General Conditions of Sale “MYGRASHOP”
THE COURT OF JUSTICE –Mygrashop.it (hereinafter referred to as the "Site") is a B2C E-commerce - Business to Consumer addressing private “Client” user (hereinafter referred to as “Client”) by publishing product catalogues third party suppliers for sale via the Internet. Pursuant to Article 7 of the Treaty D.L.vo 9 april 2003, n. 70, informs the buyer that the goods/services covered of this contract are submitted by Mygrashop.it (hereinafter referred to as “Mygrashop”), with registered office in Urbino (PU) Via Provinciale Feltresca 9, 20/A VAT: 02537760411. All communications or requests for information may be sent to the above address or sent via e-mail address:[email protected], one of the operators of “Mygrashop” will return the “Client” who left the message as soon as possible. Copy of these General Conditions of Sale, pursuant to of article 12 paragraph 3 of D.L.vo 9 April 2003, n. 70, can be downloaded and saved on the computer of the “Client”, via the PDF download function of the "General Terms of Sale "Mygrashop".
ART. 1 – General information required to “Client”
These general terms of contract intend to govern all relationships between “Mygrashop”, company owner of rights of exploitation of the “Site” and the “Client”. These general terms of contract form an integral part and substantial of each proposal, order and confirmation of order of purchase of the products by the “Client”. “Mygrashop” may update or change these general terms of contract at any time but not only in view of any regulatory changes. The new general terms of contract will be valid and effective from the date of publication on the “Site”, for contracts concluded after that date. In every case, dealing with distance sales contracts governed by the Consumer Code (D.Lgs. 206 of 6/09/2005) and from D.Lgs. 70 of 9/04/2003, the “Client” will enjoy all the safeguards provided by such regulations and subsequent changes. The products purchased on the “Sito” are sold by Mygrashop , with registered office in Via Provinciale Feltresca 9, 20/A - URBINO (PU) CAP 61029 - VAT: 02537760411 .
ART. 2 – “Client” registration
In order to be able to join the “Site” Services, users must register and agree to the General Conditions of sale provided for in this document. The purchases offered by “Mygrashop” in the portal of your “Site” are reserved for private consumers, as defined by Art. 3 of the Consumer Code (D.Lgs. 206 of 6/09/2005), or natural persons acting for purposes other than business or professional activity, if necessary. Therefore “Mygrashop” invites all subjects not falling within the definition of private consumers or users to abstain from registering. Businesses or professional customers are invited to contact directly “Mygrashop” by writing e-mail address:customer [email protected].The provision of the data requested at the time of registration is mandatory for the “Client” as strictly functional to the performance of the same. Any refusal to provide them
involves the impossibility for “Mygrashop” to activate the services and carry out every activity to them. It is the faculty of “Client” to join the “Shopping Club of Mygrashop” with the creation of your account, the “Client” agrees to receive from “Mygrashop”, at the email address indicated at the time of registration, communications and proposals relative and/or related to the services of “Mygrashop” and in particular the Newsletters related to the portals managed by “Mygrashop” including the specific newsletter of the “Site” object of this writing. At any time “Client”, by clicking on the appropriate link at the bottom of the commercial communication, you may ask not to receive further communications. It is given faculty to the “Client” who intends to use the service “Invite a friend” present in same section of the “Site”, click on the “INVIA” button, declaring that you have acquired the consent of the recipient to the communication, “Mygrashop” will use the e-mail address of the latter in order only to allow the sending of the invitation to the registration to the “Site”. The data relating to the recipient's email address will not, however, be kept by
“Mygrashop” after sending the invitation email
ART. 3 - Contract of sale of the Products
In order to comply with Legislative Decree 70 of 9/04/2003, containing provisions on electronic commerce, “Mygrashop” informs the “Client” that in order to conclude the contract of sale of the Products on “Site”, the “Client” will have to fill out an order form in electronic format and send it to “Mygrashop”, online, following the instructions that will appear from time to time on the “Site” and that will accompany the different phases of the purchase. In the hypothesis in which the “Client” wants to receive an invoice, it will have to fill out the appropriate spaces of the known complete order of domicile tax, tax code and VAT. The contract is concluded when “Mygrashop” registers the order form, after verification of the correctness of the data relating to the order and payment. Before submitting the form of order, the “Client” may identify and correct any errors related to the data entered following the instructions that they will accompany the different phases of the purchase from time to time indicated on the “Site”. Registered the order form, “Mygrashop” will send to the “Client” to the email address indicated in the registration confirmation of the order and the receipt of payment by e-mail. It is recommended to store the received email as proof of purchase. The module of order will be archived in the database of “Mygrashop” and associated with the analogue of the “Client” for the time necessary for the evasion of the order and, however, in the terms of law. To access your order form the “Client” can consult the section “Order Archive – Wish List” of the “Site” using Password and User ID to Him attributed at the time of registration, where he will find the list of all orders he made. In the order note before confirmation of the same will be indicated the quantities, codes and descriptions of the individual products and services, the prices, any taxes and taxes. The individual codes will match technical descriptions, models, materials measurements, sizes and colors of the products as from technical sheet of presentation of the individual product and its variants. For each product or product type, when entering the shopping cart, they will be as provided for in Article 52 of the Consumer Code (D.Lgs. 206 of 6/09/2005), additional expenses of delivery and packaging, payment methods and applicability to the Contract of these General Conditions Sale. It may happen that the ordered product is no longer available after the purchase order. In that case case, the “Client” will be promptly returned the price paid, however within and no more than 30 days from the date of the payment, with retroactive currency at that date. In the event that a “Client” has sent orders for more products and some only of them are available, “Mygrashop” will have the right to also make a partial delivery.
ART. 4 – Price of Products and Payment Methods
The price of products published on the “Site” is net of VAT. Before purchase it will be possible for the buyer
view the amount of shipping costs at your expense. Payment by credit card is possible (Mastercard, Visa, Visa Electron and Postpay), bank transfer and cash. Credit card data is entered directly on the pages of the banking partner of “Mygrashop”, and are transmitted to the bank servers in encrypted form according to 128-bit SSL (Secure Socket Layer) standard, one of the most advanced and effective protection systems currently available. For greater security only the banking partner has access to the card data used for payment, while “Mygrashop” has no opportunity to know or store such data. With button selection "Pay" during the purchase process, the "Client" declares to fully and without reserve accept the totality of the these General Conditions of Sale.
ART. 5 – Orders
The purchase orders of the products will be evaded only after the receipt by “Mygrashop” of the confirmation the payment of the total amount due, consisting of the purchase price of the products including the shipping costs, the products remain the property of “Mygrashop” until the total liquidation of the amount due. “Mygrashop” reserves the right to refuse orders from “Clients” that do not give sufficient guarantees of solvency or with which disputes are pending and/or having abnormal purchasing behaviour. “Mygrashop” reserves the right to limit the number of products purchased from each “Client” and to determine an amount maximum expenditure for each of them. In case of unavailability of the ordered product, the buyer will be promptly informed by e-mail and will apply the provisions of the previous Art. 3. Once confirmed the purchase order, the “Client” will have the possibility to verify its details at any time on its web page, “Mygrashop” si makes it available to facilitate this vision even if the product concerned has been temporarily put out of the catalogue after the order of the “Client”.
ART. 6 - Warranty of Products and Product Compliance Guarantee
“Mygrashop” undertakes to provide products corresponding to the published product cards, in accordance with their specifications techniques and regulations in force, without defects or defects. The products will always be "first choice", to unless it is clearly and in advance highlighted the opposite. Product warranty terms will decorate from the day of delivery of the products to the “Client”. In case of defect of conformity of the purchased products, the “Client” has the right to replace the product, without any additional expense, where possible in relation to the number of specimens still available for sale and unless the replacement is too expensive for “Mygrashop” in view of the extent of such defect and the value that the good would have, if there were no fault of compliance. Alternatively, the buyer has the right, at his choice, to an adequate reduction of the price or to contract resolution. In case of termination of the Contract, “Mygrashop” will return the price paid by the “Client”, in addition to shipping costs within and beyond 30 (thirty) days from the date of communication of resolution. In case of price reduction, “Mygrashop” will return the amount of the reduction, in the same terms above. In any case, the amount of the refund will be communicated to the “Client” by email and accredited to the same according to the agreements between the Parties. The “Client” will have to agree with the Customer Service of “Mygrashop” shipping mode of the goods. The guarantees relating to the products sold are those provided directly by the manufacturer. The “Client” will have to denounce to “Mygrashop” any compliance defects (short roads) of the products, at penalty of decay, within 8 (eight) days from delivery date. In the hypothesis of occult vices, the terms of law will apply. The guarantee of conformity will not be applicable to repaired, modified or in any way altered by the “Client”. “Mygrashop” is not responsible for case of damage, of any nature, arising from the installation and/or use of the product improperly and/or not in accordance with the instructions provided by the manufacturer and in case of damage resulting from a fortuitous case or force majeure.The images and colors of the products published on the “Site” may differ from the real ones due to the effect of the settings local systems and/or tools used by the “Clients” for their display. In addition to these guarantees above the purchases made through the circuits managed by “Mygrashop” also respond to the “Compliance Guarantee of the products”, in fact “Mygrashop” responds to the “Client” of any lack of conformity of the goods purchased in the senses and for the effects of the Consumer Code (Title III - Legal guarantee of conformity and commercial guarantees for consumer goods, CHAPTER I The sale of consumer goods, Articles 128 and D. L.vo 22.07.2005 no 206), provided that the goods are delivered and manifested within two years of delivery receipt of the goods and provided that it is not a defect known by the “Client” at the time of the stipulation of the purchase contract. Any defect must be communicated to “Mygrashop” within two months of its discovery, sending recommended a. r. at the address referred to in ART. 1. The date of the postmark of sending the recommended itself.
ART. 7 – Intellectual property and Copyright
“Mygrashop” reserves all rights to texts, works, illustrations and images reproduced on web pages “Site” in accordance with the provisions of the Civil Code and Laws on copyright protection as well as in compliance with Intellectual Property. In this regard and in accordance with the provisions of the law on property intellectual property, use is authorized only for private use unless several provisions of the above mentioned. Any other use is prefigured as falsification and is sanctioned in accordance with the Intellectual Property, except for prior written permission from “Mygrashop”. All total or partial reproductions of catalogues published and associated with the “Site” are strictly prohibited.
ART. 8 - Delivery of Products, documentation and packaging
“Mygrashop” will deliver at the expense of the “Client” through the forwarders of third party suppliers linked to the individual catalogues of sale the products sold, in the place indicated by the “Client” in the compilation of the order note. At the time of delivery of the products, the “Client” will have to check:
- that the number of packages in delivery corresponds to what is indicated in the transport document
- that the product indicated on the packaging corresponds to the product indicated in the order confirmation;
- that the packaging is intact, not damaged or wet or otherwise altered.
Any damage or failure to match the number of packages or indications must be immediately disputed to the courier carrying out the delivery. In case of absence of the recipient at the time of delivery will be left a notice and the “Client” will have to provide personally to contact the courier or forwarder as soon as possible in order to agree on the arrangements delivery. If the “Client” does not provide you, it will be held responsible for shipping, storage and recovery of products. “Mygrashop” is not responsible for the delay or failure of delivery due to force majeure or case fortuito. The products will be delivered in the packaging normally used, complete with their documentation such as, as an example, the instruction manuals. The delivery is carried out by shippers and/or couriers of trust to shipping cost indicated on the screen while completing the order, calculated according to weight volume and destination of the goods. The cost of shipping is to the buyer, according to the rates and the costs indicated.
ART. 9 - Right of withdrawal
By means of distance sales contracts governed by the Consumer Code (D.Lgs. 206 of 6/09/2005), on “Client” has the right of withdrawal, which consists in the right to return the purchased product and in the consequent refund of the purchase price. The right of withdrawal must be exercised at penalty of decay within and no more than 10 (ten) working days from the date of receipt of the product without penalty and without need to specify the reason. In order to exercise this right, the “Client” must send a communication to the address within the prescribed period indicated in the ART. 1 by registered letter with receipt notice. The products subject to withdrawal must be shipped to “Mygrashop” within and no later than 48 hours from obtaining the authorization number rendered and sent to “Mygrashop”, complete with copy of the return form (which “Mygrashop” will have provided to send to the “Client” via E-mail together with the return authorization code), no later than 30 (thirty) days from the day of departure reception of the same. “Mygrashop” reserves the right not to accept the return of products without the code authorization made. Within the same period of 30 (thirty) days from the date of notice of the exercise of the right of withdrawal, “Mygrashop” will return the price paid by the “Client”, in addition to the shipping costs but not of those return that as specified below remain at the expense of the “Client”. The notice of receipt is not, however, an essential condition to prove the exercise of the right of withdrawal. With the reception from “Mygrashop” of the return form, the parties will be dissolved from the respective contractual obligations, subject to those of return products and price return. As provided for in Article 67 of the Consumer Code (D.Lgs. 206 of 6/09/2005), the substantial integrity of the products is essential for the exercise of the right of withdrawal. The “Client” must carry out the shipment at its own expense returning the whole good and in its original wrapping or wrapping complete with any documentation and accessory equipment (the right of withdrawal does not apply to sealed products once open), to limit damage to the original packaging, we recommend when possible, to insert it in a second box, on which to note the return number (return authorization code); should be avoided in all cases the application of labels or adhesive tapes directly on the original packaging of the product. The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of “Client”, “Mygrashop” therefore does not respond in any way to damages or theft/loss of goods returned with uninsured shipments.
ART. 10 - Responsibility and Cause of Force Majority
“Mygrashop” will not be responsible for “Client” or third parties in relation to damages, losses and costs incurred to following the failure of the contract, having the “Client” only the right to return the price corresponded. Similarly, “Mygrashop” is not responsible for any fraudulent and unlawful use that may be made by third parties, credit cards and other means of payment, upon payment of the products. “Mygrashop” in fact, in no moment of the purchase procedure, is able to know the number of credit card that, opening a secure connection (OSH protocol), is transmitted directly to the credit institution of which it will take advantage of online transactions. In hypotheses of force majeure, the defaulting part will not be held responsible of the non-compliance, provided that it has done as reasonably necessary to fulfill despite the cause of force majeure. It will be understood hypotheses of force majeure any event that has survived, unpredictable and outside the control of one or both Parties (such as exemplifying and not exhaustive war events, riots, fires, earthquake floods and other natural disasters, strikes, orders or prohibitions of national authorities and International) to prevent the proper fulfilment of the obligations assumed.
ART. 11 - Processing of personal data. Article 13 D.Lgs. 196/2003
According to Legislative Decree no. 196/2003 the processing of data will be based on the principles of fairness, lawfulness and transparency protecting the confidentiality and rights of the subject you submit. With reference to the provisions of art. 13 D.Lgs. 30 june 2003, n. 196, laying down provisions to protect confidentiality in the processing of data personal, “Mygrashop” informs that “Mygrashop” Registered office Via Provinciale Feltresca 9, 20/A - URBINO (PU) CAP 61029 - VAT: 02537760411
www.Mygrashop.it –[email protected]
a) personal data provided by the “Client”, or otherwise acquired within the “Mygrashop” activity, may be treated by “Mygrashop”, and in particular:
- its own information system, in compliance with the above mentioned legislation, for institutional purposes and
administrative:
- to give execution to the contractually agreed service and any accessories required,
in organising, managing and performing the completion of these services “Mygrashop” can provide data to third parties as its “commercial partners” suppliers of products that will be marketed; its Customer Service, even if managed outsourcing; the logistics center for the packaging of the products; to the carriers charged of delivery of products; to other companies of which “Mygrashop” uses or will avail itself for the provision of its services, e.g. collaborators for data entry activities and for the compilation of catalogues that will be published on-line.
- to fulfil the legal obligations or other obligations required by the competent authorities
- to protect the rights of “Mygrashop” and its representatives and/or appointed in court;
b) the treatment that the “Mygrashop” intends to carry out:
- will be performed with the following methods: computerized/manual;
- can also be realized by subjects to which the right to access the personal data of the "Client" is acknowledged by law or secondary and/or community legislation.
c) the data will be kept by “Mygrashop” for the time prescribed by the laws; the data, unless
strictly necessary for the proper execution of the contract of supply, will not be communicated to other subjects if not expressly requesting consent to the “Client”.
“Mygrashop” also informs that the communication of data is indispensable but not mandatory and any refusal does not involve consequences, but could cause the failure of the bonds assumed by “Mygrashop” for the supply of the requested service. The data controller is Mygrashop with registered office in Via Provinciale Feltresca 9, 20/A - URBINO (PU) CAP 61029, to which the
“Client” may apply to assert its rights as provided for in Article 7 of Legislative Decree no. 196/2003, that below is reported for extended: Art. 7 D.Lgs. 30 June 2003, n. 196 - Right to access personal data and other rights.
1. The data subject has the right to obtain confirmation of the existence or not of personal data concerning him, although not yet recorded, and their communication in intelligible form.
2. The person concerned has the right to obtain the indication:
a) the origin of personal data;
b) the purposes and methods of processing;
c) the logic applied in the case of processing carried out with the help of electronic instruments;
d) the identification details of the owner, the managers and the designated representative pursuant to article 5, paragraph 2;
e) of the subjects or categories of subjects to whom the personal data may be communicated or who may come to them knowledge as a representative designated in the territory of the State, of managers or persons appointed.
3. The person concerned has the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary for the purposes for which the data was collected or subsequently treated;
(c) the attestation that the operations referred to in letters a) and (b) have been brought to the attention, also with regard to their content, of those to whom the data has been communicated or disseminated, except where such fulfilment is it reveals impossible or involves the use of means manifestly disproportionate to the protected right.
4. The data subject has the right to object, in whole or in part:
a) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
b) the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
ART. 12 - Applicable Law and Competent Forum
This contract shall be interpreted and regulated in accordance with the Italian Law. For all things expressly regulated by this contract, the provisions of the Civil Code will apply. For any dispute concerning the interpretation and/or execution of this contract shall be competent in via exclusive the Forum of Urbino.