The purchaser expressly declares the purchase is made for purposes unrelated to professional or commercial activities in which the purchaser may be potentially involved and declares to fully acknowledge and agree with the general terms and conditions of this contract.
The supplier’s identifying information
the goods indicated in these general conditions are put up for sale by Mori Maurizio
with head office in Florence, via de’ Guicciardini n.59/r, Florence Commercial Chamber n. R.E.A. 492754, VAT number 04856440484, hereinafter referred to as “Supplier”.
1) DEFINTIONS
1.1 With the expression “on-line sales contract” reference is made to the sales contract (“Contract”) related to the material tangible assets of the Supplier, stipulated between the goods and the Buyer in the field of a remote sales system through computerized instruments, organized by the Supplier.
1.2 With the expression “Buyer”, reference is made to the physical consumer who makes the purchase, as referred to in this contract, for objectives not related to any commercial or professional activities carried out.
1.3 With the expression “Supplier” reference is made to the individual who makes the sale of the goods indicated in this contract.
2) SUBJECT OF THE CONTRACT
2.1 With the Contract, respectively, the Supplier sells and the Buyer performs remote purchase through computerized instruments only of the material tangible assets indicated and offered for sale in the website www.mauriziomori.com.
2.2 The products offered for sale are displayed at the page: www.mauriziomori.com/negozio.
3) CONCLUSION OF THE CONTRACT
The contract between the Supplier and the Buyer concludes exclusively through the internet by the access of the Purchaser at the website www.mauriziomori.com, where, following the procedures indicated, the Purchaser formalizes the proposal for the purchase of goods referred to in paragraph 1 of the previous article.
4) EFFECTIVENESS OF THE CONTRACT
4.1 The purchase agreement is concluded by correctly filling in the application form and the consensus expression by the accession sent online or by filling out the form attached to the electronic catalog on the website www.mauriziomori.com and then send the same form, always after viewing a web page order summary, printable, where information reported to the ordering and ordering, the price of goods purchased, shipping costs and any additional expenses, the manner and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2 Confirming the electronic transmission of the purchase order, the Purchaser declares to have read and accepted the Terms and Conditions of Sale described herein.
4.3 The contract is deemed not perfected and effective between the parties at fault than indicated above.
5) PAYMENTS AND REFUNDS
5.1 Each payment by the Purchaser will only take place through one of the methods indicated in the “Payments” page on the website of the Supplier.
5.2 Any refund will be credited to the Purchaser by one of the arrangements proposed by the Supplier, in a timely manner and, in the case of exercising the right of withdrawal, as governed by clause 13, paragraph 2 and following of this contract, within a maximum of 30 days since the date on which the Supplier has become aware of the termination.
5.3 At the moment of purchase, the buyer is automatically redirected to the secure server (SSL), where it is required to enter data relating to the instrument of payment (credit card, debit card, prepaid card) that is intended to use to finalize the purchase. When finished, the Buyer is redirected to the site of the Supplier, which shall be informed of the outcome of the transaction. Managing and storing data related to payment instruments, such as credit card numbers, security codes, etc., It is not managed by the Supplier, which will never be aware of such data. The Supplier therefore declines all responsibility for the processing and storage of data of payment instruments.
6) SHIPPING TIMES & COSTS
6.1 The supplier is responsible to deliver the products selected and ordered by one of the shippers with whom he signed a contract. The identity of the company in charge of the delivery will be announced in the e-mails referred to in paragraph 4.2.
6.2 The timing and the costs may vary from the day of the order to a maximum of 5 working days from the confirmation of the same. In the event that the supplier is unable for any reason to make the shipment within that period but in any event within that indicated in the following point, it will be given prompt notice by e-mail to Purchaser.
6.3 The manner, timing and shipping costs are clearly stated and well highlighted on the website www.mauriziomori.com/
7) PRICES
7.1 All sales prices of the products shown on the website www.mauriziomori.com are expressed in Euro (€) and are offered to the public pursuant to the art. 1336 cc of Italian Law.
7.2 The sales prices include VAT and any other taxes. The shipping costs, while not included in the purchase price, are calculated and displayed during the purchase process, prior to the order by the Purchaser and also contained in the web page summary of your order.
7.3 The prices indicated for each article offered to the public are valid until the date indicated in the catalogue.
8) PRODUCT AVAILABILITY
8.1 The Supplier will ensure that orders are processed and fulfilled without delay through the on-line system used. For this purpose, it will indicate, in real time, the number of products available and those that are unavailable, and shipping times in its electronic catalogue.
8.2 If an order exceeds the quantity available, the Supplier will notify the Purchaser by e-mail if the article can no longer be ordered or indicate the expected waiting time to receive the selected goods, asking the Buyer whether he intends to confirm the order or not.
8.3 The Supplier’s IT system will confirm registration of the order as soon as possible by sending the Purchaser a summary e-mail, in accordance with point 4.2.
9) LIMITATIONS OF RESPONSIBILITY
9.1 The Supplier does not assume any responsibility for any disruptions caused by force majeure or unforeseeable circumstances.
9.2 The Supplier shall not be liable to the Purchaser, except in cases of wilful misconduct or gross negligence, for poor services or malfunctions related to the use of the Internet which is outside of his control or of his subcontractors.
9.3 Il Fornitore non sarà inoltre responsabile in merito a danni, perdite e costi subiti dall’Acquirente a seguito della mancata esecuzione del contratto per cause a lui non imputabili, avendo l’Acquirente diritto soltanto alla restituzione integrale del prezzo corrisposto e degli eventuali oneri accessori sostenuti.
9.4 The Supplier will not be liable for any damages, losses and costs incurred by the Purchaser as a result of failure to execute the agreement for reasons not attributable to him.
9.5 The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by a third party, credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he took all possible precautions based on the best science and experience available at the time and according to ordinary diligence required.
10) WARRANTY AND SUPPORT METHOD
10.1 The Supplier is liable for any lack of conformity which becomes apparent within a period of 2 (two) years from delivery of the goods.
10.2 For the purposes of this contract it is assumed that the goods comply with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the property and, where appropriate, public statements on the specific characteristics of the goods made about them by the seller, the the manufacturer or his agent or representative, particularly in advertising or labeling; d) they’re also particularly suitable for use the consumer requires them and which was made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
10.3 The Purchaser loses all rights if he/she do not inform the seller of the lack of conformity within two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
10.4 In any case, unless proved otherwise, it is assumed that the lack of conformity becomes apparent within six months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance.
10.5 In the event of a defect, the Purchaser may ask, as an alternative and without charge, under the conditions specified below, for the repair or replacement of the item purchased, a reduction of the purchase price or termination of this agreement, unless the request is objectively impossible to satisfy or is prohibitively expensive for the Supplier in accordance with art. 130, paragraph 4 of the Consumer Code.
10.6 The request must be sent in writing by registered letter, with acknowledgement of receipt, to the Supplier, who will indicate his willingness to do so – or the reasons that prevent him from doing so – within 7 (seven) working days of receiving the request. In the same communication, in which the Supplier accepted the Purchaser’s request, he must indicate the method of shipment or return of the goods, as well as the deadline for the return or replacement of the defective goods.
10.7 Whenever repair and replacement are impossible or excessively burdensome or the Supplier has not proceeded to repair or replace the goods within the deadline as per the previous point the Purchaser may ask, at his choice, for a suitable reduction in the price or for cancellation of the contract. In this case the Purchaser must send his request to the Supplier who shall state his willingness to meet the request, or the reasons that prevent him from doing so within 7 working days of receipt.
10.8 This same notice, if the Supplier accepts the Purchaser’s request, must specify the proposed price reduction or the procedure for returning the defective goods. In these cases it will be up to the Purchaser to specify the procedures for crediting again the sums previously paid to the Supplier.
11) PURCHASER’S OBLIGATIONS
11.1 The Purchaser undertakes to pay the price for the purchased goods within the deadlines and according to the methods specified in the contract.
11.2 The Purchaser undertakes, once the online purchase procedure has been finalized, to print and preserve this contract.
11.3 The information contained in this contract has, moreover, already been examined and accepted by the Purchaser, who acknowledges it, because this passage is made compulsory prior to confirming the purchase.
12) WITHDRAWAL RIGHT
12.1 In any case the Purchaser is entitled to withdraw from the contract being stipulated without any penalty and without specifying the reason within the term of 10 (ten) working days starting from the date of receipt of the purchased goods.
12.2 Should the professional not meet the information obligations regarding the existence, procedures and return times or the withdrawal of the goods in case of exercise of the withdrawal right as per art. 52 of the Consumer Code then the term for exercising the withdrawal right is 90 (ninety) days starting from the end of the initial withdrawal period and starts from the date of receipt of the goods by the Consumer.
12.3 Should the Purchaser decide to avail himself of the withdrawal right he must notify the Supplier thereof by registered letter with return receipt addressed to Via De’ Guicciardini 59/r; 50125 Firenze (FI) or by Certified Email to the address mauriziomori@cert.cna.it. The postmark on the receipt issued shall be a proof for the Parties. Notice of the decision to exercise the withdrawal right may also be validly replaced by return of the purchased goods as long as this is done within the same terms. The date of delivery to the Post Office or to the Carrier shall be a proof for the Parties.
12.4 Return of the goods must in any case take place no later than 30 (thirty) days of the date of receipt of the goods. In any case to be entitled to full refund of the price paid the goods must be returned whole and in a normal state of preservation.
12.5 The only expenses owed by the Consumer for exercising the withdrawal right in accordance with this article are the direct expenses required for returning the goods to the Supplier (excluding the shipping expenses incurred) unless the Supplier accepts to pay for these.
12.6 The Supplier shall, free of charge, refund the entire amount paid by the Purchaser within the term of 30 (thirty) days of receipt of the notice of withdrawal.
12.7 Upon receipt of the notice whereby the Purchaser notifies exercise of the withdrawal right, the Parties to this contract are relieved of their mutual obligations without prejudice to what is specified in previous points of this article.
13) CANCELLATION CAUSES
13.1 The obligations as per point 12.1, taken on by the Purchaser, as well as the guarantee of proper settlement of the payment that the Purchaser makes by the means as per point 5.1. and likewise the precise fulfilment of the obligations taken on by the Supplier in point 6 are all essential in nature so that, by explicit agreement, default to any one of these obligations, when not caused by fortuitous or force majeure cases, shall entail by right cancellation of the contract in accordance with art. 1456 of the Civil Code without the need for judicial judgment.
14) SAFEGUARDING OF CONFIDENTIALITY AND PROCESSING OF THE PURCHASER’S DATA
14.1 The Supplier protects the privacy of its customers and guarantees that the processing of personal information requested at the time of placing the Order is in conformity with the law on privacy as per Italian Legislative Decree No. 196 of 30 June 2003.
14.2 In respect of the method of processing, personal and tax information acquired directly or through third parties by the Supplier Mori Maurizio is collected and processed using hardcopy as well as IT and electronic transmission procedures for the purpose of registering the order and implementing, in relation to the Customer, the procedures for the performance of this contract and the relative necessary communications, as well as the fulfilment of any obligations under the law, and also to allow efficient management of the commercial dealings to the extent necessary for best provision of the requested service (sub-paragraph b of the 1st paragraph of section 24 of Italian Legislative Decree 196/2003).
14.3 The Supplier undertakes to treat data and information given by the Customer as confidential and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they have been collected or to give them to third parties. Such data may only be presented upon request by the judicial authorities or by other authorities authorised accordingly by law.
14.4 Personal information will be communicated to persons delegated to carrying out the necessary activities for processing the purchase orders and communicated within the scope of that purpose. The provision of personal information by the Customer is necessary for the correct and prompt processing of purchase orders and for the management thereof with suppliers and with persons involved in the supervision of payment, processing of the Order or dispatch of the product.
14.5 The Customer is entitled to exercise rights pursuant to section 7 of Italian Legislative Decree No. 196/2003, i.e. the right to have:
a) such data updated, rectified or, when so interested, completed;
b) such data erased, transformed into an anonymous form or blocked with regard to information processed unlawfully, including information whose retention is unnecessary for the purposes for which it was collected or subsequently processed. Should the Customer request the erasure of his/her personal data, the Supplier may, however, withhold certain information to fulfil or meet legal and tax obligations;
c) a statement to the effect that the procedures specified under letters a) and b) have been made known, also with regard to the content thereof, to those to whom the information has been communicated or disclosed, unless this requirement proves impossible or entails a clearly disproportionate effort compared to the protected right. The party concerned is also entitled to object, in whole or in part:
i) on legitimate grounds, to the processing of the personal information that relates to him/her, even if pertinent to the purpose of the collection;
ii) to the processing of personal information that relates to him/her for the purpose of sending advertising material or direct sales or for carrying out market research or for business communications.
14.6 Communication of the Purchaser’s personal data is a necessary condition for the correct and timely execution of the present contract. Without it, the Purchaser’s request cannot be fulfilled. In any event, the data acquired will be conserved for a period of time no greater than that necessary to the objective for which it has been collected and subsequently handled.
14.7 In any case, the acquired data will only be kept for the period of time strictly necessary for the purposes for which they have been collected or subsequently processed. Such data will be securely deleted.
14.8 The party in charge of the collection and treatment of personal data is the Supplier, to whom the Purchaser can direct all requests to the company headquarters at Via de’ Guicciardini n.59/r, 50125 in Florence.
14.9 All that arrives at the mail address, also electronic, of Mori Maurizio (enquiries, suggestions, ideas, information, materials, etc.) shall not be considered information or data of a confidential nature, it shall not infringe the rights of others and shall contain legitimate information that is not harmful to the rights of others and is truthful. In any case Mori Maurizio cannot be held liable for the contents of the actual messages.
15) CONTRACT STORAGE PROCEDURES
15.1 Pursuant to art. 12 of Legislative Decree 70/2003 the Supplier informs the Purchaser that every order sent in shall be stored in digital format on the server that hosts the www.mauriziomori.com website and in hardcopy at the Supplier’s headquarters according to criteria of confidentiality and security.
16) NOTICES AND CLAIMS
16.1 Written notices to the Supplier and any claims shall only be considered valid when they are sent to the following address: Mori Maurizio, Via de’ Guicciardini n.59/r, 50125 Florence, or sent by email to the following address: info@mauriziomori.com. The Purchaser specifies in the registration form his own residence or domicile, telephone number or email address to which he wants the Supplier’s notices to be sent.
17) SETTLEMENT OF DISPUTES
17.1 Whenever the Parties intend to seize the Ordinary Judicial Authority the Court of Jurisdiction is that of the place of residence or elected domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.
18) GOVERNING LAW AND REFERRAL
18.1.This contract is governed by Italian law.
18.2.The laws applicable to relationships and to the cases provided for in this contract, and in particular art. 5 of the 1980 Rome Convention, shall apply to all the matters that are not explicitly specified herein.
18.3.Pursuant to art. 60 of Legislative Decree 206/2005 referral is explicitly made herein to the regulations contained in Part III, Title III, Paragraph I of Legislative Decree 206/2005.
19) FINAL CLAUSE
This contract repeals and supersedes all agreements, understandings or negotiations, either in writing or verbal, made previously between the Parties and concerning the subject of this contract.
