TERMS AND CONDITIONS
These General Terms and Conditions of Sale refer to the remote purchase of products made through the Internet using the website www.professionecanyon.it, belonging to Cecchi Marianna SAS, with head offices in Empoli (Florence-Italy). All purchases are governed by the provisions of Italian Legislative Decree 185/99 and Italian Legislative Decree 206/05; the information required for conclusion of the contract are subject to Article 12 of Italian Legislative Decree 70/03 and protection of personal data and privacy will be subject to the provisions of Italian Legislative Decree 196/03.
EXECUTION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
Sales contacts made through the website www.professionecanyon.it are considered executed when the purchase order made by the customer is received and accepted by Cecchi Marianna SAS. Cecchi Marianna SAS will immediately send the customer a confirmation of receipt of the customer purchase order.
On submission of the online purchase order, the Customer declares having read and accepted these General Terms and Conditions and undertakes to comply with the same vis-à-vis all commercial relations with Cecchi Marianna SAS
PROCESSING OF PERSONAL DATA
Pursuant to Article 13 of Italian Legislative Decree 196/2003, Cecchi Marianna SAS informs Customers that personal and fiscal data acquired, including data provided verbally, relating to the business relationship, whether provided directly by the concerned party or otherwise acquired within the scope of company activities, will be processed in compliance with the aforementioned legislation, including all confidentiality requirements therein contained.
As regards the above data, customers reserve the faculty to exercise rights provided for in Article 7 of Italian Legislative Decree 196/2003.
Prior to transmitting any purchase order, the Customer is required to carefully read these General Terms and Conditions of Sale. Transmission of the purchase order implies full awareness and acceptance of the same.
Furthermore, on completion of the online purchase procedure, the customer is required to print and keep a copy of these General Terms and Conditions of Sale, previously read and accepted during execution of the contract.
DEFINITION OF THE ORDER
By transmitting the online purchase order, the Customer sends Cecchi Marianna SAS a purchase proposal for the product and/or products added to the shopping cart. By transmitting the online purchase order for the products in the shopping cart, the Customer accepts purchasing the products at the price and according to the terms and conditions specified in these General Terms and Conditions of Sale.
Cecchi Marianna SAS will send the Customer a notification of acceptance of the order and an order confirmation.
Specifically, Cecchi Marianna SAS will not accept orders:
– if the material, is not available in the warehouse when the order is made, and/or
– if the Customer cannot or will not make the due payment by means of credit card (PayPal), bank transfer or cash on delivery.
Orders may be sent through the website www.professionecanyon.it at the prices and in compliance with the conditions specified on the site itself, or at authorised dealers.
The Customer purchases the product, with the characteristics illustrated online in the respective description and technical sheets, at the price therein specified, to which the delivery expenses detailed on the site are added.
Before the order is sent, a summary of the cost per item of each product selected, the total amount of all items if multiple items are being purchased and the relative shipment and delivery charges will be displayed.
Once the purchase order has been sent, the Customer will receive an e-mail message from Cecchi Marianna SAS confirming that the order has been received and containing information regarding the main characteristics of the merchandise purchased, price details, delivery charges, applicable taxes and method of payment and a link to the general contract conditions and information regarding right of withdrawal, and the conditions and procedures to exercise said right contained on the website. Following the approval of Italian Legislative Decree n. 223 of 4 July 2006, the so-called “maneuver-bis” Article 37, paragraphs 8 and 9, converted into Law n. 248 of 4 August 2006, that came into force on 12 August 2006 that reinstates the obligation of communicating the list of customers and suppliers when invoices are issued, and of Italian Law Decree 78 of 31 May 2010 converted into Law 122 of 30 July 2010, it is mandatory to request that customers provide VAT CODR and TAXPAYER’S CODE in the respective input fields on the site.
METHOD OF PAYMENT
The Customer may make the payment using one of the procedures indicated on the website.
Payment by credit card: If the Customer wishes to pay by credit card, the PayPal procedure may be selected, to guaranty complete confidentiality of data provided by the customer. For detailed information and additional legal terms, please consult the website www.paypal.com.
The purchased goods, along with the respective invoice, will be delivery by courier at the mailing address specified by the Customer in the online purchase order. The Customer is responsible for contacting Cecchi Marianna SAS for any particular delivery requirements.
Cecchi Marianna SAS guarantees delivery of goods within 15 (fifteen) working days of the date of receipt of confirmation of the payment transaction. (For payments made on delivery, the 15 days will be calculated as of the date of receipt of the order by e-mail.). Payments on delivery must be made in cash or bank cheque to be handed directly to the courier on delivery of the purchased goods.
In the event that goods cannot be delivered due to the absence of the recipient at the address specified on the order, the courier will leave a notice of delivery and will make a second attempt; if the recipient is still absent, the goods will be returned to the sender (Cecchi Marianna SAS).
PRODUCT CONFORMITY GUARRANTY AND DEFECTIVE PRODUCTS
Products purchased through the website www.professionecanyon.it are subject to the regulations regarding the sale of consumer goods. The products delivered are fulfil the characteristics illustrate online in the respective product description and technical specification sheets.
Cecchi Marianna SAS is liable towards customers for product defects on delivery.
RIGHT OF WITHDRAWAL
Consumers have the faculty to exercise the right of withdrawal. Specifically, consumers may terminate any contract concluded with Cecchi Marianna SAS, without penalty and without cause, within 10 (ten) working days from receipt of the goods.
Consumers have the right of withdrawal with respect to any product purchased through the website www.professionecanyon.it , except all items tailor made and/or personalized
HOW TO EXERCISE THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, within the prescribed term for withdrawal, the Customer must send Cecchi Marianna SAS a written notice by registered mail with acknowledgement of receipt.
The notice of withdrawal may be also sent by telegram or fax, within the same term, provided that it is confirmed by registered mail with acknowledgement of receipt within the following 48 hours.
If the right of withdrawal is exercised, the notification must be sent to the following address:
Cecchi Marianna SAS
via del Pentathlon ,63
50053 EMPOLI (FI) – ITALY
If the goods have already been delivered, the customer must return them to Cecchi Marianna SAS within 15 (fifteen) working days of delivery of the goods.
The goods must be returned to Cecchi Marianna SAS complete with all accessories, instruction manuals and all the materials originally delivered to the customer, and packaged in its original packaging. The returned product/s must be accompanied by a copy of the electronic receipt or the purchase order. Charges for return of the products to Cecchi Marianna SAS are at the customer’s expense.
If the right to withdrawal is exercised by the customer in compliance with the provisions of this clause, Cecchi Marianna SAS will reimburse the amounts paid by the customer.
Specifically, Cecchi Marianna SAS will transmit an order of credit, free of charge, for the cost of the delivered merchandise comprehensive of original delivery charges, within 30 (thirty) days of the date of receipt of notification the exercise of the right of withdrawal on the part of the customer. This transaction will be carried out by the credit institution that issued the credit card used for payment, or by crediting the sum to the bank account specified by the customer.
Cecchi Marianna SAS reserves the right to reject any product that is not returned in compliance with the above procedure, as well as any returned product for which the customer has not fully paid return shipping charges, or with regards to which the methods and terms of notification of withdrawal have not been fulfilled.
EXPRESS TERMINATION CLAUSE
Pursuant to and for the purposes of Article 1456 of the Italian Civil code, in the event of failure to pay part or all of the purchase price, Professione Canyon S.r.l. reserves the right to terminate this contract by means of written notification to the customer’s e-mail address.
For claims or requests for information, customers must write to: email@example.com. Customers will be re-contacted within 3 (three) working days of the request.
GOVERNING LAW AND JURISDICTION
This contract is governed by the Italian law. Jurisdiction and the sole court of competence for any legal proceedings initiated by the purchaser under this warranty or any other legal warranties shall be the Court of Palermo. In the event of outcome of the proceedings in favour of Cecchi Marianna SAS, the purchaser must reimburse Cecchi Marianna SAS of all legal expenses, including legal fees and judicial fees, incurred by Professione Canyon S.r.l. for its defence.
All matters not expressly provided for in this contract shall be settled in accordance with the rules of current Italian law.
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