General conditions of sale
Description of the Supplier
The following general conditions of sale apply to the goods made available for sale by Anonima Castelli s.r.l., with registered office and administrative headquarters in Viale M. Grigoletti 72/d, 33170, Pordenone, registered in the chamber of commerce of Pordenone – no. 100159 of the Companies Registration Office, tax code / VAT number no. 01733410938, hereinafter referred to as "the Supplier".
The Supplier can be contacted by email at email@example.com, by sending a registered letter to the address Viale M. Grigoletti 72/d, 33170, Pordenone, or else by calling (+39) 0434 1605974.
1) Terminology adopted
1.1 The term "online sales Contract" refers to the purchase Agreement relating to the Supplier’s tangible movable property. Such Contract, entered by the Supplier and the Buyer, is based on a distance sales system implemented by the Supplier, making use of dedicated IT tools; the Supplier reserves the right to propose a selection of items and also to exclude certain categories of products from the aforesaid remote sales activity.
1.2 The term "Buyer" refers to the consumer, a natural person who makes the purchase, as per this Contract, for purposes unrelated to any commercial or professional activity that he/she may carry out.
1.3 The term "Supplier" refers to the aforesaid body, described in the opening paragraph, that is the provider of the information services.
2) Purpose of the Contract
The purpose of this Contract is, respectively, for the Supplier to sell and for the Buyer to remotely purchase the tangible movable property displayed and made available for sale on the website https://www.anonimacastelli.com/it/shop.
3) Contract finalization process
The Contract between the Supplier and the Buyer can be finalized only and exclusively online, on the Internet. By accessing the website https://www.anonimacastelli.com/it/shop and following the procedures therein indicated, the Buyer shall formalize the Contract for the purchase of the goods referred to in article 1.
4) Finalization and validity of the Contract
4.1 The purchase Contract can be finalized as follows:
- Without registering on the website. The Buyer shall fill out the request form in all its parts and express his/her consent to purchase, which is to be submitted online and shall be followed by the acceptance of the pertaining general conditions of sale.
- By registering on the website and filling out the form available at https://www.anonimacastelli.com/it/shop, then submitting the form itself.
In both of these cases, the Buyer can at all times access and view a summary page of the purchase in progress, reviewing the following information:
• the personal details of the Buyer and of the purchase,
• the price of the purchased goods,
• shipping costs,
• promotions used (if any),
• the method of payment,
• delivery address for the goods,
• delivery time-frame.
The Supplier reserves the right to examine and confirm the acceptance of all orders. The Buyer shall be notified directly by the Supplier in case of any impossibility to accept an order.
4.2 Upon reception of an order from the Buyer, the Supplier sends the Buyer a (printable) confirmation email with the order summary and all the relevant data referred to in the previous article.
4.3 the Contract is not considered finalized and valid between the parties in default of anything indicated in the previous article.
5) Payment methods
5.1 Payment can be made by Visa, MasterCard and via PayPal.
To minimize the risk of unauthorized access, the credit card details will be encrypted. Upon reception of an order, we will pre-authorize the customer’s credit card in order to verify it has sufficient credit to complete the transaction. The customer’s card will be charged as soon as the purchased goods leave our warehouses. If PayPal is selected as payment method, the charge will be made as soon as the customer confirms the order. Please note: all payments made through this online platform, as well as (if necessary) any refunds to the customer, will be managed by Anonima Castelli s.r.l. by means of a bank transfer, as further explained in article 10.4.
Where it is not possible (for any reason) to charge the entire amounts due by the customer, the sales transaction is automatically canceled and the sale automatically terminated.
5.2 Payments relating to the purchase Contract can also be made in advance by bank transfer.
6) Delivery time-frame and methods
The Supplier shall deliver the products selected and ordered by the Buyer in accordance with the methods chosen by the Buyer or contextually indicated on the website at the time of the commercial offer, as per the confirmation email referred to in article 4.2.
7.1 All selling prices of the products displayed and referred to on the website https://www.anonimacastelli.com/it/shop are expressed in Euros and represent a public commercial offer pursuant to art. 1336 of the Civil Code.
7.2 The selling prices referred to in the previous article are inclusive of VAT and any other tax. The shipping costs, not included in the purchase price, shall nonetheless be declared and calculated during the purchase procedure before the order is submitted by the Buyer and shall also be stated in the summary page of the placed order.
7.3 The prices shown on the website are subject to possible variations and/or modifications operated by the Supplier without any obligation to give prior notice to the Buyer.
In the event that a sales Contract is finalized before the publication of the aforementioned modifications, but it is still in progress, it shall be subject to the prices in force at the time of reception of the order.
8) Product availability
8.1 By employing the designated telematic system, the Supplier ensures the processing and fulfillment of orders without delay. Any delays due to unpredictable events shall not attributable to the Supplier.
8.2 The Supplier's computer system shall confirm the correct registration of the order as soon as possible by sending the User a confirmation email, as per article 4.2.
9) Limitations of liability
9.1 In the event that the Supplier fails to execute the order within the timeframe agreed upon in the Contract, the Supplier shall assume no responsibility for this disservice if attributable to unforeseen circumstances of force majeure.
9.2 The Supplier shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for any disservices or malfunctions related to the use of the Internet attributable to circumstances beyond his/her control.
9.3 In the event of non-fulfillment of the Contract due to circumstances not attributable to the Supplier, the latter shall not be held liable for any damages, losses and extra costs to the detriment of the Buyer, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred.
9.4 The Supplier shall assume no responsibility for any fraudulent or illegal use of credit cards (or other means of payment) by third parties at the time of payment for the items purchased, and contextually offers customer support as per article 5.1.
10) Right of withdrawal
10.1 Pursuant to articles 54 and those following in the consumer code, the Buyer has the right to withdraw from the Contract he/she had entered, without any penalty and with no need to motivate the decision, within the term of 14 (fourteen) working days, starting from the day of reception of the purchased goods.
10.2 If the Buyer decides to exercise the right of withdrawal, he shall notify the Supplier via email at firstname.lastname@example.org or by sending a registered letter with return receipt to the registered office and administrative headquarters of the Supplier company.
10.3 In order to duly exercise the right of withdrawal, the Buyer shall comply with the following conditions and methods:
- The withdrawal may also be applied individually to each of the products included in a single sales Contract. However, the Buyer cannot exercise the withdrawal limited to a part of a single purchased product;
- All products for which the buyer has exercised the right of withdrawal shall be returned intact and duly packaged, preferably in the original packaging, accompanied by all accessories originally included in the products;
- In the event that a product for which the right of withdrawal has been exercised is delivered damaged to the Supplier, the latter shall only be required to notify the Buyer of this in order to allow him/her, where possible, to exercise the right to claim compensation from the carrier designated for the return of the products.
In no case shall the Supplier be liable for damage, theft or loss of the returned products, until the return procedure has been completed. The Buyer shall therefore bear all risks in this circumstance.
10.4 Once the integrity of the returned products has been verified, the Supplier shall refund the Buyer for the full amount paid for the products referred to in the sales Contract and subject to withdrawal, no later than 14 days from reception of the goods. The refund will be made by crediting the amount by bank transfer. The Buyer shall have previously completed the refund form. This form shall be filled out in all its parts and submitted by email to email@example.com or by registered mail to Anonima Castelli s.r.l., Via Pian Di Pan 61, 33080 Fiume Veneto (PN).
10.5 In the event that the Buyer violates, in whole or in part, the provisions relating to the right of withdrawal indicated in these general conditions, the sales Contract shall be considered valid and effective; the Supplier shall therefore ship back to the Buyer the products unduly returned, charging all shipping costs to the latter.
10.6 In exercising his/her right of withdrawal in accordance with this article, the Buyer will only have to bear the direct costs of returning the goods to the Supplier, unless the latter agrees to bear the aforesaid costs.
11) Warranty - Returns
11.1 Should the Buyer detect any discrepancies between the order placed and the goods received, and in particular, should he/she detect any issue concerning the integrity, correspondence or completeness of the products received, he/she shall promptly notify the Supplier via email at firstname.lastname@example.org or by sending a registered letter with return receipt to the registered office and administrative headquarters of the Supplier company. The Supplier shall communicate to the Buyer all the information necessary to remedy the issue and, where possible, shall ship any missing items, replace any defective items or else refund them. In no case shall the Buyer be charged for the return of defective or mistakenly received items.
11.2 The Buyer shall report to the Supplier any defects found in the products within the term of 2 (two) months from the date of the assessment of the products, under penalty of invalidation.
12) Contract archiving system
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that every order placed is digitally saved on the server and stored in paper form at the Supplier's premises, in compliance with criteria of confidentiality and security.
13) Communications, complaints and sending of advertising material
Written communications addressed to the Supplier and any complaints shall be considered valid only if mailed to Viale M. Grigoletti 72/d, 33170, Pordenone, or if emailed to email@example.com.
When filling out the registration form, the Buyer shall indicate his/her residence or domicile, the telephone number and the email address that the Supplier shall use to contact him/her.
14) Settlement of disputes
14.1 For the resolution of any disputes arising out of, or in relation to, this Contract – including those relating to its interpretation, validity, effectiveness, execution and termination – the Parties shall resort to mediation, in compliance with the provisions of the regulation for civil and commercial mediation related to the room in the Buyer's domicile.
14.2 If the Parties intend to apply to the ordinary judicial authority, the competent court shall be that relating to the place of residence or designated domicile of the Buyer, as mandated by art. 33, 2nd paragraph, letter ‘u’ of Legislative Decree no. 206/2005.
14.3 If the acquisition has been completed online through our web pages, in compliance with regulation no. 524/2013 of the EU, customers are advised of the opportunity to request an out-of-court resolution of consumer disputes at the following website: http://ec.europa.eu/consumers/odr/.
15) Applicable law and postponement
15.1 This Contract is under the jurisdiction of Italian law.
15.2 Any aspect not expressly indicated herein shall be considered subject to the law applicable to the relationships and cases provided for in this Contract, and in particular art. 5 of the 1980 Rome Convention.
15.3 Pursuant to art. 60 of Legislative Decree 206/05, the discipline described in Part III, Title III, Chapter I of Legislative Decree 206/05 is expressly referred to herein.
16) Final clause
This Contract nullifies and replaces any Agreement, settlement, negotiation, written or oral, previously formulated between the Parties and concerning the subject of this Contract.
17) Applicability of these conditions of sale
17.1 These general terms and conditions of sale apply to all products made available for sale by Anonima Castelli s.r.l. through the website https://www.anonimacastelli.com/it/shop. Customers are advised to thoroughly examine these conditions before completing an online purchase with Anonima Castelli s.r.l.It is therefore understood that the placing of a purchase order through the website implies full awareness of these general conditions of sale and their full acceptance.
17.2 These general conditions of sale are subject to occasional modifications, also in consideration of any regulatory changes. The updated general conditions of sale shall be considered effective from the date of their publication on the website https://www.anonimacastelli.com/it/shop.
18) Domain owner information
The domain owner is Anonima Castelli s.r.l. See the “Description of the Supplier” paragraph for complete information.