Viene fornita una traduzione delle Condizioni in una lingua differente da quella Italiana , l’utente accetta che la traduzione viene resa disponibile solo per sua comodità e che il rapporto con M.C.M. Consulting di Marco Borracchini sarà disciplinato dalla versione in lingua Italiana come specificato ai punti 13 e 14 del presente contratto.
Provides a translation of the conditions in a language other than Italian, you agree that the translation is made available for your convenience only and that the relationship with Shop in Tuscany Marco Borracchini will be governed by the version in the Italian language as specified in sections 13 and 14 of this contract.
General Terms and Conditions Distance Selling
1. Background and definitions of the sales contract
1.1 These general terms and conditions (hereinafter Terms and Conditions) regulate the terms and procedures by which the individual firm MCM Consulting Marco Borracchini, with registered office at Via dello Spartitoio, 13-51100 (PT) Vat 01772210470, REA number PT 178041, registered with the Register of Companies on 29/02/2012 markets its products through the e-commerce portal Shopintuscany.com commerce and regulate the purchase, by electronic means, of these products.
1.2 These terms and conditions have been drafted and prepared in compliance and in accordance with the provisions of law on electronic commerce, particularly in Decree. April 9, 2003 n. 70 Information Society Services and Electronic Commerce that has implemented Directive 2000/31 / EC and Legislative Decree. N. 114/1998 of reforming the law on the trade sector.
1.3 As regards contracts concluded with consumers, they will benefit from the protection provided in the event of the conclusion of distance contracts pursuant to Part III, Title III, Chapter I, Section II Decree. 6 September 2005. 206 Consumer Code, as well as any additional guarantee mandatorily provided, in favor of consumers, the Consumer Code and the same as any other applicable law.
1.4 These sales conditions have brought general; They are integral and essential part of the purchase agreement of any product and placing an order not care the integral reading and acceptance by the customer.
1.5 For the purpose of better understanding of the conditions of sale apply:
Consumer means any natural person who makes a purchase order or request a quote for purposes outside his trade, business, craft or profession;
Professional: any natural or legal person who makes a purchase order or request a quote in the exercise of its corporate, commercial, craft or profession;
Customer: the party (consumer or professional) who makes the purchase from the site ShopinTuscany;
Site: the set of web pages accessible via the url www.shopintuscany.com;
Vendor / Supplier: individual enterprise M.C.M. Consulting Marco Borracchini, the service provider of electronic commerce, through the web portal ShopinTuscany;
Quote request: request sent by the customer to the vendor aims to get more information on the prices of products of interest, availability, delivery and ancillary costs for delivery;
Purchase Order: proposal for the purchase of one or more products, made by the customer to the vendor by the placing of the order and simultaneous payment;
Sales contract online: every purchase agreement relating to movable materials presented on the site by the seller, entered into between them and the customer as part of a system of organized distance sales via telematics, concluded in the manner prescribed by the following articles with specification pursuant to art. 12 Legislative Decree. N.70 / 2003 of the different technical steps to follow to conclude the contract, the manner in which the contract will be filed and the manner of access, the technical resources made available to the customer to identify and correct errors in data entry before submitting the order, as well as other information required by the arrangement mentioned above.
2.Accettazione the general conditions of sale
2.1. The general conditions of contract are an integral part of any request for quotation, purchase order and contract of sale of finished products.
2.2. The customer, by purchasing, declares that I have read and accept the contents of the general conditions, together with the information provided during the purchase process.
3. Procedures for signing and conclusion of the sales contract
3.1. The customer can buy the products as depicted in accordance with art. 6 Decree. N. 206/2005, in the information sheets on the pages of the site. The presentation of products on the website is intended for users so that they formulate, to the seller, an offer and not the nature of a binding offer to the public pursuant to art. 1336 cc, staying in the full discretion of the seller any decision on acceptance of the proposals made.
3.2 In order to proceed with a request for proposal or a purchase order is necessary that the customer is registered with the site and has communicated all the information requested during the registration process – full name / company name, profession, e-mail, phone number, shipping address and any billing information – accepting the processing of the same for the purposes indicated.
3.3 Upon completion of the registration, the customer can select one or more products which intends to buy them in a “shopping cart” virtual, which will always display content in the “synthesis of the carriage”, with specific indication of the total price and the amount, before forwarding the order. Registration may also be made after the chosen product you intend to purchase.
3.4 At any time prior to the order, the customer can exclude products previously selected by clicking on “delete” or “previous” or add more by clicking on “continue shopping”.
3.5 Once selected and placed in the cart the items to be purchased, the customer will be asked to confirm the address indicated at the time of registration or login to the delivery of products and for billing and then to choose a shipping option.
3.6 Upon completion of these steps (sections “address” and “delivery”) the customer is required to declare by affixing flag in the box ready “confirms the general conditions of sale” of its acceptance of the general conditions of sale which will be read and consulted via the link.
3.7 On completion of this phase, the customer can choose the payment method from those listed and make a payment context, clicking on the “click here to complete your payment.”
3.8 By clicking on the button “Finish the order” at the end of the procedure initiated, the customer will order submission. Each order placed in such manner shall be deemed, for all purposes, as proposed contract by the customer. The order entails the assumption of the obligation to pay.
3.9 forwarding order by the customer will follow confirmation by the seller with respect to the receipt of the same, by sending an e-mail e-mail account from the customer at the time of registration.
3.10 By sending this e-mail the seller will also inform the customer the acceptance of the order and the detailed summary of information about the same. In the mail the customer will find a link to proceed to download in PDF format of the conditions of sale.
3.11 The contract will be concluded and therefore the order accepted at the time when the customer will notice of acceptance of its offer by the seller, and then with the receipt of the email confirmation and acceptance.
3.12 The seller shall be entitled to accept or decline any orders without, in case of rejection, the customer can lay claim or claims, except in the case of simultaneous payment, repayment of the amounts.
3.13 If payment is not contextual, where payment of the products does not take place within the prescribed period, the sales contract will be considered terminated and void.
3.14 To check prices and more information about the kinds of products selected, the customer can make a request for quote to the email firstname.lastname@example.org.
4.Prezzo and shipping costs
4.1 Product prices published on the homepage or in the various sections of the site (in €) are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the products, where this is not Italy, which will be at customer’s charge.
4.2 All prices and any additional charges, where applicable, are indicated in the purchase process and clearly specified in the summary sheet of the order in the “payment”, as well as in the subsequent email confirmation of order receipt and acceptance of the same.
4.3 The seller reserves the right to modify at any time the prices of the products that are listed on the site. Any price changes will not be effective, however, to customers who have already done the forwarding of an order.
5. Method of Payment
5.1. For each order, the client will pay the full price of the ordered products – fully described with the distinction between price and shipping fees or service – when forwarding the order, clicking on the “click here to complete your payment.” It is understood that in the event of non-acceptance by the seller, the latter will promptly refund to customers the amount already paid eventually.
5.2 Payment can be made by “Paypal” secure system, all credit cards accepted (Visa, MasterCard, Maestro etc.). For payments other than that provided contact customer service email@example.com
5.3 The customer will be required to notify only proposed, the mode of payment of which intends to use.
5.4 Invoices will be issued in electronic form, and a copy of the invoice will be attached to the package containing the product that will be shipped to the customer by the vendor.
5.5 Any reimbursement to the customer, even if not completed by the temporary unavailability of the required product, will be credited in case of an agreement concluded with the consumer, using the same means of payment used for the initial transaction, unless it is expressly agreed otherwise and provided that the consumer does not incur any fees as a result of the reimbursement.
5.6 In the event of a contract with a professional reimbursement will be made through one of the proposals by the seller and accepted by the client mode, in a timely manner.
5.7 In the event of exercise of the withdrawal right by the consumer, as regulated by art. 9 of the General Conditions, the seller will credit a refund, minus the cost of delivery, as provided in paragraph 5.5, without undue delay and in any event within fourteen days from the day when the consumer is informed of the decision to terminate the contract.
5.8 In case of withdrawal, the seller will not be required to reimburse the supplementary costs, if the consumer has expressly opted for a different type of delivery and more expensive than the standard proposed by the seller.
5.9 The seller reserves the right to withhold the reimbursement until he has received the goods in their original packaging and have verified their integrity.
6. Timing and mode of delivery of products
6.1 The seller will deliver the products selected and ordered with the time of delivery in the purchase order, the address indicated by the customer.
6.2 In the event of a contract concluded with a consumer products will be delivered no later than thirty days from the date of conclusion of the contract, unless otherwise agreed upon by the parties within the e-mail confirmation and acceptance.
6.3 Delivery is subject to payment by the customer, the price of products and services related to shipping.
6.4 Upon delivery of the goods the customer is required to check that the number of boxes is the same as indicated in the invoice received a copy and that the packaging of the products is intact, not damaged or altered. Once signed the document courier’s shipping, the customer will no longer make any objection about the quantity and packaging as received.
7.1. The seller does not assume any responsibility for inefficiency or failure or delay in delivery, due to unforeseeable circumstances or force majeure, such as but not limited to strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transportation difficulties , fire, flood, flooding, damage to industrial machinery are not caused by the seller and any other event not expected here that you have to check for reasons not attributable to the seller of the same.
7.2 The seller shall not be liable to the customer for outages or malfunctions related to the use of the Internet outside of its control.
7.3 The perishing of the thing to a cause beyond the seller does not free the practitioner from undertaking the consideration, even if it did not have been delivered.
7.4 In the event of a contract concluded with a consumer the risk of loss or damage to property, for reasons not attributable to the seller, he moved to the consumer only when the latter enters the goods in their possession.
7.5 The seller assumes no liability for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment when payment for goods purchased.
7.6 The seller shall not be liable in case of delay in delivery of the purchased goods due to insufficiencies of stocks at the supplier or due to closures for holidays, or other circumstances caused by force majeure.
8. Warranty and product safety
8.1 In the purchases made by consumers, the rules of law concerning security including, if applicable, the rules laid down by the Consumer Code.
8.2 The seller is obliged to deliver goods in conformity with the contract of sale in accordance with the parameters set forth by art. 129 paragraph 2 of the Consumer Code.
8.3 In the event of lack of conformity the consumer, within the limitation period of two
months from discovery of the defect or the defect in the product, you can contact the vendor and request restoration, without charge, the conformity of the goods by repair or replacement of the product.
8.4 The choice between repair and replacement is available to the consumer, except in cases where the remedy chosen objectively impossible or disproportionate to the other.
8.5 Repair or replacement of the product will be made within a reasonable period after receipt of the request.
8.6 In the event that the repair or replacement are impossible or excessively expensive or did not take place within a reasonable period or have caused significant inconvenience to the consumer, the consumer may request that his choice an appropriate price reduction or termination of contract.
8.7 It will not be for terminating the contract for minor defects, for which it was not possible or would be too costly to repair or replace.
8.8 The seller is liable under Article. 130 of the Consumer Code, where the lack of conformity becomes apparent within two years from delivery.
8.9 Under Article. 114 of the Consumer Code, in the event of damage caused by defects of the goods sold, the claimant must submit a request in writing to the seller of communication of the name of the creator (which incidentally with reference to multiple products is shown on the website in the product description) , addressed to the product that caused the damage, place and date of purchase. Within three months of the request, the seller will provide for the disclosure of the identity and address of the manufacturer or the person who supplied him with the good.
8.10 The preceding paragraphs shall not apply in the case of defects in products purchased by professional customers, for which the company subject to the extent required by law, makes no warranty further.
8.11 The food products are packed and packed directly from the manufacturer and delivered to the carrier on the recommendation of the seller of the goods. All products meet the criteria for certification of self-control and are processed and distributed in accordance with Regulations n. 852/04 / EC and 853/04 / EC on food hygiene and safety.
8.12 The seller declares, in accordance with the provisions in Regulation no. 178/2002 / EC to have available a system of traceability of the supply chain that allows the identification based on the production lot every product.
9. Right of withdrawal of the consumer
9.1 The consumer may in any case withdraw from the sales contract without giving any reason and without incurring higher costs, within the period of fourteen days from the date of acquisition of physical possession of the goods.
9.2 In the event of choice for the consumer to exercise the right of withdrawal, he will give prompt notice of its decision to the seller, using the form downloadable here to be sent by electronic mail to firstname.lastname@example.org or by any other statement explicit about his decision to withdraw from the contract.
9.3 In the event of compilation and submission in electronic form of the withdrawal form on these sites, the seller will be immediately communicated to the consumer an acknowledgment of receipt, in a durable medium, the withdrawal exercised.
9.4 The deadline for exercising the right of withdrawal is met if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.
9.5 The consumer is obliged to return the goods or hand them over to the trader or to a person authorized by the trader to receive them, without undue delay and in any event within fourteen days from the date on which he informs the trader his decision to withdraw from the contract.
9.6 The deadline is met if the consumer sends back the goods (delivery at the post office or shipping agent) before the expiry of the period of fourteen days.
9.7 The goods must be in the same state in which they were delivered and retain their original packaging and labels. The right of withdrawal applies only to goods intact at the time of return and can not be exercised for products here which, by their nature, can not be returned, for products made to specifications or clearly personalized, for supply of goods which are liable to deteriorate or expire rapidly.
9.8 The seller ascertained the conditions referred to in paragraph 9.7 will refund the amount paid, holding back the postage.
9.9 The costs of returning the product are borne by the consumer.
9.10 With regard to the reimbursement of the payments received from the consumer, please refer to the provisions of art. 5 of these general conditions of sale.
9.11 With reference to the hypothesis of the year excluding the right of withdrawal is drawn to art. 59 Legislative Decree. N. 206/2005, in particular with reference to the letters d) and e).
10.1 The seller protects the privacy of its customers and ensures that the data processing complies with the provisions of Legislative Decree no. June 30, 2003. 196.
10.2 The personal and fiscal data acquired by the data are collected in the form & telecom, with the purpose of registering the order and provide for the conclusion and execution of the contract (in terms of shipping and billing information), as well as to send commercial information and advertising by e-mail, only if specifically requested by the customer during registration.
10.3 All data collected can not be used for other purposes except those specified and approved by the customer, or disclosed to unauthorized persons and will be kept for the period necessary for the purposes above said.
10.4 After this time the data will be deleted or made anonymous. Their removal will still safely.
10.5 The owner of the data is the sole proprietor MCM Marco Borracchini Via Dello Spartitoio, 13, 51100 – (PT) Italy.
11. Storage Mode contract
11.1 The customer can keep a copy of these general conditions, using the normal functionality of your browser (eg. “File” → save as).
11.2 You can also download the general conditions of sale on PDF and store them, by clicking here.
11.3 The customer can store the data of your order, whether downloading, as provided above, saving with the support of the functions of your browser, the data summarized in the last page before the forwarding of all types, both waiting for the ‘ e-mail confirming your order will arrive, following the order is, the e-mail address provided by the customer.
11.4 This e-mail confirmation will contain the order data submitted by the client (information on the essential characteristics of the good or service, detailed information on price, terms of payment terms, withdrawal, delivery costs and applicable taxes), resulting ability to print or save these documents, making use of the functions of your email program, as well as links to download the general conditions of sale in PDF format.
11.5 The data of each order will be saved by the company on their systems in a special “folder”.
11.6 Each registered customer, by accessing the reserved “My Orders” in the “Customer Connection”, by entering your login credentials personal attributed at the time of registration to the site, may consult their order situation.
11.7 The Customer undertakes to treat confidentially your credentials for access to the said restricted area of the site and not to make them available to third parties.
12. Notifications and complaints
12.1 In compliance with the provisions of art. 7 paragraph 1 letter. c) Decree. n. 70/2003, for any problem, complaint, complaint, information on the purchase of products or the order forwarded the customer can contact the seller by e-mail email@example.com, or at the telephone number and fax 0573.23544, Mobile 3938047208 or postal address of the Via Spartitoio 13-51100 – Pistoia (PT), as well as submit requests through the area “Customer Service – Contact Us” feature provided by the website under “Contacts”.
12.2 If the customer decides not to use the service customers remain in any case without prejudice to any rights and acts permitted by law.
13.1 For all disputes arising from this contract, which shall be settled out of court, the court has territorial jurisdiction on an exclusive and binding is to Pistoia (Italy).
13.2 If the contract concluded with a consumer, hole territorial jurisdiction is the place of residence or domicile of choice of the consumer.
14. Applicable law and reference
14.1 This contract is governed by Italian law.
14.2 This does not affect, in the area of applicable law, the specific provisions for the protection of consumers in the EC Regulation. 593/2008 and the Rome Convention of 1980.