TABLE OF CONTENTS
ART. 1 - FOREWORD AND DEFINITIONS
ART. 2 - SUBJECT MATTER OF THE CONTRACT
ART. 3 - REGISTRATION ON THE PLATFORM
ART. 4 - PRE-CONTRACTUAL INFORMATION
ART. 5 - PRICES
ART. 6 - AVAILABILITY OF PRODUCTS
ART. 7 - CONCLUSION OF THE CONTRACT
ART. 8 - PREMIUM CUSTOMER
ART. 9 – PAYMENT METHODS AND RIGHT TO REIMBURSEMENT
ART. 10 – SHIPPING METHODS AND TERMS OF DELIVERY
ART. 11 - PURCHASER'S OBLIGATIONS UPON DELIVERY
ART. 12 - WARRANTIES AND ASSISTANCE
ART. 13 - RIGHT TO CANCEL
ART. 14 - DATA SECURITY AND CONFIDENTIALITY
ART. 15 - LIMITATIONS OF RESPONSIBILITY
ART. 16 - SELLER'S RESPONSIBILITY FOR DEFECTIVE PRODUCTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES
ART. 17 - TREATMENT OF THE PURCHASER'S DATA
ART. 18 - COMMUNICATIONS AND COMPLAINTS
ART. 19 - TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
ART. 20 - ONLINE DISPUTE RESOLUTION
ART. 21 - APPLICABLE LAW AND COMPETENT COURT
ART. 1 FOREWORD AND DEFINITIONS
1) For the purposes of this contract, the following definitions are used:
- "Visitor" means an individual who, browsing the web, lands on the website "www.nuturally.com/en", that is the exclusive property of the Seller EURO COMPANY S.P.A. S.B., Cap. Soc. € 3,000,000.00 i.v. - Codice Fiscale e Iscr. Reg. Impr. 00444060396 P.IVA 00444060396 R.E.A. RA n.91682/96 - Cod. Ident. C.E.E. 00444060396 -NMECC RA 005362, whose registered office is located at 280/286 via Faentina - Godo, Russi (Ravenna), Italy. In addition to the possibility of viewing the goods offered by the Seller, the Visitor may purchase them, thus becoming a "Purchaser";
- "Purchaser" means an individual, whether Professional or Consumer, who has purchased the products offered by the Seller through its e-commerce platform www.nuturally.com/en, according to the information and terms expressed in this contract and in the descriptive sheet available on the aforementioned website, to be understood as an integral part of the contract itself. For the purposes of these general terms and conditions of sale, whenever it is not necessary to highlight the distinction between the two categories of contracting parties (Professional and Consumer), in compliance with the regulations in force for the protection of consumer rights, Professionals and Consumers shall be, indistinctly, qualified as Purchasers.
- "Seller" means the entity (legal person) that sponsors and sells products through its e-commerce platform www.nuturally.com/en;
- "Product" means the good or service being purchased;
- "Distance contract" means a contract concluded between the Seller and the Customer without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, by virtue of these general conditions of sale.
- "Site" means the website www.nuturally.com/en, that is the exclusive property of the Seller EURO COMPANY S.P.A. S.B., who also owns the rights to the domain name nuturally.com.
2) Prior to the online purchase of the product (with the contextual and consequent obligation to pay in full) the Purchaser is required to express, in a point-and-click manner, their consent to these general conditions of sale, which are thus acknowledged and approved pursuant to articles 1341 and 1342 of the Italian Civil Code, together with the provisions regulating the procedures for registration, access, navigation and use of the website www.nuturally.com/en, by ticking the box "I accept the terms of service and will adhere to them unconditionally";
3) the Purchaser expressly authorises Euro Company S.P.A. S.B. to use their e-mail address in relation to the activities inherent to the contract and to send them information concerning the products offered by the Seller;
4) These general terms and conditions of sale are adapted to the amendments made to the Consumer Code by the Italian Legislative Decree no. 21 of February 2014, valid for contracts concluded from June 13th 2014, and govern the commercial relationships arising by virtue of any means of distance communication, between Euro Company S.P.A. S.B. ("Euro Company") and Visitors and Purchasers;
5) These general terms and conditions of sale may be modified and/or updated at any time by Euro Company S.P.A. S.B., who shall communicate it via the normal communication channels displayed on the website. It is in any case the Purchaser's responsibility to check the updated version of these general conditions from the relevant section of the Site. The general conditions of sale in force at the time the Order was placed shall apply.
6) These general terms and conditions of sale do not govern the sale of products and/or the supply of services other than the Products that may be indicated on the Site by means of links, banners or other hyperlinks.
7) The Seller invites Visitors and Purchasers to carefully read and diligently keep these general terms and conditions of sale and the Policies published on the Site. These documents are freely downloadable by Visitors and published by the Seller in compliance with the methods that make it possible to store and keep them in compliance with the law.
The aforementioned foreword is an integral part of the present general terms and conditions of sale.
ART. 2 SUBJECT MATTER OF THE CONTRACT
2.1. The subject matter of this distance contract is the supply, by Euro Company S.P.A. S.B., of the products advertised on its e-commerce website, that can be reached at the URL: http://www.nuturally.com/en, operating through a B2C (Business to Consumer) sale channel. After the products have been purchased and once the price has been paid, the Purchaser will physically receive the products at the physical address indicated when they made the purchase of the selected products.
ART. 3 REGISTRATION ON THE PLATFORM
3.1. In order to make the purchase of the selected products through the platform, the Visitor may choose whether to register to it for free by providing their personal data, such as name and surname, address, e-mail address, mobile phone number.
3.2. The platform will issue authentication credentials ("Identification Codes"), represented by a User ID (in the form of an e-mail address/nickname) and a Password (in the form of an alphanumeric code), which allow access to the Users' Reserved Area (login). By entering their data on the platform and sending the registration request, the Visitor declares to have read and understood the privacy notice provided by the platform operator and to agree to the processing of personal data as indicated in such notice.
3.3. It is forbidden to all users under the age of 18 years to register on the platform.
3.4. Each Visitor is allowed a single registration on the Site. It is expressly prohibited for the same Visitor to have more than one registration. Likewise, actions that aim to circumvent this rule, such as registering more than one time using the personal data belonging to other natural or legal persons, are not permitted. The platform operator reserves the right to verify the veracity of the data entered by the Visitor and, if irregularities are detected, has the right to suspend and/or deactivate accounts or advertisements that are in any way connected to other accounts.
3.5. Any information provided by the Visitor through registration and during the use of the Service must be true and accurate. For the purpose hereof, the Visitor shall guarantee the authenticity and truthfulness of all data entered in the forms in order to register and subscribe to the Services provided by the platform. Likewise, it is the responsibility of the registered Visitor to keep their contact information up-to-date and truthful. In all cases, the registered Visitor shall be solely responsible for any information entered in the platform, even if such information prejudices the Platform Operator or third parties.
3.6. Usernames and passwords required to access one's own account on the Site are personal and non-transferable and it is forbidden to disclose one's credentials to third parties. The registered Visitor is responsible for the use of their password, which must comply with the security terms provided by the platform. If the registered visitor knows or suspects that their password has been hacked or disclosed to a third party, it is their responsibility to change it by filling in the appropriate form. Accordingly, the registered Visitor is always and, in any case, responsible for the activity carried out through the use or abuse of the Identification Codes attributable to them. The Seller may legitimately hold the Visitor bound to all manifestations of will and/or consent expressed within the Site, unless the same are clearly vitiated by an error of fact (e.g., abnormal order).
3.7. The Visitor must respect the laws and the rights of third parties when using the contents and services of the Site; they acknowledge that the Trademarks and Distinctive Marks, contents, information, programmes, layouts, texts, images, photographs (including, in particular, those of the Products), videos and databases used by the Seller, as well as every and any technical, conceptual and creative solution contained in and/or adopted by the Seller on the Site are covered by patent or are in any case the exclusive property of Euro Company S.P.A. S.B. Furthermore, the Visitor is prohibited from transmitting, adapting or modifying the contents (texts, drawings, audio/graphic files, information, data, archives and/or images, logos, programmes, layouts, technical, conceptual and creative solutions adopted by the Seller, etc.) and other elements of the platform, except as otherwise specified in writing by the platform operator or in the cases foreseen by law.
3.8. The User is responsible for the unlawful use of data. By virtue of this clause, any action that does not comply with the present General Terms and Conditions of Sale and/or is performed for a purpose other than that set forth in this contract is prohibited. Should it be deemed essential, the platform operator reserves the right to deny access, at any time and without prior notice, to the Users who breaches the Conditions published on the site or the regulations in force.
3.9. The User undertakes:
- (i) not to use the Site for purposes that are illegal, unlawful or contrary to public order, decency, and morality;
- (ii) not to use the Site to transmit or distribute material that is in any way abusive - compared to the purposes pursued by Euro Company - or unlawful, illicit, pornographic, racist and/or obscene , vulgar, and defamatory;
- (iii) not to infect the network or the computer system that enables navigation of the Site by means of viruses, malware or other harmful programs that may interfere with, damage, intercept and delete goods and/or personal data or information, nor to use any kind of peer-to-peer programs or programs with similar purposes;
- (vi) not to take any actions that place an unreasonable burden or excessive load on the Site's system.
ART. 4 PRE-CONTRACTUAL INFORMATION
4.1. The Purchaser declares having read all the information contained in the "Product Sheet" before the online purchase of the product. The "Product Sheet" is accessible on the website and it highlights the main characteristics of the product itself, the geographical address and the identity of the Seller, the price, as well as the payment methods.
ART. 5 PRICES
5.1. All the products’ sales prices are displayed on the website www.nuturally.com/en, are expressed in euros and constitute an offer to the public, pursuant to Article 1336 of the Italian Civil Code.
5.2. The sales prices referred to in the previous paragraphs are inclusive of VAT and any other taxes, unless otherwise stated. The shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is submitted by the Purchaser and contained in the order summary page, as well as in the email with order summary sent following the conclusion of the purchase procedure referred to in Article 7 below.
5.3. Any promotional offers are specifically highlighted and marked within the website by the words "promotional offer", "product on promotion", "discount", "offer", "promotion" or by equivalent designations.
ART. 6 AVAILABILITY OF PRODUCTS
6.1. The Seller displays in real time the products available and those not available in their electronic catalogue at www.nuturally.com/en.
6.2. If an order exceeds the quantity available, the Seller shall notify the Purchaser, by email or telephone, of the fact that the good is no longer bookable or of the waiting time to obtain the chosen product, while asking them whether they intend to confirm the order or not.
ART. 7 CONCLUSION OF THE CONTRACT
7.1. Pursuant to and for the purposes of Article 1326 of the Italian Civil Code, this distance contract is concluded at the moment when Euro Company S.P.A. S.B. has knowledge of the Purchaser's will to proceed with the purchase of the chosen products, manifested through the submission of the purchase form that the Purchaser has filled in after having added the selected products to the electronic cart. Within the meaning of the law, the submission of the form will be deemed as a consent to receive the communications from the Seller that are described below and are aimed exclusively at the conclusion and execution of the contract.
7.2. The Visitor may place an order by following the steps below:
a) consulting the online catalogue in order to check the characteristics of the Product as described in the relevant product sheet. The Visitor may access the product sheet by clicking on the Product’s image;
- (b) selecting the individual Product and the wished quantity;
- (c) continuing the purchase session with the addition of more Products to the cart, by clicking the "Add Now" button
- (d) completing the selection of Products and starting the procedure to complete the purchase, by clicking the "Checkout" button
- (e) before completing the Order, the Visitor is invited to enter their own Data by choosing one of the following alternative options:
- * Accessing their account, if the Visitor is already registered,
- ** Visitor registration by filling in the registration form, thus creating a User profile,
- ***Creating the User profile necessary to complete the Order, including the data for invoicing and shipment of the supply;
- (f) Once the User profile is created, the Visitor may complete the purchase by choosing a payment method and following the required instructions and steps;
- (g) Before submitting the order, the system shall automatically invite the Purchaser to check the content of the shopping cart, by displaying the order summary in detail, including the price of the selected goods, the shipping costs, and any additional charges, as well as the terms and conditions of payment, the address where the goods will be delivered, and the delivery times.
- (h) Submitting the order confirmation by clicking the "Place Order” button, in compliance with the instructions and subject to acceptance of the general terms and conditions of sale (failure to accept the general terms and conditions of sale shall make it impossible to complete and submit the Order)
- (i) Reception of a confirmation email with the Order summary containing all the data referred to in paragraph (g) above.
7.3. The Contract shall be deemed to be concluded in the location where Euro Company S.P.A. S.B. has its registered office.
7.4. The Order shall be stored in the Seller's database for the time necessary to process it and, in any case, within the terms of the law. The User can access their Order only if they are registered.
7.5. Account holders have the right to cancel the Order submitted to the Seller in compliance with the procedures provided for by the Site by midnight of the working day following the reception of the Order confirmation. The Order shall be deemed to have been cancelled upon reception of the confirmation from the Seller.
7.6. The Seller reserves the right to refuse Orders - returning any amounts paid by the Users - (a) placed by subjects that have violated legal provisions, these general terms and conditions of sale and other instructions published on the Site, (b) that are abnormal with respect to the quantity of the Products purchased or the frequency of the same (c) that have clearly been elicited, affected and/or vitiated by an error and/or any technical-computer bug of the e-commerce platform, the Site and any other computer system that interacts directly and/or indirectly with the Site and the e-commerce platform used by the Seller.
ART. 8 PREMIUM CUSTOMER
8.1. The Purchasers who are holding an account on the website www.nuturally.com/en and place at least 8 orders amounting to not less than €40.00 each in 12 months (starting from their first order) or orders for a total amount of not less than €400.00 in 12 months (starting from their first order) automatically become "Premium Customers" and are entitled to a 10% discount on all orders, which will be calculated automatically at the time of payment.
8.2. The Premium Customer status will be valid for one year: if in this time span the Purchaser places at least 8 orders amounting to not less than €40.00 each or orders for a total amount of not less than €400, their status as a Premium Customer will be maintained; otherwise, they will lose their benefits.
8.3. The Purchaser can check their status directly from their personal account on the Nuturally.com/en website by clicking on "Premium Customer".
8.4. The Purchaser may also use other discount codes in addition to the 10% discount they are entitled to as a Premium Customer.
8.5. The "Premium Customer" discount is not valid on products that are already on promotion.
ART. 9 PAYMENT METHODS AND RIGHT TO REIMBURSEMENT
9.1. Payment by the Purchaser can only be made by means of one of the methods indicated in the purchase procedure by the Seller and, specifically:
- A) Payment by credit card: the credit cards accepted by Euro Company are specified in the payment page;
- B) Payment by Giropay;
- C) Payment by PayPal;
9.2. Any liability in relation to the correct debit of payments made by means of the payment methods referred to in subparagraphs A), B), C) above and the processing of the related data shall be solely attributable to the financial intermediaries and/or the institutions issuing or otherwise managing the service (e.g. PayPal or Giropay).
9.3. In order to guarantee payment security on the Site and prevent possible frauds, the Seller reserves the right to ask the customer for additional information (e.g., a landline telephone number or a front/back copy of a valid identity document via e-mail or fax). Such request, sent via email, will contain the deadline by which the document must be received by the Seller. In case of a request for additional information, the Customer shall be obliged to send the requested documents by the indicated deadline. If the Seller does not receive such documents within the specified term, or receives expired or invalid documents, the contract shall be deemed to be terminated, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, and the order shall be consequently cancelled, without prejudice to the Seller's right to compensation for any damage they may have incurred as a result of the customer's non-compliant behaviour. If the Seller receives the requested documents within the specified term, the delivery times shall be calculated as of the date of reception of the documents.
9.4. If the Purchaser requests a reimbursement pursuant to Articles 12 and 13 below, this will be credited using the same payment method chosen by the Purchaser when placing the order.
9.5. If the Purchaser exercises their right to cancel, the Seller shall refund the purchase price exclusive of the shipping fees - which, if any, shall amount to 6.00 € - only after having received the returned goods and examined their condition. The shipping fees for returning the goods shall be charged to the Purchaser.
ART. 10 SHIPPING METHODS AND TERMS OF DELIVERY
10.1. The Seller shall ship the ordered products according to the delivery method chosen by the Purchaser and to the address indicated by the same.
10.2. The Seller shall ship only upon receipt of payment of the Price and Charges and shall inform the Purchaser of the shipping of the products, which is made directly or via a carrier selected by the Seller.
10.3. Delivery times may vary from the day after the order is placed to a maximum of 30 (thirty) days after the order confirmation, as provided for by the regulations in force. Without prejudice to Consumer Rights, the Parties agree that the terms of Delivery indicated on the Site shall not be of the essence for the purposes of performing the Contract and should be considered as purely indicative. If, for any reason whatsoever, the Seller fails to deliver within this term, they shall promptly inform the Purchaser via e-mail at the address provided by the Purchaser during the purchase procedure.
10.4. The Seller shall fulfil their obligations through the delivery of the products referred to in the order. The delivery is supplied by the courier service that the Seller uses from time to time, according to the shipping methods chosen by the Purchaser as indicated in the Shipping and Delivery page.
10.5. If Delivery to the address indicated by the Purchaser fails due to unavailability of the Purchaser or unjustified refusal to accept the Products, Euro Company S.P.A. S.B. reserves the right to charge the Purchaser for return costs, which shall be deducted from the reimbursement owed to the User.
ART. 11 PURCHASER'S OBLIGATIONS UPON DELIVERY
11.1. Upon delivery of the ordered products, the Purchaser is required to check that:
- a) the number of the delivered packages corresponds to the number indicated in the transport document attached to the goods shipped;
- b) the packaging is intact and not altered, even in any closing tapes.
11.2. If the delivered goods show any damage presumably caused during transport, the Purchaser may refuse the delivery and immediately notify the Seller, who shall file a complaint to the shipping company and shall arrange for a new shipment to be made once the relevant goods have been returned. If the customer decides to accept the goods upon delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard their rights, they must make a complaint to the carrier about the unsuitability of the packaging, with the mention "ACCEPTED WITH RESERVATION BECAUSE OF ..." (insert the reason for the acceptance with reservation) on the transport document, a copy of which must be retained.
ART. 12 WARRANTIES AND ASSISTANCE
12.1. If the Purchaser has received the wrong product or a damaged product, they are required to report any such defects and non-conformities within and no later than 2 (two) months of discovery if they are a Consumer (if they are not a Consumer, within and no later than eight days of discovery) - unless the Products are perishable by their nature or subject to expiry in a shorter term, in which case the defect must be reported within this shorter term.
12.2. Upon detecting the defect, the Purchaser must notify Euro Company S.P.A. S.B. via e-mail at email@example.com with, by indicating the defect and/or non-conformity found and sending some photographs showing the Product's alleged defect and/or fault, as well as the order confirmation sent by the Seller and/or the order receipt.
12.3. Upon reception of the form and the relevant documents, Euro Company S.P.A. S.B. assesses the defects and non-conformities reported by the Customer and decides whether to authorise the return of the Products by sending feedback via e-mail at the address provided during the registration on the Site or when submitting the order.
12.4. The authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defects or non-conformities, the existence of which must be ascertained after the return. To this end, the Customer is therefore required not to handle the goods beyond what is strictly necessary to determine their nature, characteristics, and functioning and to wrap the original packaging of the Products in an additional protective packaging in order to keep them intact, protect them during transport, also from writing or labels.
12.5. The Products whose return has been authorised by the Seller must be returned by the Customer, together with a copy of the return authorisation notice, within 14 (fourteen) days of reporting the defect or non-conformity to the following address: Euro Company S.P.A. S.B., 280/286 via Faentina - 48026 Godo, Russi (Ravenna), Italy
12.6. Any reimbursement of the price paid and of the relevant shipping costs shall be made, where possible, by the same payment method used by the Customer when purchasing the Product. Otherwise, the Customer shall be required to provide their bank account Iban code, so that the Seller can process the relevant refund by wire transfer.
ART. 13 RIGHT TO CANCEL
13.1. The Purchaser has the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Purchaser, or a third party other than the carrier and indicated by the Purchaser, acquires physical possession of the last good. To exercise the right to cancel, the Purchaser must inform Euro Company S.p.A. Società Benefit, with legal seat in Godo di Russi (RA), Via Faentina 280-286 (phone: +39 0544 416711; fax: +39 0544 414230; email: firstname.lastname@example.org; pec: email@example.com) of their decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax or e-mail). The Purchaser may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for the Purchaser to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
13.2. Effects of cancellation
If the Purchaser cancels this contract, we will reimburse them all payments received from them, including the costs of delivery (except for the supplementary costs arising if the Purchaser choses a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of the Purchaser’s decision to withdraw from this contract. We will make the reimbursement using the same means of payment that the Purchaser used for the initial transaction, unless they have expressly agreed otherwise; in any event, the Purchaser will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or the Purchaser has supplied evidence of having sent back the goods, whichever is the earliest. The Purchaser shall send back the goods or hand them over to Euro Company S.p.A. Società Benefit, with legal seat in Godo di Russi (RA), Via Faentina 280-286, without undue delay and in any event not later than 14 days from the day on which the Purchaser communicates their cancellation from this contract to us. The deadline is met if the Purchaser sends back the goods before the period of 14 days has expired. The Purchaser will have to bear the direct cost of returning the goods. The Purchaser is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
13.3. Exceptions to the right to cancel
The right to cancel shall not apply to the following contract types:
- contracts for the supply of goods that can quickly spoil or whose expiry date would be quickly exceeded;
- contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- contracts for the supply of goods if these have been inseparably mixed with other goods after delivery due to their nature.
13.4. ANNEX – Cancellation form
(The Purchaser shall fill out and return the following cancellation form only if they wish to withdraw from the contract)
- Recipient [name, address and e-mail address]
- I/we hereby notify ______ of the cancellation of my/our ______ purchase contract for the following goods ______.
- Ordered on ________ / Delivered on ________
- Name of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only if this form is sent in paper form)
ART. 14 DATA SECURITY AND CONFIDENTIALITY
14.1. The Purchaser guarantees that they legitimately hold all the information entered on the website www.nuturally.com/en for the purposes of purchasing the selected products, also ensuring that the same do not, under no circumstances, infringe the rights of third parties directly or indirectly.
14.2. Therefore, the Purchaser undertakes not to enter data that they cannot freely use. The Purchaser is also forbidden from entering false and/or fictitious data in the registration process and in further subsequent communications relevant to the execution of the contract.
14.3. To this end, the Purchaser relieves the Seller: from any liability arising from the issue of incorrect tax documents, since the Purchaser is solely responsible for their input; from any burden of proof and/or duty of direct and indirect investigation in this respect.
14.4. In case the Seller ascertains autonomously or upon report by third parties that the data provided is false, the Seller reserves the right to suspend or terminate the Purchaser's registration.
ART. 15 LIMITATIONS OF RESPONSIBILITY
15.1. The Seller shall not be responsible for any disservices due to force majeure or fortuitous circumstances.
15.2. Except in the case of willful misconduct or gross negligence, The Seller shall in no circumstances be responsible towards the Purchaser for any damage arising out of or connected with the use or inability to use the Site, with the material or links posted on the Site, or with the actions or omissions of the Visitors and Purchasers, regardless of the reasons on which such action is based.
15.3. The Seller shall then not be responsible for any damages, losses, and costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to the Seller.
15.4. The Seller shall not be responsible for any fraudulent and illicit use that third parties may make of credit cards, cheques and other payment methods used for the payment of the purchased products, provided they prove to have taken all possible precautions based on the best science and experience of the moment and on the ordinary diligence required.
ART. 16 SELLER'S RESPONSIBILITY FOR DEFECTIVE PRODUCTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES
16.1. The Seller shall not be held responsible for the consequences of a defective product if the defect is due to the product's compliance with mandatory regulations or binding legal measures, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation was not such as to enable the discovery of a defect.
16.2. No compensation will be owed where the damaged party is aware of the product's defect and of the dangers deriving from it and nevertheless deliberately exposed to it.
16.3. Likewise, defects arising from an improper use of the product, a use which is non-compliant with its intended purpose and/or a use of the product other than that advertised or recommended by the Seller on the Site are not attributable to the responsibility of the Seller.
16.4. In any case, the damaged party must prove the defect, the damage, and the causal relationship between the defect and the damage.
ART. 17 TREATMENT OF THE PURCHASER'S DATA
17.1. The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the relevant legislation set forth in Regulation (EU) 2016/679 (GDPR) with respect to the processing of personal data and to their free movement, and in Legislative Decree 196/2003 (Italy) and subsequent amendments and additions (Code on the processing of personal data).
ART. 18 COMMUNICATIONS AND COMPLAINTS
18.1. When registering on the Site or placing an order, the Purchaser must indicate their residence or domicile address, telephone number, and the e-mail address they want the Seller's communications to be sent to.
18.2. Written communications addressed to the Seller and any complaints may be sent via ordinary mail to the following address: 280/286 via Faentina - 48026 Godo, Russi (Ravenna), Italy or via e-mail at : firstname.lastname@example.org.
ART. 19 TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
19.1. The Seller shall have the right to terminate the contract simply by communicating it to the Purchaser, stating their reasons. In this case, the Purchaser shall only be entitled to the refund of any sums already paid.
19.2. All the obligations previously assumed by the Purchaser, as well as the guarantee of successful payment that they have made, are essential and relevant, so that, by express agreement, non-fulfilment of even one of the afore-mentioned Purchaser’s obligations shall result in the legal termination of the contract, pursuant to art. 1456 of the Italian Civil Code, without the need for a court ruling, without prejudice to the right of the Seller to take legal action for compensation for further damage.
ART. 20 ONLINE DISPUTE RESOLUTION
20.1. Pursuant to and for the purposes of Article 14 of Regulation (EU) No. 524/2013, Consumers residing within the European Union are hereby informed that they can settle disputes relating to this contract and to the online services offered by this website by resorting to the Online Dispute Resolution (ODR) procedure provided for by the European Commission, which can be reached at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the provisions of the aforementioned regulations, we indicate hereby that the Seller's ordinary e-mail address is email@example.com.
ART. 21 APPLICABLE LAW AND COMPETENT COURT
21.1. These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, without prejudice to the right of the Purchaser to benefit from any different prevailing mandatory regulations provided by their own country's laws.
21.2. For any dispute arising from the application, execution and interpretation of these General Sales Terms and Conditions, the Court of Ravenna shall have exclusive jurisdiction, if the Purchaser has made the purchase for purposes related to entrepreneurial, commercial, professional or artisan activities.
21.3. For any dispute between the Purchaser and the Seller, the Court in whose district the Purchaser has their residence or domicile shall be the competent jurisdiction.
21.4. With respect to any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, Customers residing in a member state of the European Union other than Italy may, in addition, have access to the European small claims procedure, pursuant to Regulation (EC) No. 861/2007 of the Council of July 11th, 2007, provided that the dispute does not exceed a value of EUR 5,000.00, disregarding all interests, expenses and disbursements. The text of the regulation can be found at www.eur-lex.europa.eu.