1 - COMMERCIAL POLICY
1.1 The Seller shall sell the products on www.giordanotorresi.com and shall pursue its online business exclusively towards its end users, the "consumers".
1.2 The term "consumer" is used to refer to any natural person using www.giordanotorresi.com for purposes other than pursuing its own commercial, entrepreneurial or professional business. If you are not a "consumer", please do not carry out any commercial transactions on www.giordanotorresi.com.
1.3 In view of its commercial policy, the Seller reserves the right not to process orders placed by parties that are not "consumers" or, in any case, orders that do not comply with its commercial policy.
1.4 These General Conditions of Sale only regulate the offer, submission and acceptance of purchase orders for products on www.giordanotorresi.com between the users of www.giordanotorresi.com and the Seller.
1.5 The General Conditions of Sale, instead, do not regulate the supply of services or the sale of products by parties other than the Seller, which may be present on www.giordanotorresi.com in the form of links, banners or other hypertext elements. Before submitting orders and purchasing products and services from parties other than the Seller, we would therefore recommend that you read their conditions of sale as the Seller cannot be held liable for the supply of services by third parties other than the Seller or for the conclusion of electronic trade operations between users of www.giordanotorresi.com and third parties.
2 - HOW TO STIPULATE THE CONTRACT WITH THE SELLER
2.1 To stipulate the contract for the purchase or one or more products on www.giordanotorresi.com, you will first need to complete the electronic order form and send it to the Seller electronically, following the instructions given below.
2.2 The order form contains a referral to the General Conditions of Sale and the Information on the Right to Withdraw, as well as a summary of the information on the essential characteristics of each product ordered and the related price (including all applicable taxes or duties), the methods of payment available to purchase each product and how the products purchased will be delivered, along with delivery and postage costs, conditions for exercising your right to withdraw and terms and conditions governing the return of any products purchased.
2.3 The contract is stipulated when the Seller receives your order form electronically and has verified that the data concerning the order is correct and compliant with these Conditions of sale.
2.4 The data provided by the customer when completing the information on the order is given at the customer's own liability. www.giordanotorresi.com cannot be held liable for errors made by the customer in entering the details of the order addressee (delivery address, billing address) nor for delays in delivery or the impossibility of sending products ordered, resulting from such errors.
2.5 Before purchasing the products, in sending the order form you will be asked to carefully read the General Conditions of Sale and the Information on your Right to Withdraw.
2.6 The order form will be archived in our database for the time necessary to dispatch the order and in any case in accordance with the terms of law.
2.7 The language used to stipulate the contract with the Seller is Italian.
2.8 Once the contract has been stipulated, the Seller will process your purchase order.
2.9 The Seller may not process any purchase orders failing to provide sufficient guarantee of solvency or which are incomplete or incorrect; it will also be impossible to complete an order if products are unavailable. In these cases, we will e-mail you to tell you that the contract has not been stipulated and the Seller has not processed your purchase order, explaining why. If the products presented on www.giordanotorresi.com are no longer available or on sale at your last access to the website or upon sending the order form, the Seller shall inform you of this promptly, and in any case within thirty (30) days of the day after that on which you sent the order to the Seller. If the order form has been submitted and the price paid, the Seller will reimburse you for the amount already paid.
2.10 By sending the order form electronically, you express your unconditional acceptance of, and agree to comply with, in all relations with the Seller, these General Conditions of Sale. If you disagree with any of the terms of the General Conditions of Sale, please do not submit the order form to purchase products from www.giordanotorresi.com.
2.12 Once the contract has been stipulated, the Seller will e-mail you a receipt of your purchase order, containing the same information as entered on the order form (referral to the General Conditions of Sale and Information on your Right to Withdraw, information on the essential product characteristics and details of price, means of payment, your right to withdraw and postage costs).
2.13 - The Customer may request the issue of an invoice at the latest when making payment; in this case, please contact customer services before making the purchase.
3 - GUARANTEES AND SPECIFICATION OF PRODUCT PRICES
3.1 The Seller does not sell used or irregular products, nor products of a quality that falls below market standards.
3.2 Essential product characteristics are given on www.giordanotorresi.com on each product page. The images and colours of the products on sale on www.giordanotorresi.com may, however, not coincide exactly with the actual colours, due to possible variations due to the browser or monitor in use.
3.3 Product prices may be subject to change. Check the final price before submitting the order form.
3.4 If you should exercise your right to withdraw, the Seller shall have the right to refuse the return of any products that have been altered in terms of their essential characteristics or quality or which have been damaged, or products without their original packaging.
3.6 Limits to liability:
www.giordanotorresi.com shall not be held liable for any damages except those that are a direct result of product manufacturing flaws and deriving from negligence or wilful misconduct. www.giordanotorresi.com shall not be held liable for any indirect damages.
If, as an exception to the foregoing provisions, www.giordanotorresi.com should be held liable for damages, said liability shall be limited to the purchase price. The above limits to liability shall apply to all claims for compensation, regardless of the legal grounds underlying them and including requests consequent to non-contractual liability; they shall not apply in the event of manufacturer liability.
The exclusion or limitation of liability for damages in accordance with the above paragraphs also applies to any claims for compensation as may be made against employees or authorised representatives of www.giordanotorresi.com.
3.6 Each product sold on www.giordanotorresi.com to a "consumer" benefits from a legal warranty on consumer goods covering flaws and/or defects governed by Italian Legislative Decree no. 206 of 06 September 2005. All warranties are in any case excluded in the case of a lack of care when using, negligence or incorrect use by the buyer, as well as normal wear and tear of an item or accidental damage.
4 - PAYMENTS
4.1 You may pay the price of the products and the related postage costs using any of the methods specified on the order form.
4.2 All prices are given in Euros, excluding VAT.
4.3 Your payments will be made on the PayPal circuit in a protect, encrypted manner. Under no circumstances will we receive your credit card number and you will always be guaranteed and protected. We will merely receive the authorisation from the card manager, i.e. PayPal.
PayPal serves to guarantee the security and transparency of the payment transaction.
You can use PayPal: if you have an account matched to PayPal or if you have any credit card, without registering, by simply entering you credit card details.
We use the PayPal service because we believe it to be the best in terms of quality, service and guarantee of the security of personal data.
PayPal certifies secure transactions using credit cards and protects the purchase.
5 - DELIVERY
5.1 Available Standard products will be delivered in 7 working days by courier. 'Made to order' product, draft on the configurator will be delivered in 4 weeks.
Postage costs are showed specifically for the destination Countries. For specific information on the dispatch and delivery of individual products, consult the BUY ON-LINE section. Please pay careful attention to the information given in this section, as it forms an integral and substantive part of these General Conditions of Sale and, therefore, it is assumed that you have read this in full and accepted it when submitting an order form.
6 - CUSTOMER SERVICES
6.1 You can request information by contacting our Customer Services department: firstname.lastname@example.org.
7 - RIGHT TO WITHDRAW
7.1 Purchases made on our website for available standard products, as for all remote purchases made over the telephone or by correspondence, as long as such take place outside commercial premises, are protected by Italian Legislative Decree no. 185 of 22 May 1999, which establishes that consumers shall have the right to withdraw. La Manuelita Srl is unable to accept any returns for 'made to order'items. Consumers can exercise this right to withdraw within 10 working days of receipt of the goods. This right consists of having the option of returning the goods purchased to the supplier, together with the relevant packaging, with no penalty and no need to provide justification, and consequently obtaining the reimbursement of the purchase price (excluding postage costs).
7.2 If the order has been delivered free of charge, the specific postage costs will be deducted from the amount reimbursed.
the right to withdraw applies to natural persons not carrying out professional activities. This right does not, therefore, apply to retailers or businesses.
7.4 How to exercise your right to withdraw:
The right to withdraw can be exercised by sending a written communication in the form of a letter sent recorded delivery with record of receipt within 10 working days of receipt of the goods, addressed to: LA MANUELITA SRL – Via E. Berlinguer n. 15 – 63844 Grottazzolina (FM). The communication can also be sent, within the same terms, by telegram or fax, to 0734 631916, as long as this is confirmed by letter, sent recorded delivery with advice of receipt within 48 hours thereafter. This communication must specify the codes of the products to be returned and contain copy of the original receipt/invoice; the money will be re-credited using the same electronic circuit used for the payment (PayPal).
The products must also be returned to the Seller, delivering them to the courier for dispatch within ten (10) working days from the date on which the products were received, to the same address used for the registered letter.
The only expenses paid by the buyer are those for returning the products purchased.
The Right to Withdraw – in addition to being subject to compliance with the terms and conditions described under the points above – is considered as being correctly exercised where all the following conditions are met:
- the Seller must receive the written communication detailing the return within ten (10) working days of receipt of the products;
- the products must not have been used, worn, washed or damaged;
- the products must be returned complete with their original packaging;
- the products returned must be delivered to the courier within ten (10) working days of the date on which the products were received.
If these terms and conditions for the exercise of your right to withdraw are not respected, as specified in this paragraph 8, you will not have any right to receive reimbursement of any amounts already paid to the Seller and the products will be returned to you, at your expense, by courier.
Terms and conditions for reimbursement: After return of the products, the Seller will perform the necessary controls to check compliance with the terms and conditions laid down in paragraph 8. Providing everything is in order, the Seller will, as quickly as possible and in any case within thirty (30) days of the date on which the Seller has become aware of the exercise of the right to withdraw, credit the customer with the cost of the products returned by the method established, withholding, where necessary, the postage costs, which will remain at the customer's expense.
8 - EXCHANGE OF GOODS
8.1 Only one change of size of the standard available model purchased is permitted for products purchased via the website www.giordanotorresi.com; no product can be exchanged for a different article. La Manuelita Srl is unable to accept any change for 'made to order'items.
8.2 The exchange can be made within ten (10) days of the date of receipt, as long as the products have not been used, worn, washed or damaged and are returned in their original, intact packaging.
8.3 After having contacted customer services by e-mail (email@example.com) and having had the exchange authorised, the customer must, at his own expense, send the products to the operating headquarters of LA MANUELITA SRL at Via E. Berlinguer n. 15, Grottazzolina (FM).
8.4 Once the goods have been received, the Seller will perform the necessary controls to check compliance with the terms and conditions laid down in the paragraphs above. Providing everything is in order, the Seller will exchange the product.
8.5 The new delivery of the goods exchanged will entail a charge to cover specific postage costs, to be paid by the customer in advance, by a method to be agreed between the two.
9.1 Please note that Italian Legislative Decree no. 196 of 30 June 2003 (the "Personal Data Protection Code") lays down the protection of persons and other subjects with respect to personal data processing.
In accordance with this legislation, such processing must take place in accordance with standards of correctness, lawfulness and transparency and in full protection of your confidentiality and your rights.
9.2 In accordance with Article 13 of Italian Legislative Decree no. 196/2003, therefore, please note the following information:
1. The data you supply is collected in order to register the customer and activate the procedures in its regard by which to fulfil the contract and make all necessary communications.
2. Said data is processed electronically in compliance with current laws and can only be displayed at the request of the legal authority.
3. Data conferral is compulsory; any refusal to do so may make it entirely or partially impossible to fulfil the contract and pursue the agreement.
4. Data will not be disclosed to any other parties nor disseminated.
5. The data controller is LA MANUELITA S.R.L. with headquarters in Grottazzolina (FM), at 15 Via E. Berlinguer, tax code and VAT no. 01597530433 registered with Companies House of Macerata under no. 01597530433 and Fermo Economic and Administrative Index (REA) no. 186230, share capital €50,000.00 partially paid-in €20.000,00, e-mail: firstname.lastname@example.org Tel.: +39 0734.633376
6. The data processor is the legal representative, Marzia Belletti.
9.3 You can exercise your rights with regards to the data controller, in accordance with Art. 7 of Italian Legislative Decree no. 196/2003 at any time; for your convenience, the text is given below in full:
"Italian Legislative Decree no. 196/2003
Art. 7 - Right to access personal data and other rights
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him/her exists, regardless of whether or not it has been recorded, and to communication of such data in an intelligible form.
2. The data subject shall have the right to be informed of:
a) the source of the personal data;
b) the purposes and methods of the processing;
c) the logic applied to the processing, if carried out with the help of electronic means;
d) the identification data concerning the data controller, data processors and the representative designated as per article 5, subsection 2;
e) the entities or categories of entity to which the personal data may be communicated and which may have contact with said data in their capacity as designated representative in the State's territory, data processors or persons in charge of the processing.
3. The data subject shall have the right to obtain:
a) updating, rectification or, where interested therein, addition to the data;
b) erasure, anonymisation or blocking of the data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it has been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their content, to the entities to whom or which the data was communicated or disclosed, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though this is relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling, or for the performance of market or commercial communication surveys."
Cancellation of your personal data is subject to the sending of a written communication by fax or post to the company's head office.
8.4 LA MANUELITA S.R.L. also informs you that, in accordance with Italian Legislative Decree no. 196/2003, the users' data supplied when stipulating the purchase order and/or completing the invoice is excluded from the consent by the data subject, insofar as it is collected in accordance with tax obligations required by the law, regulations and European community legislation and, in any case, purely to enable fulfilment of the obligations deriving from the purchase contract with the data subject and/or to acquire the necessary contractual information always and exclusively at the request of the latter (Art. 24, letters A and B of Italian Legislative Decree no. 196/2003).
10 - APPLICABLE LAW AND DISPUTE RESOLUTION
10.1 The General Conditions of Sale are governed by Italian law and, more specifically, by Italian Legislative Decree no. 206 of 06 September 2005 on the Consumer Code, with specific reference to regulations governing remote contracts, and by Italian Legislative Decree no. 70 of 09 April 2003 for certain aspects concerning online business.
10.2 In accordance with this guarantee or any other legal guarantees, the Court of Fermo shall have exclusive jurisdiction to rule on any legal claims made by the Buyer.
11 - INTELLECTUAL PROPERTY
All elements of the website, texts, works, illustrations, photographs and images reproduced are covered by copyright as intellectual property in the whole world. They are the exclusive property of www.giordanotorresi.com.