These General Conditions of Sale have as their object the purchase of products made on the calambour.com website belonging to Calambour Srl, based in Milan, Corso Lodi 74 – 20139. Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree. 206/05; the information aimed at the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as regards the protection of confidentiality, it will be subject to the legislation referred to in Legislative Decree 196/03.1. Conclusion of the contract and acceptance of the general conditions of sale
The contracts for the sale of products on the calambour.com site are considered concluded at the time the purchase order placed by the customer is received at Calambour Srl and the latter accepts it. Calambour Srl will promptly send the customer a receipt of the purchase order made by the customer. The customer, by sending his purchase order electronically, declares to have read and accepted these general terms and conditions and undertakes to observe and respect them in his relations with Calambour Srl . 2. Treatment of personal data
Calambour Srl pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired also verbally in reference to the commercial relationships established, provided directly by the interested parties, or otherwise acquired within the company’s activity, will be processed in compliance with the aforementioned legislation , including the confidentiality obligations envisaged by these. In relation to the aforementioned, the rights referred to in Article 7 of Legislative Decree no. 196/2003.3. Obligations of the customer
The Customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, the Customer is required, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the contract conclusion phase. 4. Order definition
By sending the online order, the Customer transmits to Calambour Srl a proposal to purchase the product and / or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale. Calambour Srl will notify the Customer of the acceptance and confirmation of the order. 5. How to purchase
The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein, to which the delivery costs specified on the site are added. Before submitting the purchase order, the unit cost of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the relative delivery costs. Once the purchase order is submitted, the customer will receive from Calambour Srl an e-mail message certifying receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and to the information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site Following the approval of the Law Decree no. 223 “maneuver bis” Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which entered into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in the event of an issue invoice, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, requires customers to communicate their VAT NUMBER and TAX CODE in the appropriate fields on the site. 6. Payment
The customer can make the payment due by choosing one of the following methods listed.
Payment by credit card or PayPal: In the event that the consumer intends to pay by credit card, he can use the payment procedure with PayPal , suitable for ensuring the confidentiality of the data provided by customers. For any information and further Legal Agreements, the Customer is asked to consult the site www.paypal.com .
Payment by bank transfer: Payment by bank transfer can be made using the following details: – IBAN IT 80S0103001662000001408994 – Header: Silvia Mangano. In the event that the payment is made by bank transfer, the purchased goods will be shipped in the manner described in the following paragraph “Delivery of Products”, to the address indicated by the customer upon receipt of the credit, therefore on average within two / five days after making the transfer (the timing varies depending on the credit institution used). To facilitate the process, the payment receipt together with your order number can be sent by e-mail to: firstname.lastname@example.org 7. Delivery of the products
The purchased good, together with the relative invoice, is delivered by DHL courier to the address specified by the Customer when ordering online. Any specific needs must be proposed by the customer a Calambour Srl . In the event of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender ( Calambour Srl ).
Delivery times in Italy range from 1 to 3 working days for all items. 7. Guarantee of conformity and defective products
Calambour Srl is liable for any lack of conformity that occurs within two years from the delivery of the goods. 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) they conform to the description given by the seller and possess the qualities of the goods 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 good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller by the latter at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts. The consumer loses all rights if he does not report the lack of conformity to the seller within two 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 has concealed it. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of In the event of a lack of conformity, the consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for Calambour Srl pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent in writing, by registered letter with return receipt or by certified e-mail to CAlambour Srl, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven days. working from receipt. In the same communication, where Calambour Srl has accepted the consumer’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. o Calambour Srl has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the consumer, the latter may request, at his choice, a reasonable reduction of the price or termination of the contract. In this case, the consumer will have to send his request to Calambour Srl, which will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where Calambour Srl has accepted the consumer’s request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the consumer’s responsibility to indicate how to re-credit the sums previously paid to Calambour Srl. 8. Right of withdrawal
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 good.
In the event that the professional has not satisfied the information obligations on the existence, methods and times of return or withdrawal of the asset in case of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address: Calambour srl Milan, Corso Lodi 74 – 20139. That is by email to email email@example.com , provided that such communications are confirmed by sending a registered letter with return receipt to Calambour srl Milan, Corso Lodi 74 – 20139 within the following 48 (forty-eight) hours or by certified e-mail to the e-mail address firstname.lastname@example.org .
For the purposes of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or to the forwarder will be valid between the parties.
The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned. o risk deteriorating or expiring rapidly, supplying newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the cod. cons.
The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article. 9. Procedures for exercising the right of withdrawal
The right of withdrawal is exercised by sending, within the aforementioned term, a written communication to the address of Calambour Srl by registered letter with acknowledgment of receipt to the following address: Calambour Srl Milan, Corso Lodi 74 – 20139 or by certified e-mail to the e-mail address email@example.com .
If the goods have been delivered, the customer is required to return them to Calambour Srl within the term of 15 (fifteen) working days from the date of delivery of the goods. The asset must be returned to Calambour Srl complete with every part and any accessory or instruction manual and with everything originally delivered to the customer, as well as packed in its original packaging. The returned product must be accompanied by a copy of the electronic order receipt. The costs of returning the goods a Calambour Srl are the responsibility of the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Calambour Srl is required to reimburse the sums paid by the customer. In particular, Calambour Srl will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the customer’s exercise of the right of withdrawal. This operation will be carried out via PayPal refund where possible or by crediting the sum to the bank account indicated by the customer. Calambour Srl has the right to reject any product returned with methods other than those specified above, as well as products for which the return costs have not been fully paid by the customer, or the methods and times indicated for the communication of the exercise of the right of withdrawal. 10. Express termination clause
In the event of total or partial non-payment of the purchase price of the asset Calambour Srl reserves the right to declare pursuant to and by effect of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s electronic address. 11. Complaints
For any complaint or clarification, the customer must write to the e-mail address firstname.lastname@example.org . The customer will be contacted for clarification within 3 (three) working days from the request. 12. Applicable law and competent court
All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Bergamo Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
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, letter u) of the code cons 14. Referral
This contract is regulated by the Italian law.
19.2. Although not expressly provided for here, the laws applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons.