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1. - Definitions and annexes.
1.1. - For the purposes of these general agreement conditions, and with reference to the entire http://www.abocashop.com domain, the following definitions shall apply:
ABOCA MUSEUM: the Internet domain intended as an ensemble of human and technical resources corresponding to the Internet address http://www.abocashop.com, and owned by Aboca S.p.A. Società Agricola.
E-SHOP: the ensemble of computer resources located on the web, corresponding to the Aboca Museum domain, where it is possible to conclude the purchase of the products indicated therein via a dedicated software procedure.
Bag: the software procedure which allows products from the E-Shop of Aboca Museum to be purchased following registration and authentication.
Payment instruments: credit and payment orders, credit cards and other payment cards, and any other instrument available which allows for the transfer, movement or acquisition of funds, currency or financial availability, including by digital methods.
Product/s: the movable item/s sold via the Aboca Museum E-Shop.
Order: the digital document generated at the end of the purchase procedure for the products indicated therein, also containing express indication of the delivery costs and any corresponding tax charges. VAT.
Consumer: the natural person who acts for purposes external to entrepreneurial, commercial, trade-based or professional activities potentially carried out.
Courier: the organisation appointed by Aboca S.p.A. Società Agricola to carry out the delivery of the Product/s using methods specified in these general conditions of sale.
Link: The computer instruction associated with an element of the domain http://www.abocashop.com, executing which, normally by clicking the left button of the mouse (so-called point and click), the Purchaser has in the Bag the control to perform the functions described in the corresponding text or images.
1.2. – The following documents, and the annexes to these general conditions of sale, which form a substantial and integral part, can be consulted at any time on the Internet domain of Aboca Museum, and can also be browsed from the corresponding reserved area functions:
Annex 2 – Form for exercising the rights of a) - withdrawal; b). - return;
Annex 4 – Conditions of use of the domain http://www.abocashop.com
Annex 5 - F.A.Q.
1.3. - These General Conditions of Sale may be amended from time to time and in consideration of any regulatory/legislative changes. Amendments and updates of the General Conditions of Sale will be made known to users by means of publication on the Homepage of the Aboca Museum domain as soon as they are adopted and will be binding as soon as they are published on that section of the website. The Purchaser is required regularly to access this section to verify the most recent and updated Aboca Museum General Conditions of Sale. Should the Purchaser not agree, wholly or in part, with the Aboca Museum General Conditions of Sale, he or she is asked not to use this website.
2. - Object.
2.1. - This sales agreement (the Agreement) is entered into between the company Aboca S.p.A., Società Agricola, a company registered in Italy, with address in Sansepolcro, Loc. Aboca, 20 registered with the Arezzo Co. Reg. at no 01704430519 VAT no 01704430519, Tel, 0575.733589, Fax. 0575.744724 and the Purchaser of the product/s indicated with the relevant price/s stated in the details of each product (Product) sold via the Aboca Museum Internet domain referred to as Aboca E-Shop that can be reached at the Internet address http://www.abocashop.com.
2.2. - Offers on the http://www.abocashop.com domain are not binding on Aboca S.p.A. Società Agricola and do not form a retail proposal, but are merely "invitatio ad offerendum". The Purchase order of the Purchaser is contractually binding. The Purchase order is accepted by Aboca S.p.A. Società Agricola with an Order receipt sent by e-mail to the Purchaser, which provides, as further specified in art. 3.3 below, a copy of these general conditions of sale, the description of the characteristics of the product ordered, the essential elements of the agreement (price, payment method), the systems provided by Aboca S.p.A. Società Agricola for filing the Order, the storage of data, and the procedures for the correction of the message content of the Order, the methods for exercising the right of withdrawal, where the Purchaser is a retail consumer, and for submission of any complaints. The Order will also indicate the cost of the Product, inclusive of VAT, and delivery costs, shipping, postal and any other cost which the Purchaser is liable for.
3.1. - This Agreement has validity and must be deemed entered into by the acceptance, even if partial, of the Order by Aboca S.p.A. Società Agricola. Such acceptance is deemed made, if not communicated otherwise by any means to the Purchaser.
3.2. - By sending the order, the Purchaser declares having examined all information issued by Aboca S.p.A. Società Agricola during the purchase procedure, and fully accepts the general and payment conditions stated below.
3.2.1 – Having completed the selection of the Products and wishing to proceed to the purchase of those entered in the Bag, the Purchaser must provide the information requested on the domain in order to conclude the Agreement.
3.2.2. – Specifically at the point of the Order the Purchaser will be required to provide his/her identification details by compiling the data collection (the "Form") which will then be used by Aboca S.p.A. Società Agricola for recording the data on protected digital media, together with the identification code (user ID) and the Access password attributed to the Purchaser, in accordance with the confidentiality obligations for which Aboca S.p.A Società Agricola is liable as prescribed in 8 below. Only and exclusively Purchasers may be registered who are capable of acting according to Art. 2 Italian civil code.
3.2.3. - Aboca S.p.A. Società Agricola permits the purchase of products available on E-shop without registration. All the provisions of these general agreement conditions, where compatible, apply in each case.
3.2.4. – Before the Purchaser is bound, the total price of the items that will form the purchase, will be expressed clearly on making the Order. This price is inclusive of delivery costs, shipment and any other cost that the Purchaser is liable for. Nothing further is due from the Purchaser beyond the total of the Order.
3.3. - Receipt of the complete and correct Order, including the information referred to in 3.2.4 shall be communicated immediately by Aboca S.p.A. Società Agricola, automatically via e-mail, and then on durable media, to the e-mail address declared by the Purchaser in the Form referred to in 3.2 (together with the text of these general conditions of sale).
3.3.1. – This digital communication will also contain that the Date and Time of execution of the Order and a Customer Order Number, to be used in any further communication with Aboca S.p.A. Società Agricola. The message will also contain the data provided by the Purchaser during the purchase procedure, of which the Purchaser is required to verify the accuracy and promptly to communicate to Aboca S.p.A. Società Agricola, any discrepancy, using the following e-mail address: HYPERLINK "mailto:firstname.lastname@example.org"email@example.com
3.4. - The Order and the Order receipt shall be considered received when the addressed parties have been able to access digital messages. If the Purchaser, within 24 hours from sending the Order, does not receive the Receipt from Aboca S.p.A. Società Agricola or other communication the Purchaser must promptly contact Aboca S.p.A. Società Agricola at the address: firstname.lastname@example.org. Aboca SpA Società Agricola will promptly notify the Purchaser of any failure to accept the Order.
3.5. - Having completed the online purchase process, where the Purchaser is a retail consumer (natural person who acts for purposes other than entrepreneurial, commercial, trades-based or professional activities) he/she must save the general conditions of sale, provided to him/her on durable media using the methods indicated, pursuant to the provisions of articles 51 et seq. of Legislative decree 206/05.
3.6. - For each order made on the Aboca E-Shop domain, Aboca S.p.A. Società Agricola, only on express request, will issue an invoice relating to the products shipped, sending it by e-mail, or together with the item, where no e-mail address has been communicated, to the order payer, pursuant to D.P.R. 445/2000. For issuing the invoice, the information provided by the Purchaser upon making the Order will be valid. No variation to the invoice will be possible, after its issue.
4. - Delivery and prices.
4.1. -The delivery of the Product within the Italian territory will be made provisionally within 72 working hours from receipt of the Order; it will be made via the authorised courier. The Product will travel covered by an appropriate insurance policy. The Purchaser may ascertain the status of the order on the site of Aboca S.p.A. Società Agricola, http://www.abocashop.com, within the E-Shop section, following registration, by clicking on the Your Orders link. For any information on the status of the order and payment the Purchaser may contact Aboca Museum by writing an e-mail to email@example.com.
4.2. - The delivery of the content of the Order is agreed to be at street level unless the purchase expresses delivery to a specific floor, where envisaged. On delivery of the product by the courier, the Purchaser is required to check the following: (a). – that the number of packages delivered corresponds to that indicated in the shipping document sent in advance by e-mail; (b). – that the package is complete, undamaged, dry or however unchanged, including the sealing materials (adhesive tape or metal clips).
4.3. - Any damages to the packaging and/or the product or any lack of packages or instructions must be reported immediately, stating reserves in writing (specifying the reason e.g. "package perforated", "package crushed", etc) on the courier's proof of delivery. Having signed the courier's document, the Purchaser may not dispute the exterior characteristics of the package delivered.
4.4. -Any problems regarding the physical integrity, accuracy or completeness of the products received must be notified within 7 days from delivery, according to the methods envisaged in these general conditions of sale.
4.5. -In the event of failure, within 5 business days, to collect items held at the depot of the courier because of repeated failed deliveries to the address indicated by the Purchaser in the order, the order will be returned to the warehouses of Aboca Società Agricola S.p.A. Where the item remains undelivered, it will be charged to the recipient (Specify the storage costs).
4.6. -Aboca Società Agricola S.p.A. shall have the option to amend the terms and conditions of delivery at any time and at its own unchallengeable judgement.
5. Obligations of the Purchaser and Payments.
5.1. – By accepting these general agreement conditions, by sending the Order, the Purchaser undertakes to pay Aboca S.p.A. Società Agricola, by means of the payment instrument selected from those available on the E-Shop, the amount indicated in the relevant field of the purchase procedure in the Bag and agrees to provide Aboca S.p.A. Società Agricola, where requested, all the necessary updated, complete and precise personal information.
5.1.1. – Where even a single one of the pieces of information referred to above are inexact, false or misleading, Aboca S.p.A. Società Agricola shall have the option to terminate the Agreement and not fulfil the Order and to retain, as a penalty, 50% of the amount paid by the Purchaser for the purchase of the Product, without affecting compensation of greater damages.
5.1.2. – In the case of payment by bank transfer payable to Aboca SpA Società Agricola, the Purchaser must specify in the reason for payment field the order number indicated in the e-mail received on sending the order and immediately notify it to Aboca S.p.A. Società Agricola. This confirmation of the transfer must contain a copy of the documents proving the stated operation has been carried out.
5.2. – Where the Purchaser opts for the credit card payment method, the Purchaser will be directed to the page of the Internet site of the banking institution that owns and manages the online payment service, to communicate the credit card details via a protected connection. For accounting/administrative requirements, Aboca Museum reserves the right to verify the details provided by the Purchaser.
5.2.1. - Where goods are purchased using the Credit Card payment method, the relevant banking institution will require only a commitment to authorise the amount of the purchase, at the time of the online transaction. The amount relating to the goods fulfilled will effectively be charged to the credit card of the Purchaser only following notification to Aboca S.p.A. Società Agricola, of confirmation of the delivery of item ordered from the courier.
5.3. - If such notification is not made by the courier or notification is not required for certain types of shipment, Aboca S.p.A. Società Agricola, not being aware of certain delivery date of the material ordered, reserves the right to charge the credit card on the day following the shipment of the material.
5.4. - If the Order is cancelled, whether by the Purchaser or if it is not accepted by Aboca S.p.A. Società Agricola, Aboca S.p.A. Società Agricola, will at the same time request cancellation of the transaction and deauthorisation of the amount, with notification of the same to the Purchaser by e-mail. Deauthorisation times, for some types of card, depend solely on banking systems and may vary up to their natural expiry (24th day from the authorisation date). Having cancelled the transaction, in no event will Aboca S.p.A. Società Agricola be held liable for any damages, direct or indirect, caused by delay in the failed deauthorisation of the amount pre-authorised by banking systems. Aboca S.p.A. Società Agricola reserves the right to charge the Purchaser's credit card in order to avoid expiration of the pre-authorisation of the transaction, on the 23rd day.
5.5. - Aboca S.p.A. Società Agricola reserves the right to request further information from the Purchaser (e.g. landline telephone number) or to be sent a copy of documentation proving ownership of the Card used. In the absence of the documentation requested, Aboca S.p.A. Società Agricola reserves the option not to accept the order.
5.6. - At no point of the purchase procedure is Aboca S.p.A. Società Agricola able to become aware of the information regarding the Purchaser's credit card, which is sent by protected connection directly to the site of the banking institution managing the transaction. No Aboca S.p.A. Società Agricola digital archive will store such data. In no event therefore can Aboca S.p.A. Società Agricola be held liable for any fraudulent use and undue charging of the credit card by third parties, on payment for the products purchased on Aboca E-Shop.
5.7. - The prices indicated regard deliveries to addresses within the European Union and Switzerland and include VAT. For all other countries, the final prices will not include VAT. The VAT rate is calculated according to the destination country of the goods ordered. Specifically, orders for goods to EU countries are subject to the VAT rate of Italy, currently 22%. Orders made for goods to other countries (e.g. Japan, USA) do not include VAT. It is the Purchaser's responsibility to fulfil his/her obligations relating to taxes, duties and other appropriate charges in his/her country of residence.
6.1. - According to Art. 52 of Legislative Decree 206/2005, where the Purchaser is a consumer (meaning a natural person that purchases goods for purposes other than his/her entrepreneurial, commercial, trades-related or professional activity, or makes the purchase with indication of a VAT number in the order form) he/she is entitled to withdraw from the purchase contract for whatever reason, without providing reasons and without any liability.
6.2. - In any case, to exercise this right of withdrawal, the Purchaser must provide Aboca S.p.A. Società Agricola, using the methods indicated in 6.2.2 below, with notification of exercise of the right of withdrawal within the maximum term of 14 (fourteen) days from receipt of the product purchased at his/her address;
6.2.1. - More specifically, the term for the above clause runs from the day the consumer or a third party, other than the shipper and designated by the consumer, gains physical possession of the items or, in the case of multiple items, ordered by the consumer in a single order and delivered separately, from the day on which the consumer or a third party, other than the shipper and designated by the consumer, gains physical possession of the final item;
6.2.2. - Notification of withdrawal pursuant to art. 6.2, or any other express declaration, may be sent, also using the withdrawal form as in annex 2-A, to Aboca S.p.A. Società Agricola, by the following means: (a). - registered mail with receipt notificaiton, to the address Loc. Aboca 20, 52037, Sansepolcro (AR) ITALY; (b). - e- mail to HYPERLINK "mailto:firstname.lastname@example.org"email@example.com; (c). - Fax no. 0575/74.47.24;
6.2.3. - In the case of exercising the right of withdrawal envisaged by art. 6.2.2. d), Aboca S.p.A. Società Agricola, shall notify without delay (no later than 48 hours) the consumer with confirmation of receipt of the withdrawal on durable media, meaning: (a). - by e-mail if an e-mail address was communicated upon purchase;
6.3. - the product delivered, carefully packaged in the original packaging to the same address as above.
6.3.1. - The shipping costs for returning the goods are payable by the Purchaser, including where no cost has been paid for the original delivery of the product. The shipment must be made by the Purchaser within 14 (fourteen) days following notification of withdrawal (even if sent by mail, fax or by completing the relevant form on line as mentioned in art. 5.2.3. d).
6.3.2. - Until the product has reached the above-mentioned address, the Purchaser is solely responsible for its integrity, having verified its arrival Aboca S.p.A. Società Agricola will refund the Purchaser the price paid for the product purchased and any delivery and shipping costs but Aboca S.p.A. Società Agricola will not reimburse additional costs, where the consumer has expressly opted for a type of delivery other than the least costly delivery proposed by Aboca S.p.A. Società Agricola.
6.3.3. - In each case, the burden of proof of withdrawal falls on the consumer, who must demonstrate having returned the items.
6.3.4. - The product purchased must be returned whole and in its original packaging (if present), complete in all of its parts. In case of damage to the item during transport though the fault of the shipper, Aboca S.p.A. Società Agricola shall promptly inform the Purchaser (within 5 days from its receipt) to allow the Purchaser promptly to report the event against the shipper and to obtain reimbursement of the value of the product returned, without charging Aboca S.p.A. Società Agricola, for the event.
6.3.4. - The consumer is solely responsible for the loss of value of items resulting from handling of the items other than necessary to establish the items' nature, characteristics and operation.
6.4. - If due, the refund will be paid within the term of 14 days from receipt of the registered mail notifying exercise of the right of withdrawal, using the same payment instrument as used by the consumer to pay for the item about which the right of withdrawal was exercised, unless the consumer expressly agreed otherwise, and on the condition that the consumer does not sustain any cost as a consequence of the withdrawal.
6.4.1. - Aboca S.p.A Società Agricola reserves the option to withhold the refund until it has received the items or until the consumer provides proof of having shipped the items, whichever is first.
6.5. - Accessory contracts are terminated by law, without cost for the consumer, other than prescribed.
7. Limitations of liability and guarantee for lack of conformity
7.1 - Aboca S.p.A. Società Agricola will not accept any liability for any damages, direct or indirect, affecting the Purchaser or third parties for facts and/or conduct not attributable to the same. More specifically, the Purchaser is excluded from any damages compensation or indemnity, and any contractual or non-contractual liability for direct or indirect damages to persons and/or items, through failing to accept, including partially, an order. - Aboca S.p.A. Società Agricola will not be liable for delays in the fulfilment or in the delivery of an Order.
7.2. - Where the Purchaser is a consumer (as above), all products sold in the online shop are also covered by the legal guarantee set out in articles 128 et seq. of Legislative decree 206/2005 for any defects in the product purchased existing at the time of the sale, which appear within two years from the delivery of the item itself. This defect must be notified, on pain of default, within two months from the date the consumer discovers the fault. The action against Aboca S.p.A. Società Agricola envisages, in each case, the term of 26 months from the date of delivery of the product purchased. In the case of a fault, the Purchaser (also the consumer) is entitled to restoration, without being liable for costs or charges, of the product's conformity by replacement or repair, or a proportionate reduction of the amount paid for it or termination of the agreement, pursuant to art. 130 of Legislative Decree 206/2005.
7.3. - To get the conformity of the product purchased from the online store reinstated, the consumer must send, within the maximum term of 26 months from delivery of the product, the form provided in annex 2-B, by registered mail with receipt notification to the address of Aboca S.p.A. Società Agricola indicated above. Having received the above notification Aboca S.p.A. Società Agricola will contact the Purchaser within the next 3 business days to notify the methods by which the purchased product will be returned, involving a collection by shipper without any additional costs for the Purchaser. The product must be returned if possible in its original packaging, complete with all components. Once the integrity of the returned product has been checked, Aboca S.p.A. Società Agricola will replace or repair and re-ship it to the consumer's address. If it is impossible to repair or replace it, the consumer has the option to request termination of the purchase agreement regarding the item, or a reduction of the price, under the conditions indicated in art. 130 of Legislative Decree 206/2005.
7.4. - In the event where the defect reported by the consumer does not form a defect in conformity according to articles 128 et seq, Legislative decree 206/2005, the Purchaser will be charged any costs of verification and reinstatement, and the costs of transport sustained by Aboca S.p.A. Società Agricola.
8.1. - The Purchaser may not transfer this Agreement and the Order, wholly or in part, without the prior written consent of Aboca S.p.A. Società Agricola.
9. - Mandatory legal information according to Art 13 of Legislative decree. 196/2003.
9.2. - Without prejudice to the above, and upon authorisation of personal data processing as envisaged in 8 below, Aboca S.p.A. Società Agricola has the option to communicate said data to entities it has delegated and/or appointed to fulfil the activities related to the Agreement and the Order and to communicate them solely for those purposes, upon signature of those entities undertaking to the confidentiality of the personal data thus received.
10. - Confidentiality and communications.
10.1. - Aboca S.p.A. Società Agricola undertakes to maintain the confidentiality of all personal data provided by the Purchaser and not to use and/or disclose it, not even partially, to third parties for any reason, unless by express request and/or order to exhibit by legal and civil authorities, and the specific situations envisaged in 5 above.
10.2. - All communications relating to the Agreement and the Order shall also be sent by e-mail. Specifically, those for Aboca S.p.A. Società Agricola at the address: firstname.lastname@example.org.
11. Competent court - deferral.
11.1. - For any and all disputes that may arise over the interpretation, execution and validity of the Agreement and the Order, the court of Arezzo will have competence.
11.2. - Any nullity and/or invalidity of clauses or part of one or more clauses will not affect the Agreement as a whole or the other clauses contained therein not affected by the nullity and/or invalidity shall therefore be deemed fully valid and in effect.
11.3. - The Agreement, where not explicitly stated otherwise, falls under the regulation of Italian law.
12. - Consent to personal data processing.
12.2. - The Purchaser also give his/her consent for his/her personal data to be processed for issuing the newsletter or marketing information or for sending advertising messages or interactive marketing communications by Aboca S.p.A. Società Agricola or by its subsidiaries or companies forming part of Gruppo Aboca S.p.A. Società Agricola or specifically contracted agents of Aboca S.p.A. Società Agricola.
13. - Express approval of clauses according to articles 1341 and 1342 Italian Civil Code.
Pursuant to and by effect of the provisions or articles 1341 and 1342 Italian civil code the Purchaser states having carefully read all the clauses and conditions of this Agreement, and accepts and approves the articles contained therein, and particularly the following articles: 1. - Definitions and annexes. 2. - Object. 3. - Efficacy. 4. - Delivery and prices; 5. - Obligations of the Purchaser. 6. - Withdrawal. 7. - Limitations of liability and guarantee for lack of conformity. 8. - Non-transferability. 9. - Mandatory legal information according to Art 13 of Legislative decree. 196/2003. 10. - Confidentiality and communications. 11. Competent court – deferral. 12. - Consent to personal data processing.