TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE
- http:// vispishop.it/-
1 – Object of the contract
The Terms and conditions set out below shall form part of all agreements executed online between http://www.vispishop.it/ of the company Daspi Srl (from now on called „seller“) and the Buyer for the supply of all products available on the website http://www.vispishop.it/
1.2 For any information or clarification it is possible to contact the seller on the addresses set on the paragraph below.
2 – Parties of the contract: Buyer, Consumer and Seller
2.1 Buyer: is any subject (natural or juristic person), who buys one or more products available on the website mentioned above. If the buyer is a natural person and does the purchase without commercial, business or professional purposes, he will be called „consumer and for him will be applied the specific regulations of this contract.
2.2 Consumer or user: the natural person who acts without commercial, business, manual or professional activities.
http:// vispishop.it/ of the company Daspi Srl
Via Galvani 8 | 39100 Bolzano (BZ) – Italy
VAT number: 02262760214
Registration in the trade register with the number: BZ- 166638
Phone: 0039 0471 952296
Fax: 0039 0471 9552396
OFFICE OPENING HOURS customer service: from 8.00 to 12.00 and from 15.00 to 19.00 (the applied charges are those for urban or out of town calls).
Email customer service: email@example.com
3 – Modality of purchase and conclusion of the contract
3.1 Before buying the products it is important to read attentively these general conditions of sale, also the footnote in the summery of the order on the website reminds you of that.
3.2 The Buyer has to register himself on the designed area on the website, filling in the requested fields of the application form. If he is already registered, he can authenticate himself on the website, inserting the information for authentication in the designed fields and calling up in this way the information about his account.
The registration on the website of the buyer is obligatory.
3.3 The purchase of each on the website available product takes place by putting it after choice in the “shopping cart”. After purchasing the buyer has to select a modality of payment and delivery.
He has to complete the order by clicking on the confirmation button, after viewing the website with the printable summary of the order, the information of the purchaser and the order, the price of the purchased products, shipping charges or eventually other charges, the terms of payments, the delivery address and the approximate day of delivery.
3.4 The contract is closed and binding for the parties, when the provider receives the purchase order form online. The provider sends an email for confirmation within 24 hours, including all before mentioned information. By bad connection of e-commerce-systems the sending time extends to 72 hours.
If the buyer does not receive any confirmation or products within 7 days, the order has to be considered refused and has no value.
3.5 In the designed area the buyer can control anytime the status of the orders (received, in elaboration, received payment, sent and so on). For more information about purchasing, status of orders, delivery times and so on the buyer can contact the seller under the addresses in point 2.2.
4 – Availability of products
4.1 The seller covenants to guarantee the continuous availability of the products up to sale and assure online the elaboration and the punctually delivery of the orders.
4.2 If an order exceeds the in the storeroom available quantity, the seller will inform the buyer by email about the unavailability or the waiting times for delivery of the requested product and ask him if he would confirm the order anyway.
4.3 In exceptional case the bought products could be no longer up to sale or definitely unavailable for delivery. In that case the seller will cancel the order and return eventual paid amounts to the buyer without any other compensation. The return of the amount will be carried out on the same method of payment as that of the buyer.
5 – Mode of shipment and delivery
5.1 The products offered by the seller will be delivered in Europe.
The delivery of the bought products will happen within 30 days after date of purchase to the domicile of the addressee and the modes he specified on the website. The first attempt of delivery happens indicative within 5 working day in mostly all localities. The times of delivery vary depending on place of departure and arrival verifiable on the website www.brt.it
5.2 If the seller should not be able to deliver within mentioned time, he would inform the buyer immediately. On holydays (for example Christmas, Easter or “Ferragosto”) delays of delivery of the products are possible, anyway they don’t exceed a period of 14 days.
The charge of the amount owed of the buyer’s credit card happens immediately after conclusion of the order by the buyer himself.
5.3 In case of non delivery (for example absent addressee, wrong or incomplete address and so on) the shipment will be stored in the agency of the shipper.
The second attempt of delivery has to be requested by the addressee within three working days after the first attempt. If within the 4th working day no instructions have been effected, the shipment will be disposable in the store of the shipper (at customer’s expense). The storage time of the shipper is 5 working days, including Saturday, after the first working day after arrival of the shipment in the competent store. The shipper tries two times to deliver, than he tells the supplier that delivery didn’t take place. The supplier will arrange with the consumer the further course of action.
5.4 Every damage of packing or packaging of the goods delivered by the shipper has to be noted by writing conditional acceptance on the delivery note. It shall be understood that if delivery note is signed without complaint, the consumer does not have the right to complain about the external conditions of the shipment.
6 – Prices and shipping charges
6.1 All prices of sale of the exposed and stated products on the website of the seller are expressed in Euro and constitutes an official offer as to Art.1336 c.c.
6.2 The prices mentioned in the preceding paragraph include the VAT, which is calculated in base of the Italian effected VAT rate and every other incoming tax. The price of sale does not include the shipping charges, which are at the expense of the customer and vary according to volume, weight and destination of the parcel. The customers who are not consumers and already distributor or reseller of Daspi Srl access to another designated area of the website on which they can see the prices without VAT, which is calculated on the summary of the order.
The shipping charges and all additional charges are separated from the price of sale and stated on the summary of order. The shipping charges are specified during the shopping and stated before shipping on the website with the summary on the occurred order.
6.3 Shipping charges
The fixed shipping charges for Italy are Euro 5.90.
The designated charges for the other European countries are below-mentioned in this table
France, Spain, Belgium, Holland|
For consumers, which are natural private persons and order products for more than Euro 60, the shipping charges are free. Buyer with VAT number as distributors and resellers never get free shipping
6.4 Any taxes, fees, custom duties or other additional charges, including import tax designated by the legal terms of the delivery country are completely at the expense of the customer.
7 – Payment method
7.1 The disposable payment methods are shown on the website of the confirmation of order.
The payment by the consumers is to be effected exclusively by:
- Credit card (VISA, Mastercard, CartaSí e American Express);
- Preceding bank transfer (Cassa Rurale dell’Alto Adige, agenzia Bolzano Sud, to Daspi Srl IBAN IT50O0808111603000303022552). Bank information are on the order confirmation which the customers receives by email.
- Payment at delivery (1% of the purchase value, minimum Euro 4.90).
7.2 By paying with credit card the charge of the prices and other additional charges mentioned in the summary of order (shipping charges, taxes, fees) for the consumer happens when completing the order by the consumer.
By preceding bank transfer the consumer/ buyer have to indicate the number of order as reason for payment. Shipment of goods happen after receipt of payment (check of bank statement by the provider).
7.3 All connections relating to payments are on a designated encrypted system. The information of credit card were sent directly by the paying bank to a secure server with SSL encryption to guarantee an absolute safe transaction. The credit card information are in no way accessible directly for the seller or third persons, neither in the moment of transmission of the order, nor later.
8 – Invoice processing
If the buyer is a distributor or reseller, the invoice will be enclosed to the shipment. In any case information of the consumer are considered effective at the moment of the order. No changes on invoice after conclusion of the order is allowed.
At conclusion of order the distributor or seller has to indicate if the address of invoice and of delivery are the same.
9 – Right of withdrawal
9.1 The consumer has the right to withdraw from the stipulated contract without penalty and mentioned reason within 14 (fourteen) days from the day of receipt of the purchased good,
except the goods as to paragraph c), d) e), f) of Art. 59 D. Lgs 21 February 2014.
9.2 If the consumer wants to make use of his right of withdrawal, he has to inform explicitly the seller by email to firstname.lastname@example.org , phone (0471 952296) or fax to one of the numbers mentioned in paragraph 2.3.
9.3 The restitution of the good has to happen at latest within 14 (fourteen) day after the explicitly notice.
In any case the consumers have to consider the following terms to have the right of reimbursement of the payed amount:
- the purchased good has to be returned together with the whole original packing (including packaging, eventually documentation or supplementary equipment, etiquettes and so on);
- this right refers to the whole purchased product, it is not possible to apply the right of withdrawal only for parts of the purchased product;
- the right cannot be applied for products with seal if it is broken or removed;
- on arrival of the product in the store of the seller, he will make an examination to estimate
eventual damages or breakdowns not caused during the shipment;
- the seller only will accept exclusively undamaged and never used goods by the consumer.
9.4 The primary charges for changing goods, if the consumer makes use of his right of withdrawal are completely to the expense of the consumer.
9.5 The seller will return the payed amount to customer (including the original shipping charges in proportion to the returned good) free of charges within 14 (fourteen) days after receipt of the goods in his store and the examination of its conditions, using the same payment method as the consumer used, except he expresses something different. The seller can refrain the refund till receipt or demonstrated shipment of the goods.
9.6 At receipt of information, that the consumer makes use of his right of withdrawal
both parties of the contract are free of reciprocal obligations, except the points mentioned
in the paragraph below of this article.
10 – Privacy and data processing of personal data of the buyer
10.1 The seller acts in complete observance of Data Protection Act D.Lgs. 30. June 2003, n. 196. In appliance of data protection act the seller transmit to the buyer this fact sheet, which is a complementary part of this contract.
10.2 Owner of the conferred data of the buyer is Daspi Srl.
The conferred data serve to following purpose: registration of order and connection of the buyer for the procedure to apply the present contract. Besides the personal data of the buyer will be used to introduce the necessary communications and to meet the legal obligations, as to execute effective transaction in the necessary measure to supply the requested service. (Art. 24, paragraph 1, letter b, d.lgs. 196/2003). The conferred data by the buyer are processed in hardcopy, electronic or telematics form. The seller covenants to treat the conferred data and information of the buyers confidentially and not to pass it to non-authorized persons or use it for other purposes or that they are designated, or pass it to third persons. This data can only be submitted on request of legal authority or other agencies authorized by the law.
This personal data will only be passed to delegated persons for execution of the necessary operations to process the stipulated contract and exclusively to this purpose.
The communication of personal data by the buyer is a necessary condition, to execute this contract correctly and in time. Otherwise the motion of the buyer cannot be granted. In any case the collected data will be kept only for that time which is necessary for the purposes they were collected for. Cancellation will be effected on a secure way. The buyer has the right as to Art. 7 of d.lgs. 196/2003.
11 - Guarantee
11.1 For all sold products the responsible is the producer. For packaged products the producer
is also responsible for veracity and completeness of the description on packaging.
On the website www.vispishop.it the products are issued with related description.
11.2 The published pictures on the website were offered to the buyer in order to recognize easier the product; the pictures are only demonstration material and can differ from the delivered product.
11.3 The seller will be responsible for any default of conformity during the legal time of guarantee after delivery of the good.
To make use of the right of guarantee, it is necessary to keep the invoice or the delivery document of the purchased goods which conformity is to complain.
11.4 The buyer loses every right if he does not communicate to the seller the faultiness within 2 month after statement of defect. In any case, if not demonstrated the contrary, it will be supposed, that defects, which appear within 6 month after delivery of the good, already would be present before, except the nature of the good or the defect is not compatible with this supposition.
11.5 By default of conformity the consumer can alternatively and free of charge request the repair or substitution of the purchased good, a reduction of the price of sale or the resolution of the present contract, except his request is impossible or too expensive for the seller as to Art. 130, paragraph 4, of consumer code.
11.6 The request is to made in hardcopy form through certified mail with reply to the seller. The seller will communicate his willingness to accept the request or the reasons, which impedes this within 7 working days after receipt of communication.
11.7 Is the product free of defects and therefore conform, the seller will return the purchased goods to the buyer charging all incurred shipping expenses.
13 – Applicable law, place of jurisdiction and contract clause
13.1 The present contract is regulated by the Italian law. If not differently mentioned the legal norms for conditions and facts of the present contract will be applied, especially Art.5 of the agreement of Rome in 1980.
As to Art, 60 of d.lgs. 206/2005, it will be explicitly pointed to the regulation in part III, chapter III, paragraph of lgs. 206/2005.
13.2 If there are disagreements caused by this contract, the parties covenant to aspire an adjustment in the conciliation committee at the chamber of commerce, industry, handcraft and agriculture in Bolzano.
13.3 If there are disagreements caused by this contract and the parties would like to visit a court of justice, the place of jurisdiction would be the domicile or domicile of choice of the consumer indispensable as to Art. 33, paragraph 2, letter u) of d.lgs. 206/2005.
13.4 The invalidity of one or more clauses of the present general terms of contract does not compromise the validity of the remaining clauses of the contract.