Terms and conditions of sale

Dear Customer
We would like to inform you that the general conditions of sale specified here below, in compliance with relative customer protection laws and regulations in force, indicate the conditions and methods required to proceed with online purchase on the website of ELETTROMECCANICA NUCCIARELLI S.N.C DI NUCCIARELLI ADOLFO, FRANCESCO E DANIELE, hereinafter referred to as the Seller, of products of your interest, in a safe, easy and advantageous manner. Therefore we invite you to read them carefully and accept them in order to proceed with your purchase.

I. SUBJECT

These general conditions of sale discipline the sale of products commercialised by the Seller for consumer users and users acting according to business purposes.
Said general conditions are effective from the date of acceptance by the customer on the website, namely that they come into effect as acceptance pursuant to art. 1341 of the Civil Code.
The company reserves the right to change these general conditions of sale at any time and duly post them on the website.
The company will not be held contractually or extra-contractually liable for direct or indirect damages caused to persons and/or possessions caused by even a partial failure to accept an order.

II. PURCHASE METHOD

Access to the website and relative registration is required to purchase products. The website contains a description of each product which includes all main characteristics. All information for supporting the purchase is to be intended merely as simple, generic information material.
It remains understood that the image accompanying the description may not constitute a perfect representation of product characteristics, indeed it may differ in terms of colour, size and accessories present in specification tables.
The Seller confirms correct order reception via an automated email response sent to the email address supplied by the customer during registration. Said confirmation message contains an “order number” to be used in any correspondence with the company. The message contains all data inserted by the customer who undertakes to immediately check and inform of any corrections which may be required.
In case of failure to accept order, the seller guarantees rapid customer notification.

III. PAYMENT METHOD

All prices on the website are to be intended as the final price, and therefore including VAT.
Prices may vary, without obligation of notification, and the only correct price is the one indicated upon the moment of order confirmation.
In case of price promotions of determined products, the Seller reserves the right to accept orders after a reduction in quantity, prior notification and customer’s acceptance, without which the order is to be considered cancelled.
In case of the purchase of goods using a credit card, contextually with the conclusion of the online transaction, the bank institute of reference will only authorise the committed amount relative to the purchase at hand. The amount regarding delivered goods, even partially, will be effectively charged to the customer’s credit card only upon delivery of ordered material to the courier.
For further information or to receive support please contact the seller directly or the Customer Support team at the tel. no. specified, the cost of a phone call is 12 cents per minute from a land line and may vary from mobile phone, according to telephone operator.
Goods will only be sent after reception of order and payment.
In case of order cancellation, both by the customer and in case of order rejection by the seller, said order will be cancelled and the committed amount will be released (release times depend exclusively on the banking system used). Once the transaction has been cancelled, the seller can not longer be held liable for any damages deriving from the release of relative committed amounts by the banking system.
The seller reserves the right to request integrative documents from the customer to prove credit card ownership. In case of failure to send documentation, the Seller reserves the right to reject the order.
Transaction security is guaranteed by a data encryption system (SSL) as well as direct, protected and certified connections.

IV. DELIVERY METHODS

For each order, the seller issues a sales document of shipped material. For the issuing of invoices, information supplied by the customer upon placing the order prevails. The customer may request a copy of the invoice or full receipt no later than three months after issuing.
Delivery expenses will be borne by the customer and must be indicated when placing the order. The seller will not be held liable in any way in case of delays in order processing or delivery. Upon delivery the customer must check:
– that packaging is intact, not damaged, wet or altered in any way;
– that the number of packages corresponds to the number indicated in the shipment document.
Any damage to the product or packaging, or any discrepancies in indications must be immediately contested with the courier by placing a relative written ACCEPTANCE SUBJECT TO VERIFICATION on courier proof of delivery. Upon signing the courier’s document, the customer can not bring forward any claim regarding the exterior characteristics of what has been delivered.
In case of failure to collect material stored at the courier’s warehouse within 5 days, due to several failed attempts of delivery at the address specified by the customer upon order placement, the order will be cancelled.

WITHDRAWAL AND LEGAL GUARANTEE

For details please see “Right of Withdrawal”

For details please see “Legal Guarantee”

APPLICABLE LAW

The contract of sale between the customer and seller is intended as concluded in Italy and governed by the Italian law. For all that has not been established, the Italian Law will be applied. For the resolution of civil and penal disputes arising from the conclusion of this distance contract of sale, if the customer is a consumer, namely a physical person who purchases the goods for non-business purposes purposes, namely upon carrying out the purchase they do not indicate a VAT number, the competent court will be the one of their address of residence. In all other cases, the competent Court will be the one where the Seller’s offices are located

INFORMATION STATEMENT ON PROCESSING OF PERSONAL DATA

SUBJECT: information statement and request for consent pursuant to and in accordance with articles 13, 23 and 26 of Legislative Decree no. 196, 30.6.2003, regarding the protection of personal data processing.

The seller hereby informs you, pursuant to and in accordance with art. 13 of Legislative Decree 196/2003 that:

• the aforementioned Legislative Decree sets forth a series of obligations for parties who carry out “processing” (namely the collection, registration, notification, disclosure, etc.) of personal data referred to other subjects. Said Legislative Decree also establishes an obligation to inform all interested parties on their rights recognised by the law as well as data processing characteristics.
• All personal data you will be requested to provide will be processed at the seller’s premises and in compliance with the principles of necessity and relevance, using procedures which may also be computerised, for the fulfilment of legal and tax obligations, in order to comply with contractual obligations.
• The seller is the data controller. For legal purposes, the data supervisor is domiciled at the office of the aforementioned company. During processing the controller and relative designated persons may come into the knowledge of data which will be processed in compliance with obligations set forth in privacy regulations and in accordance with principles of propriety;
• manual and automatic systems will be used for processing, with the purpose of memorising, managing and transmitting data, using logics strictly correlated to the purposes of processing, based on data we are in the possession; you hereby undertake to rapidly notify us of any corrections, integrations and/or updates;
• with the exception of communications and disclosures carried out to ensure compliance with legal and contractual obligations, data supplied to the author will be solely used for the fulfilment of legal requirements;
• The nature of conferral is to be intended as strictly necessary in relation to the purposes of aforementioned processing. Your conferral of aforementioned data is indispensable for the exact fulfilment of aforementioned activities.
• any refusal will preclude the correct fulfilment of legal and contractual obligations, thus compromising the continuation of the relationship established between the parties;
• you can exercise your rights with respect to the data controller at any time pursuant to article 7 of Legislative Decree 196/03, in particular:
  – confirmation of the existence or otherwise of personal data concerning yourself and their communication in intelligible form;
  – to be informed on the controller, processing purposes and methods as well as any supervisor, subjects or subject categories to which data may be disclosed;
  – obtain the updating, rectification or integration of data;
  – obtain the deletion, transformation into anonymous form or blocking of said data;
  – oppose, for legitimate reasons, the processing of data, without prejudice to limits set forth by the law;
  – oppose the sending of advertising or market research or commercial communication material.
  The complete text of art. 7 of Legislative Decree 196/2003 regarding the rights of the interested part is available on the Guarantor’s site www.garanteprivacy.it/en.