Methods of conclusion of the contractThe contract between the Seller and the Buyer ends only through the Internet by accessing the Buyer at www.cielo.it, where, following the procedures indicated, the Buyer formalizes the proposal for ‘ purchase of goods.4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by means of consensus expressed by the purchaser via the sent online membership, subject to the prior viewing a Web page order summary, printable, which shows the extreme and originator of ‘ order, the price of the item purchased, shipping charges and any additional related charges other than customs duties and charges, in the manner and terms of payment, the billing information, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal. In the event that the well was not present in stock, after the purchaser has bought the good and willing to pay in the manner provided for in paragraph 5.1, it will indicate the time tentatively need for the procurement, information that will come with a separate email. The website specifically says “order with obligation to pay” during the purchase process in accordance with the modification to the Consumer Code by Legislative Decree 21/2014.
4.2. At a time when the Seller receives the Buyer ordering provides for the display of a confirmation page and order summary, printable, into which also shows the data retrieved in the previous step. After order the seller to the buyer and will send the confirmation email. Also printable. The Seller will also send the buyer an invoice in PDF format via e-mail at the time of confirmation of payment.
4.3. The contract is deemed not perfected and effective between the parties at fault than indicated above.
4.4 The buyer will have completed the registration procedure will also have access to a restricted area where they are registered all its orders.
4.5 Buyer agrees, once the online purchase process, to handle the press and / or conservation of these general conditions, which, however, has already seen and accepted as a necessary purchase passage (through “flaggatura “), as well as to printing specifications of the product and so as to fully satisfy the conditions required by the Code of consumption see Articles. 52 and 53 et seq. Legislative Decree 206/05. By placing the purchase order the buyer declares to have read all the information provided to him during the purchase procedure and accept the contract.
4.6. Purchaser is strictly prohibited to enter personal details and email false or fanciful registration process, the data will be the only and real and not some other person.
5. Payment and reimbursement
5.1. Each payment by the Purchaser may only take place using one of the methods indicated by the Seller, or by credit card, PayPal® and bank transfer. The ownership of the Products shall remain with the Seller until such time as the entire amount of the order including shipping charges, taxes and any other taxes and charges (eg. Customs) will be entirely paid by the purchaser.
5.2. Any reimbursement will be credited to the Buyer through one of three ways, namely: a) in case of payment by credit card the refund will be a half for transfers and crediting the same card b) in case of payment by PayPal® the refund will be made by means of crediting the buyer PayPal® c) in the case of means of bank transfer payment, you will be reimbursed with a similar transfer in favor of the buyer. In case of exercising the right of withdrawal, as regulated by clause 13, paragraph 1, and following this agreement, restitution of the sums temporarily introitate will in any case no later than 14 days from the date on which the Seller became aware of the recess, with the faculty by the latter to suspend the reimbursement until it has received the goods subject to withdrawal.
6. Timing and mode of delivery
6.1. The Seller will deliver the products selected and ordered with the procedures indicated on the website at the time of the offer of good, as confirmed in the email referred to in paragraph 4.2.
6.2. The timing of the shipment in the event of an asset available may vary from the day you order for a maximum of 4-5 working days after confirmation of the same for domestic deliveries and up to a maximum of 10 days for cross-border deliveries. In case of payment by bank transfer we will ship within 4-5 days from the final accreditation for national deliveries and up to a maximum of 10 days for transnational deliveries. In the event that the Seller 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. In the event that the goods are not readily available to the buyer the seller will send a separate email indicating the estimated shipping times
6.3. For items purchased less than Euro 5.000,00 (five thousand / 00), the shipment will be effected by TNC Traco courier, otherwise for shipments with a value greater than Euro 5.000,00 (five thousand / 00) the shipment will be made Through a Ferrari Group courier. For more information, contact the seller at the time of purchase.Prices7.1. All sale prices of products displayed and indicated on the Internet www.cielo.it site, are expressed in euro, and an offer to the public pursuant to art. 1336 cc7.2. The selling prices, as referred to above, include VAT and any other taxes. In the case of foreign sales, VAT, if due, it will be refunded after the event by the service tax free as a result of direct buyer demand. The shipping costs are borne by the buyer and in any case listed in the site. For any incidental charges and taxes (eg customs clearance), if any, it is still paid by the buyer who will seek information from the competent authorities and the customs offices of their own country.
7.3. The prices indicated in respect of each of the goods offered to the public are valid until the date indicated in the online catalog.
8. Product availability
8.1. The Seller assures through the online system used processing and fulfillment without delay orders. To do so in real time indicates, in its electronic catalog, if the product is available or not available but ordered, as well as postage flat rates.
8.2. If an order exceeds the amount present in stock, the Seller, via 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 confirmation of Seller in the shortest possible time of the registration of the order by sending you a confirmation by email, according to point 4.2.
8.4 The products shipped will be checked and marked by a faultless the investigating appropriate, the Seller shall not be liable for damages and can not commit to the replacement or repair if not reported. The dispute must be immediately detected and communicated to the courier to the email email@example.com.
9. Limitation of Liability
9.1. The Seller does not assume any responsibility for problems caused by force majeure, in the event fails to execute the order within the time stipulated in the contract.
9.2. Seller 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 Seller 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. Seller assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards and other means of payment used, 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 Seller.
10. Defect liability, proof of damage and recoverable damages: the obligations of the Seller
10.1. Under Articles. 114 et seq. of the Consumer Code, the seller 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. Seller 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. 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 387.00).
11. Guarantees and delivery of care
11.1. The Seller is liable for any lack of conformity which becomes apparent within a period of two years from delivery. As for used goods the seller is liable for any lack of conformity which becomes apparent within a period of one year after 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 Seller 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 seller, 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 seller has accepted the 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 Seller 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 seller, 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 seller has accepted the 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 Seller.
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 Seller has not fulfilled the information requirements of existence, methods and timing of the return or collection of the goods in case of exercising the right of withdrawal set out in Articles. 49, 52 et seq. of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months, commencing on 14 days after receipt of the goods by the consumer.
13.3. In the event that the Buyer decides to exercise the right of withdrawal, it shall notify the Seller by means of registered mail with return receipt Cielo Spa, con sede in Milano – 20121 – Piazza Duomo, 19. Or by certified e-mail firstname.lastname@example.org e-mail, or by sending e-mail email@example.com email, if the reports are confirmed by the sending of a registered letter with return receipt to ‘address Cielo Spa, con sede in Milano – 20121 – Piazza Duomo, 19 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 14 (fourteen) 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, intact, together with inusato boxes, certificates and guarantees.
13.5. 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 property to the Seller.
13.6. The Vendor will refund the entire amount paid for free to the Buyer within 14 (fourteen) days of receipt of notice of withdrawal with the right to suspend redemption until the receipt of the goods by the Seller.
13.7. 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 the guarantee of
the payment to the Purchaser makes with the media in art. 5.1, and also the exact fulfillment of the obligations assumed by the Seller in section 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. Storage mode of the contract
15.1. Under Article. 12 of Legislative Decree no. 70/2003, the Seller informs the Buyer that every sent order is preserved in digital / paper form on a server / at the headquarters of the Seller, subject to confidentiality and security policies.
16. Notifications and complaints
16.1. Direct written communications to the Seller and any complaints will be considered valid
only when sent to the following address: Cielo Spa, con sede in Milano – 20121 – Piazza Duomo, 19, or sent by e-mail at the following address firstname.lastname@example.org, or email@example.com. The Purchaser may indicate on the registration form his residence or domicile, telephone number or email address to which are sent by the Seller communications.
17. Settlement of Disputes
17.1. 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. For residents abroad will be brought before the courts where present the seat of the Seller that Milano.
18. Applicable law and court
18.1. This contract is governed by Italian law.
18.2. 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 Rome Convention of 1980.
Under Article 18.3. 60 cod. cons., is expressly referred to the discipline here contained in Part III, Title III, Chapter I cod. cons.
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.