1.1. The goods, to which the sale conditions refer to, are sold by Cesare Zuccaro, main office in Nardò, 72 S. Francesco d’Assisi street; registered with the Lecce Chamber of Commerce n. REA LE-324254, Tax Code No. ZCCCSR86D23D198D, VAT No. 04865340758.
Subject of the Contract
2.1. With this contract, gravithin.com sells the goods advertised on the website www.gravithin.com, while the Buyers make a distance purchase through telematic tools.
Terms of Contract
3.1. The contract between gravithin.com and the Buyer is conducted exclusively through the Internet, after the Buyer has access the website www.gravithin.com, where, following the guided procedures, the Buyer will formalize a proposal for the purchase of the goods referred to in section 2.1 in the preceding Article.
Confirmation and Validity of the Agreement
4.1. The purchase agreement is finalised by correctly filling out the application form and by the purchase consent, expressed thought the acceptance sent online or upon compilation of the form attached to the online electronic catalogue at the website www.gravithin.com, and following the form submission, after the displaying of the order summary, which can be printed, and which shows the data referring to the Buyer, the order, the price of the articles purchased, the shipping costs, any additional charges, the payment terms and methods, the address where the goods will be delivered, the delivery times and the Buyer’s right to withdrawal.
4.2. Once gravithin.com receives an order by the Buyer, the Supplier will send a confirmation email, otherwise the sale is confirmed by a printable web page which summarises the order, showing the data mentioned in the previous section.
Payment Method and Refund
5.1. Every payment made by the Buyer can only be made through one of the methods mentioned on the website by the Supplier.
5.2. Any refund to the Buyer will be made through one the procedures proposed by the Supplier and chosen by the Buyer, in a timely manner and, if the right of withdrawal has been exercised, pursuant to Art. 13 (2f), of this contract, within a maximum of 30 days from the date on which the Supplier came to the knowledge of the withdrawal.
Delivery Times and Methods
6.1. Gravithin.com will deliver the ordered products, in the manner chosen by the Buyer or indicated on the web site at the time of the purchase, as confirmed in the confirmation e-mail.
6.2. Shipping times may vary from the same day the order has been placed, to a maximum of 7 working days from the confirmation email. If the Supplier cannot dispatch the order within the time frame specified, but in any case within the term indicated in the following section, the Buyer will be informed by e-mail.
7.1. All of the sale prices of the products in the website www.gravithin.com are in Euros (€) and represent an offer to the public pursuant to article 1336 of the Civil Code.
7.2. The sale prices include the VAT and any other tax. Shipping costs and any related charge (eg. customs clearance), when applicable, even if not included in the purchase price, must be indicated and calculated in the checkout process, prior to the order been placed by the Buyer, and they also need to be included in the summary web page of the order.
7.3. The prices corresponding to each of the goods offered to the public are valid up to the moment in which the order is placed and indicated on the order summary page.
8.1. Gravithin.com guarantees, by the telematic system used, that the order will be processed and executed without delay. For this purpose, gravithin.com indicates in real time, in the number of products available and those the electronic catalogue, the number of available and unavailable products, and the shipping time.
8.2. If an order exceeds the quantity available in the warehouse, gravithin.com will inform the Buyer by email about the non availability of the goods, or the expected waiting time to receive the chosen goods, asking the Buyer whether or not he intends to confirm the order.
8.3. Gravithin.com computer system will confirm the order registration in the shortest time possible, by sending the Buyer a confirmation email, in accordance with section 4.2.
Limitation of Liability
9.1. Gravithin.com assumes no liability for exceptional circumstances that prevent the Supplier from executing the order within the time stipulated in the agreement.
9.2. Gravithin.com shall not be held responsible towards the Buyer, except in cases of fraud or gross negligence, for outages or malfunctions related to the use of the Internet outside of his control or his subcontractors.
9.3. Gravithin.com will not be responsible for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to him, taking the Supplier shall only be entitled to a refund of the price paid and any additional expenses Subject to professional liability.
9.4. Gravithin.com assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the purchased goods, if the Supplier 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 the Buyer be liable for delays or problems in the payment if he proves that he executed the payment within the time and manner specified by gravithin.com.
Defect Liability, Proof of Damage and Refundable Damages: Supplier’s Obligations
10.1. Pursuant to Art. 114 et seq. of the Consumer Code, gravithin.com is liable for damage caused by defects of the sold goods, when the Supplier fails to provide the Damaged party, within three months from the request, with the identity and address of the manufacturer or the person who supplied them with the good.
10.2. The request by the Damaged party shall be made in writing and shall indicate the product which caused the damage, the place and date of purchase, and shall also contain the product offer, if still valid.
10.3. Gravithin.com cannot be held responsible for the consequences resulting from a defective product, if the defect is due to the compliance of the product, to a mandatory rule of law or a binding measure — that is, if the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered.
10.4. No compensation will be payable if the Damaged party was aware of and wilfully ignored the defect and danger involved.
10.5. In any case, the Damaged party must prove the defect, the damage and the causal relationship between defect and damage.
Warranty and Assistance
11.1.Gravithin.com is liable for any lack of conformity that exists when the goods are delivered to the Consumer and which become apparent within a period of 1 year.
11.2.For the purposes of this contract, it is assumed that the products comply with the contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the Seller and possess the qualities of the goods which the Seller has held out to the Consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the Seller, the producer or his representative, particularly in advertising or on labelling; d) they are fit for any particular purpose for which the Consumer requires them and which
he made known to the Seller at the time of conclusion of the contract and which the Seller has accepted.
11.3.The Buyer loses any right of claim or replacement if the lack of conformity of the goods is not made known to the Supplier within 2 months from the date on which the defect has been discovered. It is not necessary to report the defect if the Supplier has recognised its existence or concealed it.
11.4.In case of lack of conformity, the Buyer may ask, alternately and without any charge the repair or replacement of the purchased goods, under the conditions mentioned below.
11.5.The request must be submitted in writing, by registered mail, to the Supplier, who will indicate his willingness to grant such requests, or the reasons that prevent them from doing so, within 7 working days of receipt of the request.
In the same communication, where gravithin.com has accepted the request made by the Buyer, the Supplier shall indicate the delivery or return method of the goods and the time limit for the return or replacement of the defective goods.
12.1.The Buyer undertakes to pay the price of the purchased goods in the time and manner specified in the contract.
12.2.The Buyer agrees, once the online purchase procedure has been finalised, on printing and keeping the web page with the order details.
Right of Withdrawal
13.1.The Buyer has in any case the right to cancel the contract without penalty and without giving any reason, within 14 (fourteen) working days following the date of transmission of the purchase order.
13.2.If the Supplier has failed to fulfil his obligations of informing the Buyer of the existence, procedure and terms for the rendering of the goods or withdrawal, in the event the Purchaser exercises the right of withdrawal pursuant to Article 52 of the Consumer Act, the term within which to exercise the right of withdrawal will be 12 (twelve) months, starting from the date of receipt of the goods by the Consumer.
13.3.If the Buyer decides to exercise the right of withdrawal, he should notify Gravithin by email to the address: www.gravithin.com
13.4.The return of the goods must be guaranteed no later than 30 (thirty) days from the date the goods have been received. In any case, to avail of the right to a full refund of the price paid, the goods must be returned intact, and, in any case, in a normal state of preservation.
13.5.The only costs the Buyer shall meet for exercising the right of withdrawal pursuant to this article are the costs of returning the goods to the Supplier unless the Supplier agreed on covering the aforementioned costs.
13.6.Gravithin.com will credit the entire amount paid by the Consumer within 30 (thirty) days from the date of receipt of the notice of withdrawal.
13.7.With the receipt of the notice with which the Buyer shall notify the exercise of the right of withdrawal, the Parties to this agreement are dissolved by mutual obligations, except as provided in the previous paragraphs of this article.
Protection of Confidentiality and Data Processing
15.1.Gravithin.com protects the privacy of his customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. n. 196, dated 30 June 2003
15.2.Personal data collected directly and/or through third parties by gravithin.com, in the person of the data controller, are collected and processed in computerised form, according to the methods of use with the objective of registering the order and activating the procedure for the contract execution and the provide the relative necessary communications, in addition to the fulfilment of any possible legal obligations, and also to enable efficient management of business relationships in the measure necessary to perform the best service required (Article 24, paragraph 1, b, Leg. 196/2003).
15.3.Gravithin.com undertakes to treat as confidential, data and information submitted by the Buyer and not to disclose to unauthorized persons, nor to use them for purposes other than those for which it was collected or to transmit them to third parties. The data may be disclosed only upon the request of a judicial authority or other authority as authorised by law.
15.4.The Buyer enjoys the rights referred to in Art. 7 of Leg. 196/2003, namely the rights to obtain:
- a) the updating, editing or, when interested, the integration of data;
- b) the cancellation, transformation into an anonymous form, or blocking of data processed unlawfully, including data that does not need to be retained for the purposes for which it was collected or subsequently processed;
- c) the certification that the operations under a) and b) have been made known, including with regard to the contents thereof, to those to whom the data has been communicated or distributed, except in the event of such compliance proving impossible or leading to the use of manifestly disproportionate means in respect of the right defended. The interested subject has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, for collection purposes; ii) to the processing of personal data for purposes of sending advertising materials or direct selling, or of carrying out market surveys or commercial communication.
15.5.The disclosure of personal data by the Affiliate is a necessary condition for the proper and timely execution of this Contract. Failing that, the request by the Buyer cannot be processed.
15.6.In any case, the data collected will be kept for a period of time no longer than necessary for the purposes for which it was collected and subsequently processed. Their removal will be in a safe manner.
16.1.Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each purchase order sent is stored in digital/paper form on the server/at the headquarters of the Supplier according to the criteria of confidentiality and security.
Communications and Complaints
17.1.The written communications for the Supplier and any complaints will be considered valid only if sent to the following address: email@example.com. The Buyer shall indicate on the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices from the Supplier.
18.1.All disputes arising from this contract will be referred to the Chamber of Commerce of Lecce, and resolved according to the Conciliation Rules adopted by it.
18.2.If the parties intend to appeal to the ordinary judicial authority, the place of jurisdiction is the place of residence or domicile of the consumer, mandatory under art. 33, paragraph 2, lett. u) of Leg. 206/2005.
19.1.This contract is governed by the Italian law.
19.2.Although not expressly provided, the rules of law applicable to the relationship and to the cases described in this agreement, and in particular the Rome Convention of 1980, are valid.
19.3.Pursuant to art. 60 of Legislative Decree no. 206/2005, the national rules in Part III, Title III, Chapter I of Leg. 206/2005 are here expressly invoked.
20.1.This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.
Requirements of the Privacy Guarantor – art. 154, 1 c) of Leg. 196/2003 – Simplification of certain requirements in the public and private for processing operations for administrative or accounting purposes of 19 June 2008, published in the Official Gazette on 1 July 2008, n. 152.
General measure of the Authority for the Protection of Personal Data Practical Guide to simplification measures for small and medium-sized enterprises 24 May 2007, published on the Official Gazette 21 June 2007, n. 142.