Terms and conditions
General Terms and Conditions for Online Sales
The company E-Lucente S.r.l., situated in 39011 Lana, Zona Industriale 6, VAT 02787380217, email:. Info@e-lucente.com, Tel +39 0473 247223, Fax +39 0473 245923, in person of its legal representative Mr. Alfons Alber (below “Seller”);
- The seller operates the Internet site www.e-lucente.com (below “website”);
- The website is determined for business transactions between businesses and consumers (B2C;
- By the term “ General Terms and Conditions for online sales “is meant the contract for products from the seller , which is concluded between it and the buyer under an organized distance-selling scheme.
- That the trademark and logo of the website are the exclusive property of the seller;
- That these terms and conditions regulate the online sale between the E – Lucente Srl and the buyer who declares explicitly that he makes the purchase for purposes not related to his eventual business or professional activity;
- That these preliminary observations are an integral and essential part of the contract;
is agreed as folows:
1. Subject Matter
1.1. These terms and conditions are provided to the purchaser in accordance with Art. 12 of the Legislative Decree no. 70 of 9 April 2003 for playback and storage service. They contain the buying of products at a distance on the website of E-Lucente Srl, domiciled in 39011 Lana, Zona Industriale 6, VAT 02787380217, email: firstname.lastname@example.org;. T +39 0473 247223 F +39 0473 245923.
1.2. With this contract, the seller sells and the buyer buys, at distance, the products listed on the seller's website and offered for sale.
1.3. The major characteristics are described on the website of the seller. Pictures about the products do not reflect the properties of the products.
1.4. The seller undertakes to selected products – if available – against payment of the corresponding amount pursuant to Article 3 to deliver this contract.
2. Approval of the Terms and Conditions
2.1. All orders done by the buyer, after registration on the website and entering with ID and PW to a protected area, are transferd to the seller.
2.2. These terms and conditions are before completing the ordering process from the buyer to check “online”. The submission of the order by the buyer assumes the extensive knowledge of these conditions and their complete acceptance.
2.3. The buyer who received the confirmation of his order by electronic transmission, committed to maintaining full acceptance of business and payment conditions described below and in compliance with its business relationships with the seller; he explains that he has realized all information provided by the seller within the meaning of the abovementioned provisions and accepted, and he also notes that the seller is not bound by any terms to the contrary, unless they have been agreed in advance in writing.
2.4. To accept the Terms and Conditions all sections of the online form must be filled out completely and accurately, by following the instructions on the screen and finally the adoption of the box “Acceptance of the terms and conditions and privacy information”.
3. Ordering Options and Selling Prices
3.1. The existing products and prices on the website are given in Euros. They are always guidelines which must be specifically confirmed by the seller by an e-mail, the order is accepted.
3.2. The pricing-information published on the website or in other sections of the website are inclusive of VAT and do not include taxes, duties or customs fees which can be applied in the country of arrival of the products – provided that this should not be Italy.
For deliveries to Germany, Austria and Italy the shipping costs are always calculated at entering the online order and indicated clearly visible. For deliveries in all other countries, the buyer can directly contact the seller by the e-mail address email@example.com. The total cost for shipment to the buyer's address must be paid always by the buyer, except in the case of exemptions and derogations, which will be announced on the website in accordance and / or notified by e-mail. The costs will be communicated to the buyer in any event before the order confirmation.
3.3. The receipt of the order is not binding for the seller, as long as it has not explicitly accepted the order by e-mail. After the seller has checked the availability of the ordered product, he confirmed the formal adoption of the resulting order by e-mail.
3.4. The buyer gives the seller the right to express that order even partially to assume (for example, if not all products ordered are available). In this case, the contract is deemed to actually sold goods shall be completed.
4.1. The on the website completed contract is concluded at the time at which the buyer receives the formal order confirmation via e-mail, with this the seller accepts the buyer's purchase order and tells him that he can execute the order. The agreement is concluded at the place where there is the legal domicile of the seller.
5. Payment Terms
5.1. Payments of the buyer may be done only in the following forms: cash, cash advance by bank transfer or online payment with credit card or PayPal.
a) Payment of the bill when you pick up the goods in the warehouse without additional shipping costs.
b) Pre-payment by bank transfer: The payment is made on the account of the E-Lucente S.r.l., South Tyrolean People Bank Lana, Tribusplatz 17, 39011 Lana, IBAN: IT31A0585658490042571272803; SWIFT / BIC code: to make BPAAIT2B042. The goods are brought to shipping after confirmation of receipt payment.
c) Online payment by credit card: The payment can be done with the following credit cards: Visa, MasterCard. The amount to be paid will be charged for completion of the order. It should be noted that the bank may require you to enter a PIN code or a password during the payment process with Visa or MasterCard. If the PIN code or password is not known, contact your bank.
d) Payment with Paypal.
6. Delivery terms
6.1. The shipment of the ordered goods takes place according to the following procedure:
a) the buyer will personally pick up the goods at the registered office of the seller, without having to pay additional shipping costs;
b) the seller will sent out the preceding articles, by carriers or courier services of confidence to the address specified by the buyer. Delivery is usually within 3-5 working days from receipt of payment, as indicated in the e-mail confirmation will be sent to the buyer. If the seller should not be able to carry out the delivery within this period, but in any event within 30 days of the conclusion of the contract, the buyer is pointed out in good time by e-mail. The ordered goods are in any case shipped after receipt of payment, which is why the aforementioned delivery period runs only from that date.
6.2. If the buyer should be absent, will leave a notice with the necessary information to the courier or shipping agent to contact you to arrange the delivery.
6.3. The seller is not liable for the delay or the lack of delivery of the goods in the case of inaccurate or incorrect address data specified by the buyer.
6.4. When you receive the goods, the buyer must ensure that the product delivered complies with the order; until after that review, he must sign the delivery documents, subject to the measures provided for in Art. 10 of the Terms and Conditions right of withdrawal. The right of withdrawal is excluded, if the sold goods to the buyer was made “to measure”.
7. Limitation of Liability
7.1. The seller assumes no liability if the goods are delayed or not delivered cause of force majeure, such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods or other similar events, the timely execution of the contract entirely or partially prevent due.
7.2. The buyer can not be held liable the seller for lying beyond his control malfunctions or interruptions in connection with the use of the Internet, unless in case of intent or gross negligence on the part of the seller.
7.3. The seller is not liable to Parties or third parties for damages, losses and costs due to the non-execution of the contract for the reasons mentioned above and the consumer is only entitled to a refund of the price paid may.
7.4. The seller is not liable for any fraudulent and illegal use of credit cards, checks and other means of payment by third parties in the payment of the ordered products, if he can demonstrate that he met on the current knowledge and experience and with the necessary care all possible precautions has.
8. Warranty and Customer Service
8.1. The seller sells only original products of high quality. If you have questions, complaints or suggestionsyou can contact firstname.lastname@example.org. To a speedy processing of the issues to ensure complaints or suggestions, the buyer should preferably describe the problem precisely and, where appropriate, submit order forms to copy or specify the order number, customer number, etc.
8.2. In conformity defects, the provisions of Legislative Decree. 206 of 6 September 2005 found application. The seller is therefore liable for a period of 2 years from the transfer of goods for defects which already existed at the time of sale. Any defects must be reported within 30 (thirty) days after they were discovered, otherwise the buyer loses the warranty.
8.3. The warranty is valid only for the products mentioned in the Legislative Decree no. 206 of 6 September 2005.
9. Obligations of the buyer
9.1. The buyer agrees to pay the purchase price for the ordered goods in the time and form specified in the contract.
9.2. After completing the ordering process, the buyer accepts these terms and conditions, which he has in a mandatory step already consulted when ordering and accepted, and the product specifications of the ordered product must be printed and kept to the called of 6 September 2005 in the Legislative Decree no. 206 condition fully meet.
9.3. It is strictly forbidden to the buyer, when registering on the online form to enter false and / or invented and / or fantasy data. The personal details and the e-mail address only their own real information and not those of third parties or invented persons may be indicated. The buyer assumes full liability for the accuracy and truthfulness of the information provided in the registration form at the end of the ordering process.
9.4. The buyer holds the seller harmless from any liability for the issue of incorrect tax documents because of incorrect information provided by the buyer, who is solely responsible for the correct data entry.
10.Right of withdrawal according to Legislative Decree no. 206/2005
10.1. The right to withdrawal applies only to the products referred to in Legislative Decree no. 206 of 6 September 2005.
10.2. The buyer may withdrawal from the concluded contract without penalty and without giving any reason within 14 (fourteen) days of receipt of the goods ordered.
10.3. If the purchaser intends to exercise his right of withdrawal, he must notify the seller under the No. 21 / 2014 enclosed standard withdrawal form used in Annex I, Section B of the Legislative or otherwise send an explicit and clear explanation regarding its decision to revoke the contract. The burden of proof with respect to the intended exercise of the right lies with the buyer. To exercise the right of withdrawal, the return of the ordered goods is within the same period and in the manner set out in Art. 12, replace the delivery of the abovementioned notification. The date of delivery to the post office or to the forwarding agent.
10.4. The return of the goods must be made without any delay and has in any case, given the latest within 14 (fourteen) days from the date on which to revoke the buyer to the seller's decision to contract. A claim for refund of the full purchase price exists only if the goods are returned undamaged and in any case in such a condition, which can occur due to a proper review of the nature, the characteristics and functioning of the goods.
10.5. The buyer can assert no right of withdrawal in the supply of goods that are produced according to customer specifications or clearly tailored to personal needs.
10.6. In exercising the right of withdrawal pursuant to the provisions of this article, the buyer responds for the costs of return of the goods to the seller.
10.7. The buyer, who exercises his right of withdrawal as intended, the sums already paid, except for the additional costs incurred because the buyer has expressly opted for a type of delivery other than the seller offered expensive type of standard delivery, refunded. The reimbursement of costs is carried out without delay and in any case within 14 days from the date on which the seller of the decision of the buyer to exercise the right of withdrawal has been informed. However, the seller may withhold the reimbursement until he has received the returned goods, or until the purchaser has furnished proof that he has sent back the goods, whichever is the earlier, unless the seller has offered, pick up goods themselves.
10.8. After receipt of the notification in which the buyer to the seller announces the exercise of the withdrawal, the parties are released from their respective obligations; the provisions of this Article shall remain unaffected.
11. Express termination clause
11.1. The obligations provided to the buyer in Art. 9 are essential for this contract. Therefore, it is expressly agreed that the failure even of one of these obligations – insofar as this is not due to chance or force majeure – lead to the cancellation of the contract according to article 1456 of the Ital. Civil Code without the need for a court order is required.
12.1. Except as expressly mentioned or established by law cases, the communications between the seller and buyer occurs by e-mail to the respective e-mail addresses that are considered by both parties as a valid means of communication and their use can not be censured in court alone due to the fact that they are electronic documents.
12.2. Written communications to the seller as well as any complaints are only valid if they are transmitted to the address E-Lucente GmbH, 39011 Lana, Zona Industriale 6; VAT 027873802017, by e-mail to email@example.com, by phone to the number +39 0473 247223 or by Fax +39 0473 245923.
12.3. Both Parties may amend their e-mail address for the purposes mentioned in this article at any time if they notify the other Party in accordance with the mentioned in the above paragraph forms immediately.
13. Processing of personal data
13.2. The seller protects the privacy of clients and ensures that the data processing complies with the privacy statement based on Legislative Decree no. 196 of 30 June 2003.
13.3. The personal and tax data acquired by the seller as for data processing directly and / or through third parties are recognized and processed depending on the manner of processing in hard copy or in electronic and telematic form for the following purposes: registration of the order, carry out the procedures for the execution of the contract and the messages related, compliance with any legal obligations as well as ensuring the efficient management of business relationships in the required manner to provide the required power as possible (art. 24, para. 1, letter. b, Legislative no. 196/2003).
13.4. The seller undertakes to handle the transmitted data and information from the buyer confidence and not make unauthorized access nor to use for other than the intended purposes or to third parties. These data will be disclosed only at the request of the judicial authorities or other authorized by the law authorities.
13.5. Personal data are transmitted only to persons who are entrusted with the implementation of the necessary activities for the execution of the contract and who have previously signed an undertaking to maintain the confidentiality of this data. The transmission of data is solely for this purpose.
13.6. The purchaser is entitled to the rights mentioned in article 7 of Legislative Decree 196/03, including the right:
a) the updating, rectification or, where interested, to require the integration of data;
b) to demand that illegally processed data be deleted, made anonymous or blocked; This also applies to data whose retention for the purposes for which they were collected or subsequently processed is not necessary;
c) to obtain a confirmation that the operations described in letters a) and b), also regarding their content, have been communicated to those to whom the data, or where they were disseminated, unless this requirement proves impossible or the use of means in relation to the right being protected large. The person concerned has also the right to completely or partially:
i) the processing of personal data that concern them, to oppose for legitimate reasons, even though pertinent to the purpose of collection;
ii) the processing of personal data that they concern him, when it is carried out for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
13.7. The announcement of the own personal data by the purchaser is a necessary prerequisite for the proper and timely execution of the contract. Otherwise, the order of the buyer can not be handled.
13.8. The data obtained will not be kept in any case, apart from the time, which is for the purposes for which they were collected or subsequently processed, necessary. Their removal is carried out in a safe manner.
13.9. Owner of the collection and processing of personal data is the seller, at the headquarters of the buyer can direct his inquiries and requests.
14.1. For disputes arising from or in connection with this agreement, the parties try to find a fair and amicable solution.
14.2. If a dispute can not be settled amicably, and in any case within six months after its arise, it is submitted in accordance with Legislative Decree No. 206/05 on the court in the district where the purchaser resides. If it is not a final-consumer the court of Bolzano is competent for all disputes in deviation.
15. Applicable law and legal reference
15.1. The present contract is governed by Italian law.
15.2. So far as not explicitly specified otherwise, the legal provisions that are applicable for the measures provided for in this contract business and business cases apply, and in any case the provisions of the Italian Civil Code and the Legislative Decree. 206 of 6 September 2005 (Consumer Code.
16. Final Provisions
16.1. This agreement cancels and replaces all previous written and oral agreements, understandings and negotiations of the Parties regarding the subject matter hereof.
16.2. The possible ineffectiveness of individual provisions does not affect the effectiveness of the total contract.
16.3 These terms and conditions are written in Italian, German and English. The Parties agree that in the event of difficulties of interpretation of the text is regarded in Italian as authentic and effective.
GIVE CONSENT ABOUT WEB
By ticking the box “I agree” you agree to abide. Please turn on the printer to obtain a copy of these contract terms.
ACCEPTANCE OF TERMS AND CONDITIONS BY BUYER
In accordance with Article 1341 and 1342 of the Civil Code Art explains the buyer that he has read the contract carefully and expressly agrees to the following provisions:
Art. 3 (Order modalities and selling prices)
Art. 4 (Conclusion)
Art. 6 (Delivery method)
Art. 7 (Limitation of Liability)
Art. 8 (Warranty and Customer Service)
Art. 9 (Obligations of the buyer)
Art. 10 (Right of withdrawal in accordance with Legislative Decree no. 206/2005)
Art. 11 (Express termination clause)
Art. 14 (Jurisdiction)
Art. 15 (Applicable law and law reference)
Art. 16 (Final Provisions).