GENERAL TERMS AND CONDITIONS OF SALE
The offer and sale of products on the website www.astorevenezia.com are governed by these General Conditions of Sale. For any other legal information see the sections Delivery, Legal Notice and Secure Payment.
1.1 “Online sales contract” means the remote contract for the sale of Products, signed entered into between the Customer and the Vendor in the contest of an e-commerce service which uses remote communications technologies, organized by the Vendor.
1.2 “Customer” means the physical erson who purchases the Products, as stated in the online sales contract, for purposes other than the professional or business activity he may excercise.
1.3 “Vendor” means the subject who sells the Products, in this context refers to Astore snc di Bertacco Roberto & C.
2) OBJECT OF THE CONTRACT
2.1 With this contract the Vendor sells and the Customer purchases the Products online, through the e-commerce services of the website www.astorevenezia.com.
2.2 The products on the site are illustrated and described on the web page http://www.astorevenezia.com; the product pictures on the site may be not always fathful reproductions of the original products, due to technical reasons, since these pictures are only for illustration purposes.
3) PROCEDURE OF THE CONTRACT
The contract is stipulated solely over the Internet when the Customer logs in www.astorevenezia.com, and following the procedure, places an order of Products described in previous point 2.1 and 2.2.
4) CONCLUSION OF THE CONTRACT
4.1 The contract is concluded when the Customer fills out and submits the electronic order form; the web page will always explain, in a printable format, the summary of the order containing the Customer data and number of order, information for each Product and its price, delivery methods and shipping and delivery costs and other possible expences, methods and terms of payment, delivery address, time of delivery, a reference to the condition for excercising the right of withdrawal and methods and time for returning the Products.
4.2 After receiving the order form, the Vendor will send an e-mail of confirmation with the information already indicated in the previous point 4.1 or a link to a printable web page containing such information.
4.3 The contract between Astore Snc di Bertacco Roberto & C. and the Customer shall be considered concluded with the Vendor accepting the order.
4.4 By sending an order over the Internet, the Customer confirms knowledge of all the indication received during the order procedure and unconditionally accepts these General Condition of Sale.
4.5 The contract can not be considered concluded and valid if not in accordance with the previous point 4.4.
5) PAYMENT AND REIMBOURSE METHODS
5.1 To pay the price of the Products the Customer can use one of the following methods: paypal, bank transfer or cash on delivery.
5.2 The potential refund of the sum paid by the Customer will be credited with one of the methods proposed by the Vendor and chosen by the Customer, in a quickly procedure and, in case of excercise of the right of withdrawal, as stated in the following point 13, within no more than 30 (thirty) days from the moment the Vendor received the request of withdrawal.
5.3 The payment procedures are made over connections protected by encryptical protocol of the gateway chosen for the payment.
6) TIMES AND METHODS OF SHIPMENT AND DELIVERY
6.1 The Vendor will send the purchased Products to the shipping address provided by the Customer and with the method indicated on the website and confirmed by e-mail as of point 4.2.
6.2 Time of shipment can vary from the day of the order to a maximum of 7 (seven) working days from the order confirmation. Should the Vendor not being able to send the Products within the above mentioned terms, he will notify by e-mail in a timely manner to the Customer.
6.3 Delivery costs for orders within Italy:
1 PARCEL (MAX 25 KG) = 10 EURO
Delivery costs outside Italy can vary from country to country, for details see the secion "Delivery"
It is possible an extention of the delivery time in case of temporary unavailability of the Products, however within no more than 30 (thirty) days from the day after the order transmission, exept for different agreements between the Vendor and the Customer.
6.4 The Products will be inspected and then consigned to the courier without fault. The Customer can withdraw the order notifying his will to the Vendor before the shipment of the Products.
Astore snc cannot be considered responsible for any damage and cannot undertake the substitution or the repair if not pointed out to the courier at the moment of delivery, and noted exactly on the shipping note (the one kept by the courier) with the indication "damaged goods, accept with goods unchecked”, “damaged package, accept with goods unchecked” or similar. The notification must be immediately notified to the courier and to Astore snc by e-mail to the customer service.
6.5 Astore snc cannot be considered responsible for missed delivery or delays if the address provided by the Customer is not sufficiently detailed. In this case the Customer will be asked to bear the returning expences. In addition to that the Vendor has the right to terminate the contract totally or in part, to suspend or delay the execution.
6.6 The Products ordered derive solely from the will of the Customer. They can never be refused, at the risk of bearing all the expences of shipping (delivery and return). In case the Customer should not reimbourse the shipping costs within 15 days from the refusal of the Products, the Vendor will notify by e-mail the beginning of legal procedure .
7.1 All Product prices and delivery costs indicated on the website include VAT and are expressed in euros.
7.2 Where not specified otherwise, Product prices and delivery costs shown on the website do not include any customs duties or taxes if shipping outside the EU. Therefore the Customer is responsible for these costs.
8) AVAILABILITY OF PRODUCTS
8.1 The Vendor undertakes to fulfill the orders without delay. For this purpose the website catalogue indicates the up-to-date availabilty for each product.
8.2 Should the product not be available, near the description will appear the caption "NOT AVAILABLE" and the product will not be purchasable.
9) LIMITATION OF RESPONSIBILITY
9.1 The Vendor does not bear any responsibility for suspension of services due to accidental circumstances beyond control.
9.2 The Vendor shall not be liable towards the Customer, except for intentional wrongdoing or gross negligence, for malfunction to the Internet connection beyond the control.
9.3 The Vendor shall not be considered responsible for damages, losses and costs suffered by the Customer after the non-fulfillment of the contract due to causes beyond control: the Customer has the right only to the reimbursement of price paid.
9.4 The Vendor is not responsible for any fraudolent or undue use of credit card and other methods of payment when all the possible precautions have been taken to prevent those episodes.
9.5 The Customer shall never be considered responsible for delays or mistakes in the payment when such payment was made pursuant the instructions of the Vendor.
10) WARRANTY OF NONCONFORMING PRODUCTS
10.1 The Vendor is responsible for any defects in the Products appearing within 24 months from the delivery.
10.2 The Customer must submit a formal claim within a maximum of 2 months from the date on which the defect was recognised.
10.3 In case of a lack of conformity, the Customer will have the right to ask for repair or replacement of the Products, to receive an appropriate price reduction or the cancellation of the contract.
10.4 All the costs of replacing defective Products will be paid by the Vendor.
11) RIGHT OF WITHDRAWAL
11.1 The Customer has the right to withdraw from the contract without any penalty and without specifying the reason, with the term of 14 (fourteen) days beginning from the day the Products were received.
11.2 The Customer can exercise the right of withdrawal sending an e-mail to the customer service.
11.3 The Products must be returned within 30 (thirty) days from the delivery, in their entirety and not used or damaged.
11.4 The Vendor will refund the sums paid by the Customer within 30 (thirty) day from the material receipt of the returned Products. The reimbursement will be for the price of the Products and not for the shipping and delivery costs.
12.1 The Vendor protects the privacy of his customers with regard to the possession and use of personal data pursuant Legislative Decree n. 196/2003.
12.2 The data provided to Astore Snc di Bertacco Roberto & C. (Data Controller) will be handled by computer or other electronic means, in order to execute the contract.
12.3 The data will be used respecting the principles of correctness, legality and transparency.
12.4 The data will be communicated exclusively to third parties in order to process the requests of the Customer.
12.5 Pursuant art. 7 Legislative Decree n. 196/2003, the Customer has the right to:
a) updates, correction or, when interested, completion of the data;
b) deletion, their transformation into anonymous form or blocking of data handled in violation of the law, including any not essential for the purpose for which they were given or subsequently used;
c) confirmation that the operations described above have been brought to the attention, also as regards their content, of those to whom the data have been communicated or given, unless compliance with this rule is found to be impossible or would necessitate the use of means clearly disproportionate to the right safeguarded.
The interested party may refuse, wholly or in part:
i) for legitimate reasons to allow use of personal data, even if pertinent to the purpose for which they were collected;
ii) to allow the use of personal data for the purpose of distributing advertising material or direct sales or for market surveys or trade communications.
13.1 These General Condition of Sale are governed by Italian law.
13.2 Pursuant art. 33 c. 3 lett. u) Legislative Decree n. 206/2005 any disputes relating to them shall be resolved exclusively by Italian courts. If the Customer qualifies as a Consumer the dispute will be resolved by the court of his domicile of residence or, at the Consumer option, by the Court of Venice.