1. Object of the on-line contract and its definition
As on-line purchase contract it is meant the distance agreement, which is the juridical shop, consisting of goods and chattels, stipulated between a supplier, Tessitura Lancioni S.r.l., and a customer, under a distance sales system organized by the supplier, who uses the distance technology denominated “ the Internet “, to fulfill the aforementioned agreement. All agreements will be stipulated through direct access of the customer to the website, which is www.tessituralancionishop.it, where, following the indicated procedures, the customer will conclude the agreement and purchase the goods. By costumer, it is meant, the natural person, who purchases goods for her or his own intents, which, in any case, cannot be linked to her or his job or enterprise. The sales terms, hereunder mentioned, will be valid as long as the supplier does not change them. Any possible change to the sales terms will be effective since they are published on the website www.tessituralancionishop.it on, and they will refer to the sales made from that moment on.
2. How to place an order
2.1 To place an order the costumer must be over eighteen years old of age and be reachable through phone call.
2.2 It is possible to place an order filling in the order form in the website www.tessituralancionishop.it, after having completed the registration or created a personal account or after having qualified yourself as a guest costumer.
2.3 By placing an order the costumer subscribes a preliminary sale contract of the chosen goods based on these terms and conditions. We will be free to accept or refuse the aforementioned preliminary sale contract.
2.4 In case the order is accepted, we will notify the purchaser through emission of an order confirmation, which is sent by e-mail. The confirmation is valid since its transmission. In case the order is not accepted, we will contact the purchaser via e-mail or through phone call.
2.5 Even though we do our best to carry out the supplying of the goods as indicated in the order confirmation, we might not be able to supply these goods due to circumstances beyond our control. In this case we will contact the costumer and propose her or him alternative goods, which she or he may like to buy. In case the costumer does not agree on our offer, we will cancel the order, related to the goods we are not able to supply, and the sum related to this order, will not be deducted from the reference account.
3. Selling prices and methods of purchase
All the selling prices of the goods shown and indicated in the website www.tessituralncionishop.it ,(which are the public offering prices under art.1336 c.c.), are inclusive of IVA and all taxes. The delivery cost is highlighted in the proper page and the costumer needs to examine this cost before placing an order. In case of a delivery abroad, any possible additional costs, due to taxes and tolls of the destination country, will be at the costumer’s expenses. The purchase contract is fulfilled through the exact compilation and the purchase approval, agreed through the on-line assent. The ordered goods can be paid by using the methods of payment as shown on-line when the order is placed.
4. Contract execution and delivery methods
Tessitura Lancioni S.r.l. will provide to deliver the chosen and ordered goods, according to the conditions of the previous article, through couriers and/or trusted forwarder. In case the costumer is absent at the moment of the delivery, a notice will be left at the place and she or he will have to contact the courier or forwarder personally, in order to arrange a new delivery, being aware that all the extra costs, due to the delay in the delivery, will at the costumer’s expenses. But, no responsibilities may be put down to the supplier for delayed or missed delivery, in case of circumstances beyond control or accident.
5. Goods availability
The purchaser will be able to buy the goods as indicated in the preset electronic catalogue ( present in the website www.tessituralancionishop.it ) and within the actual quantity of the storehouse. If an order exceed the actual quantity of the storehouse, the system will accept the purchase within the availability of the goods.
6. Our responsibilities
Tessitura Lancioni S.r.l. does not take responsibility for inefficiency due to circumstances beyond our control such as, accidents, explosions, fire, strikes and/or locks-out, earthquake, floods, and other similar events which may stop us, totally or partially, from carrying out the order within the time limit agreed in the contract. Tessitura Lancioni S.r.l. is not responsible, towards any parties, for damages, losses and costs, caused by the missed execution of the contract due to the aforementioned causes. Equally Tessitura Lancioni S.r.l. is not responsible for an eventual fraudulent and illicit use, which may be done by third parties, of credit cards, cheques, and other ways of payment, at the moment of the purchase. Tessitura Lancioni S.r.l., as a matter of fact, is not able to know the costumer’s credit card number in any moment, in fact the number, under a protected connection, is sent directly to the banking concern, that runs the service. Equally Tessitura Lancioni S.r.l. is not able to check on the correct and licit provenance of the negotiable instrument, which is given by the costumer at the moment of the purchase.
7. Purchaser duties
The purchaser must provide, after concluding the on-line purchasing procedure, for the print and the preservation of the present general conditions, which, moreover, the purchaser will have already seen and agreed to, as obliged passage during the purchase, as well as for the specifications of the purchased goods, so as to satisfy totally the condition under art. 3 and 4 Decr. Legisl. n° 185/1999.7.1. It is strictly forbidden to fill in the registration form, that is needed to open the procedure for executing the present contract and the related further communications, with false and/or fictitious information. Personal details and e-mail must exclusively be one’s own real personal details and not from third parties, or fictitious. It is strictly prohibited to make more than one registration for each person or to fill in with information from third parties. Tessitura Lancioni S.r.l. reserves the right to prosecute every kind of violation or abuse, for the sake and protection of the consumers all.
Filling in the special area, present on the website, the purchaser allow Tessitura Lancioni S.r.l. to use her or his own credit card, or any other card issued to substitute the other, and to charge on her or his current account in favour of Tessitura Lancioni S.r.l. the total sum highlighted as cost of the on-line purchase. The procedure is under a protected connection directly linked to:
PayPal (Europe) S.a.r.l. & Cie, S.C.A. (also called simply “PayPal” in this document), managing authority of the on-line , payment service, to which Tessitura Lancioni S.r.l. cannot have access;
Or, instead, directly through credit card, or prepaid card, as indicated in the website.
If the purchaser should use the right of withdrawal, as expressed under point 10 of the general conditions, the sum to refund, will be credited on the same credit card.
9. Right of withdrawal
If the purchaser is not satisfied with her or his purchase, the purchaser can exercise the right of withdrawal, without any penalties or reasons.
9.1Time limit: within 14 work days since the delivery day.
9.2 Conditions: the withdrawal must be exercised according to the terms mentioned above, sending a registered letter with advice of delivery, stating all the information of the sale: sender, n° invoice, n° order, to the following address:
Tessitura Lancioni S.r.l., via Scarpettini, 234, 59013 Montemurlo, ITALIA.
Through a fax at the number 0574686141 r through e-mail firstname.lastname@example.org, as long as, within 48 hours, the registered letter is sent with advice of delivery or through certified e-mail at email@example.com in order to confirm the withdrawal. Still, within the time limit of 14 days, all the purchased goods must be returned to the supplier, along with their packages without any lack. These goods can be sent along with the registered letter. Shipping costs and means of transportation will be at purchaser’s expenses and under purchaser’s responsibility, and the purchaser will not be refund by Tessitura Lancioni S.r.l. if the goods are damaged or lost. Besides the purchaser must specify on the parcel these words: “Oggetto: recesso, n° order, n° invoice, sender”. Once the goods are received, Tessitura Lancioni S.r.l. will provide to issue a credit note of the same amount of money the purchaser already paid. Within the time limit of 30 days, the credit note will be refund in case the purchaser decides not to purchase any other goods.
9.3 People who do not have the right of withdrawal: costumers cannot exercise the right of withdrawal if they purchase for their own business, through emission of invoice by the supplier. The right of withdrawal cannot be exercised in case of purchase of tailor-made or customised goods, which, by their nature, cannot be sent back or may risk deterioration or may quickly alter.
9.4 As soon as the notice, which shows that the Purchaser exercises his or her right of withdrawal, is received the parties of the present contract are released from mutual obligations, save what is provided by the previous points of this article.
10. Use of personal data
Data are gathered for the costumer’s registration in order to activate the procedure for the execution of the present contract and the necessary communications. These data are electronically processed according to the laws in force and they can be shown only at the instance of judiciary authorities that are authorized by the law. Personal data will be communicated to subjects who are delegated to complete the necessary activities to execute the stipulated contract and these data will be released exclusively for this purpose. The costumer has, under the art. 13 L. 675/1996, the right: to ask for, through letter or fax, confirmation of existence of her or his own personal data at Tessitura Lancioni S.r.l.; to know the origin, logic and purpose of their use; to ask for cancellation, anonymous modification or block in case of illicit use; to oppose their use because of licit reasons or in case of utilization of these data to send advertising material and/or sale information, for market survey, for direct sale and interactive commercial communications. Holder and responsible for the collection and use of the costumer’s personal data is Tessitura Lancioni S.r.l.
11. Applicable law and jurisdiction
This contract is regulated by the Italian law. The competence and the jurisdiction of any eventual legal action, brought by the costumer, under this present guarantee or any further legal guarantees, will be the Tribunal of Prato.
Even if it is not clearly expressed in this contract, Italian regulations in force apply.