LEGAL NOTES AND GENERAL CONDITIONS OF SALE
1. Definitions
1.1 To the goals of the present general conditions of sale the parts intend for: – Customer, the physical person with domicile in the territory of a State member of the European Union identified by the data provided at the moment of the registration to the internet site of e-shop of the Supplier; – Supplier, the society PAUL’S BOUTIQUE Of BERGAMINI NICOLA & MESSORI DANIELE S.N.C., headquartered in Formigine (Province of Modena) township Casinalbo, Via Don Maselli 4, Italy, Fiscal Code and VATNumber and number of registration to the Firm Register of Modena: 03044680365, REA number: MO-353392.
2. Object of the contract
2.1 Object of the agreement is the on-line trading of mobile goods of consumption having the characteristics pointed out in the catalogue published on-line in the internet site of the Supplier and in the product card with attached photo in high definition that the Customer can see on the internet site of the Supplier.
2.2 The goods object of the agreement belong to the genre of clothes, footwear, accessories, complements of furniture, toys, sporting equipments and accessories.
3. Validity and execution of the contract
3.1 The exposure of products in the on-line catalogue constitutes offer to the public from the part of the Supplier according to the art. 1336 of the Italian civil code.
3.2 The offer to the public of the products present in the on-line catalogue is regulated by the present general sale conditions and it is limited and it binds the Supplier exclusively towards the physical persons having their domicile in the territory of a state member of the European Union.
3.3 The Supplier is not obliged to sell to physical persons who do not have their domicile in the territory of a state member of the European Union, even if these for any reason have registered in the personal zone of the Internet site of the Supplier.
3.4 The indication “sold out” of a product excludes the offer of sale relatively to that product.
3.5 The validity and the execution of the agreement start from the date of the reception from the part of the Supplier of the order of the Customer sent clicking on the negotiating key “purchase”.
3.6 Before confirming the order through the key “confirmation”, the Customer could correct eventual errors of insertion by clicking on the key “my account” in the appropriate menu “customer”.
3.7 The Customer declares to accept the good as described in the product card selected at the moment of the order and however in the confirmation of the order sent by the Supplier.
3.8 Received the order of purchase, the Supplier will send to the Customer to the email address specified in the registration card on the site an e-mail of confirmation of the order containing the price of the good with specified the delivery expenses and, also in attachment, the present general conditions of sale.
3.9 At the moment of the dispatch the Supplier will send an e-mail to the Customer of confirmation of the occurred shipment.
3.10 The Customer declares to accomplish the purchase for purposes different to the business or professional eventually carried out.
3.11 The Customer, at the conclusion of the procedure, undertake to print and to conserve the general present conditions and the order confirmation sent by the Supplier.
3.12 The order received by the Customer will be conserved by the Supplier on paper support in the respect of the regulations on privacy and safety. The access to the order is allowed to the only Supplier.
4. Obligations of the supplier and warranties
4.1 The Supplier guarantees that the good purchased by the Customer is exempt from vices and defects of conformity, the duration of the warranty from the seller is of 2 years starting from the date of delivery of the good. 4.2 in the case in which vices or defects in the product are verified, the Supplier undertakes to withdraw the same at its own expenses by the centre of delivery of the good and to provide within 30 working days to make to deliver the new product at its own expenses.
4.3 On the new product the 2 years of warranty start from the date of delivery.
5. Modality of delivery
5.1 The good is delivered to the Customer through the courier charged by the Supplier. 5.2 The expenses of the packing and of the transport of the purchased merchandise are exclusively in charge of the Customer and they are expressly pointed out in the summarizing card of the costs consultable at the following link: http://www.paulsboutique.it/shipping.php . The cost of consignment for the single product is indicated, also, in the web page that the Customer enters for pointing out the address of consignment before the confirmation of the purchase. 5.3 The Supplier is obliged to send the good through courier within 10 working days from the date of sending of the order confirmation to the Customer. 5.4 The Supplier will not be held responsible of the delay in the delivery if by fortuitous event or by act of God not imputable to it, the good could not be delivered in the times attended by the Customer. 5.5 In the case in which the commodity is not sent to the Customer within the terms foreseen under the present general conditions and except the clauses of which at the preceding point, the Customer will have the faculty to withdraw from the contract. For these purposes, the communication will have to be carried out with the modalities indicated in the clause “exercise of withdrawal”.
6. Price and modality of payment
6.1 The price of the good is intended VAT included. The Customer undertakes to correspond to the Supplier the expenses of transport as individuated in the summary of the costs sent by the Supplier in the e-mail of confirmation of the order. The final price of the purchase is that individuated at the voice “total price.”
6.2 The payment of the price will exclusively happen by Credit Card or Pay Pal. For these purposes the Customer declares to authorize the manager of the on-line payment system to use the issued card and to debit the highlighted amount as cost of the effected purchase exonerating the Supplier from every responsibility about that. In case of exercise of the right of withdrawal, the amount to be refunded will be credit again to the same card.
6.3 All the information related to the payments are transmitted through a special system of encryption for safety purposes, the service is provided by Pay Pal.
7. Exercise of the right of withdrawal
7.1 The Customer has the right to exercise the right of withdrawal through sending of registered letter with acknowledgement of receipt in the headquarters of the Supplier within 10 working days from the reception of the purchased good and it is not obliged to correspond any penalty. 7.2 The withdrawal can be exercised always within 10 working days from the reception of the purchased good also with communications by telegram to the headquarters of the Supplier, or by e- mail to the address info@paulsboutique.it, or by telefax to the number 0039 059 550825, at the condition that such communications would be confirmed through registered letter with notice of reception sent to the headquarters of the Supplier within the following forty-eight hours.
7.3 If the Supplier has not provided all the information that he has to correspond then the term for the exercise of the aforesaid right it will be of three months and it will always starting from the day of reception of the commodity.
7.4 The costs of redelivery of the good are in charge of the Customer, that will provide to deliver them to the headquarters of the Supplier by courier within 10 working days from the sending of the communication of withdrawal. 7.5 The substantial integrity of the good and its packaging is essential condition for the exercise of the right of withdrawal.
7.6 The Supplier, once acquired the possession of the products, provide to the refund of the whole amount paid by the Buyer within 30 days starting from the date in which it has come to attention of the exercise of the right of withdrawal expressed by the Buyer.
8. Prohibition of transfer of the contract
8.1 It is prohibited to the Customer to transfer the agreement stipulated with the Supplier to third parties, at free or onerous title, temporarily or definitely, without the written consent of the Supplier.
9. Guardianship of the personal data
9.1 The Supplier undertakes to treat the data of the other party in the full respect of the principles and of the norms of the D.Lgs. 30 June 2003 n. 196 (Code in subject of protection of personal data), as well as to adopt all the least safety measures so as foreseen by the Enclosure B of the aforesaid Legislative Decree.
9.2 The Customer expressly declares to have received the informative foreseen by the art. 13 Ds.Lgs. n. 196/2003 (Code in subject of protection of personal data).
10. Claims and contacts
10.1 The claims having as object the sold good or the execution of the contract have to be addressed to PAUL’S BOUTIQUE Of BERGAMINI NICOLA & MESSORI DANIELE S.N.C., to the following alternative addresses: – postal address: PAUL’S BOUTIQUE OF BERGAMINI NICOLA & MESSORI DANIELE S.N.C., Formigine (Modena) township Casinalbo, Via Don Maselli 4, C.A.P. 41041 Italy,
- number of telefax: 0039 059 550825, – e-mail address: info@paulsboutique.it.
11. Resolution of the litigations and Court of jurisdiction
11.1 For any controversy between the parts regarding the execution and/or the interpretation, effectiveness and validity of the contract stipulated between the parts, the court of jurisdiction will be the place of the domicile of the Customer. 11.2 It is in faculty of the only Customer with domicile situated in the territory of a state member of the European Union excluded Italy to institute the judge of the place where the headquarters of the Supplier are situated.
12. Final clauses
12.1 The acceptance of the present conditions revokes and substitutes any contract, agreement or written or oral negotiation occurred in precedence between the parts and related to the object of the contract. 12.2 The invalidity of an article or of one of its parts does not automatically determine the invalidity of the totality of the general conditions.
12.3 The languages of the contract between the parts are the Italian and the English ones.
13. Applicable norms and delay
13.1 The agreement between the parts is regulated by the Italian law.
