TYPE CONTRACT FOR THE ON-LINE SALE OF CONSUMER GOODS



The Purchaser expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.


Identification of the Supplier
The goods covered by these general conditions are offered for sale by " SANGUINETI-Il Regalo dal 1934 sas" with headquarters/branch in Genoa, Via XX Settembre n. 108R, registered with the Chamber of Commerce of Genoa at no. 42280 of the Register of Companies, VAT no. 00969030105 hereinafter referred to as the "Supplier",



1) DEFINITIONS

1.1 The expression "on-line sales contract" means the sales contract relating to the Supplier's tangible movable property, entered into between the Supplier and the Purchaser within the framework of a remote sales system using telematic instruments, organised by the Supplier.

1.2 The expression "Purchaser" is intended to mean the natural person consumer who makes the purchase, referred to in this contract, for purposes that cannot be referred to any commercial or professional activity carried out.

1.3 The expression "Supplier" is intended to mean the subject indicated in the epigraph or the subject providing the information services.



2) SUBJECT OF THE CONTRACT

2.1 With the present contract, respectively, the Supplier sells and the Purchaser purchases at a distance through telematic instruments the tangible movable goods indicated and offered for sale on the website www.sanguineti.it

2.2 The products referred to in the previous point are illustrated on the web page: www.sanguinetishoponline.it



3) TERMS OF CONTRACT TERMINATION

The contract between the Supplier and the Purchaser is concluded exclusively through the internet network by means of the Purchaser's access to the address www.sanguinetishoponline.it, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 1 of the previous article.


4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

4.1 The purchase contract is concluded by the exact completion of the request form and the consent to the purchase manifested through the adhesion sent online or with the completion of the form/form attached to the electronic catalogue online and the subsequent sending of the form/form itself, always after viewing a web page of order summary, printable, which contains the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.

4.2 When the Supplier receives the order from the Purchaser, he will send an e-mail confirmation or display a printable web page confirming and summarising the order, which also contains the data referred to in the previous point.

4.3 The contract shall not be considered as finalised and effective between the parties in the absence of what is indicated in the previous point.

5) PAYMENT AND REFUND METHODS

5.1 Any payment by the Purchaser may only be made by one of the methods indicated on the relevant web page by the Supplier.

5.2 Any reimbursement to the Purchaser shall be credited by one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of the exercise of the right of withdrawal, as governed by clause 13, point 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.

5.3 All communications relating to payments shall take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.


6) DELIVERY TIMES AND METHODS

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 the offer of the goods, as confirmed in the e-mail referred to in point 4.2.

6.2 Delivery times may vary from the same day of the order to a maximum of 3 (three) working days from confirmation of the order. In the event that the Supplier is not able to dispatch the goods within the aforementioned term, but in any case within the term indicated in the following point, the Purchaser will be promptly notified by e-mail.

6.3 The methods, times and costs of shipment are clearly indicated and highlighted at https://www.sanguinetishoponline.it/index.php?route=information/information&information_id=6



7)PRICES

7.1 All the sales prices of the products displayed and indicated on the website www.sanguinetishoponline.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

7.2 The sales prices indicated in the previous point are inclusive of VAT and any other tax. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the purchaser submits the order and also contained in the web page summary of the order placed.

7.3 The prices indicated in correspondence with each of the goods offered to the public are valid until the date indicated in the catalogue.



8) AVAILABILITY OF PRODUCTS

8.1 The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. To this end, it indicates in real time, in its electronic catalogue, the number of products available and those not available, as well as shipping times.

8.2 If an order exceeds the quantity in stock, the Supplier will inform the Purchaser by e-mail if the goods can no longer be reserved or what the waiting time is to obtain the chosen goods, asking if he intends to confirm the order or not.

8.3 The Supplier's computer system shall confirm that the order has been registered as soon as possible by sending the user an e-mail confirmation, pursuant to point 4.2.



9) LIMITATIONS OF LIABILITY

9.1 The Supplier shall not be liable for inefficiencies attributable to force majeure, if it is unable to execute the order within the time provided for by the contract.

9.2 The Supplier shall not be held liable to the Purchaser, except in the case of fraud or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside its control or that of its sub-suppliers.

9.3 The Supplier shall also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, the Purchaser being entitled only to a full refund of the price paid and any ancillary charges incurred.

9.4 The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, when paying for the products purchased, if it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

9.5 In no case may the Purchaser be held responsible for delays or misunderstandings in payment if he/she can prove that he/she made the payment within the time and in the manner indicated by the Supplier.



10) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND REIMBURSEMENT OF DAMAGES: THE OBLIGATIONS OF THE SUPPLIER.

10.1 Pursuant to articles 114 and following of the Consumer Code, the Supplier is responsible for damage caused by defects in the goods sold if he fails to inform the damaged party, within three months of the request, of the identity and address of the producer or the person who supplied him with the goods.
10.2. The aforesaid request, by the damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists.

10.3 The Supplier shall not be liable for the consequences of a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet permit the product to be considered defective.

10.4 No compensation shall be due if the damaged party was aware of the defect of the product and of the danger arising from it, and nevertheless voluntarily exposed himself to it.

10.5 In any case, the damaged party shall have to prove the defect, the damage, and the causal connection between the defect and the damage.

10.6 The damaged party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, as long as it is of a type normally destined for private use or consumption and thus principally used by the damaged party.

10.7 Damage to objects as per article 123 of the Consumer Code will, however, only be compensated to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).



11) GUARANTEES AND SERVICE METHODS

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

11.2 For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the purpose for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the quality and performance which are customary in goods of the same type and which the consumer may reasonably expect, taking into account the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made in this respect by the seller, the producer or his agent or representative, particularly in advertising or on labelling; (d) they are also fit for the particular purpose intended by the consumer and brought to the seller's attention by the latter at the time of conclusion of the contract and which the seller has accepted, even by implication.

11.3 The Purchaser loses all rights if he does not report the lack of conformity to the Seller within two months from the date on which the defect was discovered. The notification is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.

11.4 In any case, unless there is proof to the contrary, it is presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.

11.5 In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.6 The request must be made in writing, by registered mail, to the Supplier, who shall indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, the Supplier shall indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the faulty goods.

11.7 If repair or replacement is impossible or excessively onerous, or the Supplier has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair carried out previously has caused considerable inconvenience to the Purchaser, the latter may request, at his discretion, an appropriate reduction in the price or termination of the contract. In this case, the Purchaser shall send its request to the Supplier, which shall indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within seven working days of receipt.

11.8 In the same communication, where the Supplier has accepted the Purchaser's request, the Supplier shall indicate the proposed price reduction or how the defective goods can be returned. In such cases, it shall be the Purchaser's responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.



12) OBLIGATIONS OF THE PURCHASER

12.1 The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the Contract.

12.2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract.

12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, as this step is made compulsory before the purchase confirmation.



13) RIGHTOFWITHDRAWAL

13.1 In any case, the Purchaser has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within 15 (fifteen) working days, starting from the day of receipt of the goods purchased.

13.2 In the event that the professional has not fulfilled his obligations to provide information on the existence, methods and timing of return or collection of the goods in case of exercise of the right of withdrawal under Article 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 90 (ninety) days and runs from the day of receipt of the goods by the consumer.

13.3 If the Purchaser decides to make use of the right of withdrawal, he must inform the seller by registered letter with return receipt to the address "SANGUINETI-Il Regalo dal 1934 sas, via XX Settembre 108R, 16121 Genova" or by e-mail to shop@sanguineti.it, provided that such communications are confirmed by registered letter with return receipt to the address "SANGUINETI-Il Regalo dal 1934 sas, via XX Settembre 108R, 16121 Genova " within the following 48 (forty-eight) hours. The postmark affixed by the post office on the receipt issued will be deemed authentic between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that it is done within the same terms. The date of delivery to the post office or to the forwarding agent shall be deemed authentic between the parties.

13.4 The return of the goods shall in any case take place within 30 (thirty) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.

13.5 The Purchaser may not exercise this right of withdrawal for contracts for the purchase of audio-visual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly customised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the Consumer Code.

13.6 The only expenses payable by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier does not agree to bear them.

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

13.8 Upon receipt of the communication by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.



14) CAUSES FOR TERMINATION

14.1 The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in art. 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfilment of only one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for any further action c.c., without the need for judicial pronouncement.



15) PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PURCHASER'S DATA

15.1 The Supplier protects the privacy of its customers and guarantees that the treatment of the data complies with the provisions of the privacy legislation as per Legislative Decree no. 196 of 30 June 2003[1].

15.2 The personal data and tax acquired directly and / or through third parties by the Supplier "SANGUINETI-Il Regalo dal 1934 sas", the owner of the treatment, are collected and processed in paper, computer, telematics, in relation to the methods of treatment with the aim of recording the order and activate against him the procedures for the execution of this contract and the necessary communications, in addition to any legal obligations, and to allow effective management of business relationships to the extent necessary to best perform the service requested (art. 24, comma 1, lett. b, D.Lgs. n. 196/2003)[2].

15.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of judicial authorities or other authorities authorized by law.

15.4 Personal data shall be communicated, subject to the signing of a confidentiality agreement for the data itself, only to parties delegated to carry out the activities necessary for the execution of the contract entered into and communicated exclusively for this purpose.

15.5 The Purchaser enjoys the rights under Art. 7 of Legislative Decree.vo 196/03, namely:

the right to obtain:

a) the updating, rectification or, when interested, the integration of data;

b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;

c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject shall also have the right to object, in whole or in part:

i) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;

ii) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

15.6 The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. If this is not the case, the Purchaser's request cannot be processed.

15.7 In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.

15.8 The holder of the collection and processing of personal data is the Supplier, to whom the Purchaser may address any request at the company's headquarters.[3]

15.9 Everything that reaches the Centre's e-mail address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) shall not be considered information or data of a confidential nature, shall not violate the rights of others, and shall contain valid information that does not violate the rights of others and is truthful; in any case, no responsibility may be attributed to the Centre for the content of the messages themselves.



16) METHOD OF STORAGE OF THE CONTRACT

16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself according to criteria of confidentiality and security.


17) COMMUNICATIONS ANDCOMPLAINTS

17.1 Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: "SANGUINETI-Il Regalo dal 1934 sas, via XX Settembre 108R, 16121 Genova" or sent by e-mail to the following address shop@sanguineti.it. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes to receive communications from the Supplier.



18) SETTLEMENT OFDISPUTES

18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Genoa and settled according to the Conciliation Regulations adopted by the same.

18.2 If the Parties intend to refer the matter to the ordinary Judicial Authority, the competent Court will be the one in the place of residence or elective domicile of the consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005



19) APPLICABLE LAW AND REFERENCE

19.1 This contract is governed by Italian law.

19.2 For all matters not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply, and in particular art. 5 of the Rome Convention of 1980.

19.3 Pursuant to art. 60 of Legislative Decree 206/05, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are hereby expressly referred to.



20) FINAL CLAUSE

This contract abrogates and replaces all agreements, understandings, negotiations, written or oral, previously made between the parties and concerning the subject matter of this contract.



A - I DO NOT ACCEPT THE CONDITIONS REFERRED TO ABOVE



B - I ACCEPT THE CONDITIONS REFERRED TO ABOVE




[1] General provision of the Guarantor for the protection of personal data "Simplifications of certain obligations in the public and private sectors with respect to processing for administrative and accounting purposes" of 19 June 2008, published in the Official Gazette of 1 July 2008, no. 152.



[2] General measure of the Garante per la protezione dei dati personali "Guida pratica di misure di semplificazione per le piccole e medie imprese" (Practical guide to simplification measures for small and medium-sized enterprises) of 24 May 2008, published in Official Gazette no. 142 of 21 June 2007.