General terms and conditions applied to online sales on the website www.exseatbag.com and pre-contractual information
The Buyer expressly and preliminarily declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by Omnia di Alice Cococcioni based in Monte Urano (FM), registered with the Chamber of Commerce of Fermo with VAT number 02435640442 hereinafter referred to as “Seller”.
1.1. The term “online sales contract” means the sales contract relating to the Seller’s tangible movable property, stipulated between them and the Buyer as part of a sales system remotely via telematic tools, organized by the Seller.
1.2. The expression “Buyer” means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression “Seller” means the person indicated in the epigraph or the person providing the information services.
2.1. With this contract, respectively, the Seller sells and the Buyer remotely purchases the movable tangible assets indicated and offered for sale on the website www.exseatbag.com via telematic tools.
2.2. The articles on the site can be purchased, while stocks last, only by those who have reached the age of eighteen.
2.3 The Purchaser is prohibited from entering false and / or invented and / or fictional names in the online order procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.4 By accepting these Conditions of Sale, the Buyer also exonerates the Seller from any liability deriving from the issue of incorrect tax documents due to errors in the data provided at the time of placing the online order. , being the Buyer himself as the customer solely responsible for their correct insertion.
3.1 The characteristics of the products are those visible online at the time the order is placed.
3.2 The Seller shows the products as truthfully and accurately as possible; the colors, as well as the other aesthetic characteristics of the product displayed, may however undergo variations due to the user’s monitor, as well as for other technical reasons not attributable to the Seller who, therefore, does not guarantee that the colors, as well as the other characteristics techniques and aesthetics displayed, are reproduced on the screen in a way perfectly responsive to reality.
3.3 The type of products published online and their availability (this indication is to be considered non-binding) may change at any time without imposing any liability on the Seller.
4.1 The purchase contract is concluded exclusively online, through the exact compilation of the order and the consequent purchase consent expressed by the Buyer according to the procedures indicated on the site.
4.2 The Purchaser undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these General Conditions of Sale as well as the specifications of the purchased product provided on the site.
5.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the subscription sent online, after viewing an order summary web page , printable, which shows the details of the purchaser and the order, the price of the purchased good, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
5.2. When the Seller receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page. in which the data referred to in the previous point are also reported.
5.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
6.1. Any payment by the Buyer can only be made by means of one of the methods indicated in the appropriate web page by the Seller.
6.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art . 13, point 2 et seq. of this contract, no later than 30 days from the date on which the Seller became aware of the withdrawal.
6.3. All communications relating to payments take place on a specific line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
7.1. The Seller will deliver the selected and ordered products, in the manner indicated on the website at the time the goods are offered.
7.2. Shipment will take place within a maximum of 5 working days from order confirmation. In the event that the Seller is unable to ship within this period, the Buyer will be promptly notified by e-mail.
7.3. The shipping methods, times and costs are clearly indicated and well highlighted on the website at the time the goods are offered.
8.1. All sales prices of the products displayed and indicated on the website www.exseatbag.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code and are solely referable to the products sold online on this site.
8.2 The price applied will be the one in force at the time of the order, regardless of any subsequent price increases or decreases (eg due to promotions occurring later).
8.3 The Seller reserves the right to change the prices of the products without prior notice: any new amounts will be effective from the moment they are published on the website www.exseatbag.com and will be applied to sales made by that moment.
8.4 Shipping costs must be added to the price: these costs will be calculated based on the weight and quantity of the products and the destination of the order; in case of delivery abroad, any additional costs due to taxes or duties required by the legislation in force in the country of destination will be borne by the Buyer.
8.5 The total amount of the order (price + shipping costs) will be visible before confirming the purchase.
8.6 The tax documentation will be issued by the Seller upon delivery of the products.
9.1. The Seller ensures through the electronic system used, the processing and fulfillment of orders without delay within the indicated times. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products.
9.2. Should an order exceed the quantity existing in the warehouse, the Seller, by email, will notify the Buyer if the asset is no longer bookable.
10.1. The Seller assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
10.2. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its suppliers .
10.3. The Seller will also not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred.
10.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, for the payment of the purchased products, if you demonstrate that you have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
10.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment within the time and manner indicated by the Seller.
11.1 The Buyer may pay the price in the following ways:
– Credit card
– Bank transfer – IBAN: IT41 B061 5069 600C C012 0105 004
12.1 In the event that the ordered product is immediately available, the Buyer will pay in a single solution before shipping the product.
12.2 In the event that the ordered product is not immediately available, the Buyer will still pay in a single solution while waiting to receive the item in 20 working days.
13.1. The Purchaser has in any case 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 good.
13.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt. , using the specific form provided, to the address: Omnia di Alice Cococcioni, via Olimpiadi 47, Monte Urano (FM), or by e-mail to the e-mail email@example.com, provided that such communications are confirmed by sending by registered letter with return receipt at the address: Omnia di Alice Cococcioni, via Olimpiadi 47, Monte Urano (FM) within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be valid between the Parties.
13.3. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and have not been used.
13.4. The Buyer cannot exercise this right of withdrawal for goods made to measure or clearly personalized, as required by art. 55 of the Consumer Code.
13.5. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
13.6. The Supplier will refund the full amount paid by the Buyer within 30 (thirty) days of receipt of the notice of withdrawal.
13.7. 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 mutual obligations, without prejudice to the provisions of the previous points of this article .
13.8 Exchange. Given the unique nature of the items sold, the Seller is unable to offer the product exchange service. If you wish to order a different color variant of the same item, or to purchase another one, we invite the Buyer to exercise the right of withdrawal and subsequently place a new order.
14.1. The Seller 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 30 June 2003, n. 196.
14.2. The personal and fiscal data acquired directly and / or through third parties by the Seller, the data controller, are collected and processed electronically, in relation to the processing methods for the purpose of registering the order and activate the procedures for the 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 perform the service in the best possible way required (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
14.3. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or pass them on to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
14.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract (example: courier) and communicated exclusively for this purpose.
14.5. The Buyer enjoys the rights under art. 7 of Legislative Decree 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data which need not be kept for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
14.6. 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.
14.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
14.8. Owner of the collection and processing of personal data is the Seller, to whom the Buyer can address any request at the headquarters.
14.9. Anything sent to the Seller’s e-mail address (including electronic mail), outside the purchase procedures (requests, suggestions, ideas, information, etc.) will not be considered information or data of a confidential nature, it 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 Seller cannot be attributed any responsibility for the content of the messages themselves.
15.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital form on the server according to criteria of confidentiality and security.
16.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: Omnia di Cococcioni Alice, via Olimpiadi, 47 Monte Urano (FM), or sent by e-mail at the following address: firstname.lastname@example.org . The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Seller’s communications to be sent.
17.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Fermo and resolved according to the Conciliation Regulations adopted by the same.
17.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the Purchaser, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
18.1. This contract is governed by Italian law.
18.2. Although not expressly provided herein, the provisions of law applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
18.3. 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.
Model withdrawal form pursuant to Article 49, paragraph 1, lett. h) of the Legislative Decree n. 21 of 2014 (complete and return this form only if you wish to withdraw from the contract)
Hereby I_________________________ notify the withdrawal from the sales contract relating to the purchased good: __________________, marked by the following order number _________
Buyer data: ___________________
Signature of the buyer (only if this form is notified on paper)