GENERAL CONDITIONS OF SALE
1. Name of the site, ownership of the domain name. Definitions.
1.1 These General Terms and Conditions of Sale ("Conditions") govern the offer and sale of products as defined below, via the website www.prealpina.it (hereinafter also "Site") by the Societa Editoriale Varesina Spa, with registered office in (21100) Varese, Via Tamagno, 13, (CF and P.Iva 00237060124) (hereinafter also "SEV" or "Seller" ).
1.2 The Site is owned by SEV, while the subject owner of the corresponding domain name is La Prealpina Srl, with registered office at (21100) Varese, Via Tamagno, 13, C.F. and VAT number 01620270122.
2. Scope of application of these Conditions.
2.1 The offer and sale of goods offered for sale on the Site (hereinafter also the "i"Product / s") Constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, No. 70, containing the regulation of electronic commerce.
2.2 These General Terms and Conditions of Sale apply to all contracts concluded with S.e.v. through the Site (hereinafter also the "Contract (s)").
2.3 These General Terms and Conditions of Sale may be changed at any time. Any changes and / or new conditions will be effective from the moment they are published on the Site. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale .
2.4 The applicable General Sales Conditions are those in force on the date the Order is sent and are available in Italian.
2.5 These General Terms and Conditions of Sale do not regulate the sale of products by parties other than SEV that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with these subjects, the user is therefore required to verify the conditions of sale adopted by the latter. SEV is not responsible for the provision of services and / or the sale of products by such parties. On websites that can be consulted through these links, the Seller does not perform any checks and / or monitoring. SEV is therefore not responsible for the contents of such sites, nor for any errors and / or omissions and / or violations of the law by the same.
2.6 The user is required to carefully read these General Terms and Conditions of Sale which SEV makes available to him on the Website page indicated in clause 2.3) above and which he is allowed to store and reproduce, as well as all other information that the Seller provides on the Site, both before and during the purchase procedure.
3. Identification of the seller subject
3.1 The Products purchased on the Site are offered, distributed and sold by SEV, which is, therefore, the only counterpart of the user who intends to purchase one or more Products via the Site and is therefore:
(i) the subject to which the user directs his Order in order to accept the offer and conclude the Contract;
(ii) the subject that assumes, with respect to the user, the pre-contractual obligations deriving from the offer;
(iii) the subject that concludes, with the user, the Contract, assuming the related obligations and rights. The Contract concluded through the Site must, therefore, be considered concluded between the user and SEV.
4. Purchases on the Site
4.1 The purchase of the Products on the Site takes place after registration, pursuant to clause 5) below, and is allowed for both consumers (later also "Consumers / e"), and professionals (later also "Professionals") , as defined in the art. 3, first paragraph, lett. a) and c) of the Consumer Code. The purchase of natural persons is allowed only on the condition that they have reached the age of eighteen.
4.2 the Seller reserves the right to refuse or cancel the orders they come from:
(i) by a user with whom it has an ongoing legal dispute;
(ii) by a user who has previously violated these Conditions and / or the conditions and / or terms of the Contract with SEV;
(iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments;
(iv) by users who have issued false, incomplete or in any case inaccurate identification data.
5. Registration on the Site
5.1 Registration on the Site is free. To register on the Site, the user must complete the appropriate form in the section of the Site "Create a new account" by entering his name, surname, address, date of birth, an e-mail address and a password and click on the button ( Create an account).
5.2 Registration on the Site, by opening a personal account called "My Account", allows the registered user (hereinafter also" Registered User ") to:
– save and modify your data;
– access all information relating to orders and returns;
– follow the order status;
– manage their personal data and update them at any time;
– use the dedicated services that may be activated by the Seller from time to time;
– express consent to the processing of personal data for the sending, by SEV, of newsletters.
5.3 The e-mail address and password indicated by the user when registering on the Site (hereinafter also the "Credentials") must be kept with extreme care and attention. They may be used only by the user and may not be transferred, except with the prior consent of the latter, to third parties. The user therefore undertakes to keep them secret and to ensure that no third party has access to them. The latter also undertakes to immediately inform SEV if he suspects, or becomes aware of, improper use or undue disclosure of the same.
5.4 The Registered User guarantees that the personal information provided during the Site registration process is complete and truthful and undertakes to hold the Seller harmless and free from any damage, compensation obligation and / or sanction arising from and / or in any connected to the violation of the rules on registration on the Site or on the preservation of Credentials
6. Information directed to the conclusion of the Contract.
6.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, SEV informs the user that:
(i) to conclude the purchase contract of one or more Products on the Site, the user must complete the order in electronic format and transmit it to SEV, electronically, following the instructions that appear, from time to time, on the Site (hereinafter also the "Order (s)");
(ii) the Contract is concluded when the Order reaches the server used by SEV;
(iii) before proceeding with the transmission of the Order, the user can identify and correct any data entry errors by following the instructions on the Website or modify the Order itself;
(iv) following the transmission of the Order for one or more Products, the user can modify his Order by accessing the area "my orders"and following the instructions on the Site, until, in the aforementioned area, it will not be indicated that the order can no longer be modified, since the Product is in preparation for shipment, in any case without prejudice to its right of withdrawal pursuant to of the following clause 16.
(v) once the Order is registered, the Seller will send to the user, at the indicated email address, the Order confirmation (later also "Order Confirmation") Containing: a hypertext link (hereinafter also" link ") to the present general conditions of sale published on the Site and applicable to the Contract, information relating to the essential characteristics of the purchased Product, detailed indication of the price, of the means of payment used, delivery costs and any additional costs, as well as information on the right of withdrawal;
(vi) the Order will be stored in the Seller's database for the time necessary for the execution of the same and, in any case, in accordance with the law. The essential elements of the Order will be reported in the Order Confirmation. Furthermore, the Registered User can access his order form by consulting the section "my orders"present on the Site.
6.2 The language available to users for the conclusion of the Contract is Italian. The Seller's customer service is able to communicate with users in the same language.
7. Product information and availability of the latter.
7.1 The Products on the Site are available and can be purchased until they are exhausted: for this reason, Orders can only be accepted within the limits set by the quantity of products available.
7.2 The Products offered on the Site are those illustrated in the section of the Site called "STORE" at the time of the execution of the Order by the user.
7.3 The availability of the Products on the Site is continuously monitored and updated. However, due to simultaneous purchases on the Site, it is possible, due to technical reasons, that the Product, even if accompanied by the word "Available", is not immediately available after the transmission of the Order.
7.4 If the Product is no longer available for the reasons indicated in clause 7.3 above, or, in other cases of unexpected unavailability of the Product, without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, SEV will immediately notify the user by e-mail. In such cases, the user will therefore be entitled to immediately terminate the Contract, subject to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. Alternatively and without prejudice to this right, the user can accept one of the following proposals from the Seller:
(i) if a restocking of the Product is possible, a delay in delivery terms, with indication, by SEV, of the new delivery term for the re-stocked Product;
(ii) if re-stocking of the Product is not possible, the supply of a different product, of equivalent or greater value, upon payment, in the latter case, of the difference and upon express acceptance of the user. The latter is required to promptly communicate his choice to the Seller when he is contacted by the latter's customer support.
7.5 In the event that the user makes use of the resolution right pursuant to art. 61, IV and V paragraph, Consumer Code and payment of the total amount due, consisting of the price of the Product, delivery costs, if applied, and any other additional cost, as resulting from the Order itself (hereinafter referred to as also "Total Amount Due") has already occurred, SEV will reimburse the Total Amount Due without undue delay and, in any case, within the term of 15 (fifteen) working days from the sending of the Order.
7.6 The repayment amount referred to in clause n. 7.5 above, will be communicated to the user via e-mail. In case of payment by credit card, the Total Amount Due will be credited to the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used.
7.7 In the case of Orders concerning a plurality of Products (hereinafter also "Multiple Order"), if the supervening unavailability concerns only some of the Products covered by the Multiple Order, without prejudice to the rights attributed to the user by the law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code and, subject to the application of clauses 7.4 and 7.5 above, should the unavailability arise regarding all the Products covered by the Order, the Seller will immediately notify the user by e-mail.
7.8 In the cases indicated in the previous clause, the user will be entitled to immediately terminate the Contract, limited to the Product and / or Products that have become unavailable, except for the right to compensation for damages, pursuant to and for the purposes of the provisions of art. . 61, fourth and fifth paragraphs, of the Consumer Code. Alternatively and without prejudice to this right, the user may accept one of the following SEV proposals:
(i) if it is possible to restock the Products subject to the Multiple Order which have become unavailable, a delay in the delivery terms for these Products, indicating the new delivery time for the same;
(ii) if it is not possible to replenish the Product and / or the Products that have become unavailable, the supply, in place of the Products object of the Multiple Order which have become unavailable, of different products, of equivalent or higher value, upon payment, in this last case, of the difference and subject to express acceptance by the user. The latter is required to promptly communicate his choice to SEV. when you will be contacted by the latter's customer support
7.9 In the event that the user makes use of the resolution right pursuant to art. 61, IV and V paragraph, Consumer Code, the Contract concerning the Product and / or the Products that have become unavailable will be partially terminated, limited to this / these Product / s with consequent restitution, if it has already been paid, of the amount due in relation to these Products and any other possible additional costs due in specific relation to these Products (hereinafter also "Partial Amount Due"); the resolution of the entire Multiple Order will be possible only in the case of evident and proven accessories of the Products covered by the Multiple Order which have become unavailable with respect to the other Products available in the Multiple Order available.
7:10 The Partial Amount Due in relation to the Product (s) which has become unavailable / s, will be reimbursed without undue delay to the user and, in any case, within the term of 15 (fifteen) working days from the sending of the Order. The refund amount will be communicated to the user via e-mail. In the case of payment by credit card, this amount will be credited to the same payment method used by the user for the purchase. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used.
8. Prices
8.1 Prices are expressed in Euro (€) and include the Value Added Tax (VAT) in force.
8.2 For the purpose of the purchase it is necessary to consider valid the price displayed at the time of registration of the Order: for this reason, in case of lowering of the value, to the user, no difference will be recognized on what has already been paid.
8.3 SEV reserves the right to change prices at any time. Finally, the prices on the product sheet are not to be considered inclusive of shipping costs, which the user can find indicated on the Site.
9. Purchase orders.
9.1 Once the registration procedure referred to in clause 5 above is completed, the user must select one or more Products which he intends to purchase, placing them in a virtual "cart", of which he will always be able to view the content before to forward the Order.
9.2 By clicking on the "Go to Cashier" button on the Site page called "Cart", the user will initiate the procedure for submitting the Order. In the formulation phase of the Order and until its actual forwarding, the user will, however, be able to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information.
9.3 By clicking on the "Order Now" button, at the end of the procedure initiated pursuant to the preceding clause 9.2, the user will forward the Order to the Seller. Upon submission of the Order by the user, SEV will promptly follow confirmation of receipt of the Order by sending an e-mail to the email account provided by the user. By sending this e-mail, the Seller will also inform the user whether the Order can be accepted or not (later also "Order Confirmation").
9.4 SEV will have the right to accept or decline any Orders received without, in case of rejection, the user can advance rights or claims against the Seller in any way. The Order will be considered, in any case, accepted and consequently the Contract concluded at the moment in which the user will receive, on his e-mail address, the Order Confirmation.
9.5 In case of payment by credit card or bank transfer, SEV will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due.
9.6 The ownership of the Products shall be deemed to have been transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier (later also "Shipment"). The risk of loss or damage to the Products, for reasons not attributable to SEV, on the other hand, shall be deemed to be transferred to the user, when the latter, or a third party designated by him or her other than the carrier, enters materially into possession of the Products. .
10. Payment methods
10.1 The available payment methods are Credit Card and Bank Transfer. For the purchase on the Website to be successful, the user must confirm acceptance of the cookies.
10.2 Credit card: the site accepts payments with CartaSi, Visa, VisaElectron, PostePay and Mastercard. Before proceeding with the purchase it is necessary to make sure at the issuing bank that the card is enabled for online purchases, as well as remembering to enter all the data correctly and to have the password of the security circuits Verified By Visa and SecurCode by Mastercard to depending on the credit card used. By choosing to pay by credit card, the amount is debited directly to the card upon acceptance of the order.
10.3 Using a credit card for online purchases is a practical and safe method. The Site is committed to maintaining the security of information concerning both credit card and personal data thanks to the KeyClient solution. All sensitive data is encrypted during transmission with SSL (Secure Sockets Layer) technology adopted worldwide as the most secure. All data is then stored on secure servers and away from possible Internet connections. However, it remains the user's responsibility to verify that his browser is compatible with SSL technology to complete the Order.
10.4 Bank Transfer: the user must make the transfer within 3 (three) days from the date of the Order. If this does not occur, the Order will be canceled and the Products made available again for purchase by other Customers. The user who has not made the transfer can be contacted by the Seller's customer service in order to clarify if the cause of the missed credit is due to the user's wish not to confirm the purchase or other cause.
Wire Transfer Data:
IBAN: IT 85 D 03069 22805 1000 0000 1490
Reason: the user must indicate the date and the number of the Order, which can be found in the Order Confirmation, in the reason for the transfer.
11. Payment at one of the collection points with cash, credit card, debit card.
11.1 In the event that the user chooses, as a method of delivery of the Products, the Delivery at one of the collection points indicated in the following clause 15, the payment of the Products can be made, at this collection point, at the time of withdrawal by cash , credit card or debit card. The credit cards that can be used are MasterCard, Visa and PagoBancomat.
11.2 The Product will be delivered only in the event that the person making the withdrawal is also the holder of the credit card to be used for payment.
12. Billing
12.1 The commercial invoice will be available by accessing the "My Account" area on the Site, that is, it will be sent in PDF format upon user request. Therefore, during the purchase process, the user will be required to provide billing information.
12.2 For the issuance of the invoice, the information provided for this purpose by the user will be used, which he declares and guarantees to be true, releasing SEV each and every extended indemnity in this regard.
13. Delivery times and methods
13.1 The delivery of the Products purchased on the Site is carried out in Italy and abroad at the shipping address indicated by the user in the Order and is charged to the latter based on the rates indicated in the section of the Website “Expenses and time shipping ".
13.2 All information required for delivery must be completed accurately by the user. SEV is therefore not responsible for non-delivery due to incorrect delivery address or telephone number. All additional costs arising from complications in delivery or non-delivery will, in these cases, be charged directly to the user.
13.3 In the summary of the Order and, therefore, before the user proceeds with the transmission of the same, the total price of the Order will be indicated, with separate indication of delivery costs and any other possible additional expense. This total, which will also be indicated to the user in the Order confirmation e-mail, will constitute the total amount owed by the user in relation to the Product (s).
13.4 The delivery of the Products purchased on the Site may take place, at the user's choice: i) at the postal address specified by the user in the Order ("Home Delivery") or ii) at one of the collection points referred to in the following clause 15 selected by the user during the purchase process ("Delivery at the Withdrawal Point"). In the latter case, delivery is to be considered free of charge.
14. Home Delivery.
14.1 In the case of Home Delivery, the Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the Order by courier appointed by the Seller or by Poste Italiane.
14.2 The user acknowledges that the withdrawal of the Product is a specific obligation deriving from the Contract. Therefore, if delivery is not successful due to the recipient's absence or due to the latter due to the delivery, the Contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 cc, where the user does not collect the Product within the term of 7 (seven) calendar days starting from the second day following the courier's transit notice or, in the case of delivery by Poste Italiane, within the term of 30 calendar days starting from the second day following the delivery attempt by the appointee of the latter.
14.3 Following the termination of the right referred to in clause 14.2 above, SEV will be required to reimburse, to the user, the Total Due Amount if already paid by the latter, minus the costs of the unsuccessful Delivery, the expenses of storage, the costs of restitution and any other possible expense in which it is incurred due to failure to deliver due to the absence of the recipient who will, in any case, be quantified by the same SEV.
14.4 The Seller assumes no responsibility for the delay in delivery of the goods, caused by malfunctions of the postal and / or courier service and / or in the event of force majeure such as natural events, strikes, traffic congestion and periods of particular peak.
14.5 If the Products delivered do not conform to what is ordered by nature, quality or quantity, the user has the right to report the defect within 14 (fourteen) days of receipt of the goods.
15. Delivery to a collection point
15.1 At the user's choice, the Products purchased can be delivered to one of the collection points activated by the Seller ("Pick-up point" or, in the plural, "Withdrawal Points") indicated, in detail, at the internet address www.prealpina. en / contact / advertise.
15.2 If the user intends to select the delivery method envisaged in clause 15.1 above, the same must select, during the purchase procedure, the "Collection at the Withdrawal Point" option and choose the Withdrawal Point at which it wishes to that delivery is made. For each Retreat Point, the address, telephone number and opening times are indicated.
15.3 The Product may be withdrawn by the user from Monday to Friday, at the opening time of the Withdrawal Point, excluding national holidays. In the case of a prepaid order, in order to collect the Product, the user must provide the personnel of the Pick-up Point with the number of the Purchase Order and show an identity document upon request. In the event of an Order with payment to be made at the time of collection at the Withdrawal Point, the user must indicate the Order number, provide an identity document and arrange payment by one of the methods indicated in clause n. 11. above. If he cannot personally collect the goods, the user may delegate a third party in writing. The proxy must be accompanied by a copy of the identity document of the user and the delegated subject, as well as containing the indication of the purchase order number.
15.4 The user is obliged to collect the Product within 7 (seven) days from receipt of the Order Confirmation. If the user does not fulfill this obligation, the Contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. As a result of the termination, the Order will therefore be canceled and SEV will reimburse the Total Amount Due, if already paid by the user.
16. Right of withdrawal
16.1 Sales of products via the Internet are governed by Legislative Decree 206/2005 (Consumer Code) and by Legislative Decree 21 February 2014, n. 21, which implements Directive 2011/83 / EU on the rights of Consumers.
The user has the right to withdraw from the Contract, returning the purchased Product and obtaining the reimbursement of the entire expense incurred.
In the case of the purchase of goods, the Consumer has a period of 14 (fourteen) days starting from the moment in which he acquires physical possession of the goods.
16.2 The user may exercise the right of withdrawal by sending SEV, before the expiry of the withdrawal deadline, a written and explicit communication, indicating, as a reference, the Order number shown in the Order Confirmation). The address for communication is: SEV S.p.a., Via Tamagno, 13, (21100) Varese, or via e-mail at the address [email protected]
16.3 According to the art. 55, second paragraph, of the Consumer Code, the user will not have the right of withdrawal in the following cases:
i) service contract after the complete performance of the service if the execution began with the express agreement of the user and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by SEV;
ii) supply of goods or services whose price is linked to fluctuations in the financial market that the professional is unable to control and which may occur during the withdrawal period;
ii) supply of customized or customized products;
iii) products which by their very nature cannot be returned or are liable to deteriorate or expire rapidly;
iv) supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery;
v) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
vii) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
vi) supply of digital content (audiovisual or software) using non-material support if the execution has begun. By sending the Order the user declares to have taken note of this clause and declares to consent, in this case, to the loss of the right of withdrawal.
16.4 Furthermore, the right of withdrawal cannot be exercised by the user if the product is not intact, ie:
– in the absence of the original packaging;
– in the absence of integral elements of the product;
– for damage to the product caused by the user.
17. Product Returns.
17.1 To return the Products following the exercise of the right of withdrawal, the user has 14 (fourteen) days from the delivery of the product to contact the customer service to open the return procedure.
17.2 The customer service will organize the return procedure, which must be sent by the user to SEV SpA – season ticket office, Via Tamagno, 13, (21100) Varese.
17.3 The Products must be returned properly protected in their original packaging, in perfect condition for resale (not worn, damaged or soiled by the user). The costs and risks associated with returning the Products are the responsibility of the sender.
17.4 Refunds will be made within 14 (fourteen) days of receipt of the goods by the Seller, subject to the user's IBAN communication. The refund includes the purchase price of the products ordered and the shipping costs incurred, with the exception of the shipping costs for returning the Product, which remain the responsibility of the user. The refund will be made by crediting the user's bank account.
18. Responsibility.
18.1 Le fotografie ed i testi dei Prodotti presenti sul Sito sono a puro titolo esemplificativo e potrebbero essere difformi dai Prodotti medesimi o modificate senza alcun preavviso. Di conseguenza SEV non può essere ritenuta responsabile per eventuali errori derivanti da queste immagini o testi illustrativi.
18.2 SEV non può essere ritenuta comunque responsabile per violazione del presente Contratto in caso di mancanza od indisponibilita del Prodotto in ragione di cause di forza maggiore, guasti, interruzioni o sciopero totale o parziale dei servizi postali e trasporti e/o delle telecomunicazioni.
19. Proprieta intellettuale
19.1 Tutte le informazioni riportate sul Sito, tutti i marchi riprodotti nel Sito, tutti i programmi e/o tecnologie previste in relazione ai Prodotti e, piu in generale, tutto o parte del Sito stesso, sono riservati e protetti. È vietato riprodurre marchi e loghi in uso dal Sito: l’utente inoltre simpegna a non copiare, modificare, tradurre, riprodurre, diffondere, vendere, pubblicare, valorizzare e diffondere in altro modo in un formato diverso in forma elettronica o di altro tipo in tutto o in parte le informazioni (anche parziali) presenti sul Sito.
20. Privacy
20.1 I dati comunicati dall’utente necessari all’esecuzione del Contratto sono trattati in conformita alle disposizioni del D.Lgs. n. 196/2003 in materia di “Protezione dei dati personali”. Conformemente all'impegno ed alla cura che SEV dedica alla tutela dei dati personali, l’utente viene informato sulle modalita, finalita e ambito di comunicazione e diffusione dei Suoi dati personali e sui suoi diritti, in conformita all'art. 13 del D.Lgs. n. 196/2003.
20.2 Per offrire all’utente servizi personalizzati previsti dal Sito e in qualita del titolare del trattamento, SEV deve trattare alcuni dati identificativi per l'Erogazione del Servizio. In particolare i dati sono Dati di Navigazione, Cookies e Dati personali. Per ulteriori informazioni al riguardo consulta la sezione "Dati e Privacy" presente sul Sito.
21. Giurisdizione e Foro competente.
21.1 Il Contratto e soggetto al diritto italiano e la lingua del presente Contratto e la lingua italiana.
21.2 In caso di controversia il Foro competente e quello di Varese. Tuttavia, qualora l’utente dovesse rivestire la qualita di Consumatore, ai sensi delle disposizioni in materia di consumo e della disposizione di cui all’art. 1469 bis c.c., il Foro competente e quello del luogo in cui l’utente risiede.
21. Servizio Clienti.
21.1 Per qualsiasi informazione relativa all’Ordine inviare una e-mail a [email protected], indicando come oggetto dell'e-mail il tipo di richiesta (per esempio: "problema tecnico"), utilizzando il proprio indirizzo e-mail di registrazione e spiegando brevemente il problema.
21.2 Tali riferimenti non sono utilizzabili per ordinare i prodotti del Sito.
Source link
https://www.prealpina.it/pages/varese-gli-ubriachi-di-halloween-undici-ragazzi-soccorsi-208379.html
Dmca