1. GENERAL INFORMATION
1. The end user who accepts these terms and conditions (hereinafter the Buyer) expressly states to make the purchase for purposes other than commercial activity or professional enterprise.
2. Each transaction of purchase will be governed by this contract (hereinafter Contract), in accordance with the provisions of Legislative Decree no. 185/99, Legislative Decree no. 206/05 and Legislative Decree no. 21/2014.
3. The information for the conclusion of the contract will be subject to art. 12 of Legislative Decree no. 70/03 and, as regards to the protection of confidentiality, each relating to the agreement and the parties involved, information will be submitted according to the rules under Legislative Decree. 196/03.
2. IDENTIFICATION OF SUPPLIER
1. The goods, subject to these general conditions are offered for sale by www.dedshirts.com website of Andrea Pes, born in Rome on 14.10.1975 resident in Via Mosca 16 - 08015 Macomer (NU); Tax Code PSENDR75R14H501X , VAT No. 01503110916 (hereinafter the Supplier), e-mail address firstname.lastname@example.org.
1. The term online sales contract, means the contract entered into between the Supplier and the Buyer, concerning the purchase and sale of movable tangible property at the availability of the supplier under a distance sales system through electronic means, organized by the Supplier.
2. Buyer, refers to the consumer, a physical person who performs the transaction, under contract, for purposes other than commercial or professional activity.
3. The term Supplier refers to the subject mentioned in the headnote or the provider of information services (eg. concerning the processing of personal data).
4. PURPOSE OF THE CONTRACT
1. With this contract, respectively, the Supplier sells and the Buyer acquires at a distance through electronic means, the tangible movable property indicated and offered for sale on the site www.dedshirts.com.
2. The property referred to in the preceding clause are shown and described on the website www.dedshirts.com.
5. CONCLUSION OF THE CONTRACT
1. The contract between the Supplier and the Buyer ends only via the Internet by way of the Buyer accessing the web at www.dedshirts.com after which the Buyer, following the procedures indicated, will formalize the proposal for the acquisition of goods referred to in clause 4.1.
6. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
1. The contract of purchase is concluded when the Buyer, after correctly filling in the online purchase agreement form, gives concent by sending the online request to the Supplier.
2. Before the purchase agreement is sent by the Buyer, a web screen will open that contains a summary in which the price of the goods purchased, the shipping charges and any additional charges in the matter related to the terms of payment and the address to where the goods will be delivered are reviewed.
3. When the Supplier receives the order from the Buyer, the Supplier will send a confirmation email to the address provided by the Buyer in the the form referred to in clause 6.1., containing all data in the summary referred to in clause 6.2.
4. The contract is deemed incomplete and ineffective between the two parties if any of the prerequisites specified in the clauses contained in paragraph 6 are incorrect or incomplete.
7. PAYMENTS AND REFUNDS
1. Payment by the Buyer may only take place by means of one of the methods mentioned in the relevant web page from the Supplier.
2. Refunds will be credited to the Buyer through one of the methods proposed by the Supplier, chosen by the Buyer, in a timely manner and, in the case that the right to cancellation is exercised, as regulated by paragraph 12. of the Contract, 15 (fifteen) working days at the latest from the date of which the Supplier is aware of the request for reimbursement.
3. All communications and data collected regarding payment are treated in compliance with current legislation pertaining to the data protection act.
8. DELIVERY TIMES AND METHODS OF DELIVERY
1. The Supplier will deliver the goods, selected and ordered by the Buyer, in the manner chosen by the Buyer from those listed on the website at the time of purchase, as confirmed by the e-mail referred to in clause 6.3.
2. The Supplier guarantees that it will send the goods ordered within 2 (two) working days from the date of payment of the order. In the event that the Supplier is not able to make the shipment within that period, prompt notice will be given by e-mail to the Buyer.
3. The manner, timing and the shipping costs are clearly stated and well highlighted at www.dedshirts.com and will still be specified in the email confirmation referred to in clause 6.3..
1. All prices for goods on display and indicated on the website www.dedshirts.com, are expressed in euro, in accordance with art. 1336 commercial code.
2. The price of sale, in the preceding clause, includes VAT and any other taxes, except those of customs duties.
3. The shipping fee, if any, will be indicated and calculated during the purchase procedure prior to order completion by the buyer and is also contained in the schedule referred to in clause 6.2., as well as in the e-mail confirmation referred to in clause 6.3..
4. The Supplier shall not pay any taxes, duties and / or customs duties incurred from separate legal systems of different States, these eventual charges are to be paid by the Buyer.
10. AVAILABILITY OF THE GOODS
1. The Supplier assures, through the online system, processing and fulfillment of orders without delay. Doing this in real time allows the online catalog to indicate the number of goods available and those not available.
2. If an order exceeds the amount present in stock, the Buyer will be asked, before confirming the order, if they still wish to conclude the purchase agreement limited to the number of goods actually available.
11. LIMITATIONS OF LIABILITY
1. In the event of unforeseeable circumstances or force majeure, the Supplier assumes no responsibility for the failure to fulfill the order within the time stipulated in the contract.
2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, in the case that the contract is not able to be fulfilled due to outages or malfunctions related to the use of the Internet outside of the control of the Supplier or its sub-suppliers.
3. The Supplier shall not be liable for any fraudulent and illegal use of credit cards, checks and other means of payment by third parties for payment for the goods purchased, if the Supplier can demonstrate that all possible precautions were taken based on the best science and best practice available under normal diligence.
4. In no event shall the Buyer be liable for any delay or disruption in the payment process if he demonstrates that payment was made within the time and manner specified by the Supplier.
12. BUYER'S OBLIGATIONS
1. The Buyer shall pay the price of the goods purchased in the time and manner specified in the Contract.
2. The Buyer agrees, once the online purchase is concluded, to print and conserve the Contract.
3. The information contained in the Contract however, will have already been read and accepted by the Buyer, who accepts the terms and conditions of the Contract, as this step is mandatory before purchase confirmation.
13. RIGHT TO CANCELLATION
1. The Buyer has in every case the right to terminate the contract without penalty and without giving any reason within 14 (fourteen) working days, counted from the date of which the Buyer comes into possession of the goods purchased.
2. In the event that the Supplier fails to meet the requirements of providing information about the existance, methods of, return times for and / or cancellation procedure of the contract, in the case of exercising the right to cancellation under Article. 52 of the Consumer Code, the deadline for exercising the right to cancellation is 90 (ninety) days from the day when the Buyer takes possession of the goods purchased.
3. If the Buyer decides to exercise the right to cancellation, the Buyer should notify the Supplier by registered mail with return receipt to Via Mosca 16 - 08015 Macomer (NU), or by e-mail to the address email@example.com provided such communications are confirmed within 48 (forty eight) hours by the sending of registered mail with a return receipt.
4. For the purposes of the valid exercise to the right to cancellation, the sending of this notification can be replaced by the return of goods purchased, provided that the same terms set out in clause 12.3.. are complied with between the individual parties and the date of delivery to the post office or to the shipping company.
5. The return of the goods must take place no later than 30 (thirty) days of receipt of the goods. To be entitled to a full reimbursement of the price paid, the goods must be returned complete with all accessories and everything that was originally delivered to the customer. The goods returned must be accompanied by a copy of the e-mail confirmation of the order referred to in clause 6.3.
6. The only costs payable by the Buyer for exercising the right to cancellation in accordance with this clause is the direct cost of returning the goods to the Supplier.
7. The Supplier shall provide, free of charge, a refund of the full amount paid by the Purchaser within 30 (thirty) days of receipt of notice of cancellation.
8. Upon receipt of the communication by which the Buyer shall notify the Supplier of the exercise of the right to cancellation, the parties to the Agreement are absolved of mutual obligations, except as provided in the preceding clauses of this paragraph.
14. RESOLUTION CAUSES
1. The obligations set out in paragraph 12., assumed by the Buyer, as well as for security for the completion of payment, the Buyer using the means provided for in clause 7.1. are essential, so that by express agreement, the defective or non-performance of one of these obligations, if not determined by accident or force majeure, results in the termination of the contract under article 1456 c.c. without need for any judicial decision.
15. PROTECTION OF PRIVACY AND BUYER DATA PROCESSING
1. The Supplier protects the privacy of the Buyer and ensures the processing of data which may become evident in accordance with the provisions of Legislative Decree no. June 30, 2003, n. 196 (C.d. Privacy Code).
2. Personal and financial data collected directly by the Supplier and / or through third parties, the data controller, is collected and processed in printed or digital format, in relation to the method of use, within the limits of and in accordance with the fulfillment of obligations under the Contract, as well as the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required.
3. The Supplier is obligated to treat the data and information provided by the Buyer as confidential and to not disclose such 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.
4. Such data can be produced only at the request of a judicial authority or other authority authorized by law.
5. Personal data will be disclosed only to third parties who carry out activities necessary for the fulfillment of obligations under the Contract and disclosed solely for that purpose.
6. The Buyer may at any time exercise the rights under Art. 7 of Legislative Decree no. 196/2003, namely the right to obtain:
a) an update, rectification or, when interested, an integration of data; b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification that the operations in letters a) and b) have been acknowledged, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement proves impossible or demonstrably disproportionate to the protected right. The Buyer has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data, pertinent for collection purposes, for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
7. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, the Supplier will be unable to properly fulfill the obligations undertaken with the signing of the Contract.
8. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed. The removal of the collected date will be done securely.
9. The owner of the collection and processing of personal data is the Supplier, to which the Buyer may send, to corporate headquarters, every request.
10. Any communications sent to the mailing (including electronic) address of the Supplier (requests, suggestions, ideas, information, materials etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information which is not detrimental to the rights of others. In any case, no liability can be attributed to the Supplier that may result from the content of those messages.
16. METHODS FOR ARCHIVING THE CONTRACT
1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that every order sent is preserved in digital / paper form on a server / at the headquarters of the Supplier, subject to confidentiality and security policies.
17. COMMUNICATIONS AND COMPLAINTS
1. Direct written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Via Mosca 16 - 08015 Macomer (NU), or sent by e-mail to the following address: firstname.lastname@example.org.
2. The Purchaser shall indicate in the request referred to in clause 6.1 module. his place of residence, telephone number or email address to which he wishes to be sent notices from the Supplier.
18. SETTLEMENT OF DISPUTES
1. All disputes arising from this contract shall be resolved by way of mediation with the mediating body of the Chamber of Commerce of Nuoro and resolved according to the Rules of settlement adopted by it.
2. If either Party intends to appeal to the normal judicial authority, the jurisdiction is that of the stated place of residence of the purchaser, mandatory under Article. 33, paragraph 2, point u) of the Consumer Code.
19. APPLICABLE LAW
1. This agreement is governed by Italian law.
2. Whatever is not expressly specified, is subject to the laws applicable to the relationships and circumstances described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
3. Under Article. 60 of the Consumer Code, the regulation expressly referred to here is contained in Part III, Title III, Chapter I of the Consumer Code.
This Agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.