The Buyer expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.
Supplier Identification
The goods covered by these general conditions are offered for sale by Maglificio Annamaria Srl based in Mussolente, Via Vittoria 75, registered with the REA with no. 268766, tax code and VAT number 04268770247 and hereinafter referred to as the “Supplier”.
‘BLACK FRIDAY’ PROMOTIONAL SALES REGULATIONS
During the ‘3×2’ promotion the accepted payment methods are: credit card, Paypal, GPay and Apple Pay.
Cash on delivery and bank transfer payments are excluded.
Free shipping is excluded for orders over 100.00 euros.
In case of item exchange, the collection and shipping costs are borne by the customer (€6.90+€6.90).
The right of return does not apply to products belonging to the 3×2 promotion: returning one or more items would cancel the promotion created for the overall purchase.
Article 1
Definitions
1.1. The expression “online sales contract” means the purchase and sale contract relating to the Supplier’s tangible movable assets, stipulated between the Supplier and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier. .
1.2. The expression “Buyer” means the consumer, a 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 indicated in the epigraph or the person providing the information services.
Article 2
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic tools the tangible movable goods indicated and offered for sale on the website www.maglificioannamaria.it
2.2. The products referred to in the previous point are illustrated on the web page: www.maglificioannamaria.it
Article 3
Method of stipulation of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address www.maglificioannamaria.it , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 2.1 of the previous article.
Article 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact completion of the request form and the consent to the purchase expressed through the subscription sent online or by completing the form attached to the online electronic catalog at the address www.maglificioannamaria.it/checkout and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the goods purchased, the shipping costs and any further ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Article 5
Payment and refund methods
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated on the specific web page by the Supplier.
5.2. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by the art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special Supplier line protected by an encryption system. The Supplier 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.
Article 6
Delivery times and methods
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of offering the goods, as confirmed in the e-mail referred to in the point
6.2. Shipping times may vary from the day of the order to a maximum of 5 working days from confirmation of the order. In the event that the Supplier is not able to ship within said deadline but, in any case, within that indicated in the following point, prompt notice will be given via e-mail to the Buyer.
6.3. The package will be delivered via express courier within 3-5 working days from the shipping date (except islands and remote areas). Delivery can only be made to an Italian address. Service may not be available for the following zip codes.
Delivery takes place from Monday to Friday, excluding holidays.
If the desired item is available and the order is placed by 1pm delivery will take place within 3-5 working days after ordering.
The following payment methods can be used for delivery: credit card and PayPal.
You can view the delivery status from your customer account at any time.
To return/exchange a purchased item, consult the procedure indicated on the Frequently Asked Questions page.
Article 7
Prices
7.1. All sales prices of the products displayed and indicated on the website www.maglificioannamaria.it 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, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser forwards the order and also contained in the web page summarizing the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
Article 8
Product availability
8.1. The Supplier ensures the processing and fulfillment of orders without delay via the electronic system used. To this end, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Buyer via e-mail whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking if he intends to confirm the order. order or not.
8.3. The Supplier’s IT system confirms the registration of the order as soon as possible by sending the User a confirmation by email, pursuant to point 4.2.
Article 9
Limitations of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the times established by the contract.
9.2. The Supplier cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional costs incurred .
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the purchased products, if it demonstrates that it has taken all precautions possible based on the best science and experience at the time and on the basis of ordinary diligence.
9.5. Under no circumstances can the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
Article 10
Defect liability, proof of damage and compensable damages: the Supplier’s obligations
10.1. Pursuant to the articles. 114 et seq. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months of the request, the identity and domicile of the producer or the person who supplied him with the goods .
10.2. The aforementioned request by the Damaged Party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the Damaged Party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the Damaged Party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The Damaged Party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the Damaged Party.
10.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Article 11
Guarantees and assistance methods
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: to) are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) present 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 good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or by its agent or representative, in particular in advertising or labelling; d) are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of conclusion of the contract and which the Seller also accepted for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it.
11.4. In any case, unless proven otherwise, it is presumed that the defects of conformity which appear 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 conformity. compliance.
11.5. In the event of a lack of conformity, the Buyer 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 pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer’s request, it must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods.
11.7. If repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, he may request, at his choice, an appropriate reduction in the price or the resolution of the
contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer’s request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for crediting the sums previously paid to the Supplier.
Article 12
Buyer’s Obligations
12.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Article 13
Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the professional has not satisfied the information obligations on the existence, methods and times of return or collection of the goods in case of exercise of the right of withdrawal referred to in the art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he can access his account and fill out the appropriate request form. The procedure is described on the Frequently Asked Questions page under the Returns section.
13.4. The return of the goods must in any case take place no later than 14 (fourteen) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or expiring rapidly or goods whose price is linked to fluctuations in financial market rates that the professional is not able to control and in any other case provided for by the art. 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, i.e. the shipping costs of the goods themselves. The Consumer may request the Supplier to use the courier used by the latter, in which case the Supplier will deduct this expense directly from the refund amount, except for ongoing promotions.
13.7. The Supplier will refund the entire amount paid by the Buyer for the purchase of the goods free of charge, excluding shipping costs for sending and possibly returning the same if the Buyer uses the Supplier’s courier with payment paid by the latter), within 30 (thirty) days from receipt of the notice of withdrawal, except for ongoing promotions.
13.8. Upon receipt of the communication with which the Buyer 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.
Article 14
Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the failure to fulfill just one of these obligations, unless determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial ruling.
Article 15
Protection of confidentiality and processing of Buyer data
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003. 196 [1] .
15.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier Maglificio Annamaria Srl, data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods with the purpose of recording the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service ( art. 24, paragraph 1, letter , Legislative Decree 196/2003) [2] .
15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be communicated, upon signing of a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
15.5. The Buyer enjoys the rights referred to in the art. 7 of Legislative Decree 196/2003, namely the right to obtain:
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed.
15.7. In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters [3] .
15.9. Anything sent to the email address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Center cannot be attributed any responsibility for the content of the messages themselves.
Article 16
Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the operational headquarters of the Supplier according to confidentiality and security criteria.
Article 17
Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address:
Annamaria knitwear factory,
Via Vittoria, 75
36065 MUSSOLENTE (VI)
or sent by e-mail to the following address shop@maglificioanannamaria.it . The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
Article 18
Dispute settlement
18.1. All disputes arising from this contract will be referred to the Treviso Chamber of Commerce and resolved according to the Conciliation Regulations adopted by it.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter. u ) of Legislative Decree 206/2005.
Article 19
Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided herein, the laws applicable to the relationships and cases envisaged in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of the legislative decree. 206/2005, the regulations contained in Part III, Title III, Chapter I of the Legislative Decree are expressly referred to here. 206/2005.
Article 20
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the object of this contract.
[1] Requirements of the Privacy Guarantor – art. 154, 1 c ) of the legislative decree. 196/2003 – Simplifications of certain obligations in the public and private sphere with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, n. 152.
[2] General provision of the Guarantor for the protection of personal data Practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.
[3] “Unless a manager in the person of Mr. has been appointed by the Company. __________”.
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