Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
1. Online contracts: provisions
The present general terms and conditions of sale comply with the provisions of EU directive 97/7/CE and Italian legislative decree no.185/99 on the protection of consumers in respect of distance contracts. The distance contract addressed herein concerns goods and/or services and is entered into between the supplier, Villa Sermolli SRL with registered office at Via Umberto 1, 51011 Catello Buggiano, and a buyer through an online sales system set up by the supplier Villa Sermolli SRL using Internet communication technology. Agreements of this kind shall be concluded directly when a consumer accesses the http://www.villa-sermolli.com website, follows the specified procedures and completes the purchase of the intended item. Online contracts executed between Villa Sermolli SRL and the buyer shall be deemed concluded upon acceptance – in some cases, only partial acceptance – of the order by Villa Sermolli SRL. When placing an order in the manner contemplated, the buyer acknowledges having read all the information provided during the purchasing procedure, and accepts in full the general conditions and the payment terms printed hereunder. The buyer shall have no right whatsover to compensation of any kind nor shall Villa Sermolli SRL incur any contractual or extra-contractual liability for damages caused directly or indirectly to persons and/or things as a result of the non-acceptance, even only partial, of an order. The terms of sale indicated below shall remain in force until amended by Villa Sermolli SRL; any amendments shall take effect when they are posted on the http://www.villa-sermolli.com website and shall apply to sales made from that moment onwards.
2. Selling Prices
Products listed in the online catalogue may be purchased if there is a “Add to cart” icon beside them (please take note that a product’s characteristics may not correspond exactly to the illustration in the descriptive outline). The prices indicated on the http://www.villa-sermolli.com website are given in euros and they are subject to VAT. Villa Sermolli SRL reserves the right to change the prices of products posted on its website at any time; the new prices become applicable immediately.
3. Delivery costs and procedures
Dispatch costs and delivery times vary according to the destination of the products ordered. A charge of €5.00 is made for deliveries in Italy; the cost of dispatch to locations elsewhere varies according to the destination €8,00 for EU Countries. The buyer will in any case be informed of the dispatch and delivery costs before the order is accepted. Villa Sermolli SRL will have the products dispatched to the delivery address indicated by the buyer when placing the order, using the postal service or reliable couriers and/or forwarding agents. Delivery takes about 10 working days.
Villa Sermolli SRL shall in no case be held liable for late delivery or non-delivery ascribable to force majeure or exceptional circumstances.
4. Product availability
Customers consulting the online catalogue on the http://www.villa-sermolli.com website may buy products where they see the “Add to cart” icon.
Villa Sermolli SRL accepts no liability for unsatisfactory service due to force majeure that has prevented the company from meeting its contractual obligations – wholly or in part – by the date agreed. Villa Sermolli SRL shall not be held liable to any party with respect to damages, losses and costs incurred following the non-execution of the contract for the reasons stated above, the buyer’s rights being limited to refund of the sum paid. Likewise Villa Sermolli SRL shall not be held liable for any fraudulent and illicit use by third parties of credit cards, cheques or other payment instruments, to pay for the items purchased. At no time during the purchasing process is Villa Sermolli SRL in fact able to acquire knowledge of the buyer’s credit card number: a secure connection is established and the number is transmitted direct to the bank that handles this online shopping service; likewise Villa Sermolli SRL is unable to verify proper and lawful use of the credit instrument submitted by the buyer upon purchase.
6. Buyer’s obligations
Once the online purchase process is complete, the buyer undertakes to print out and keep the present general terms and conditions – the perusal and acceptance of which are, moreover, a mandatory step in the purchase procedure – as well as the specifications of the product just purchased. The existence of these two documents is necessary in order to wholly satisfy the condition set forth in articles 3 and 4 of Legislative Decree no. 185/1999. 6.1 The buyer is severely prohibited from entering any false and/or invented and/or fictitious data when completing the registration procedure necessary to activate the purchase process, the present contract and any subsequent communications; sociodemographic details and e-mail address must be comprised solely of the buyer’s own real personal data, not data referring to a third party or fictitious character. Villa Sermolli SRL reserves the right to take legal action in the event of any infringement or misuse, with a view to protecting the interests of consumers at large.
7. Right of withdrawal
In accordance with the provisions of legislative decree no.185/99 buyers who, for any reason whatsoever, are dissatisfied with a purchase made are entitled to withdraw from the purchase contract without having to state the reason why, and without incurring a penalty, within a cooling-off period of 10 working days starting from the day on which the goods were received. Notice of any such withdrawal intention must be given in a registered letter with advice of receipt, addressed to Villa Sermolli SRL , Via Umberto 1, 51011 Catello Buggiano. The buyer shall undertake, at their own expense, to return the item in perfect condition and in its original packaging as soon as it is received; Villa Sermolli SRL shall refund the price of the book within 30 days of receiving the withdrawal notice.
8. Authorizations and confidentiality of credit card data
By completing the space provided on the relative web page, the buyer authorizes Villa Sermolli SRL to use their credit card and charge to their current account – to the benefit of Villa Sermolli SRL – the total sum indicated as the cost of the online purchase. The entire procedure is carried out through a secure connection established with the bank which handles the online payment service. Villa Sermolli SRL does not have access to this service.
9. Termination of the contract and defeasance clause
Villa Sermolli SRL shall have the right to cancel the contract by simply notifying the buyer and stating adequate and justified motivations; in such a case the buyer shall be entitled solely to the refund of any sum already paid. The undertakings entered into by the buyer (see art. 6: Buyer’s obligations), as well as the guaranteed collection of the payment made by the buyer with the instruments referred to in art. 2, are deemed essential: it is therefore explicitly agreed that the failure of the buyer to fulfil even just one of said obligations shall result in the automatic cancellation of the contract in accordance with art.1456 of the Italian Civil Code, there being no need for any legal judgment, save the right of Villa Sermolli SRL to bring legal proceedings for the compensation of further losses.
10. Governing law and cout of jurisdiction
Sales contracts executed on the http://www.villa-sermolli.com website are governed by Italian legislation and any disputes arising from them shall be referred solely to the Pistoia, Italy Courts.