The Consumer Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out.
Identification of the Supplier
The goods covered by these general conditions are put up for sale by the Alpecamp of Drapari Michela based in Fratta Polesine (RO) in via Giovanni Paolo II 30, registered with the Rovigo Chamber of Commerce of the Business Register, VAT number 01609800295 indicated below as "Supplier".
Art. 1 Definitions
By the expression "online sales contract", we mean the contract of sale relating to the supplier's material movable goods, concluded between them and the Consumer Buyer as part of a system of distance selling through telematic tools, organized by the Supplier.
The term "Consumer Buyer" means the consumer a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. Different is the "Enterprise Buyer", who makes purchases on behalf of the commercial or professional activity that may be carried out.
The term "Supplier" means the person indicated in the epigraph or the provider of the information services.
Art. 2 Subject of the contract
With this agreement, respectively, the Supplier sells and the Consumer Buyer remotely purchases through telematic tools the material movable goods indicated and offered for sale on the https://www.alpecamp.com.au
The products referred to in the previous point are shown on the web page: https://www.alpecamp.com.au
Art. 3 How to conclude the contract
The contract between the Supplier and the Consumer Buyer ends exclusively through the Internet through the consumer buyer's access to the address https://www.alpecamp.it, if, following the procedures indicated, the Consumer Buyer will arrive to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
The purchase contract ends by the exact filling out of the application form and consent to the purchase manifested through the membership sent online or by filling in the form/form attached to the online electronic catalogue at the address https://www.alpecamp.it and the subsequent sending of the form / form itself, always after viewing a web page summarization of the order, printable, which shows the details of the ordering and ordering, the price of the purchased goods, the shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
When the Supplier receives the order from the Consumer Buyer, it provides for the sending of a confirmation e-mail or the display of a web page confirming and summaries of the order, printable, in which the data recalled in the previous point are also reported.
The contract shall not be deemed to be completed and effective between the parties in the absence of the foreto as set out in the preceding paragraph.
Art. 5 Methods of payment and reimbursement
Any payment by the Consumer Buyer can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
Any refund to the Consumer Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Consumer Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 and ss. of this agreement, not later than 30 days from the date on which the Supplier became aware of the withdrawal itself.
All payment communications take place on a special line of the Supplier protected by the encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in line with the provisions of current regulations on the protection of personal data.
Art. 6 Delivery times and modes
The Supplier will deliver the selected and ordered products, in the manner chosen by the Consumer Buyer or indicated on the website at the time of the offer of the asset, as confirmed in the e-mail referred to in the
Shipping times can vary from the same day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within this deadline but, in any case, within the one indicated at the following point, it will be given a timely notice by e-mail to the Consumer Buyer.
The shipping methods, times and costs are clearly indicated and clearly highlighted at the address https://www.alpecamp.com.au
Art. 7 Prices
All the sales prices of the products displayed and indicated on the website https://www.alpecamp.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
The sales prices referred to in the previous point shall include VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the forwarding of the order by the Consumer Buyer and also contained on the web page of summary of the order placed.
The prices indicated at each of the goods offered to the public are valid until the date indicated in the catalogue.
Art. 8 Availability of products
The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
If an order exceeds the existing quantity in the warehouse, the Supplier, by email, will make known to the Consumer Buyer whether the goods are no longer bookable or what are the waiting times to obtain the chosen asset, asking whether it intends to confirm the order or not.
The Supplier's IT system confirms in the shortest possible time the registration of the order by forwarding to the User a confirmation by e-mail, in accordance with point 4.2.
Art. 9 Limitations of liability
The Supplier assumes no responsibility for disruptions attributable to force majeure in the event that it fails to execute the order within the time allowed by the contract.
The Supplier may not be held liable to the Consumer Buyer, except in the case of malicious misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet network outside its own control or its subcontractors.
The Supplier will also not be liable for damages, losses and costs suffered by the Consumer Buyer as a result of the non-performance of the contract for reasons not attributable to him, since the Consumer Buyer is entitled only to the full refund of the price paid and any ancillary charges incurred.
The Supplier assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the purchased products, if it proves that it has taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
Under no circumstances may the Consumer Buyer be held liable for delays or mispayment if he proves that he has made the payment within the time and manner indicated by the Supplier.
Art. 10 Liability for defect, proof of damage and damages that can be compensated: the obligations of the Supplier
In accordance with Articles 23 and 10 of the Treaty, the Court of First 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if it o dares to communicate to the Injured Party, within 3 months of the request, the identity and domicile of the manufacturer or the person who provided him with the goods.
The aforementioned request, by the Injured Party, must be made in writing and must indicate the product that caused the damage, the place and the date of purchase; it must also contain the offer in view of the product, if it still exists.
The Supplier cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, an mandatory legal standard or a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow to consider the defective product.
No compensation will be due if the Injured Party has been aware of the defect of the product and the danger that resulted from it and yet has voluntarily exposed itself to it.
In any case, the Damaged person will have to prove the defect, the damage, and the causal connection between defect and damage.
The Injured Person may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and so mainly used by the Damaged.
The damage to things referred to in Art. 123 of the Consumer Code will, however, be payable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Art. 11 Guarantees and methods of assistance
The Supplier is liable for any lack of conformity that occurs within 2 years from the delivery of the goods.
For the purposes of this contract, consumer goods shall be presumed to comply with the contract if, where relevant, the following circumstances coexist: b) comply with the description made by the Seller and possess the qualities of the good that the Seller has presented to the Consumer as a sample or model; (c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or labelling; d) are also suitable for the particular use desired by the Consumer and that has been brought to the knowledge of the Seller at the time of conclusion of the contract and that the Seller has also accepted for conclusive facts.
The Consumer Buyer waives all rights if he does not report the defect of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
In any event, unless proven otherwise, it is assumed that conformity defects occurting within 6 months of delivery of the goods already existed on that date, unless such a hypothesis is incompatible with the nature of the good or the nature of the lack of conformity.
In the event of a lack of conformity, the Consumer Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent in writing, by registered letter A.R., to the Supplier, who will indicate his willingness to comply with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the consumer Buyer's request, it must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively onerous, or the Supplier has not repaired or replaced the asset within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Consumer Buyer, the latter may request, at his choice, a reasonable reduction in the price or the termination of the contract. In this case, the Consumer Buyer must send his request to the Supplier, who will indicate his willingness to give the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Supplier has accepted the consumer Buyer's request, it must indicate the reduction of the proposed price or the methods of returning the defective goods. In such cases, it will be the responsibility of the Consumer Buyer to indicate how to re-credit the sums previously paid to the Supplier.
Art. 12 Consumer Buyer Obligations
The Consumer Buyer undertakes to pay the price of the purchased good within the time and manner indicated by the contract.
The Consumer Buyer undertakes, once the online purchase procedure has been completed, to provide for the printing and preservation of this contract.
The information contained in this contract has, moreover, already been viewed and accepted by the Consumer Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 13 Right of withdrawal
The Consumer Buyer has in any case the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within the period of 14 (fourteen) working days, beginning from the day of receipt of the purchased good.
In the event that the professional has not fulfilled the obligations of information on the existence, methods and times of return or withdrawal of the asset in case of exercise of the right of withdrawal referred to in art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
If the Consumer Buyer decides to avail himself of the right of withdrawal, must give notice to the Seller by registered letter A.R. at VIA GIOVANNI PAOLO II 30, 45025 Fratta Polesione (RO) or by e-mail firstname.lastname@example.org provided that such communications are confirmed by sending registered letter A.R. to the address of VIA GIOVANNI PAOLO II 30, 45025 Fratta Polesione (RO) within 48 (forty-eight) hours following. The stamp affixed by the post office to the issued receipt shall be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased property, provided that in the same terms. The date of delivery to the post office or forwarder shall be authentic between the Parties.
However, the return of the property must take place at the latest within 30 (thirty) days from the date of receipt of the property itself. In any case, in order to be entitled to a full refund of the price paid, the good must be returned intact and, in any case, in normal state of preservation.
The Consumer Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the consumer, as well as custom-made or clearly customized goods or which, by their nature, cannot be sent back or are likely to deteriorate or alter rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the rates of the financial market which the trader is unable to to check and in any other case provided for by art. 55 of the Consumer Code.
The only expenses due by the Consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the good to the Supplier, unless the Supplier agrees to accept them.
The Supplier will refund free of charge the full amount paid by the Consumer Buyer within 30 (thirty) days from receipt of the notice of withdrawal.
Upon receipt of the communication by which the Consumer Buyer communicates the exercise of the right of withdrawal, the Parties to this contract shall be disbanded from their mutual obligations, without prejudice to the provisions of the preceding points of this Article.
Art. 14 Grounds for resolution
The obligations referred to in point 12.1, assumed by the Consumer Buyer, as well as the guarantee of the good end of the payment made by the Consumer Buyer by the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-performance of only one of those obligations, if not determined by chance or force majeure , will result in the termination of the contract under art. 1456 c.c., without the need for judicial judgment.
Art. 15 Protection of the confidentiality and processing of consumer buyer data
The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in legislative decree. 30 June 2003, No 196
Personal personal and tax data acquired directly and/or through third parties, are collected and processed in paper, computer, in relation to the methods of processing with the purpose of registering the order and activating against it the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24, paragraph 1, lit.b, d.lgs. 196/2003) **
The Supplier undertakes to treat confidentially the data and information transmitted by the Consumer Buyer and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be exhibited only at the request of the judicial authority or other authorized legal authorities.
Personal data will be communicated, subject to a commitment of confidentiality of the data themselves, only to subjects delegated to carry out the activities necessary for the execution of the contract concluded and communicated exclusively in the context of this purpose.
The Consumer Buyer enjoys the rights referred to in art. 7 of legislative decree. 196/2003, i.e. the right to obtain: a) updating, rectification or, when interested in it, data integration; b) the deletion, anonymous transformation or blocking of data processed in violation of the law, including those that do not need to be stored in relation to the purposes for which the data was collected or subsequently processed; (c) proof that the transactions referred to in (a) and (b) have been brought to the attention, including as regards their content, of those to whom the data have been communicated or disseminated, except where such performance proves impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part: (i) for legitimate reasons to the processing of personal data concerning him, even if they are relevant to the purpose of collection; ii) the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for the purpose of carrying out market research or commercial communication.
The communication of your personal data by the Consumer Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the consumer buyer's application cannot be ongoing.
In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
The owner of the collection and processing of personal data is the Supplier, to whom the Consumer Buyer can address, at the company headquarters, any request
Anything that goes to the Centre's e-mail address (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not infringing the rights of others and truthful, in any case no responsibility may be attributed to the Center for the content of the messages themselves.
Art. 16 How to archive the contract
In accordance with Art. 12 of legislative decree. 70/2003, the Supplier informs the Consumer Buyer that each order sent is kept in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.
Art. 17 Communications and complaints
Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: VIA GIOVANNI PAOLO II 30, 45025 Fratta Polesione (RO), or sent by e-mail to the following address email@example.com. The Consumer Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes the Supplier's communications to be sent.
Art. 18 Settlement of disputes
All disputes arising from this contract will be referred to the Chamber of Commerce of Rovigo and resolved in accordance with the Conciliation Regulation adopted by it.
If the Parties intend to bring an action before the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, which can be inescapable pursuant to art. Article 33(2)(u) of Legislative Decree 206/2005.
Art. 19 Applicable law and referral
This contract is governed by Italian law.
As far as not expressly provided here, the legal rules applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
In accordance with Art. 60 of legislative decree 206/2005, the discipline contained in Part III, Title III, Chapter I of legislative decree is expressly referred to here. 206/2005.
Art. 20 Final clause This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject matter of this contract.