GENERAL CONDITIONS OF CONTRACT FOR THE PERFORMANCE OF ONLINE SERVICES
The present general contract conditions concern the products and services offered for sale by the Sardj company of Fabio Cossa, with registered office in Pattada (SS), Via Eleonora D’Arborea, n. 49, registered with the Chamber of Commerce of Sassari at the REA No. SS-201856 of the Business Register, VAT No. 02744010907, hereinafter referred to as «Seller».
The customer is obliged to accept the terms and conditions of this contract when registering his user profile on the digital platform made available by the Seller on his website www.sardj.com. purchase is perfected outside the site www.sardj.com, if the transaction is approved by the Seller, the Final Customer is subject to the acceptance of the terms and conditions.
I – DEFINITIONS
1.1 The expression “online sales contract” means the sales contract relating to the services provided by the Seller, either through remote communication techniques or without the assistance of these, stipulated between the Seller himself and the Final Customer through telematic tools, as part of a distance selling system organized by the Seller;
1.2 The term “Final Customer” means the natural or legal person who makes the purchase of the products and / or services referred to in this contract, for personal purposes and referable to any commercial or professional activity;
1.3 The expression “Seller” means the person indicated in the inscription, or the lender of e-commerce sales services;
1.4 The term “distance communication techniques” means any means that, without the physical and simultaneous presence of the Final Customer and the Seller, can be used for the conclusion of the contract between the said parties;
1.5 The term “service” or “product” means any utility intended for the Final Customer and for free or in the context of commercial activity.
II – SUBJET OF THE CONTRACT
2.1 With this contract, respectively, the Seller sells and the Final Customer purchases remotely through telematic tools the services indicated and offered for sale on the site www.sardj.com
III – PROCEDURE FOR THE STIPULATION OF THE CONTRACT
3.1 The contract between the Seller and the Final Customer is concluded by accessing and registering the Final Customer at www.sardj.com, where, following the procedures indicated, after completing the fields provided, the Final Customer will formalize his own acceptance for the purchase of the services referred to in point 1.1 of the previous article, offered to the public by the Seller.
IV – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded by acceptance of the terms and conditions by the Final Customer through the site www.sardj.com
4.2 Once the Seller has received the acceptance of the terms by the Final Customer, he will send a confirmation e-mail and a summary of which he can extract a copy.
V – METHOD OF PAYMENT AND REFUND
5.1 Every payment by the Final Customer must take place simultaneously with the definition of the order, only by bank transfer, credit card and services offered on the Stripe and Paypal platform.
5.2 In case of exercise of the right of withdrawal, as governed by clause 13 of this contract, any direct or indirect refund due by the Seller to the Final Customer will be credited by one of the methods proposed by the Seller.
5.3 All communications relating to payments will be protected by an encryption system developed by the Seller which guarantees the storage of this information with an additional level of security encryption, in compliance with the provisions of the current legislation on the processing of personal data.
VI – TIME AND MODE OF EXECUTION
6.1 The Seller will provide the service to the Final Customer, in compliance with the terms and conditions indicated on the website at the time of the offer of the same.
6.2 The provision of the service will begin within the term indicated by the Seller on its website and, in any case, no later than 7 (seven) working days from the dispatch of the confirmation of the order itself. In the event that the Seller is not able to provide the service within this time, the Final Customer will be promptly notified by e-mail, indicating when the Seller expects to be able to start the service or the reasons that make the service itself definitively unenforceable. If the Final Customer does not intend to accept the new term or the service has become impossible, he may request reimbursement according to the criteria set out in the previous point 5.
6.3 The Seller reserves any right to modify the services sold and make any improvements it deems appropriate in subsequent versions of the products.
VII – FEES
7.1 The offer of the products offered and illustrated within the Seller’s website, with the relative prices and the present general terms and conditions, constitute for all purposes an offer to the public pursuant to art. 1336 CC
7.2 The prices of the services, referred to in the previous point, are inclusive of any tax, but net of VAT and shipping costs, which is calculated and added to the price, at the conclusion of the order.
7.3 The prices indicated for each of the services offered to the public have validity up to different higher or lower offer, remaining unchanged the conditions of performance of the service or the price, after the beginning of the service itself.
VIII – SERVICE AVAILABILITY
8.1 The Seller indicates in the electronic catalog of its website the times and methods of supply of the service.
8.2 If the request to provide the service exceeds the effective capacity of the Seller, these, by e-mail, will make known to the Final Customer if the service is suspended, become definitively unavailable, or what are the waiting times to obtain the service of the service itself.
In this case, the Final Customer is entitled to withdraw from the contract.
IX – LIMITATIONS OF LIABILITY
9.1 The Seller is exempted from any responsibility for the prejudices that are derived to the Final Customer in case of original impossibility, suspension or definitive interruption of the service, due to causes of major force or fortuitous event due to inefficiencies or malfunctions connected to the use of the network Internet outside of its own control or of its sub-suppliers.
9.2 The Seller is also exempt from any liability for any undue fraudulent and illegal possession by third parties of the means of payment that are used by the Final Customer.
9.3 The Seller is not responsible for the failed delivery of emails, due to the malfunctions of the recipients’ mailboxes.
X – WARRANTIES AND METHODS OF ASSISTANCE
10.1 The Seller is liable, except as provided in the previous point 9, solely for the interruption, suspension or non-conformity of the service provided with respect to the features illustrated at the time of the proposal on its website, which have not been determined by chance or force majeure, retaining any right of recourse against its supplier.
10.2 For the purposes of the provisions of the following numbers 10.3, 10.4, 10.5 and 10.6, the Final Customer is required to report defects and defects of conformity of the products purchased to the Seller within 24 hours of receipt (see 10.5.10.6)
10.3 In case of proven existence of defects and defects of the purchased products, the Final Customer may request, at no cost, at the conditions indicated below, the replacement of the purchased products, unless the request is objectively impossible to satisfy or results for the Seller excessively burdensome, in which case the purchase price will be refunded. The regulation provided for by the Consumer Code in the event of a guarantee to be offered to the Final Customer having the quality of consumer remains unaffected.
10.4 The complaint of defects and defects of the products must be sent in writing with promptness, to the e-mail address of the Seller firstname.lastname@example.org, which will indicate its willingness to proceed with the replacement and return of the piece, as established by point 10.5.
10.5 The declaration of defects and / or defects of the purchased products will be accepted by the seller only in the event of serious damage to the delivered product (eg breaking in several parts caused by the transporter), shattered object, always subject to a countersigned agreement, after specific notification (made agreed and correlated of photos attesting the truthfulness of what the final customer declares) see point 10.4.
10.6 Any other peculiarity due to processing smudges, color shades, differences from the other pieces offered through photos and / or videos on the www.sardj.com website for e-commerce sales, are to be considered void and are not valid reason for request of substitution and / or return of the purchased product, as they are unique, unrepeatable, non-serial, they are the added value and certify the total authenticity of a manual and artisan processing of the object, moreover any customization, even if fanciful, is to be considered absolute confirmation ‘purchase of an original Artistic piece created by the Craftsman Artist in a limited period of time, therefore not replicable in an identical form to 100% due to different objective factors, such as the supply of raw materials identical in shape, color, thickness, dimensions.
XI – OBLIGATIONS OF THE FINAL CUSTOMER
11.1 The Final Customer undertakes to pay the price of the service purchased within the times and in the manner indicated by the Seller and to communicate to him all the data necessary to make the correct provision of the service possible.
11.2 The Final Customer undertakes to use the account provided in person and not to assign access to the same and / or extrapolated data to third parties; every single license is therefore to be considered nominative and non-transferable for any reason. The Seller monitors the End Customer’s access with tracking technology in accordance with the law, any violation will be punished with immediate and permanent blocking of the account.
11.3 According to the code regarding the protection of personal data, Legislative Decree n. 196/2003 et seq. changes, the Final Customer agrees to be responsible for keeping and complying with the list of cancellation requests.
11.4 The emails and any other form of communication and request made by the Final Customer and the Seller must not contain contents that conflict even minimally with the Italian law, for example: pornography, illegal goods, drugs, weapons, etc. Furthermore, emails cannot contain: codes that introduce viruses, worms, spyware, etc. into the Internet
11.5 The Final Customer is required to contact the “Register of Objections” through the site http://www.registrodelleopposizioni.it/ to obtain the list of natural and legal persons who do not wish to receive promotional material and to work to eliminate data from the databases the contacts present in therefor mentioned register.
XII – OBLIGATIONS OF THE SELLER
12.1 Except as specifically provided for by the Seller in the previous points, to be considered expressly referred to herein, he undertakes to provide the service object of the contract stipulated with the Final Customer with due diligence, good faith and correctness.
XIII – RIGHT OF WITHDRAWAL
13.1 In the event that the Final Customer decides to exercise the right of withdrawal, as long as it is consistent with the Law and this contract, it must immediately notify the Seller by e-mail to the address email@example.com.
13.2 The right of withdrawal cannot take effect with respect to services that have already been performed.
13.4 In case of exercise of the right of withdrawal, if it complies with the provisions of this contract, as well as those of law not derogated from it, the Seller will refund the amount paid by the Final Customer within the term of 30 (thirty) days of receipt of the withdrawal notice. The Seller does not owe any interest on the sums paid by the Final Customer.
13.5 Upon receipt of the communication with which the Final Customer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
13.6 The Seller has the right to withdraw from the contract, in the event that it considers that the services offered have become excessively burdensome.
13.7 In the event that the Seller decides to exercise the right of withdrawal, he must notify the Final Customer by private messaging contained in his site. The date of submission as shown on the Seller’s website will be binding.
13.8 The right of withdrawal cannot take effect with respect to services that have already been performed.
XIV – CAUSES OF RESOLUTION
- The obligations referred to in point 11.1, assumed by the Final Customer, as well as the guarantee of the successful completion of the payment that the Final Customer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will result in termination of law of the contract ex art. 1456 of the Civil Code, without the need for a judicial decision that produces the aforementioned effect.
XV – ROTECTION OF CONFIDENTIALITY AND TREATMENT OF FINAL CUSTOMER DATA
15.1 During the execution of the order, the Final Customer is required to sign the release for the processing of personal data, present in the pages of the Seller’s site, in compliance with Legislative Decree n. 196/2003 and subsequent amendments.
XVI – METHOD OF STORAGE OF THE CONTRACT
16.1 According to the art. 12 of Legislative Decree n. 70/2003, the Seller informs the Final Customer that every order sent is stored in digital form on the Seller’s server according to criteria of confidentiality and security.
XVII – COMMUNICATIONS AND COMPLAINTS
17.1 Direct communications to the Seller and any complaints will be considered effective only if sent to the Seller’s e-mail address, including through private messaging present on its website. The Final Customer must indicate on the registration form his / her residence or domicile, telephone number and e-mail address, accepting from now on to receive any communication via the private messaging service contained in the seller’s e-commerce site .
XVIII – DELIVERY OF THE CONTRACT
18.1 This contract is not transferable except with the express, prior written consent of both the original parties to the agreement. The sale without the observance of what is prescribed in this point will in any case remain ineffective between the parties.
XIX – USE OF TRADEMARKS AND DISTINCTIVE SIGNS
19.1 the Final Customer expressly authorizes the Seller to reproduce the Sardj trade name, trademark and logo on all packaging, commercial documents and websites, solely for the purpose of developing the products and services offered and to the extent that this is necessary for these purposes.
XX – APPLICABLE LAW AND JURISDICTION
20.1 For anything not expressly established in this contract, the provisions in force dictated by Italian law apply. The parties identify the Court of Sassari as the competent court for deciding on any dispute that may arise between them with reference to the execution and / or interpretation of this agreement, as well as in relation to any other matter concerning their legal relationship relevant that they find their origin in the contract in question.
Read and signed with a digital signature by the legal representative of Sardj (put the exact company name) as well as by the Final Customer by accepting these “terms and conditions” at the site registration.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the Final Customer declares to specifically approve Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX; and XX.
Read and signed with a digital signature by the legal representative of Sardj (Sardj di Fabio Cossa) as well as by the Final Customer by accepting these “terms and conditions” at the site registration.