General conditions of Sale
These General Conditions of Sale govern the sale of products marketed by Original di Puglia as an intermediary between companies producing goods and buyers.
The owner of the Site is Tipico di Puglia di Modugno Giuseppe based in Bitonto (BA) , via Vito Valentino n. 3 , VAT number 05627350720.
1.1. The term “online sales contract” means the contract for the purchase and sale of movable property as part of a remote sales system via telematic tools, organized by the Supplier.
1.2. The expression “Buyer” means the person making the purchase, referred to in this contract.
1.3. The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
1.4. The expression “Seller” means the owner of the goods being sold.
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases – through telematic tools – the tangible movable assets indicated and offered for sale on the site www.OriginalediPuglia.com.
2.2. The products referred to in the previous point are illustrated on the web page, in the “Products” section.
How to stipulate the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.OriginalediPuglia.com and following the procedures indicated for the purchase of goods.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online.
4.2. When the Supplier receives the order from the Buyer, he sends a confirmation e-mail with order summary.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous points.
Terms of payment
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated on the site www.OriginalediPuglia.com.
5.2. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner indicated on the website at the time the goods are offered.
6.2. Shipping times may vary from the day of the order to a maximum of 6 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this period, it will give the Buyer timely notice.
7.1. All sales prices of the products displayed and indicated on the website www.originaledipuglia.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices, referred to in the previous point, include VAT and any other tax. The shipping costs are indicated and calculated in the purchase procedure before placing the order by the Buyer and also contained in the web page summarizing the order placed.
Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm order or not.
8.3. The Supplier’s computer system confirms to the User by e-mail and as soon as possible the registration of the order.
Limitation of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Purchaser as a result of the failure to execute the contract for reasons not attributable to him.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means, for the payment of the purchased products, if it proves that it has adopted all possible precautions in based on the best science and experience of the moment and based on ordinary diligence.
9.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Injured Party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods.
10.2. The aforementioned request, by the Injured Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage and the causal connection between defect and damage.
Guarantees and methods of assistance
11.1. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a ) they are suitable for the use for which goods of the same type are normally used; b ) comply with the description made by the Seller; 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 good and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labeling.
11.2. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, the replacement of the purchased goods, a reduction in the purchase price or the termination of this contract.
Obligations of the Buyer
12.1. The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Right of withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.3. If the Purchaser decides to make use of the right of withdrawal, he can contact OriginalediPuglia who will provide all the information useful for the operation.
Causes for Resolution
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract ex art. 1456 of the Italian Civil Code, without the need for a judicial decision.
Protection of confidentiality and processing of the Buyer’s data
The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital form on the server at the Supplier’s headquarters according to criteria of confidentiality and security.
Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent by e-mail to the following address email@example.com . The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Bari Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u ) of Legislative Decree 206/2005.
Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.