CONTRACT OF SALE
Via dei Nebrodi 61
90146 Palermo - Italy
VAT REG.: IT04329180824
The goods forming the subject matter of these general terms and conditions are being sold by Grippi Leonardo, with registered office at no. 61 of Via dei Nebrodi, 90146 Palermo – Italy, registered with the Chamber of Commerce of Palermo, VAT reg. IT04329180824, hereinafter "Vendor",
1.1 The wording «online contract of sale» means the contract of sale of Vendor's goods signed by Vendor and the Buyer within the framework of a distance sale system by electronic means organized by Vendor.
1.2 The wording «Buyer» means the natural person and consumer making the purchase as per this contract for purposes other than commercial or professional activities.
1.3 The wording «Vendor» means the person specified in the epigraph, namely the person providing the IT services.
2) SUBJECT MATTER
2.1 Pursuant to this contract, the Vendor hereby sells and the Buyer remotely purchases by electronic means the goods specified and offered for sale at https://cannolionline.com
2.2 The products specified above are illustrated at the webpage: https://cannolionline.com/en_US/products
3) MEANS FOR CONTRACT STIPULATION
The contract between Vendor and Buyer is entered into solely via the Internet when the Buyer logs on to http://cannolionline.com where, following the steps indicated, the Buyer formalizes the purchase proposal for the goods as per the contract for the purchase of goods as per item 1 above.
4) ENTRY INTO CONTRACT AND EFFECTIVENESS
4.1 The purchase contract is entered into by duly filling out the request form and consent to purchase expressed online by filling out the online form at https://cannolionline.com/en_US/users/login?r=/en_US/orders/fill, https://cannolionline.com/en_US/orders/fill and sending the form upon viewing a printable order summary webpage at https://cannolionline.com/en_US/orders/submit illustrating the details of the ordering party and order, the price of the purchased item, the shipping expenses and other extra charges, the payment terms and conditions and the address where the goods will be delivered.
4.2 When Vendor receives the order from the Buyer, Vendor sends a confirmation e-mail.
4.3 The contract is considered perfected and binding for the parties only when the foregoing has been executed in full.
5) TERMS OF PAYMENT AND REFUND
5.1 Payments by the Buyer can be made solely using one of the methods specified in the relevant webpage by Vendor.
5.2 Any refund to the Buyer will be made using one of the methods proposed by Vendor and chosen by the Buyer in a timely manner and for the reasons specified in article 9.
5.3 All communications on payments are made on a dedicated line of Vendor protected by encryption. Vendor guarantees that this information is saved with a further level of security encryption in compliance with the provisions of existing regulations on the safeguard of personal data.
6) DELIVERY TERMS AND CONDITIONS
6.1 Vendor shall deliver the products selected and ordered as required by Buyer or specified on the website when offering the goods as confirmed in the e-mail as per item 4.2.
6.2 The delivery time can range up to a maximum of 7 business days from confirmation save for the provisions of article 9 of this contract. The goods will be delivered at ground floor. Any issue arising at the moment of delivery (faulty goods, missing packages, etc.) must be reported in writing to the courier save for the provisions in the paragraphs below.
7.1 All sales prices of the products on display and specified in the Internet website at http://cannolionline.com are expressed in EUR and constitute an offer to the public as per article 1336 of the Italian Civil Code.
7.2 The sales prices as per the item above are inclusive of VAT and other sales tax. Shipping costs and any extra charges, if any, though not included in the purchase price, must be specified and calculated in the purchase procedure before the Buyer submits the order and be specified in the order summary webpage.
7.3 The prices specified next to each item offered to the public are those displayed at the moment of the purchase.
7.4 The buyer is aware that, in case the country of residence provides for the application of taxes and custom duties (exports outside the EU), given that, these are not provided during the purchase of the products, they will be quantified at the time of delivery and will be charged to the recipient.
8) PRODUCT AVAILABILITY
8.1 Vendor guarantees the timely processing and execution of the orders through the electronic system used save for the provisions of article 9 below.
9) LIABILITY LIMITATIONS
9.1 Vendor is not liable for any inconveniences due to force majeure if Vendor cannot carry out the order within the time-frame set in the contract.
9.2 Vendor cannot be held liable with the Buyer, with the exception of cases of malice or serious fault, for Internet-related inconveniences or malfunctions out of Vendor's control or that of his subvendors.
9.3 Vendor cannot be held liable either for damage, losses and costs incurred by the Buyer due to the failure to perform the contract for reasons not ascribable to Vendor, as the Buyer is entitled only to the repayment of the price paid and any extra charges incurred.
9.4 Vendor is not liable for any fraudulent or unlawful use by third parties of credit cards or other payment methods when paying the purchased products if Vendor demonstrates that he has taken all the possible precautions according to the state of the art and knowledge and according to ordinary diligence.
9.5 In no case whatsoever can the Buyer be held liable for delays or inconveniences in the payment if Buyer can prove that the payment has been made according to Vendor's terms and conditions.
10) PRODUCT LIABILITY, PROOF OF DAMAGE AND INDEMNIFIABLE DAMAGE: VENDOR OBLIGATIONS.
10.1 According to articles 114 and following of the Italian Consumers' Code, Vendor is liable for damage caused by defects of the product sold if Vendor fails to notify the damaged party, within 3 months from the claim, of the identity and domicile of the producer or person to have supplied the item.
10.2. Said claim by the damaged party is to be made in writing and must specify the product that caused the damage, the place and date of purchase; it must also include the product offer on display if still available.
10.3 Vendor cannot be held liable for the consequences resulting from a faulty product if the defect is due to product conformity, to a mandatory legal requirements or to a binding measure or if the state of the scientific and technical knowledge when the producer placed the product into circulation did not make it possible to consider the product as faulty.
10.4 No damages are due if the damaged party was aware of the product's defect and ensuing danger and nonetheless deliberately exposed him-/herself to said danger.
10.5 The damaged party must nonetheless provide evidence of the defect, damage and the causal link between the defect and damage.
11) WARRANTIES AND CUSTOMER SERVICE
11.8 The communication in which Vendor has accepted the Buyer's request must also specify the markdown and terms for the return of the faulty item. In these cases, the Buyer must specify the methods for the Vendor to pay back the amounts received.
12) BUYER'S OBLIGATIONS
12.1 Buyer undertakes to pay the price of the purchased item according to the contract's terms and conditions.
12.2 Buyer undertakes to printout and keep a copy of this contract once the online purchase procedure is completed.
12.3 The information herein has already been viewed and accepted by the Buyer who acknowledges as much, as this step is mandatory before confirming the purchase.
13.1 The obligations as per item 12.1 undertaken by Buyer and the guarantee of the collection of the payment by Buyer using the means as per article 5.1 as well as the accurate performance of the oblivation undertaken by Vendor under item 6 have a substantial nature. Therefore, it is expressly agreed that the breach of any of said obligations, save for exceptional circumstances or force majeure, shall lead to the lawful termination of the contract as per article 1456 of the Italian Civil Code without any need for a court ruling.
14) CONFIDENTIALITY AND PROCESSING OF THE BUYER'S DATA
14.1 Vendor shall safeguard the privacy of his customers and ensure that data processing complies with the provisions of the regulation on privacy as per Italian Legislative Decree no. 196 of June 30, 2003. 196.
14.2 The personal and fiscal data collected directly and/or through third parties by Vendor Grippi Leonardo, the data controller, are collected and processed in hardcopy, electronically and telematically with regard to the processing modalities for the purpose of recording the order and starting the procedures to perform this contract and necessary communications as well as to comply with any obligations of the law and ensure an effective management of commercial relations to the extent necessary to best carry out the service required (article 24, par. 1, item b, of Italian Legislative Decree no. 196/2003)
14.3 Vendor undertakes to process the data and information provided by Buyer in a confidential fashion and not to disclose them to unauthorized persons and use them for purposes other than those for which they have been collected or transfer them to third parties. Said data can be disclosed only by request of judicial authorities or other duly authorized authorities.
14.4 Personal data shall be communicated only upon the signing of a confidentiality agreement by persons appointed to carry out activities necessary to perform the contract and solely within the relevant framework.
14.5 The Buyer is entitled to the rights as per article 7 of Italian Legislative Decree no. 196/03 , i.e.:
the right to obtain:
a) the update, correction, or, if need be, the integration of data;
b) the deletion, transformation into anonymous form or block of the data processed in an unlawful manner including those for which archiving is not required for the purposes for which the data were collected or subsequently processed;
c) the certification that the operations as per items a) and b) were disclosed, also for the purpose of the content thereof, to those whom the data were provided to save for the case in which said provision proves to be impossible or involves a disproportionate use of means compared to the right to be safeguarded. The person concerned is also entitled to oppose either wholly or partly:
1) the processing of personal data that may concern him/her or relevant to the purpose for collection for legitimate reasons;
2) the processing of personal data concerning him/her for the purpose of sending direct advertising or sales materials for market surveys or commercial communication.
14.6 The communication of personal data by the Buyer is a necessary condition to perform this contract in an accurate and timely fashion. The Buyer's order cannot be processed without said communication.
14.7 The data collected shall be kept for a period of time no longer than necessary for the purpose for which they have been collected or subsequently processed. Said data shall be eliminated in a secure manner.
14.8 The data controller responsible for the collection and processing of personal data is Vendor whom the Buyer can send any request to at the company's registered office.
14.9 Whatever us received at the Center's mail address (including e-mail) (requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data, must not violate the rights of third parties and must contain valid and truthful information that does not violate the rights of third parties. The Center cannot be held liable for the content of said messages.
15) CONTRACT FILING
15.1 According to article 12 of Italian Legislative Decree no. 70/03, Vendor hereby informs the Buyer that any order placed is filed in electronic format and hardcopy at Vendor's registered office according to confidentiality and security criteria.
16) COMMUNICATIONS AND COMPLAINTS
16.1 Written communications to Vendor and any complaints are deemed valid only if they are sent to the following address: Via dei Nebrodi 61, 90146 Palermo - Italy, or by e-mail to firstname.lastname@example.org. The Buyer must specify in the registration form his address, telephone number or e-mail address where Vendor's communications are to be sent.
17) COURT HAVING JURISDICTION
17.1 The court having mandatory jurisdiction for any disputes arising from this contract is the judge of the consumer's place of residence or domicile if located on Italian territory.
18) APPLICABLE LAW AND REFERENCE
18.1 This contract is subject to Italian law.
18.2 Unless expressly specified, the provisions of the law applicable to the relations and cases envisaged herein and in particular article 5 of the 1980 Rome Convention are to be applied.
18.3 According to article 60 of Italian Legislative Decree no. 206/05, reference is to be expressly made to the provisions in Part 3, Chapter 3, Par. 1 of Italian Legislative Decree no. 206/05.