14 July 2016

Terms and Conditions

Contract for the online sale of consumer goods.

The purchaser expressly declares to make the purchase for purposes unrelated to business or professional activity.

 


 

Supplier identification

The goods covered by these General conditions are offered for sale by ALFA REFRATTARI SRL based in Anagni (FR) via Villamagna snc, ITALY, registered at the Chamber of Commerce of Frosinone n°158701 of Italian Business Register, Fiscal Code 01384530489, VAT registration number 00867741001 from now on referred to as “Supplier”.

 

Art. 1

Definitions

  • The “contract of online sale” is a contract by which a seller agrees to sell and a buyer agrees to buy some material goods and services supplied by the seller under a distant telematics sales system organized by the supplier.
  • The “Purchaser” is the natural person that makes the purchase for purposes unrelated to commercial or professional activity.
  • The “Supplier” is the person specified in the headnote or the provider of information services.

 

Art.2

Subject of the contract

2.1.     With this contract the Supplier sells and the Purchaser acquires movable goods from a distance offered for sale on www.alfashop.online

2.2.    The products referred to above are described on www.alfashop.online/shop

 

Art.3

Conclusion of the contract

3.1.     The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing www.alfashop.online, where following the procedures, the Purchaser will make the proposal for the purchase of goods and services and the contract for the purchase of goods mentioned in article 2.1.

  

Art.4

Conclusion and effectiveness of the contract

4.1.   The purchase agreement is concluded by correctly filling in the application form and the consent to purchase expressed by the online access or by completing the form attached to the e-catalogue on www.alfashop.online.cart and then send it, after viewing the order summary printable page, the order details, the price of goods, the shipping costs and eventual additional charges, the payment terms, the shipping time and address, the right of withdrawal.

4.2.   Upon receiving the Buyer order, the Supplier will send a confirmation e-mail or a printable order summary which will contain all the data referred to above.

4.3.   The contract is not perfected and effective between the parties in absence of the requirements mentioned above.

 

Art.5

Payment methods and refunds

5.1. Any payment made by the purchaser must only be effected by one of the methods described in the Supplier web page.

5.2. Any repayment to Buyer will be credited through one of the terms proposed by the Supplier and chosen by Buyer and, in case of the exercise of the right of withdrawal, as specified in article 13.2 et seq of the present contract, within a maximum of 30 (thirty) days from the date on which the Supplier is informed of the aforementioned withdrawal.

5.3.  All communication regarding payments take place on the Supplier encrypted system. The Supplier guarantees the storage of information with a further layer of security and encryption, in accordance with the provisions of the current law regarding the personal data protection.

 

Art.6

Shipping methods and times

6.1. The Supplier will ship the selected and ordered goods according with the modalities chosen by the Purchaser and indicated on the website at the sale offer, and as confirmed in the e-mail as specified above.

6.2. Shipping times may vary from the very same day of the order to a maximum of 15 working days from the confirmation of the order. In the event that the Supplier is not able to make the shipment within that period, but not later than the time indicated in the following point, a prompt notice will be given to the Purchaser by an e-mail.

6.3. The shipping methods, costs and times are clearly stated and highlighted at the following email address: https://www.alfashop.online/delivery/

 

Art.7

Prices

7.1. All retail prices shown and indicated on the website www.alfashop.online.shop are expressed in euros and represent a public offer in accordance with article 1336 of Italian Civil Code.

7.2. Prices are inclusive of VAT Tax and any other additional tax. Shipment costs and eventual additional charges (i.e. customs clearance fees), although not included in the purchase price, must be indicated and calculated during the purchase procedure before the placement of the order on the part of the Purchaser and must also be indicated in the order summary webpage.

7.3. The prices for each of the products offered to the public are valid until the date indicated in the catalogue.

 

Art.8

Product availability

8.1. The Supplier guarantees, via its telematics system, that orders will be processed with no delay. To this purpose, it indicates in real time on its electronic catalogue, the availability or non-availability of each product and its delivery time.

8.2. If an order exceeds the amount of goods in stock, the Supplier will make known, via an email to the Purchaser, that the product is no longer available, informing him on waiting times and asking him if he wants to confirm the order or not.

8.3. The Supplier information system confirms the registration of the order as soon as possible by sending the Purchaser a confirmation email pursuant to article 4.2.

 

Art.9

Limitation of liability

9.1. The Supplier declines any responsibility for disservices due to events of force majeure if unable to execute the order according to the terms of the contract.

9.2. The Supplier shall not be liable to the Purchaser save for wilful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or that of its subcontractors

9.3. The Supplier will not be liable for any damages, losses or additional costs incurred by the Purchaser as a result of a breach of contract for reasons not attributable to the Supplier, the Purchaser being only entitled to a refund of the price paid plus the eventual additional charges.

9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by a third party of credit cards, cheques or other means of payment where reasonable care has been taken at the time according to ordinary diligence and state of the art.

9.5. In no case the Purchaser will be held responsible for delays or errors in payment if he can prove that he made the payment in the time and manner specified by the Supplier

 

Art.10

Liability for defective, proof of damage and damage: the obligations of the Supplier

10.1. Pursuant to art. 114 et seq of the Consumer Code, the Supplier is liable for damages caused by defects of the goods sold if, within three months from the request, it fails to communicate the manufacturer’s or item supplier’s identity and address to the Damaged party.

10.2. The above request on the part of the Damaged party has to be in written form, has to indicate the defective product, the date and place of the purchase and has to contain the offer of the product, if it still exists.

10.3. The Supplier shall not be held responsible for consequences arising from a defective product if the defect is due to product conformity, a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge at the time in which the manufacturer put the product in circulation did not enable the existence of defect to be discovered.

10.4. No refund shall be owed if the Damaged party was aware of the defect in the item and of the danger that could generate and notwithstanding, deliberately exposed himself/herself to it.

10.5. In any case, the Damaged party has to prove the existence of a defect in the product, the damage and the causal link between the defect and the damage.

10.6. The Damaged party may seek compensatory damages for death or personal injuries or for item loss or deterioration of items other than the defective product, as long as they are normally destined to private use or consumption, and actually used in this sense by the Damaged party.

10.7. Pursuant to Art. 123 of the Consumer Code, damage to things will be refundable only when it exceeds 387 € (three hundred eighty-seven euros).

 

Art.11

Warranties and conditions of service

11.1. The Supplier is liable for any eventual lack of conformity that becomes apparent within two years of delivery of the goods.

11.2. To the purpose of the present contract, the consumer goods are to be judged in conformity with this contract if, where relevant, these circumstances coexist: a) the goods are fit for the purpose for which goods of the same type are normally used; b) the goods comply with the description made by the Supplier and possess the qualities that the Supplier has presented to the Purchaser as a sample or as a model; c) the goods provide the quality and performance which are normal in goods of the same type, which the Consumer can reasonably expect given the nature of the goods and taking account of the public claims made about their specifications on the part of the Seller, Manufacturer or Sales Rep, particularly in advertising and labelling; d) the goods are fit for any particular purpose for which the Customer requires them and which were made known by the Supplier at the conclusion of the contract and that the Supplier has accepted even implicitly by conduct.

11.3. The Purchaser loses any right of claim if he fails to report the lack of conformity to the Supplier within two months from the discovery of the defect. The complaint is unnecessary if the Supplier has acknowledged the existence of the defect or has concealed it.

11.4. In any case, unless proven otherwise, it is assumed that any lack of conformity becoming apparent within six months of delivery already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the conformity defect.

11.5. In case of lack of conformity, the Purchaser may request alternatively and without charges, following the conditions specified below, the repair or the replacement of the purchased goods, a price reduction or the termination of the contract, unless the request is objectively impossible to satisfy or it would be excessively expensive for the Supplier according with art.130.4 of the Consumer Code.

11.6. The request must be made in written form, sent by registered letter with return receipt to the Supplier, which will indicate its availability to agree to fulfil such a request or the reasons that prevent it from doing so, within seven working days from the receipt. If the Supplier has decided to accept the Purchaser’s request, in the same letter, will indicate the modalities of shipment or replacement of the goods as well as the deadline for the return or the replacement of the defective goods.

11.7. If repair or replacement is impossible or excessively expensive or if the Supplier has not replaced or replaced the goods within the deadline specified in the point above, or if the replacement or the repair previously carried out caused a significant inconvenience to the Consumer, the Consumer may choose between an appropriate price reduction and the rescission of the contract. In this case, the Consumer has to forward the request to the Supplier which will indicate its availability to agree to fulfil such a request or the reasons that prevent it from doing so, within seven working days from the receipt.

11.8. If the Supplier has accepted the Purchaser’s request, it will indicate the proposed price reduction as well as the modalities for returning the defective goods. In this case, the Purchaser will be responsible for indicating how the refund of the amount previously paid to the Supplier should be made.

 

Art.12

Purchaser’s obligations

12.1. The Purchaser agrees to pay the price of the goods in the time and manner agreed in the contract.

12.2. The Purchaser undertakes, once the online purchase completed, to keep printed records of the contract.

12.3. The information contained in this contract were examined and accepted by the Purchaser that acknowledges this, inasmuch as this is compulsory before the confirmation of the purchase.

 

Art.13

Right of withdrawal

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

13.2. In the event that the Supplier has not fulfilled its obligations concerning information about the existence, the procedures and deadlines for the return and the collection of the goods or concerning the exercise of the right of withdrawal in according to the art. 52 of the Consumer Code, the deadline for exercising this right of withdrawal is of 12 (twelve) months starting from the end of the initial withdrawal period, running from the date of receipt of the goods by the Consumer.

13.3. If the Purchaser decides to exercise the right of withdrawal, he must notify the Supplier by registered letter with return receipt to the following address: Anagni (FR) Via di Villamagna snc or by fax to the number 0775 78 22 18 or by email to info@alfashop.online provided that these messages are confirmed by registered letter with return receipt to the address Anagni (FR) Via di Villamagna snc within the following 48 (forty-eight) working hours. Legally binding for the parties is the Post Office stamp on the receipt. For the purpose of exercising the right of withdrawal, the communication may be replaced by the return of the purchased goods, provided that this is done within the same deadlines. Legally binding for the parties is the date of delivery to the post office or to the shipper.

13.4. The return of the goods should take place no later than 30 (thirty) days from the date of their receipt. In any case, to avail oneself of the right to have a full refund, the goods must be returned whole and in their original packaging.

13.5. The Purchaser can’t exercise this right of withdrawal for the purchase of audiovisual products or sealed software which were opened by the same Customer, as well as goods made to measure or clearly personalized or which, by their nature, can’t be returned or are liable to rapidly deteriorate, the supply of newspapers, magazines and periodicals and goods whose price is dependent on fluctuations in the financial markets that the Supplier is not able to control and in any other case that falls in the art.55 of the Consumer Code.

13.6. The only charges due to the Consumer who exercises the right of withdrawal according to the present article are the direct costs of returning the goods to the Supplier, unless the Supplier accepts to bear the cost.

13.7. The Supplier will refund the entire amount paid by the Purchaser within 30 (thirty) days from receipt of the request of withdrawal.

13.8. By receiving the message with which the Purchaser notifies his intention to exercise the right of withdrawal, the parties involved in this contract are released from their mutual obligations except when required in the above mentioned points.

 

Art.14

Grounds for resolution

14.1. The obligations stated in the art.12.1, accepted by the Purchaser as well as the guarantee that the payment went through by the means referred to in art. 5.1. and the exact fulfilment of the obligations assumed by the Supplier in art. 6 are legally binding and, therefore, by express agreement the breach of only one of the aforesaid obligations, unless caused by fortuitous circumstances or events of force majeure, will entail the resolution of the contract in accordance with art. 1456 of the Italian Civil Code, without any judicial decision.

 

Art.15

Privacy protection and Purchaser’s personal data processing

15.1. The Supplier shall protect the privacy of our Customers and ensures that the data processing complies with the requirements of privacy legislation as referred to in Legislative Decree n°196 June 30th 2003 [1].

15.2. The personal and fiscal data acquired directly and or/through third parties by the Supplier ALFA REFRATTARI SRL, owner of data use, are collected and processed in printed, computerized and telematic form in relation to the treatment modality with the purpose of registering the order and starting the procedure for the execution of this contract and the necessary correspondence as well as the fulfilment of any legal obligations and the effective handling of business relations to the extent necessary to provide the best service for the Customer (art.24.1 Legislative Decree n°196 June 30th 2003) [2].

15.3. The Supplier undertakes to treat information provided by the Purchaser as confidential data and not to disclose said information to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. This information may be disclosed only at the request of a judicial or other law authority.

15.4. Personal data will be disclosed after signing a confidential agreement about data, only to third parties who carry out the necessary activities for the execution of the contract and disclosed only to that purpose.

15.5. The Purchaser has the rights set out in art.7 of Legislative Decree 196/03 and thus the right to obtain:

  1. a) updating, rectification or, when applicable, integration of data.
  2. b) cancellation, transformation in anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed.
  3. c) certification that operations in point a) and b) have been notified also in regard to their contents, to those to whom the data were communicated or distributed, except in the case in which such fulfilment proves impossible or involves use of means manifestly disproportionate to the protected right. The Purchaser has the right to object in whole or in part: i) for legitimate reasons to the processing of personal data even though it is pertinent for collection purposes; ii) to the processing of personal data concerning him/her 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 Purchaser is a necessary condition for the proper and timely execution of the present contract. In the absence of it, the Purchaser’s order will not be held as valid.

15.7. In any case, the data collected shall not be kept for longer than is necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in a secure manner.

15.8. The owner of the collection and processing of personal data is the Supplier, to which the Purchaser may address any request at the company head office [3].

15.9. Any message sent to the Supplier’s postal address (including email address) such as requests, suggestions, ideas, information, materials etc. will not be considered information or data of confidential nature, must not violate the rights of others and must contain valid, truthful information not harming the rights of others, and in any case, no responsibility can be attributed to the Supplier for the content of said messages.

 

Art.16

Filing of contract

16.1. In accordance with art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is stored in digital and paper format in the Supplier’s head office server according to criteria of security and confidentiality.

 

Art.17

Notices and complaints

17.1. Written communication to the Supplier and eventual complaints will be considered valid only if sent to the following address: ALFA REFRATTARI SRL VIA DI VILLAMAGNA SNC 03012 ANAGNI (FR), ITALY or sent by fax to the number +39 0775 78 22 18 or sent via email to info@alfashop.online. The Purchaser will indicate his/her residence, domicile, phone number and email address to which Supplier communication are to be sent on the registration form.

 

Art.18

Settlement of disputes

18.1. All disputes arising from the present contract will be addressed to the Chamber of Commerce of Frosinone and resolved according the Conciliation rules adopted by the same organization.

18.2. Should both parties intend to appeal to the ordinary judicial Authority, the competent court is that of the country of residence or domicile of the Consumer in accordance with the art.33.2. point u) of the Legislative Decree 206/2005.

 

Art.19

Law and jurisdiction

19.1. The present contract is governed by Italian law.

19.2. All that is not expressly considered here shall be governed by provisions applicable to the case in question in accordance with art.5 of the Rome Convention of 1980.

19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the rules contained in Part III, Title III, Chapter I are expressly invoked.

 

Art.20

Final clause

This present agreement cancels and replaces any other agreement, undertaking, contract, written or oral, previously concluded between the parties and concerning the subject of this contract.

 

 

Notes
[1] The Italian Data Protection Authority – Privacy watchdog measures – art.154, 1 c) Legislative Decree 196/2003- Semplificazioni di taluni adempimenti in ambito pubblico e privato rispetto a trattamenti per finalità amministrative e contabili del 19 giugno 2008, published in Gazzetta Ufficiale 1st July 2008, n°152

[2] The Italian Data Protection Authority – Privacy watchdog measures – Guida pratica di misure di semplificazione per le piccole e medie imprese del 24 maggio 2007, published in Gazzetta Ufficiale 21st June 2007, n°142

[3] “Unless the company has appointed a manager in the person of Mr……”