1. Our conditions refer to:
1.1 These general sales conditions apply to all orders placed through the website managed by the company Conceria Nuvolari Srl, with capital of € 10,000.00, tax code and VAT number 02013190448, registered office in Montegiorgio, Via Campania 8 and coming from any person acting in the context of his professional activity (hereinafter "Professional" or "Customer").
Specifically, we consider as Professionals, among others: private and / or public companies, traders, artisans and sole proprietorships.
Any order placed through www.concerianuvolari.com by a Professional is subject to these General Terms and Conditions of Sale and implies their unconditional acceptance. No exception to these provisions will be made, unless explicitly accepted by the Seller.
2. Subject of the Contract
2.1 Online sales. These General Online Sales Conditions apply to all Orders related to the purchase of Products through the use of the Website www.concerianuvolari.com by Customers, as defined above in art. 1;
2.2. Invitation to offer. The presentation of the Products on the Site constitutes an invitation to offer. The Customer's order will be considered as a contractual purchase proposal addressed to the Seller for the Products listed, each considered individually. Upon receipt of the order, the Seller will automatically send the Customer a message of taking charge of the order (Order creation). Order Creation does not constitute acceptance of the Customer's purchase proposal. By sending the Order Creation, the Seller only confirms that he has received the order and submitted it to a data verification and availability process for the Products requested.
In order to proceed with the completion of the purchase, the Customer must enter the billing and / or shipping data (if the two addresses did not match):
- customer data: indicate name, surname and billing address
- recipient data: indicate an addressee and address other than the Customer's data to deliver the order to;
- payment methods: indicate the preferred payment method;
- shipping method: confirm the shipping method by accepting the cost shown and any additional costs;
Once all the data necessary for fulfilling the order has been entered to arrive at the "Confirmation" of the order, payment must be made in the chosen manner;
Once the order has been validated by the Customer and that the same has provided for the relative payment and the receipt of the amount has been verified by the seller, the order will pass from the "created" status to the "confirmed" one.
The seller will include this information in the order confirmation sent by e-mail, together with the details of the requested order including the information regarding the shipment of the product except for the expected delivery date which will be communicated to the Customer by the courier in charge;
The order is considered accepted by the seller when the status of the same is passed to the "shipping" phase; .
In the event that the order is processed through multiple shipments, the Customer can receive separate Shipping Confirmations. The Customer may cancel the order before receiving the Shipping Confirmation.
The General Online Sales Conditions apply exclusively to purchases made on the Website. The Products purchased on the Website are sold directly by the Seller, as defined above in art. 1 letter to)
2.3 Customer: The Customer pursuant to art. 1 is any natural or legal person who acts as the owner of a company authorized by law to use the Products;
3. Content and changese
3.1 Premises. The above premises form an integral part of this Agreement.
3.2 Content. This Agreement replaces any agreement previously entered into between the Parties on the subject matter of the Contract.
3.3 Changes. In the event of changes to the General Online Sales Conditions, the General Online Sales Conditions published on the Website at the time the Customer sends the Order will apply to the Purchase Order.
4. Contract Effectiveness
The rights and obligations inherent in this Agreement are binding on the Parties and their assignees.
5. Information and changes to the Products
5.1. Product Description. For each Product it is possible to view an info-card with the image and characteristics of the Product.
The images and colors of the products offered for sale on the Site may not correspond to the actual ones due to the Internet browser and / or monitor used.
The Seller is not responsible for any inaccuracies due to a particular configuration of the computer or its malfunction.
5.2. Product Modifications. The Seller can eliminate and / or replace the Products described on the Site at any time and without prior notice and may make non-substantial and non-pejorative technical and aesthetic improvements to the Product.
6.1. Product Price. Prices included in the information sheets are expressed in Euro and VAT is not included, unless otherwise indicated.
6.2 Shipping and payment charges. Prices shown in the information sheets do not include the shipping costs and those linked to the selected form of payment. They are fixed and calculated on the basis of place of delivery and form of payment selected by the Customer before forwarding the Order. The shipping costs of the Products and the costs relative to the method of payment are entirely borne by the Customer.
6.3. Price Changes. Prices published on the Site may be updated and therefore may be subject to change. The Customer will purchase the Products at the price published on the Site at the time the Order is sent.
6.4. Price variation and shipping costs depending on the country of delivery. &Customs clearing costs must be added to prices and shipping costs and have to be borne by the Customers since they cannot be calculated during the purchasing stage.
6.5. Sales Promotions. The Seller reserves the right to make promotions that may vary depending the different country of delivery.
7. Product Order
7.1. Registration on the Site. In order to purchase one or more Products, the Customer has to be registered on the Website www.concerianuvolari.com first providing the Seller with all the data necessary to enable him to carry on the Order.
The data will be processed in accordance with the art. 13 of Legislative Decree 196/2003 (hereinafter, "Privacy Code") and EU Regulation 2016/679 (hereinafter: "Regulation"), concerning the protection of personal data. The Seller may request a certificate of registration with the Chamber of Commerce or other equivalent document, in order to identify the Customer. The Seller, after receiving the Customer's data, will promptly send an e-mail to the Customer indicating the authentication procedure, to enable him/her to access to the Site for online purchases, which will also include the on-line account references and the activation procedure of the same (the password cannot be known by the Seller);
The Customer shall declare to have carefully read all the information published by the Seller on the following site www.concerianuvolari.com and acknowledge that all provisions are fully reported and transcribed herein and therefore he/she considers them applicable to this contract;
7.2 Orders placement. Purchase Orders must be necessarily placed online through the order procedure described on the Site, exclusively by natural and legal persons acting for purposes inherent to their business activity.
fter accessing the "shop" or category or search page, the Customer can select the Products to be purchased by entering them in the "Virtual Cart" by pressing the "Add to Cart" button, if provided, or access the individual configuration page produced using the "Choose Options" button and in this page select the features and variables of the product and only then, by clicking on the "Add to Cart" button, proceed with the purchase and add it to the "Virtual Cart", of which he/she can always display the content before proceeding to forward the Order. The Customer can directly access the page of a single product, in which to select the characteristics and variables of the product and only then, by clicking on the "Add to Cart" button, proceed with the purchase and add it to the "Virtual Cart", of which he/she can always view the content before forwarding the Order.
After clicking on the "Add to Cart" button a popup will ask the user if he wants to proceed with other purchases or proceed to checkout and complete the order. During the Order formulation phase until the order is placed, the Customer can modify the data entered.
7.3 Acceptance of the Online General Conditions of Sale. By sending the Order The Customer declares to have read and accepted the General Online Sales Conditions indicated on the Site and declares to have read all the indications provided during the purchase procedure.
7.4 Order Creation and subsequent Order Confirmation. After receiving the Order The Seller will automatically send an e-mail to the e-mail account communicated by the Customer, containing the acknowledgment of receipt of the Order called "Order Creation". Once the payment has been made by the Customer and received by the Seller, this communication will be followed by the sending of the "Order Confirmation" which will summarize the Products chosen by the Customer, the relative prices (including the costs of delivery), the Order number and the link to the General Online Sales Conditions.
7.5 Conclusion of the Contract. The Contract will be considered concluded only when the Seller, having received the payment and forwarded the Order Confirmation, will send the Customer a subsequent e-mail with the "Shipping Confirmation" which will also contain information regarding the delivery of the Product.
In the event that the order is processed through multiple shipments, the Customer will receive separate Shipping Confirmations. The Customer may cancel the order before receiving the Shipping Confirmation.
The courier will then be responsible for informing the seller of the expected delivery date;
7.6 Non-availability of Products. The Seller does not guarantee the complete availability of the Products shown in the information online-sheets. If the Products are not available, the Seller will inform the Customer via e-mail about it.
In case of non-delivery of the ordered Products, the Customer has the right to a full refund of the sums paid.
7.7 Customer data and order number. The Customer engage himself to communicate personal data and not those of third parties, and to communicate truthful, non-fantasy or invention data. In any communication following the Order, the Customer must use the Order number communicated by the Seller.
7.8. Orders review. The Customer can view his orders on the Site, in the "Order History" area.
8. Payment methods, invoices, retention of title
8.1. Terms of payment. Payment must be made online with Paypal or bank transfer;
Together with the communication of the order creation, the amount corresponding to the products purchased will be charged to the Customer.
8.2 Time of payment and default interest. After placing the Order The Customer will pay in full the price of the items selected, including the transport costs and the costs related to the chosen payment method.
In the event of non-payment, the Seller will neither send the Order Confirmation nor make any delivery
In case of late payment the Customer shall pay default interests pursuant to Legislative Decree no. 231/2002 and subsequent amendments;
In caso di ritardo nel pagamento saranno dovuti dal Cliente gli interessi di mora a norma del D.lgs. 231/2002 e sue successive modifiche.
8.3 Invoice issuing. The Seller will issue the invoice attaching it to his delivery and will also send it in electronic format using the email address communicated by the Customer in the Shipping Confirmation. No change in fiscal documents can be made after issuing them.
9.1 The selling company carries out shipments with the forwarders "GLS or FEDEX".
9.2 Deliveries sboth for Italy and abroad are made within 15 (fifteen) working days
9.3 For deliveries outside the European Union the customs duties are charged to the customer.
9.4 No responsibility can be attributed to the seller in case of delay in delivery.
9.5 The selling company will inform the Customer about the expected delivery date to be carried out in the place indicated by the Customer. Later the forwarder will get in touch with him/her to share delivery details;
9.6 If the first delivery attempt is unsuccessful, the forwarder will make a telephone call to the number provided by the Customer and printed on the address label stuck on the package.
9.7 The forwarder shall makes two attempts to deliver the products to the address indicated by the Customer. In the event that such attempts are not successful, the products will remain at the Customer’s disposal at the forwarder's warehouse for 5 (five) working days and storage costs shall be borne by him/her.
9.8 Upon delivery of the products, the Customer is required to check that the packaging - including the closing materials (closing stickers)- is intact, not damaged, nor wet or otherwise altered.
9.9 Once the delivery document has been signed, the Customer will not be entitled to any claim about the external characteristics of the products delivered.
9.10 Missed or delayed delivery due to force majeure. The Seller will not be responsible for a non-delivery or a late delivery due to force majeure, such as - by way of example (this list is not exhaustive): strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, floods, wars, insurrections. The Seller will promptly notify the Customer of the occurrence and the absence of a case of force majeure. If the force majeure persists for a period exceeding 30 (thirty) days, each of the Parties will have the right to withdraw from the Contract. In the event of withdrawal pursuant to this article, the Customer will not be entitled to any compensation or compensation for any reason, without prejudice to the right to a refund of what has already been paid for the ordered product.
10. Receipt, complaints and guarantees
10.1 At the time of delivery, the Customer must carry out all the necessary checks to detect possible damage and / or other defects in the products delivered which may make it useless.
10.3 If the Customer finds flaws and defects in the Products being purchased, he/she can get in touch with the Seller, subject to revocation, within 8 days of discovery, to report the defect. The guarantee is valid for 1 (one) year from delivery of the faulty Product. After these terms the Seller will not be liable for defects found by the Customer. In case of obvious defects, the Customer must report them within 10 (ten) days from the date of delivery of the Products, and the transport costs and any other expenses for returning the Products will be borne by the Customer.
10.4 Defect notice. The Seller invites the Customer to describe in as much detail as possible the nature of the defect found and eventually to transmit in copy the Order documents, indicate the Order number, and any other useful detail for the correct identification of the complaint.
10.5 Repair or replacement. The Seller will, depending on the case, carry out repairs and replacements of the Product within a reasonable period of time after having acknowledged the defect. In the event of replacement or repair of the Product, the terms of the warranty (forfeiture and prescription) run from the date of delivery of the repaired or replaced Products.
10.6 Returning Products for defects. In the event that the warranty provides for the return of the Product to the Seller, the Product must be returned by the Customer with the complete original packaging in its parts (including the documentation present inside the packaging) within 10 days from the communication of the defect.
10.7 Warranty waiver. The Products will not be subject to warranty for defects in the event that the Customer has made incorrect use of the Products, or if the Products have been altered or modified without the Seller's written consent, or have been improperly stored i.e. not taking into account the characteristics of the Products;
10.8 Withdrawal of defective products. The Customer undertakes to support the Seller in the withdrawal of the defective Products from the market, if the Seller explicitly asks for it.
11. Protection of intellectual property rights
11.1 Website. The content of the Site, by way of example (this list is not exhaustive) texts, photos, trademarks, images, description of the Products, is owned and managed by the Seller and may not be copied, reproduced or used in any way, without written consent of the Seller
11.2 Printing of the material contained on the Site. The Customer may print the material contained on the Site only with the prior authorization of the Seller.
12. Early termination
12.1 Termination with immediate effect. In case of an essential breach by the other party or in the presence of exceptional circumstances that justify the early termination each Party may terminate this Agreement with immediate effect, by written notice using a means of transmission that ensures evidence of transmission and of the date of receipt of the communication.
12.2 Circumstances of essential breach. The Parties agree that any breach of contractual obligations may be considered serious if, despite the written notice to perform by a Party, the notified Party does not meet the request within the period of fifteen days (15).
12.3 Circumstances justifying the early termination. The Parties agree to consider as circumstances justifying the early termination of the contract the following situations: bankruptcy, arrangement with creditors or other insolvency procedures, liquidation, transfer of assets to creditors, any substantial change in the control, ownership and / or management of one of the Parties as well as any circumstance that could substantially affect the ability of a Party to fulfill its obligations under this Agreement.
13. Validity of the contract
13.1 Invalidity of a clause. The nullity or invalidity of a clause does not result in the nullity or invalidity of the entire Contract.
13.2 Replacement of the invalid clause. The Parties expressly agree to replace, where possible, the clause deemed to be void or invalid with another provision having a content similar to their original intentions and in accordance with the content of the contractual relations between them.
14. Communications - Contract Language
14.2 Language. This Agreement, written in Italian, may be translated by the other party into another language. In case of conflict in terms, the meaning of the Italian version prevails.
15. Applicable law / jurisdiction
The relationships between Professional Customers and the seller are ruled by Italian law. The PARTIES elect domicile at the respective registered office.
In the event of a dispute that cannot be resolved amicably, any legal action will be brought before the court that is responsible for the place where the registered office of the company is located.
16. Expressed consent of unfair terms
In accordance with the provisions of articles 1341 and 1342 Italian Civil Code, the Customer declares to specifically accept the following unfair terms:
3. Content and changes
4. Effectiveness of the Contract;
5. Product information and changes;
7. Product Order;
8. Payment methods, invoices, retention of title;
10. Receipt, complaints and guarantees;
12. Early termination;
13. Validity of the contract;
15. Applicable law / jurisdiction.
STATEMENT ON TREATMENT OF PERSONAL DATA
This statement is provided to customers, individuals and natural persons who operate in the name and on behalf of corporate clients, of Conceria Nuvolari Srl pursuant to GDPR 679/2016 - "European Regulation on the protection of personal data".
Identity of the Controller
The Data Controller of clients, individuals, or natural persons operating in the name and on behalf of legal entity clients, is the president Santori Carlo.
Categories of data
The processing does not include special categories of personal data as per 9 of GDPR 679/2016.
The personal data processed are those provided by the interested party on the occasion of:
• filling in the "registration" form;
• requests for information, including via e-mail;
• previous transactions.
Processing of personal data purposes.
The personal data of customers, physical persons and natural persons who operate in the name and on behalf of legal person customers , if provided, are processed by the Data Controller for:
• acquiring pre-contractual data and information;
• carrying out the operations necessary for processing orders and other requests;
• preventing and managing possible disputes, taking legal action in case of need;
• managing accounting and tax obligations;
Furthermore, they are processed by the Data Controller and by the Tax Advisor for:
• managing the administrative, accounting, civil and fiscal obligations;
• preparing and presenting civil and fiscal declarations and documents, provided for by laws, regulations, norms and community and non-EU directives.
The personal data of customers who are natural persons and of natural persons who act in the name and on behalf of clients, legal persons, if provided, are processed by the Data Controller only after receiving explicit consent to send various kinds of communications and with different means of communication (telephone , mobile phone, Sms, email, fax, paper mail);
The processing of data for each of the above purposes may be done on paper or electronically.
This statement for the processing of data is lawful and allowed, even in the absence of consent, as it is necessary for the execution of a contract involving the interested party (the service supply relationship) or for fulfilling his requests.
Natural persons customers may not refuse to provide the Data Controller with the personal data needed to comply with the laws governing commercial transactions and taxation.
The transmission of further personal data may be necessary to improve the quality and efficiency of the transaction.
Therefore, refusal to provide the data required by law will prevent the carrying out of orders; while the refusal to provide additional data may compromise, in whole or in part, the fulfillment of other requests and the quality and efficiency of the transaction itself.
The personal data processed by the Data Controller will not be disclosed, or will not be revealed to undetermined subjects, in any possible form, including that of making them available or simply visible. Instead, they can be communicated to the employee of the company and to some external subjects cooperating with them. They may also be communicated, within the strictly necessary limits, to subjects who, for the purpose of carrying out orders or other requests or services related to the transaction or the contractual relationship with the Data Controller, must provide goods and / or provide performances or services on behalf of the Owner. Finally, they can be communicated to the subjects entitled to access them under the provisions of the law, regulations, European regulations.
The data controller does not transfer personal data to third countries or international organizations.
However, it reserves the right to use cloud services; in which case, the service providers will be selected from among those who provide adequate guarantees, as required by art. 46 GDPR 679/16.
The Data Controller maintains and processes personal data for the time necessary to fulfill the indicated purposes. Subsequently, personal data will be stored, and not further processed, for the time established by the current civil and fiscal provisions.
Rights of the interested party
Pursuant to the European Regulation 679/2016 (GDPR) and the national legislation, the interested party may, according to the procedures and within the limits established by current legislation, exercise the following rights:
• to request confirmation of the existence of personal data concerning him (right of access);
• to know their origin;
• to receive an intelligible communication;
• have information about the logic, methods and purposes of the processing;
• to request the updating, rectification, integration, cancellation, transformation into anonymous form, blocking of data processed in violation of the law, including those no longer necessary for the pursuit of the purposes for which they were collected;
• in the case of consent-based processing, to receive the data he/she provided to the holder, in a structured and readable form by a data processor and in a format commonly used by an electronic device;
• in the case of treatments based on express consent based on art. 6 par. 1 letter a) of the GDPR 679/2016, to revoke the consent at any time without jeopardizing the lawfulness of the processing based on the consent given before the revocation.
• the right to lodge a complaint with the supervisory authority.
Automated decision making processes
The Data Controller does not carry out processing on customer data made by automated decision-making processes.
Details of the Controller
The data controller of your data is Conceria Nuvolari Srl