The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Identification of the Supplier The goods covered by these general conditions are offered for sale by Enerimonsters with headquarters in via Castagnola, 10/6 registered with the Chamber of Commerce of Genoa VAT number 02656510993, CF n. PTRDNL70L67D969D hereinafter referred to as "Supplier", certified e-mail address firstname.lastname@example.org
1 . Definitions
1.1 . The term "online sales contract" means the sales contract relating to the tangible movable property of the Supplier, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by Supplier.
1.2 . The term "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3 . The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.
2 . Object of the contract
2.1 . With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible goods indicated and offered for sale on the website www.enerimonsters.it 2.2 . The products referred to in the previous point are illustrated on the web page www.enerimonsters.it
3 . How to stipulate the contract
The contract between the Supplier and the Purchaser is concluded exclusively through the internet by accessing the Purchaser at www.enerimonsters.it, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 1 of the previous article.
4 . Conclusion and effectiveness of the contract .
4.1 . The purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at www.enerimonsters. it and the subsequent sending of the form / module itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased good, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2 . When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
5 . Methods of payment and refund .
5.1 . Any payment by the Purchaser can only be made by means of one of the methods indicated in the specific web page by the Supplier.
5.2 . Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by clause 13, point 2 and following of this contract, no later than 60 days from the date on which the Supplier became aware of the withdrawal.
5.3 . All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
6 . Delivery times and methods
6.1 . The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2 . Shipping times may vary from the day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.
6.3 . Shipping methods, times and costs are clearly indicated and highlighted at www.enerimonsters.it
7 . Prices
7.1 . All sales prices of the products displayed and indicated on the website www.enerimonsters.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2 . The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any ancillary charges (for example: customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the buyer and also contained in the web page summarizing the order placed.
7.3 . The prices indicated for each of the goods offered to the public are valid until the date indicated.
8 . Availability of products
8.1 . The Supplier ensures through the electronic system used the processing and fulfillment of orders within the pre-established times. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2 . If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3 . The Supplier's computer system confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail, in accordance with point 4.2.
9 . Limitation of Liability
9.1 . The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract.
9.2 . The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3 . Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
9.4 . The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if he proves that he has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 . In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
10 . Liability for defects proof of damage and compensable damages: the obligations of the Supplier
10.1 . Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
10.2 . The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3 . The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4 . No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5 . In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
10.6 . The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7 . Damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11 . Guarantees and methods of assistance
11.1 . The Supplier is liable for any lack of conformity that occurs within the expiry date of the goods.
11.2 . For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
11.3 . The Buyer loses all rights if he does not report the lack of conformity to the seller within 14 days from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4 . In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 14 days of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.5 . In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 . The request must be sent in writing, by registered letter with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 14 ( fourteen) from receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7 . If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 . In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Supplier.
12. Buyer's Obligations
12.1 . The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2 . The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3 . The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
13. Right of withdrawal
13.1 . In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2 . In the event that the Supplier has not satisfied the information obligations on the existence, methods and times for returning or collecting the goods in case of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 14 (fourteen) days and runs from the day of receipt of the goods by the consumer.
13.3 . If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address via Castagnola 10/6, 16147 Genova by e-mail to the e-mail email@example.com , provided that such communications are confirmed by sending a registered letter with return receipt to the address via Castagnola, 10/6, 16147 Genoa within 48 (forty-eight) hours after sending the email or by certified email to the address and -mail firstname.lastname@example.org. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the parties.
13.4 . The return of the goods must in any case take place at the latest within 14 (fourteen) days from the date of notification to the supplier. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact with label and tag and with the original packaging, in any case, in a normal state of conservation.
13.5 . The Buyer cannot exercise this right of withdrawal for contracts for the purchase of goods made to measure or clearly personalized.
13.6 . The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.
13.7 . The Supplier will refund the entire amount paid by the Buyer free of charge within 14 (fourteen) days of receipt of the product by the Buyer.
13.8 . With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.
14. Causes for Termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
15. Protection of confidentiality and processing of the Buyer's data
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 1961. 1 General provision of the Guarantor for the protection of personal data Simplification of certain public and private obligations with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette of 1 July 2008, no. 152. 2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142.
15.2 . The personal and fiscal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods, with the aim of registering the order and activating the with him the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b), Legislative Decree 196/2003) 22.
15.3 . The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
15.4 . Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5 . The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part, for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6 . The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
15.7 . In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8 . Owner of the collection and processing of personal data, is the Supplier, to whom the buyer can address any request at the company headquarters.
15.9 . Anything sent to the e-mail address (including electronic) of the Supplier (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Supplier cannot be attributed any responsibility for the content of the messages themselves.
16. Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital form on the server at the server's headquarters, according to criteria of confidentiality and security.
17. Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: via Castagnola 10/6, 16147 Genova or sent by e-mail to the following address email@example.com. The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
18. Settlement of disputes
18.1 . All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Genoa Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
18.2 . If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of the code cons.
19. Applicable law and reference
19.1 . This contract is regulated by the Italian law.
19.2 . Although not expressly provided here, the laws applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons.
Final clause This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.