ATIELLE ROMA SRL GENERAL CONDITIONS FOR ON-LINE SALES (REMOTE CONTRACTS)
1. GENERAL INFORMATION
1.1 These general conditions (the "General Conditions") are regulated by Legislative Decree of September 6th, 2005 n° 206 ("Codice del Consumo"), providing for regulations on consumers'protection, especially by articles from 50 to 68 on remote sales.
1.2 The General Conditions are applicable to product (the “Products”) purchase orders created on line on this website (the “WebSite”) and delivery both inItalyand abroad.
1.3 By ticking the checkbox “Accetto i Termini e le Condizioni” which appears during the on-line purchase process in the "Web Shop" section, the purchaser accepts all contract conditions explained below. If the purchaser does not explicitly accept the General Conditions, he/she will not be allowed to complete the on-line purchase process.
1.4 Atielle Roma Srl reserves the right to amend the General Conditions at any time, without previous notification. However, such amendments will not be applicable to those purchase orders that were sent before the amendments were actually published on the Website.
1.6 By accepting the General Conditions and upon creation of a purchase order, the purchaser expresses his/her consent to sending and receiving all notifications by e-mail. Expenses related to use of the communication technique depends on the tariff applied by the Internet service provider.
1.7 The purchaser is responsible for the correctness of the e-mail address and of all the information entered during his/her order or account creation procedure.
1.8 For questions on the General Conditions, complaints or termination notifications, order annulments, returns or reimbursements, please contact:
Atielle Roma Srl
V.le B. Bardanzellu 65
- E-mail: firstname.lastname@example.org
- Telephone number: +39064065064
- Fax number: +39064065063
2. ORDER CREATION AND PURCHASE CONDITIONS
2.1 The purchaser can buy the Products by entering the “Web Shop” section in the WebSite. The purchase order will automatically be created at the end of the order creation procedure in the "Web Shop" section. Only the Products that during order creation are included in the WebSite on-line catalogue at the "Web Shop" section can be purchased.
2.2 Correct receipt of the order will be confirmed by Atielle Roma Srl by e-mail. The receipt will be sent to the e-mail address provided by the purchaser. This confirmation message shall include the legal name of Maratona di Roma, the address of the registered office, the key features of the purchased item, the price of the purchased item including taxes and additional levies, delivery costs, terms of payment and delivery, the purchaser's right of termination, the methods and scheduling of item return in case the purchaser decides to exercise his/her right of termination, detailed information on assistance services and existing trade warranties. The confirmation message shall also include the order ID number, which must be mentioned in any subsequent communication with Atielle Roma srl.
2.3 Atielle Roma Srl shall send the Products available in the warehouse on the next working day after order receipt.
2.4 Incase the order cannot be fulfilled due to permanent or temporary unavailability of the Products, Atielle Roma Srl shall inform the purchaser by e-mail within thirty days after order receipt and shall therefore re-credit any paid amount. The e-mail notification shall be sent to the e-mail address provided by the purchaser.
3.1 The Product shall be delivered to the purchaser no later than the date mentioned in the e-mail order confirmation sent by Atielle Roma Srl and, in any case, no later than thirty days after order receipt. The delivery date mentioned in the order confirmation is meant as approximate.
3.2 Atielle Roma Srl may decide to perform several partial deliveries. In this case, the purchaser shall not bear any additional costs other than the costs of a single delivery.
3.3 The ordered products shall have their original design; however, Atielle Roma Srl reserves the right to make changes to Products as long as they do not alter the Product's functionality.
4 PRICES AND DELIVERY COSTS
4.1 All prices of the Products in the on-line catalogue of the “Web Shop” section are in Euros. All prices are meant as VAT-included and they do not include delivery costs. The price of the Products is determined in the price list in force during order creation.
4.2 Delivery costs are described during the order creation procedure in the “Web Shop” section. Delivery costs may vary over time: however, such variations will not be applicable to purchase orders created before the publication of such variations on the WebSite.
4.3 The purchaser shall refund Atielle Roma Srl any additional cost borne by Atielle Roma Srl for item delivery or handlings caused by the purchaser's failure to comply with agreements regarding delivery date, time and place.
5.1 Products can be paid by credit card only.
5.2 Atielle Roma Srl allows the purchaser to carry out payment on line, thanks to a security system based on automatic cryptographic transposition of information entered and to an external provider assistance.
5.3 The purchaser's credit card data shall be provided by the purchaser during the order creation procedure. Payment shall be charged on the credit card upon Atielle Roma Srl's order confirmation.
6 RIGHT OF TERMINATION, NON COMPLIANT PRODUCTS
Section I: right of termination
6.1 The purchaser who is also a consumer, i.e. the purchaser whose aims for buying the Products are other than performing any entrepreneurial activity may perform his/her right of termination (without the imposition of any penalty and without having to specify a reason) within ten working days after the Products' delivery date.
6.2 The right of termination can be performed by sending a written notification by registered letter with receipt notification. Such notification must be sent to the operational headquarters of Atielle Roma Srl within the term mentioned in art. 6.1 above. The notification may be sent no later than the above-mentioned terms also by telegram, telex, e-mail and fax, provided that such notification is confirmed by registered letter with receipt notification within the next forty-eight hours. The registered letter shall be deemed as sent on time based on the date of the stamp placed by the accepting post-office.
6.3 The substantial integrity of the returned Product is a key condition to exercise the right of termination. Therefore, the right of termination cannot be exercised in case the purchaser has not taken appropriate measures to ensure that the Product would be returned in the same conditions it was received in (including the original packaging). In any case, the purchaser must take all possible and appropriate measures to preserve the integrity of the Product and do his/her utmost to ensure that the product is returned to Atielle Roma Srl in flawless conditions.
6.4 The purchaser who has decided to perform his/her right of termination shall return the product no later than 15 days after the delivery date to the following address:
Atielle Roma Srl
V.le B. Bardanzellu 65
6.5 All costs of the Products' return shall be borne by the purchaser.
6.6 Incase the purchaser has already carried out one or more payment/s, these shall be refunded by Atielle Roma Srl no later than 30 days after the date Atielle Roma Srl receives the notification regarding the right of termination, with no additional costs for the purchaser.
Section II: non compliant products
6.7 Without prejudice to the right of termination, the purchaser who is also the consumer of the products may resort to any legal remedy provided for by Part IV Title III Chapter I (articles from 128 to 135) of Legislative Decree of September 6th, 2005, n° 206 (“Codice del Consumo”) regarding the Product's lack of compliance upon delivery.
7 FORCE MAJEURE
7.1 Atielle Roma Srl is not responsible for any delinquency or delay in the fulfilment of the order, when such delinquencies or delays are caused by hindrances such as work interruptions, strikes, transport suspension or any other cause which may include any hindrance due to force majeure or chance.
8 APPLICABLE LEGISLATION
8.1 The General Conditions are regulated by the Italian Law.
8.2 For any controversy arising regarding the General Conditions, the court of the purchaser's place of residence shall be competent when the purchaser is also a consumer. In any other case, the court of the City ofRomeshall be the competent authority.