Contract for the online sale of consumer goods

General Conditions of Sale

 

The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity.

Identification of the Supplier

The real object of these general conditions are offered for sale by BROCCOLI PAN S.N.C. con sede in Atina (FR), Via dei Sanniti 560, registered with the Trade Register of Companies of Frosinone, with CF and VAT 01854920608 hereinafter referred to as "Provider", e-mail address certified BROCCOLIPANSNC@PEC.IT

1. Definitions

1.1. The term "contract of sale on line" means the purchase agreement relating to movable tangible property of the Supplier, signed between them and the Buyer as part of a sales system remotely via telematics, organized by Supplier.

1.2. The term "Purchaser" shall mean the natural person undertaking consumer purchase, under this contract, for purposes not related to the commercial or professional activity.

1.3. The term "Supplier" means the person specified in the inscription or the lender for information services.

2. Object of the contract

2.1. With this contract, respectively, the Supplier sells and the Purchaser acquires at a distance through telematics movable materials indicated and offered for sale on the site www.broccolistore.it

2.2. The products referred to in the preceding paragraph are illustrated page www.broccolistore.it

3. Terms of the lease contract

The contract between the Supplier and the Buyer concludes exclusively through the Internet by accessing the Purchaser at www.broccolistore.it, where, following the procedures indicated, the Buyer formalizes the proposal for 'purchase of goods contract for the purchase of the property referred to in paragraph 1 of the preceding article.

4. Conclusion and effectiveness of the contract

4.1. The purchase agreement is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by completing the form / form attached to the electronic catalog online at www.broccolistore. en / order and then send the form / module, always after viewing a web page order summary, printable, where information reported to the payer and the order, the price of goods purchased, expenses Shipping 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 shall send an e-mail confirmation, or to display a web page confirmation and order summary, printable, which are also reported 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 will be possible only by means of one of the methods indicated in the web page by the Supplier.

5.2. Any refund will be credited to the Buyer through one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in the case of exercise of the right of withdrawal, as regulated by Section 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 concerning 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 encryption and security in accordance with the provisions of applicable regulations regarding the 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 Purchaser or indicated on the website at the time of supply of good, as confirmed in the email referred to in paragraph 4.2.

6.2. The timing of the costs may vary from the day you order a maximum of working days from confirmation of the same. In the event that the Supplier is unable to ship within that period but in any event within one shown in the next step will be given in a timely

notice by e-mail to Buyer.

6.3. The manner, timing and shipping costs are clearly stated and well highlighted at www.broccolistore.it.

7. Prices

7.1. All the selling prices of the products displayed and indicated on the website www.broccolistore.it, are expressed in euro and an offer to the public pursuant to art. 1336 cc .

7.2. The sales prices of the previous point, include VAT and any other taxes.

The shipping fee and any additional charges (eg customs clearance), if present, although not included in the purchase price must be indicated and calculated in the process prior to the order by the buyer and also contained in the web page summary of your order.

7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.

8. Availability of products

8.1. The Supplier assures through the electronic system used processing and fulfillment without delay. To do so indicates in real time, in its electronic catalog, the number of products available and non-available and shipping times.

8.2. If an order exceeds the amount present in the warehouse, the Supplier, by e-mail, make it known to the Purchaser if the property is no longer bookable or what are the waiting times to get the well chosen, wondering whether it confirms the 'order or less.

8.3. The computer system of the Supplier confirms in the shortest possible time of the registration of the order by sending you a confirmation by e-mail, according to paragraph 4.2.

9. Limitation of Liability

9.1. The Supplier shall not assume any liability for disruptions caused by force majeure, if not able 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 breach of contract for reasons not attributable to him, as the Buyer shall only be entitled to a refund of the price paid and any charges incurred .

9.4. The Supplier shall not assume any liability 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 products purchased, if he proves that he took all possible precautions based on the best science and experience of the moment and according to ordinary diligence.

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. Liability for defects, evidence of harm and damages: the obligations of the Supplier

10.1. Under Articles. 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects of goods sold should he fail to inform the injured person, within three months of the request, the identity and address of the manufacturer or the person who supplied him with the good .

10.2. The above request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; 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, to a rule of law imperative 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 due if the injured party was aware of the defect in the product and the danger entailed by it 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 party may seek compensation for damage caused by death or personal injury or destruction or deterioration of property other than the defective product, provided that a normally intended private use or consumption, and so mainly used by the injured.

10.7. The damage to things in art. 123, paragraph 2, of the Code of consumption will, however, compensable only to the extent that exceeds the sum of € 387.00 (three hundred eighty-seven point zero zero).

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 purpose of this contract 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 presented 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 manufacturer or his agent or representative, particularly in advertising or labeling;

d) are also suitable for use particularly the consumer requires them and which was to be made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.

11.3. The Buyer loses all rights if 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.

11.4. 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.

11.5. In case of lack of conformity, Buyer may ask, alternatively and without costs under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request 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 must be made in writing sent by registered letter with acknowledgment of receipt or by certified mail, to the Supplier, which will indicate their willingness to act on your request, or the reasons that prevent him from doing so, within seven days working from

receipt. In the same communication, where the Supplier has accepted the Buyer's request, will have to 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 price reduction or termination of contract. Buyer shall in such case send their request to the Supplier, which 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's request, will have to indicate the price reduction proposal or how to return the defective goods.

In such cases will charge the Buyer indicate how the crediting of amounts previously paid to the Supplier.

12. Obligations of the Buyer

12.1. Buyer agrees to pay the price of the goods purchased in the time and manner specified by the contract.

12.2. Buyer agrees, once the purchase process online, 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 purchase confirmation.

13. Right of withdrawal

13.1. The Purchaser has in any case the right to terminate the contract without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the goods purchased.

13.2. In the event that the trader has satisfied the information requirements of existence, methods and timing of the return or collection of the goods in the event of exercise of the right of withdrawal pursuant to Art. 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, must inform the seller by registered mail with return receipt to BROCCOLI PAN S.N.C. con sede in Atina (FR), Via dei Sanniti 560, or by means fax to +39 0776 610898 or by email to e-mail recesso@broccolistore.it, provided such communications are confirmed by the sending of a registered letter with return receipt to BROCCOLI PAN S.N.C. con sede in Atina (FR), Via dei Sanniti 560 within 48 (forty eight) hours or by certified mail to the e-mail broccolipansnc@pec.it.

For the purpose of exercising the right of withdrawal sending the notice may validly be replaced by the return goods purchased, provided that the same terms. Shall prevail between the parties the date of delivery to the post office or courier.

13.4. The return of the property will still take place no later than 30 (thirty) days from the date of receipt of the asset. In any case, for there to be entitled to full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

13.5. The Purchaser may not exercise this right of withdrawal for the purchase of audiovisual products or sealed software which 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 art. 55 of the Code. cons. .

13.6. The only expenses payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to the Supplier, unless the Supplier does not agree to accollarsele.

13.7. The Supplier will free the repayment of the full amount paid by the Buyer 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 paragraphs of this Article.

14. Causes of resolution

14.1. The bonds referred to in 12.1, assumed by the Buyer, and the guarantee of successful payment the Buyer makes with the media in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6 are essential, so that by express agreement, the failure of one of these obligations, if not determined by circumstances or force majeure, will result in the resolution of the contract under 1456 cc, without any judicial decision.

15. Protection of confidentiality and data processing Buyer

15.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation in accordance with Leg. June 30, 2003, n. 1961.

15.2. Personal data collected directly and / or through third parties by the Supplier, the data controller, are collected and processed in printed, computing, telematics, in relation to the mode of treatment, with the purpose of registering the order and the activation him with the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any obligation of the law, and to allow

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].

15.3. The Supplier undertakes to treat as confidential data and information provided by the Purchaser and not to disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties.

Such data can be produced only at the request of the court or other authority authorized by law.

15.4. Personal data will be disclosed after signing of a commitment to confidentiality of data, only to delegates to 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 which need not be kept 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, as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement in impossible or involves the use of means 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 concerning him, even to the scope of the collection; 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, can not be given over to the question Purchaser.

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 or 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 request.

15.9. Any communications sent to the email (including electronic) of the Supplier (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, not violate the rights of others and true, in any case can not be attributed to the Supplier any responsibility on the content of the messages themselves.

16. Storage Mode contract

16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Provider shall notify the Purchaser that any order sent is stored in digital / paper form on the server / at the headquarters of the Supplier, according to criteria of confidentiality and security.

17. Communications and Complaints

17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: BROCCOLI PAN S.N.C. con sede in Atina (FR), Via dei Sanniti 560, or faxed to +39 0776610898 or sent via e-mail to the following address info@broccolistore.it. The Buyer indicates the registration form 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 Body Mediation of the Chamber of Commerce of Frosinone and resolved according to the Conciliation Rules adopted by it.

18.2. If either appeal to the ordinary judicial authorities, the jurisdiction is that of the place of residence or domicile of choice of the consumer, mandatory under del'art. 33, paragraph 2, letter u) Cod. Cons.

19. Applicable law and reference

19.1. This agreement is governed by Italian law.

19.2. Although not expressly provided, the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.

Under Article 19.3. 60 Cod. Cons., Is expressly invoked the provisions 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.