GENERAL CONDITIONS OF SALE
1.1. These general conditions of sale apply to the purchase of products branded "Carla G." (Hereinafter "Products") done by users classified as "Consumers" through the site of e-commerce www.carlag.it (hereinafter the "Site"), pursuant to article 1.2.
The site is owned and managed by CARLA G. Srl (the "Owner"), with registered office at Via Veneto 471 - 40038 Vergato - BO - Italy, tax code, VAT number and registration number with the Companies Register of Bologna n. 02444751206.
1.2. Purchases of products made through the Site will see CARLA G. Srl as Seller (hereinafter the "Seller"), and the person who proceeds to the purchase of one or more products for purposes not related to his trade or business, as buyer (hereinafter the "Consumer"), (Seller and Consumer hereinafter will be together referred to as the "Parties").
1.3. CARLA G. Srl is part of these general conditions of sale and is the owner of the rights to the domain name of the website, logos and trademarks, related to the products presented on the Site, as well as the copyright in the content of the Site.
1.4. Any communication of the Consumer connected and / or related to the purchase of products - including any reports, complaints, requests concerning the purchase and / or delivery of products, exercising the right of withdrawal, etc., must be sent to the Seller at the address and in the manner specified on the Site and to the e-mail address: firstname.lastname@example.org.
1.5. Each purchase is regulated by the general conditions of sale in the version that will be published on the site at the time of transmission of the order by the Consumer.
1.6. The Web site is dedicated to retail and as such is intended for the exclusive use of Consumers. Should one or more sales be made against a person not qualified as Consumer, will apply these general conditions of sale but some contracts terms shall not be applicable, in particular:
a) the purchaser will not be given the right of withdrawal pursuant to Article 10;
b) the purchaser will not benefit from the Consumer's guarantee on the products referred to in Article 8;
c) the purchaser will not be recognized any other safeguards, hereunder in favor of the Consumer, that reflect or comply with mandatory provisions of law;
1.7. When transmitting the purchase order, the Consumer accepts that the confirmation of the information about his order and these terms and conditions of the sale are sent via e-mail at the address stated during registration to the Site or during buying process.
1.8. In order to make purchases through the Web site, the Consumer must have the legal age (18 years) and the ability to act, which the Consumer declares to possess.
2. Characteristics of products and their availability in different geographical areas
2.1. The products are sold with the characteristics described on the site and under the general conditions of sale posted on the website as of the date of the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to change these general conditions of sale at any time, at its discretion, without giving any notice to users of the site. Any changes will be effective from the date of publication on the website and will apply only to subsequent sales.
2.3. The prices, the products for sale on the Site and / or their characteristics, are subject to change without notice. Before sending the purchase order pursuant to paragraph 3, the Consumer is asked to check the final sale price.
3. How to Buy Products - Purchase Contract
3.1. The presentation of products on the site, not binding on the Seller, is a mere invitation to the Consumer to make a purchase contract proposal and not a public offer.
3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of the contract proposal and is governed by these general terms and conditions, which are an integral part of the order and the Consumer, through the transmission of the order to the Seller , he is obliged to accept fully and without reservation. Before buying the products, by sending the purchase order, Consumer will be asked to read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and save or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in entering data.
3.3. The purchase order is accepted by the Seller by sending to the Consumer, to the email address stated at the time of registration on the Site, an e-mail of confirmation of the order, which will show the link to the text of these general conditions of sale, the summary of your order and the description of the characteristics of the product ordered. The order of the Consumer, the order confirmation of the Seller and the general terms and conditions applicable between the parties will be stored electronically by the Seller in his IT systems and the Consumer may request a copy by sending an e-mail to the Seller at the address: email@example.com
3.4. Any purchase of the Products contract is concluded when the Consumer receives the order confirmation by the Seller via e-mail.
4. Procedure for the selection and purchase of the Products
4.1. The products presented on the Site may be purchased through the selection of products of interest to the Consumer and their insertion into the virtual shopping cart. After the selection of products, in order to complete the purchase of products in the shopping cart, the Consumer will be invited to register on the site, providing the required information, or to log on, if the Consumer is already registered. The Consumer will see a summary of the order to be executed and at this stage he can change the contents: therefore, after careful reading, must expressly approve these terms and conditions of sale, through the appropriate tick (check-box) on the Site, and finally, through the button "Enter order", the Consumer will be required to confirm the order, which will be so definitively sent to the Seller and will produce the effects described in the previous paragraph. 3.2. The Consumer will also be asked to choose the method of payment, among those available. For accounting and administrative purposes, the Seller reserves the right to verify information given by the Consumer. If payment is made by credit card, the purchase amount will be charged only at the time of transmission of the order confirmation by the Seller to the Consumer.
5. Supply of goods and acceptance
5.1. The site indicates the availability of products and expected delivery times, however this information is purely indicative and not binding for the Seller until the confirmation of the order by the Seller.
5.2 The Seller undertakes to do everything in their power in order to respect the delivery times indicated on the Site from the day following that on which the Consumer forwarded his order. In case of failure to execute the order by the Seller, due to the temporary unavailability of the product, the Seller will provide written notice to the Consumer, and will refund any amounts already paid by the Consumer for the payment of the products under the following par. 5.3.
5.3. Shipment of products ordered by the Consumer will be in the mode selected by the Consumer between those available and indicated on the site at the time of order. The Consumer undertakes to check promptly and in the shortest period possible that the delivery includes all and only those purchased and to inform the Seller of any defect of the goods received or other deviations from the order made by following the procedure referred to in Art. 8 of these general conditions of sale. In absence of such notification by the Consumer Products shall be deemed accepted. If the package of products ordered by the Consumer were to reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or take delivery as "conditional".
6. Prices, shipping costs, taxes
6.1. The price of the products is that indicated on the site at the moment the order is confirmed by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), and do not include shipping costs that are calculated before order confirmation sent by the Seller to the Consumer, which the Consumer agrees to pay to the Seller in addition to the products price displayed on the Site.
6.2. The Consumer shall pay to the Seller the total price, as reported in the order and in the confirmation order sent by e-mail by the Seller to the Consumer.
6.3. If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer hereby agrees to pay, when due, in addition to the price indicated in the order and confirmed in the order confirmation, as provided by the law of the country in which the products will be delivered . The Consumer is invited to check with the relevant bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied .
6.4. The Seller will charge the Consumer of any possible further costs, charges, tax, duty that a given country may apply, for whatever reason, to the products ordered under the general conditions of sale.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, fees and / or taxes referred to in paragraphs 6.3. and 6.4., when sending an order to the Seller, shall not constitute cause for termination of this contract and shall not in any way charge these costs to the Seller.
7.1. The payment of the price of products purchased through the site will be carried out simultaneously with the transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly agree that the execution of the contract by the Seller will commence at the accreditation of the price of the the products purchased to the bank account of the Seller.
7.2. Payment can be made by credit card, subject to the conditions described below. The Vendor may allow additional means of payment, indicating them in the payment section of the site.
7.3. If payment is made by credit card, the Consumer will be transferred on a protected site and credit card details will be sent to UNICREDIT, with registered office in Via Alessandro Specchi n.16 -00186 Rome Italy, registered with the Register of Companies of Rome, Code Tax and VAT number 00348170101, operator in charge of payments on behalf of the Seller. The transmitted data will be sent in secure mode, by transferring encrypted data. These data are not accessible even to the Seller.
7.4. The Seller will transmit to the Consumer the invoice of purchased products and delivery charges.
8. Legal guarantee of conformity of the Seller, reporting of lack of conformity and warranty work
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and Italian Legislative Decree n. 206/2005 (Consumer Code), Seller warrants to the Consumer that the products will be free from defects in design and material and conform to the descriptions published on the Website for a period of two (2) years from the date of delivery of products to the Consumer . It excludes the application of any guarantee in case of use or washing the product not compliant with its Product and instructions or warnings supplied by the Seller or by the producer, or written in manuals, or tags or labels.
8.2. To the validity of this warranty, the Consumer il responsible to report any defects and non-compliance no later than 2 (two) months after the discovery, by transmitting the appropriate form properly filled [click here to download the return form for defective product] to the Seller, by e-mail at the address: firstname.lastname@example.org
8.3. Following receipt of the request and accompanying documentation, the Seller will evaluate the defects and non-compliance reported by the Consumer and, after performing quality checks designed to verify the non-conformity of the Product, it will decide whether to allow the return of the Products by sending to the Consumer a module containing the "Return Code". That form will be sent to the e-mail address provided by the latter during the registration process to the Site or in the process of transmission of the order. Authorization to return the products will not be in any way recognition of defects or non-compliance, the existence of which will be determined after the return. The products of which the Seller has authorized the return shall be sent back by the Consumer, along with a copy of the notice of return authorization bearing the "Return Code", within 14 (fourteen) days from the notification of the defect or non-compliance, to the following address: CARLA G. Srl Via Veneto 471 - 40038 Vergato - Bologna - Italy.
8.4. If Seller is required to reimburse to the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the product or by bank transfer. It will be responsibility of the Consumer to communicate to the Seller, by e-mail at email@example.com , the bank details to make the transfer in his favor and to ensure that the Seller has all the information needed to return the amount due.
9. Liability for defective products
9.1. As for any damage caused by faulty products, will be applicable the provisions in Directive 85/374 / EEC and in the Italian Legislative Decree n. 206/2005 (Consumer Code). The Seller, in its capacity as a distributor of products through the Site, is free from any responsibility, without exception, indicating the name of the related producer of the product.
10. Right to withdraw
10.1 The Consumer is entitled to withdraw from any contract confirmed pursuant to these general conditions of sale, without penalty, within 14 (fourteen) days since the product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform CARLA G. Srl, within the period referred to in paragraph 10.1, about his decision to cancel, sending the request form by e-mail at firstname.lastname@example.org
10.3 Following the provisions of paragraph 10.2 the Consumer will receive an email confirmation of the withdrawal, including the number of return authorization to be included in the package and the instructions to proceed with the return of the product, which shall be sent no later than the next 14 days to the following address: CARLA G. Srl, Via Veneto 471 - 40038 Vergato - BO - Italy.
10.4 If the Consumer has received the product, he must return it CARLA G. Srl without undue delay and, in any case, within 14 days from the day he announced the withdrawal. The risks and the direct costs of returning the goods will be borne by the Consumer if he returns the product after th term of 14 days or in a way different from the itructions said in the previous paragraph 10.3
qualora egli restituisca i prodotti oltre il termine di 14 giorni oppure con modalità diverse da quelle indicate nella conferma di autorizzazione al reso di cui al precedente paragrafo 10.3.
10.5 Once returned the products, the Consumer will be refunded of the payments, including the cost of delivery (except for the additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) .Those Refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer does not require repayment by different means. In this case will be charged to the Consumer any additional costs arising from the different means of payment.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (eg with signs of wear, abrasion, scratch, deformation, etc.), or not complete in all their elements and accessories (including labels and tags intact and attached to the product), or not accompanied by the instructions, or notes, or manuals, withthe original packaging and guarantee certificate, if any, the Consumer will respond of the decrease of the goods value and will be entitled to a refund of the amount equal to the residual value of the Products . To this end, therefore, the Consumer is asked to not manipulate the product beyond what is strictly necessary to establish the nature, characteristics and functioning and to keep the original wrappings on the Products with additional protective packaging, that preserves the integrity and protect it during transport even from writing or labels.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, trade names, as well as any distinctive sign, name, image, photograph, written text or graphics used on the Website or relating to the Products are and remain the exclusive property of CARLA G. Srl and / or its successors. Access to the Site and / or purchase of products do not cause any transfer of the same rights to the Consumer.
11.2. The contents of the Site shall not be reproduced in whole or in part, nor be transferred by electronic or conventional means, nor modified, nor used for any purpose without the prior written consent of CARLA G. Srl.
12. Consumer information and protection of privacy
12.1. In order to register, and then to send the product order, some personal information are requested through the website to the Consumer. The Consumer acknowledges that the personal data will be recorded and used by the Seller and by CARLA G. Srl, in accordance with, and subject to, rules laid down in Italian Law Decree. N. 196/2003 - Privacy Code, in order to execute each purchase made through the Website and, subject to their consent, for any additional activities as indicated in the privacy statement provided to the Consumer through the website at registration.
12.2. The Consumer represents and warrants that the data provided to the Seller during the registration and purchasing process are true and correct.
12.3. The Consumer may at any time update or change his personal data provided to the Seller, through the appropriate section of the website: "My Account", accessible upon authentication.
13.1. Although the Seller adopts measures to protect personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communication over the Internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Site, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
13.2. The Seller, as to the records relating to payments by credit card, uses the services of the company UNICREDIT, which adopts technology systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Governing Law and Jurisdiction
14.1. Every sales contract concluded between the Seller and the Consumer under these general conditions of sale shall be governed by and understood in accordance with Italian law and in particular by Legislative Decree 6 September 2005 N. 206 on consumption, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects of electronic commerce. In any case, they will be without prejudice to any rights granted to Consumer by mandatory provisions of law in force in his country.
14.2 Any dispute will be referred exclusively to the Court of Bologna, except in cases where this provision is not applicable due to mandatory legal regulations in force in the country of residence of the Consumer.