Terms and legal conditions for the site “Letto di Giulietta” GENERAL TERMS AND CONDITIONS OF SALE These general terms and conditions of sale shall apply to the purchase of products via the website www.lettodigiulietta.it. The Site, which is the property of Daniele Giacomi, Sergio Cinquetti and IMPERIALE World Services SRL, with registered office in Bussolengo (Verona), Via dell’Agricoltura 43, registered at the Verona Business Register with enrolment no. and tax code 01401040207, VAT no. 02098920230, hereafter the “Supplier”, pec certified e-mail address: email@example.com. Each transaction will be governed by the provisions of Legislative Decree no. 70/03 implementing Directive n. 2000/31 / CE, Legislative Decree 206/05 as amended by Legislative Decree no. 21/14 of implementation of the Directive n. 2011/83 / EU and Legislative Decree n. 82/2005; as regards the protection of confidentiality, it will be subject to the legislation referred to in Legislative Decree no. 196/03.
1.1. The term “e-commerce contract” means the contract concerning goods and services stipulated between IMPERIALE World Services Srl (the manager of the e-commerce site) and a customer or consumer within the framework of a sales system or the provision of remote services (therefore, without the simultaneous presence of the parties involved), organized by IMPERIALE World Services Srl which uses only one or more telematic communication techniques for this contract. 1.2 The term “Buyer” means the customer (VAT taxable person) or the consumer as a natural person (as defined by Article 3 of Legislative Decree No. 206/2005, i.e. the natural person acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out). 1.3. IMPERIALE World Services Srl is the manager of the e-commerce site and implies the subject indicated in the inscription that transfers goods or services.
- SUBJECT OF THE CONTRACT
2.1. With the present e-commerce contract IMPERIALE World Services Srl sells and the Purchaser, via telematic tools, remotely acquires tangible goods that are published and offered on the website www.lettodigiulietta.it. 2.2. The aforementioned goods referred to in the preceding paragraph are available on the web page www.lettodigiulietta.it, which shows the catalogue of the goods sold. The products are shown and made visible on the site accurately and corresponding to the characteristics actually possessed. However, IMPERIALE World Services Srl is not able to guarantee the exact correspondence to reality in relation to images and colours as they appear on the customer’s monitor. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
- TECHNICAL STEPS TO BE FOLLOWED FOR THE CONCLUSION OF THE SINGLE PURCHASE CONTRACT
3.1. The contract between IMPERIALE World Services Srl and the Purchaser is concluded exclusively online. Once the purchaser has accessed the www.lettodigiulietta.it website, he/she must follow the procedures indicated on the website in order to formalise the purchase of the goods referred to in article 2 above. 3.2. In detail, the purchase contract, by means of the “invitation to offer”, ends when the purchase order made by the Purchaser arrives at IMPERIALE World Services Srl and the latter accepts it. Before the order is sent, the unit cost of each selected product is summarised, the total cost in case of purchase of several products, the related delivery costs and any additional charges, the methods and terms of payment, the address where the good will be delivered, the time of delivery and the existence of the right of withdrawal. IMPERIALE World Services Srl will promptly send the Purchaser the order receipt. The Purchaser, by sending the purchase order electronically, declares to have read and accepted these general terms and conditions of contract and undertakes to observe and respect them in his/her relations with IMPERIALE World Services Srl. 3.3. Once the purchase order has been submitted, the Purchaser will receive an e-mail message from IMPERIALE World Services Srl confirming the receipt of the purchase and containing the data referred to in the previous point. 3.4. As soon as the payment of the goods is received, IMPERIALE World Services Srl will proceed to issue the relative tax document pursuant to Presidential Decree no. 633/1972 where it is foreseen by the law. In the event that the Purchaser wants to receive an invoice, he/she must notify IMPERIALE World Services Srl when completing the order and must provide the relevant tax code or VAT number.
- METHOD OF PAYMENT AND REFUND
4.1. Any payment for goods/services acquired by the Purchaser can only be made using the payment methods indicated below. Payment by credit card: in the event that the consumer intends to make the payment by credit card, he/she can do so with PayPal, suitable to ensure the confidentiality of data provided by customers. For any further information and legal agreements, please refer to www.paypal.com. Cash on delivery: cash on delivery is accepted only if made by cash or cashier’s check; consequently, pursuant to and for the purposes of art. 1197 of the Civil Code, payments by bank check will not be accepted. Payment by bank transfer: Payment by bank transfer can be made using the following details: – IBAN: IT91K0311159310000000016978 – BIC: BLOPIT22 – Header: Imperiale World Services Srl In the event that the payment is made by bank transfer, the purchased goods will be shipped in the manner described in the following paragraph “Delivery Times and Methods”, at the address indicated by the Purchaser upon receipt of the credit, therefore on average within two / five days after the bank transfer (the timing varies depending on the credit institution used). To facilitate the process, the payment receipt can be sent to the e-mail address: firstname.lastname@example.org 4.2. Any refund to the Purchaser will be credited by one of the methods proposed by IMPERIALE World Services Srl and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by clause 12, item 6 and following of this contract, at the latest within 14 days from the day on which IMPERIALE World Services Srl becomes aware of the withdrawal. IMPERIALE World Services Srl may withhold reimbursement until receipt of the article or until the Purchaser has provided proof of having returned it, depending on which situation occurs first. 4.3. All communications relating to payments take place on a special line of IMPERIALE World Services Srl protected by the encryption system. IMPERIALE World Services Srl guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations on the protection of personal data.
- DELIVERY; SHIPPING.
5.1. The purchased goods, together with the related invoice, is delivered by courier to the address specified by the Purchaser when ordering online. Any specific needs must be presented by the Purchaser to IMPERIALE World Services Srl. 5.2. IMPERIALE World Services Srl guarantees the delivery of the goods within 20 (twenty) working days from the date of receipt of the confirmation of the transaction (for payment by cash, the 20-day period will be counted from the date of receipt of the order via e-mail). In the event that the customer chooses the method of cash on delivery, payment must be made exclusively through cash or cashier’s check, to be delivered directly to the courier upon receipt of the goods. 5.3. In the event that IMPERIALE World Services Srl is not able to make the shipment within the period referred to in the previous point, it will be promptly notified by e-mail to the Purchaser or by telephone if these credentials have been provided during the ordering process. 5.4. The methods, times and shipping costs are duly indicated on the website www.lettodigiulietta.it to the present general conditions of sale. 5.5. In case of non-delivery due to the absence of the recipient at the address indicated by the Purchaser in the order, the courier will leave a notice and try again a second time; if the recipient is again absent, the goods will be returned to the sender (IMPERIALE World Services Srl). In case of repeated impossibility of delivery to the address indicated by the Purchaser when ordering, the same will be automatically canceled without the Buyer’s right to reimbursement of the order total, to any indemnity or compensation for damages. 5.6. Any damage to the packaging and/or the Products or an error in the number of packages or particulars, must be immediately contested, by putting a written note on the courier’s proof of delivery. Once the courier’s document has been signed, the Purchaser cannot make any objections regarding the external characteristics of the goods delivered. Any problems concerning the integrity, correspondence or completeness of the products received must be reported within 10 (ten) working days from delivery.
6.1. All sales prices of the products displayed and indicated on the website www.lettodigiulietta.it are expressed in Euro. 6.2. The sales prices, referred to in the previous point, include VAT and any other tax. Shipping costs and any additional charges, if any, even if not included in the purchase price, will be indicated and calculated by IMPERIALE World Services Srl in the purchase procedure before the order is placed by the Purchaser and also contained in the summary of the order placed.
- PRODUCT AVAILABILITY
7.1. IMPERIALE World Services Srl ensures the processing and fulfillment of orders without delay through the telematic system used. To do so, it indicates in real time, in its electronic catalog, the number of products available, as well as shipping times. 7.2. If an order exceeds the quantity existing in the warehouse, IMPERIALE World Services Srl, through e-mail or other means, will inform the Purchaser if the goods are no longer available or what the eventual waiting times would be to obtain the goods chosen. Before proceeding, the Purchaser will be asked to to confirm the order. 7.3. IMPERIALE World Services Srl’s computer system will confirm, in the least time possible, the successful registration of the order by sending the user an e-mail confirmation, in accordance with point 3.3. 7.4. In case of non-availability of the product, IMPERIALE World Services Srl has no obligation to deliver the goods ordered, unless IMPERIALE World Services Srl assumes the risk of supply in relation to the products that make up the order in question. In any case, if the ordered products are not available, IMPERIALE World Services Srl will see to a prompt reimbursement, to the Purchaser, of any sum already paid without the Buyer’s right to any compensation or compensation for damages.
- LIMITATION OF LIABILITY
8.1. IMPERIALE World Services Srl assumes no responsibility for disservices due to force majeure, in the event it fails to execute the order within the time stipulated in the contract. 8.2. IMPERIALE World Services Srl cannot be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or its sub-suppliers. 8.3. IMPERIALE World Services Srl will not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract due to causes not attributable to the Seller, the Purchaser being entitled only to the full refund of the price paid and any accessory charges incurred. 8.4. IMPERIAL World Services Srl assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, when payment for goods purchased, if able to demonstrate to have taken all possible precautions based on the best scientific knowledge and experience at the time and on the basis of ordinary care.
- LIABILITY FROM DEFECT, TEST OF DAMAGE AND DAMAGES TO BE DRAWN: THE SUPPLIER’S OBLIGATIONS
9.1. In contracts concluded with consumers, IMPERIALE World Services Srl is responsible, in accordance with Articles 114 and Consumer Code ss, of the damages caused by defects in the goods sold if it fails to inform the injured party of the identity and domicile of the manufacturer or of the person who supplied the asset, within three months of the request. 9.2. The claim for damages, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and the date of purchase. 9.3. IMPERIALE World Services Srl cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product to an imperative legal norm or a binding provision, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation, did not consider the product to be defective. 9.4. No compensation will be due if the injured party was aware of the product’s defect and of the danger that derived from it and nevertheless voluntarily exposed him/herself to it. 9.5. In any case, the damaged party must prove the defect, the damage and the causal connection between defect and damage. 9.6. The injured party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for use or consumption and thus mainly used by the injured party. 9.7. The damage to things referred to in Art. 123 of the Consumer Code will, however, be refundable only if exceeding the sum of 387 (three hundred and eighty-seven) Euro.
- WARRANTIES AND ASSISTANCE
10.1. IMPERIALE World Services Srl is liable to the Purchaser as a consumer for any lack of conformity that occurs within two years from delivery of the goods. 10.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; (c) present the usual quality and performance of a good of the same type which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made by the seller, producer or its agent or representative, in particular in advertising or on labelling; d) they are also suitable for the particular use intended by the consumer and which has been brought to the knowledge of the Seller at the time of conclusion of the contract and that the Seller has also accepted for conclusive facts. 10.3. The Purchaser forfeits all rights if he/she does not report the lack of conformity to the Seller within two months from the date on which the defect was discovered. The complaint is not necessary if the Seller acknowledged the existence of the defect or has concealed it. 10.4. In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect of compliance. 10.5. In the event of lack of conformity, the Purchaser as a consumer may request, alternatively and without charge, according to the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or results excessively burdensome pursuant to Art. 130, paragraph 4, of the Consumer Code for IMPERIALE World Services Srl. 10.6. The request must be sent in writing, by registered mail with return receipt or by certified mail, to IMPERIALE World Services Srl, which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication where IMPERIALE World Services Srl has accepted the Buyer’s request, it must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods. 10.7. If the repair and replacement are impossible or excessively burdensome, or IMPERIALE World Services Srl has not repaired or replaced the goods within the period referred to in the previous point or, lastly, the replacement or repair previously carried out has caused significant inconveniences to the Purchaser, he/she may request, at his/her choice, a reasonable reduction of the price or the termination of the contract. In this case, the Purchaser must send his/her request to IMPERIALE World Services Srl, which will indicate its willingness to proceed with the same, or the reasons that prevent it from doing so, within 7 (seven) working days from receipt. In the same communication, where IMPERIALE World Services Srl has accepted the request of the Purchaser, it must indicate the reduction of the proposed price or the method for returning the defective goods. In such cases, the Purchaser will indicate the method for crediting the amount previously paid to IMPERIALE World Services Srl.
- OBLIGATIONS OF THE PURCHASER
11.1. The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the contract. 11.2. Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep these general conditions of sale. 11.3. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is mandatory before the purchase confirmation.
- RIGHT OF WITHDRAWAL
12.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days starting from the day of receipt of the purchased good. In the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good. 12.2. In the event that the Purchaser decides to exercise the right of withdrawal, he/she must inform IMPERIALE World Services Srl by registered letter with acknowledgment of receipt to the address Via dell’Agricoltura 43, 37012 Bussolengo (VR) or by fax to no. +39 0456767145 or by e-mail: email@example.com. To exercise the right of withdrawal, the Purchaser is obliged to inform IMPERIALE World Services Srl through an explicit declaration. For the purpose of exercising the right of withdrawal, the delivery of the communication may validly be replaced by the return of the purchased good, provided that they are in the same terms. The delivery date to the post office or to the shipping company will be valid between the parties. 12.3. The return of the good by the Purchaser must take place without undue delay and, in any case, within 14 (fourteen) days from the date of communication to IMPERIALE World Services Srl of the withdrawal. The product must be returned complete with all accessories, instruction manuals and all that was originally delivered to the customer, as well as packed in its original packaging. A copy of the electronic receipt of the order must be attached to the returned goods. If the returned items show damages or signs of wear resulting from manipulation not necessary to establish the nature, characteristics and functioning of the same, IMPERIALE World Services Srl can withhold from the refund an amount corresponding to their decrease in value. The direct costs of returning the goods will be charged to the Purchaser. The cost varies depending on the number of goods ordered. 12.4. The buyer cannot exercise the right of withdrawal for contracts for the purchase of sealed audiovisual products or computer software, which have been opened by him/her, nor for tailor-made or clearly personalised goods or which, by their nature, cannot be returned or risk deterioration or rapid alteration, of newspaper supplies, periodicals and magazines, as well as goods whose price is linked to fluctuations in the rates of the financial market that the professional is not able to control and in any other case provided for by Art. 59 of the Consumer Code. 12.5. The only expenses payable by the consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to IMPERIALE World Services Srl. 12.6. IMPERIALE World Services Srl will reimburse the price of the article for which the withdrawal has been exercised within 14 days of receipt of the withdrawal notice by the Purchaser. IMPERIALE World Services Srl may withhold the refund until the receipt of the article or until the Buyer has provided proof of having returned it, whichever situation occurs first. 12.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, without prejudice to the provisions of the previous points of this article.
- RESOLUTION CAUSES
13.1. The obligations referred to in point 11, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser carries out with the means referred to in Art. 4, and also the exact fulfilment of the obligations assumed by IMPERIALE World Services Srl in point 5, are essential, so that by express agreement, the non-fulfilment of only one of these obligations, if not determined by fortuitous event or force majeure, will result in the legal resolution of the contract pursuant to art. C. 1456, without the need for a judicial decision.
- PROCESSING OF PERSONAL DATA
14.1. IMPERIALE World Services Srl protects the personal data of its customers and ensures that the processing of data complies with the provisions of privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196. For the regulation refer to www.lettodigiulietta.it/informativa-cookies. 14.2. Anything sent to the email address (including electronic) of IMPERIALE World Services Srl (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, truthful information, not detrimental to the rights of others and, in any case no responsibility regarding the content of the messages themselves can be attributed to IMPERIALE World Services Srl.
- CONTRACT ARCHIVAL PROCEDURE
15.1. IMPERIALE World Services Srl informs the Purchaser that this contract may be printed or stored on his/her own devices. 15.2. Pursuant to art. 12 of Legislative Decree no. 70/2003, IMPERIALE World Services Srl informs the Purchaser that every order sent is stored in digital and paper form on the server and at the headquarters of IMPERIALE World Services srl, according to criteria of confidentiality and security.
- COMMUNICATION AND CLAIMS
16.1. Any eventual complaints or clarifications will be considered valid only if sent to the following e-mail address: firstname.lastname@example.org. The Purchaser will be contacted for clarification within 5 (five) working days from the request. The Purchaser must indicate in the registration form his/her residence or domicile, the telephone number or the email address to which he/she wishes to be sent the communication from IMPERIALE World Services Srl.
- SETTLEMENT OF DISPUTES
17.1. All disputes arising from this contract will be devolved to an attempt at reconciliation with the Mediation Body of the Verona Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same. 17.2. Without prejudice to the applicability of the provisions of law aimed at protecting consumers that identifies the competent place of their place of residence or of domicile address, any controversy not related to consumers and in any case connected with the present general conditions will be devolved to the exclusive competence of the Forum of Verona.
- AVAILABLE LANGUAGES
18.1. The languages available on the www.lettodigiulietta.it website are Italian and English.
- APPLICABLE LAW AND REFERENCE
19.1. This contract is regulated by Italian law.
- MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
20.1. IMPERIALE World Services Srl reserves the right to modify the site, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal provisions or regulations. The Purchaser will be subject to the policies and terms of the General Sales Conditions in place at the time when the product is ordered, unless changes to these policies and terms are required by applicable law or the competent authorities (in which case, they will also apply to orders that have been previously made). If any provision of these conditions is held to be invalid, null or for any reason unenforceable, this condition will not however affect the validity and effectiveness of the other provisions.