- Relationships to which the terms apply
1.1 These general conditions of sale apply to all orders placed through the website managed by the company Conceria Nuvolari Srl, with capital of € 10,000.00, tax code and VAT number 02013190448, registered office in Montegiorgio, Via Campania 8 from any person who acts to carry out tasks involved in his professional activity (hereinafter “Professional / s” or “Client / s”).
Specifically, they are considered as Professionals, among others: private and / or public companies, traders and artisans, sole proprietorships.
Any order placed at www.concerianuvolari.com by a Professional is subject to these General Conditions of Sale and implies their unconditional acceptance. No exceptions will be applied to these provisions, unless explicitly accepted by the Seller.
- 2. Object of the Agreement
2.1 Online sale. These General Conditions of Online Sale apply to all Orders relating to the purchase of Products through the use of the Website www.concerianuvolari.com made by Customers, as defined above in art. 1;
2.2. 2.2. Call to offer. The presentation of the Products on the Site constitutes an invitation to offer. The Customer’s order will be considered as a contractual purchase proposal addressed to the Seller for the listed Products, each considered individually. Upon receipt of the order, the Seller will automatically send the Customer a message of taking charge of the order itself “(Order Creation). The Order Creation does not constitute acceptance of the Customer’s purchase proposal. By sending the Order Creation, the Seller only confirms that he has received the order and has submitted it to the data verification process and the availability of the requested Products.
In order to proceed with the completion of the purchase, the Customer must enter the billing and / or shipping information (if the two addresses do not coincide):
customer data: indicate name, surname and billing address
recipient data: indicate a recipient and address other than the customer’s data to which the order is to be delivered;
payment method: indicate the preferred payment method;
shipping method: confirm the shipping method by accepting the highlighted cost and any additional costs;
Once all the data necessary to process the order have been entered, to get to the “Confirmation” of the order, payment must be made according to the chosen methods;
Once the order has been validated by the Customer and the same has made provision for the relative payment and the receipt of the amount has been verified by the seller, the order will go from “created” to “confirmed”.
This information will be sent by the seller in the order confirmation sent by e-mail, together with the details of the requested order including information relating to the shipment of the product except for the expected delivery date which will be communicated to the Customer by the courier in charge;
The order is considered accepted by the seller when its status is passed to the “in shipment” phase; .
In the event that the order is processed through multiple shipments, the Customer may receive separate Shipping Confirmations. The Customer may cancel the order before having received the Shipping Confirmation.
The General Online Sales Conditions apply exclusively to purchases made on the Website. The Products purchased on the Website are sold directly by the Seller, as defined above in art. 1 letter to).
2.3 Customer: The Customer pursuant to art. 1 is any natural or legal person acting as owner of a company authorized by law to use the Products;
- 3. Content and changes
3.1 Premises. The above premises form an integral part of this Agreement.
3.2 Content. This Agreement replaces any previous agreement between the Parties on the subject matter of the Agreement.
3.3 Changes. In the event of changes in the General Conditions of Online Sale, the General Conditions of Online Sale published on the Website at the time the Order is sent by the Customer will apply to the Purchase Order.
- 4. Effectiveness of the Agreement
The rights and obligations inherent in this Agreement are binding for the Parties and their successors in title.
- 5. Information and modifications of the Products
5.1. 5.1. Product Description. For each Product, you can view a sheet with the image and characteristics of the Product.
The images and colors of the products offered for sale on the Site may not correspond to the actual ones due to the Internet browser and / or monitor used.
The Seller is not responsible for any inaccuracies due to a particular configuration of the computer or its malfunction.
5.2. 5.2. Modification of Products. The Seller may eliminate and / or replace the Products described on the Site at any time and without notice and may make technical and aesthetic improvements that are not substantial and not detrimental to the quality of the Product.
- 6. Prices
6.1. 6.1. Product Price. The prices of the Products included in the information sheets are expressed in Euros and are net of VAT, unless otherwise indicated.
6.2 Shipping and payment costs. The prices of the Products indicated in the information sheets do not include shipping costs and those related to the chosen payment method, which are identified and calculated based on the place of delivery and the payment method chosen at the time of the Order, of which the Customer reads before proceeding to forward the Order. The shipping costs of the Products and the costs relating to the method of payment are entirely borne by the Customer.
6.3. 6.3. Product Price Variation. The prices of the Products published on the Site may be updated and therefore may undergo variations. The Customer will purchase the Products at the price published on the Site at the time the Order is placed.
6.4. 6.4. Variation of prices and shipping costs depend on the country of delivery. The costs of customs clearance of the goods must be added to the price of the Products and the shipping costs, which are entirely borne by the Customer and cannot be calculated at the time of purchase.
6.5. 6.5. Promotions. The Seller reserves the right to carry out different promotions depending on the country of delivery of the Products.
- 7. Product Order
7.1. 7.1. Registration on the Site. To proceed with the purchase of one or more Products, the Customer must first register on the Site www.concerianuvolari.com and provide the Seller with all the necessary data to allow him to execute the Order.
The data will be processed in accordance with art. 13 of Legislative Decree 196/2003 (hereinafter, “Privacy Code”) and EU Regulation 2016/679 (hereinafter: “Regulation”), regarding the protection of personal data. The Seller may request a certificate of incorporation or other equivalent document, in order to determine the exact identity of the Customer. Upon receipt of the Customer’s data, the Seller will promptly send an e-mail to the Customer whose content will indicate the authentication procedure, to allow access to the Site in the part intended for online purchases, containing the account references and the procedure for activating the itself (the password cannot be known by the Seller);
The Customer declares to have carefully read everything published by the Seller on the following site www.concerianuvolari.com and acknowledges that all the forecasts must be considered here fully reported and transcribed by applying the same to this contract;
7.2 Placement of the Order. Purchase Orders must be submitted exclusively online through the order procedure on the Site, exclusively by natural and legal persons acting for purposes related to their business activity.
After accessing the “shop” or category or search page, the Customer can select the Products to purchase by inserting them in the “Virtual Cart” by pressing the “Add to Cart” button, if applicable, or access the configuration page of the individual product through the “Choose Options” button and on this page select the characteristics and variables of the product and only then, by clicking on the “Add to Cart” button, proceed with the purchase and add it to the “Virtual Cart”, of which you can always view the content before proceeding with the forwarding of the Order. The Customer can directly access the page of the single product, in which to select the characteristics and variables of the product and only then, by clicking on the “Add to Cart” button, proceed with the purchase and add it to the “Virtual Cart”, of which they can always view the content before proceeding to forward the Order.
After clicking on the “Add to Cart” button, a popup will ask the user if he wants to proceed with other purchases or proceed to checkout and conclude the order During the formulation phase of the Order until the order is placed, the Customer can modify the data entered.
7.3 Acceptance of the General Conditions of Online Sale. The Customer, by sending the Order, declares to have read and accepted the General Conditions of Online Sale indicated on the Site and declares to have read all the information provided to him during the purchase procedure.
7.4 Order Creation and subsequent Order Confirmation. The Seller received the Order will automatically send an e-mail, to the e-mail account communicated by the Customer, containing the confirmation of receipt of the Order called “Order Creation”. This communication, once the payment has been made by the Customer and the amount has been received by the Seller, will be followed by the sending of the “Order Confirmation” which will summarize the Products chosen by the Customer, the relative prices (including the costs of delivery), the Order number and the link to the General Conditions of Online Sale.
7.5 Conclusion of the Agreement. The Contract will be considered concluded only when the Seller, having received the payment and forwarded the Order Confirmation, will send the Customer a subsequent e-mail with the “Shipping Confirmation” which will also contain the information relating to the delivery of the Product.
In the event that the order is processed through multiple shipments, the Customer will receive separate Shipping Confirmations. The Customer may cancel the order before having received the Shipping Confirmation.
It will then be the courier in charge of communicating the expected delivery date to the seller;
7.6 Non-availability of the Products. The Seller does not guarantee the complete availability of the Products included in the information sheets on the Site. If the Products are not available, the Seller will notify the Customer by e-mail.
In case of non-delivery of the ordered Products, the Customer has the right to a full refund of the sums paid.
7.7 Customer data and order number. The Customer undertakes to communicate personal data and not those of third parties, and to communicate truthful, not fictional or inventive data. In any subsequent communication to the Order, the Customer must use the Order number communicated by the Seller.
7.8. 7.8. Having read orders. The Customer can view their orders on the Site, in the “Order History” area.
- 8. Methods of payment, invoices, retention of title
8.1. 8.1. Terms of payment. Payment must be made online with paypal or bank transfer;
At the same time as the communication of the creation of the order, the amount corresponding to the products purchased will be charged to the Customer.
8.2 Time of payment and default interest. The Customer will pay the full price of the Products ordered, including transport costs and costs relating to the chosen payment method, after placing the Order.
In the event of non-payment, the Seller will not forward the Order Confirmation or the subsequent Shipment;
In case of late payment, the Customer will be owed interest on arrears pursuant to Legislative Decree 231/2002 and its subsequent amendments.
8.3 Issuance of invoices. The Seller will issue the invoice and this will be attached to the Products delivered and also sent in electronic format, to the e-mail address communicated by the Customer with the Shipping Confirmation. No changes to the tax documents can be made after their issue.
9.1 The selling company carries out shipments with the “GLS or FEDEX” service.
9.2 Deliveries both for Italy and abroad are made in 15 (fifteen) working days.
9.3 For Extra EEC shipments, customs duties are charged to the customer.
9.4 No responsibility can be attributed to the seller in case of delay in delivery.
9.5 The selling company will notify the Customer of the expected delivery date which will take place in the place indicated by the Customer. Later the same will be contacted by the carrier to agree on the delivery details;
9.6 If the first delivery attempt is unsuccessful, the carrier will make a telephone call to the number provided by the Customer and also printed on the address attached to the package.
9.7 The carrier makes two attempts to deliver the products to the address indicated by the Customer. In the event that these attempts are not successful, the products will remain in stock at the carrier’s warehouse for 5 (five) working days at the Customer’s disposal with parking costs at his expense.
9.8 At the time of delivery of the products, the Customer is required to check that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (closing stickers).
9.9 Once the delivery document has been signed, the Customer will not be able to make any objection regarding the external characteristics of the products delivered.
9.10 Failure or delay in delivery due to force majeure. The Seller will not be responsible for failure or delay in delivery due to force majeure, such as – by way of example and not limited to: strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, floods, wars, uprisings. The Seller will promptly notify the Customer of the occurrence and absence of a force majeure event. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the Parties will have the right to withdraw from the Contract. In the event of withdrawal pursuant to this article, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to a refund of any amount already paid for the Product covered by the Order.
- 10 Reception, complaints and guarantees
10.1 At the time of delivery, the Customer must carry out all the necessary checks to detect possible damage and / or other defects in the delivered products that make the goods unusable.
10.2 In the hypothesis referred to in the preceding point 10.1, the dispute must be sent by the Customer to the following certified mail address email@example.com or to the following email address firstname.lastname@example.org;
10.3 If the Customer finds flaws and defects in the Products purchased, he can contact the Seller, under penalty of forfeiture, within 8 days of discovery, and report the defect. The warranty is valid for a period of 1 (one) year from the delivery of the defective Product. After these terms the Seller will not be responsible for defects found by the Customer. In case of obvious defects, the Customer must report the defects within 10 (ten) days from the date of delivery of the Products, and the transport costs and any other expenses for returning the Products will be charged to the Customer.
10.4 Communication of defect. The Seller invites the Customer to describe in as much detail as possible the nature of the defect found and possibly to send a copy of the Order documents, indicate the Order number, and any other data useful for the correct identification of the complaint.
10.5 Repair or replacement. The Seller will, depending on the case, carry out the repairs and replacements of the Product within a reasonable time from having acknowledged the defect. In the event of replacement or repair of the Product, the terms of the warranty (forfeiture and prescription) run from the date of delivery of the repaired or replaced Products.
10.6 Return of Products for defects. In the event that the warranty provides for the return of the Product to the Seller, the Product must be returned by the Customer with the original packaging complete in its parts (including the documentation inside the packaging) within 10 days of notification of the defect.
10.7 Disclaimer of Warranty. The Products will not be covered by the warranty for defects in the event that the Customer has made incorrect use of the Products, or if the Products have been altered or modified without the written consent of the Seller, or if they have been stored in an inappropriate manner taking into account the characteristics of the Products;
10.8 Withdrawal of defective Products. The Customer undertakes to support the Seller in withdrawing the defective Products from the market in the event of an express request from the Seller.
- 11. Protection of intellectual property rights
11.1 Site. The content of the Site, including but not limited to texts, photos, trademarks, images, Product descriptions, is owned and managed by the Seller and it is forbidden to copy, reproduce or dispose of it in any way, without written consent. of the Seller.
11.2 Printing of the material contained in the Site. The Customer may print the material contained in the Site only with the prior authorization of the Seller.
- 12. Early Termination
12.1 Termination with immediate effect. Each Party may terminate this Agreement with immediate effect, by means of a communication to be made in writing using a means of transmission that ensures the proof and the date of receipt of the communication, in the event of essential breach by the counterparty or in the presence of exceptional circumstances that justify the early termination.
12.2 Circumstances of Essential Default. The Parties agree that any breach of contractual obligations may be considered serious if, despite the written notice to comply sent by a Party, the notified Party fails to do what is required within fifteen days (15).
12.3 Circumstances that justify early termination. The Parties agree to consider the following situations as circumstances justifying the early termination of the contract: bankruptcy, composition or other insolvency procedure, liquidation, transfer of assets to creditors, any substantial change in the control, ownership and / or management of one of the Parties as well as any circumstance capable of substantially affecting a Party’s ability to perform its obligations under this Agreement.
- 13. Validity of the contract
13.1 Invalidity of a clause. The nullity or invalidity of a clause does not lead to the nullity or invalidity of the entire Agreement.
13.2 Replacement of the invalid clause. The Parties expressly agree to replace, where possible, the clause deemed null or void with another provision having a content similar to their original intentions and compliant with the content of the contractual relationships between them.
- 14. Communications – Language of the Agreement
14.1. 14.1. Written form. The communications provided for in this Agreement must be made in written form in Italian or English, and sent by the Customer to the following address of the Seller: email@example.com
14.2 Language. This Agreement, drawn up in Italian, may be translated by the counterpart into another language. In case of conflict in the terms, the meaning of the Italian version prevails.
- 15. Applicable law / jurisdiction
Relations between Professional Customers and the seller are governed by Italian law. The PARTIES elect domicile at their respective registered office.
In the event of a dispute that cannot be resolved amicably, any legal action will be brought before the competent courts in the place of the seller’s registered office;
- 16. Express approval of unfair terms
In accordance with the provisions of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to specifically accept the following unfair clauses:
- 3. Content and changes
- 4. Effectiveness of the Contract;
- 5. Information and modifications of the Products;
- 6. Prices;
- 7. Order of the Product;
- 8. Methods of payment, invoices, retention of title;
- 9. Shipping;
- 10. Reception, complaints and guarantees;
- 12. Early termination;
- 13. Validity of the contract;
- 15. Applicable law / jurisdiction.
INFORMATION ON THE PROCESSING OF PERSONAL DATA
This information is provided to natural persons customers and to natural persons who operate in the name and on behalf of legal person customers of the company Conceria Nuvolari Srl pursuant to GDPR 679/2016 – “European regulation on the protection of personal data”.
Identity of the owner
The Data Controller of the data of natural person customers, or of natural persons who operate in the name and on behalf of legal person customers, is the president Santori Carlo.
Categories of data
The processing does not include particular categories of personal data referred to in 9 of the GDPR 679/2016.
Source of data
The personal data processed are those provided by the interested party on the occasion of:
- filling in the “registration” form;
- requests for information, including via email;
- previous transactions.
Purpose of the treatment
The personal data of natural person customers and natural persons who operate in the name and on behalf of legal person customers, if provided, are processed by the Data Controller for:
- acquire pre-contractual data and information;
- carrying out the operations necessary for the fulfillment of orders and other requests;
- preventing and manage possible disputes, take legal action if necessary;
- managing accounting and tax obligations;
Furthermore, they are processed by the Data Controller and by the Tax Consultant for:
- managing administrative, accounting, civil, tax obligations;
- preparing and submitting declarations and documents of a civil and fiscal nature, provided for by EU and non-EU laws, regulations, standards and directives.
The personal data of natural persons customers and natural persons who operate in the name and on behalf of legal person customers, if provided, are processed by the Data Controller only with explicit consent to forward communications of various kinds and with different means of communication (telephone , mobile phone, sms, email, fax, paper mail);
The processing of data for each of the aforementioned purposes may take place on paper or electronically.
The processing covered by this information is lawful and permitted, even in the absence of consent, as it is necessary for the execution of a contract to which the interested party is a party (the service supply relationship) or for the fulfillment of his requests.
Natural person customers cannot refuse to provide the Data Controller with the personal data necessary to comply with the laws governing commercial transactions and taxation.
The provision of further personal data may be necessary to improve the quality and efficiency of the transaction.
Therefore, the refusal to provide the data required by law will prevent the fulfillment of orders; while the refusal to provide further data may compromise in whole or in part the fulfillment of other requests and the quality and efficiency of the transaction itself.
The personal data processed by the Data Controller will not be disclosed, that is, it will not be disclosed to indeterminate subjects, in any possible form, including that of making them available or simple consultation. Instead, they may be communicated to workers who work for the Data Controller and to some external subjects who collaborate with them. They may also be communicated, within the strictly necessary limits, to subjects who, for the purpose of fulfilling orders or other requests or services relating to the transaction or contractual relationship with the Data Controller, must supply goods and / or perform on behalf of the Data Controller acts or services. Finally, they may be communicated to the subjects entitled to access them by virtue of the provisions of the law, regulations, community regulations.
Transfer of data
The Data Controller does not transfer personal data to third countries or to international organizations.
However, it reserves the right to use cloud services; in which case, the service providers will be selected from those who provide adequate guarantees, as required by art. 46 GDPR 679/16.
The Data Controller keeps and processes personal data for the time necessary to fulfill the purposes indicated. Subsequently, the personal data will be stored, and not further processed, for the time established by the current provisions on civil and fiscal matters.
Rights of the interested party
Pursuant to European Regulation 679/2016 (GDPR) and national legislation, the interested party may, according to the methods and within the limits established by current legislation, exercise the following rights:
- to request confirmation of the existence of personal data concerning him (right of access);
- to know its origin;
- to receive intelligible communication;
- to have information about the logic, methods and purposes of the processing;
- to request the updating, rectification, integration, cancellation, transformation into anonymous form, blocking of data processed in violation of the law, including those no longer necessary for the pursuit of the purposes for which they were collected;
- in cases of consent-based processing, to receive their data provided to the owner, in a structured and readable form by a data processor and in a format commonly used by an electronic device;
- in cases of processing based on express consent based on art. 6 par. 1 letter a) of the GDPR 679/2016, to revoke the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation.
- the right to lodge a complaint with the supervisory authority.
Automated decision-making processes
The Data Controller does not carry out treatments consisting of automated decision-making processes on customer data.
Data of the data controller
The data controller of your data is the company Conceria Nuvolari Srl