TERMS AND CONDITIONS OF ONLINE SALE
We invite you to read these general conditions of sale carefully before proceeding with any purchase on our site. By making any purchase, you fully accept these general conditions of sale.
SUPPLIER IDENTIFICATION
The goods covered by these general conditions are offered for sale by the company Stumundi di Lo Scalzo Alfonso with headquarters in 92012 Cianciana (Italy), via G.Leopardi 1, VAT number 03026980841 hereinafter referred to as the “Supplier”.
1. Definitions
1.1 The expression “online sales contract” means the purchase and sale contract relating to the Supplier’s tangible movable assets, stipulated between the latter and the Buyer as part of a remote sales system, via telematic tools, organized by the Supplier and governed by these general conditions.
1.2 The expression “Buyer” means the Buyer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale. The product offers on the site indicated in the following point are aimed only at adult customers. If the Buyer is under 18 years of age, he must first have the consent of one of his parents or a legal guardian to purchase on the site.
1.3 The expression “Supplier” means the person indicated as such in the epigraph.
2. Object
2.1. These general conditions will regulate the contracts pursuant to which the Supplier will undertake to sell, and the Buyer will undertake to purchase, remotely and online, via telematic tools, the tangible movable goods selected by the buyer from those indicated and offered for sale by the Supplier (hereinafter, the “Products”) on the following website: https://www.stupormundiyewear.com (the “Site”).
2.2. The Products are illustrated on the Site.
3. Method of stipulating the contract
3.1 The contract between the Supplier and the Buyer is concluded exclusively through the internet, through the Buyer’s access to the Site, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods.
4. Conclusion and effectiveness of the contract
4.1. The online sales contract is concluded through the exact completion of the request form – visible after choosing the Product to purchase – and the consent to the purchase expressed through the acceptance sent online of the conditions of sale/purchase and privacy policy including information regarding the processing of personal data, and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased good, the shipping costs and any additional additional charges, the methods and payment terms, the address where the goods will be delivered, the order processing times (estimated at 5 working days from receipt of payment, unless otherwise provided by the company) and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, it sends a confirmation email, or displays a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point.
4.3. The online sales contract will be considered concluded in the place where the Supplier has its registered office and at the moment in which the Buyer’s request is expressly accepted by the Supplier by e-mail, with confirmation by the same of the sending of the Products and the acceptance by the same of the payment methods: credit card, advance bank transfer, Pay Pal system or other method chosen by the Buyer.
5. Payment and refund methods.
5.1. Any payment by the Buyer can only be made by means of one of the forms indicated in the specific section of the Site.
5.2. Unless otherwise expressly provided, payment must be made in full, regardless of disputes relating to partial delivery or any defects in the Product.
5.3. When ordering the Product, the charge will be made to your credit or debit card or through Pay Pal. In the event that the Buyer chooses another form of payment (bank transfer) this will always be carried out in advance, i.e. before shipping, which in any case is always subject to successful completion.
5.4 Without the prior written consent of the Supplier, no debt compensation or counterparts may be deducted in favor of the Purchaser.
5.5. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercise of the right of withdrawal, as governed by the following article 13 of these general conditions, at the latest within 30 (thirty) days from the date on which the Supplier became aware of the withdrawal.
5.6 All communications relating to payments take place on a special Supplier line protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
6. Delivery times and methods
6.1. The Supplier will deliver the selected and ordered Products, in the manner indicated on the Site at the time of offering the goods, as confirmed in the email referred to in point 4.2.
6.2. The delivery dates indicated on the Site, in the order confirmation, in the acceptance or in other documentation are indicative and non-binding. Consequently, by not assuming any formal and substantial obligation regarding delivery terms, the Supplier hereby declines any responsibility for any delays and problems in deliveries not attributable to the Supplier. All without prejudice to the provisions of the art. 61 of Legislative Decree 206/2005 (Consumer Code), where applicable.
6.3 Deliveries will be made to an address that the Buyer will have indicated and which will in any case be subject to acceptance by the Supplier (“Delivery Address”). The Buyer is required to verify the correctness of the Delivery Address that the Supplier will indicate in the confirmation or acceptance of the order. Costs deriving from any changes in the delivery address, subsequent to the transmission of the order, will be borne by the Buyer.
6.4 In the event that the Buyer refuses, or is unable to accept delivery of the Products offered pursuant to these general conditions of sale, the risks of loss or damage to the Product will in any case be considered transmitted to the Buyer, without affect any other right or remedy (for breach of contract or otherwise) of the Supplier.
6.5 Delivery of the Products is considered completed with the courier’s access to the address indicated for delivery. The documentation usually drawn up by the forwarder will attest to this. In the event that the Products, for reasons not attributable to the Supplier or the shipping company or due to the Buyer’s failure to pay the import customs duties, are returned to the sender, the second shipment will be carried out only after the Buyer has paid the shipping costs. transport charged for the return, storage and all costs relating to non-delivery and redelivery/reshipment.
Consequently, without prejudice to the Supplier’s right to obtain payment of the price, the costs of storing and returning the Products to the Supplier will further be borne by the Purchaser. Payment of the same will be a condition for making a second shipment.
6.6 Without prejudice to the provisions of any mandatory and specific laws, the Buyer will not be entitled to reject the Products, in whole or in part, even in the event of partial delivery.
6.7 Unless otherwise provided in these Conditions, the risk of loss or damage to the Products will become the responsibility of the Buyer at the time of delivery or at the time of entrustment to the carrier.
7. Prices
7.1. The selling prices of the Products, as well as any further information relating to the Products and included on the Site, do not constitute an offer to the public. These sales prices and the list of Products on sale may therefore be modified by the Supplier at any time.
7.2. The prices in force at the time the order is created apply to the Products. These prices may be modified at any time by the Supplier, it being understood that the prices applied to each order of Products will be those in force at the time of creation of such order.
7.3 Prices are expressed in the currency indicated on the Site and, in compliance with the previous paragraph, may undergo variations, in amount and currency, at the sole discretion of the Supplier, just as variations may be made to the countries in which the Supplier intends (or does not intend) to ship the Products as ordered by a buyer.
7.4 The states in which the Supplier will make deliveries are indicated on the Site. Unless otherwise indicated, the prices displayed on the Site are to be understood as net of shipping or transport costs up to the agreed destination within the territory (the rates are indicated on the site).
The prices of the Products, unless otherwise specified from time to time on the Site, must be understood as: – inclusive of VAT and any other tax, or contribution (where applicable) in the event that the Product is delivered in Italy or towards private citizens resident in EU countries;
– net of VAT and any other tax or contribution in the event that the Product is delivered to non-EU countries.
7.5 Shipping costs and any additional charges (for example: customs clearance), although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser forwards the order and also contained in the web page summarizing/confirming the order placed.
8. Availability of Products
8.1. The availability of the Products refers to the actual availability at the time the Buyer places the order request. However, this availability may vary depending on the following circumstances:
– the Products could be sold to other buyers before the Buyer’s order is confirmed, due to the simultaneous use of the Site by multiple users,
– IT anomalies such as to make a Product available for purchase that is actually not available.
The provisions of paragraph 4.3 of these general conditions remain unchanged.
8.2. If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Buyer via e-mail whether the good can no longer be booked, or what the waiting times are to obtain the chosen good, asking if he intends to confirm the order. order, or not.
8.3. The Supplier’s IT system confirms the registration of the order as soon as possible, sending a confirmation to the Buyer by email, pursuant to point 4.2.
9. Limitations of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to fortuitous circumstances or force majeure, in the event that it is unable to execute the order within the times set out in the online sales contract.
9.2. The Supplier cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control.
9.3. Furthermore, the Supplier will not be liable in relation to damages, losses and costs suffered by the Buyer following the failure to execute the online sales contract for reasons not attributable to him, the Buyer having the right only to the full refund of the price paid and the any additional costs incurred.
9.4 The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased Products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. To the maximum extent permitted by the law in force, as well as by the provisions on consumer protection, where applicable, the liability of the Supplier (for negligence, breach of contractual obligations, misrepresentation) under no circumstances may exceed the cost of the defective, damaged or not provided (as determined by the net price invoiced or charged) with respect to each individual occurrence or series of occurrences. The Supplier can never be held responsible in relation to:
– extraordinary, punitive, incidental, indirect damages;
– damages resulting from the inability for the Buyer to process Product orders from its customers, loss of income, profit, profits, contracts, data, goodwill or savings.
9.6 Where applicable and to the extent that they cannot be derogated, the provisions of articles 114 to 127 (inclusive) of Legislative Decree 206/2005 (Code of Consumption).
10- Warranty and returns
10.1. The Buyer is responsible for inspecting the Products upon delivery and is required to verify that they are in satisfactory condition, compliant with specifications and complete.
10.2 In the event of receipt of defective or otherwise non-compliant Products with the orders placed, the Buyer will have the right to have the conformity of the defective or non-compliant Product restored without charge by repairing or replacing the Product itself, at the sole discretion of the Supplier. 10.3 The Purchaser may exercise this right if the defect or non-conformity becomes apparent within 2 (two) years from delivery of the goods, provided that the Purchaser himself reports the defect or non-conformity to the Supplier within 2 ( two) months from the relevant discovery.
10.4 In order to exercise the above right, the Buyer must send a written communication to the Supplier in the manner provided for in the following Paragraph 16.1 of these general conditions. 10.5 The Supplier, in the event of a defective or non-compliant Product, will organize the collection of the Product at its own expense, according to the Buyer’s availability.
10.6. The Supplier cannot be held responsible for damages or losses resulting from (i) negligence on the part of the Purchaser; (ii) inadequate or in any case inappropriate use of the Products with respect to the specifications or instructions provided by the Supplier, (iii) incorrect repairs or modifications by parties other than the Supplier or (iv) scratching of the lenses, which must be considered as ordinary wear and tear unless the Buyer proves that the Product had such a defect upon delivery.
10.7 The guarantee referred to in this article will operate provided that the Product is used correctly and with due diligence, in compliance with its ordinary destination and in compliance with the provisions of any technical documentation, with observance of the instructions for use and cleaning indicated if necessary and except for normal deterioration due to use.
10.8 All specifications, illustrations, drawings, details, dimensions, data relating to the Product and all further information contained on the Site or made available to the Buyer have the sole purpose of offering a general illustration of the Products, not constituting in itself a guarantee or a declaration by the Supplier that the Products will conform to what was presented.
10.9 If the Buyer qualifies as a consumer pursuant to Italian law, the provisions of articles 128 to 135 of Legislative Decree 206/2005 (Consumer Code) will apply.
11. Rights and obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the Products purchased in the times and ways indicated in these general conditions.
11.2 If he is a consumer, the Buyer will have the right to view and receive the information referred to in the art. 47, paragraph 1 of Legislative Decree 206/2005 (Consumer Code), pursuant to art. 51, paragraph 1 of the same Legislative Decree 206/2005 (Consumer Code). 11.3. Once the online purchase procedure has been completed, the Buyer will be able to view and print these general conditions and the privacy policy including the information on the processing of personal data attached here.
11.4. The information contained in these general conditions has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
12. Authorizations, customs duties and export
12.1 In the event that the purchase, transportation or use of the Products by the Buyer is subject to a license or authorization from the government or other authorities, the Buyer will obtain such license or authorization at its own expense and , if necessary, to produce the necessary documentation.
Failure to obtain the above cannot give rise to withholdings or delays in payment of the price by the Buyer. Any additional expense or charge incurred by the Supplier due to any default by the Buyer will be the sole responsibility of the latter.
12.2 The Products sold under the terms of these general conditions may be subject to export control laws as well as regulations in force in other jurisdictions having jurisdiction in the place where they will be delivered or used. The Buyer will be responsible for compliance with such laws and must not act in violation of the same.
12.3 In the event that the Products are subject to customs duties, taxes, duties or import contributions, in force at the time the Product arrives at the indicated destination, the Buyer will be required to pay them, as the Supplier has not no possibility of predicting and controlling the amount of such charges.
13. Right of withdrawal
13.1. In the event that the Buyer qualifies as a consumer, he/she will have the right to withdraw from the purchase contract regulated by these general conditions within 14 (fourteen) days, starting from the day of receipt of the purchased good, all subject to pursuant to articles 52 and following of Legislative Decree 206/2005 (Consumer Code). The withdrawal may take place without the Buyer having to provide any reason and without having to incur costs other than those referred to in articles 56, paragraph 2, (additional costs if the Buyer has expressly chosen a type of delivery different from the least expensive type of delivery offered by the Supplier) and 57 of Legislative Decree 206/2005 (Consumer Code).
13.2. In the event that the Buyer decides to exercise the right of withdrawal, he must communicate this by registered letter to the Supplier at the address: Stumundi di Lo Scalzo Alfonso 92012 Cianciana (Italy), via Giacomo Leopardi 1, or via mail to the address: info@stupormundieyewear.com
13.3 The exercise of withdrawal may take place either by sending the following standard withdrawal form, or by any other explicit declaration by the Buyer to this effect.
13.4 Standard form for exercising the right of withdrawal.
“Messrs
Stumundi di Lo Scalzo Alfonso
Via Giacomo Leopardi,1
92012 Cianciana (Italy)
Registered mail with return receipt info@stupormundieyewear.com
I hereby notify the withdrawal from the sales contract of the following goods: ______________________________
Ordered on ____________________ on your website. – Name of the Buyer
-Buyer’s address
– Signature of the Buyer
– Date”.
13.5 In case of exercising the right of withdrawal, the Buyer must return the Products within 14 (fourteen) days from the day on which he communicated his intention to withdraw from the contract, pursuant to art. 57 of Legislative Decree 206/2005 (Consumer Code).
The Products must be returned intact, in the original packaging, complete in all its parts and with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Supplier will refund the amount of the Products subject to the withdrawal within the deadline referred to in Article 56 of Legislative Decree 206/2005 (Consumer Code).
14. Causes for termination
14.1 The Buyer’s failure to fulfill his obligations to pay the price of the Products ordered and the guarantee of successful completion of the payment that the Buyer makes with the means referred to in the art. 5.1, unless determined by fortuitous circumstances or force majeure, will give the Supplier the right to declare the contract regulated by these general conditions pursuant to art. 1456 of the civil code terminated. 14.2 The online sales contracts governed by these general conditions will be automatically terminated upon the occurrence of the following condition, agreed to the exclusive advantage of the Suppliers and which may therefore be waived by the Supplier itself: the declaration of bankruptcy or the opening of insolvency proceedings or of composition with creditors or bankruptcy liquidation against the Buyer, foreclosures, seizures and other prejudicial transcriptions, from which it is clear that the Buyer is unable to meet its debts.
In such cases, the Supplier will have the right to:
– block any Products in transit;
– suspend any subsequent Product deliveries;
– upon written notice, cancel existing orders.
15. Protection of confidentiality and processing of the Buyer’s data
15.1. The collection, processing and possible communication of personal data provided to the Supplier by the Buyer upon signing an online sales contract governed by these general conditions will be governed by the document called “PRIVACY POLICY AND INFORMATION ON THE PROCESSING OF PERSONAL DATA ” which, attached to these general conditions as Annex (A) in the updated version, forms an integral and substantial part thereof.
16. Communications and complaints
16.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Stumundi di Lo Scalzo Alfonso, 92012 Cianciana (Italy), via Giacomo Leopardi 1, or sent via Mail to the following address: info@stupormundieyewear.com. The Buyer indicates in the registration form for each order the address at which he intends to elect domicile pursuant to and for the purposes of these general conditions, as well as the telephone number or e-mail address to which he wishes communications to be made or sent. of the Supplier pursuant to these general conditions.
17. Applicable Legislation and Jurisdiction
17.1. These general contract conditions are governed by Italian law.
17.2 The relationship between the User and Stupor Mundi will be governed by current regulations and applicable in the italian territory. Should any controversy arise in relation to the interpretation and / or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting to the corresponding judges and courts in accordance with the law. The competent judicial authority of the court is Palermo.
18 Intellectual and Industrial properties
18.1 Stupor Mundi by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Italian legal system, being applicable both the Italian and Community regulations in this field, as well as the international treaties related to the matter and signed by Italy.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this web page, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of Stupor Mundi.
The User agrees to respect the intellectual and industrial property rights of Stupor Mundi. You can view the elements of the Website or even print, copy and store them on your computer’s hard drive or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.
In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify Stupor Mundi through mail: info@stupormundieyewear.com
19. Final provisions
19.1 These general conditions may be modified at any time by the Supplier, without prejudice to the fact that the general sales conditions in force at the time of conclusion of this contract will be applied to each online sales contract of the Products, and that these conditions cannot be subject to changes unless by written agreement of both parties.
19.2 The Buyer may not transfer the online sales contracts governed by these general conditions to third parties, in whole or in part, without the prior written consent of the Supplier.
19.3 In the event that one or more provisions of these general conditions should be judged, for any reason, invalid or ineffective, such invalidity or ineffectiveness will not affect the validity and effectiveness of the other clauses or provisions included in this document.
19.4 Any tolerance by one of the parties of the behavior of the other party in violation of the provisions contained in these general conditions will not constitute a waiver of the rights deriving from the violated provisions nor of the right to demand the exact fulfillment of all obligations under the terms and under the conditions provided herein.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code. the Buyer declares to have read and specifically approved the provisions of the following articles: 6 (Times and methods of delivery), 9 (Limitations of liability), 10 (Warranty and returns), 12 (Authorisations, customs duties and export ), 13 (Right of withdrawal), 14 (Causes for termination), 17 (Applicable Legislation and Jurisdiction) and 19 (Final provisions) of these general conditions.
