GENERAL TERMS AND CONDITIONS OF SALE AV DESIGN S.R.L. – Benefit Society FOR CONSUMER CONTRACTS

 

Art. 1 General Provisions

 

1.1 AV Design S.r.l. –  Benefit Society ( VAT NUMBER AND TAX CODE 12369580969) is a company incorporated under the laws of Italy, with domiciliation and registered office at via Molino delle Armi 11, 20123 Milan (MI), PEC avdesignsrl@legalmail.it; PEO info@annavalotta.com ; Tel . +39 02/89075937; Fax + 39 02/89075939

 

1.2 AV Design S.r.l. –  Benefit Society is producer of the goods marketed through its e-commerce platform so -called “Ecommerce”, found at annavalotta.com and marked with its own AV Design label.

 

1.3  AV Design S.r.l. –  Benefit Society is the owner of the e-commerce portal “www.annavalotta.com/shop” through which it is possible to purchase exclusively goods produced by AV Design s.r.l. Itself.

 

1.4 By direct online purchase, each individual product may be purchased subject to stock availability and /or while stocks last. For purchases of larger quantities it will be necessary to contact the seller AV Design S.r.l. – Benefit Society directly by writing to info@annavalotta.com

 

1.5 These general terms and conditions of sale are intended exclusively for final CONSUMERS that is, natural persons acting for purposes unrelated to the commercial, industrial, professional, handicraft activity possibly carried out on their own and/or on behalf of third parties. The expressions “Purchaser”, “Buyer”, “Customer”, “Consumer” and “User” and any other expression referring to the purchasing party, refer to the natural person Consumer as outlined by the Consumer Code.

 

1.6 The e-commerce portal and any other content also on the website www.annavalotta.com are not an offer to the public but represent only an invitation to offer addressed to the Customer.

 

1.7 Described and provided below is information on the characteristics and prices of the products, conditions concerning shipment and related costs, terms of conclusion of the contract, purchase and payment, conditions for possible replacement of products as well as the existence of the right of withdrawal with precise description of the manner and timing.

 

1.8 Before concluding the purchase and making the payment, the Customer will always be put in a position to view, read, print and approve, by double point and click, these general conditions of sale, which they will take care to keep in accordance with art. 12 del D.Lgs. 70/2003.

 

Art. 2 The Contract

 

2.1 Online sales contract means the purchase and sale agreement between AV Design S.r.l. – Benefit Society and the buyer, concluded in the context of a distance selling system via telematic tools c.d. within the quantity limits allowed by the online store or via ordinary e-mail messages for purchases of quantities greater than those indicated in the e-commerce portal.

 

2.2 These General Terms and Conditions of Sale exclusively govern the business relationship between the Seller and the Consumer Customer constituting an integral and substantial part of each contract of sale of movable goods concluded by and with AV Design S.r.l. – Benefit Society.

 

2.3 The subject of the contract is the sale of all those products represented on the institutional website of AV Design S.r.l. – Benefit Society.

 

2.4 The Seller is committed to keeping its site up-to-date. However, the Customer understands and agrees that the content of the site may not be updated on a daily basis, and therefore each purchase is subject to and governed solely by the General Terms and Conditions of Sale applicable on the date of the purchase order.

 

2.5 The Parties agree that this contract contains their final will, revoking any other previous documents or negotiations,  so that the interpretation of their intentions exclusively complies with that agreed hereto. They also agree to deem that any amendment to this contract must be in writing sand with express indication of the clause and point to be amended, remaining irrelevant any document otherwise drafted.

 

2.6 The Parties, in compliance with the mandatory rules of law, agree that if for any reason one or more clauses of these General Conditions of sale are declared null and void or invalid, this fact shall not affect the validity and effectiveness of the contract and the other provisions, which shall remain in full force and effect.

 

2.7 The Customer understands that all information provided and images on the website are general in nature and are made available for informational purposes only and that they constitute neither a specific conventional product warranty nor a promise of specific qualities on the part of the Seller.

 

Art. 3 Conclusion of the Purchase Agreement and methods of purchase

 

3.1 The Customer may also proceed with the purchase in “Guest” mode, i.e. without registering an account by providing all their personal, tax, billing and shipping address, telephone contacts, e-mail; in this case a temporary identifier will be generated and will only be used to complete the online purchase. Through the “Guest” mode, the Customer’s personal information will not be recorded and saved for subsequent purchases.

 

3.2 The Customer, before concluding the purchase, will have the opportunity to view all the information entered in order to verify their correctness and if necessary go back through the wizard to correct them. The Customer is prohibited from entering incorrect and/or invented data and from using any kind of data and/or information from third parties without their consent.

 

3.3 The Customer may purchase the products in the electronic catalog as described in the related information sheets with the full understanding that the information sheet of a product may not be perfectly representative of its characteristics, but slightly differ in color, size, and/or accessory products in the picture.

 

3.4 The Customer who intends to purchase one or more products may select them one at a time by adding them to the so-called shopping cart. Once they have selected all the items they intend to purchase, they can “close” the cart and submit the order. At this point, a page summarizing the selected products, their price, the options (with their costs) for shipment, and the applicable VAT in accordance with the law will appear to the Customer. The Consumer will be asked to select the preferred payment option. Once the aforementioned selection is completed, the general terms and conditions will be displayed and the Customer must proceed with approval by double-clicking. Having approved the general conditions of sale, the Consumer will have to click on the “Order” button which will be used to forward the order to AV Design S.r.l. – Benefit Society. Without the approval of the general conditions of sale it will not be possible to conclude the order. The order thus submitted will be processed as a contractual proposal of purchase addressed to AV Design S.r.l. – Benefit Society for the products listed, each considered individually. Upon receipt of the order, AV Design S.r.l. – Benefit Society will automatically send a PEO message of acceptance of the order itself (“Order Receipt”) addressed to the PEO that the Customer will have previously communicated. The e-mail message of Order Receipt does not constitute acceptance of the purchase proposal. By sending the Receipt Order, in fact, AV Design S.r.l. – Benefit Society only confirms that it has received the order and has subjected it to the process of data verification and availability of the requested products. The contract entered into between AV Design S.r.l. – Benefit Society and the Costumer is understood to be concluded exclusively with the sending of a second PEO containing confirmation of sending the purchased order by the Seller. The message confirming the sending of the order will contain all the data entered by the Customer, as well as the date and time the order was sent, the order number, which must be used in all subsequent communications, as well as all the data and information relating to the order itself such as, but not limited to, the date, goods ordered, quantities, detailed indication of the price, the means of payment chosen, delivery costs and any applicable taxes, etc. The Customer agrees to receive invoices in electronic format; these documents will be made available in pdf format.

 

3.5 All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order and in the case of a plurality of orders for the same product even if each order includes a quantity of products corresponding to normal consumption needs.

 

3.6 The Customer agrees to use the order number to be included in the subject line for any necessary communication in connection with the same.

 

3.7 The Customer is also obligated to promptly report any information reported incorrectly in the order confirmation message.

 

3.8 In case of exhaustion, even temporary, of stock, the seller may refuse the purchase order upon notice sent to the Consumer as soon as possible and to whom he may indicate any replacement products without any constraint on the Customer.

 

3.9 Unless the Customer decides to purchase the alternative product, as a replacement for the out-of-stock product, the seller will provide a full refund of any sums already paid by the Customer; the refund will take place as soon as possible and in any case no later than fourteen days from the date on which the order was cancelled with an e-mail communication sent by the seller to the Consumer on the PEO address indicated by the latter during registration.

 

3.10 The contract shall be considered concluded in the place where the seller has its registered office. Except where AV Design S.r.l. – Benefit Society will not be able to execute the contract for reasons beyond its sphere of control, the seller undertakes to deliver the products ordered by the Customer after receiving payment of the final price from the Customer and subject to the availability check referred to in Article 5 below.

 

Art. 4 Product information

 

4.1 It is agreed that any information concerning the products, such as information concerning weights, dimensions, capacities, strengths, prices, colors, and other data contained on the site are of a general nature and not binding between the parties.

 

4.2 The Customer understands and agrees that the images accompanying the product description sheets may not be perfectly representative of its characteristics and may differ in color, size, and accessory products in the image.

 

4.3 It is agreed that the Customer with the order of other quantities of goods, subsequent to the first purchase of the same product, considers the good fully satisfactory, suitable and in accordance with its specific requirements.

 

Art. 4Bis Pre-order products

 

4.0Bis AV Design S.r.l. – Benefit Society also propose pre-order only collection, that will be produced in 4 to 6 weeks from closing of pre-order window, as timing is shared for each collection.

 

4.1Bis The pre-order payment takes place at the same time of the order, which is processed as soon as available.

 

4.2Bis Any delays in production/ delivery that are causes of force majeure not attributable to AV Design S.r.l. – Benefit Society, will be promptly reported to the Customer, and the order will be processed as soon as possible.

 

4.3Bis As also reported in article 7.12, the right of withdrawal does not apply to contracts that concern the purchase of Products made to measure or clearly customized, and in this category

pre-order items are included as they are packaged exclusively for the customer who concludes the purchase.

 

5.0 The consumer acknowledges that all product trademarks mentioned on the AV Design S.r.l. – Benefit Society website are duly registered and owned by the supplier itself and is aware that any infringement of the same will be promptly prosecuted according to law.

 

Art. 5 Availability of products

 

5.1 AV Design S.r.l. – Benefit Society will strive to keep the website as up-to-date as possible regarding product availability and will verify, prior to transmitting the order acceptance confirmation, the actual availability of the products selected by the Customer.

 

5.2 In any case AV Design S.r.l. – Benefit Society guarantees the fulfillment of the order within the limits of stock availability c.d. “while stocks last”.

 

5.3 The Customer is aware that products are in limited numbers and it may therefore happen that the product ordered is no longer available, in whole or in part, following the transmission of the purchase order. The Seller will promptly notify the Customer.

 

5.4 The Seller, if the purchase order exceeds the quantity of product existing in stock, will notify the Customer whether the good can no longer be ordered or what the approximate waiting time is to obtain the quantity of product ordered. The Customer, upon receipt of the aforementioned communication, will have the option of confirming or not confirming the order. In case of cancellation of the order due to unavailability of the product, the Seller will make a full refund of the sums paid by the Customer within the ordinary term of thirty days.

 

Art. 6 Delivery and shipping methods, terms and expenses

 

6.1 Unless otherwise agreed, delivery will be made to the address indicated by the Costumer in the purchase order. Shipment will be made after actual receipt of the final purchase price within thirty days of receipt of the order confirmation e-mail.

 

6.2 The delivery terms given to the Customer are orderly and non-essential constituting approximate times for proceeding the order.

 

6.3 Any delays in delivery, except in the case of willful misconduct or gross negligence, shall not entitle the Customer to penalties or compensation for direct and indirect damages, nor shall it entitle the Customer to interest or terminate the contract. If the seller anticipates that he will not be able to deliver the products on time, he shall promptly notify the Customer in writing, stating, where possible, the expected delivery date. The parties agree that, where the delay, attributable to the Seller, exceeds eight weeks from the originally scheduled delivery date to the carrier, the Costumer may terminate the contract with respect to the products whose delivery is delayed, upon ten days’ written notice. Any delay due to force majeure or acts or omissions of the Buyer (e.g., lack of data necessary to deliver the goods) shall not be considered attributable to the Seller.

 

6.4 From the time of delivery of the goods to the carrier (or to the first carrier where there are two or more) they will travel at the Customer’s total risk; any insurance of the products during transport is the sole responsibility of the Customer.

 

6.5 Should the goods ordered be delivered outside of Italy, the Costumer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be the sole responsibility of the Customer. AV Design S.r.l. – Benefit Society has no control over such costs and cannot predict the amount. Customs policies vary considerably from country to country, for this reason AV Design S.r.l. – Benefit Society strongly advises the Customer to contact the local customs office in advance for further information. AV Design S.r.l. – Benefit Society also reminds the Customer that when they place orders on the site, they are considered as an importer and are therefore obliged to comply with all the legislation and regulations of the country where they will receive the goods. AV Design S.r.l. – Benefit Society also informs the Customer that for products shipped abroad, cross-border deliveries may be subject to opening and inspection by customs authorities and for such operations AV Design S.r.l. – Benefit Society has no control or responsibility.

 

6.6 In case it is not possible to complete the delivery due to the Customer’s absence at the given address, the courier will either leave a notice or contact the Customer by telephone to arrange for a second delivery or to pick up the goods at one of the nearest branches of the Courier. Under no circumstances shall Seller be held liable for non-delivery or delayed delivery of the goods.

6.7 In any case, Seller shall not be liable for non-delivery or delayed delivery due to force majeure causes such as: measures of the Public Authorities, strikes, rationing or shortage of energy or raw materials, transportation difficulties, fires, floods, earthquakes, floods, wars, insurrections, epidemics and/or pandemics. The Seller will promptly notify the Customer of the occurrence and disappearance of a force majeure event.

 

6.8 Upon receipt of the material and before signing the document to the Courier delivering the goods, carefully verify that the number of packages delivered is consistent with those quoted on the transport document. Also verify the physical condition of the packages by checking that they have not been tampered with and/or damaged. In case of obvious damage to the packaging and / or product, the Customer must affix on the courier’s proof of delivery wording ACCEPTED WITH RESERVE by entering the reason directly on the delivery document (for example: missing package, broken package, tampered with package, etc.). The indication “accepted with reservation” is to be considered null and void or otherwise ineffective where it is not accompanied by the specific reason on the delivery document. Any problems concerning the physical integrity of the product, correspondence and/or completeness of the products received must be reported within five days of receipt via PEO at sales@annavalotta.com. Omission of the above procedures will not entitle the Customer to claim damages.

 

Art. 7 Right of withdrawal

 

7.1 Pursuant to Articles 52 et seq. of Legislative Decree 206/2005 (Customer Code), the Customer Customer has the right to withdraw from the contract for any reason, without the need to provide explanations and without incurring costs other than those provided for in Article 56, paragraph 2 and in Article 57 of the Customer Code.

 

7.2 The aforementioned right of withdrawal must necessarily be exercised within fourteen days from the day the Customer acquires physical possession of the good. In the case of multiple goods ordered by the Customer in one order and delivered separately, from the day the Customer acquires physical possession of the last good. In the case of delivery of a good consisting of multiple lots or pieces, from the day the Consumer acquires physical possession of the last lot or piece.

 

7.3 If the Customer has appointed a person they trust to pick up the product, the right of withdrawal will run from the day the product is delivered to the designated person, other than the courier.

 

7.4 To be able to exercise the right of withdrawal, the Customer must send notice to PEO sales@annavalotta.com before the expiration of the fourteen days and be sure that the product is returned intact to AV Design S.r.l. – Benefit Society, that is, clean, not creased, without obvious signs of wear and tear, without removal of the safety wire, which must not be broken or unraveled.

 

7.5 AV Design S.r.l. – Benefit Society, as soon as it receives the communication of the exercise of the right of withdrawal, will send a PEO to the Customer, to the PEO address indicated, making known the return code, which the Customer must report in the return form that it will receive from the seller via PEO. The return of the product must take place at the location indicated via PEO of AV Design S.r.l. – Benefit Society within fourteen days from the date on which the Costumer communicated the decision to withdraw from the contract. Returns without return authorization will not be accepted. It is the Customer’s responsibility to contact the seller and arrange for pickup of the products to be returned.

 

7.6 The Customer shall bear all costs related to the return of the products unless, in writing, otherwise agreed upon between the seller and the Customer.

 

7.7 The right of withdrawal applies provided that the purchased product is returned in its entirety; it is not possible to exercise the right of withdrawal for only part of the product; the returned product must be intact and fully resalable by AV Design S.r.l. – Benefit Society. The product must be returned in its original packaging, and the security thread must not be removed or unstitched. The Customer must take all necessary precautions, according to the good family man, to avoid damage to the product during transportation, by properly packing the product. AV Design S.r.l. – Benefit Society recommends placing the products in a box/container, closing it and affixing a label with all the necessary return information. The affixing of labels and/or tapes and/or any other material directly on the original product packaging should be avoided in any case. The transport of the product takes place under the complete responsibility of the Customer until the arrival of the good at the warehouse of AV Design S.r.l. – Benefit Society that will be indicated by PEO to the consumer.

 

7.8 If the goods are damaged during transport, AV Design S.r.l. – Benefit Society will immediately notify the Customer. The product will be made available to the Customer and the return request cancelled.

 

7.9 AV Design S.r.l. – Benefit Society will refund all payments received in relation to the product for which the right of withdrawal has been exercised, including shipping costs related to the cheapest shipping method made available, within fourteen days from the day on which AV Design S.r.l. – Benefit Society received the communication regarding the exercise of the right of withdrawal. The seller will make the refund on the same method of payment used to place the order, unless the Customer In any case, the Customer will not incur any costs as a consequence of such refund. AV Design S.r.l. – Benefit Society may withhold the refund until it has received the product or until the Customer has provided proof of return, whichever comes first.

 

7.10 The Customer may be held liable for any decrease in the value of the goods resulting from their manipulation.

 

7.11 The right of withdrawal does not apply to supply of sealed goods that are not suitable to be returned for hygienic or health protection related reasons and that have been opened after delivery or in case of supply of products that are, after delivery, inseparably mixed with other goods or otherwise lacking the originally supplied packaging and safety thread.

 

7.1 The right of withdrawal does not apply to contracts concerning the purchase of Products made to measure or clearly customized. Particular reference is made to all those products that are not supplied in standard and predetermined sizes, but must be cut to size according to the request arrived at AV Design S.r.l. – Benefit Society.

 

Art. 8  Voluntary Return

 

8.1 The Customer is entitled, without prejudice to their right of withdrawal, to return the Products, for any reason whatsoever, by filling out a form available online indicating the reason for the return, within a period of 14 (fourteen) days starting from the date on which the Customer, or a third party indicated by them other than the courier and/or transporter, received the last of the Products purchased. The period of 14 (fourteen) days shall constitute a minimum period and Seller may, at any time and at its discretion, grant Customer a longer period to return the Products.

 

8.2 The Customer may only return Products that are intact, complete, unused and undamaged, with security thread intact, uncut and uncracked.

 

8.3 Items must be returned to the Seller, without delay at the Seller’s location. Shipment costs are fully charged to the Costumer.

 

8.4 After receiving the Products, the Seller will immediately check the Products in order to confirm to the Customer that the return has been accepted.

 

8.5 The Seller will refund to the Customer the Sale Price for the returned Products as soon as possible and in any event within 14 (fourteen) days from the day they received the Products. The Seller will not refund any shipping costs incurred by the Customer.

 

Art. 9 Warranty

 

9.1 The Customer buys as a Consumer, as defined by the Consumer Code, and therefore benefits from the so-called legal guarantee of conformity to which the seller is legally bound on every good sold.

 

9.2 If the products are affected by defects or do not correspond to the descriptions on the website, the provisions of Legislative Decree No. 206 of 06.09.2005 shall apply and the Seller shall be liable to the Customer for a period of two years from the delivery of the Products for defects in the goods and non-conformity.

9.3 The Customer may request that the Products be restored to conformity free of charge or replaced. If repair or replacement is impossible or excessively burdensome for the Seller and/or if the Seller has failed to repair or replace within a reasonable period of time and/or if an earlier repair or replacement has caused significant inconvenience to the Customer, the Customer may request a price reduction or termination of the contract. Articles 130 ff. of Legislative Decree No. 206/2005 shall apply.

 

9.4 Any defect or lack of conformity must be reported within the period of 2 (two) months after discovery, under penalty of forfeiture of warranty rights.

 

Art. 10 Disclaimer and limitations of liability

 

10.1 All content on the website is of a general nature and is for informational purposes only and in no way constitutes conventional warranties, technical opinions, or specific promises of quality and does not bind the Seller in any way and therefore cannot be relied upon against the Seller or any third party.

 

10.2 The Seller, except in cases of willful misconduct or gross negligence, shall not be liable for any direct and/or indirect, incidental and/or consequential, pecuniary or non-pecuniary damages suffered by the Customer as a result of careless reliance on and/or improper use of the contents of the site.

 

10.3 The Seller, except in cases of willful misconduct or gross negligence, does not provide any guarantee on the final result consequent to the use of the products supplied. The Customer, therefore, in the event of a final result not in line with its expectations, shall not be able to charge the Seller with any liability, direct or indirect; nor shall any damage, direct or indirect, incidental and/or consequential, pecuniary and/or non-pecuniary be owed by the Seller.

 

10.4 The Parties, except in the case of willful misconduct or gross negligence, agree to exclude any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability of the Seller for damages, direct or indirect, that may be caused by the non-acceptance, even partial, of the order.

 

10.5 The Parties, except in cases of willful misconduct and gross negligence, agree to exclude the liability of AV Design S.r.l. – Benefit Society with respect to damages, direct and indirect, pecuniary and non-pecuniary, losses, lost profits and costs suffered by the Customer as a result of non-, partial and/or inexact performance and/or for defects and/or faults in the product.

 

10.6 The Parties agree to exclude the liabilitỳ of AV Design S.r.l. – Benefit Society for delayed or non-delivery of products due to unforeseeable circumstances, force majeure, facts not attributable to the Seller, including third party events and therefore no damages, penalties and/or compensation will be due by the Seller to the Customer in such cases.  Force majeure includes but is not limited to: earthquakes, floods, floods, accidents, fires, explosions, strikes and/or lockouts, epidemics, pandemics, and in any case of all those events that totally or partially preclude the performance of the service and/or shipment within the terms indicated in these conditions of sale or within the term eventually agreed upon in writing between Customer and Seller.

 

10.7 The Seller, except in cases of willful misconduct or gross negligence, shall not be liable for damage to the Customer’s products or products of which the Customer’s products form a part.

 

10.8 The Seller shall not be liable, except in cases of willful misconduct or gross negligence, for unavailability or malfunctions concerning the use of the Internet that are beyond the Seller’s control.

 

10.9 Seller, except in cases of willful misconduct or gross negligence, shall not in any case be held responsible for any fraudulent, unlawful, or unauthorized use by third parties of credit cards or other methods of payment, if it proves that it took all precautions reasonably possible in accordance with current practice and common experience by seller of similar size, at the time of purchase and based on ordinary diligence.

 

10.10 The Seller shall not be held responsible for the erroneous issuance of accounting or tax documents as well as for delayed and/or non-delivery or any additional costs incurred by the Customer due to false, incorrect, imaginary, or third-party data provided by the Customer.

 

10.11 The Seller, except in cases of willful misconduct or gross negligence, assumes no responsibility for the lack of availability of any product.

 

10.12 Seller and Customer agree that in the event of any established nullity, invalidity or ineffectiveness of Seller’s disclaimer and limitation of liability clauses, any damages awarded to the Customer, for cases of culpable non-performance of the Seller, will in any case be limited to an amount not exceeding the price paid by the Customer for the purchase of the product.

 

Art. 11 Price

 

11.1 The price of the products shown in the online store are in euros and do not include VAT applicable under the law.

 

11.2 The price of products may be subject to change, so the seller reserves the right to update them without prior notice.

 

11.3 The Customer will purchase the products at the price displayed at the time of order submission (by confirming with the “ORDER” button)

 

11.4 Shipping costs are charged to the Customer, as well as those that may be incidental and related to the payment method chosen by the Customer. It is also at the expense of the Customer any incidental costs and/or taxes necessary for the shipment and delivery of the product, none excluded.

 

Art. 12 Method of Payment

 

12.1 The Customer will be able to pay by credit card.

 

12.2 Payment by “credit card” is made at the time of ordering. This payment system allows for faster processing. All credit cards of major international payment circuits are supported.

 

12.3 It is understood that the Customer, by filling in the appropriate spaces in the online purchase procedure, authorizes AV Design S.r.l. – Benefit Society to use their credit card or other payment card, as well as to debit their bank account in favor of the seller, the exact total amount highlighted at the end of the purchase procedure. The online purchase procedure is carried out through a secure connection directly connected to the banking institution owner and operator of the online payment service.

 

 

12.4 It is understood that the shipment of goods will take place only after the seller has received full payment for the goods ordered.

 

Art. 13 Copyright, intellectual property, and confidentiality obligations

 

13.1 All content published on AV Design S.r.l. – Benefit Society websites and online store is copyrighted. Any non-statutory use requires written permission in advance from AV Design S.r.l. – Benefit Society. All fraudulent uses of such content will be considered as infringement offenses and punished according to the rules of the Intellectual Property Code.

 

13.2 All information pertaining to the Know-how and/or trademarks, patents owned by AV Design S.r.l. – Benefit Society, as well as other commercial and corporate information, of which the Customer will become aware in the course of any purchase negotiations and during the execution of the contract must be understood to be confidential and may not be used either directly or indirectly by the Customer except to the extent strictly necessary for the proper execution of the contract, nor shall it be disclosed to third parties without prior written authorization from the Seller.

 

13.3 Any violation will be punished according to the applicable laws, reserving the right on the part of AV Design S.r.l. – Benefit Society to also act for compensation for all pecuniary and non-pecuniary damages, directly and/or indirectly caused by the violation of the aforementioned provisions.

 

Art. 14 Privacy, data protection, and contract storage arrangements.

 

14.1 Personal information are collected exclusively for the purpose of registering the Customer and activating in his regard the procedures for the conclusion and execution of the contract and sending the necessary communications. These information are processed electronically in compliance with the relevant regulations and may be produced only upon express request of the Judicial Authority or other Authorities authorized by law.

 

14.2 Attention to the security and confidentiality of Customer information is a priority for the Seller. The information provided is considered strictly confidential and the Seller agrees not to disseminate or sell the information in its possession to outside companies for promotional purposes.

 

14.3 The Customer, by signing these general conditions of sale, declares that they have been informed of all the elements provided for by the sector regulations as well as having read the complete privacy policy present on the site in the relevant section and therefore gives their consent so that their personal and company data may be processed in accordance with the law and, if necessary, communicated to third parties whose cooperation should become necessary.

 

14.4 All personal information provided will be processed in accordance with the provisions of Legislative Decree 196/2003 and subsequent amendments. Full copy of the information on data processing and the use of cookie technology is available on the site under “privacy”.

 

14.5 Pursuant to art. 12 of Legislative Decree 70/2003 AV Design S.r.l. – Benefit Society informs the Consumer Customer that every order sent will be stored in digital and/or paper form in the archives located at the registered office of the seller itself or on information systems/computer tools of service providers of the seller and whose relationships are governed by regular service contract (e.g. c.d. Server Farm).

 

Art. 15 Operation of the online store. The online store/ e-commerce is operational during business days only. Online sales are interrupted on ordinary closing days such as Saturdays and Sundays, as well as on all public holidays, and during any extraordinary closures (e.g., Judicial Authority measure; force majeure). It is understood that any online orders placed during the aforementioned closing periods, will be processed and processed by AV Design S.r.l. – Benefit Society only when the business resumes/reopens. The seller, in any case, reserves the right to independently suspend the operation of the online store without prior notice.

 

Art. 16 Jurisdiction and ADR

 

16.1 In the event that disputes arise relating to or in connection with this contract, the parties shall agree to attempt to preliminarily settle the disputes by mutual agreement and in an amicable manner.

 

16.2 In the case of disputes between Seller and Customer, who also falls under the definition of Consumer for the purposes of applicability of EU Directive No. 524/2013, concerning contractual obligations arising from the online sales contract concluded between the parties, the Seller informs that the European Commission develops and provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr (ODR platform). Through this platform, the Customer-Consumer may file a complaint regarding the online sales contract concluded with the Seller. The website mentioned earlier (http://ec.europa.eu/odr) contains all the necessary information for the Customer-Consumer to fill in the complaint and the procedure to be followed.

 

16.3 Any dispute that has not been settled out of court, related to the online sales contract or these general conditions of sale, that may arise between AV Design S.r.l. – Benefit Company and the Consumer Customer, the Competent Court shall be exclusively that of the place of residence or domicile of the Consumer.

 

Art. 17 Applicable Law and Language

 

17.1  This contract is concluded in the Italian language and the Italian text is the only one that will be authentic in case of extrajudicial and judicial disputes and/or litigation between Seller and Customer. Any English or other foreign language versions of these general conditions of sale on the website are prepared solely to facilitate the Customer’s understanding and content of the contract.

 

17.2 This contract shall be governed exclusively by Italian domestic law, and in the event of judicial litigation the sole language of the proceedings shall be Italian.

 

17.3 For anything not expressly regulated by these general conditions of sale, the rules of the Civil Code and the rules on electronic commerce (Legislative Decree No. 70/2003) and Consumer Code (Legislative Decree 206/2005) apply.

 

17.4 The Parties, in cases of “international sales”, agree to expressly exclude the application of the Vienna Convention (CISG 1980) and the contract will be governed exclusively by Italian domestic law.

 

 Date, 2022/11/7

 

 

 

 

STEP 1) GENERAL APPROVAL OF THE TERMS OF SALE THROUGH POINT AND CLICK.

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STEP 2) Specific approval under Articles 1341, co. II, and 1342 of the Civil Code. The Consumer Customer declares that they have fully and carefully read the general terms and conditions of sale and expressly approves, by point and click, the following specific clauses: 4) Product information; 5) Availability of products; 6) Delivery and shipping methods, terms and costs; 10) Exemption and limitations of liability; 15) Operation of the online store; 16) Competent Court and ADR; 17) Language and Applicable Law.

 

 

Date, / / SPECIFIC APPROVAL BY SECOND STEP POINT AND CLICK