Contract for online sales ofconsumer goods

The buyer clearly expresses to make the purchase for purposes unrelated to the commercial or professional activities carried out.

 

Identification of the Supplier

The goods covered by the stated general conditions are available for purchase from Josephine S.r.l, located in Via Maestri del Lavoro 28/32, 62012 Civitanova, Marche (MC),  Fiscal Code/VAT number 01773190432, indicated below as “Supplier”.

 

1.Definition

 

  • The expression “contract for online sales”, refers to the contract of trade relative to the material consumer goods offered by the supplier, stipulated between supplier and buyer in the context of a system of distance selling via telematic instruments organized by the Supplier.
  • The expression “Buyer” refers to the physical person who makes the purchase, referred to in this contract, for purposes unrelated to the commercial or professional activities carried out.
  • The expression “Supplier” refers to the the subject indicated in the epigraph.

 

 

  1. Object of the Contract

 

2.1With reference to this contract, respectively, the Supplier sells and the Buyer purchases at distance via telematic means, products indicated and diplayed for sale on the site https://joenephis.it following means and conditions which are better stipulated to follow.

2.2The products mentioned in point 2.1 areillustrated in the e-shop that can be found on the web page https://www.joenephis.it

 

  1. Terms and Conditions of Contract Stipulation

 

3.1 The contract between Sopplier and Buyer takes place exclusively via Internet following the access of the buyer to the website at hhps://www.joenephis.it , where, following the procedure indicated, the Buyer arrives at the point of formalising a purchase proposal for consumer goods as described in point 1 of the previous article.

3.2 The following provisions regulate commercial relationship between the Supplier and both Italian and foreign users of the e-shop https://www.joenephis.it (hereon E-shop) for the purchase of products offered via the E-shop (hereon Goods). Any eventual contractual conditions proposed by the Buyer and different from the following provisions, will not be applicable, except in the case that the Supplier has expressly accepted them in writing.

  1. a) The description of the goods available in the E-shop are complete and exhaustive. The Supplier is not responsible for eventual anomalies in product description made public by its dependents and agents or third-party retailers.
  2. b) The Supplier will act to guarantee that the E-shop service does not suffer any interruption. Even so, inactive time cannot be completely avoided. The Supplier reserves the right to vary or suspend the service at any time.
  3. C) The information contained on the aforementioned site is subject to change by the Supplier and contains only general information for use and of interest to the Buyer.
  4. d) The E-shop and Internet site of the Supplier makes use of cookies to monitor the preferences of the Buyer. Further information on the use of cookies can be found in the paragraph regarding privacy.
  5. e) Neither the Supplier nor third-parties guarantee the accuracy, the completeness, nor the validity of the information and material contained on the Internet site. The Buyer understands and accepts that the information and material contained in the said Internet site may contain imprecisions and/or errors, and with this said and within the limits of the law, exempts the Supplier from any responsability for such imprecisions and errors.
  6. f) The use of the information contained within the said site by the Buyer, is the express responsibility of the user and the Supplier will not be responsible, in any case, for the use made of this information by the Buyer. Moreover , the Buyer, is responsible for ensuring that the goods offered by the e-shop are effectively adequate and suitable for the needs of the Buyer, and that in no way does this responsibility extend to the Supplier.
  7. g) The said Internet site contains material that is the property of the Supplier or that the Supplier uses under a specific license. This includes, as an example and not exhaustively, design, graphics and the finished product of the site. This materiali s copyright and/or covered by other intellectual property rights. The reproduction of the site is therefore forbidden.
  8. h) The non-authorised use of the said Internet site could lead to a claim for compensation and/or constitute a criminal offence.
  9. i) The aforementioned site may contain links to external sites. These links are provided exclusively for the aid of the Buyer with the aim of providing further information to said Buyer. The Supplier accepts no responsibilty for the content of external links. The insertion of the links does not reflect a recognition nor the approval of the Supplier for the linked sites nor relative content.; this remains the sole responsibility of the operators of the links in question.

 

  1. Conclusion and Effectiveness of the Contract

 

4.1 The superficial use of the E-shop by the Buyer does not represent the conclusion of a contract between the Buyer and the Supplier and therefore does not give rise to any claim of a contractual or non-contractual nature towards the Supplier.

4.2 The Buyer must register on the site to access the E-shop, indicating a ‘username’ and ‘password’ (Access Code). The registration of the Buyer’s data is done with the aim of allowing the Supplier to manage the commerce and relative payment, and does not represent a final act of contract. In order to register correctly, a ‘username’ and password are required. It is prohibited for the Buyer to enter false and/or invented information in the preliminary phase of registration to the E-shop.

4.3. The buyer assumes the responsability for any activity, also by third parties, using his own access code and is obliged to immediately inform the Supplier of any eventual violation or theft of said access code by thirds.

4.4 The visualisation of Goods in the E-shop does not constitute a contractual prposal by the Supplier but merely an invitation to a proposal. The order sent by the Buyer, clicking on the ‘Complete Order’ button, found in the ‘Proceed with the Purchase’ section, constitutes a contractual proposal for purchase. After having received the order from the Buyer, the Supplier will send an e-mail communicating the receipt of the order and specifying the details of said order. (Confirmation of Receipt of Order). This confirmation has the sole aim of informing the Buyer that the order has been received and does not constitute an acceptance of the order. The commercial contract between the Buyer and the Supplier is considered complete onòly at the moment in which the Supplier communicates to the Buyer via e-mail that the order has been accepted and that the goods have been shipped (Shipping Confirmation)

4.5 The contract will not be considered perfect or complete between Supplier and Buyer where the above-mentioned procedure is not followed.

 

 

  1. Payments and Refunds

 

5.1 Every payment by the Buyer can be made using one of the methods indicated on the Supplier’s webpage , that is, on-line via credit card or  PayPal.

5.2 Every eventual refunf to the Buyer will be made using the same method with which the order was made, or via bank transfer to a current account, exercising the right to a refund as goverened by the specific clause of the present contract. This will be completed within a maximum of 30 days from the date in which the Supplier receives a request for refund.

5.3 All communication relative to payments are made via a dedicated line protected by an encryption system. The supplier guarantees the memorisation of this information via a level of security which is well above the levels expected by the current regulations on the protection of personal data.

 

  1. Shipping Details

6.1 The Supplier will endeavor to deliver the selected and ordered goods by means as stipulated on the website https://www.joenephis.it, as indicated in the confirmation e-mail cited in point 4.2. The “Express”delivery option is free in Italy, for other states consult the table in the section ‘Shipping and Returns’. It is not possible to deliver to a Post Office Box.

6.2 The Supplier will endeavor to process the order within four working days from receipt of the order. The courier service is operative from Monday to Friday from 9.00 to 17.00. The processing of orders received on Saturday, Sunday or on national holidays will commence on the first effective working day. With the exception of difficulties beyond the control of the Supplier, the goods will be delivered within five days of being handed to the courier service. This delivery time is approximate and not binding. The Supplier assumes no responsibility for situations arising from eventual delays in delivery. In the case of  a failure to deliver to the address indicated by the Buyer at the time of ordering, a second attempt will be made to the same address. If there is a further failure, the goods will be returned to the courier warehouse closest to the address indicated and a notice of non-delivery will be left for the Buyer with the necessary indications for collection.

6.3 The method, times and costs of shipping are clearly available and easily found on the site, https://joenephis.it/shipping.

 

  1. Prices

 

7.1 All prices of goods for sale and indicated in the E-shop are expressed in Euro.

7.2 All prices of goods for sale and indicated in the E-shop aretax-inclusive

7.3 The prices for each product are validuntil the date indicated in the catalogue.

 

  1. Availability of Goods

 

8.1 The Supplier guarantees the elaboration and dispatch of goods tempestively, thanks to its use ofa telematic system. It is able to update its electronic catalogue indicating the number of products available and unavailable, as well as delivery times for each product.

 

8.2. If an order exceeds the quantity available in the warehouse, an e-mail will be sent to the Buyer explaining that the product is unavailable but can be ordered for future purchase indicating estimated delivery times, asking for a further confirmation of the order.

8.3 The system will confirm as soon as possible the registration of the order via e-mail to the Buyer, as described in point 4.2

 

  1. Limitations of Liability

 

9.1 The Supplier declines all responsibility for disruptions caused by force majeure, in the case of inability to deliver an order within the times indicated in this contract.

9.2 The Supplier declines all responsability towards the Buyer, except in the case of intent or gross negligence, for disruptions and malfunctioning connected to the use of the internet outside of its or a sub-supplier’s control.

9.3 The Supplier is not considered responsible for damages, loss and costs to the Buyer following his misuse of the the contract, where the Buyer is guaranteed only the complete refund of the price paid and eventual accessory charges incurred.

9.4 The Supplier assumes no responsibility for eventual fraudulent or illicit use made by third parties of credit cards and other payment methods used for purchase, if it can show that all necessary precautions available to science and ordinary diligence were applied.

 

10.Liability for defect, proof of damage and reparable damages: obligations of the Supplier.

 

10.1 Pursuant to Articles 114 and ss. Of the Consumer Code, the Supplier is responsible for damages caused by defects in sold goods if it omits to communicate to the damaged party, within 3 months of the request, the identity and address of the producer or person who supplied the goods.

10.2 The said request, on the part of the damaged party, must be provided in writing and must indicate the product in question and the date and place of purchase; it should also include the offer in view of the product using the appropriate section found on the E-shop (“Complaint Form”), detailing the defect. The damaged item must be returned with the printed version of the Complaint Form.

10.3 The Supplier admits no responsibility for damaged products where the defect is due tothe conformity of the product,an imperative legal ruling or a binding provision, where the level of scientific or technical knowledge at the moment in which the product was put on sale, does not permit the product to be considered defective. The Supplier does not accept responsibility for damages incurred by third parties involved in its delivery. The Supplier admits no responsibility for damages incurred due to inappropriate use of the product , its alteration, normal use or negligence in the care of the product.

10.4 No compensation will be owed where the damaged party, aware of a defect in the product and any dangers it may cause, exposes itself to said damage.

10.5 In any case the damaged party must prove the defect and damage, and the direct connection between defect and damage.

10.6 The damaged party can ask for compensation for death or personal injury, or for damage to an item other than the damaged product, where the item is suitable for private use and is habitually used by the damaged person.

10.7 According to Art. 123 of the Consumer Code, compensation will only be available for measures which exceed the total of three hundred and eighty-seven euros (387 euros).

 

 

  1. Guarantees and Methods of Assistence.

 

11.1 The Supplier answers for any eventual defects to conformity that result within two years of purchase.

11.2 For the purposes of this contract, it is presumed that the goods comply with the contract, if where it is pertinent, the following conditions exist: a) they are suitable for the use which goods of a similar type are used for, b) they match the description given by the seller, c) they are of the quality and performance expected of a product of similar type, what the consumer expects from a such product and in the case of advertising, respect the specific characteristics publicised by the seller including the packaging.

11.3 The Buyer declines all rights should he fail to make claim to the Supplier within the two months from when the defect was discovered. The complaint is not considered necessary where the producer has acknowledged a defect in the product and has concealed it.

11.4 In any case, unless proven otherwise, it is presumed that a defect that reveals itself within 6 months of delivery was already present on that date, unless the product itself makes this unlikely or the defect is incompatible with such a consideration.

11.5 In cases of lack of conformity, the Buyer can request, without further costs, the repair or substitution of bought goods, a reduction in cost or the termination of the contract, unless the request results as being objectively impossible or results as being excessively expensive according to Article 130 comma 4 of the Consumer Code.

11.6 The request should be made in writing by registered post or by certified e-mail to the Buyer , who should indicate his availability to accept the request or his incapacity to do so, citing the reasons for this incapacity, within seven working days of receipt. The Buyer should indicate in the same e-mail , the method of shipment of the goods and the terms for  return and substitution of the defective item.

11.7If the repairs or substitution are impossible or excessively expensive , or the Supplier has not provided such repairs or substitution within the limits detailed above, or the said actions have caused unnecessary difficulties for the Buyer, the Buyer may ask for an acceptable reduction in cost or the resolution of the commercial contract. In this case, the Buyer should make formal request to the Supplier, who should reply within seven days of receipt of the said communication stating if this request is acceptable.

11.8 In the same communication where the Supplier accepts the request made by the Buyer, he is obliged to indicate the reduction in cost or the method for return of the goods. It is then the duty of the Buyer to communicate how he wishes the credit to be made.

 

  1. Obligations of the Buyer

 

12.1 The Buyer is committed to pay the cost of goods bought following the timings and methods indicated in the contract.

12.2 The Buyer is committed, once the purchase has been completed, to print and conserve the contract in use.

12.3 The information contained in said contract has, however, already been accepted by the Buyer at the moment of purchase.

 

  1. Right of Withdrawal

 

13.1 The Buyer reserves the right to withdraw from the contract, without any forfeit and without giving a motive, within 14 working days (fourteen), from the date of receipt of the purchase.

13.2 Where the Supplier does not fulfil his obligations regarding the said information on the existence, method and timings of return or collection of goods as cited in Article 52 of the Consumer Code, the Buyer may refer to the terms for the Right of Withdrawal which extends the said time-scale to 90 (nienety) working days from the date of the receipt of purchase.

13.3 Where the Buyer decides to avail of the right to withdrawal, he is obliged to communicate his intention via registered mail (with receipt) to Josephine S.r.l., Via Maestri del Lavoro 28/32 – 62012 Civitanova Marche (MC), or by fax to the number 0733 790024 o via registered e-mail info@joenephis.it provided that such communications are confirmed by sending a registered letter with return receipt to Josephine S.r.l Via Maestri del Lavoro 28/32 – 62012 Civitanova Marche (MC) within 48 (forty-eight) hours or via registered e-mail to josephine.pec@legalmail.it.

The return of the purchase can be considered a substitution of the above procedure provided it is done under the same terms. The date of sending of the post office oe courier service will acta s sufficient proof of procedure.

13.4 The redelivery of the goods should however be made within 30 (thirty) days of the original receipt. In order to validate a refund, the goods must be whole and in good state.

13.5 The only costs involved in this procedure are those of returning the goods to the Supplier, unless the Supplier acts to cover these costs himself.

13.6 The Supplier guarantees the refund of the entire cost of the goods on the condition that they are returned within 30 (thirty) days of the receipt of the notice of withdrawal.

13.7 With the aforementioned communication both parties are released from their contractual obligations, aprt from in the cases stipulated above.

 

  1. Legal Resolution.

 

14.1 The obligations pertaining to the Buyer in point 12.1, in addition to the obligation for payment by the methods cited in point 5.1, mirrored by the obligations pertaining to the Supplier in point 6, are part of an explicit agreement between the two parties , which only in exceptional cases will be broken. This agreement will conclude in the act of purchase without the necessity of a legal intervention.

 

  1. Protection of confidentiality and processing of buyer data.

 

15.1 The Supplier protects the privacy of his clients and guarantees that the treatment of data is covered by privacy law n.196, dated 30 June 2003.

15.2 Personal and fiscal data acquired by the Supplier are collected and treated in paper, telematic and informatic forms with the intention of registering an order and completing the necessary procedure as covered by the commercial contract and relative essential communications, in addition to legal requirements. Said collection is required to offer the best possible service as stipulted in the contract. (article. 24, comma 1, letter b of law 196/2003). In addition such data is used by the company mailing list to facilitate the sending of promotional and informative communications relative to new products and /or services. The data is stored on the company server. This data is used for explicit, legitimate and focused reasons, collected and treated in a correct and suitable manner. The responsibility for false and /or misleading information lies with the Buyer and no responsibility can be given to the Supplier.

15.3 The Buyer is obliged to treat such personal data with care and to not reveal such data to unauthorised persons. This data can only be revealed to judicial authorities or other legally authorised bodies.

15.4 Personal details will only be released, within the limits of the law, in order to complete the commercial contract , with the expectation that they are used exclusively for this purpose. In any case personal data may be trasmitted to third parties (societies and single persons) who carry out activities connected to the carrying out of the commercial activity of the Supplier.

15.5 The Buyer is covered by art. 7 of law 196/2003, and therefore has the right to a) update, rectify or integrate the data, b) cancel, transform into anonimity or block the treatment of data if used in an illegal manner, including the use of data for  means nort congruant with the original or successive treatment; c) certification that the data provided has been used for the means in which it was given, including use by third parties unless such certification proves to be impossible or excessive in relation to the need to protect the rights of the individual.The Buyer also has the right to refuse the treatment of data for publicity or sales reasons or for inclusion in market research and commercial communications.

15.6 The communication by the Buyer of personal data is a necessary condition for the correct procedure within the commercial contract. Its refusal negates the possibility for the Buyer to proceed with the contract.

15.7 Said data will be conserved only for the time necessary to complete the commercial contract and the secure removal of this data is guaranteed.

15.8 The owner of personal data is the Supplier to which the Buyer can direct any request.

15.9 All communication to the Supplier via post (also electronic) including requests, suggestions, ideas, information, material etc, is not considered confidential and should not violate any rights nor be considered the responsibility of the Supplier.

 

  1. Contract Filing Method

16.1 Under Article 12 of Law 70/2003, the Supplier informs the Buyer that every order is conserved in digital/paper form on its server/ at the company address, following criteria of  confidentiality and security.

 

  1. Communications and Claims

17.1 Only communications and  eventual complaints sent via e-mail to info@joenephis.it will be considered valid. The Buyer must indicate in the registration section a valid address, telephone number and e-mail address where it wishes to receive correspondance from the Supplier.

 

  1. Copyright and Trademarks.

 

18.1 All published material on the sitehttps://www.joenephis.it including texts, documents, logos, images, graphics, videos, their layouts and updates are covered by laws on intellectual property and protected by copyright. It is not permitted to copy, alter, translate, distribute, use, archive, or publish this content on other sites without direct  written authorisation from the Supplier. Eventual material and contributions provided by third parties are covered by the same rights.

Downloading, viewing and printing of this site are permitted only for personal use and the user may not own any rights or  claims to the said material.

 

  1. Settlement of Disputes.

 

19.1 All disputes arising from the present contract will be passed to the judicial authorities. The competent court for the treatment and definition of aforementioned disputes will be the place of residence chosen by the Buyer, a right covered by Article 33, comma2, letter u of the Consumer Code. However where the Buyer, contrary to what declared during the purchase, is not resident in Italy or has subsequently obtained residency outside Italy, or whose residency is unknown at the time of legal action, the place of contestation will be decided on a case by case basis.

 

  1. Applicable Law and Referral.

 

20.1 The present contract is regulated by Italain Law, including therein the Consumer Code and E-Commerce Law sas declared by Legislative Decree  no. 70 of 9 April 2003.

 

  1. Final Provision

 

21.1 Subject to the limits set by the Law, any claims made by the Buyer caused by a violation of contractual obligations and/or other obligations expected of the Supplier, are null and void in the event of natural or man-made disasters,  including but not limited to mobilisation, war, revolts, fire, accidents, strikes, import/export imbago.

21.2 The failure of the Supplier to maintain the conditions of the present contract does not implicate a waiver of such conditions nor his future obligations to do so. The Buyer is, therefore not removed of his own contractual obligations nor the punctual and complete execution of said obligations.

21.3An invalid or ineffective clause in this contract does not represent the invalidity or ineffectiveness of the entire contracy, which therefore continues to be considered valid and effective. The two parties undertake to negotiate with good will to substitute the invalid or ineffective clause in order to ripristine a contract that falls within legal conformity.

21.4 Modifications and integrations to the present contract must be made in written form. All communications and declarations regarding the present contract must be made in writing and sent to the Supplier at the above address and to the Buyer at the address indicated for the delivery of goods.

21.5 The present contract repeals and substitutes every previous agreement, understanding, deal, written or verbal, made between the two parties concerning the contract in object.