Conditions of Sale and Informative to the senses of art. 13 code of Privacy D.L. 30/06/2003 N. 196:
1. OBJECT AND DEFINITION OF THE ON-LINE CONTRACT
For "on-line" contract of trading its intended a contract at distance, that is the juridical shop which has for object mobile goods e/o services stipulated among a supplier, Cristian srl headquartered in Via Lisbona, 3 - 50065 Pontassieve (FIRENZE) Toscana - Italia, and a client consumer, within a system of distance sale organized by the supplier that, for such contract, use a technological communication denominated "internet". All the contracts, therefore, will directly be concluded through the access from the client consumer to the present internet site, where, following the procedures pointed out, they will concluded a contract for the purchase of the goods. For final consumer its intended the physical person that purchases goods and services for the purposes not directly referable to the professional activity. Therefore, we indicate the conditions of sale that will be effective until it won’t be varied by the supplier. The possible changes to the conditions of sale will be effective from the moment in which it will be published on the internet site and it will refer to the sales effected in that moment.
2. FORMALITY OF PURCHASE AND PRICES OF SALE
All the prices of sale of the exposed products and shown on the internet site, that constitute an offer to the public by the senses of the art. 1336 civil code, are included V.A.T and other tax (except otherwise indicated). Exclusively, all the product prices have validity in the Italian territory. The cost of transport is free (if not otherwise indicated); in case of delivery to foreign countries, the possible additional costs due to taxes foreseen by the normative in force in the State of destination will be load to the consumer. The contract of purchase performed through the exact compilation and consents to the purchase manifested through the adhesion dated "on line". The client can pay the ordered commodity only using the formalities of payment pointed out on-line at the moment of purchase.
3. EXECUTION OF THE CONTRACT AND FORMALITY OF DELIVERY
Cristian srl will provide to deliver the selected and ordered products to the clients, with the formalities of the precedent article, through couriers e/o forwarders of trust. In case of absence of the receiver at the moment of the delivery, a notice will be left and the client will have to personally provide to contact in the briefest time the courier or forwarder so that to arrange the formalities of the delivery. The times of deliver, won't ever overcome, in any case, those anticipated of the art. 6 D.L 185/1999 (30 days within given order), can varying from the same day of the order to a maximum of seven working days. The indicated time of delivery refers to the products present in the store at the moment of the order. The delivery will be effected by the carrier on the road plan. However, any responsibility will be able to be attributed to the supplier for the delay or missed delivery caused by majeure forces or accidental cases.
4. SHIPMENT AND AVAILABILITY OF PRODUCTS
The client has the possibility to purchase products showed on the electronic catalogue, in the necessary quantities. If an order had to overcome the existing quantities in the store, the computer system will accept nevertheless the purchase and the client will eventually be notified of the anticipated times for the purchasing. The delivery of products purchased on the on-line catalogue will be effected by the existing address on the Italian territory and foreign countries. In case of particular logistic difficulties of transport (quantitative e/o means used), the possible increase of the transport will be communicated. In case of acceptance of order, Cristian srl will provide to deliver in requested quantity, through the courier, to the indicated address on the order form. The normal delivery times, for the Italian territory, foresees that the delivery could vary between 3/8 working days from the moment of the shipment of order (in the calculation of the delivery times the weekend and the festive days must not be considered). People who live on the islands, in a suburban zone of Italy or foreign countries, will have to take in consideration as normal the necessity of further days. In any case, the times indicated for the delivery cannot be considered binding for the Cristian srl.
Cristian srl doesn't assume any responsibility for the imputable inefficiency due to cause of force mejeure such as accidents, explosions, fires, strikes or shut-out, thefts, earthquakes, floods or other similar events that prevent, in everything or partly, to give execution to the contract in the arranged times. Cristian srl won't be responsible towards some part regarding damages, losses and costs suffered by the missed execution of the contract for the causes mentioned before-hand, the consumer having only the right to the restitution of the corresponded price. Similarly, it is not responsible of the possible fraudulent and illegitimated use of credit cards, checks and another means of payment that can be used by a third party, at the moment of payment regarding the products purchased.
6. GUARANTEES AND FORMALITY OF ASSISTANCE
Cristian srl merchandises products of high qualitative levels and all products are covered by the original Italian producers guarantee (validity at least 24 months, by the senses DL 24/02). Therefore, it’s important to preserve the sale invoice or the slip attached to the product. The exact formalities of guarantee are illustrated in the document included inside the packaging. For articles not directly produced by Cristian srl, this service is generally furnished by the manufacturing houses which has sold goods, but where as the client prefers, he can require the assistance of Cristian srl trough any means in the phases of rhesus in guarantee management and its return. For such purpose and to allow the staff to correctly satisfy the commission, the client will have to ask for the product return number, phoning the number +39 055 8367043. The possible expenses of transport will be load to the client. In any case, the reference normative and the formalities of guarantee application is indicated and underlined by the producer in its own certificate always enclosed in the product. The information contained in the cards of the products are furnished by the producer. For articles not directly produced by Cristian srl, the same declines any responsibility in case of uncompleted documentation or specification of the products. The principal characteristics are not binding and they could suffer variations from the producer without warning. We kindly ask you to contact us, if you verified possible removals from the real characteristics of the product so that we attend quickly.
7. THE BUYER'S OBLIGATIONS
The consumer binds himself, once the procedure of on-line purchase is concluded, has to provide at the press and the maintenance of the present general conditions that, besides this, he will already have viewed and approved as a forced passage in the purchase, with purpose to integrally satisfy the condition of the art. 3 and 4 of the D.L n. 185/1999. The buyer is severely prohibited to insert falsified, invented or imaged data, in the entry procedure, necessary to activate the procedure for the execution of the present contract and further relative communications; the registry data and the e-mails have to exclusively be ones own personal data and not of third person, or of imaginative names. To effect double corresponding recordings to a person or to insert data of third person are expressly prohibited. Cristian srl reserves to legally pursue any violation and abuse in the interest regarding the guardianship of all consumers.
8. THE RIGHTS OF RECESS AND CLAIMS
The consumer that, for any reason doesn’t hold himself satisfied of the effected purchase, has the right to recede from the stipulated contract without any penalty and without specifying motive, within the term of ten working days as from the day of the reception of goods. In this term, the recess must be manifested through the dispatch of a recommended letter with a notice of receipt to the following address:
Via Lisbona, 3 - 50065 Pontassieve (FIRENZE) Toscana - Italia
VAT Registration Number: 00527590483
Tel.: +39 055 836.70.43 - Fax: +39 055 831.41.66
Within the same term, a telegram or a fax must follow within 48 hours the above indicated recommended letter with a notice of receipt to confirm of the manifested recess. The consumer cannot practice such rights of recess for products made-to-measure or clearly personalized, or those, for their nature, cannot be postponed or risk a quick deterioration. Within the above indicated term of 10 days, all the goods purchased by the sender-supplier must be returned entire, in their native packaging and with original manuals, without any lack. The expenses of restitution will be load to the client. Once received the commodity, Cristian srl will provide to the forwarding of the whole amount paid by the consumer within the term of thirty days, with banking currency in any case not beyond the fifteenth working day from the date of the recess communication receipted. It will be the duty of consumer to furnish the banking coordinates on which to receive banker’s transfer at the earliest (cod. IBAN of the invoice holder).
9. CONTRACTUAL RESOLUTION AND EXPRESS RESOLUTIVE CLAUSE
Cristian srl has the faculty to resolve the stipulated contract giving simple communication of it to the client with suitable and justified motivations; in such case the client will exclusively have the right only to the restitution of the possible sum already corresponded.
10. CONFERMENT AND TREATMENT OF PERSONAL DATA
The personal data are collected with the finalities to record the client and to activate in its comparisons the procedures for the execution of the present contract and the relative necessary communications; such data are electronically essays in respect of the laws in force and only on request of judicial authority or other authorities for law authorized to the purpose can be exhibited. The personal data will be used only for the accomplishment of the necessary activities for the execution of the stipulated contract and to send regulate sales invoice. The interested party obtains some rights regarding the art. 7 D.L 196/2003 and that is: to ask confirmation of the existence of his own personal data; to know their origin, the logic and the finalities of their treatment; to get the updating, the rectification and the integration of it; to ask its cancellation, the transformation in anonymous form or the block in case of illegitimate treatment. Holder and person responsible of the collection and the treatment of the personal data is:
Via Lisbona, 3 - 50065 Pontassieve (FIRENZE) Toscana - Italia.
11. JURISDICTION AND COMPETENT COURT
Every controversy related to the application, execution, interpretation and violation of the contracts of purchase stipulated on-line through the present site is submitted to the Italian jurisdiction; present general conditions refers to, how not expressly anticipated, to the legislative decree n. 50 of 15.1.1992 and the legislative decree n. 185 of 22.5.1999. For any controversy among the parts regarding the present contract will be competent to the Court where the consumer is resident. For all others, the Court in Florence.