Terms and conditions
The Purchaser expressly declares to make the purchase for purposes other than commercial or professional activity exercised. Identification of the Supplier’s assets covered by these general conditions are offered for sale by Concetta Papacon headquarters / branch in Syracuse, Piazza / street Via Oglio. No. 22, registered with the Chamber of Commerce of Syracuse at No. 129,031. Registrar of companies, CF n PPACCT65B43G267G VAT no PPACCT65B43G267G hereinafter referred to as “Supplier”, e-mail address certified Papaconcetta@pec.it
1.1. With the expression “on line sale contract”, it means the purchase agreement relating to movable property of the Supplier materials, signed between them and the purchaser under a sales system remotely via telematics, organized by Supplier.
1.2. With the “Purchaser” refers to both the consumer natural person who performs the purchase, under this contract, for purposes other than commercial or professional activity.
1.3. With the “Supplier” are understood to mean the person mentioned in the headnote that the subject provider of information services.
2. Subject of the contract
2.1. With this contract, respectively, the Vendor sells and the Purchaser acquires at a distance through electronic means the tangible movable property indicated and offered for sale on the site www.tenerestore.com.
2.2. The products referred to above are described on the website https://www.tenerestore.com/Categoria/ragazzo/, https://www.tenerestore.com/Categoria/ragazza/ and http: //www.tenerestore. com / category / outlet /.
3. Methods of conclusion of the contract
The contract between the Supplier and the Buyer ends only through the Internet by accessing the Buyer at https://www.tenerestore.com, where, following the procedures indicated, the Buyer formalizes the proposal for the purchase of goods, the contract for the purchase of the property referred to in paragraph 1 of the previous article.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by filling out the form / form attached to the electronic catalog on line at http: // www.tenerestore.com/cart/ and then send the form / module, likewise after viewing a web page order summary, printable, in which the payer and the order they are listed, the price of item purchased, shipping charges and any additional charges, the procedures 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. At a time when the Supplier receives the order by the Buyer it provides to sending an e-mail confirmation or the display of a confirmation page and order summary, printable, which are also listed in the retrieved data previous point.
4.3. The contract is deemed not perfected and effective between the parties at fault than indicated above.
5. Payment and reimbursement
5.1. Each payment by the Purchaser may only take place using one of the methods mentioned in the relevant web page from the Supplier.
5.2. Any reimbursement will be credited to the Buyer through one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by clause 13, paragraph 2 and following of this contract, no later than 30 days from the date on which the Supplier is aware of the termination. 5.3. All communications relating to payments are made on a separate line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of security and encryption in accordance with the provisions of current legislation on protection of personal data.
6. Timing and mode of delivery
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of the offering of the goods, as confirmed in the email referred to in paragraph 4.2.
6.2. The times of delivery can vary from the day the order to a maximum of working days from confirmation. In the event that the Supplier is not able 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 Buyer.
6.3. The manner, timing and the shipping costs are clearly stated and well highlighted at www.fornitore.com/modalitàcostitempiordini.
7.1. All sale prices of products displayed and indicated on the website https://www.tenerestore.com/ catalog, are expressed in euro, and an offer to the public pursuant to art. 1336 cc
7.2. The selling prices, as referred to above, include VAT and any other taxes. The shipping costs and any costs (eg customs clearance), if any, while not included in the purchase price must be indicated and calculated in the purchase procedure prior to the order by the buyer and also contained in the summary page of the order made.
7.3. The prices indicated in respect of each of the goods offered to the public are valid until the date indicated in the catalog.
8. Product availability
8.1. The Supplier assures through the online system used processing and fulfillment without delay orders. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, and shipping times.
8.2. If an order exceeds the amount present in stock, the Supplier, by e-mail, will make known to the Purchaser if the property is already fully booked or what are the waiting time to get the goods chosen, wondering whether it confirms the ‘ order or less.
8.3. The computer system of the Supplier confirms in the registration of the order as soon as possible by sending the user a confirmation by e-mail, in accordance with point 4.2.
9. Limitation of Liability
9.1. The Provider assumes no liability for disruptions caused by force majeure, in the event fails to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its sub-suppliers.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of failure to execute the contract for reasons not attributable to him, as the Buyer shall only be entitled to full reimbursement of the price and any charges incurred .
9.4. The Provider assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if he proves that he took all possible precautions based on the best science and experience of the moment and according to ordinary care.
9.5. In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
10. defect liability, proof of damage and damages payable: the Supplier’s obligations
10.1. Under Articles. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects of the goods sold should he fail to inform the injured person, within a period of three months from the request, the identity and address of the manufacturer or the person who provided the good the .
10.2. The above request, by the injured party, should be in writing and must indicate the product that caused the damage, the place and date of purchase; It must also contain the offer in view of the product, if it still exists.
10.3. The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer he put the product into circulation, not even allowed to consider the product as defective.
10.4. No compensation will be payable if the injured party was aware of the product defect and the danger that it followed and yet there has voluntarily exposed.
10.5. In any case, the damage must prove the defect, damage, and the causal relationship between defect and damage.
10.6. The injured person can seek compensation for damage caused by death or personal injury or destruction or loss of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption, and so mainly used by the injured.
10.7. Damage to property in art. 123 of the Code of consumption will, however, compensable only to the extent that exceeds the sum of EUR trecentottantasette (EUR 387).
11. Guarantees and delivery of care
11.1. The Supplier is liable for any lack of conformity which becomes apparent within a period of two years from delivery.
11.2. For the purposes of this contract it is assumed that the consumer 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 goods 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 are also suitable for the particular use which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted, also concluding facts.
11.3. The Purchaser has no right when it denounces the seller of the lack of conformity within a period of 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 it.
11.4. In any case, unless proved otherwise, it is assumed that the lack of conformity which 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 lack of compliance.
11.5. In case of lack of conformity, the Purchaser may ask, alternately and without charge, under the conditions specified below, the repair or replacement of the item purchased, a reduction of the purchase price or termination of this contract, unless the request does not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request should be sent in writing, by registered mail with return receipt or by certified mail, to the Supplier, who will indicate their willingness to act on the request, or the reasons that prevent him from doing so within seven days of receipt. In the same communication, where the Supplier has accepted the Buyer request must indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
11.7. If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair carried out previously have caused significant inconvenience to ‘ Buyer, these may request, at its option, an appropriate reduction of the price or termination of contract. Buyer shall in such case give its request to the Supplier, who will indicate their willingness to act on the same, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer request must indicate the reduction of the proposed price or the arrangements for return of the defective goods. In such cases the Buyer will indicate how the burden of crediting of amounts previously paid to the Supplier.
12. Buyer’s Obligations
12.1. Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
12.2. Buyer agrees, once the online purchase procedure, to handle the press and the conservation of this contract.
12.3. The information contained in this contract have been, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before the purchase confirmation.
13. Right of withdrawal
13.1. The Purchaser has in every case the right to terminate the contract without penalty and without giving any reason, within 14 (fourteen) working days, counted from the date of receipt of the goods purchased.
13.2. In the event that the trader has fulfilled the information requirements of existence, mode and return times or withdrawal of the property in case of exercising the right of withdrawal under Article. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, it must notify the seller by registered mail with return receipt to Tenerè syracuse via Oglio 22 96100 Or via e-mail e-mail firstname.lastname@example.org, within 48 (forty eight) hours.
For the purpose of exercising the right of withdrawal sending the notice it may validly be replaced by the return of goods purchased, provided that the same terms. It shall prevail between the parties the date of delivery to the post office or shipping agent.
13.4. The return of the goods must take place no later than 30 (thirty) days of receipt of the asset. In any case, for there to be entitled to full reimbursement of the price paid, the goods must be returned intact and in any case, in the normal condition.
13.5. The Purchaser may not exercise this right of withdrawal for the purchase of audiovisual products or sealed software that have been opened by the same, as well as goods made to specifications or clearly personalized or which by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, and goods whose price is dependent on fluctuations in the financial market that the professional is not able to control and in any other case provided by art. 55 of the Code. cons.
13.6. The only costs payable by the consumer for exercising the right of withdrawal in accordance with this article is the direct cost of returning the goods to the Supplier, unless the Supplier do not agree to accollarsele.
13.7. The Supplier shall free to reimburse the entire amount paid by the Purchaser within 30 (thirty) days of receipt of notice of withdrawal.
13.8. With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the parties of this contract are dissolved by mutual obligations, except as provided in the preceding paragraphs of this Article.
14. Causes of resolution
14.1. The bonds referred to in 12.1, assumed by the Buyer, as well as security for completion of payment the Buyer makes with the media in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier to the point 6, are essential, so that by express agreement, the failure of one of these obligations, if not determined by accident or force majeure, will result in the resolution of right under article 1456 of the Civil Code the contract, without any judicial decision.
15. Protection of confidentiality and processing of Buyer’s data
15.1. The Supplier protects the privacy of its customers and guarantees that your data is in accordance with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 1961.
15.2. For clients and suppliers Personal data collected directly and / or through third parties by the Supplier, the data controller, is collected and processed in printed, computing, telematics, in relation to the mode of treatment, with the purpose of registering the order and activating him with the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required (art. 24 , paragraph 1, letter b) of Legislative Decree no. 196/2003) 22.
15.3. The Supplier undertakes to treat as confidential the data and information provided by the Buyer and not to disclose to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. 1 general the ruling by the Personal Data Protection simplifications of certain obligations in the public and private compared to treatments for administrative and accounting purposes of 19 June 2008, published in the Official Gazette on 1 July 2008, n. 152. 2 General measure of the Authority for the protection of personal data practice of simplification measures Guide for small and medium-sized enterprises of 24 May 2007, published in Official Gazette 21 June 2007, n. 142. These data can be produced only at the request of judicial or other authority authorized by law.
15.4. Personal data will be disclosed after signing of a commitment to confidentiality of data, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5. The Purchaser has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement It proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part, for legitimate reasons the processing of personal data, pertinent for collection purposes; to the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Buyer.
15.7. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed. Their removal will still safely.
15.8. Owner of the collection and processing of personal data, is the Provider, to which the purchaser may direct at the corporate headquarters, every richiesta3.
15.9. Any communications sent to the mailing address (including electronic) of the Provider (requests, suggestions, ideas, information, materials etc.) Will not be considered confidential information or data, must not violate the rights of others and must contain valid information, harmful to others and true rights, in any case can not be attributed to the Supplier any responsibility for the contents of messages.
16. Storage mode of the contract
16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that every sent order is preserved in digital / paper form on a server / at the headquarters of the Supplier, subject to confidentiality and security policies.
17. Notifications and complaints
17.1. Direct written communications to the Supplier and any complaints will be considered valid only if sent to: hold off oglio 22 Syracuse (96100), or faxed to the number that is sent by e-mail at the following address email@example.com L ‘Buyer in the registration form indicates his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
18. Settlement of Disputes
18.1. All disputes arising from this contract shall be resolved in a mediation attempt at the mediating body of the Chamber of Commerce of Siracusae resolved according to the Conciliation Rules adopted by it.
18.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of the place of residence or elected domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
19. Applicable law and court
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided are subject to the laws applicable to the relationships and circumstances described in this agreement, and in particular Article. 5 of the 1980 Rome Convention Under Article 19.3. 60 cod. cons., is expressly referred to the discipline here contained in Part III, Title III, Chapter I cod. cons. Final Clause This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.