PREMISE
Le presenti Condizioni Generali di Vendita Online regolano i contratti di compravendita B2B eseguiti tramite modalità telematiche, dei prodotti presentati sul sito internet www.ituttoinlegastore.com owned by Onnicar S.r.l. (VAT number: 00988860011), with registered office in Turin (TO), Via Luigi Leonardo Colli n. 20, and operational headquarters in Corneliano d'Alba (CN), Corso Riddone n. 88.
These General Conditions of Online Sale are governed by the rules on electronic commerce (Legislative Decree no. 70/2003) and by Italian law and apply exclusively to Internet sales (Online Sales), in which the buyer is a person who buys for business or professional reasons and not for personal reasons.Onnicar S.r.l. makes itself available to provide Customers, as defined below, with any clarification regarding the content of these General Conditions of Online Sale:
- by phone * from Monday to Friday (8:00 - 12:30 and 13:30 - 17:00)
- by e-mail: ecommerce@onnicar.it
THE FOLLOWING IS STATED AND AGREED
1. Information about the Seller
Company name: Onnicar S.r.l.
Operational and administrative headquarters: Corso Riddone n. 88, 12040 Corneliano d’Alba (CN), Italy
Registered office: Via Luigi Leonardo Colli 20, 10129 Turin (TO), Italy
VAT number: 00988860011
C.C.I.A.A. REA N.: TO 424077
Share capital: Euro 104,000.00 fully paid up
2. Definitions
"Seller" is Onnicar S.r.l.;
"Customer" means any natural or legal person who places an Order, as defined below, in the exercise of their business, commercial, craft or professional activity;
"Parties" are the Seller and the Customer;
"Site" means the website www.ituttoinlegastore.com belonging to the Seller, through which the Customer can make online purchases;
"General Online Sales Conditions" are the rules governing the sales contract stipulated by the Seller and the Customer through the use of the website www.ituttoinlegastore.com;
"Profile" has the meaning attributed to this term in art. 4.3;
"Business Day" means any day of the week, with the exception of Saturdays, Sundays and public holidays in accordance with the law;
"Product" means any good or article described on the Site, which can be purchased by the Customer;
"Order" has the meaning attributed to this term in art. 5.3;
"Contract" has the meaning attributed to this term in art. 5.4.
3. Scope of application of the General Online Sales Conditions
3.1 All Orders to Onnicar S.r.l. made by the Customer through the website www.ituttoinlegastore.com are regulated by these General Conditions of Online Sale, formulated in accordance with current legislation on contracts concluded outside commercial premises. These General Conditions of Online Sale must be examined by the Customer before each purchase and are intended to be fully known and unconditionally accepted with the affixing by the Customer of the flag in the relevant field of acknowledgment and acceptance on the Site. Therefore, an indispensable condition for the purchase is the prior registration of the Customer on the website www.ituttoinlegastore.com, with simultaneous reading and acceptance of these General Conditions of Online Sale. By affixing the flag in the field of acknowledgment and acceptance referred to above, therefore, the Customer declares to have read, understood and accepted these General Conditions of Online Sale.
These General Online Sales Conditions prevail over any previous agreement in writing or verbal between the Parties and can only be waived by subsequent and specific written agreements.
3.2 Onnicar S.r.l. reserves the right to modify these General Online Sales Conditions at any time by publishing a new version on the Site. The applicable General Online Sales Conditions are those in force at the time the Order is placed.
3.3 The Customer can consult these General Conditions of Online Sale on the website www.ituttoinlegastore.com. The Customer may also print or save this document, using the normal functions of the program. It is also possible to download these General Conditions of Online Sale in PDF format and archive them ("File" -> "Save as"). To view the PDF file of these General Online Sales Conditions it is necessary to use the free Adobe Reader program (www.adobe.it) or other equivalent programs compatible with the PDF format.
4. Registration on the Site
4.1 To proceed with the Order of one or more Products, the Customer must first register on the Site and provide the Seller with all the necessary data to allow him to execute the Order. The Customer must pay the utmost attention to the correctness and completeness of the mandatory information provided. The Seller may request a certificate of incorporation, or other equivalent document, in order to determine the exact identity of the Customer.
4.2 The right to place the Order is exclusively reserved for Customers who have reached the legal age. The Customer undertakes to provide truthful data and to update them in case of modification, and declares to be aware that to proceed with the Order he must be at least 18 years old.
4.3 When registering on the Site, the system will provide a temporary password that the Customer must necessarily replace in order to proceed with the Order and use any other functionality of the Site. Both the temporary password and the one subsequently chosen by the Customer to replace the temporary one are strictly personal and confidential and must therefore not be disclosed to third parties. Entering the e-mail address put in by the Customer during registration in the appropriate fields on the Site, together with the chosen password, will allow the system to recognize the Customer and allow access to the personal area (also called " Profile ") and the use of all the features of the Site.
4.4 The Customer is solely responsible for protecting the confidentiality of the access credentials to his Profile and undertakes to use his Profile personally.
4.5 The Customer declares to be aware of the fact that all acts and facts with legal or economic effect carried out on the Site through his Profile will be attributable to him. He declares to take full responsibility for all orders placed through his Profile, even without his knowledge.
4.6 The Customer undertakes to immediately notify Onnicar S.r.l., at the address ecommerce@onnicar.it, of any unauthorized use of the access credentials to his Profile, as well as any other fact that violates its security.
4.7 In consideration of the above, Onnicar S.r.l. will not be held responsible in any way for any damage caused through the use of the Personal Profile or the access credentials to the Customer's Personal Profile by third parties, with or without the Customer's authorization, and regardless of whether the Customer is aware of it.
4.8 By registering on the Site, the Customer agrees to the processing of personal data in accordance with the privacy legislation (Privacy Policy).
4.9 Onnicar S.r.l. collects and uses the data provided by the Customer for the sole purpose of improving and completing the service offered. For example, to promote and provide the products and services of Onnicar S.r.l., to send and invoice the products and services requested, to evaluate the efficiency of Onnicar S.r.l. in order to better define development strategies or to communicate with the customer for other unforeseeable reasons.
5. Orders and Contract
5.1 The presentation of the Products on the Site constitutes an invitation to offer.
5.2 The Customer who wishes to purchase a Product on the Site must access his own Profile. After accessing his own Profile, the Customer can select the Products by inserting them in the "Virtual Cart", of which he can always view the contents before proceeding with the order. During the order formulation phase, and up to the forwarding of the Order, the Customer will be able to modify the Products inserted.
5.3 By clicking on "Send", the Customer will submit to Onnicar S.r.l. an irrevocable contractual proposal, pursuant to and for the purposes of articles 1326 and 1329 of the Italian Civil Code, concerning the Products contained in the Virtual Cart (the "Order"). By submitting an Order through the Site, the Customer undertakes to purchase the selected Products, in accordance with these General Online Sales Conditions.
5.4 The Customer's Order will be considered as a contractual purchase proposal addressed to Onnicar S.r.l. for the Products listed, each considered individually. Upon receipt of the Order, Onnicar S.r.l. will automatically send the Customer a message of taking charge of the Order itself ("Order Confirmation") containing the summary of the Products chosen by the Customer, the relative prices (including delivery costs), the Order number and the Conditions General Online Sales. The Order Confirmation does not constitute acceptance of the Customer's purchase proposal. By sending the Order Confirmation, Onnicar S.r.l. he only confirms that he has received the Order and that he has submitted it to the data verification process and the availability of the requested Products. The sales contract ("Contract") will be finalized only when Onnicar S.r.l. will send the Customer a separate e-mail with the express acceptance of the purchase proposal, which will also contain information relating to the shipment of the Products and the expected delivery date ("Shipping Confirmation"). In the event that the Order is processed through multiple shipments, the Customer may receive separate Shipping Confirmations.
5.5 Once transmitted to the system, it can no longer be modified or blocked: it is therefore the Customer's responsibility to verify the correctness of the Order before transmitting the contractual proposal to Onnicar S.r.l. by clicking "Submit".
5.6 In any subsequent communication to the Order, the Customer must use the Order number communicated by Onnicar S.r.l. in the Order Confirmation.
5.7 The Customer can view their Orders on the Site, in the "Order History" area.
5.8 The data recorded by Onnicar S.r.l. will constitute proof of the Order and of the entire transaction. The data recorded through the payment system will constitute proof of the financial transaction.
6. Availability of Products
6.1 In the event that one or more Products are no longer available, the Customer will be promptly informed by e-mail. The occurrence of this hypothesis will not give the Customer any right to withdraw from the Contract concerning the remaining part of the available products in the Order, but will only oblige Onnicar S.r.l. to reimburse the Customer the advance price for such Product / s no longer available within 30 (thirty) days from the last between the day following that in which the Order was sent and the day of receipt of payment.
6.2 In case of non-acceptance of the Order, the Customer will be promptly informed by e-mail and Onnicar S.r.l. will reimburse the Customer for advance payments of the price within 30 (thirty) days from the last day between the day following that on which the Order was sent and the day of receipt of payment.
6.3 The Customer accepts and acknowledges that, in the eventualities described in articles 6.1 and 6.2 above, Onnicar S.r.l. it will not be required to pay further sums, either by way of interest, or by way of compensation, or for any other reason.
7 Price
7.1 The prices of the Products indicated on the Site are expressed in Euros and are net of VAT.
7.2 The prices of the Products indicated on the Site do not include shipping costs and those related to the chosen payment method, which are identified and calculated based on the place of delivery and the payment method chosen at the time of the Order, of which the Customer reads before proceeding to forward the Order. The shipping costs of the Products and the costs relating to the method of payment are entirely to be paid by the Customer. Shipping costs are included in the invoice.
7.3 The prices of the Products published on the Site may be updated and therefore may undergo variations. The Customer will purchase the Products at the price published on the Site at the time the Order is placed.
7.4 The price of the Products and the shipping costs may vary depending on the country of delivery of the Products, due to different existing duties or customs duties and different transport costs.
7.5 Onnicar S.r.l. in any case reserves the right to cancel an order in the event of an obvious error in the system for calculating the prices of the Products and shipping costs or in the data. The cancellation of the Order will be promptly communicated to the Customer via e-mail. In such cases, the Customer will only be able to obtain reimbursement of advance payments of the price, in the manner indicated in art. 6 above, with the express exclusion, also by way of waiver, of any claim by way of interest and / or by way of compensation and / or for any other reason.
7.6 Onnicar S.r.l. reserves the right to carry out different promotions.
8. Delivery of Products
8.1 All the Products referred to in the Orders that have received the Shipping Confirmation will be shipped upon payment and the actual crediting of the full price, in the manner chosen by Onnicar S.r.l. and to the address specified by the Customer.
8.2 The expected delivery date indicated in the Shipping Confirmation will be purely indicative and not binding for Onnicar S.r.l..
8.3 Partial deliveries of the Products are allowed. The impossibility of execution of a partial supply, or the delay of it, does not give the Customer any right to withdraw from the contract concerning the entire Order, nor any right to compensation for damage.
8.4 For deliveries, Onnicar S.r.l. will use a carrier of his choice. Onnicar S.r.l. will ship the Product with the timing indicated in the Shipping Confirmation, which must in any case be understood as non-binding. With the return of the Products to the Customer or to the carrier, Onnicar S.r.l. frees itself from the obligation to deliver and all risks on the Products themselves pass to the Customer. Delivery times after shipment and any delays will not depend on Onnicar S.r.l., which in any case will contact the carrier for any problems related to delivery. In any case, the Customer, by accepting these Conditions of Sale, exempts Onnicar S.r.l. from any liability in this regard.
8.5 Without prejudice to the above, the delivery terms are in any case considered extended by law if causes independent of the goodwill and diligence of Onnicar S.r.l., including delays of subcontractors, prevent or make delivery excessively burdensome within the terms indicated.
8.6 The delivery terms are intended to be established in favor of Onnicar S.r.l .; therefore the Customer cannot refuse to take delivery of the Products before the established date.
8.7 Except as provided in the following art. 10, in case of failure to take delivery of the Products by the Customer due to a fact attributable to him or, in any case, for reasons beyond the control of Onnicar S.r.l., any costs of custody and storage will be charged to the Customer. The Customer authorizes Onnicar S.r.l. to charge the costs of custody and storage incurred due to delay in the delivery of the Products attributable to the Customer, by charging the amount due to the credit card indicated as a method of payment by the Customer on his / her Profile. If the Customer has chosen Paypal as a payment method, he undertakes to pay Onnicar S.r.l. the costs of custody and storage of the Products within 2 (two) Business Days from the payment request sent by e-mail from Onnicar S.r.l. to the client.
8.8 It is the Customer's responsibility to check the quantity and good condition of the Products when they are collected.
8.9 In the event that the Customer finds that the Products are damaged or non-compliant with the Order, the Customer must report it to the carrier and sign the delivery document with reserve, as well as inform Onnicar S.r.l. within 3 (three) working days of delivery by e-mail or certified e-mail or registered letter with return receipt. The information must contain:
• attached photographic documentation relating to the damaged Products;
• reference of the order and shipping number;
• reading receipt.
Onnicar S.r.l. in this case he will open a return procedure for defective Products: the Customer will at his own expense send to Onnicar S.r.l. Products deemed to be defective; once the defect of the returned Products has been ascertained, Onnicar S.r.l. will open a practice of new shipment of Products of the same type as the damaged ones, by and at the expense of Onnicar S.r.l., with shipment within 15 (fifteen) Working Days following receipt of the damaged goods. In the event that, after inspection by Onnicar S.r.l., the returned Products are found to be in conformity with the Order and free from defects, these will not be replaced and will be sent back by Onnicar S.r.l. to the Customer with transport costs borne by the latter chargeable by Onnicar S.r.l. directly to the payment method chosen by the customer.
9. Methods of payment, retention of title and invoicing
9.1 The Customer must pay the full price of the Products included in the Order, in addition to transport costs and the costs relating to the chosen payment method, at the time of placing the Order, by credit cards accepted by Onnicar S.r.l. and indicated on the Site or via Paypal. Payments must be made according to the methods indicated on the Site. The Customer, indicating the credit card as payment method, authorizes Onnicar S.r.l. to use this credit card and to charge on it, from the date the Order is placed, the amount of the Order itself, including transport costs and costs relating to the chosen payment method, as well as any transport costs of referred to in Articles 8.7 and 8.9 above. Onnicar S.r.l. reserves the right to request a copy of the identity card of the credit card holder.
9.2 If the Seller sends the Shipping Confirmation despite the failure or partial payment of the prices and costs referred to in art. 9.1 above, the same Seller will not ship the Products until full payment of the same has been received. In this case, interest on arrears will be due from the Customer pursuant to Legislative Decree 231/2002 and its subsequent amendments starting from the date of the Shipping Confirmation. Without prejudice to the provisions of the following art. 10.1.
9.3 The Products remain the property of the Seller until full payment of the same, including the shipping costs and the chosen payment method, as well as any transport costs referred to in Articles. 8.7 and 8.9 above. The Customer undertakes to refrain from engaging in conduct or acts that prevent the Seller from exercising the right of retention of title. In the event that the Customer prevents the Seller from exercising the right of retention of title, he will have the right to withdraw with immediate effect all orders accepted and not yet executed with the shipment of the Products.
9.4 Onnicar S.r.l. may reserve for certain types of Customers the possibility of taking advantage of different payment conditions, even after expiry and / or postponed deadlines, which must necessarily be communicated through the Onnicar S.r.l. Shipping Confirmation to the client. Only in this case, the provision of art. 9.2 above. If the Shipping Confirmation does not contain the aforementioned possibility of using different payment conditions, the advance payment method indicated in art. 9.1 above.
9.5 Invoices that do not have to pass through the Exchange System will be sent together with the Products or, upon express request of the Customer, also electronically to the e-mail address indicated by the Customer. The invoices will also be available in PDF format within the Personal Profile of the Site.
10. Express termination clause and termination condition
10.1 The Contract will be terminated by law pursuant to art. 1456 of the Italian Civil Code as a result of the simple written communication from the Seller that he wishes to make use of this express termination clause, if the Customer:
a) omits or delays payments due;
b) delays or fails to take delivery of the Products.
10.2 The Contract will be considered terminated by law in the event that the Customer is placed in liquidation or has been subjected to any insolvency procedure.
10.3 Any breach of the Customer's contractual obligations may be considered serious if, despite the written notice to comply sent by the Seller, the Customer who has been notified fails to do what is requested within 15 (fifteen) days.
11. Product depictions
11.1 The images of the products on the Onnicar S.r.l. are to be considered purely illustrative.
12. Force Majeure
12.1 Without prejudice to the provisions of art. 8 above, Onnicar S.r.l. will not be responsible however for the failure or delay in delivery due to force majeure, such as, by way of example and not limited to: strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, wars, uprisings. Onnicar S.r.l. will promptly notify the Customer of the occurrence and the disappearance of a force majeure event. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the Parties will have the right to withdraw from the Contract. In the event of withdrawal pursuant to this article, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to a refund of the amount already paid for the Product covered by the Order.
13. Validity of the Agreement
13.1 The nullity or invalidity of a clause does not lead to the nullity or invalidity of the entire Agreement.
13.2 The Parties expressly agree to replace, where possible, the clause deemed null or void with another provision having a content similar to their original intentions and compliant with the content of the contractual relationships between them.
14. Data protection
14.1 Onnicar S.r.l. reserves the right to keep the data of each Order as well as the contact details of the Customer for the sole purpose of using them for the purposes of the correct execution of the Contract (also through transmission to the commercial partners involved in the management of the payment, in the execution of the Contract and / or in the shipment of the Product), of any complaints regarding the Product warranty and / or recommendations or instructions to the Customer relating to the Product. The storage and processing of data will take place in accordance with the content of the Declaration of protection of personal data issued by Onnicar S.r.l.. Notwithstanding the foregoing, any use of the Customer's personal data will be subject to the provisions contained in the aforementioned Declaration of protection of personal data.
15. Applicable law and competent court
15.1 These Conditions of Sale are governed by Italian law.
15.2 For any dispute concerning the execution, interpretation, validity, resolution, termination of the Contracts between the Parties, where the action is promoted by the Customer, the Court of Asti, Piedmont, Italy is exclusively competent, where instead the action is promoted the Seller has jurisdiction, in addition to the Court of Asti, Piedmont, Italy, any other court established by law.
In compliance with the provisions of Articles 1341 and 1342 of the Italian civil code, the Customer declares to specifically accept the following clauses: art. 3 "Scope and General Conditions of Online Sale"; art. 5 "Orders and Contract"; art. 6 "Product Availability"; art. 7 "Price"; art. 8 "Delivery of Products"; art. 9 "Methods of payment, retention of title and invoicing"; art. 10 "Express termination clause and termination condition"; art. 12 "Force majeure"; art. 13 "Validity of the Contract"; art. 15 "Applicable law and competent court".
