GENERAL SALES CONDITIONS (pursuant to Legislative Decree 206/2005 as subsequently amended and supplemented) Of Italian Fable S.r.l. with its Registered Office in Trieste (Post code 34123) at Via Economo 12/9, VAT Registration Number 01280020320, in the person of its Authorised Representative Giovanni Loser, tel. +39 0409662066, e-mail firstname.lastname@example.org, certified e-mail email@example.com, hereinafter to be called the “Seller”
Art. 1 Recitals:
a) The Seller manages the site www.italianfable.com, concerned with the promotion of Italian food and cooking together with the sale of one or more “Boxes” containing a surprise selection of six high quality food products with the additional possibility of finding a further product in the box as a free gift;
b) The Seller may also manage the sale of individual food products through the e-shop within its site;
c) The site is intended for use in commercial transactions between the business and consumers (so-called B2C);
d) It is possible to conclude online sale-purchase contracts on the site using remote Internet communication technology, the subject matter being the products promoted on the site;
e) The purchase of goods through the site will be governed by these General Sales Conditions;
f) All contracts will be concluded directly following the purchaser’s access to the internet site corresponding to the address www.italianfable.com and his or her compliance with the procedures indicated for gaining access to the site’s reserved area dedicated to online commercial activities;
g) The brand and logo relating to the site will be the exclusive property of the Seller;
h) The terms used in these General Conditions include those in common use in the context of information technology. In the event of any disputes over their interpretation or meaning, account will be taken of what is contained in the main publications of the specialised literature on the subject;
i) The Seller, in the context of its policy on propriety of conduct and transparency, hereby invites each user of the site to read these General Conditions governing the services offered through the web-site with care before beginning navigation of the site itself. If the user does not wish to accept these General Conditions and/or any other notice, whether legal or not, information or declaration limiting liability published on the Site, he or she is invited not to use the Site or the related services.
j) These recitals constitute an integral and substantive part of the Agreement;
Art. 2 Definitions
2.1. In these General Conditions the following terms will have the meanings assigned below:
b) “Seller” will refer to Italian Fable S.r.l., a company formed under Italian law with its Registered Office in Trieste (Italy) at via Economo, 12/9, a party to this Agreement and which manages this Site with the direct sales of the products described in the point next following to Users/Purchasers;
c) “Product/s”, depending on the text in which the reference is made, will refer to either the “Box” containing a surprise selection of at least six high quality Italian food products or the individual food products as described in the Site and available for sale by e-commerce techniques (not including a surprise element). The Box will contain the basic ingredients necessary for the preparation of a meal of normal size for two people made up of: (i) a main dish; (ii) a side-dish or accompanying dish by way of starter; (iii) a dessert and (iv) a recipe and practical advice for the preparation of the dishes.
d) “Purchaser” and/or “User” will refer to the end-consumer/customer authorised to use the Site in order to purchase the products according to the procedures indicated in these General Conditions;
e) By “Consumer” is meant the natural individual who purchases goods and services for purposes not referable, whether directly or indirectly, to any professional service carried on by the latter.
f) The “Parties” will refer to the Seller and the Consumer together;
g) “Site” will refer to the Internet site which can be reached at the address www.italianfable.com, together with all internet addresses (e.g. URLs, domain names and pages) and/or the related application software for the using of the Service controlled or managed by the Seller and used to offer or provide the Service, together with all mirrors, replacements and backups normally used by such Sites.
h) “Service” – will mean any service individually or collectively and all functions associated with the same, offered on the Site whether free or for a charge, directly by the Seller or by third parties through the Seller. The term “Service” will include, in the absence of specifications, the Site and all services including those for payment, functions and characteristics offered within the Site and in any case made available to Users/Purchasers.
i) “Price” will refer to the sale price of one or more Products and the price of the Service, as specified in the related sections of the Site;
j) “Durable Medium” will refer to any means which allows the preservation of the information in a way that makes it possible to access in the future for a sufficient period, for example, a paper-based medium, CDs, PC hard disks or e-mail messages.
Art. 3 Age and Residence
3.1. The Site and the Services offered are intended initially for Users who have reached 18 (eighteen) years of age and who are resident in Italy, Austria or in Germany. All changes, modifications or additions relating to the widening or restriction of the countries in which the service is operational will be notified to Users by reference to the page on the Site “Where we deliver” which the Purchaser undertakes to check prior to effecting the purchase.
3.2. The Service will be provided automatically through information technology systems.
3.3. Users wishing to register or to subscribe to the Services, carrying out the registration after the selection of the Service and/or the Products, will guarantee that they are of full age and that the personal data provided are true, correct, updated and refer to the person entering them or entered with the consent of the third party, accepting all liability with reference to the correctness and truthfulness of the information provided.
3.4. If the data provided by Users changes, the latter will be responsible for informing the Company of the related update as soon as possible.
Art. 4 Subject matter of the Agreement
4.1. Under this Agreement the Seller will sell and the Purchaser will purchase the Products and/or Services indicated below remotely.
4.2. The User must be fully aware that the subject matter of the purchase is the Box, purchased individually or on subscription. The Box will contain six high quality Italian products with the possible inclusion of another food product free of charge. The food products contained in the Box will be of the quantity and quality described from month to month on the site under the section “What’s inside” and “Fables & more”. If the customer purchases a subscription, the products included in the subsequent Boxes to that described on the site at the moment of purchase will have the same market value and prestige. In particular the Boxes will contain the basic ingredients for the preparation of a meal of normal size for two people, made up of: (i) a main dish; (ii) a side-dish or accompanying dish by way of starter; (iii) a dessert and, (iv) a recipe and practical advice for the preparation of the dishes.
4.3. The subject matter of this Agreement will thus be the purchase of one or more Boxes depending on the type of purchase and/or subscription opted for by the User (1, 3, 6 or 12 months) of those offered for sale on the Site or the purchase of individual Products and/or Services present in the “Subscribe” section of the Site. At the moment of purchase the Product will be included in the virtual shopping cart, following the instructions for online purchase indicated on the Site.
4.4. The image and precise description of the individual food products contained in the Box can be found on the Site in the “What’s inside” and “Fables & more” pages. If the customer purchases a subscription, the description of the products contained in subsequent monthly Boxes will be published from time to time on the same pages as those described above. As a consequence, the User hereby declares that he or she accepts the above arrangement combined with the guarantee of receiving products in the Box which are both niche food specialities and have been periodically renewed over a reasonable period of time, it also being understood that the Customer would not have signed the contract without such an arrangement.
4.5. The Purchaser may decide to make the purchase by means of a single payment covering a number of different Products or Boxes which will be delivered at a pre-set frequency indicated on the Site (hereinafter to be called the “Subscription Service”).
4.6. The Products and/or Service will be described precisely in the section “Previous boxes” and “What’s inside” of the Seller’s Site.
4.7. The Seller undertakes to supply all products indicated subsequently on the payment of a price defined under Article 7 of this Agreement.
Art. 5 Acceptance of the Sales Conditions
5.1. These General Conditions will be valid from the date of the conclusion of this Agreement and may be updated, supplemented or added to at any time by the Seller which will communicate the same through the pages of the Site. Such updates and/or changes and/or additions will have effect for future purchases.
5.2. All purchase orders will be sent by the Purchaser to the Seller following registration on the Site and the entry of the username and password with access to the Reserved Area by means of a secure protocol (https), and thus through the completion of the purchase procedure described concluding by clicking on the button marked “Confirm” and “Buy now”.
5.3. These General Conditions must be examined online by the Purchaser before completing the purchase procedure. The sending of the purchase order confirmation thus implies complete knowledge and full acceptance of the same. The Purchaser may in any case obtain the contents on a durable medium as described in Article 13.1 below.
5.4. By sending the confirmation of his or her purchase order online, the Purchaser will accept unconditionally the General Conditions and Payment Conditions described below, undertaking to comply with them in his or her relations with the Seller, declaring that he or she has read the same and accepting all indications provided by the latter pursuant to the law referred to above, also acknowledging that the Seller will not consider itself bound by different conditions if not agreed in advance in writing.
5.5. Acceptance of the Sales Conditions must be indicated through the precise completion of all sections of the electronic form, following the instructions displayed on the screen and, lastly, selecting and then accepting the boxes containing the words “I have read the General Sales Conditions and accept them” and “I have read the information on Privacy. I accept it and authorise the processing of my personal data.
Art. 6 Procedure for Registration on the Site
6.1. To use the Services Users must register, providing a certain amount of information of a personal nature (hereinafter to be called the “Registration”), indicating a valid address and personal e-mail and creating a personal account (hereinafter to be called the “Profile”). They must follow the related registration procedure indicated from time to time at the moment of Registration to ensure the Seller has a sufficient purchasing profile to provide the Services.
6.2. The purchase of Products or subscriptions is only permitted through the use of username and password chosen during Registration.
6.3. Registered users undertake to provide their personal address and e-mails which they guarantee they make legitimate and regular use of. In the case of any change in their own profile details, in particular in their e-mail address after registration, Users undertake to communicate the same to the Seller at the latter’s e-mail address firstname.lastname@example.org. Profiles registered with an e-mail belonging to someone other than the Registered User or with a temporary address may be deleted by the Seller without advance notice. The Seller reserves the right to validate individual accounts when it has reason to believe that the e-mail addresses are not valid.
6.4. Users may request the deletion of their Profiles at any time by sending an e-mail to the address email@example.com.
Art. 7 Purchase Procedure and Price
7.1. To be able to purchase the Product the Purchaser will have to gain access to the PAYPAL payment system.
7.2. The payment may be effected by means of credit card or through the PAYPAL payment system.
a) Credit Card:
The circuits on which it is possible to make a purchase on the Web Site are the following: VISA; MASTERCARD; AMERICAN EXPRESS.
To guarantee the greatest possible security, the Purchaser will make payment directly on the secure server of the payment system provider.
Once the order has been confirmed, Registered Users will be transferred to the Paypal site where it will be possible to effect payment with their account or by using a card, including a pre-paid card and in any case according to the procedures accepted by Paypal and in compliance with the related conditions.
7.3. The Products, prices and Sale Conditions contained on the Site, so long as available, will be expressed in Euros and do not constitute a public offer for the consumer. As a consequence, they must always be taken as being indicative only and subject to express confirmation by e-mail by the Seller, constituting acceptance of the purchase order.
7.4. The sale prices referred to above will be inclusive of VAT and all other taxes together with the total cost of shipping to the domicile address indicated by the User at the moment of the order, so long as the destination is located within the territories indicated in the Site page “Delivery”.
7.5. The Price of the Product indicated on the Site will be final save when, in exceptional cases, the Seller considers it appropriate to revise the Price. By way of non-exhaustive example, the following will be considered exceptional cases, an unexpected increase in price by the supplier without agreement, an unexpected variation in customs dues, currency exchange rates or shipping costs in general.
7.6. The receipt of the order will not be binding on the Seller until the latter has expressly accepted the same by e-mail. It should be noted that when the Purchaser has made the order, the system will send an e-mail automatically in response, summarising the order received, not to be taken as formal acceptance of the same. The Seller, having checked the availability of the chosen product, will send a subsequent e-mail by which it confirms and accepts the order received, summarising the products ordered, the Price, the presumed date and time-bracket of delivery and the General Conditions together with any special conditions applicable to the order.
7.7. If the Purchaser buys a subscription he or she expressly authorises the Seller to choose the type of products to be included in the Boxes after the first month of the subscription, given that they will form the basic ingredients of the recipe contained in the same package and forming an essential part of the service the User wishes to purchase. As a consequence, the Agreement will be deemed to have been concluded with regard to the goods actually delivered to the extent that they will be deemed to be appropriate for the recipe and preparation of the food, forming an essential part of the overall product.
Art. 8 Additional Information and suspension of the Services
8.1. The Company or the PAYPAL system reserve the right to request additional information from the User or the sending of copy documentation demonstrating ownership of the card used.
8.2. The Seller reserves the right not to accept the purchase order and/or to terminate with immediate effect the obligations deriving from these General Conditions pursuant to Article 18 if the User fails to provide the information and/or copy documentation demonstrating ownership of the card used for the payment of the products ordered.
8.3. In no circumstances may the Seller be held liable for the possible use of a credit card by third parties at the moment of payment for the Products purchased on the Site.
Art. 9 Conclusion of the Agreement
9.1. The Agreement entered into through the Site will be deemed to have been concluded when the Purchaser receives the formal confirmation of the order by e-mail in the form of a communication subsequent to the automatic e-mail summarising the order referred to in Article 5 above, by which the Seller accepts the order sent by the Purchaser and informs the latter that it is possible to go ahead with the processing of the same. The Agreement will be concluded in the place where the Seller has its Registered Office.
9.2. The Purchaser will have the right to cancel the order up to the moment when he or she receives the e-mail of confirmation referred to in the previous point, by sending an e-mail to the Seller’s address firstname.lastname@example.org or by means of any other procedures indicated on the page of the Site called “Purchase”.
Art. 10 Manner of Delivery
10.1. The Seller will deliver the Products selected and ordered on the Site to the Purchaser’s address indicated by the latter. The delivery will be made by means of a courier or specialist shipper contracted by the Seller. The delivery will be made within the time limit specified in the order confirmation referred to in Article 7.6.
10.2. If the Purchaser is absent a communication will be left setting out the information necessary to contact the courier or shipper in order to agree the delivery procedures.
10.3. At the moment of delivery of the goods the Purchaser or the person authorised by the latter, will be required to confirm that the packaging is complete, undamaged or in any case unaltered. Any damage to the packaging of the Box and/or the food Products must be raised immediately by the Purchaser by noting a reservation from checks made, written on the shipper’s delivery document, specifying the reason for the reservation (by way of example “hole in packaging”, “packaging tampered with”). In the case of anomalies affecting the Products other than the physiological deterioration of the food products or mere imperfections in the packaging, the Purchaser will be able to contact the Seller at the e-mail address email@example.com, specifying the defects identified and documenting the same by means of photographs.
10.4. The User acknowledges and accepts that if it is impossible to deliver the Products because of his or her absence, or the absence of the person authorised to receive the Product, at the moment of the delivery on the date and time-bracket agreed, the Products will not be deleted from the order and the related amount will not be refunded to the Purchaser.
Art. 11 Liability
11.1. The Seller will not accept any liability for delay in delivery or non-delivery of the goods by reason of force major such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods or other similar events making it impossible, in whole or in part, to perform the Agreement in the times agreed.
11.2. The Seller will not be liable as against any party or third parties with regard to damage, costs or losses suffered following the failure to perform the Agreement for the reasons cited above, the consumer only having the right to the refund of any Price paid.
11.3. The Seller guarantees that the Products displayed in the electronic catalogues and, in their turn, the food products contained in the Box, will be freely available for purchase and that they will be unburdened by pledges or other third party restrictions. In any case, the provisions of the Italian Civil Code concerned with sale-purchase and the Consumer Code will apply to the same.
Art. 12 Guarantees and forms of Assistance, Limitations of Liability
12.1. The Seller undertakes to comply with the law concerned with the cold chain (where necessary, as, for instance, for meat) and in general, quality rules applying to the Products exclusively up to their delivery to the place indicated by the Purchaser. Any liability relating to the bad state of the Products due to their inappropriate preservation subsequent to the delivery or at other delivery points authorised by the Purchaser is hereby excluded.
12.2. The Seller declines any liability for the information provided and/or acquired directly from individual producers of the food products, as displayed on the Site in the sections “Previous boxes” and “What’s inside” or, in relation to the sale of individual food Products, in the section “Products”.
12.3. The Seller will not be liable for any damage resulting from the inaccessibility of the Services deriving from problems connected with the Internet, the providers or telephone or online connections over which it does not have control, to the non-functioning or defective functioning of the electronic equipment of the Purchaser or of the Seller’s suppliers.
12.4. The Seller will not accept any liability for content created or published on third party sites connected by hyperlinks to the Site. If Users decide to visit an internet site connected to the Site, they will do so at their own risk, taking on themselves the obligation to take all necessary measures against viruses or other malware.
12.5. The Seller will issue an appropriate receipt/invoice for the shipped Products for each order effected. Such receipt/invoice will be sent to the User by e-mail. The data provided by the Purchaser at the moment of the order will be included in the related receipt without prejudice to the fact that no alteration will be possible after the issue of the receipt/invoice itself.
12.6. The provisions of Legislative Decree no. 206 of 6 September 2005 (the Consumer Code) will apply in the case of the Product’s non-conformity, particularly Articles 129, 130 and 132. Non-conformity will mean that the individual products within the Box are unfit for the intended use with respect to analogous products or that they do not conform to the description and the qualities set out by the Seller on the Site immediately after the delivery of the Box. The Purchaser will have the right to choose one of the following remedies: the elimination of the non-conformity of the Product free of charge providing the type of Product allows this, the replacement of one or more of the food Products subject to such non-conformity, an appropriate reduction in the Price or termination of the Agreement. Any defect must be reported within two months from its discovery in default of which the Purchaser loses his or her guarantee rights, providing always that the Product is not by its nature perishable or subject to a shorter time limit in which case the defect must be reported within the above reduced time limit. The Seller hereby specifically notifies the Purchaser that, even in the case of the purchase of a subscription, the simple fact that the Purchaser does not like the food products contained in the Box will not be grounds for alleging the non-conformity or the unsuitability of the products concerned.
Art. 13 The Purchaser’s Obligations
13.1. Once the purchase has been concluded, the Purchaser undertakes to print out and/or store these General Conditions on a durable medium which he or she will in any case, read and accepted as an obligatory stage in the purchase, the above being for the purposes of satisfying the condition set out in Article 51 of Legislative Decree no.206 of 6 September 2005 in full.
13.2. The Purchaser is strictly forbidden from entering false and/or invented and/or imaginary data in the special electronic form during the registration procedure. The personal details and e-mail address must be exclusively his or her own correct personal data and not of third parties or imaginary. The Purchaser thus accepts full liability for the precision and truth of the data set out on the electronic registration form, designed to permit the completion of the purchase of the Products.
13.3. Double registrations made by a single person will be expressly prohibited as will the entry of third party data. The Seller reserves the right to pursue any breach or abuse of the above through the law in the interests and for the protection of all consumers.
13.4. The Purchaser will hold the Seller indemnified against all liability deriving from the issue of incorrect tax documents caused by errors relating to the data provided by the Purchaser given that the latter is the sole party responsible for the correct recording of the same.
13.5. The User undertakes not to use the Site and/or the related Services for purposes which are illegal or not contemplated by these General Conditions. The User may not use the Site or the related Services in such a way as to damage or in any case prejudice the Site or interfere with the use and enjoyment of the Site and related Services by other users.
13.6. Once the User has registered he or she will be required to preserve the related credentials allowing access to the confidential Profile and will be responsible for any use of the Site that is made by anyone accessing the same by using such credentials. The Registered User undertakes in any case as follows: (i) not to use machines, algorithms, software or other automatic functions to generate references to pages or materials, (ii) not to generate page references by chain letters, e-mail or other means through which a person or group of people are asked to access a particular page, (iii) to inform the Seller immediately in the event of suspicion that the security of his or her Profile has been breached.
13.7. If the User writes a comment on our Products or Services in any web-site, blog or social media, he or she must make it clear that such comment represents his or her opinion. By registration on the Site the User irrevocably authorises the Seller to quote any of his or her comments in advertising or social media as created or distributed by the latter.
Art. 14 Right of Withdrawal, Exceptions
14.1. Pursuant to Article 59, paragraph 1(d) and (e) of Legislative Decree no. 206 of 6 September 2005 (The Consumer Code), the right of withdrawal will be excluded on the basis of the following:
a) Goods purchased by a Purchaser who is not a consumer and/or who asks for an invoice;
b) Goods which risk rapid deterioration or with a short sell-by period, and
c) Sealed goods which cannot be returned for reasons of hygiene or connected with health protection which have been opened after delivery.
14.2. The User hereby accepts and is informed that, in relation to the cases of the exclusion of the right of withdrawal listed above, those products affected by the risk of deterioration or with a short sell-by date cover all food products including those contained in the Box, given that the characteristics and qualities of that type of products are subject to alteration including as a consequence of inappropriate storage. Thus, for reasons of hygiene and user protection, the right of withdrawal is only applicable to Products purchased on the Site which can be returned to the Seller and re-sold without endangering consumer health, that is non-food Products.
14.3. In cases when withdrawal is excluded, the Seller will return the purchased products to the Purchaser, charging the shipping costs to the latter.
Art. 15 Exercise of Right of withdrawal
15.1. The Purchaser will be able to exercise the right of withdrawal pursuant to Article 52 et seq. of Legislative Decree 206/2005, in relation to specific products other than those described in Article 14 so long as they have not been opened and their seals not interfered with after delivery.
15.2. When the right of withdrawal is permitted, the Purchaser will have the right to withdraw from the contract for any reason, without the need to provide explanation and without formalities.
15.3. To exercise the right of withdrawal the Purchaser will be required to send Italian Fable S.r.l. written communication by e-mail within 14 days from the date on which the Purchaser or third party, not being the carrier and designated by the Purchaser, acquired physical possession of the first goods, to the following e-mail address firstname.lastname@example.org. The Subject must be “Exercise of right of withdrawal”. In the e-mail the Purchaser must expressly declare his or her wish to withdraw and provide the following additional information:
i. Order number and date of purchase;
ii. Date of delivery of the purchase order;
iii. The user’s name and address;
iv. The indication of an e-mail address and telephone number for the User;
v. The code of the article or articles for which the right of withdrawal is to be exercised.
15.4. After receiving the communication exercising the right of withdrawal, the Seller will open a case for the management of the returns and inform the Purchaser by a durable medium (e-mail) of the procedures for the return of the products, effected by the courier indicated by Italian Fable S.r.l.
15.5. On the exercise of the right of withdrawal the Seller will refund the entire amount of the products returned to the Purchaser within 14 days from the date on which the communication of withdrawal is received, without prejudice to the Seller’s right to suspend the refund payment up to the actual receipt of the products or the actual demonstration by the Purchaser that he or she has returned the goods, if earlier. The refund will be effected using the same payment method used by the Purchaser.
Art. 16 Complaints
16.1. Any complaint must be sent to the Seller by e-mail addressed to email@example.com or by registered letter with notice of receipt to the following address: Trieste (post code 34123) via Economo, 12/9
16.2. The Seller undertakes to reply to all requests made within a maximum of 4 working days.
Art. 17 Suspension of subscription service
17.1. Any user who has joined a subscription service will have the power to suspend it at any time and without any additional cost for a maximum of 1 months. If a registered user wishes to suspend the subscription service it will be required to contact the Seller’s customer service by e-mail at the address firstname.lastname@example.org and agree with the latter the period of suspension. No more than one suspensions will be permitted.
17.2. The suspension will have force and effect:
a) Immediately when the communication has been received by the Seller by the date indicated on the Site as the last date for booking in the month prior to that indicated as the month for the delivery of the box of Products, indicated, as before, on the Site, or
b) From the next monthly delivery when the communication has been received by the Seller after the date described in the previous sub-paragraph.
Art. 18 Termination of the Agreement
18.1 The Parties agree that the contract will be terminated as of right following the occurrence of one of the breaches indicated below:
– Breach of the obligations described in Article 7 (Manner of Purchase and Price);
– Breach of the obligations described in Article 8 (Additional Information and Suspension of Services)
– Breach of the obligations described in Article 13 (The Purchaser’s Obligations):
– Breach of the obligations described in Article 21 (Prohibition against Assignment).
18.2 Under Article 1456 of the Italian Civil Code, the Party wishing to terminate the Agreement will give notice to the other Party to such effect by sending a registered letter with notice of receipt or certified e-mail (email@example.com), giving reasons for the same. The effects of the termination will have force and effect from the date of receipt of the termination notice as indicated on the receipt returned to the Party terminating the Agreement. The Purchaser will only have the right to the return of any monies already paid.
18.3. The Seller reserves the right to inform the User that he or she is barred from access to, and use of, the Site and Services or a part of the same at any time and with immediate effect if the User breaches the obligations imposed on him or her pursuant to the Articles referred to in Articles 18.1.
18.4. Access to the Site may be interrupted temporarily if there are technical problems or if it requires maintenance. If possible, notice of such problems will be given by communications on the Site.
18.5. The Seller may introduce improvements and/or changes to the Site or Services whenever this is necessary for technical reasons or in order to comply with the legislation in force.
18.6. The Seller also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable advance notice in order to permit the User to receive the orders sent. In the above circumstances the Company will give timely notice to the Users by e-mail and by means of a notice on the Site.
Art. 19 Communications
19.1. Save in cases where expressly indicated otherwise or laid down by legal obligations, the preferred method of communication between Seller and Purchaser will be by means of e-mail messages to their respective e-mail addresses, considered by both Parties to be a valid method of communication and whose production in court proceedings may not be objected to on the sole ground that they are electronic documents.
Art. 20 Processing Personal Data
20.2. The rights deriving from the Privacy legislation and the information obligations imposed on the Seller deriving from the same must be considered online before the completion of the purchase procedure. The sending of the order confirmation thus implies full knowledge of the same.
Art. 21 Prohibition against Assignment
21.1. The Agreement may not be assigned to third parties, breach of this prohibition will result in its immediate termination.
Art. 22 Intellectual property rights
22.1. The Seller is the owner of the licence over the intellectual property rights for the Site whether or not they are registered and of the materials published in it. Such works are protected by copyright law and are reserved rights.
Art. 23 Out-of-court resolution of disputes
23.1. In the case of disputes related to this Agreement or connected with the same, the Parties undertake to seek an equitable and amicable settlement.
Art. 24 Final Clauses
24.1. This Agreement will repeal and replace any agreement, arrangement or negotiation, whether oral or in writing, made previously between the Parties and concerning the subject matter of this Agreement.
24.2. These General Conditions, made available to the Purchaser for their reproduction in durable form and conservation pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003, have as their subject matter the purchase of products and/or services effected remotely and by means of an online network through the internet site of the Seller, with its Registered Office in Trieste at via Economo, 12/9 – 34123 Trieste (Italia)
Art. 25 Applicable law, Reference and competent Court
25.1. The sales Agreement between the User and the Seller will be deemed to have been concluded in Italy and will be governed by Italian law.
25.2. If the Purchaser is a Consumer pursuant to the definition in the Consumer Code, the Court for the latter’s municipality of residence or domicile if located in Italian territory will have exclusive competence for the adjudication of any dispute over the interpretation, performance or termination of these General Conditions or individual purchase orders. In all other cases the Court of Milan will have exclusive territorial competence with the exclusion of any other Court.
25.3. Protection of confidentiality will be subject to the provisions of Legislative Decree no. 196 of 30 June 2003 as subsequently amended and supplemented.
25.4. For all matters not expressly provided for in this Agreement the law dealing with the relations and cases described in this Agreement and, in any case, the laws of the Italian Civil Code will apply. If compatible with the specific sale, the provisions of Legislative Decree no. 206 of 6 September 2005 (the Consumer Code) will apply.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE PURCHASER
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Purchaser declares that he or she has read the Agreement with care and expressly approves the following clauses:
Art. 2 (Definitions); Art. 4 (Subject matter of the Agreement); Art. 5 (Acceptance of the Sales Conditions); Art. 6 (Procedures for Registration on the Site); Art. 7 (Purchase Procedure and Price); Art. 8 (Additional information and Suspension of Services); Art. 9 (Agreement); Art. 10 (Delivery Procedures) ); Art. 11 (ability); Art. 12 (Guarantees and Assistance Procedures, Limitation of liability); Art. 13 (The Purchaser’s Obligations); Art. 14 (Right of Withdrawal, Exceptions); Art. 15 (Exercise of the right of withdrawal); Art. 16 (Complaints); Art. 18 (Termination of the Agreement); Art. 19 (Communications); Art. 20 (Processing of Personal Data); Art. 23 (Out-of-court resolution of disputes); Art. 25 (Applicable law, Reference and competent Court)
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