Effective from January 29, 2015
Contract for the sale of goods online
The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity.
Identification of the Supplier
The real object of these general conditions are offered for sale by EASYKAY SRL based in ALESSANDRIA (ITALY), via Manzoni n. 7, registered with the Chamber of Commerce to ALESSANDRIA n. AL – 257 805 of the Companies Register, fiscal code 02462380060, VAT number 02462380060, hereinafter referred to as “Supplier”.
Art. 1
Definitions
1.1. The term “contract of sale on line” means the purchase agreement relating to movable tangible property and services of the supplier, entered into between them and the Buyer as part of a sales system remotely via telematics, organized by the Supplier.
1.2. The term “Purchaser” shall mean the natural person undertaking consumer purchase, under this contract, for purposes not related to the commercial or professional activity.
1.3. The term “Supplier” means the person specified in the epigraph or the lender for information services.
Art. 2
Subject of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser acquires at a distance through telematics movable materials indicated and offered for sale on the website www. .
2.2. The products referred to above are explained on the website: www.tuttomille.org.
Art. 3
Mode of securing the contract
3.1. The contract between the Supplier and the Buyer concludes exclusively through the Internet by accessing the Purchaser at www.tuttomille.org, where, following the procedures indicated, the Buyer formalizes the proposal for ‘ purchase of goods or services and the contract for the purchase of point 2.1 of the previous article.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase agreement is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by completing the form / form attached to the electronic catalog online at www.tuttomille. org and then send the form / module, always after viewing a web page order summary, printable, where information reported to the payer and the order, the price of goods purchased, shipping costs and any additional charges, the procedures and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2. At a time when the Supplier receives the order by the Buyer shall send an e-mail confirmation, or to display a web page confirmation and order summary, printable, which are also reported in the retrieved data previous point.
4.3. The contract is deemed not perfected and effective between the parties at fault than indicated above.
Art. 5
Mode of payment and reimbursement
5.1. Each payment by the Purchaser will be possible only by means of one of the methods indicated in the web page by the Supplier.
5.2. Any refund to the Purchaser, for lack of service or good, will be accredited by one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner. The Purchaser time strictly 12 hours to contest the defect; after that time may no longer require anything.
5.3. All communications concerning payments are made on a special line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of encryption and security in accordance with the provisions of applicable regulations regarding the protection of personal data.
Art. 6
Timing and mode of delivery
6.1. The Supplier will: to deliver the products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the well, as confirmed in the e-mail in point; to grant the service selected by the Purchaser in the manner indicated on the website.
6.2. Times may vary from the day you order a maximum of one business day after the confirmation of the same. In the event that the Supplier is unable to perform within that period, it will be given prompt notice by e-mail to Buyer.
6.3. The procedures, time and costs are clearly stated and well highlighted at www.tuttomille.org
Art. 7
Prices
7.1. All the selling prices of the products displayed and indicated on the website www.tuttomille.org are expressed in euro and an offer to the public pursuant to art. 1336 cc
7.2. The sales prices of the previous point, include VAT and any other taxes. Any shipping costs and any costs (eg. Customs clearance), if present, although not included in the purchase price must be indicated and calculated in the process prior to the order by the Purchaser and also contained in the web page summary of your order.
7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.
Art. 8
Product Availability
8.1. The Supplier assures through the electronic system used processing and fulfillment without delay. For this purpose, indicates in real time, in its electronic catalog, the number of products available and unavailable ones.
8.2. If an order exceeds the amount present in the warehouse, the Supplier, by e-mail, make it known to the Purchaser if the property is no longer bookable or what are the waiting times to get the well chosen, wondering whether it confirms the ‘ order or less.
8.3. The computer system of the Supplier confirms in the shortest possible time of the registration of the order by forwarding to you a confirmation by e-mail, according to paragraph 4.2.
Art. 9
Limitation of Liability
9.1. The Supplier shall not assume any liability for disruptions caused by force majeure if unable to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to him, as the Buyer shall only be entitled to a refund of the price paid and any charges incurred .
9.4. The Supplier shall not assume any liability for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he took all the precautions possible based on the best science and experience of the moment and according to ordinary diligence.
9.5. In no event shall Buyer 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.
9.6. The Provider assumes no responsibility for any illegal use of the goods or services sold all”Acquirente or third parties.
9.7. Supplier to the specific sale of subscriptions to web spaces (EasyBytez.com, TusFiles.net etc.) refer explicitly the Buyer as provided on this website. With your subscription Purchaser indemnifies the Supplier totally.
Art. 10
Liability for defects, evidence of harm and damages: the obligations of the Supplier
10.1. Under Articles. 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects of goods sold should he fail to communicate to Damaged.
10.2. The above request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; 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 a rule of law imperative or a binding measure, or if the state of scientific and technical knowledge at the time when the producer he put the product into circulation, not even allowed to consider the defective product.
10.4. No compensation will be due if the Damaged 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 Damaged must prove the defect, damage, and the causal relationship between defect and damage.
Art. 11
Warranties and delivery of care
11.1. The Supplier is liable for any lack of conformity which is known within the time required by Italian law for the different types of goods and / or services.
11.2. The Buyer loses all rights to the Seller if it denounces the lack of conformity within the terms of the law from the date when the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
Art. 12
Obligations of the Buyer
12.1. Buyer agrees to pay the price of the goods purchased in the time and manner specified by the contract.
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 have been, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before purchase confirmation.
Art. 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 12 hours.
13.2. If the Buyer decides to exercise the right of withdrawal, must notify the Seller via certified mail to e-mail.
Art. 14
Causes of resolution
14.1. The bonds referred to in 12.1, assumed by the Buyer, and the guarantee of successful payment the Buyer using the means of point 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 even one of these obligations, if not determined by circumstances or force majeure, will result in the termination of the contract pursuant to Art. 1456 cc, without any judicial decision.
Art. 15
Protection of confidentiality and data processing Buyer
15.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. 30 June 2003, n. 1961.
15.2. Personal data collected directly and / or through third parties by the Supplier, the data controller, are collected and processed in printed, computing, telematics, in relation to the treatment methods with the purpose of registering the order and provide him the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any obligation of the law, and to enable effective management of business relationships to the extent necessary to perform the best service required (art. 24 , paragraph 1, lett. b, Legislative Decree no. 196/2003) 2.
15.3. The Supplier undertakes to treat as confidential data and information submitted by the Purchaser and not 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 court or other authority authorized by law.
15.4. Personal data 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.
15.5. The Purchaser has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain:
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: i) for legitimate reasons the processing of personal data concerning him, even to the scope of the collection; ii) the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. 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.
15.7. 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 still safely.
15.8. Owner of the collection and processing of personal data is the Supplier, which the Purchaser may direct, at the corporate headquarters, every request.
15.9. Any communications sent to the email (including electronic) of the Centre (requests, suggestions, ideas, information, materials etc.) Will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not violate the rights of others and true, in any case can not be attributed to the Centre any responsibility on the content of the messages themselves.
Art. 16
Storage mode of the contract
16.1. Under Article. 12 of Legislative Decree no. 70/2003, 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.
Art. 17
Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Alessandria and resolved according to the Conciliation Rules adopted by it.
18.2. If either appeal to the ordinary judicial authority, the jurisdiction is that of the place of residence or domicile of choice of the consumer, mandatory under Article. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Art. 18
Applicable law and court
19.1. This agreement is governed by Italian law.
19.2. Although not expressly provided, apply the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
19.3. Under Article. 60 of Legislative Decree no. 206/2005, is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
Art. 19
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.
Customer service and complaints
And ‘possible to ask for information, send messages, request assistance or make complaints by contacting the Customer Service Department of EasyKay (“Customer”) as follows:
by e-mail at “help@tuttomille.org”, via PEC at info@pec.tuttomille.org and by phone, to the number 3332264218 from Monday to Friday from 9 am to 13 and from 14 at 16
by mail by writing to EasyKay LTD Via Manzoni 7, 15121 Alessandria (AL).
EasyKay respond to complaints within five working days of receipt of the same.
