Identification of the Supplier
The products and services, of which the sale is subject to these terms and conditions, are offered on sale by Ma.In.Cart Srl, Via degli Artigiani Ovest, 27 Lignano (UD), registered with the Chamber of Commerce of Udine of the Companies Register, VAT number. 01931360307 hereinafter referred to as "Supplier"
1.1 The term 'Sales Contract on line' means the purchase agreement relating to the products and services of the Supplier, concluded between this and the Buyer under a distance sales system organized by the Supplier.
1.2 The term "Purchaser" means the natural person who buys, under this contract, for non-related purposes to commercial or professional activity. To this intent, the Purchaser expressly declares to make the purchase for other purpose, which is outside his trade or job carried on.
1.3 The term 'products' means the products specifically illustrated on the web page: www.maincart.it
2) THE MEANS OF THE CONTRACT
2.1 With this contract, respectively, the Supplier sells and the Buyer remotely purchases the products and services described and offered for sale on the web-site www.maincart.it
2.2 This agreement is internationally valid.
3) HOW TO CONCLUDE THE CONTRACT
The contract between the Supplier and the Buyer concludes exclusively through Internet by access of the Purchaser at www.maincart.it, where, following the procedures described, will conclude the contract with the purchase of products.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The contract is concluded through the exact compilation and the consensus expressed by the subscription sent online or by completing the form attached to the electronic catalogue online at www.maincart.it and then sent back.
4.2 When the Supplier receives the order from the Buyer he shall without delay send an e-mail or a viewing of a web page order summary, printable, where all information is reported: buyers data and order, the price of the product purchased, shipping costs and any additional charges, the address where the product will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.3 The contract is not deemed perfect and effective between the parties at fault than indicated above.
5) PAYMENT AND REFUND TERMS
5.1 Each payment from the Purchaser will be possible only by one of the methods indicated on the web page by the Supplier.
5.2 Any refund will be credited to the Buyer through one of the arrangements proposed by the Supplier and Buyers choice, in a timely manner and, in the case of exercise of the right of withdrawal, no later than 30 (thirty) days from the date on which the Supplier is aware of the termination.
5.3 All communications relating to payments is made on a separate line protected by encryption system. The Supplier guarantees the storage of this information with additional level of encryption and security in accordance with the provisions of applicable regulations regarding the protection of personal data.
6) TIME AND TERMS OF DELIVERY
6.1 The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time of supply of the product, as confirmed in the e-mail referred to in paragraph 4.2.
6.2 The time of delivery may change from the day you order to a maximum of 15 working days from confirmation of the same. In the event that the Supplier is unable to ship within that period but in any event within that indicated in the following point, it will be given prompt notice by e-mail to Buyer.
6.3 In any case, the shipping time will not be longer than 30 (thirty) days from the completion of the contract, unless otherwise clearly indicated by the Supplier and expressly accepted by the Purchaser.
6.4 The procedures, time and costs of shipping the products are indicated on the website of the supplier.
7.1 All prices - specifically shown and indicated on the website www.maincart.it - are expressed in euro and represents an offer to the public in accordance to art. 1336 cc
7.2 The prices, of the previous point, are VAT included and any other taxes. Shipping costs and any other costs (eg. Customs clearance), are not included in the purchase price, but are indicated and calculated separately.
7.3 The prices indicated for each item offered to the public are valid until the date indicated in the catalogue.
8) AVAILABILITY OF THE PRODUCTS
8.1 The Supplier assures through the electronic system used processing and fulfillment of the orders without delay. For this purpose, indicates in real time, in its electronic catalogue, the available and unavailable products. For unavailable products, it will be indicated if and when it will be available again, and the timing of their delivery.
8.2 If an order exceeds the amount present in the warehouse, the Supplier, by e-mail, will inform the Purchaser if the product is not fully booked or what are the waiting times for the selected product, asking whether it confirms the order or not.
8.3 The Supplier’s computer system will confirm in the shortest possible time the registration of the order by sending you a confirmation by e-mail, according to paragraph 4.2.
9) LIMITATIONS OF LIABILITY
9.1 The Supplier shall not assume any liability for disruptions caused by force majeure of any nature and kind, even if due to malfunctioning or inefficiencies of the Internet network, if unable to execute the order within the time stipulated in the contract.
9.2 The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of non-performance of contract for reasons not attributable to him, as the Buyer shall only be entitled to a refund of the price paid and any additional charges incurred.
9.3 The Supplier shall not assume any liability 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 products purchased, if it proves to have adopted all possible precautions based on the best science and experience of the moment and according to ordinary diligence.
9.4 In any case, the Purchaser will be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.
10) LIABILITY TO DEFECT, PROOF OF DAMAGE AND RECOVERABLE DAMAGES
10.1 Under Articles. 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects of the product sold should he fail to inform the injured person, within three months of the request, the identity and address of the manufacturer or the person who supplied him with the same product.
10.2. The above request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and, with reasonable accuracy, the date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3 The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to an imperative rule of law or a binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, did not allow to consider the product as defective.
10.4 There will be no refund if the injured party was aware of the defect in the product and the danger entailed by it and yet there has voluntarily exposed.
10.5 In any case, the claimant must prove the defect, damage, and the causal relationship between defect and damage.
10.6 The damaged one can ask the reimbursement of the damages caused from the death or from personal lesions or from the destruction or from the deterioration of a different thing by the defective product, provided that type normally destined to the use or deprived consumption and so mainly used by the damaged one..
10.7 Damage to property is, however, compensated only to the extent that exceeds the sum of EUR threehundredandeightyseven.
11) WARRANTIES AND CONDITIONS OF SERVICE
11.1 The Supplier responds for every possible defect of conformity that manifests him within the 2 (two) year-old term from the delivery of the product.
11.2 The buyer decays from every right if you don't report to the seller the defect of conformity within the 2 (two) month-old term from the date in which the defect has been open. The report is not necessary if the seller has recognized the existence of the defect or you/he/she has hidden him/it.
11.3 in every case, contrary test excepted, he supposes that the defects of conformity that manifest him within 6 (six) months from the delivery of the product already existed to such it dates, less such hypothesis is incompatible with the nature of the product or with the nature of the defect of conformity.
11.4 in case of defect of conformity, the buyer can ask, alternatively and without expenses, to the conditions following suitable, the reparation or the substitution of the purchased product, a reduction of the price of purchase or the resolution of the contracted present, unless the application doesn't objectively result impossible to satisfy or you excessively result for the Supplier onerous to the senses of the art. 130, paragraph 4, of the Code of the Consumption.
11.5 The request should be received in writing, via registered mail, to the Supplier, which will indicate their willingness to act on your request, or the reasons that prevent him from doing so, within 7 (seven) working days from receipt. In the same communication, where the Supplier has accepted the Buyer's request, will have to indicate the method of delivery or return of the product as well as the deadline for the return or replacement of the defective product.
11.6 If the repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the product within the period referred to in the preceding paragraph or, finally, the replacement or repair carried out previously have caused significant inconvenience to 'Buyer, these may request, at its option, an appropriate price reduction or termination of contract. The buyer will then have to send their request to the Supplier, which will indicate their willingness to act on the same, or the reasons that prevent him from doing so, within seven working days of receipt.
11.7 In the same communication, where the Supplier has accepted the Buyer's request, he will have to indicate the reduction price proposal or how to return the defective product. In such cases the Buyer will indicate how to charge the credit amount previously paid to the Supplier.
12.1 Buyer agrees to pay the price of the product purchased in the time and manner specified by the Supplier.
12.2 Buyer agrees, once the purchase process online, to handle the press and the conservation of this contract.
12.3 The information contained in this contract has been, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Purchaser has in any case the right to terminate the contract without any penalty and without specifying the reason, within 10 (ten) working days from the day of receipt of the product purchased.
13.2 If the Buyer decides to exercise the right of withdrawal, should notify the Supplier by registered AR or by fax or by email, if the reports are confirmed by the sending of registered mail within 48 (forty-eight) hours. Shall prevail between the parties the stamp from the post office on receipt issued. For the purpose of exercising the right of withdrawal sending the notice may validly be replaced by returning the purchased product, provided that the same terms. Shall prevail between the parties the date of delivery to the post office or courier.
13.3 The return of the product will still take place no later than 30 (thirty) days from the date of receipt of the product itself. In any case, for there to be entitled to full refund of the price paid, the product must be returned intact and, in any case, in normal condition.
13.4 The Purchaser may not exercise this right of withdrawal for the purchase of products that have been opened by the same, as well as goods made to specifications or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire quickly
13.5 The only expenses payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the product to the Supplier, unless the Supplier does not agree to shoulder it.
13.6 The Supplier shall refund the amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.7 Upon receipt of the communication by which the Purchaser shall notify the exercise of the right of withdrawal, the parties of this contract are dissolved by mutual obligations, except as provided in paragraphs of this Article.
14) CAUSES OF RESOLUTION
The bonds referred to in 12.1, assumed by the Buyer, and the guarantee of successful payment the Buyer makes with the media in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 6 are essential, so that by express agreement, the failure of one of these obligations, if not determined by circumstances or force majeure, will result in the resolution of the contract under art. 1456 cc, without any judicial decision.
15) PRIVACY AND DATA PROCESSING WITH YOU
15.1 The personal data of the Buyer are collected for the purpose of registering the order and provide him with the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations.
15.2 The data referred to in the preceding paragraph are handled either in hard copy electronically in compliance with applicable laws. The Supplier undertakes to treat as confidential data and information provided by the Purchaser and not to disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of the judicial authority or other authority authorized by law.
15.3 The personal information will be disclosed after signing of a commitment to confidentiality of data, only to delegates to carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.4 The Purchaser has the rights under Article. 7 of the Decree. N. 196/03, namely the right to:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data which need not be kept for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement in impossible or involves the use of means manifestly disproportionate to the protected right. The party has the right to object, in whole or in part:
a) for legitimate reasons the processing of personal data concerning him, even to the scope of the collection;
b) to the processing of personal data for purposes of sending advertising materials or
direct selling or for carrying out market research or commercial communication.
The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, can not be given over to the question Purchaser.
In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. Their removal will be done safely.
15.5 The owner of the collection and processing of personal data, is the Provider, to which the purchaser may direct at the corporate headquarters, every request, unless it has been appointed by the Supplier.
15.6 The Purchaser expressly declares to have been informed of the provisions of art. 7 of the Decree. N. 196/03 and to consent to the processing of personal data solely for the purposes specified in this contract.
16) RULES OF FILLING OF THE CONTRACT
Under Article. 12 of Legislative Decree. N. 70/03, the Provider shall notify the Purchaser that any order sent is stored in digital / paper form on the server / at the headquarters of the Supplier in accordance with criteria of confidentiality and security.
17) COMMUNICATIONS AND COMPLAINTS
Written communications to the Supplier and any complaints will be considered valid only if sent to the following address:Via degli Artigiani Ovest Lignano (UD), or sent by fax to 0431.73414 or sent by e-mail at following address firstname.lastname@example.org. The Buyer indicates the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
18) SETTLEMENT OF DISPUTES
18.1 Any dispute regarding the application, execution, interpretation and violation of purchasing contracts concluded on-line via the website www.fornitore.com is subject to Italian jurisdiction.
18.3 All disputes arising from this contract the parties commit to any prior attempt at conciliation at the Chamber of Commerce of Udine.
18.4 For any legal controversy between the parties relating to this contract shall be the competent court of the place of residence or domicile of the Supplier.
19) LAW AND REFERENCE
19.1 This agreement is governed by Italian law.
19.2 For anything not expressly provided, the rules of law applicable to the relationship and to the cases described in this agreement.
Under Article 19.3. 60 of the Consumer Code (Legislative Decree. N. 206/05), which is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Code.
20) FINAL CLAUSE
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.