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Terms of sale

www.simonetessadori.com (reference website)

Supplier identification

The goods covered by these general conditions are offered for sale by Simone Tessadori & C. Srl , registered with the Brescia Chamber of Commerce of the Business Register BS – 603407, Tax Code 04293040988, VAT number 04293040988 hereinafter referred to as “ Supplier “.

Art. 1 – Definitions

1.1. The term “online sales contract” means the sales contract relating to the Supplier’s movable tangible assets, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier.

1.2. The term “Buyer” means the 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. The expression “Supplier” means the person as identified above or the person who sells the goods through the website indicated in the following article.

Art. 2 – Object of the contract

2.1. With this contract, the Supplier sells and the Purchaser remotely purchases, via telematic tools, the tangible movable goods presented and offered for sale on the site https://simonetessadori.com

2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal accessible at: https://simonetessadori.com

Art. 3 – Methods of stipulating the contract

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet in remote telematic mode, by accessing the Buyer at the web address https://simonetessadori.com , where, following the procedures indicated therein, the Purchaser formalizes the purchase of the goods referred to in point 2.1 of the previous article.

Art. 4 – Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded following the timely completion of the registration form by the Buyer – with the provision of consent to the processing of personal data, according to the Privacy Policy of the website, by accepting the “Terms and conditions of sale “- (insert where the conditions and terms of sale and the privacy legislation are indicated so that the buyer can know where to find them) and the sending of the purchase form filled in by the system after the insertion of the selected products in the cart electronic. Before the final sending of the order, the Purchaser will be invited to check the contents of the cart, with a summary of the same in which the details of the orderer and the order, the price of the selected goods, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and terms for exercising the right of withdrawal.

4.2. When the Supplier receives the order from the Purchaser, he sends a confirmation e-mail or displays a web page confirming and summarizing the order itself, in which the recalled data are also reported in the previous point.

Art. 5 – Methods of payment and reimbursement

5.1. Payment by the Buyer can only be made by means of one of the methods indicated in the purchase procedure by the Supplier.

5.2. Any refund to the Buyer will be credited using the same payment method chosen by the same at the time of placing the order. The Supplier, in the event of exercising the right of withdrawal, will then refund the purchase price immediately after receiving the return of the sold goods and verifying the state of the same. The shipping costs incurred for the return of the goods remain the responsibility of the Buyer.

5.3. All communications relating to payments are made using third-party encryption systems to protect the transactions carried out (eg PayPal / Stripe payment system).

Art. 6 – Delivery times and methods

6.1. The Supplier will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.

6.2. Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the same, as required by current legislation. In the event that the Supplier is unable, for whatever reason, to ship within this period, it will promptly notify the Buyer by e-mail sent to the address provided by the latter during the purchase procedure.

6.3. At the time of delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing tapes if present.

In the event that the delivered goods show any damage presumably caused by transport, the Purchaser may refuse the delivery and immediately notify the Supplier, who will make the necessary complaints to the shipper, arranging for a new shipment once the return has been received. disputed goods.

In the event that the customer still decides to accept the goods in delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard his rights he must challenge the courier for the unsuitability of the package, affixing the writing “RESERVE OF GOODS CONTROL DUE TO… ”(indicating the reason for the reservation in question) on the delivery document, of which he must keep a copy.

Art. 7 – Prices

7.1. All product sales prices are indicated on the web address https://simonetessadori.com/shop , are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc.

7.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the Buyer and contained in the summary web page of the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog. Any promotional offers are specifically indicated and marked on the site with the words “promotional offer”, “product in promotion” or by equivalent names.

Art. 8 – Availability of products

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, the number of products available and those not available, as well as the shipping times.

8.2. Should an order exceed the available quantity, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order. or less.

8.3. The Supplier’s computer system will confirm the successful registration of the order as soon as possible by sending the Buyer a summary e-mail, pursuant to point 4.2.

Art. 9 – Limitation of liability

9.1. The Supplier assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances.

9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.

9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him.

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 it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.

9.5. Indicate which precautions are taken to limit any computer fraud in payments (eg. “All communications relating to payments take place on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the subject of protection of personal data “.

Art. 10 – Obligations of the Supplier for defective products, proof of damage and refundable damages. Non-attributable breaches.

10.1. 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 to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer has put the product into circulation, it still did not allow to consider the product as defective.

10.2. 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. In the same way, defects deriving from bad and / or incorrect use of the purchased goods, from external causes (eg bumps, falls, etc.), from carelessness and improper use, are not attributable to the Supplier’s responsibility.

10.3. In any case, the damaged party must prove the defect, the damage and the causal connection between defect and damage.

10.4. The Supplier is not responsible for the failure or delayed execution of the Contract if this depends on disservices attributable to force majeure, unforeseeable circumstances, or in any case not attributable to the Supplier. Except for the hypotheses referred to in art. 1229 Cod. Civ., No compensation will therefore be due to the Buyer, who will only have the right to the full refund of the price and any ancillary charges paid.

Art. 11 – Guarantees and methods of assistance

11.1. The Supplier is liable for any lack of conformity that occurs within 2 (two) years from delivery of the goods.

11.2. The Buyer loses all rights if he does not report the lack of conformity to the Supplier within 2 (two) months from the date on which the defect was discovered.

11.3. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months 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.

11.4. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier. Products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to defects and / or manufacturing defects are not covered by the warranty.

11.5. The request must be received in writing, by registered letter with return receipt, to the Supplier at the following address Simone Tessadori & C. Srl Via Camillo Brozzoni, 25125 Brescia, who will indicate his willingness to proceed with the same – or the reasons that prevent him from do it – within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.

Art. 12 – Obligations of the Buyer

12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.

12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received by e-mail attached to the purchase order confirmation.

12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer – who acknowledges it – before confirming the purchase, through electronic procedures.

Art. 13 – Right of withdrawal

13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without paying any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt of the purchased good.

13.2. In the event that the Purchaser decides to exercise the right of withdrawal, he must notify the Supplier by e-mail at assistenza@simonetessadori.com.

13.3. The return of the goods by the Buyer – under penalty of forfeiture – must take place at the latest within 14 (fourteen) days from the date of communication of the withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in its original packaging and without having been used by the Buyer.

If the returned good is damaged, or shows signs of wear connected to manipulations not strictly necessary to immediately and directly establish its nature, characteristics and its functioning, the Supplier will withhold from the refund an amount corresponding to the decrease in its value. Therefore, in the event that the returned goods are damaged (for example in the presence of abrasions, scratches, scratches, or other deformations, etc.), or not complete with each element or its accessory (including labels, tags, etc.), do not accompanied by attached instructions / notes / manuals, original packaging and / or packaging (or, in any case, adequate), or by the relevant guarantee certificates (if any), the Buyer will be liable for the decrease in the value of the asset, with the right to reimbursement for an amount equal to the residual value of the asset itself.

13.4. For the purposes of exercising the right of withdrawal, pursuant to this article, the Buyer is responsible for the direct costs of returning the goods to the Supplier.

13.5. The Supplier will refund the price paid by the Buyer after receiving the goods subject to the withdrawal, without prejudice to the conditions referred to in point 13.3 above so that the Buyer can obtain the aforementioned refund.

13.6. By receiving the e-mail 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.

Art. 14 – Protection of confidentiality and processing of the Buyer’s data

14.1. The Supplier protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation pursuant to Legislative Decree June 30, 2003, n. 196 and to the REG. EU 2016/679.

14.2. The personal and fiscal data acquired by the Supplier, the data controller, are collected and processed in the forms and in the manner prescribed by the site’s Privacy Policy.

Art. 15 – Communications and complaints

15.1. Written communications directed to the Supplier and any complaints will be examined only if sent by e-mail to the following address: assistance@simonetessadori.com . The Purchaser undertakes to indicate in the registration form on the website his residence or domicile, the telephone number and the e-mail address to which he wishes the communications of the Supplier to be sent.

Art. 16 – Out-of-court settlement of disputes

As per EU Regulation 524/2013 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0001:0012:IT:PDF) the Buyer is informed of the right to defer the resolution of any dispute with the Supplier – regarding the offer and purchase of goods and / or services promoted online – to entities / companies / offices active in alternative dispute resolution (so-called ADR – Alternative Dispute Resolution), through web procedures, simple, fast and cheap (so-called ODR – Online Dispute Resolution).

The resolution of any dispute arising and / or connected to this Agreement may, however, be devolved to an attempt at mediation / conciliation at the Brescia Chamber of Commerce, Industry, Crafts and Agriculture, which will decide in accordance with the relevant Mediation / Conciliation Regulations. For any further information on this point, please visit the following website www.bs.camcom.it.

17) Competent court and law applicable to the contract

Any dispute between the Supplier and the Buyer concerning the Contract, and its execution, will be governed by Italian law and administered, except for exceptions, by the courts of the consumer forum. In any case, the Purchaser will be guaranteed the rights conferred by the mandatory consumer protection regulations in force in the relative country of residence and / or domicile.

For the reference rules regarding the competent court and the law applicable to the Contract, please refer to art. 66 bis of the Consumer Code, in art. 18 of Reg. EU 1215/2012, art. 6 of Reg. EU 593/2008, as, finally, to articles 3 and 57 of Law no. 218/1995.

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