Terms and conditions
These General Conditions of Sale relate to the purchase of products made remotely via the telematic network on the homeagainstore.it website (hereinafter the "site") belonging to Paola Amato's Home Again, Via Raffaele Napolitano 19, 80030 Gallo di Comiziano ( NA), VAT number 06838521216 (hereinafter "seller"). Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information directed to the conclusion of the contract will be subject to art. 12 of Legislative Decree 70/03 and, as regards the protection of confidentiality, will be subject to the legislation referred to in Legislative Decree 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL SALES CONDITIONS
The contracts for the sale of products on the site are considered concluded when the purchase order made by the customer to the seller arrives and the latter accepts it. The seller will promptly send the customer a receipt of the purchase order made by the customer. By sending the purchase order electronically, the customer declares to have read and accepted these general conditions of contract and undertakes to observe and respect them in his dealings with the seller.
PERSONAL DATA PROCESSING
The seller pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal personal data acquired also verbally with reference to the commercial relationships established, supplied directly by the interested parties, or otherwise acquired within the company's activity, will be processed in compliance with the aforementioned regulation, including confidentiality obligations envisaged by them In relation to the aforementioned, the rights referred to in article 7 of Legislative Decree no. 196/2003.
The customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, once the online purchase procedure is concluded, the Customer is required to print and keep these general conditions of sale, already viewed and accepted during the contract conclusion phase.
DEFINITION OF THE ORDER
By sending the order online, the customer sends the seller a proposal to purchase the product and / or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale.
The seller will notify the customer of the acceptance and confirmation of the order.
The customer purchases the product, the characteristics of which are illustrated on-line in the relative descriptive and technical data sheets, at the price indicated therein to which are added the delivery costs specified on the site. Before submitting the purchase order, the unit cost of each selected product is summarized, the total cost in case of purchase of multiple products and the related delivery costs. Once the purchase order has been submitted, the customer will receive from the seller an e-mail confirming that the purchase order has been received and containing the information relating to the main characteristics of the purchased good, a detailed indication of the price and costs. of delivery, of applicable taxes and means of payment and containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of Law Decree 4 July 2006 n. 223 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which restores the obligation to communicate the list of customers and suppliers in the event of issue invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to request customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site. the conditions and methods of its exercise displayed on the site. Following the approval of Law Decree 4 July 2006 n. 223 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which restores the obligation to communicate the list of customers and suppliers in the event of issue invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to request customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site. the conditions and methods of its exercise displayed on the site. Following the approval of Law Decree 4 July 2006 n. 223 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which restores the obligation to communicate the list of customers and suppliers in the event of issue invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to request customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
The customer can make the due payment by choosing one of the following methods listed.
- Payment by credit card: In the event that the consumer intends to make the payment by credit card, he can use the payment procedure with PayPal , suitable to ensure the confidentiality of the data provided by customers. For any information and further Legal Agreements, please refer the Customer to consult the website www.paypal.com .
- Payment by bank transfer: Payment by bank transfer can be made using the following details:
- IBAN: IT 59 D 03268 40021 052885335570 by Banca Sella - Header: Home Again by Paola Amato
In the event that payment is made by bank transfer, the purchased good will be sent in the manner indicated in the following paragraph "Delivery of the Products", to the address indicated by the customer upon receipt of the credit, therefore on average within two / five days after the bank transfer (the times vary according to the credit institution used). To facilitate the process, the payment receipt together with your order number can be sent via e-mail to: mailto: firstname.lastname@example.org .
DELIVERY OF PRODUCTS
The purchased good, together with the relative invoice, is delivered by courier to the address specified by the customer when ordering online. Any specific needs must be proposed by the customer to the seller. In the case of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender ( the seller ).
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
The seller is liable for any lack of conformity that occurs within two years from the delivery of the goods. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, especially in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts. The consumer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it. In any case, unless proven otherwise, it is assumed that the defects of conformity that occur within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance. In the event of a lack of conformity, the consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request it is not objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent in writing, by registered mail with return receipt or by certified e-mail to the seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, where the seller has accepted the consumer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods. If the repair and replacement are impossible or excessively expensive, or the seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the consumer , the latter may request, at his option, a reasonable reduction in the price or the termination of the contract. In this case, the consumer will have to send his request to the seller, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the seller has accepted the consumer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the responsibility of the consumer to indicate the methods for re-crediting the amounts previously paid to the seller.
RIGHT OF WITHDRAWAL
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.
In the event that the professional has not satisfied the information obligations on the existence, methods and times of return or withdrawal of the asset in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer.
If the Purchaser decides to exercise the right of withdrawal, he must notify the
seller by registered letter with return receipt to the address: Home Again di Paola Amato, Via Raffaele Napolitano 19, 80030 Gallo di Comiziano (NA) Or by email to the email email@example.com, provided that such communications are confirmed by sending a registered letter with return receipt to Paola Amato's Home Again address, Via Raffaele Napolitano, 19, 80030 Gallo di Comiziano (NA) within the following 48 (forty-eight) hours or by certified e-mail to the e- mail firstname.lastname@example.org.
For the purposes of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided in the same terms. The date of delivery to the post office or the shipper will prevail between the parties.
The return of the goods must however 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, in any case, in a normal state of conservation.
The Purchaser cannot exercise this right of withdrawal for product purchase contracts
audiovisual or sealed computer software, which have been opened by the same, as well as made-to-measure or clearly personalized goods or which, by their nature, cannot be returned or are liable to deteriorate or deteriorate rapidly, the 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 art. 55 of the code cons.
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.
The Supplier will refund the entire amount paid by the Buyer free of charge
within the term of 30 (thirty) days from the receipt of the notice of withdrawal.
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.
METHODS FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforementioned term, a written communication to the seller's address by registered letter with acknowledgment of receipt to the following address: Paola Amato's Home Again via Raffaele Napolitano 19, 80030 Gallo di Comiziano (NA) or by certified e-mail at the e-mail address email@example.com.
If the goods have been delivered, the customer is required to return them to the seller within 15 (fifteen) working days from the date of delivery of the goods. The goods must be returned to the seller complete with every part and any accessory or instruction manual and all that was originally delivered to the customer, as well as packed in its original packaging. The returned product must be accompanied by a copy of the electronic order receipt. The costs of returning the goods to the seller are charged to the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, the seller is required to reimburse the sums paid by the customer. In particular, the seller will proceed free of charge with the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This operation will be carried out by PayPal refund where possible or by crediting the sum to the bank account indicated by the customer. The seller has the right to reject any product returned in ways other than those specified above, as well as products for which the return costs have not been fully paid by the customer, or the methods and times indicated for the communication have not been respected the exercise of the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In case of total or partial non-payment of the purchase price of the goods The seller reserves the right to declare pursuant to and for the purposes of art. 1456 of the Italian Civil Code, this contract has been resolved by sending a written communication to the customer's electronic address.
For any complaints or clarifications, the customer must write to the e-mail address firstname.lastname@example.org
The customer will be contacted for clarification in the shortest possible time.
APPLICABLE LAW AND COMPETENT COURT
All disputes arising from this contract will be devolved to an attempt at conciliation at the Mediation Body of the Naples Chamber of Commerce and resolved according to the Conciliation Regulation adopted by the same.
If the Parties intend to apply to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
This contract is regulated by the Italian law.
19.2. Although not expressly provided herein, the legal provisions applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
19.3 Pursuant to art. 60 cod. cons., the regulations contained in Part III, Title III, Chapter I of the Code are expressly referred to here. cons.