The goods covered by these general conditions are offered for sale by Salomè Roma di Bentura Daniele based in Via del Corso 280 00186 Rome, registered with the Chamber of Commerce of Rome REA: RM-902703 , CF. BNTDNL62E15Z326U - VAT number 09572260587 hereinafter referred to as "Supplier".
DEFINITIONS
1.1. The expression "Online sales contract" means the sales contract relating to tangible movable property of the Supplier, stipulated between them and the Buyer in the context of a distance selling system through telematic tools, organized by the Supplier.
1.2. The expression "Buyer" means the consumer who is a natural person making the purchase, as per 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 .
OBJECT OF THE AGREEMENT
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases the goods remotely via telematic tools furniture materials indicated and offered for sale on the site www.salomeroma.it .
2.2. The products referred to in the previous point are illustrated on the website www.salomeroma.it .
TERMS OF TERMINATION OF THE CONTRACT
The contract between the Supplier and the Buyer is concluded exclusively through the internet by accessing the Buyer at the address www.salomeroma.it , where, following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 1 of the previous article.
CONCLUSION AND EFFECTIVENESS OF THE AGREEMENT
4.1. The purchase contract is concluded after registering on the site or after logging in with your account (both as a guest and as a user already present) and the completion of the entire subsequent procedure by joining online or by completing the form attached on the online web page at www.salomeroma.it/checkout and the subsequent sending of the form itself, always after viewing a subsequent web page summarizing the order, printable, in which the details are reported of the purchaser and of the order, the price of the purchased good, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, he sends an e-mail confirmation or when viewing a web page of confirmation and order summary, printable, which also contains the data referred to in the previous point. The contract is not considered finalized and effective between the parties in default of what is indicated in the previous point.
METHOD OF PAYMENT AND REFUND
5.1. Each payment by the Customer can only be made using one of the methods indicated on the site www.salomeroma.it/payment . Credit cards from major international circuits and prepaid and rechargeable cards issued by banking institutions in Italy are accepted
- Visa, Mastercard, American Express, Postepay;
- Local payment methods (iDeal, Sofort, Bancontact, Giropay, MyBank, P24, EPS, etc.);
- Paypal and Bank Transfer;
- Klarna ( pays in 3 interest-free installments. )
- Cash on delivery only for Italy (Paying a supplement of 3.50 euros )
Payment must be received within 5 working days from the order date. In the following 5 days the goods will be blocked in favor of the buyer. After this deadline the availability of the product will not be guaranteed.
5.2. Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in promptly and, in case of exercising the right of withdrawal, within 30 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.
DELIVERY TIMES AND METHODS
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the site web at the time the goods are offered.
6.2. Shipping times may vary from the day of the order to a maximum of 5 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 the address www.salomeroma.it/shipping .
PRICES
7.1. All sales prices of the products displayed and indicated on the website www.salomeroma.it , are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2. The sales prices include VAT and any other tax.
Shipping costs and any additional charges (for example: customs clearance), if present, even if not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the buyer and also contained in the web page summarizing the order made.
7.3. The issuance of the invoice is not mandatory, if it is not requested by the Customer no later than the time of execution of the operation, as indicated in art. 22 of the Presidential Decree of 26/10/1972 n. 633. By submitting the order, the Customer agrees to receive the invoice / receipt in electronic format. The Customer may receive the invoice / receipt in paper format by making an express request to the supplier. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
AVAILABILITY OF PRODUCTS
8.1. The Supplier ensures, through the telematic system used, the processing and fulfillment of orders in the shortest possible time . To this end, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will notify the 'Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he 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 forwarding to the user a confirmation by e-mail, in accordance with point 4.2.
LIMITATIONS OF LIABILITY
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute to order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable towards 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. The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure execution of the contract for reasons not attributable to him, the Buyer having the right only to the full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties , credit cards, checks and other means of payment, upon payment of the purchased products, if you can prove that you have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case can the Buyer be held responsible for delays or errors in the payment if he proves to have carried out the payment itself in the times and methods indicated by the Supplier.
LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGESi: the obligations of the Supplier
10.1. Pursuant to articles 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, 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 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. has voluntarily exposed himself to it.
10.5. In any case, the injured 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 something 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. The damage to property 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).
WARRANTY AND METHOD OF ASSISTANCE
11.1. The Supplier is liable for any lack of conformity that occurs within two years of delivery of the goods .
11.2. For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, they coexist the following circumstances:
- are suitable for the use for which goods of the same type are normally used;
- conform to the description made by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model;
- 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 appropriate, public statements on specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, in particular in advertising or on labeling;
- 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 two months from the date 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 six months of delivery 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 case of lack of conformity, the Buyer may request, alternatively and without charge, under the following conditions indicated, the repair or 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 mail 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 seven working days of 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 provided for the repair or replacement of the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, 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.
BUYER'S OBLIGATIONS
12.1. The Buyer undertakes to pay the price of the purchased good 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 to the conservation of this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who gives deed, as this step is mandatory before the purchase confirmation.
RIGHT OF WITHDRAWAL
13.1. The Buyer has in any case the right to withdraw from the stipulated contract (Pursuant to art. 5 paragraph 3 of Legislative Decree 185/1999 the right of withdrawal IS NOT APPLICABLE TO CUSTOMIZED PRODUCTS upon express request of the customer.), 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 professional has not satisfied the information obligations on the existence, methods and times of return or to collect 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 90 (ninety) 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 mail with return receipt at the address: Salomè Roma di Bentura Daniele Via del Corso 280, 00186 Rome . The communication can also be sent, within the same term, by e-mail to the address info@salomeroma.it provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. For the purposes of exercising the right of withdrawal, the sending of the communication can be validly 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 forwarder will be valid between the parties.
13.4. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods same. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5. The only expenses payable by the consumer for exercising the right of withdrawal pursuant to this article are the expenses direct return of the goods to the Supplier.
13.6. The Supplier will refund the entire amount paid by the Buyer free of charge within the term of 30 (thirty) days from receipt of the notice of withdrawal.
13.7. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties of this contract are released from reciprocal obligations, except as provided in the previous points of this article.
CAUSES FOR RESOLUTION
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of successful payment the Purchaser carries out 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.
Protection of confidentiality and processing of Buyer's data
15.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the law on privacy pursuant to Legislative Decree 30 June 2003, n. 1961.
15.2. 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 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 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 Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties.
General provision of the Guarantor for the protection of personal data Simplification of certain obligations in the public and private sectors with respect to processing for administrative and accounting purposes of 19 June 2008 , published in the Official Gazette of 1 July 2008, no. 152.
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 21 June 2007, n. 142.
Such data may be exhibited only upon request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be disclosed, after signing a commitment to confidentiality of the data, only to subjects delegated to '' completion of the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
15.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
- updating, rectification or, when interested, integration of data;
- 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 have been collected or subsequently processed;
- 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 widespread, except in the case in which this fulfillment proves impossible or involves the use of means 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 of which have been collected or subsequently processed. However, their removal will be done safely.
15.8. Owner of the collection and processing of personal data, is the Supplier, to whom the buyer can address, at the company headquarters, every request.
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 detrimental to the rights of others and truthful, in any case the Supplier cannot be attributed any responsibility for the content of the messages themselves.
CONTRACT FILING METHOD
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the Supplier's headquarters, according to criteria of confidentiality and security.
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: Salomè Roma di Bentura Daniele Via del Corso 280, 00186 Rome ., Or sent by e-mail to the following address info@salomeroma.it . The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the communications of the Supplier to be sent.
COMPOSITION OF DISPUTES
18.1. All disputes arising from this contract will be devolved to a conciliation attempt at the Chamber's Mediation Body of Commerce of FC and resolved according to the Conciliation Rules 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.
APPLICABLE LAW AND REFERENCE
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract are valid, 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 .