Sales contract
Contract for the online sale of consumer goods for private individuals
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Supplier identificationThe goods covered by these general conditions are offered for sale by WALTER KERIOS STUDIO brand registered office in Roma, registered with the Roma Chamber of Commerce tax code and VAT number 14280681009 hereinafter referred to as "Supplier".
Definitions
1.1 The expression "online sales contract" means the sales contract relating to the Supplier's tangible movable property, entered into between the latter and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier.
1.2 The term "Buyer" means the natural person consumer who makes the purchase, pursuant to 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.
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 site www.walterkerios.com.
2.2 The products referred to in the previous point are illustrated on the web page: www.walterkerios.com./works and his undermenu.
How to stipulate the contract
3.1 The contract between the Supplier and the Purchaser is concluded exclusively through the Internet through the Purchaser's access to the address www.walterkerios.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1 The purchase contract is concluded by correctly filling out the request form and consenting to the purchase expressed through the adhesion sent by email, 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.
Methods of payment and refund
5.1 Each payment by the Purchaser can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2 Any refund granted to the Buyer will be credited through one of the methods proposed by the Supplier chosen by the Buyer, and, in case of exercise of the right of withdrawal, or as a partial refund as a discount, 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 and in any case not before having received the intact material.
Delivery times and methods
6.1 The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point.
6.2 Shipping times may vary from the day of the order to a maximum of 15 working days from confirmation of the same. For products from the "handmade" collection the maximum delivery times will be 30 working days from order confirmation. 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 Shipping methods, times and costs are clearly indicated and highlighted at the address www.walterkerios.com/services.
Pricing
7.1 All sales prices of the products displayed and indicated on the website www.walterkerios.com/works are expressed in U.S. dollars and constitute an offer to the public pursuant to art. 1336 cc.
7.2 Shipping costs and any ancillary charges (e.g. customs clearance), if any, while not included in the purchase price (except for orders greater than 10 pieces), must be indicated and calculated in the purchase procedure before forwarding the order by the Purchaser and also contained in the order summary email.
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
Availability of products
8.1 Since the products are manufactured only at the time of the order, the Supplier does not have goods in stock. The purchased product will be made within the times and methods indicated in the art. 6.
Limitations of responsibility
9.1 The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the times established by the contract.
9.2 The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9.3 Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the products purchased, if it demonstrates that it has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5 Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
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 deriving from 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 if the state of scientific and technical knowledge, at the time when 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 injured person was aware of the defect in the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.
10.5 In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6 The injured 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 injured party.
10.7 The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Guarantees and methods of assistance
11.1 For warranty methods and terms, refer to the general conditions of sale www.walterkerios.com/shippingandsales.
Obligations of the Buyer
12.1 The Purchaser undertakes to pay the price of the good purchased in the times and methods indicated in the contract.
12.2 The Buyer agrees, once the online purchase procedure is concluded, to provide for the printing and conservation of this contract.
12.3 The information contained in this contract have, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is made mandatory before confirming the purchase.
Right of withdrawal
13.1 In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2 In the event that the Buyer 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 30 (thirty) days 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 must notify the Seller via email to email postmaster@walterkerios.com. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided within the same terms. The date of delivery to the post office or courier will prevail between the Parties.
13.4 The return of the goods must in any case take place no later than 30 (thirty) 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, free from damage (including transport, which responsibility remains with the Buyer), and in any case, in a normal state of conservation.
13.5 The Buyer cannot exercise the right of withdrawal for contracts for the purchase of products or goods made to measure or personalized with hand decorations (retouchè) as they are inseparable from the basic "print" product (which can no longer be restored to its original state), or which by their nature, cannot be returned or risk deteriorating or expiring rapidly, of supply of newspapers, periodicals and magazines, as well as 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, unless the Supplier agrees to bear them.
13.7 The Supplier will refund the entire amount paid by the Purchaser within 30 (thirty) days from receipt of the notice of withdrawal, without prejudice to the verification of the conditions of integrity of the product, expressed in point 13.4.
13.8 With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.
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 ex art. 1456 cc, without the need for a judicial ruling.
Protection of confidentiality and processing of the Buyer's 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 from the Supplier, data controller, are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for it. 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 . b, Legislative Decree 196/2003)[2].
15.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser 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 be shown only at the request of the Judicial Authority or other authorities authorized by law.
15.4 Personal data will be communicated, upon signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5 The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right
to obtain:
- a) the updating, rectification or, when interested, integration of the data;
- b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
- c) the certification that the operations referred to in the letters a) to b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6 The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
However, their removal will be done in a safe way.
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.
15.9 Anything sent to the Center's postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, 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 held responsible for the content of the messages themselves.
Method of storing the contract
16.1 Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.
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: postmaster@walterkerios.com 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.
Settlement of disputes
18.1 All disputes arising from this contract will be referred to the Roma 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.
Applicable law and referral
19.1 This contract is regulated by the Italian law.
19.2 Although not expressly provided for herein, the provisions of law applicable to the relationships and cases envisaged in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.
[1] Requirements of the Privacy Guarantor – art. 154, 1 c) of 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 Gazette 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 Gazette 21 June 2007, n. 142.