DISTANCE SALES CONTRACT
GENERAL CONDITIONS
IN ACCORDANCE WITH LAW DECREE 6 SEPTEMBER 2005, NO. 206, CONSUMER CODE
SECTION II – Distance Contracts
Article 1. The Fondazione Giacomini Meo Fiorot Onlus – Musei Mazzucchelli (hereafter referred to as the Foundation, for the sake of brevity) registered in the REA of Brescia on 22/02/1995, under number 433214, fiscal code 98063030179 and VAT code 03319200170, whose premises are in via Giammaria Mazzucchelli,2 25080 Ciliverghe di Mazzano BS, offers the products in its site http://www.museimazzucchelli.it for sale. The site lists their features and price, expressed in Euros, inclusive of taxes and duties, and the methods of payment.
Delivery costs are always charged to the customer and are indicated at the end of the order as a supplement to the products selected. The delivery costs only regard Italian national deliveries.
The Foundation reserves the right to modify the prices at any time, but at the same time undertakes to apply the prices shown on their site at the time an order is made.
Confirmation of the order will be valued as acceptance of the General Conditions, without any possible appeal, except for the right to withdraw, as foreseen in the normative in force.
Article 2. Before proceeding to the purchase of the products, by transmitting the order form, the Foundation requires the user to read the General Conditions of Sale carefully, to print a copy using the print command and to memorise or reproduce a copy for personal use.
Before finalising the order it is the customer’s responsibility to identify and correct errors regarding both the products and their personal data.
On conclusion of the contract, the Foundation will accept the purchase order.
Article 3. The Foundation offers its products exclusively for the use of the end consumer, intended as physical persons who purchase the products for their personal use and not for their commercial or business activities.
Consequently the Foundation reserves the right not to follow up orders coming from subjects other than the consumer as defined above or orders which do no conform to their own commercial policy.
Article 4. To conclude the purchase order of one or more products the customer must accept the present general conditions and complete the electronic order form, available exclusively on the site http://www.museimazzucchelli.it, which is then transmitted to the Foundation telematically, following the relative instructions. Any errors in completing the form may be corrected by the customer before it is forwarded to the Foundation using the order verification which is automatically re-proposed after having inserted the data highlighting any incorrect fields according to the size of the data inserted.
Article 5. The order form contains the reference to the General conditions of Sale containing the conditions for exercising the right to withdraw and the ways and times for returning the products purchased, the essential information about each product ordered and the relative price (including all taxes and applicable duties), delivery charges, methods of payment and delivery chosen by the customer for the products they have ordered.
Article 6. The contract is concluded when the Foundation receives, telematically, the order form completed by the customer.
Article 7. If the order has not been paid due to errors regarding the credit card, the customer will receive an e-mail in which, among the other information, the state of the order will be indicated as “Registered order – Awaiting payment due to insertion of incorrect payment data”.
From the date of receiving this e-mail, the customer will have 72 hours to pay for his order, failing which the order will fall and will be considered null and void to all effects.
Article 8. The Foundation may not accept purchase orders which, at their discretion, do not give sufficient guarantee of solvency or which are incomplete or incorrect or in the event that the products are not available. In these cases, the Foundation will inform the customer by e-mail that the contract has not been concluded and that the Foundation reserves the right to carry out the purchase order specifying their reasons.
Article 9. Should the products ordered no longer be available at the time of sending the order form, it will be the Foundation’s responsibility to inform, within thirty (30) days of the date of the order, the lack of availability of the products ordered, in accordance with article 54 of law decree 6 September 2005, no.206.
In the event that only some of the products ordered are not available, the Foundation undertakes to send the available products and to undertake the costs of delivering the remaining products.
Article 10. The site, by choosing the appropriate icon, offers the possibility of concluding the contract in English as well as in Italian.
Article 11. Once the contract has been concluded, the Foundation will transmit, to the e-mail address specified by the customer at the time of purchase, confirmation that their order has been correctly received, containing a summary of the information already contained in the order form.
Article 12. The essential features of the products are presented in the description of each product.
The colours of the products offered for sale may however not correspond to the actual colours due to the effect of the Internet browser or the monitor used by the customer.
Should the customer exercise their right to withdraw and return the goods the Foundation has the right not to accept goods which have been altered in their essential and qualitative characteristics or which have been damaged, also where the packaging or the container of the product has been damaged.
Article 13. As regards payment, the Foundation offers their customers the possibility of paying by cash on delivery, bank order and credit card (Visa, Mastercard).
As regards payment by credit card, debit takes place within 5 days of the order being confirmed, on the condition that the competent banking organisations have given authorisation, without which the order will be considered null and void and consequently the contract not concluded.
As regards credit card transactions , the Foundation, with the aim of guaranteeing the maximum security possible in the processing of this data, does not register, and therefore does not file, in its terminals, any information regarding the credit card.
During the payment procedure a re-addressing of the connection of the site takes place from
http://www.museimazzucchelli.it to
https://sis-bankpass.ssb.it/bankpass/master/main?PAGE=MASTER, WebPos service of the SOCIETA’ PER I SERVIZI BANCARI – S.S.B.S.p.A., the delegated technical structure of the Banca Lombarda, which operates directly on the banking circuit. It is within this second site that the customer is requested to insert their credit card number.
The data inserted by the customer in their purchase order is transmitted to SOCIETA’ PER I SERVIZI BANCARI – S.S.B.S.p.A. and to the Banca Lombarda for reasons linked to the confirmation of payment.
This data is not however used by SOCIETA’ PER I SERVIZI BANCARI – S.S.B.S.p.A. and/or the Banca Lombarda for any other reasons than the necessary verifications of the validity of the credit card.
The input of the credit card number is protected in that connection to the banking server takes place through a “Safe” transmission protocol based on standard SSL3 with a 128-bit crypto graphical key.
At the end of payment operations the user will be re-addressed to the page of the site https://sis-bankpass.ssb.it where the result of payment is shown.
If the user chooses to pay cash on delivery, the goods will be delivered by DHL express courier who must be paid only in cash and in Euros at the time of delivery of the goods.
As deliveries are made by express courier, the customer is requested to indicate a delivery address where they are present to avoid the goods not being delivered and going to the deposit.
Article 14. The right to withdraw can be exercised, without any cost and without specifying the reason, within 10 days of receiving the goods as foreseen in article 64, paragraph 2, law decree 6th September 2005, no. 206, by sending written notice to the Foundation’s office by registered mail with a receipt by return. It is the customer’s responsibility to return the goods to the Foundation together with this notice.
The customer may use the method foreseen in article 64, paragraph 3, law decree 6th September 2005 no. 206 returning the goods received directly to the Foundation office in the ways indicated above. The customer is responsible for the cost of returning the goods.
In the case of withdrawal, in accordance with Article 12 above of these general conditions, the goods must be returned whole and in a condition that they can be offered for sale again. The consumer, in order to obtain the reimbursement of the cost of the goods must supply the Foundation with their IBAN bank data at which they intend to receive the bank order.
The Foundation will proceed within 30 days of receiving the goods, by bank transfer, according to the coordinates supplied by the customer, to transmit the order of reimbursement equivalent to the pure cost of the goods returned.
The Foundation will not accept any products which are not packaged, as well as products for which the customer has not paid the entire postage charge.
Article 15. The right to withdraw is not possible, in accordance with article 55, paragraph 2, letter d), law decree 6th September 2005 no. 206 for audiovisual products as they are sealed.
Article 16. In the event of controversies the competent law court is that where the consumer is resident.
Article 17. The general sales conditions may change due to changes in the regulations or the company. The consumer is invited to read and make a copy of the conditions for every order which he makes. The modifications to the general conditions are effective only at the time of publication on the site http://www.museimazzucchelli.it.
Article 18. The information which the Foundation requests of the customer at the time of finalising the order is indispensable for processing and confirming the order. Failure to complete the obligatory fields in the order form will prevent the order from being confirmed. The purchase procedure involves the obligation to supply true and sincere personal information. The communication of false information is against everything established by the present General Conditions and, in the event that the said circumstance should occur, the Foundation may annul the order at any time.
In accordance with art. 13 of the law decree of 30th June 2003, no. 196 which foresees the protection of the processing of personal data, the use of the data will be ordered according to the principles of correctness, legality and transparency and in particular:
- data processing will be carried out by the Foundation in accordance with the laws in force, exclusively to confirm the purchase order and, therefore in a way which is solely instrumental for the completion of the present contractual relationship, as well as to send, by post or electronically, material about exhibitions and activities organised by the Foundation as hereafter indicated in letter e) below;
- the data collected for the aforesaid purposes is registered and processed using electronic and paper means, suited to guaranteeing their reserved nature and security;
- it is necessary to give one’s data to complete and execute the sale and in order to receive informative material about the exhibitions and activities organised by the Foundation;
- the consent given is understood to be valid until it is expressly revoked which must be communicated in writing to the Fondazione Giacomini Meo Fiorot Onlus – Musei Mazzucchelli, via Giammaria Mazzucchelli,2 25080 Ciliverghe di Mazzano BS, or by e-mail to the segreteria@museimazzucchelli.it;
- the data will not be diffused or given to third parties, in accordance with article 26, paragraph 5 of law decree 30th June 2003, no. 196, but only communicated to the Foundation for sending informative material, either electronically or by post;
- a)the holder of the processing is the Foundation, at the address above. Article 7, law decree 30 June 2003, no. 196 confers the exercise of specific rights with regard to the Foundation, among which in particular, the right to obtain:
- confirmation of the existence or otherwise of personal data regarding the customer;
- indication
- of the origin and the content of the personal data;
- the purposes and methods of processing;
- the logic applied in case of processing carried out with the use of electronic instruments;
- identification data of the holder, the persons responsible and the representative named in accordance with article 5, paragraph 2;
- verification of the exactness, updating, rectification or, when necessary, integration of the data;
- cancellation, transformation into anonymous form or blocking of data processed in violation of the law, as well as to oppose, in any case and for legitimate reasons, its processing.
Article 19. In accordance with and to the effects of article 1341 and following of the Civil Code the consumer declares that they have read and that they accept the general conditions indicated in articles 2,3,7,8,9,10,11,12,13,14,16,17,18.
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