Seller before sending the Purchase Proposal
7.4 If the Buyer is domiciled in a non-EU country, any difference for local taxes and customs duties shall be added to these costs. The additional costs are displayed by the forwarder upon delivery of the Products and must be paid by the Buyer to the forwarder. In absence of this payment, the forwarder shall not deliver the Product(s).
8) PRODUCT AVAILABILITY
8.1 The Seller ensures order processing and shipment without delay through the telematics system. For this purpose, the Seller displays in real time the number of Products available and unavailable ones with the relevant delivery terms in the website.
8.2 If an order exceeds the number of Products in stock, the Seller shall inform the Buyer by e-mail that the Product(s) can no longer be reserved or about the waiting time for receiving the selected Product(s) asking to confirm or decline.
9) LIMITATIONS OF LIABILITY
9.1 The Seller does not undertake any liability for disservices due to force majeure if she cannot execute the order within the terms envisaged in the Agreement.
9.2 The Seller cannot be deemed liable towards the Buyer except for intention or gross negligence, for disservices or inconveniences linked to the internet which lie outside her control or the control of her sub-suppliers.
9.3 Furthermore the Seller shall not be liable for damages, losses and costs incurred by the Buyer for non-execution of the agreement for causes outside her control. The Buyer shall only be entitled to full reimbursement of the price paid and any additional charges incurred.
9.4 The Seller does not undertake any liability for fraudulent and unlawful use of credit cards, checks or other means of payment by third parties upon payment of the Products if the Seller proves she has taken all possible precautionary measures based on the best knowledge and experience available and on ordinary diligence.
9.5 The Seller shall in no case be held liable for payment delays or inconveniences if the Seller proves she has processed the payment within the terms and in the manners specified.
10) LIABILITY FOR PRODUCT DEFECTS
10.1 Pursuant to articles 114 and following of the Italian Consumers’ Code, the Seller is liable for damages caused by defects of the goods sold if she does not prove one or more of the circumstances envisaged in Article 118 of the Italian Consumers’ Code.
10.2 If anybody deems he/she has suffered damage from a purchased good, he/she must submit a written application to the Seller specifying the Product which has allegedly caused damage, the place and time when it has been purchased. The application must also include the offer to the Seller to inspect the Product if it is still available.
10.3 The application under Section 10.2 must be drawn up also considering the terms in Articles 125 and 126 of the Italian Consumers’ Code.
10.4 No reimbursement shall be due if the damaged party is conscious of the product defect and of the risk arising from it and has nevertheless voluntarily exposed himself/herself to it.
10.5 In any case the damaged party shall prove the defect, the damage and the cause-effect relationship between the defect and the damage.
11) WARRANTY FOR PRODUCT DEFECTS
11.1 The Seller is liable for any conformity defect emerging within 2 years from Product delivery.
11.2 For the purposes of this Agreement, it is assumed that all Products are compliant with the Agreement if the following circumstances occur, where applicable: a) they are suitable for the use commonly envisaged for similar goods; b) they comply with the description made by the Seller and have all Product features presented by the Seller through samples or models; c) they have the quality and provide the same ordinary performances of comparable goods that consumers can reasonably expect considering the nature of goods and in case, if applicable, the public statements on specific Product features made by the Seller, the Manufacturer or her Agent/Representative, most especially in advertising and on labels; d) they are fit for the use desired by the consumer communicated by the consumer to the Seller when entering the Agreement ad that the Seller has also accepted also for conclusive facts.
11.3 The Buyer loses all rights if he/she does not inform the Seller about a conformity defect within two months from the date when the defect has been detected. Such notification is not necessary if the Seller has acknowledged presence of the defect or if she has concealed it.
11.4 Anyway, in absence of proof to the contrary, it is assumed that conformity defects which appear within 6 months from Product delivery were already present at that date, unless this assumption is incompatible with the kind of product or with the nature of the conformity defect.
11.5 In case of conformity defects, the Buyer can apply, as an alternative and without expenses, under the terms and conditions specified hereunder, to repair or replace the purchased Product, to discount the purchased Product or to terminate the Agreement unless this request is objectively impossible to meet or if this is too costly for the Seller pursuant to Article 130, Paragraph 4 of the Italian Consumers’ Code.
11.6 The request shall be submitted to the Seller in writing by registered letter with acknowledgement of receipt or by certified mail to the addresses under Section 16. The Seller shall state whether she is available to meet the request or the reasons preventing her from doing it within 7 working days from receipt. In the same notice, if the Seller has accepted the Buyer’s proposal, she shall specify the delivery or product-return method as well as the term planned for returning or replacing the defect Product.
11.7 If a repair or replacement is not possible or is too costly or the Seller has not proceeded to repair or replace the good within the term under previous Section or if the repair or replacement previously carried out have caused major inconveniences to the Buyer, he/she is entitled to apply for an adequate price reduction or for Agreement termination. The Buyer must in this case send his/her request to the Seller who will declare whether she is ready to accept or what are the reasons preventing her from doing that within 7 working days from receipt.
11.8 In the same communication where the Seller accepts the request of the Buyer, she will have to state the proposed price reduction or the method for returning the defect Product. In these cases, the Buyer shall indicate the method to payback the amounts paid to the Seller.
12) DUTIES OF THE BUYER
12.1 The Buyer commits to pay the price of the purchased Product within the term and in the way envisaged by this Agreement besides any expense as per Section 7.4.
12.2 The Buyer commits, after completing the on line purchase procedure, to print out and store this Agreement.
12.3 The information in this Agreement has already been viewed and accepted by the Buyer who acknowledges it as this step is mandatory before the purchase confirmation.
13) RIGHT OF WITHDRAWAL AND PRODUCT-RETURN PROCEDURE
13.1The Buyer has right of withdrawal within 14 days from Product receipt. Within this term, the Buyer shall send an e-mail to email@example.com , informing about his/her decision to withdraw from the Agreement with no duty of stating the reason for it.
13.2 The Seller shall reimburse all payments received to the Buyer within 14 days from the date when she has received the communication pursuant to Section 13.1. For this reimbursement, the Seller shall use the same method of payment used by the Buyer except for an explicit request by the Buyer and provided the method chosen by the Buyer is not too costly.
13.3 Within 14 days from the (timely) communication pursuant to Section 3.1, the Buyer shall return the product to Andrea Cardone s.r.l., via Antiniana 30, 80078 Pozzuoli (NA), who shall fully bear the shipment costs for returning the Products if this has to take place in Italy (including Italian islands). A Product-return is anyway deemed as timely only if the Buyer delivers the Product to the forwarder within 14 days from the communication pursuant to Section 13.1.
13.4 The Buyer who exercises withdrawal and is in possession of Products shall meet the following requirements:
a) the Products must not have been used, worn, washed or damaged;
b) the identification label must be still fixed to the Products and is an integral part of them;
c) the Products must be returned in their original package with all the accessories delivered with them (e.g. dust bag).
13.5 If the Products do not meet the requirements under letters a), b) and c), the Seller can hold the Buyer liable for the impaired value of the returned Products (notwithstanding the right of recourse of the Buyer towards the forwarder)
13.6 The Seller, after receiving the Products, shall inform the Buyer by e-mail (at the address provided under Section 4.4) and, with the same communication, he/she will notify the Buyer about any defects/vices detected.
14) CAUSES OF TERMINATION
14.1 The duties under Section 12.1 (Payment of the Products) and under Section 6 (Delivery of the Products) are essential so that any breach of them, if not due to chance or force majeure, will entail termination of the Agreement by law (ex art.1456 c.c.) with no need for a judicial decision.
15) AGREEMENT-STORAGE METHOD
15.1 Pursuant to Art. 12 Italian Legislative Decree Nr. 70/03, the Seller informs the Buyer that any order sent will be stored (in digital and/or paper format) at the registered office of the same in compliance with confidentiality and safety principles.
16) COMMUNICATIONS AND COMPLAINTS
16.1 Written communications to the Seller and any complaint will be deemed as valid only if sent to the following addresses:
- ANDREA CARDONE SRL, Via Antiniana, 30 – 80078 – Pozzuoli ( NA )
- firstname.lastname@example.org, for e-mail communications;
In the registration form the Buyer indicates enters his/her domicile, telephone number and e-mail address for receiving communications from the Seller.
17) SETTLEMENT OF DISPUTES
17.1 For any dispute arising from interpretation or execution of this Agreement the competent jurisdiction will be the place of residence or the elected domicile of the consumer. No derogation is allowed pursuant to Article 33, 2° Paragraph, letter u), Italian Consumers’ Code.
18) APPLICABLE LAW AND REFERENCE
18.1 This Agreement is regulated by Italian law.