CONDITIONS OF SALE
Identification of the Supplier
The object of these general conditions are the products to be sold by the company Label Srl with headquarters in Cinisello Balsamo, Via Casati n. 4, registered with the Chamber of Commerce of Milan under no. 1063175 Registry of Companies, Tax Code 06065170158, VAT 00814610960
hereinafter referred to as “Supplier”.
1.1. The term “contract of sale on line” means the purchase agreement relating to movable tangible property of the Supplier, signed between them and the purchaser under a sales system remotely via telematics, organized by the Supplier .
1.2. The term “Purchaser” shall mean the natural person who does the consumer purchase, under this agreement, for purposes not related to their commercial or professional activity.
1.3. The term “Supplier” means the person named in the epigraph or the lender for information services.
Subject of the contract
2.1. With this contract, respectively, the Vendor sells and the Purchaser acquires at a distance through telematics means movable tangible property listed and offered for sale on the site www.braaper.com.
2.2. The products referred to above are explained on the website: www.braaper.com.
Mode of securing the contract
3.1. The contract between the Supplier and the Buyer concludes exclusively through the Internet by accessing the Purchaser at www.braaper.com, where, following the procedures indicated, the Buyer formalizes the proposal for ‘ purchase of goods contract for the purchase of goods referred to in paragraph 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase agreement is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by completing the form / form attached to the electronic catalog online at www.braaper. eu and then send the form / module, always after viewing a web page order summary, printable, which shows the details of the originator and the order, the price of goods purchased, shipping costs and any additional expenses, the manner and terms 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 by the Buyer shall send an e-mail confirmation or the display of a webpage confirmation and order summary, printable, which are also reported in the retrieved data previous point.
4.3. The contract is deemed not perfected and effective between the parties at fault than indicated above.
Methods of payment and refund
5.1. Each payment by the Purchaser will be possible only by means of one of the methods indicated in the web page by the Supplier.
5.2. Any refund will be credited to the Purchaser by one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in the case of exercising the right of withdrawal, as governed by. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date on which the Supplier is aware of the termination.
5.3. All communications relating to payments are made on a special line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of encryption security and in accordance with the provisions of current legislation regarding the protection of personal data.
Timing and mode of delivery
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 well, as confirmed in the e-mail referred to in item
6.2. The timing of the costs may vary from the day the order to up to ___ days from the confirmation of the same. In the event that the Supplier is unable to ship within that period but in any event within that indicated in the following point, it will be given prompt notice by e-mail to Buyer.
6.3. The manner, timing and shipping costs are clearly stated and well highlighted in the fact sheets for each product.
7.1. All the selling prices of the products displayed and indicated on the website www.braaper.eu are expressed in euro and an offer to the public pursuant to art. 1336 cc
7.2. The sales prices of the previous point, include VAT and any other taxes. Shipping costs and any costs (eg. Customs clearance), if any, while not included in the purchase price must be indicated and calculated in the process prior to the order by the Buyer and also contained in the web page summary of your order.
7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.
8.1. The Supplier assures through the electronic system used processing and fulfillment without delay. To do so indicates in its electronic catalog, or select days of delivery or the number of products available and those not available, and more and shipping times.
8.2. If an order exceeds the amount present in the warehouse or delivery schedule, the Supplier, by e-mail, it will make known to the Purchaser if the property is not fully booked or what are the waiting time to get well chosen, asking whether it confirms the order or not.
8.3. The computer system of the supplier confirmation in the shortest possible time of the registration of the order by forwarding to you a confirmation by e-mail, according to paragraph 4.2.
Limitation of Liability
9.1. The Provider assumes no liability for disruptions caused by force majeure if unable to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of fraud or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
9.3. The Supplier will not be responsible for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to him, taking the Purchaser shall only be entitled to a refund of the price paid and any additional expenses .
9.4. The Provider assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, payment for the products purchased, if he proves that he took all the precautions possible based on the best science and experience of the moment and according to ordinary diligence.
9.5. In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
Responsibility defect, proof of damage and damages: the obligations of the Supplier
10.1. Under Articles. 114 et seq. of the Consumer Code, the supplier is liable for damage caused by defects of the goods sold if it fails to communicate to Damaged, within three months from the request, the identity and address of the manufacturer or the person who supplied him with the good .
10.2. The above request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; It should also contain the offer in view of the product, if it still exists.
10.3. The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, in a rule of law imperative or binding measure, or if the state of scientific and technical knowledge at the time in which the producer put the product into circulation, not even allowed to consider the defective product.
10.4. No compensation will be payable if the Injured party was aware of the defect in the product and the danger entailed by it and yet there has voluntarily exposed.
10.5. In any case the Damaged must prove the defect, damage, and the causal relationship between defect and damage.
10.6. The Damaged may demand compensation for damage caused by death or personal injury or destruction or damage to property other than the defective product, provided they are of a kind normally intended for private use or consumption, and so mainly used by Damaged.
10.7. Damage to property in art. 123 of the Code of consumption will, however, compensable only to the extent that exceeds the sum of EUR trecentottantasette (€ 387).
Warranties and delivery of care
11.1. The Supplier is liable for any lack of conformity which becomes apparent within two years from delivery.
11.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of goods which the seller presented to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature and typical use of the asset and, where appropriate, public statements on the specific characteristics of the goods made about by the Seller, the manufacturer or his agent or representative, particularly in advertising or labeling; d) they are also suitable for use particularly wanted by the consumer and that it has been made known to the seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
11.3. The Purchaser has no right to the Seller if it denounces the lack of conformity within two months from the date when the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
11.4. In any case, unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance.
11.5. In case of lack of conformity, the Purchaser may ask, either without charge, under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request should be made in writing, via registered mail, to the Supplier, which will indicate their willingness to act on your request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer’s request, will have to indicate the method of delivery or return of the asset as well as the deadline for the return or replacement of defective goods.
11.7. If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair previously made have caused significant inconvenience to ‘ buyer, you can ask, at its option, an appropriate reduction of the price or termination of
contract. Buyer shall in such cases send their request to the Supplier, which will indicate their willingness to act the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer’s request, will have to indicate the price reduction proposal or how to return the defective goods. In such cases it will charge Purchaser indicate how the crediting of amounts previously paid to the Supplier.
Obligations of the Buyer
12.1. Buyer agrees to pay the price of the goods purchased in the time and manner specified in the contract.
12.2. Buyer agrees, once the purchase process online, to handle the press and the conservation of this contract.
12.3. The information contained in this contract are, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before confirmation of purchase.
Right of withdrawal
13.1. The Purchaser has in any case the right to cancel the contract without penalty and without giving any reason, within 14 (fourteen) working days from the day of receipt of the goods purchased.
13.2. In the event that the trader has fulfilled its obligations to provide information on existence, methods and timing of the return or collection of the goods in the event of exercising the right of withdrawal pursuant to Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of goods by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, should notify the Seller by registered mail at Label Srl, Via Casati 4, 20092 Cinisello B. (MI), Italy, or by fax at number 026 172 524 or by e-mail to e-mail firstname.lastname@example.org, provided such communications are confirmed sending by registered mail at Label Srl, Via Casati 4, 20092 Cinisello B. (MI), Italy within 48 (forty eight) hours. It shall prevail between the parties on the stamp from the post office receipt issued. For the purpose of exercising the right of withdrawal sending the notice may validly be replaced by returning the purchased, provided that the same terms. It will prevail between the Parties of the date of delivery to the post office or the delivery.
13.4. The return of the property will still take place no later than 30 (thirty) days of receipt of the asset. In any case, for there to be entitled to full reimbursement of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.5. The Purchaser may not exercise this right of withdrawal for the purchase of audiovisual products or sealed software which have been opened by the same, as well as goods made to specifications or clearly personalized or which by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is dependent on fluctuations in the financial market that the trader is able to control and in any other case provided by art. 55 of the Consumer Code.
13.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to the Supplier, unless the Supplier do not agree to accollarsele.
13.7. The Supplier shall free to reimburse the entire amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.8. With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the Parties to this agreement are dissolved by mutual obligations, except as provided in paragraphs of this article.
Causes of resolution
14.1. The bonds referred to in 12.1, assumed by the Purchaser, and the guarantee of successful payment the Buyer using the means of point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6, They are essential, so that, by express agreement, the failure of even one of these obligations, if not caused by accident or force majeure, will result in the termination of the contract pursuant to Art. 1456 cc, without any judicial decision.
Protection of confidentiality and data processing Buyer
15.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 196.
15.2. Personal data collected directly and / or through third parties by the Supplier Label Srl, the data controller, are collected and processed in printed, computing, telematics, in relation to treatment modalities with the purpose of registering the order and activate provide him with the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any obligation of the law, and to enable effective management of business relationships to the extent necessary to perform the best service required (Article . 24, paragraph 1, lett. b, Legislative Decree no. 196/2003).
15.3. The Supplier undertakes to treat as confidential data and information submitted by the Purchaser and not to disclose to unauthorized persons, nor to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of the court or other authority authorized by law.
15.4. Personal information will be disclosed after signing of a commitment to confidentiality of the same, only to delegates to carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5. The Purchaser has the rights under Article. 7 of Leg. 196/2003, and that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
c) confirmation that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disseminated, unless this requirement impossible or involves the use of means clearly disproportionate to the protected right. The party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes; ii) the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can be given with a request by the Buyer.
15.7. In any case, the data collected will be kept for a period of time no longer than necessary for the purposes for which it was collected and subsequently processed. Their removal will still safely.
15.8. Owner of the collection and processing of personal data is the Supplier, which the Purchaser may direct, at the corporate headquarters, every request.
15.9. Any communications sent to the email (including electronic) of the Centre (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, not violate the rights of others and true, in any case can not be attributed to the Centre any responsibility on the content of the messages themselves.
Storage mode of contract
16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier according to the criteria of confidentiality and security.
Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Label Srl, Via Casati 4, 20092 Cinisello B. (MI), Italy or sent by e-mail at email@example.com. The Purchaser means the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Milan and resolved according to the Conciliation Rules adopted by it.
18.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of the place of residence or domicile of choice of the consumer, mandatory under Article. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
18.3. Online dispute resolution for EU consumers. The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).http://ec.europa.eu/consumers/odr/
The Owner is available for any questions via the email address posted under the Owner’s information in this document.
Applicable law and court
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided, apply the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
19.3. Under Article. 60 of Legislative Decree no. 206/2005, which is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.