The present general conditions can be updated or modified at any time by the AGRICULTURAL GIOIA, which will communicate this through the appropriate channels of communication to customers. The consumer agrees and undertakes, whenever a change of these general terms and conditions, to provide for their printing and storage.
1. THE OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
To purchase agreement "on line" means the distance contract, and that the legal transaction concerning goods movable and/or services, stipulated between a supplier, AGRICULTURAL GIOIA, based in GIOIA TAURO (RC) - Via NAZIONALE 18, 153 and a consumer and/or client in the context of a sales system distance organized by the supplier who, for this contract, uses exclusively the distance communication technology called "internet". All contracts, therefore, will be concluded directly through access by the consumer and/or customer to the website corresponding to the address www.decarishop.it where, following the indicated procedure, will conclude the contract for the purchase of the asset. AGRARIAN GIOIA discretion may require the consumer and/or customer a confirmation of order.The consumer is any natural person who, in contracts for the sale of consumer goods, is acting for purposes unrelated to the business activity eventually carried out. For distance contracts with consumers is explicitly invoked the rule contained in section II of the D. Lgs. no. 206 of 6 September 2005.
2. SALES PRICES AND PURCHASING methods
All sale prices of products displayed and indicated on the website, which constitute public offer pursuant to art. 1336 c.c., are inclusive of I. V. A. and all other taxes. It will be the responsibility of the customer a contribution for shipment expenses, clearly displayed before the finalization of the order, variable in relation by weight, size and destination (on Italian territory or abroad) of the same order; as to the destination abroad will be the responsibility of the consumer and/or customer to verify the additional costs to the State in which it will have to be carried out the delivery by sending a specific written request via e-mail (firstname.lastname@example.org) or fax (+39 0966 39 31 192).
The purchase contract is concluded through the exact compilation and the consent to the purchase manifested through the given adhesion "on linens" that is with the subscription of the purchase order attached to the e-catalog on this site.The customer can pay the ordered goods using the payment services indicated online at the time of purchase:
- in cash to the courier (with a supplement of 3 euros - fee of delivery) either in cash or with a cashier's check made payable to the AGRICULTURAL GIOIA.;
· Advance Bank transfer made payable to the AGRICULTURAL GIOIA, Via NAZIONALE 18, 153, 89013 GIOIA TAURO (RC), which can be made by:
SAN PAOLO BANCO DI NAPOLI (coordinates: C/C IT221000 00001400 ABI 01010 CAB 81370 CIN, P)
- by credit Card (Visa, Mastercard, CartaSì, American Express, transaction-managed encryption SSL128-Bit from the server of our bank.
- Via postal order. The bulletin must include the following as the Order ID provided at the end of the purchase (usually a 6 digit number) with indication of the date of the order (click here to view a facsimile of the bulletin). The bulletin must be made to the postal current account n° 000071954168, made payable to the university OF DE CARIA ANTONIO
3. AVAILABILITY OF PRODUCTS the computer system of The website is designed to provide immediate shipment of orders and avoid customer unnecessary waiting time; in fact, it shows in real time, in its electronic catalog, the physical availability of the product and any condition of unavailability.
If an order exceeds the quantity existing in the warehouse, the computer system will bring "cash" purchase and receive, in the established times, only quantities. Product availability is not guaranteed on Saturday and Sunday, as it is carried out the update of the site. It may happen that two orders contemporaries do not allow for the update of availability. In the case of offers with discounts the possible lack of the product will not result in the cancellation of the order, and then the lack of benefit and the avoidance of the same will be done in terms of the law (D. Lgs. no. 206/2005 ). If the consumer and/or customer does not agree to wait the necessary time for delivery (beyond the period provided for in art. 54 of D. Lgs. no. Legislative decree 206/2005 the contract will be terminated and Allteam will provide for the immediate transfer of payment.
4. THE EXECUTION OF THE CONTRACT AND MODE OF DELIVERY
AGRARIAN GIOIA will deliver to customers the products selected and ordered, in the manner referred to in the previous article, through couriers e/o forwarders of trust, or, at the discretion of the company, directly from the company.
4.1 The time of delivery will never exceed those provided for in art. 54 D. Lgs. 206/2005 (this term will be applicable also to transactions with non-consumers). The delivery date is valid date on the first attempt by the courier, delivery of the goods to the address (intended to be the main entrance of the building and not to access to a private residence), even if the attempt is not successful for absence of the recipient or rejection of the goods.
In cases of non-delivery of the goods ordered and shipped are not attributable to the AGRICULTURAL GIOIA, the same shall be entitled to the reimbursement of transport costs. This refund may also be made by reversal of the partial payment made with credit card.
5. OBLIGATIONS OF THE BUYER
The consumer and/or customer agrees and undertakes, once the purchase procedure "on line", to print and keep these general conditions, which, however, has already seen and accepted as obligatory step in purchasing and specifications of the product object of the purchase, in order to fully satisfy the condition referred to in arts. 4, 5, 52 and 53 of the Decree. Legisl. n° 206/2005.
It is strictly prohibited to enter false data, and/or fantasy, in the procedure of recording necessary to activate in its it confronts iter for the execution of the present contract and the relative further communications; personal data and e-mail address must be exclusively their real personal data and not of third persons, or fantasy. The consumer and/or customer authorizes AGRICULTURAL GIOIA and undertakes to provide, on simple request of the latter, a copy of identity documents have not expired. Failure to comply with a request of documents authorizing the AGRICULTURAL GIOIA to terminate the contract for breach by the buyer. It is expressly forbidden to make multiple registrations of the same person or enter data of third persons. AGRARIAN GIOIA reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The Customer indemnifies The AGRICULTURAL GIOIA from any liability deriving from issuing of incorrect fiscal documents due to errors related to data provided by the Customer, being the Client is solely responsible for the correct insertion.
6 by Filling in the appropriate space on the website of the banking system of payment, the consumer and/or customer authorizes AGRICULTURAL GIOIA to use their credit card, or other card issued in replacement thereof, and to debit on the own current account in favor of AGRICULTURE GIOIA, the total amount indicated as the cost of the purchase made "on line". The whole procedure is done via secure connection directly connected to the bank owner and operator of the payment service "on line", to which the AGRARIAN GIOIESI can not access. If the consumer were to exercise the right of withdrawal, as explained in point 9 of these general terms and conditions, the refund amount will be credited to the same credit card.
6.1 by Filling out the registry card in the procedure of recording necessary to activate in its it confronts iter for the execution of the present contract and the relative further communications, the consumer and/or customer authorizes AGRICULTURAL GIOIA to communicate non-sensitive personal data (residence, telephone number) to couriers and/or forwarding agents used for delivery of the goods purchased to allow the procedures necessary for delivery.
Attention: in the month of August due to the reduction in the services provided by couriers, shipments may be subject to a delay of 24/48 hours compared to the estimated delivery
The consumer and/or customer from receipt of the damaged goods or seeks the return of the carrier has exclusive and direct action against the carrier. This also responds to the delay in delivery of the goods to the consignee. AGRARIAN GIOIA, in such cases, shall be exempt from all liability for loss or damage (damage) of the goods from the time the same is delivered unconditionally to the carrier for transport.
7.1 In the event of damage to the packing or package, the Customer has the burden to make reservations in order to property transported at the time of delivery, on penalty of forfeiture.
In the case of partial loss or damage not recognizable at the time of delivery, the consumer and/or customer must denounce the carrier, under penalty of forfeiture, the damage just met and no later than eight days from the receipt by registered letter to.r.(art. 1698 c.c.)
7.2 To this end, it is noted that all parcels are packed with tape and strapping. Likewise, AGRICULTURAL GIOIA is not responsible of the eventual fraudulent and illicit use which may be made by Third parties of credit cards, cheques and other means of payment at the time of purchase of the products, not being, at no time part of the procedure.
7.3 the images of The products published on the site are purely indicative. In the absence of specific indications in order notes can not be complained of the lack of conformity of the purchase
8. WARRANTIES AND SERVICE MODE
The products sold by AGRICULTURAL GIOIA, are guaranteed for one or two years from the date of purchase by the manufacturer (the exact modalities of the warranty are outlined in the document inside the package). This service is provided directly by manufacturers of goods sold through its service centers. The references of these service centers, when not present in the tabs of the individual products, will be provided by the AGRICULTURAL GIOIA, who will respond to the address email@example.com.
8.1 The Consumer (any natural person who, in contracts for the sale of consumer goods, is acting for purposes unrelated to the business activity eventually carried out, and still buy using the tax code and the vat), in the event that, within two years from delivery of the goods purchased, a fault occurs in accordance with the contract to be considered present at the time of delivery, has the right to contact the AGRICULTURAL GIOIA, requiring, at its option, repair or replace the goods. If the remedy requested is objectively impossible or excessively expensive compared to the other AGRICULTURAL GIOIA offers the Consumer another remedy. If a consumer requests or accepts the remedy of repair, the reasonable period of time will be determined by express reference to the timing of the service centers charge. For this reason, the AGRARIAN GIOIESI can not be held responsible for delays in the execution of the remedy of repair.
8.2 The consumer, if you do not accept the alternative remedy, may, at its option, an appropriate reduction of the price or rescission of the contract where one of the following conditions: (a) the repair or replacement are impossible or excessively expensive; b) the seller has failed to repair or replace the goods within the reasonable period of time; c) the replacement or repair previously performed has caused significant inconvenience to the consumer.
In determining the amount of the reduction or the sum to be refunded will take account of the use of the property (art. 1519 c c.c.).
8.3 it is the responsibility of the consumer to prove that it is a defect of conformity existing at the time of conclusion of the contract, unless the same does not occur within six months from delivery (art. 1519-sexies c.c.).
8.4-The denunciation of the defect must be made within two months from the discovery, under penalty of forfeiture (art. 1519-sexies c.c.).
8.5 The Consumer, to request the remedy of replacement or repair, purchaser must make the appropriate complaint following the procedure indicated in the following point no. 10.
8.6 AGRICULTURAL GIOIA, subject to unavoidable communication of the return code, may authorise return of the product for testing to be carried out in the relevant service center used by the seller.
The cost of return will be borne by the consumer. The risks relating to transport of goods are the responsibility of the sender that can freely choose whether to insure the shipment without obligation to refund to the seller. We will not accept shipments sent “freight collect” unless previously agreed with the seller. In the case where it is determined that the defect complained of the AGRICULTURAL GIOIA will perform, in a reasonable time, the remedy agreed upon, as well as the accreditation of the shipping costs incurred except for services that are not ordinary.
The AGRICULTURAL GIOIA reserves the right to charge the customer for any costs incurred for product verification and for the return of the same, if it is undamaged and functioning or that is free of the defect complained of, and refers to the date of delivery, differently from that stated by the customer.
8.7 The Customers, “not consumers” (that is, who purchase with vat) for any replacements or repairs will be able to speak directly to the service centers.In every case of a request for termination of the contract or reduction of the price pursuant to art.1492 c.c. the same must be preceded by the submission of appropriate certification of the authorized service center on the existence and nature of the defect complained of. Only after the receipt of such certification and proceed with the processing of your request.
9. THE RIGHT OF WITHDRAWAL
the rules on the right of withdrawal are contained in articles. 64/67 d.lgs. no. 206/2005 (code consumer). The “consumer”, which for any reason are not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 10 working days for the goods from the day of receipt, for services from the day of conclusion of the contract "on line".
This right may be exercised only by consumers, so all purchases made for purposes unrelated to the entrepreneurial or professional activity, i.e. where it is inserted a reference to VAT in the order form, do not enjoy such a right.
The consumer may exercise the right of withdrawal by making a specific claim, or by sending notice via telefax, or telegram, or e-mail. Any type of communication (including a complaint) must be followed under penalty of forfeiture within 48 hours by a registered letter.r.; it is pleasing, even if not necessary and obligatory, a small comment on the incident.
All costs of returning the products are specifically charged to the consumer, which, through its freight forwarder, will forward the same to the facility logistics of AGRICULTURAL GIOIA, after essential authorisation to return will be given by the AGRICULTURAL GIOIA via e-mail. It is understood that the risks of transport for the return of the items are at the consumerís expense.
All items must be returned in the same conditions of receipt, unused and fully intact, in the original packaging and any manuals, without any lack.
the consumer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed software that have been opened; also may not exercise this right for products made to specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
To facilitate the return to the consumer that the posters of his / her withdrawal, will be given an identification number to return the goods, via e-mail message. This number will facilitate the return of the goods, which must take place no later than ten working days from the communication of the return number. The return of the product to which you requested and obtained the withdrawal after the above deadline involves the forfeiture of the same, with the simultaneous refusal of return.
The right of withdrawal will be forfeited in its entirety when there is no "essential integrity of the good" (packaging and/or its contents), in cases where the AGRICULTURAL GIOIA finds: the lack of the original internal/external package; the absence of integral elements of the product (accessories, cables, manuals, parts, ...); use of the product that make it impossible to restore to pre-existing conditions to the sale.
The AGRICULTURAL GIOIA will accept the returned goods reserving to verify that the products are returned in original condition and with packaging intact. And' advisable to use the original packaging of the product with other protective packaging that preserves the integrity and protect him even from writing or from appropriate labels. Only in this case will refund the amount paid by the consumer within the terms of the law (30 days). The AGRICULTURAL GIOIA will credit the amount by the reversal of the payment made by credit card or by bank transfer. In the latter case, the Customer must communicate his bank details (Cod. ABI - CAB - Current Account of the invoice holder) to receive the refund.
In the case of forfeiture of such right, THE AGRICULTURAL GIOIA will return to sender the good purchased, charging the same shipping costs.
Any complaint must be submitted on-line using the form contained in the section “complaints” that must be completed in all its spaces. The Customer will receive an e-mail confirmation of the opening of the complaint within the next three working days; with the same communication will be provided instructions for the definition of the procedure and forwarded requests for clarification or documentation. In accordance with current regulations the Customer/Consumer, in the case of a complaint submitted later than six months from the delivery of the product, must provide suitable documentation proving that the defect was existing at the time of delivery. For complaints within six months of delivery, THE AGRARIAN GIOIA reserve the right to verify the existence of the defect alleged by the Customer/Consumer, to be carried out in the relevant service center used by the seller, before granting the remedy sought or the alternative provided for by the law.
IN THE CASE OF MATERIAL DAMAGED IN THE TRIP:
- It is important that the goods should be checked upon arrival in the presence of the courier if you notatano anomalies in the package type (package wet; neck ripped, the neck bruised; in the case of multicollo partial delivery), please return it to the sender, and we will rispedirne another.
- It is important to make the reserve of Your letter of the car that leaves the courier with the signature of the same, in the case of damaged material, and You collected only with the reserve signed by the carrier, the dispatch of the products to our premises at Your own cost, we do not prorate or retreats.
WE DO NOT ACCEPT COMPLAINTS WITHOUT THE RESERVE ON THE LETTER DELIVERY IS MADE TO THE COURIER AT THE TIME OF ARRIVAL OF THE GOODS.
11. CONTRACTUAL RESOLUTION AND EXPRESSED RESOLUTIVE CLAUSE
The AGRICULTURAL GIOIA has the faculty to resolve the stipulated contract giving of simple communication to the consumer and/or customer with adequate and justified motivations; in such case, the customer will have straight exclusively to the restitution of the eventual sum already paid.
The obligations assumed by the customer pursuant to art. 5 (Obligations of the buyer), as well as the guarantee of successful payment the customer makes with the means referred to in art. 2, have essential character, so by express agreement, the failure on the part of the consumer and/or customer, only one of those bonds will determine the resolution of contract law ex art.1456 c.c., without necessity of judicial decision, without prejudice to the right to THE AGRARIAN GIOIA sue for compensation for further damage.
12. AWARDING AND PROCESSING OF PERSONAL DATA
The personal data are collected for the purpose of registering the customer and turn against him procedures for the execution of the present contract and the relative necessary communications; such data are processed electronically in compliance with laws and can be produced only on request the judicial authority or other authorities authorized by the law. The personal data will be communicated to delegated subjects to carry out activities necessary for the execution of the stipulated contract and diffused exclusively within such finality.
The Customer expressly undertakes to provide to the Allteam srl copy of identity documents deemed necessary for the purpose of any audits. The failure to comply with the above-mentioned request authorizes THE AGRICULTURAL GIOIESEall'immediate termination of the contract for non-performance.
The treatment takes place, even with the help of electronic means, in accordance with arrangements that article. 11 of the D. Lgs. 30 June 2003, n. 196 places to guarantee user, and, in general, protecting your rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The treatment will take place for a period of time not exceeding that strictly necessary for the fulfillment of the above-described purposes. The personal data are not disclosed to third parties.
The cancellation of the personal data is subject to sending a written communication sent by fax (+3909663931192) or by post to the head office.
Owner and responsible for the collection and processing of personal data is THE AGRICULTURAL GIOIA - Via NAZIONALE 18, 153 - 89013 GIOIA TAURO (RC).
13. JURISDICTION AND COMPETENT HOLE
Any dispute regarding the application, execution, interpretation and violation of purchase contracts signed "on line" via the website is subjected to Italian jurisdiction; except for the cases provided for by art. 63 of the D. Lgs. no. 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract will be exclusively the competence of the court of PALMS.