1. Whereas 1.1 These General Conditions of Online Sale (hereinafter the "GCS") govern the contract (hereinafter the "CONTRACT") for the sale of the products (hereinafter the "PRODUCT" or the "PRODUCTS") on the website www.laprimula. biz (hereinafter the "SITE"), owned by the company La Primula s.n.c. di Premoli Mattia & C. with legal and administrative headquarters in Treviglio (BG) in via Pontirolo 18/C, VAT number and tax code 04071860169 and purchased electronically by users of the SITE (hereinafter the "CUSTOMER"). 1.2 Articles 7. Right of withdrawal and 8. Products of these GCS are applied only and exclusively if the CUSTOMER qualifies as a "consumer" pursuant to art. 3, co. 1, lit. a), of Legislative Decree no. 6 September 2005 no. 206, namely "the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out". 1.3 The forwarding of a purchase order for one or more PRODUCTS of the SITE by the CUSTOMER implies acceptance of these GCS by the CUSTOMER himself. 2. Effectiveness and modification of the GCS 2.1 The GCS applicable to the sale of the PRODUCTS are those published on the WEBSITE on the date of the order of the PRODUCTS. The CUSTOMER can easily memorize these GCS on a durable medium and reproduce them on paper by printing. 2.2 The GCS may be modified and any modifications and/or additions will be effective from the moment of their publication on the WEBSITE. The CUSTOMER is therefore required to periodically check the publication of the most updated GCS. 2.3 Some sales campaigns, based on the specificity of the PRODUCTS, may be subject to particular conditions of sale in addition to these GCS. These particular conditions, if foreseen, will be accessible and viewable in the "description" section of the specific showcase via a specific link. By purchasing the PRODUCT of these sales campaigns, the CUSTOMER accepts, in addition to these GCS, also the relative special conditions. 3. Sales procedure 3.1 The offer of the PRODUCTS presented on the SITE is subject to their effective availability. Payment can be made by credit card or PayPal. The charge will be made within 12 hours after the CUSTOMER sends the order confirmation. 3.2 In the event of multiple orders, as many CONTRACTS as the PRODUCTS ordered will be understood to be stipulated. The effectiveness of each CONTRACT is subject to the effective availability of the PRODUCT, as specified in the following art. 4.2. 3.3 The essential characteristics of the PRODUCTS, including the price including VAT and the shipping costs, can be viewed and known by the CUSTOMER at a time prior to the conclusion of the CONTRACT and the making of the payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the technical sheet of the PRODUCT itself where La Primula s.n.c. in addition to the description and characteristics of the PRODUCT, it will also publish, if possible, photographs and/or videos for the sole purpose of providing a representation of the PRODUCT. 3.4 Once the purchase order has been received, La Primula s.n.c. will send the CUSTOMER the receipt of the order containing a summary of the information relating to the sale and will proceed with the execution of the purchase order, without prejudice to the provisions of the following art. 4.2. 3.5 The prices indicated on the SITE do not include any taxes, duties and taxes applicable in the country of destination of the products and/or services where this is different from Italy. These costs, which differ from country to country, are borne by the CUSTOMER, who is responsible for verifying the amount with the competent customs authorities. 3.6 Starting from 12 December this year, La Primula s.n.c. will not be able to guarantee the delivery of orders by Christmas day (December 25) due to the overload of work of the couriers due to the Christmas holiday period. 4. Rights and obligations of La Primula s.n.c. 4.1 La Primula s.n.c, without prejudice to the provisions of the following art. 4.2, undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order or, if provided, by means of the carrier in charge of transporting the PRODUCTS themselves. La Primula s.n.c. cannot be held responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase order by the CUSTOMER. La Primula s.n.c. moreover, it cannot be held responsible for delays in delivery attributable to the CUSTOMER. Delivery is made by express courier; PO Boxes are not considered valid addresses for delivery purposes. 4.2 La Primula s.n.c. reserves the right to communicate to the CUSTOMER, within 15 days of the purchase to the email address associated with the CUSTOMER, the possible non-availability of one or more of the PRODUCTS purchased. In this case, La Primula s.n.c. will refund the price (to the payment card or bank account or Pay Pal indicated by the same for the purchase). Exclusively on the proposal of La Primula s.n.c. and subject to agreement with the CUSTOMER, La Primula s.n.c. may send a PRODUCT other than the one ordered and of equivalent value. 4.3 The prices of the PRODUCTS sold on the WEBSITE include VAT and are prices charged to the public by the individual merchant. La Primula s.n.c. reserves the right to modify them at any time. However, any changes to the prices of the PRODUCTS will not be effective against the CUSTOMER who has already forwarded an order. 4.4 The Seller undertakes to do everything necessary to respect the shipping times, but in no case can he be held responsible for damage or inconvenience caused by any delivery delays attributable to the carrier. 5. Rights and obligations of the CUSTOMER 5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to La Primula s.n.c., and, in the event of registration, undertakes to promptly communicate any changes to the data entered in the "My Account" section of the SITE . 5.2 The CUSTOMER, upon confirmation of the purchase order a) confirms having read, understood and accepted the GCS; b) confirms the truthfulness of the data entered and that he is of legal age; c) authorizes La Primula s.n.c. to the processing of personal data communicated at the time of purchase in accordance with the Privacy Policy. 5.3 The CUSTOMER undertakes, once the purchase procedure on the WEBSITE has been completed, to provide for both the saving of an electronic copy and the printing of the CONTRACT and the GCS for the purpose of their conservation, as indicated in the previous art. 2.1. 5.4 A summary of the order and of the products purchased will be automatically sent to the CUSTOMER via e-mail at the conclusion of the purchase order. 5.5 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transport, the CUSTOMER must check, in the presence of the carrier: a) that the quantity and type of PRODUCTS ordered correspond to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the sealing materials; c) that the quantity and type of PRODUCTS delivered correspond to what was ordered. Any anomalies or discrepancies with the order must be reported immediately to the carrier upon receipt of the PRODUCTS, by means of a specific annotation in the transport document. 5.6 For support or complaints relating to the PRODUCTS purchased, the CUSTOMER may contact La Primula s.n.c. to the contact details indicated on the SITE under the heading "CONTACTS". 6. Use of the SITE 6.1 La Primula s.n.c. assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as they do not depend on his will, such as, by way of example: a) errors, delays or impossibility in accessing the SITE by the CUSTOMER during the execution of the sales procedure; b) errors, delays or impossibility in the receipt, by the CUSTOMER, of the communications sent by La Primula s.n.c. in relation to the sale of the PRODUCTS. 7. Right of withdrawal 7.1 Pursuant to articles 52 and following of the Consumer Code, the CUSTOMER has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, in the terms and with the methods indicated in this article, but without prejudice to the exceptions referred to in article 59 of the Consumer Code (as detailed in point 8.5). The CUSTOMER is therefore informed of the fact that for the type of product that can be purchased on this Site the right of withdrawal never applies, as indicated in point 7.5). 7.2 The CUSTOMER may exercise the right of withdrawal by informing La Primula s.n.c. before the expiry of the withdrawal period by explicit declaration of the decision to withdraw from the CONTRACT to be sent by mail (the postmark will be proof) to La Primula s.n.c., Via Pontirolo 18/C -24047- Treviglio (BG), specifying name and surname, order number, date of order and date of receipt of the PRODUCT. La Primula s.n.c. will possibly communicate the confirmation of the impossibility of exercising the withdrawal in the cases provided for by art. 7.5. For convenience, it is possible to download the model withdrawal form pursuant to letter h, paragraph 1, Legislative Decree 21 February 2014, no. 21 7.3 In case of exercise of the right of withdrawal, the CUSTOMER is required to return the PRODUCT to La Primula s.n.c.. To this end, it is specified that: – the deadline for returning the PRODUCT is 14 (fourteen) days from the date of communication to La Primula s.n.c. of the intention to withdraw from the CONTRACT. For the purposes of calculating the term, the PRODUCT is understood to be returned when it is delivered to the post office or other accepting carrier; – the substantial integrity of the PRODUCT to be returned is an essential condition for exercising the right of withdrawal; – the costs of returning the goods (including shipping, packing and packing) to La Primula s.n.c. are charged to the CUSTOMER, who must send the PRODUCT duly packaged and packaged; La Primula s.n.c. does not accept damaged returns, but only if intact and in normal condition, kept with the use of normal diligence. The CUSTOMER must insert a copy of the transport document inside the packing box. 7.4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, La Primula s.n.c. will refund the sums paid by the CUSTOMER for the purchase of the PRODUCTS. The refund will be made free of charge, within 14 (fourteen) days from the date on which La Primula s.n.c. has become aware of the exercise of the right of withdrawal by the CUSTOMER using the same payment method used by the consumer. La Primula s.n.c. will withhold the refund due to the CUSTOMER for the return until receipt of the PRODUCTS. The CUSTOMER is only responsible for the decrease in the value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and functioning of the goods. La Primula s.n.c. declines all responsibility for any delays in crediting, which depend on the bank, PayPal or the type of card used for payment. 7.5 Pursuant to art. 59 co. 1 Legislative Decree 6 September 2005 n. 206 (Consumer Code), it is not possible to exercise the right of withdrawal, among others, in the following cases: – for PRODUCTS made to measure or clearly personalized; – for PRODUCTS which, by their nature, cannot be returned due to the risk of deteriorating or expiring rapidly; – for PRODUCTS that are not suitable for being returned for reasons of hygiene or related to the protection of health and that have been opened after delivery; The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the PRODUCT purchased. 7.6 Il diritto di recesso si intende esercitato correttamente qualora siano interamente rispettate anche le seguenti condizioni: -l’email di richiesta di avvalersi del diritto di recesso contenga il codice di ordine; -i Prodotti relativi all’ordine per il quale viene esercitato il diritto di recesso siano inviati al Venditore in una sola spedizione. Il Venditore, infatti, si riserva il diritto di non accettare prodotti di uno stesso ordine, resi e spediti in momenti diversi. 8. Products 8.1 The images and videos presenting the PRODUCTS accompanying the descriptive information are published on the SITE by way of example and have a purely representative function, taking into account the fact that the quality of the images (for example in terms of exact display of colours) may depend on software and IT tools used by the CUSTOMER when connecting to the SITE. However, the images and colors of the Products offered for sale may not correspond to the real ones due to the Internet browser and monitor used by the CUSTOMER. It is therefore understood that the Seller is not liable for any inaccuracies due to the malfunction of the device used by the CUSTOMER. The Seller reserves the right to modify the packaging of the Product at any time. The Seller pays the utmost attention to the correspondence between what is described and presented on the Site and what is reported on the label on the packaging of the Products. In any case, where differences are found, the label and instructions for use of the Product supplied with it will always prevail. 8.2 In case of lack of conformity of Products sold by La Primula s.n.c. the customer must immediately contact Customer Service. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the products. 9. Governing Law and Jurisdiction 9.1 These GCS, their validity, interpretation and execution are governed by Italian law. 9.2 For civil disputes in the event that the purchaser is a private person who acts for purposes unrelated to the exercise of his business or professional activity, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the territory of the state. In all other cases, the exclusive jurisdiction will be with the Court of Bergamo.
