General Sales Terms / Online Purchase Agreement
Matteo Carrubba and Angela Tomasoni snc
1. Seller and Buyer / Consignee Identification
1.1. Seller: The goods subject to these conditions / online sale contract are sold by Matteo Carrubba and Angela Tomasoni snc under the brand “Write Sketch & ®” with head office / branch in Via Gaspare Aselli, 11, 20133 Milano, CF And P.IVA: 08711500960 certified e-mail address email@example.com E-mail address firstname.lastname@example.org tel +39 02 454 918 56
1.2. Buyer / Consignee is solely the natural person who acts for purposes other than business, commercial, craft or professional activity. The Buyer / Consumer is therefore solely the natural person who acts for personal and non-professional purposes.
2.1. The term “contract” and “online sale contract” means the sales contract of the Seller’s Material Movable Goods presented on www.writesketchand.com, concluded between them and the Buyer / Consignee within the scope of Of a remote selling system through telematic tools, organized by the Seller.
2.2. The term “Buyer / Consignee” means the consumer or user as defined in Art. 3, paragraph 1, lett. A) of Legislative Decree 6 September 2005, no. 206 (Consumption Code): “consumer or user: a natural person acting for purposes other than business, commercial, craft or professional activity”.
2.3. The term “Vendor” means the person referred to in point 1, or the professional selling the goods covered by this online sale contract as defined in Art. 3, paragraph 1, lett. C) of Legislative Decree 6 September 2005, no. 206 (Consumption Code): “professional: the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity, or his / her intermediary.
2.4. Site means the online sales site managed by Seller www.writesketchand.com
2.5. By Consumer Code D.Lgs. 6 September 2005, no. 206 and subsequent modifications and additions.
3. Subject of the online sale contract
3.1. With this online sales contract, the Seller sells and the Buyer / Consumer acquires at a distance via telematic means (through the Vendor’s website) mobile goods goods indicated and offered for sale on www.writesketchand.com
3.2. This on-line sales contract governs the terms and conditions of purchase between Seller and Customer Customers who are based in Italy and request the delivery of goods on Italian territory.
3.3. Purchasible goods are those that can be viewed on the site pages of the vendor www.writesketchand.com.
3.4. As far as the features of the product prices, taxes, modalities and delivery costs and any other information regarding the purchase of goods, please refer to the product form and the order form at www.writesketchand.com And can be viewed before making any purchase or order.
3.5. The Seller does not sell used, irregular or inferior quality products to the corresponding standards offered by the market.
3.6. Any images or colors of the products offered on sale may have different effects in the real vision of the good. Such dissonance may be related to the effects of the Internet browser, the monitor used or the monitor settings itself (brightness, contrast, quality and type of printer in use, etc.).
4. How to enter into an online sales contract
4.1. The on-line sales contract between the Seller and the Buyer / Consumer is concluded exclusively through the Internet through the Buyer / Consignee’s registration and access at www.writesketchand.com where, following the procedures described, The Buyer / Consumer will come to formalize the proposal for the purchase of the goods of their own interest and will receive order confirmation on the mail used for registration at the Seller’s site.
4.2. Refer to the “Rights, Information and Guidelines for Use of the Consumer Site” section for the procedures for using the Portal. Such procedures and information are however forwarded to the consumer’s mail when registering to the site via a dedicated link.
4.3. In the order confirmation e-mail, the Buyer / Consumer will also receive the link to download and archive a copy of the Documentation.
5. Duties and Pre-Contract Information
5.1. Pre-contractual information for the consumer is provided before the Buyer / Consumer is bound by any online distance sales contract. In particular, the information provided by art. 49 d.lgs February 21, 2014, n. 21 are provided on the websites of http://www.writesketchand.com and are summarized in the Rights, Information and Guidelines section on how to use the Website for Consumer on the web pages of the same site.
6. Conclusion and Effectiveness of the Contract
6.1. In order to purchase the Purchaser / Consignee, you must first register on the Seller’s website www.writesketchand.com. Registration is without obligation to purchase. Buyer / Consignee may view through the site pages the acquiring goods, their features, technical information on prices, costs, delivery and payment arrangements, and any other information necessary for the correct formulation of the will to purchase.
6.2. Registered persons have the ability to make all their orders from the site pages themselves, and to keep track of their orders. From the time of registration on the site, you will be able to view a summary web page of all orders, printable and saveable.
6.3. If the Buyer / Consumer decides to make the final purchase order, you must first view the General Sales Conditions / Online Purchase Agreement for Consumers (B2C), and only if expressly accepts these Terms will be You can press the “Complete Order” button successfully.
6.4. The contract is concluded from the time the Purchaser / Customer presses the “Complete Order” button.
6.5. By clicking on the “Complete Order” forwarding button, the order will be forwarded to the Seller.
6.6. As soon as the Seller receives the purchase order from Buyer / Consignee, he sends a confirmation email of it, containing:
• order summary;
• links to the General Sales Conditions / Online Purchase Agreement for Consumers (B2C) accepted (which can be printed and / or saved on your PC by Buyer / Consignee;
• Link to the Rights Charter, Fundamental Information, and Consumer Site Guidelines.
6.7. The Seller reserves the right to change its prices at any time; In the case of such variations, the products will be invoiced on the basis of the tariffs in force at the time of the order storage (and confirmation of the order according to the above instructions). The products remain Seller’s property until the total amount is paid.
7. Payment Methods
7.1. Any payment by Buyer / Consignee may only be effected through one of the following paypal means which are still mentioned in the Seller’s site pages.
7.2. The means of payment chosen by Buyer / Consignee is selected by the same during the steps of choosing the items and confirming the order.
7.3. Each registered buyer / consumer declares that he has the full right to use the chosen payment instrument. The buyer / consumer must verify that the payment instruments in his possession have sufficient credit to cover all purchase costs.
8. Delivery times and methods
8.1. The Seller will deliver the selected and sorted products in the manner selected by Buyer / Customer or indicated on the website at the time of the bid and delivery of the order by Buyer / Consignee and subsequent acceptance By the seller as by procedures previously performed.
8.2. Shipment times may vary from day one of the order to a maximum of 30 business days from the date of conclusion of the online sale contract.
8.3 In the event that the carrier has been chosen by the Customer outside of the ones proposed at the time of purchase, the risk of damage and damage to the Products will be transferred to you at the time of delivery to the carrier itself, excluding any disputes regarding the External features of the delivered. In this case, any dispute must be moved directly by you to the carrier.
9.1. All sales prices of the products displayed and displayed on the internet site are expressed in euro and constitute public offer in accordance with art. 1336 c.c.
9.2. Selling prices are indicated for each product and include VAT and any other tax. Shipping or delivery costs and any additional charges if applicable are listed on the site pages referring to each product and summarized in the order form before forwarding it.
9.3. The prices indicated for each of the goods offered to the public are valid until the date of online modification of the goods. In any case, the buyer / consumer charges will be those in force at the time of delivery of the order by the consumer.
10. Right of withdrawal and reimbursement
10.1. Buyer / Consumer, as provided for in Article 52 paragraph 2 of the Consumer Code, has the right to withdraw from the on-line sale contract without any penalty and without specifying the reason within 14 (fourteen) days. The withdrawal period expires after 14 days from the day: (A) in the case of a contract of sale of a single asset (purchase of a single asset) “from the day on which the Buyer / Consignee or a third party other than the carrier and designated by the Purchaser / Consignee acquires the physical possession of goods; B) in the case of a multiple-order contract ordered by the Buyer / Consignee in a single order (Purchase of multiple assets with the same order) and delivered separately: from the date on which the Buyer / Consignee or a third party, other than Carrier and designated, the Buyer / Consignee himself acquires the physical possession of the last good; (C) in the case of a contract for the delivery of a substantial item of lots or lots: from the day on which the Buyer / Consignee or a third party other than the carrier and designated by the Purchaser / Consignee acquires the physical possession of the ‘Last lot or piece.
10.2. How to exercise the right of withdrawal: In order to exercise the right of withdrawal, the Buyer / Consumer is required to inform the seller of his decision to withdraw from this online sale contract through an explicit statement (eg letter sent by post , Fax or e-mail).
To this end, the Buyer / Consignee may:
to. Use the withdrawal type form attached to these sales conditions and also in the section “Rights, Information and Guidelines for Use of the Site for the Consumer”
b. Submit any other explicit statement of its decision to withdraw from the online sales contract, for example by fax, by e-mail via registered letter or by post.
10.3. The Buyer / Consumer has exercised his right of withdrawal within the period of withdrawal if the notice concerning the exercise of the right of withdrawal is sent before the expiration of the withdrawal period. It is recalled that the burden of proof regarding the exercise of the right of withdrawal falls on the Buyer / Consumer.
To help buyer / consumer please contact the seller’s contact details and withdrawal form.
Company name: Matteo Carrubba and Angela Tomasoni snc
Address: Via Gaspare Aselli, 11, 20133, Milan (MI)
Telephone number: +39 02 36560249
MODULE OF WITHDRAWAL
Fill in and return this form only if you want to withdraw from the online sales contract.
11. Effect of withdrawal
11.1. If the Buyer / Customer withdraws from this online sale contract, all payments made to the Seller will be reimbursed, including delivery costs (except for the additional costs arising from any choice of delivery type Other than the less expensive standard delivery standard offered) without undue delay and in any case not later than 14 days from the day the seller is informed of the decision to withdraw from this online sale contract. These refunds will be made using the same means of payment used for the initial transaction, unless the Buyer / Consumer has otherwise expressly agreed otherwise; In any case, it will not have to bear any cost as a consequence of such redemption.
11.2. Refund may be suspended until receipt of the goods or until proof has been provided by the Buyer / Consignee for having returned the goods if earlier.
11.3. If the Purchaser / Consignee has received the goods subject to the on-line sale contract, he or she is required to return the goods or deliver them to Matteo Carrubba and Angela Tomasoni snc -Via Gaspare Aselli 11, 20133 Milan (MI) without undue delays and In any case within 14 days of the date on which the Buyer / Customer has notified his withdrawal from this online sale contract. The term is respected if the goods are returned before the expiration of the 14-day period.
11.4. The direct costs of returning the goods will be borne by Buyer / Consignee.
11.5. The cost is estimated to be around 20 EUR. The actual cost of the refund will in any case be linked to the refund arrangements chosen by the consumer himself (eg the carrier chosen or the shipping type).
11.6. In the event that the professional has not fulfilled the information obligations on the existence of the right of withdrawal, the manner and the time for restitution or withdrawal of the right in the exercise of the right of withdrawal, the time limit for exercise of the right is 12 months After the end of the initial withdrawal period as indicated in the preceding paragraph. If the professional provides the information indicated within 12 months after the end of the initial withdrawal period, the right of withdrawal ends 14 days after receipt of the information by Buyer / Consignee.
11.7. Upon receipt of the communication by which the Buyer / Consumer informs the exercise of the right of withdrawal, the parties to this online sale contract are dissolved from each other’s obligations, subject to the obligations of the Buyer / Consignee and Of the Seller mentioned above.
12. Exclusion of right of withdrawal.
12.1. The Consumer Code exempts the right of withdrawal in particular The right of withdrawal for distance contracts and contracts negotiated outside the business premises is excluded with respect to:
(A) service contracts after full service provision if execution is commenced with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal as a result of the full execution of the online sales contract by Part of the professional; (B) the supply of goods or services whose price is linked to fluctuations in the financial market which the trader is unable to control and which may occur during the period of withdrawal; (C) the supply of tailor-made or clearly customized goods; (D) the supply of goods likely to deteriorate or expire rapidly; (E) the supply of sealed goods which are not liable to be returned for hygienic reasons or relating to the protection of health and were opened after delivery; (F) the supply of goods which, after their delivery, are, by their nature, inseparably blended with other goods; (G) the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the on-line sale contract, the delivery of which can take place only after thirty days and whose actual value depends on fluctuations on the market which can not Be controlled by the professional; (H) contracts where the consumer has specifically requested a visit by a professional to carry out urgent repair or maintenance work if, at that visit, the professional provides services other than those specifically required by the consumer or other goods The spare parts necessary for maintenance or repairs, the right of withdrawal applies to such services or additional goods; (I) the provision of sealed audio or video recordings or sealed computer software that was opened after delivery; (L) the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications; (M) contracts concluded at a public auction; (N) the provision of housing for non-residential purposes, carriage of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a particular date or period of execution; (O) the supply of digital content by means of non-material support if the execution was initiated by express agreement of the consumer and with his acceptance that in that case he would lose the right of withdrawal.
13. Availability of products
13.1. Seller secures through the system the processing and execution of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products as well as the delivery times.
13.2. If an order exceeds the amount in the warehouse, the Seller will, by e-mail, notify Buyer / Consignee if the asset is no longer available to be booked or what is the waiting time to obtain the asset chosen, asking if it intends to confirm The order or not.
13.3. The vendor’s computer system confirms as soon as possible the order registration by forwarding to the user a confirmation by e-mail, as in the procedures outlined above
14. Limitations of Liability
14.1. The Seller shall not be liable for any disavowal due to force majeure if it fails to execute the order within the terms of the contract.
14.2. Seller may not be held liable to the Buyer / Consignee, except in the case of gross negligence or serious misconduct, for disruptions or malfunctions related to the use of the Internet outside its control or its sub-suppliers.
14.3. Seller will also be not liable for damages, losses and costs incurred by Buyer / Consumers as a result of non-execution of the contract for causes not attributable to him, since the Buyer / Consumer is entitled only to the full refund of the price paid and Any incidental charges incurred.
14.4. The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, checks and other means of payment upon payment of the purchased goods if it proves that they have adopted all The possible caution based on the best science and experience of the moment and on the basis of ordinary diligence.
14.5. In no event shall the Purchaser / Customer be liable for delays or disqualifications in payment if he proves that he has paid the same in the times and manner indicated by the Seller.
15. Liability for Liability, Damage and Compensation Damage: Seller’s Obligations
15.1. According to art. 114 and ss. Of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if he or she fails to communicate to the damaged party, within three months of the request, the identity and domicile of the producer or the person who provided the goods .
15.2. This claim by the injured party must be made in writing and must indicate the product causing the damage, the place and date of purchase; It must also contain the product offering in view of the product, if it still exists.
15.3. The Seller can not be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or to the state of the scientific and technical knowledge at the time when the manufacturer He released the product, he still did not consider the product to be defective.
15.4. No compensation will be payable if the injured party was aware of the defect of the product and of the resulting danger and nevertheless voluntarily exposed it.
15.5. In any case, the damaged party will have to prove the defect, damage, and the causal connection between defect and damage.
15.6. The injured party may claim compensation for damage caused by death or personal injury or the destruction or deterioration of something other than defective product, as long as it is of a kind normally intended for use or private consumption and is thus mainly used by the injured party.
15.7. The damage to things referred to in art. 123 of the Consumption Code will, however, be refundable only to the extent that it exceeds the sum of euro three hundred and seventy-seven (euro 387).
16. Guarantees and arrangements for assistance
16.1. The Seller shall be liable for any defect in conformity which occurs within two years from the delivery of the good.
16.2. For the purposes of this contract, supplies of consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are suitable for use where goods of the same type are normally used; B) they conform to the description made by the seller and possess the qualities of the goods that the seller has submitted to Buyer / Consignee as a sample or model; (C) they present the usual quality and performance of a good of the same type as the consumer can reasonably expect, having regard to the nature of the goods and, where appropriate, public statements of the specific characteristics of the goods made by the seller in question; Manufacturer or his agent or representative, in particular in advertising or on the label; (D) they are also suitable for the particular use requested by Buyer / Consignee and which have been brought to the knowledge of the seller at the time of the conclusion of the contract and that the seller has also accepted for concluding facts.
16.3. The Buyer / Consumer shall cease to be liable if he / she fails to report to the Seller the failure to comply within two months from the date the defect was discovered. The complaint is not necessary if the seller acknowledged the existence of the defect or concealed it.
16.4. In any case, unless there is evidence to the contrary, it is assumed that the defects of conformity which occur within six months of delivery of the good already existed on that date, unless such a hypothesis is incompatible with the nature of the asset or the nature of the defect compliance.
16.5. In the event of a defect in conformity, the Buyer / Consumer may, alternatively and without charge, apply for the following conditions, repair or replacement of the purchased goods, a reduction in the purchase price or termination of this contract, unless That the request is not objectively impossible to meet or result for the Seller overcharging pursuant to art. 130, paragraph 4, of the Consumption Code.
16.6. The request must be made in writing, by registered letter with acknowledgment of receipt or by e-mail or e-mail to the Seller, which will indicate its willingness to submit the request, or the reasons for preventing it from doing so Seven working days from receipt. In the same notice, where the Seller has accepted the Purchaser / Consignee’s request, he must indicate how to dispatch or return the goods and the time limit for returning or replacing the defective good.
16.7. If repairs and replacement are impossible or excessively costly, or the Seller has failed to repair or replace the goods within the time limit referred to in the preceding paragraph, or if the replacement or repair previously carried out has caused significant disadvantages to the repair, Buyer / Consignee, they may request, at their option, a reasonable price reduction or termination of the contract. In this case, the Buyer / Consumer will have to send his request to the Seller, who will indicate his / her willingness to do so, ie the reasons for doing so, within seven business days of receipt.
16.8. In the same notice, where the Seller has accepted the buyer / consumer’s request, it must indicate the reduction in the proposed price or the way in which the defective goods are returned. In such cases Buyer / Consumer charge will indicate how to re-accrue the sums previously paid to the Seller.
17. Buyer / Consignee Obligations
17.1. The Buyer / Consumer agrees to pay the price of the purchased item in the times and manner indicated in the contract of the order confirmation document and any documents pertaining to the contract completion procedures.
17.2. Buyer / Consignor undertakes, upon completion of the online purchase procedure, to provide for the printing and retention of this contract.
17.3. However, the information contained in this contract has already been reviewed and accepted by Buyer / Consignee, which acknowledges this as this step is made mandatory prior to the purchase confirmation.
18. Causes of resolution
18.1. The buyers referred to in point 15, assumed by Buyer / Consumers, as well as the guarantee of the good end of the payment that the Buyer / Consignee performs and also the exact fulfillment of the obligations assumed by the Seller, are essential, so that by express agreement , The failure to fulfill only one of those obligations, if not determined by chance or force majeure, will result in the termination of the contract right under art.1456 CC, without the need for judicial decision.
19. Modalities for storing the contract
19.1. According to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer / Consignee that every order sent is kept in digital / paper form at the Vendor’s premises, or on the information system / information technology tools of the vendor’s service providers and Which reports are governed by a regular service contract (such as Server Farm).
20. Communications and complaints
20.1. Buyer / Consignee may report to the seller any complaints or require support and assistance both half way or half telephone, fax or e-mail as follows:
Company name: Matteo Carrubba and Angela Tomasoni snc
Address: Via Gaspare Aselli 11, 20133, Milan (MI)
Telephone number: +39 02 36560249
21. Composition of disputes
21.1. If the Parties intend to bring the ordinary Judicial Authority, the competent forum is exclusively that of the place of residence or domicile of the consumer if they are located in the territory of the state, which is indispensable pursuant to art. 66 bis of the Consumer Code.
21.2. In order to resolve any disputes relating to these general conditions of sale, it is possible in any case to resort to mediation procedures following the procedures outlined in the European Contingency Online Resolution Platform
22. Applicable law and referral
22.1. This contract is governed by Italian law.
22.2. Insofar as here not expressly provided, the applicable laws and regulations applicable to the relationships and the circumstances of this contract apply, and pursuant to art. 66 quarter of the code of the Consumption Code is here explicitly referred to the discipline contained in Part III, Title III, Chapter I of the same code that the consumer will see applied in full.
Date of update: 24 September 2015
Matteo Carrubba and Angela Tomasoni snc