These general conditions have, as their object, the purchase of products remotely made by means of a telematic network through the website www.viarafi1.it owned by the company Qualitalia Puglia srl – Via Raffaele Iozzino, 10 – 72020 Cellino San Marco (Br) Italy
The purchase operations will be governed by the provisions of Legislative Decree 206/05, while the protection of confidentiality (privacy) will be subjected to the discipline of Legislative Decree 196/03. These general conditions are valid from 01/01/2012. They may be updated or modified by Qualitalia Puglia srl at any time, without any notice, and will be valid from the publication date on the website www.viarafi1.it. The consumer undertakes, whenever there is a variation in these general conditions, to read them and to provide for their printing and storage, if necessary.
By on-line sale contract we mean the contract stipulated between a supplier, Qualitalia Puglia srl – Via Raffaele Iozzino, 10 – 72020 Cellino San Marco (Br) Italy, and a consumer customer, in the context of a sale system at distance organized by the supplier, i.e. the legal transaction concerning movable goods and/or services, that, for this contract, exclusively uses distance communication technology called the Internet.
By consumer we mean the natural person purchasing goods and services for purposes not directly related to any professional activity carried out.
Art. 1: ACCEPTANCE OF THE TERMS OF SALE
• 1.1 The conditions set out in the introduction are an integral and essential part of this contract.
• 1.2 All contracts will directly be concluded through access by the Customer (Company and individuals) to the website corresponding to the address www.viarafi1.it. At this point, the Customer will be able to conclude the contract for the purchase of the desired products by carefully following the instructions and procedures provided.
• 1.3 These general conditions of sale must be examined online by the customer, before completing the purchase procedure. Therefore, the forwarding of the order confirmation implies full knowledge of the same and their full acceptance.
• 1.4 The customer, by electronically sending the confirmation of his/her purchase order, unconditionally accepts and undertakes to observe, in his/her relations with Qualitalia Puglia srl, the general and payment conditions illustrated below, declaring to have looked over them and accepting all the information provided pursuant to the aforementioned rules, also taking note that Qualitalia Puglia srl is not bound by different conditions unless previously agreed in writing.
Art. 2: SALE PRICES AND PURCHASE METHODS
• 2.1 All sale prices of the products displayed and indicated on the website www.viarafi1.it constitute the offer to the public pursuant to art. 1336 c. c., and are inclusive of both I.V.A.(V.A.T.) and any other setting.
• 2.2 The total cost of shipping to the customer’s home is charged to the customer, unless otherwise specified, and will be made known to the customer before confirming the purchase.
• 2.3 The purchase contract is concluded through the completion of the purchase and the consent to the purchase itself which is expressed through the agreement given online after registering.
• 2.4 The customer can pay for the ordered goods using the payment methods indicated online at the purchase time.
• 2.5 The prices of the different types of transport refer to the weight, dimensions and delivery destination.
Art. 3: METHOD OF DELIVERY
3.1 Qualitalia Puglia srl will deliver the products selected and ordered in the manner provided for in the previous article, to customers at the address by them indicated, by couriers.
3.2 The purchased goods will be delivered within the terms established by art. 6 Legislative Decree 206/05. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances. In detail: check the availability of stock, Qualitalia Puglia srl will immediately execute the order, at the address indicated on the form. For some products it may take a few extra days for quality. The normal delivery times on the Italian territory, once the shipment has taken place, foresee the forwarding the goods within 24 hours (weekends and holidays are not to be considered). In special cases, and if the client lives in the islands or in a peripheral area, delivery times may last up to 72/96 hours. For abroad, delivery times vary according to the destination area, starting from a minimum of 3/5 working days from the time of shipment.
3.3 The customer is required to verify, on receiving the goods, the conformity of the product delivered with the order placed; only after this verification the customer must sign the delivery documents, obviously except for the withdrawal right provided for in point n. 8.
• 3.4 On delivering the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence to what is indicated in the accompanying document. In case of any discrepancy, it must be reported on the accompanying document and confirmed to Qualitalia Puglia srl by return registered letter within seven days. Even if the packaging is intact, the goods must be checked within seven days from receipt. Any hidden anomalies must be reported in writing by fax or return registered letter. Any report beyond the above-mentioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
• 3.5 Home delivery will take place every working day on the ground floor at office hours from 8.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 6.00 p.m., from Monday to Friday unless otherwise settled in writing between the parties.
• 3.6 The customer is obliged to make him/herself available at the times described in point 3.5, in order to avoid any additional charges for non-deliveries by the express courier, charges that will affect the customer him/herself.
• 3.7 Qualitalia Puglia srl is not responsible for any damage caused by the carrier to the purchased products.
Art. 4: PRODUCT AVAILABILITY
• 4.1 The customer can only purchase the products currently present in the electronic catalogue of Qualitalia Puglia srl visible online at www.viarafi1.it. Should an online order exceed the quantity available for a given item, Qualitalia Puglia srl will accept the purchase limited to what is actually available in its virtual warehouse. The Qualitalia Puglia srl Customer Service will take the responsibility to inform the customer (via phone or e-mail) whether the products ordered will be available in the near future.
Art. 5: LIABILITY
• 5.1 Qualitalia Puglia srl assumes no responsibility for inefficiencies due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that could prevent, in whole or in part, from carrying out within the time agreed in the contract.
5.2 • Qualitalia Puglia srl will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the above-mentioned reasons, as the consumer is only entitled to a refund of the price already paid.
• 5.3 Qualitalia Puglia srl is not responsible for any fraudulent or illegal use of credit cards, checks and other means of payment, upon payment of the purchased products, made by third parties. Qualitalia Puglia srl at no time, during the purchase procedure, is able to know the buyer’s credit card number which, through a secure connection, is directly transmitted to the banking service manager.
Art. 6: GUARANTEES AND METHOD OF ASSISTANCE
The quality of our products is positioned at the top of the respective categories and the storage and shipping methods have been designed to ensure their conservation over time, the product may slightly differ from the one in the photo on the site.
• 6.1 Qualitalia Puglia srl, the sole supplier for the website www.viarafi1.it, markets and produces high quality products.
Art. 7: BUYER’S OBLIGATIONS
• 7.1 The consumer undertakes and accepts, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. , as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in art. 3 and 4 of Legislative Decree 206/05.
• 7.2 These general conditions can be updated or modified at any time by Qualitalia Puglia srl that will communicate it through its website. The consumer undertakes and accepts, whenever there is a modification to these general conditions, to provide for their printing and storage.
• 7.3 The purchaser is strictly forbidden to enter false and/or invented and/or fictional data in the registration process necessary to activate the procedure for the execution of this contract and the connected further communications. ; the personal data and the e-mail address must exclusively be his/her real personal data and not third parties’ ones, or fancy data.
• 7.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter third parties’ data. Qualitalia Puglia srl reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
• 7.5 The Customer releases Qualitalia Puglia srl from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, as the Customer him/herself is merely responsible for the correct insertion.
Art. 8: WITHDRAWAL RIGHT
8.1 The customer can exercise the right of withdrawal, returning the goods received and obtaining a refund of the price paid.
• 8.2 The consumer who, for any reason, is not satisfied with the purchase, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of reception of the purchased goods.
• 8.3 All costs of returning the products are borne by Qualitalia Puglia srl. The customer will deliver them to the seller’s domicile only through our trusted courier; all items must be sent back in the same conditions they were received, with their original packaging; it is not allowed to return the goods in any other way.
8.4 In order to exercise the withdrawal right within the period indicated above, the customer must send a return registered letter to the following address: Qualitalia Puglia srl – Via Raffaele Iozzino, 10 – 72020 Cellino San Marco (Br) Italy or fill in the form in the contact section. Within the same term, it is possible to send a telegram which must be followed by the above-mentioned return registered letter within 48 hours confirming the withdrawal itself. We will therefore reimburse the amounts paid by the Customer as soon as possible and, in any case, within 30 days from the date of receipt of the aforementioned communication. The right of withdrawal is carried out only for goods that, on returning, prove to be intact and cannot be exercised for products which, either cannot be returned due to their nature, or are liable to rapidly deteriorate or worsen.
• 8.5 Qualitalia Puglia srl will accept the returned goods reserving the right to verify that the products have been returned in their original state and with their original packaging; only in this case the amount paid by the consumer for the purchase of the products will be refunded.
• 8.6 The transport expenses incurred for both the delivery of the product to the customer and for its eventual return to Qualitalia Puglia srl are free.
Art. 9: AUTHORIZATIONS
• 9.1 By filling in the appropriate space on the website, the Customer authorizes Qualitalia Puglia srl to use his/her credit card, or other card issued in order to replace the former , debiting his/her current account in favour of Qualitalia Puglia srl the total amount shown as the cost of the purchase made “on-line”. The whole procedure is done via a secure connection directly linked to the bank owner and manager of the PayPal on-line service payment, which Qualitalia Puglia srl cannot accede to.
• 9.2 Should the consumer exercise the right of withdrawal, as set out in point 8 of these general conditions, the amount to be refunded will be credited to the same credit card.
Art. 10: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
• 10.1 Qualitalia Puglia srl has the right to rescind the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid.
• 10.2 The obligations assumed by the customer pursuant to art. 7 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer effects with the means referred to in art. 2, are essential, so that, by express agreement, the Customer’s non-fulfillment of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 c. c., without the need for a judicial ruling, and leave the right to Qualitalia Puglia srl to take legal action for incidental compensation for any further damage.
• 10.3 Qualitalia Puglia srl fully respects your privacy. The data you will transmit will be processed using electronic aids and will be used by Qualitalia Puglia srl to manage orders and shipments only. In accordance with Legislative Decree 196/03 Code regarding the protection of personal data, all information relating to personal data, orders and payments made, are strictly confidential. We assure you that under no circumstances and for no reason we will disclose personal data to third parties outside Qualitalia Puglia srl. All details relating to the processing of personal data according to Italian law can be consulted on the website www.garanteprivacy.it.
Art. 11: JURISDICTION AND COMPETENT COURT
• 11.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website www.viarafi1.it is subjected to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree n. 50 dated 15.1.1992 and of Legislative Decree 206/05.
• 11.2 the Court of Brindisi will be competent for any dispute between the parties regarding this contract.
Shipping costs, (except for special promotions and other commercial agreements) are totally charged to the customer, and will automatically be calculated by the weight- based system.
How to behave on delivery of the product:
On delivery by the carrier, you will need to check that:
1) the package is intact, not damaged or wet and, in any case, conforms to the package standard characteristics;
2) the number of items (number of parcels) indicated on the invoice corresponds to the number of actually delivered packages.
Any objections must immediately be raised to the carrier, on their absence, the product is considered as correctly delivered.
How to behave in case of damage on account to TRANSPORT:
If on unloading the goods there is evidence of any obvious damage to the packaging, a written reservation must be inserted on the delivery note (or bulletin) and the damaged goods must be rejected.
Payments by PayPal and credit cards:
The user directly pays through the PayPal/Stripe portal.
· The holder of the order must be the PayPal/Stripe account holder.
· A landline or mobile phone number must be provided.
· The products will be shipped to the order- holder’s address.
Payments by bank transfer:
Account in the name of Qualitalia Puglia srl – Via Raffaele Iozzino, 10 – 72020 Cellino San Marco (Br) Italy
It is understood that, if payment by bank transfer is chosen, the goods will be shipped only after verification of the credit to our bank account. The reason to be reported on the bank transfer must indicate both the order number, and the name and surname of the placer the order. In the current state of the banking system, the transferred amount is credited to the beneficiary’s current account no earlier than 3/5 working
days from the date of its execution. If we do not receive payment within 8/10 days from placing the order, the order itself will be deleted.