General Terms and Conditions of Online Sales / Online Purchase Contract
1.1 These general conditions of sale apply to purchases made through the website by Consumers and/or Professional Buyers, defined and identified as follows;
1.2 Depending on the buyer – Consumer or Professional Buyer – who will finalize the contract, different rules and regulations will apply, as better specified below.
2.1 The Seller is Ditta Mixato Di Posniak Andrea Johnathan – Via Ronchi Di S.F. Di Paola 1 Brescia (BS) VAT: PSNNRJ98R28B157W – with registered office in Brescia (REA BS-576499 acting in the performance of its business and commercial activity and promoting the sale of its products through the mechanism of distance contracts, through the platform e-commerce in compliance with the present General Conditions of Online Sales;
2.2 The Professional Buyer is the freelancer or the legal person who, through a designated and authorized natural person (legal representative, employee, associate) interacts with the e-commerce platform and stipulates an Online Sales Contract, in the exercise of his business and commercial activity;
2.3 The Consumer is the natural person acting for personal and non-professional purposes, unrelated to the entrepreneurial, commercial, craft or professional activity that may be carried out, as defined pursuant to art. 3, paragraph 1, letter. a), of Legislative Decreeno. 206 of 6 September 2005 ( Italian Consumer Code): “consumer or user: the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity that may be carried out;”;
2.4 The User is a visitor of the platform that interacts with the functions of the site: the definition includes both the Consumer and the Professional Buyer;
2.5 By Consumer Code is meant the Legislative Decree6 September 2005, n. 206 (Consumer Code) and subsequent amendments and additions;
2.6 The Contract or Contract of Sale is the contract of sale concerning all movable property present on the e-commerce portal which is concluded between the Seller and the Professional Buyer and/or the Consumer, within the framework of a system of sale through telematics tools, arranged by the Seller;
2.7 Parties include the Seller and the Consumer or the Seller and the Professional Buyer;
2.8 Portal or Platform or Website means the website managed by the Seller, through which the online purchase contract is finalized.
- General Provisions
3.1 The present General Conditions of Online Sales regulate the commercial relations between the Seller and the Consumer and/or the Professional Buyer and constitute an integral and substantial part of the contract of sale of movable property that will be concluded;
3.2 The present General Conditions of Sale must always apply: different conditions of sale established or envisaged by the Consumer and/or by the Professional Buyer can never become part of the contract between the Parties – not even in case of acceptance of the order by the Seller;
3.3 The Consumer and/or the Professional Buyer is aware that the General Conditions of Sale published on the present Portal may change. For this reason, each purchase is subject to and regulated exclusively by the General Conditions of Sale in force at the date of conclusion of the contract;
3.4 The Parties, in compliance with the mandatory rules of law, agree that if any provisions of these general conditions of sale are declared null and void or invalid, this will not affect the validity and enforceability of the other provisions that will remain fully valid and enforceable.
- Pre-contractual information to the consumer
4.1 Pre-contractual information for the Consumer is provided before the Consumer is subject to any online distance selling contract.In particular, the information required by art. 49 of Legislative Decree no. 21 of 21 February 2014 is provided on the pages of the website www.joeyellino.eu and is always available by clicking on the link “Terms and Conditions of Sale” on the Portal.
- Subject of the Online Sales Contract
5.1 The subject of the Online Sales Contract is any tangible and intangible movable property present on the Portal www.joeyellino.eu that the Seller offers for sale and that the Consumer or the Professional Buyer intends to purchase, through interaction with the aforementioned Platform, i.e. remotely through telematics tools.
5.2 The present Online Sales Contract regulates the conditions of purchase between the Seller and the Consumer or Professional Buyer based in Italy and requiring delivery in Italy.
5.3 The items that can be purchased through the procedure described above are only those that can be viewed on the pages of the Portal.The items can be viewed without prior registration to the Platform, but registration is necessary in order to finalize the purchase.
5.4 All the items that can be purchased are included in the site and organized into categories with the possibility for the user to navigate between the items using different methods that the web platform will offer according to the device used.In addition to the standard menu, users can search for products using an advanced text search system, apply filters to match the product’s characteristics (e.g. size, colour, cost, age, brand), or use special call to action and pop-ups.
5.5 For each item included in the Portal there is a complete product sheet with: product title, representative images, availability, possible score / rating, expected delivery date as well as a complete technical sheet and a description of the main characteristics of the product. This information will then be summarised when the User, by clicking on the “basket – go to basket” icon, checks the “contents of the basket” and the products inserted therein.
5.6 The User is aware that all the information provided on the Portal and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow identification of the item: any images or colours of the items offered for sale could have different effects in the real view of the same. Such possible discrepancies can be linked to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use etc.);
5.7 The Seller does not sell used, illegal or lower quality products than the corresponding standards offered by the market;
6.1 The prices of the items that can be purchased are indicated analytically on the site and are displayed unequivocally close to the product (in each section of the site). In some cases, where it is graphically impossible to place it near the item, the price will be applied above the image and visible by hovering the mouse over. All sales prices of the items displayed and indicated on the Website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code;
6.2 The prices indicated in correspondence of each of the items are valid until the date of on-line modification of the same. The Seller reserves the right to change prices at any time, by modifying the price of the item in the relevant product sheet.The current price will be visible to the User by browsing the Portal.The products remain property of the Seller until the total payment of the amount due has been received;
6.3 The sale prices are indicated for each item and are inclusive of VAT and taxes but do not include the shipping costs, which must be charged separately.The User can check the amount of shipping costs after adding the product to the basket, within the mask “contents of the basket”: below the summary of the items placed in the basket the User can check the type and cost of shipping.
6.4 All general shipping information, times and returns are available in the appropriate page “info-cost-shipping-returns”, while in the shopping basket is indicated the exact cost of the purchased items;
- Registration on the Portal
7.1 The User who wishes to register for a new account will be asked to enter his/her personal data.
7.2 The User who wishes to register for a new account will be asked to enter his/her personal data. The User who wishes to register for a new account will be asked to enter his/her personal data. By clicking on the “Account” link, the User can choose his/her profile and create a personal control panel where he/she can update his/her data if necessary, check the orders made and the history, view the invoices and make a request for returns;
7.3 The registration to the Portal does not envisage any obligation to purchase and can only be usefully completed by Users over the age of 18 and in any case complying with all the appropriate legal requirements for undertaking commercial actions and entering into contracts. The personal data collected (e.g. name, surname, e-mail, date of birth) will be processed in compliance with the provisions of Legislative Decree196/03 and subsequent amendments, for the purposes and within the limits indicated in the adopted by the Seller. The data provided must be accurate and updated if necessary. The information on the processing of personal data collected will always be available to users by clicking on the link “” on the Website.
7.4 The User who has completed the registration to the Portal will receive a “welcome” email with the confirmation of registration and all the access data (User ID) in addition to the email address used to register.
The User is responsible for his/her account and for all activities carried out and orders placed through it and is required to immediately inform the Seller of any data theft or unauthorized access;
7.5 The registered user can always manage his/her profile by accessing the personal control panel and modify the address and/or his/her personal information, as well as view the order history, invoices and access the return procedure;
7.6 The registered User can always view the catalogue of items available and purchasable, the relative product sheets, prices, costs and shipping methods and any other information necessary to finalize the purchase, as well as the history of delivered orders.
- Finalization of the Online Sales Contract
8.1 The registered user can select the desired item and place it in the basket by clicking on the “Buy” button. Once the purchases have been finalized, the User who wants to place the order must process the basket by clicking on the “go to the basket” buttonthat appears in the window that opens when hovering with the mouse over the icon of the basket.
At this point the summary page called “content of your basket” will appear, i.e. the summary of the items placed in the basket and ready for purchase, also indicated analytically in the price (by item and total), together with the delivery costs and payment methods accepted, from which the User can choose: the User can check and print the summary page before proceeding to the confirmation;
8.2 The User who, after viewing the summary sheet, decides to place the order, must click on the “Complete order” button;
At this point, after having filled in the various fields necessary for shipping and invoicing, and having chosen the desired payment method, the User shall read the General Conditions of Sale and click on the box, ticking which declares to have read, understood and accepted the Terms of Purchase. The Conditions of Sale can always be viewed and consulted by the User either by clicking on the relative button in the footer of the Website, or by clicking on the word (I accept the terms and conditions of sale) in hypertext format in the text of the box to be ticked;
8.3 To continue with the purchase of the item, the User, after having ticked the acceptance box of the General Conditions of Sale must select one of the available payment methods:
- Advance Bank Transfer
- PAYPAL, through the Paypal gateway with which the User can pay with his personal account
- Credit Card, through the Next Virtual POS Service
- Payment by cash to the courier in charge of the delivery of the purchased items.
The Online Sales Contract is concluded when the User receives the confirmation of acceptance of the order from the Seller;
8.4 At this point the User will receive an email of “acceptance” of the order containing the summary of the order, which confirms the receipt of the order by the Seller but does not constitute contractual acceptance of the order itself. The Online Sales Contract is concluded when the User receives the confirmation of acceptance of the order from the Seller;
8.5 The order confirmation email that the Seller will send to the User shall include the order number, a summary of the purchase, the link where the General Conditions of Sale can be read and all the information necessary to identify the Seller.
If needed, the invoice can be downloaded from the User’s personal account within 5 working days of the conclusion of the sales contract.
- Payment method
9.1 The payment of the products sold by the Seller through the Portal can only be made by one of the following means: Bank Transfer, Credit Cards, PayPal, Satispay and cash on delivery.
9.2 The User can select the desired payment method from the ” basket content ” page, which can be viewed by clicking on the “Go to basket” button, before proceeding with the purchase. The accepted payment methods will in any case be sent by the Seller by means of the summary email of the order “acceptance”;
9.3 Each User (both Professional Buyer and Consumer) declares to have the full right to use the chosen payment method. Each User must verify that the payment methods in his/her possession have sufficient credit to cover all the costs related to the purchases;
9.4 All communications relating to credit cards and similar payments are made on a special line of the Seller protected by an encryption system (Virtual POS Nexi).The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
- Delivery Terms
10.1 The Seller will deliver the products purchased by the User according to the available method indicated in the “contents of the basket” window;
10.2 The Seller will deliver the items by Express Courier, with a shipping time between 3 and 7 working days (except for products not available in stock) that start from the moment the online sales contract is finalized. The shipping terms are to be considered as indicative and not binding: any delays in the delivery of the items do not give the Consumer or the Professional Buyer the right to terminate the online sales contract, nor to claim damages;
10.3 During shipping, the items travel at the risk of the Consumer or Professional Buyer, so no liability can be charged to the Seller for any damage caused to the items during transport or in the event of theft of items already delivered to the Carrier, in the event that the consumer or Professional Buyer notices obvious damage to the packaging of the goods purchased must collect the same specifying the clause “Receipt subject to confirmation” to the Carrier.
10.4 For further information on order processing time and to know how to follow the shipment through the online tracking service, please check the sheet in the profile.
- Seller’s liability towards the Professional Buyer and Limitations
11.1 The Professional Buyer agrees to pay the price of the products purchased in the methods and under the terms described above;
11.2 With reference to the purchases made through this Website by the Professional Buyer, the warranty provided by the Seller is only that relating to Business2Business purchases and follows the general rules applicable (art. 1490 et seq. of the Italian Civil Code) and, in particular, operates only if the product is used in accordance with the uses for which it is intended;
11.3 Eight days after receipt of the items by the Professional Buyer, no claims will be accepted on the items ordered and delivered.Complaints shall be sent to the following addresses:………………
11.4 Returns will not be considered unless authorised and previously accepted by the Seller, for example in the case of a faulty product (the presence of the fault must be claimed within 8 days). In the event of a faulty product, the Seller will issue a credit note refunding the price paid or will replace the product.
- Rights of withdrawal and refund to the Consumer
12.1 The Consumer, as in art. 52 paragraph 2 of the Italian Consumer Code, has the right to withdraw from the online sales contract stipulated, without any penalty and without specifying the reason within the term of 14 (fourteen) days. The withdrawal period will expire after 14 days:
- a) in the case of a contract for the sale of a single item (purchase of a single item) “from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, receives the items”;
- b) in the case of a contract relating to multiple items ordered by the Consumer in a single order (Purchase of several items with the same order) and delivered separately: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself, receives the last item;
- c) in the case of a contract relating to the delivery of an item consisting of multiple lots or pieces: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, receives the last lot or piece;
12.2 Procedures for exercising the right of withdrawal: in order to exercise the right of withdrawal, the Consumer must inform the Seller of the decision to withdraw from the present online sales contract by means of an explicit statement to be delivered to the email address firstname.lastname@example.orgFor this purpose, the Consumer can use the type of withdrawal form available at the following link https://joeyellino.eu
12.3 In order to properly exercise the right of withdrawal, the Consumer shall express his/her willingness to withdraw, in the above-stated methods, by sending to the Seller within the period of expiration the aforesaid statement: the right of withdrawal is considered as correctly exercised if the communication relating to the exercise of the right of withdrawal is sent to the Seller before the expiration of the period of withdrawal. The exercise of the right of withdrawal is charged on the Consumer;
12.4 The right to return goods is understood to be exercised correctly if the following conditions are met:
- The type of withdrawal form indicated at the above link must be correctly filled in and sent online through the appropriate form within the mentioned time limit
- The items must not have been used, washed or damaged.
- Each tag and label must still be attached to the returned product as it is an integral part of the product;
- The products must be returned in their original packaging and sealed as before;
- The products must be delivered to the courier within 14 days from the request for withdrawal;
- The products must not be damaged.
12.05 To facilitate the Consumer, the contact details of the Seller are:Andrea Posniak
- Implications of the Withdrawal by the Consumer
13.1 Once all the above mentioned conditions of return have been met, the Consumer who withdraws from the present online sales contract shall be reimbursed for all the payments to the Seller, including the delivery costs (with the exception of the additional costs deriving from the possible choice of a different type of delivery from the less expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller has received the returned goods and has verified their integrity as per the conditions of return.Such refunds shall be processed using the same payment method used for the initial transaction, unless the Consumer has expressly requested otherwise; in any case, the Consumer shall not bear any costs as a consequence of such refund;
13.2 The refund may be suspended until receipt of the items or until the Consumer has proved that the items have been returned, whichever is earlier;
13.3 If the Consumer has received the items covered by the online sales contract, he/she must return the items to the addresses indicated in the relevant section of the Website, without undue delay and in any case within 14 days from the day on which the Consumer communicated his/her withdrawal from this online sales contract. The deadline is met if the items are returned within the 14-day period.
13.4 The direct costs of returning the items will be charged on the Consumer, who has the opportunity to return the items using the courier indicated by the seller, at agreed prices. The actual cost of the return will in any case be linked to the method of return chosen by the Consumer (for example, the carrier or the type of shipment chosen);
13.5 In the event that the Seller has not met the obligations of information related to the existence of the right of withdrawal, methods and times of return or withdrawal of the items in case of exercise of the right of withdrawal, the period for exercising the right is 12 months after the end of the initial withdrawal period as indicated in the previous point. If the Seller provides the information indicated within the period of 12 months after the end of the initial withdrawal period, the right of withdrawal ends 14 days after receipt of the information by the Consumer;
13.6 Upon receipt of the communication with which the Consumer informs of the exercise of the right of withdrawal, the Parties (Seller and Consumer) are discharged from their reciprocal contractual obligations, without prejudice to the obligations of the Consumer and the Seller previously mentioned.
- Exclusions of the Consumer’s right of withdrawal
14 The Italian Consumer Code includes exclusions to the right of withdrawal, in particular the right of withdrawal for distance contracts and contracts negotiated away from the business premises. The right is excluded in relation to:
- service contracts after the complete performance of the service if the execution has begun with the express agreement of the Consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the online sales contract by the Seller;
- the supply of goods or services whose price is linked to fluctuations in the financial market that the Seller is not able to control and that may occur during the withdrawal period;
- the supply of goods made to the consumer’s specifications or clearly personalized;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller;
- contracts in which the Consumer has specifically requested a visit by the Seller for the purpose of carrying out urgent repair or maintenance work if during such visit, the Seller provides services in addition to those specifically requested by the Consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal shall apply to such additional services or goods;
- the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- contracts concluded at a public auction;
- the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
- the supply of digital content in a non-material form if performance has begun with the Consumer’s express agreement and acceptance of the possibility to lose the right of withdrawal.
- Liability and obligations of the Seller towards the Consumer: liability for defects, proof of damage and compensable damages.
15.1 The Consumer agrees to pay the price of the items in the methods and according to the terms described above and to print and keep the order confirmation email containing the order number, a summary of the order made and the General Conditions of Sales;
15.2 Pursuant to articles 114 et seq. of the Italian Consumer Code, the Seller is liable for damage caused by defects in the items sold if he/she fails to communicate to the injured party, within three months of the request, the identity and address of the producer or of the person who supplied the items to him/her;
15.3 The above request, on the part of the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it shall also include the offer in view of the product, if still present;
15.4 The Seller shall not be held liable for the consequences of a faulty product if the defect is due to the conformity of the product, an imperative legal provision or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered faulty;
15.5 No compensation will be payable if the damaged party was aware of and willfully ignored the defect and danger involved. In any case, the damaged party must prove the defect and the damage and the causal relationship between the two.
15.6 The damaged party can seek compensation for damage caused by death or personal injury or destruction or deterioration of items other than the defective product, provided they are of a type ordinarily intended for private use or consumption, and so mainly used by the damaged party.
15.7 The damage to property referred to in art. 123 of the Italian Consumer Code shall, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);
15.8 Under no circumstances may the Consumer be held responsible for delays or misunderstandings in payment if the payment has been made in the times and methods indicated by the Seller;
15.9 The Seller shall not be held liable for damages, losses and costs incurred by the Consumer as a result of failure to perform the contract for reasons not attributable to him/her, since the Consumer is only entitled to a full refund of the price paid and any additional charges incurred.
- Right of withdrawal of the Seller
16.1 The seller is recognized according to art. 1373 of the Italian Civil Code the right of withdrawal ad nutum within 14 days from the order confirmation referred to in paragraph 8.5. This withdrawal may be exercised by sending an email to the mailbox provided by the User during registration.
16.2 The User will be refunded all payments made to the Seller, including delivery costs, using the same payment method used for the initial transaction.
- Warranties and Customer Care Procedures
17.1 The Seller shall be liable for any lack of conformity which may arise within two years (24 months) from the delivery of the items to the Consumer;
17.2 For the purposes of this contract, goods shall be deemed to comply with the contract if, where relevant, the following circumstances exist: a) the items are suitable for the use for which goods of the same type are usually used; b) the items conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) the items have 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 goods and, if applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, the producer or its agent or representative, in particular in advertising or labelling; d) the items are also suitable for the particular use desired by the Consumer and which the latter has 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;
17.3 The Consumer shall forfeit all rights if the lack of conformity is not reported to the Seller within a period of two months from the date on which the defect was detected. The report is not necessary if the Seller has acknowledged the existence of the defect or concealed it;
17.4 Unless proved otherwise, it is presumed that defects of conformity which become apparent within six months of delivery of the goods already existed at that date, unless this assumption is incompatible with the nature of the goods or with the nature of the lack of conformity;
17.5 In the event of a lack of conformity, the Consumer may request, alternatively and free of charge, under the conditions indicated below, the reparation or replacement of the items purchased, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Italian Consumer Code;
17.6 The request must be sent in writing, by registered letter with return receipt, by certified e-mail, or simply by e-mail to the Seller, who will specify the willingness to proceed with the request, or the reasons that prevent the request from being accepted, within seven working days of receipt.In the same communication, if the Seller has accepted the Consumer’s request, the method of shipment or return of the items shall be indicated, as well as the term provided for the return or replacement of the defective item;
17.7 If reparation and replacement are impossible or excessively burdensome, or if the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, if the replacement or reparation previously carried out has caused considerable problems for the Consumer, the latter may request, at his/her choice, a reasonable reduction in the price or termination of the contract. In this case, the Consumer must send the request to the Seller, who will indicate the willingness to proceed with it, or the reasons that prevent the request from being accepted, within seven working days of receipt;
17.8 In the same communication, if the Seller has accepted the Consumer’s request, it shall indicate the reduction in the price proposed or the methods of returning the faulty items.In such cases, the Consumer shall indicate the methods for the reimbursement of the sums previously paid to the Seller;
17.9 The Consumer may inform the Seller of any complaints or request support and assistance by e-mail at the following addresses:email@example.com
- Use of the Portal and Seller’s/Users Responsibility
18.1 The User benefits from the services offered by the shop-on-line platform at his/her expense, like for example the supply of the PC and the Internet connection;
18.2 The Seller is not responsible for the improper use of the Website by the Users, for inefficiencies or malfunctions of the Website and does not assume responsibility for inefficiencies attributable to force majeure, in the event that it is unable to execute the order within the timeframe provided for in the contract;
18.3 In the event of non-performance of the contract for reasons not attributable to the Seller, the latter shall not be liable towards the Professional Buyer or Consumer for damages, losses or costs incurred, the Buyer having the right to full refund of the price paid and any additional charges incurred;
18.4 The Seller assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other payment methods, if all possible precautions based on the best current practice and experience, along with ordinary due diligence, have been taken.
18.5 The Portal is available without the issue of any specific warranty or license: the User assumes all risks associated with the use of the Internet and computer applications (hardware and software) and must ensure the compliance with the basic safeguards of computer security (antivirus programs, firewall, etc..) and avoid downloading unsafe or dangerous material;
18.6 The Seller is not responsible and is not liable for any viruses, malwares or any problems related to the Internet browsing as they do not depend on the work of the Seller;
18.7 In particular, the Seller declines any responsibility related to the following:
- a) Incompatibility of the Website with the equipment, software and telecommunication links available to the User;
- b) Attacks incurred to the Buyer/Consumer during the Internet browsing (for example: viruses, malware, etc.);
- c) Damage to computer equipment/software that the Professional Buyer uses for navigation not directly attributable to the Seller;
- d) Disservices or malfunctions of the Portal due to force majeure;
- e) Disservices or malfunctions connected with the use of the Internet outside the control of the provider or its subcontractors, except in the case of willful misconduct or gross negligence;
- f) Interruption of the shop-on-line service;
- g) Fraudulent and illegal use by third parties of credit cards, checks and other payment methods, upon payment of the products purchased, if all possible precautions based on the best science and experience of the moment and based on ordinary diligence, have been taken.
18.8 Once the online purchase procedure is complete, the User shall print and store safely the present contract.
- Causes of resolution
19.1 The obligations referred to in points 11.1 and 15.1, assumed by the Parties, are essential, so that the non-fulfilment of only one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the termination of the contract by law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.
- Storage of the Contract
20.1 Pursuant to Article 12 of Legislative Decree 70/2003, the Seller informs the Consumer and/or the Professional Buyer that each order sent is stored in digital/paper form at the Seller’s registered office or on the information system/IT tools of the Seller’s service providers, whose relations are governed by a regular service contract (e.g. Server Farm).
- Intellectual property
21.1 The Seller retains all intellectual property rights on the products offered for sale on the Portal, in particular with respect to models, images, features and specifications of the product and other information that may be accessible to Users and more generally to visitors of the Website;
21.2 It is forbidden to copy, sell, take possession of or otherwise share the images displayed on the Portal without the prior permission of the Seller. Any violation shall be punished in accordance with the applicable laws.
- Protection of personal data
- Applicable law and court of jurisdiction
23.1 This Agreement is governed by Italian law.
23.2 The contract concluded by the Professional Buyer is regulated by the Civil Code, in particular by art. 1341 and following, art. 1470 and following;
23.3 Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Professional Buyer declares to have carefully read and specifically approved, by means of the double point click mode, the clauses referred to in point 15 entitled “Liability and obligations of the Seller towards the Consumer: liability for defects, proof of damage and compensable damages.”, point 23.5. which indicates the competent court in the event of disputes, and point 16 which regulates the right of withdrawal of the Seller.
23.4 With regard to the contract concluded by the Seller with the Consumer, although not expressly provided for herein, the provisions of the law applicable to the relationships and cases provided for in this contract shall apply: art. 1341 et seq. and art. 1469 bis, as well as art. 1470 et seq. of the Italian Civil Code and Italian Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I, which the consumer will see applied in full. The Consumer declares to specifically approve point 16 which regulates the right of withdrawal of the seller through the double point click mode.
23.5 The Court of Brescia shall have exclusive jurisdiction over any dispute arising between the Seller and the Professional Buyer in connection with the online sales contract or these General Conditions.
23.6 For any dispute related to the online sales contract or these General Conditions that may arise between the Seller and the Consumer, the competent court is exclusively the place of residence or domicile of the Consumer if located in the territory of the state, mandatory pursuant to art. 66 bis of the Consumer Code.