CONTRACT FOR THE SALE OF GOODS ONLINE
Terms and conditions
The offer of this online store is proposed by Gustarte Ltd., in accordance with current regulations on electronic commerce and at distant contracts.
Identification of the supplier
GUSTARTE Ltd., Via Garibaldi, 29 76123 Andria (Bt) Italy
Registered c/o the Chamber of Commerce in Bari, no. REA : BA-539535
Vat no. 07196610724
Telephone no. +39 340 30909434
Fax no. +39 0883 559570
E-mail addresses: info@ gustartestore.com
The buyer has the obligation to take note of all the information and Conditions of Sale before placing an order.
General terms and conditions
The General Conditions of Sale regulate the terms and conditions of sale of all of the products marketed by Gustarte Ltd. and are an integral and essential part of any proposal, order and confirmation of purchase of all of the products.
The conditions of sale are those in force on the date of the order.
1. Definition and object of the contract
1.1. The term "contract for the sale on line" stands for the sale and purchase agreement relating to products distributed by Gustarte Ltd., between the Supplier and Buyer as part of on-line sales system , organized by the supplier according to article no. 50 et seq. Leg. September 6, 2005, no. 206 (Consumer Code),
1.2 The products offered through the websites www.gustartestore.com and www.respura.it are purchased directly by Gustarte Ltd., which carefully selects companies subject to strict quality control and compliance with EEC Directives.
1.3 The contracts for the purchase of products shall be concluded between the Supplier and Buyer, through the websites www.gustartestore.com and www.respura.it, following the procedures described above (online, e-mail and phone) and will be governed by the General Terms and Conditions, which constitute an integral and substantial part of the contractual relationship. The Contract is concluded directly with the acceptance by Gustarte Ltd. of the proposal submitted by the buyer to purchase via Internet, following the offer on the websites www.gustartestore.com and www.respura.it, according to the procedures described in Article 3.
1.4 The order form on the above mentioned websites contains a link to the General Conditions of Sale and a summary of information on the essential characteristics of each product, the relative price, the terms of payment used for the purchase, delivery terms , the cost of shipping as well as the conditions for the right of withdrawal, the procedures and deadlines for the return of purchased products. Before purchase through the order form, the General Conditions of Sale and the information on the right of withdrawal must be read and printed or put on file for personal use.
1.5 The agreement is available in Italian.
1.6. Once the online purchase order is sent, the Buyer accepts unconditionally, accepting the following conditions with the Supplier .
2. Orders and invoicing
2.1. The conclusion of the contract will only take place when the order is confirmed by Gustarte Ltd. The rules relating to guarantee and assistance provided for the sale of consumer goods are applied to the purchased products.
2.2 The Buyer will receive confirmation of the order by fax or email, with all the details of the contract (products, prices, delivery date and cost etc.). Gustarte Ltd. reserves the right not to confirm an order if there are difficulties in the supply of products or problems related to the received order.
2.3. Gustarte Ltd will invoice the ordered products at the time of shipment to the Buyer. Invoices will be issued by the supplying company prior indication by the purchaser of all the necessary data and exact details of the shipping address.
3. Prices and features
3.2 The guaranteed price to the Buyer is that published on the websites at the time of the order.
3.3 Delivery costs, as indicated on the websites are at the buyer’s expense.
3.4 Gustarte Ltd. may change the prices of products from time to time on its websites. Those prices supersede previous ones and are subject to the actual availability of the products.
3.5 Product images are indicative and not binding.
3.6 The Buyer is responsible for the choice of the ordered products.
4. Methods of purchase and payment
4.1 After sending a purchase order through the website, the Buyer will receive a summary of the order from the Supplier. The buyer will be informed that purchase order is being elaborated and will be accepted, unless the supplier communicates a change via email or telephone, within a period of three (3) working days of receipt of the e-mail summary. After this period, the contract via Internet is confirmed.
4.2 The Buyer can choose the terms of payment indicated on the referred websites.
4.3 In case of payment by credit card, financial information (eg, credit card number / debit card or expiry date) will be sent by encrypted protocol to credit institutions that provide services related to electronic distant payment ,without third parties having access. This information will only be used by Gustarte Ltd. to complete the procedures relating to the purchase and issue refunds in the event of product returns as per the right of withdrawal, or, if necessary, to prevent or report cases of fraud on the website to the police.
5. Delivery of products and complaints
5.1 Gustarte Ltd. delivers the products to the address indicated by the buyer, using external couriers.
5.2 If a product is not in stock, the supplier shall indicate its unavailability on its websites. Normally orders will be shipped to the courier within 10-15 days. Delivery times are intended in working days.
5.3 The delivery dates indicated in the transport conditions on the Gustarte Ltd. websites are not binding for either Italy or abroad. They simply refer to the time assumed necessary to deliver the goods to the courier.
5.4 The term of delivery for an order containing items with different delivery times, needs more time to be despatched Any delay in delivery of less than thirty (30) days shall not entitle the Buyer to refuse delivery of the products or to claim damages or compensation. Gustarte Ltd. reserves the right to make a delivery, even for the same order, in several successive deliveries.
5.5 The delivery document issued by the courier, dated and signed by the Buyer upon delivery, is evidence that the gooda have been delivered.
5.6 Upon delivery, the Buyer must check the content, compliance and status of the product/s, therefore, Gustarte Ltd. recommends this before signing the receipt, checking specifically that the number of packages delivered corresponds to that indicated in the transport document attached to the shipment, that the packaging is not damaged, nor wet or otherwise altered, that the contents are intact.
5.7 If the Buyer finds anomalies delivery of the goods should be refused or detailed and dated reservations should be written. The reservations must be communicated to Gustarte Ltd. within three (3) working days after delivery. If the document is signed with no "reservation", the purchaser shall not make claims as to the external characteristics of the delivery. Any faults relating to the integrity of the product, correspondence or completeness of the received products must always be reported to Gustarte Ltd. within three (3) working days after delivery .
5.8 Any complaint must be sent by registered mail with a return receipt to the supplier’s registered office or by e-mail to: email@example.com
5.9 All deliveries are door to door. Different delivery terms and conditions will have to be agreed beforehand between the Buyer and the Supplier and accepted in writing by Gustarte Ltd.
6. Ownership and transfer of risk of deterioration of the goods
6.1 The goods belong to Gustarte Ltd. until the buyer’s full and final payment. The right of ownership of the purchased products is the purchaser’s after payment or delivery, if this occurs last. The risks of rupture and/or deterioration of the products belong to the Buyer once delivered to the courier.
7. Collection of the delivered products in the event of customer’s absence
7.1 In the event of absence of the receiver at the time of delivery, the courier will leave a delivery note. The products must be collected as specified by the courier.
7.2 In the event of failure to collect within the time set by the courier, products will be returned to Gustarte Ltd., which reserves the right to refund the price of the goods, but return shipping will be paid by the Buyer.
7.3 In the event of an incorrect product, the buyer agrees to return the good/s to Gustarte Ltd., within seven (7) working days of receipt in its original packaging togehter with the attached documents. Once the intact product/s is/are received, the Supplier will send the product initially ordered. at its own expense.
8. Force majeure
8.1 A part from events of force majeure as per law, total or partial strikes, internal or external suppliers strikes, the blocking of means of transport and supply, legal or governmental restrictions, computer failures, breakdown of telecommunications including networks and in particular the internet are also included.
8.2 In the event of force majeure the execution of the order will be temporarily suspended. Should the case of force majeure persist, after a period of three (3) months, the order will be annulled unless otherwise agreed between the parties.
9. Customer obligations
9.1 The Buyer declares and warrants to be a consumer in accordance to art. 3 of the Consumer Code, to be of age and that the data provided for the execution of the contract are true and correct.
10. Right of withdrawal
10.1 The purchaser has the right to terminate the contract within a period of fourteen (14) days from receipt of goods by registered letter with a return receipt to be sent to the registered office of Gustarte Ltd., via Garibaldi n. 29, 76123 Andria (BT), Italy, or by telegram, e-mail or fax.
10.2 The customer who wishes to exercise the right of withdrawal shall return the products to Gustarte Ltd. within ten (10) days from delivery. According to Article no. 55, second paragraph of the Consumer Code, the Purchaser shall have no right of withdrawal in the following cases: (I) the supply of products opened by the buyer; (II) the supply of goods which can not be returned or are liable to deteriorate rapidly (eg. perishable food).
10.3 The cost of returning products are at the Buyer’s expense within 30 days from the date of receipt of the intact goods, the supplying company will return the full cost to the Buyer, i.e. the price equivalent to the returned product.
11. Treatment and confidentiality of personal data and information as per Legislative Decree no. 196/03
11.1 The processing of personal data is done through the use of manual, IT and telecommunication tools by Gustarte Ltd. for the following purposes: a) the acquisition of the data, their storage and processing even in an anonymous manner; b) fulfill specific requests for information on the products concerned; c ) enter into a contract of sale and the realization of performance; d) fulfill the necessary duties for the actual contractual relationship; e) send commercial information, advertising material, information and promotion even by e-mail or text messages; f) carry out market research, economic analysis and statistics even by telephone contact, in order to verify the correct operation of the services offered and customer satisfaction ;g ) evaluate satisfaction and service in order to obtain customized information about consumer habits and the orientation of the customers. Personal data processing for the above mentioned purposes can also be performed by individuals or corporations in Italy or abroad, for and/or the interest of Gustarte Ltd. who provide specific services, related activities or instrumental support. The provision of data is required for the conclusion of the purchase contract, optional in other cases and will be kept for the necessary time and related to the purposes indicated. The detailed data on purchases and services will be kept as per current regulations. In any case, the person concerned can exercise his/her rights as per Art. 7 of the Legislative Decree no. 196/2003, which recognizes the right to access personal information, request correction, update and deletion, if incomplete, incorrect or collected in violation of the law and to oppose to their processing for legitimate reasons. The exercise of these rights may be possible by request to Gustarte Ltd. The person responsible for data processing is the Director of Gustarte Ltd.
11.2 To avoid any attempt of fraud Gustarte Ltd. may require proof of the purchaser’s identity and home address.
12. Electronic signature
12.1 The "Validation click" is an electronic signature that has the same value of a handwritten signature between the parties.
13. Failure waiver
13.1 If Gustarte Ltd. does not intend to assert a lack of the purchaser in relation to the obligations under this contract, such conduct can not in any way be construed as a waiver of the obligation and the ability to enforce such failure later.
14. Obligatory nature of the contract
14.1 These terms and conditions of sale constitute the totality of the obligations undertaken by the parties, therefore no other condition is valid between the contracting parties.
15. Limitation of Liability
Except for the case of willful misconduct or gross negligence by the supplier, if the seller's liability towards the purchaser is determined eg. the case of partial or total non-compliance obligations towards the customer, the Supplier's liability can not be more than the price of the purchased products for which a dispute has arisen. The responsibility for delays in delivery may not exceed the amount of shipping costs incurred by the purchaser.
15. Intellectual Property
15.1 Gustarte Ltd. owns the intellectual property rights of its websites and the right to advertise images and information contained in the online catalogue; so the total or partial reproduction of the websites and catalogue content on any media, their use and transfer to third parties are strictly prohibited.
16 . Nullity
16.1 Should one or more provisions of the current general terms and conditions be considered invalid or unlawful as per law or as a result of an irrevocable decision of the competent court, the other provisions shall remain effective.
17. Applicable Law, changes and update
17.1 These terms and conditions of sale and the information provided by Gustarte Ltd. through its own websites will be valid and effective until any modification and/or integration by the supplier itself. Changes and/or additions to the General Conditions will be effective from the date of communication to the public and at the same time applied to sales.
18 . Jurisdiction
18.1 In the event of litigation and in the absence of an amicable solution between the parties, subject to the applicable mandatory provisions of law for the protection of consumers, any dispute originating from these Terms and Conditions shall be referred to the exclusive jurisdiction of the Court of Trani.
18.2 Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the buyer declares to have read, understood and accepted the following specific clauses related to the General Conditions of Sale:
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