The Buyer expressly declares that the purchase is unrelated to any business run by himself
Identification of the Supplier
The goods mentioned in these general conditions are offered for sale by FOTO FONTANELLI di Paolo, Fabrizio & C. snc head office/branch San Gimignano, address Piazza Duomo n. 11, registered at the Chamber of Commerce of Siena 00810800524 , Commercial Register, tax code REA n. 92977 , VAT number 00810800524
hereinafter referred to as “Supplier”.
Art. 1
Definitions
1.1 By “ On line contract of sale” we mean the trade agreement related to the Supplier’s tangible property, entered into with the Buyer, made remotely via computer network, organized by the Supplier.
1.2 By “Buyer” we mean the consumer as a natural person, who concludes the purchase, with purposes not related to any commercial or professional activities.
1.3 By “Supplier” we mean the person mentioned in the headnote, that is to say the provider of the information services.
Art. 2
Aim of the contract
2.1. By this agreement the Supplier sells and the Buyer purchases remotely via computer network movable tangible properties listed and offered for sale on the website https://www.fotofontanelli.it.
2.2. The above mentioned products are described on the website: https://www.fotofontanelli.it/shop/.
Art. 3
Sale conditions and terms of use
3.1. The Supplier and the Buyer conclude the contract exclusively via internet: the Buyer formalizes the purchase proposal at https://www.fotofontanelli.it following the procedure as mentioned on paragraph 2.1 of the previous article.
Art. 4
Conclusion and effectivness of the contract
4.1. The purchase contract is concluded by correctly filling in the application form and the consensus expressed by the acceptance sent online, or by filling in the form attached to the electronic catalog on line at https://www.fotofontanelli.it/en/checkout/ and then by sending it after viewing the summary of the order on a printable web page, where the details of the Purchaser and of the purchase are reported, as well as the price of the purchased goods, the shipping costs and any additional expenses, the payment methods and terms and besides the address where the goods will be delivered, the delivery time and the right to exercise the withdrawal right.
4.2 When the Supplier receives the order from the Buyer, the confirmation is sent by e-mail or by display of a printable web page showing the order recap, in which the data summed up in the previous point are also listed.
4.3 The contract is deemed not perfected and effective between the parties in case of any fault regarding point 4.2.
Art. 5
Payment and refund
5.1 The Buyer can pay for the goods by any of the methods specified by the Supplier on the web page.
5.2 Any refund will be promptly credited to the Buyer through one of the means proposed by the Supplier and chosen by the Buyer and, in case of right of withdrawal, according to art. 13 point 2 and following of this contract, within 30 days from the date on which the Supplier became aware of the withdawal.
5.3 All communications related to the payments are made on the Supplier’s special line protected by a security code. The Supplier guarantees the storage of these information with a further security level and in accordance with the current legislation regarding the protection of personal data.
Art. 6
Delivery methods and times
6.1 The Supplier will deliver the goods selected and ordered, according to the Buyer’s choice or according to one of the ways shown on the website when the goods were offered and confirmed by e-mail
6.2 The timing of the shipping may vary from the day of the order to up to 20 working days from the order confirmation. If the Supplier is unable to ship within that term, but in any case within the term indicated in the following point, prompt notice will be given to the Buyer by e-mail.
6.3 The way, the timing and the shipping costs are clearly pointed out and well shown at https://www.fotofontanelli.it/en/cart/.
Art. 7
Prices
7.1 All the selling prices of the products shown and displayed on the website https://www.fotofontanelli.it/en/shop/ expressed in Euro and are offered pursuant to Art. 1336.
7.2 The selling prices (see previous point) are inclusive of VAT and of any other taxes. The shipping costs and any additional charges (e.g. custom clearance) if present, although not included in the purchase price, must be shown and calculated in the purchasing procedure before the Buyer sends his order and must be shown on the web page in the order recap.
7.3 The prices of each item offered to the public are valid until the date indicated on the catalog.
Art. 8
Availability
8.1 The Vendor assures the processing of the order by the computerized system and fulfills it without delay. For this purpose the available and not available products, as well as the shipping time, are shown in real time on the electronic catalog.
8.2 If the goods in stock are not enough to satisfy the request, the Supplier will inform the Buyer by e-mail that the goods cannot be fully delivered or the time needed, so that the Buyer can decide whether to confirm the order or not.
8.3 The Supplier confirms the registration of the order as soon as possible by forwarding the confirmation by e-mail, according to point 4.2.
Art. 9
Limitation of responsibility
9.1 The Supplier assumes no responibility regarding disruptions caused by force majeure, if unable to execute the order within the term foreseen on the contract.
9.2 The Supplier is not responsible to the Buyer for having caused disservices or malfunctions in the use of the internet when it can not be controlled by the Supplier or by the subcontractors, except in case of willful misconduct or gross negligence.
9.3 The Supplier is not responsible for any damages, losses and costs the Buyer suffers as a result of the unsuccesful performance of the contract in case the Supplier is not responsible for the causes, the Buyer is only entitled to a refund of the price paid and of any additional charges.
9.4 The Supplier assumes no responsibility for any fraudolent and illegal use of credit cards, checks and other means of payment for the goods purchased, which may be made by a third party, if he proves that all possible precautions had been taken on the base of the best science and experience of the moment and according to ordinary diligence.
9.5 On no account is the Buyer responsible for delays or mistakes in the payment, if it is made respecting the term and the means specified by the Supplier.
Art. 10
Responsibility for defects, proof of the damage and compensation for damages: Supplier’s obligations
10.1 Pursuant to Art. 114 foll. of the Consumer Code, the Supplier is responsible for the damages caused by the defects of the goods, if the identity and the address of the manufacturer or of the Supplier is not communicated to the Damaged within 3 months from the request.
10.2 The Damaged must forward a written request (see above) in which the product that caused the damage is indicated as well as the place and the date of the purchase, offering the product for the examination, if still existing.
10.3 The Supplier shall not be held responsible for the consequences resulting from a defective product, if the defect is due to the conformity of the product, to an imperative legal rule or to a binding measure, or if the scientific and technical knowledge did not allow yet to consider the product defective when put into circulation.
10.4 No compensation is due if the injured party had been aware of the defect and the deriving danger but had intentionally exposed themselves to it.
10.5 In any case the Injured Party must prove the defect, the damage and the causal relationship between defect and damage .
10.6 The Damaged may demand compensation for the damage caused by death or personal injury or by destruction or deterioration of an object different from the defective product ordinarily intended for private use or consumption and so mainly used by the Damaged.
10.7 According to the art. 123 of the Consumer Code, the damage will be compensated only to the extent that exceeds the sum of three hundred eighty seven euros (€ 387).
Art. 11
Warranties assistance options
11.1 The Supplier is liable for any lack of conformity occurred within 2 years from the delivery.
11.2 The goods are supposed to comply with the contract, if, where relevant, the following circumstances coexist:
- a) they are fit for the purposes for which the goods of the same type are normally used;
- b) they comply with the description given by the Supplier in accordance with the samples or models shown to the Consumer;
- c) their quality and performance are usual in the goods of the same type and the Consumer can reasonably expect it, given the nature of the property and, where appropriate, the public statements on the specific characteristics of the goods made by the Supplier, the producer or its agent or representative, particularily in the advertising or labelling;
- d) they also are suitable to the particular use expected by the Consumer, who should let it know to the Supplier at the settlement of the contract and the Supplier should accept it through conclusive facts too.
11.3 The Buyer loses all rights if he does not inform the Supplier about the lack of conformity within two months from the date of the discovery of the defect. The complaint is not required if the Supplier admits the exististence of the defect or conceals it.
11.4 In any case, unless proved otherwise, it is assumed that any lack of conformity becoming apparent within 6 months after the delivery of the goods,already existed at that time, unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.5 In case of lack of conformity the Buyer may ask without any charge, under the below mentioned conditions the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request is not objectively impossible to be satisfied or it is prohibitively expensive for the Supplier pursuant to art. 130 par. 4 of the Consumer Code.
11.6 The request must be sent in writing, by recorded-delivery letter with advice of receipt to the Supplier, who will accept or reject the request, justifying the refusal, within 7 working days from the receipt. If the Supplier accepts the Buyer’s request, the method of delivery or return of the goods must be indicated, as well as the deadline for the return or replacement of the defective goods.
11.7 If the repair and replacement are impossible or too expensive, or the Supplier does not repair or replace the goods within the period provided for in the paragraph above, or the replacement or repair previously made caused significant inconvenience to the Buyer, a price reduction or the termination of the contract can be required. In this case the Buyer shall send the request to the Supplier, who will accept it or give the reasons why he cannot, within 7 working days from the receipt.
11.8 In the Supplier’s communication of acceptance of the Buyer’s request, the proposed price reductions or how to return the defective goods must be indicated. In this case the Buyer mustl inform the Supplier on how to refund the amount previously paid to the Supplier.
Art. 12
Buyer’s obligations
12.1 The Buyer agrees to pay the price of the goods purchased in the correct way and within the proper time as specified in the contract.
12.2 At the end of the online purchase procedure, the Buyer agrees to print and keep this contract.
12.3 The information contained in this contract however have been already examined and accepted by the Buyer, who acknowledges it, as this step is mandatory before confirmation of the purchase.
Art. 13
Right of withdrawal
13.1 In any case the Buyer has the right to cancel the contract without any penalty, and without giving any reason, within 14 working days from the day of receipt of the goods purchased.
13.2 If the trader does not fulfill his obligations to provide information on existence, methods and timing of the return or the picking up of the goods in case of the right of withdrawal pursuant art. 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 12 months from the end of the initial period and starts from the day on which the Consumer receives the goods.
13.3
If the Buyer decides to exercise the right of withdrawal, this must be notified to the Supplier by registered mail with acknowledgement of receipt to FOTO FONTANELLI di Paolo, Fabrizio & C. snc – San Gimignano, Piazza Duomo n. 11
or by fax to the number +39 0577 95 03 51 or to the e-mail address info@fotofontanelli.it, provided such communications are confirmed by sending a registered mail with acknowlwdgement of receipt to FOTO FONTANELLI di Paolo, Fabrizio & C. snc – San Gimignano, Piazza Duomo n. 11 within the following 48 hours. The stamp on the receipt released by the post office serves as proof between the Parties. To exercise the right of withdrawal, instead of sending this notice, it is possible to return the purchased goods, as long as the terms remain the same. The date of delivery to the post office or to the shipping agent serves as proof between the Parties.
13.4 Anyway the return of the goods must take place at the latest within 30 (thirty) days from the day of receipt of the goods. In any case, to be entitled to full reimboursement, the goods must be returned intact and in normal conservation status.
13.5 The Buyer cannot exercise the right of withdrawal in case of purchase of audiovisual products or sealed software that have been opened by the Buyer himself, as well as of custom-made goods or clearly personalized, or which, by their nature, cannot be returned or are liable to deteriorate quickly, of the supply of newspapers and magazines, as well as of goods whose price depends on the rate fluctuations in the financial market, that the Trader is not able to control and in any other case provided by art. 500 of the Consumer Code.
13.6 The only charges payable by the Consumer to exercise the right of withdrawal pursuant to this aricle, are the direct costs to return the goods to the Supplier, unless the Supplier does not agree to pay for them.
13.7 The Supplier will refund the full amount paid by the Buyer within 30 (thirty) days from the receipt of the notice of withdrawal.
13.8 At receipt of the notice with which the Buyer notifies the exercise of the right of withdrawal, the Parties of this agreement are freed from the mutual obligations, except as provided for in the previous paragraphs of this article.
Art. 14
Causes of resolution
14.1 The obligation of point 12.1, assumed by the Buyer, as well as the guarantee of the payment made by the Buyer using the means of point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6, are essential, so that, by express agreement, the failure of even one of these obligations, if not caused by accident or force majeure, will result in the termination of the contract pursuant to art. 1456 c.c., without any judicial decision.
Art. 15
Protection of privacy and Buyer’s data processing
15.1 The Supplier protects the privacy of the customers and ensures that the data processing complies with the law on privacy in Legislative Decree 30 June 2003 n. 196.
15.2 The personal data collected directly and/or through third parties by the Supplier FOTO FONTANELLI di Paolo, Fabrizio & C. snc,
who is the data controller, are collected and processed either in paper or electronic form, in relation to the treatment methods with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, and to enable effective management of business relationships to the extent necessary to perform the best service required (art.24, par. 1, lett. b, Leg. Dec. 196/2003).
15.3 The Supplier is required to process as confidential the data and the information submitted by the Buyer and not to disclose to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data can only be produced at request of the judicial authority or of other legally authorized authority.
15.4 The personal data will be communicated after signing a commitment to confidentiality, only to the people delegated to carry out the necessary activities for the execution of the contract and communicated only for that purpose.
15.5 According to the art. 7 of the L.D. 196/2003, the Buyer has the right to obtain:
- a) the updating, the rectification or, when needed, the data integration;
- b) the cancellation, anonimization or blocking of the data processed unlawfully, including the data that need not to be kept for the purposes for which they were collected or subsequently processed;
- c) the certification that the operations in a) and b) have been notified, with their content, to those whom the data have been communicated ,except when it is impossible or when the use of disproportionate means is needed. The concerned Party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data even if relevant to the collection purpose;ii) to the processing of personal data with the purpose of advertising delivery or direct sales as well as market research or commercial communication.
15.6 The Buyer’s communication of the personal data is a necessary condition for the proper and timely execution of this contract. In its absence, the Buyer’s request cannot be satisfied.
15.7 In any case, the collected data will be kept no longer than it is necessary to the purpose for which it was collected and subsequently processed. Their removal will take place with a secure procedure.
15.8 The Holder of the collection and processing of the personal data is the Supplier, and all requests can be sent to the head office.
15.9 Communications such as requests,suggestions, ideas, information, materials etc. sent by mail (also electronic) to the address of the Centre, will not be considered confidential, must not violate the rights of others and must contain valid and true information, not detrimental to others’ rights, in any case the Centre is not liable for the content of the messages.
Art. 16
Filing of the contract
16.1 In accordance with Art. 12 of the Leg. Dec. 70/2003, the Supplier informs the Buyer that each order is filed in digital/paper form on the Supplier’s server/at the head office and that the confidentiality is guaranteed.
Art. 17
Communications and complaints
17.1
The written communications sent to the Supplier and any complaints will be considered valid only if sent to the following address FOTO FONTANELLI di Paolo, Fabrizio & C. snc – San Gimignano, Piazza Duomo n. 11, or faxed to the number +39 0577 95 03 51 or sent via e-mail to the following address info@fotofontanelli.it. The Buyer fills in the registration form with the address, the telephone number or the e-mail address where the Supplier’s communications have to be sent.
Art. 18
Settlement of disputes
18.1 All disputes arising from this contract shall be deferred to the Chamber of Commerce in Siena and settled according to the adopted Conciliation Rules.
18.2 If the Parties appeal to the ordinary judicial authority, the court of the Consumer’s elective residence or domicile shall have exclusive jurisdiction in accordance with the art. 33, comma 2, lett. u) Leg. Dec. 206/2005
Art. 19
Applicable law and recourse
19.1 This contract is governed by italian law.
19.2 The legislation applicable to the relationships and to the cases described in this contract and in particular art. 5 of the Rome Convention 1980,apply to the matters not expressly mentioned.
19.3 In accordance to the art. 60 Leg.Dec. 206/2005, we expressly refer to the legislation in Parte III, Titolo III, Capo i of the Leg.Dec. 206/2005.
Art. 20
Final clause
This contract abrogates and replaces any agreement, understanding,negotiation, written or oral, previously concluded between the Parties concerning the subject of this contract.