Art. 1 Object of the contract
Tessuto Artistico Umbro, based in via PREDARA 6, 06036 Montefalco (PG), VAT number 02088710542, email address: firstname.lastname@example.org – Telephone: +39 0742 378918 – Fax +39 0742 378919, sells and the Buyer purchases with a remote sales contract, through the internet, the selected Products and ordered by the Buyer among those included in the electronic catalog and currently available.
The service is active for purchases to be delivered all over the world.
Once the order has been placed, the Umbro Artistic Fabric company will confirm to the Purchaser the registration of the purchase order made by him via a message sent to the e-mail address indicated by the Purchaser himself and / or with a web screen.
The contract is concluded, and is binding for both parties, when the purchase order confirmation is sent to the Buyer. The fulfillment of the order by the Umbro Artistic Fabric company is equivalent to confirmation and acceptance of the same. Failure to pay for the goods, after 8 days from the order, will result in the cancellation of the same, except for cash on delivery.
The Umbro Artistic Fabric company reserves the right not to accept incomplete and / or not properly completed purchase orders.
The Umbro Artistic Fabric company accepts purchase orders for products within the limits of the quantities in stock. Therefore the acceptance of the purchase proposal is subject to the availability of the products in stock. The Umbro Artistic Fabric company undertakes to promptly notify the Purchaser of any unforeseen stock outages due to excess demand or other causes.
Normal / standard products and customized / special products may be the subject of the purchase order by the Buyer.
Normal / standard products are those indicated in the colors and models in the online catalog of the Products.
Custom / special products are those that have differences and / or variations, explicitly requested by the user, by way of example and not limited to variations in measurements or embroidery.
Art. 2 Obligations of the Buyer
Once the online purchase procedure has been completed, the Buyer undertakes to print and / or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as to print. of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
The Purchaser is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications for him; the personal data and email address must be real and of the person executing the order and not of third parties.
The Purchaser must be of age, no orders will be processed to minors.
Pursuant to art. 13 of Legislative Decree 196/03 “Code regarding the protection of personal data”, the present company Fabric Artistico Umbro., With headquarters in via PREDARA 6, 06036 Montefalco (PG), informs that the data provided to it, qualified as personal by law, will be treated as described below:
Purposes and methods of processing for which the data are intended.
The data are processed in relation to contractual requirements and the consequent fulfillment of the legal and contractual obligations deriving from them as well as to achieve an effective management of commercial relationships (establishment of commercial relationships, promotion, marketing, sales statistics, fulfillment of administrative and accounting obligations such as the management of contracts and commercial transactions, commercial invoicing, credit recovery, historical archiving). The data will be collected, stored and processed on paper, computerized or telematic supports, in order to guarantee the security and confidentiality of the same. The data will be processed for the entire duration of the contractual relationships established and also subsequently for the fulfillment of all legal obligations as well as for future commercial purposes.
Mandatory or optional nature of the provision and consequences of refusing consent.
The provision of data is mandatory for all that is required by legal and contractual obligations and therefore any refusal to provide them or subsequent processing may make it impossible for the writer to carry out the same contractual relationships. Failure to provide, however, all data that are not attributable to legal or contractual obligations will be evaluated from time to time by the writer and will determine the resulting decisions related to the importance of the data requested with respect to the management of the business relationship.
Subjects who may become aware of the data. Without prejudice to the communications and dissemination carried out in execution of legal obligations, the data may be communicated in Italy to:
– third parties who may perform services in favor of the Umbro Artistic Fabric company (e.g. companies operating in the transport sector, professionals and consultants)
– banks and credit institutions, non-bank financial intermediaries and insurance companies
– associations of entrepreneurs and companies
– group company
Rights referred to in art. 7.
With regard to your data, you can exercise the rights provided for by art. 7 of Legislative Decree 196/2003. within the limits and under the conditions set out in articles 8, 9 and 10 of the aforementioned legislative decree. Pursuant to the aforementioned art. 7, the interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded, and their communication in an intelligible form. It can also obtain the origin of personal data, the purposes and methods of treatment; the logic applied in case of treatment carried out with the aid of electronic instruments; the identification details of the owner, of the managers and of the designated representative; the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents. The interested party also has the right to obtain: updating, rectification or, when interested, integration of data; the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed; the attestation that the above operations have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party has the right to object, in whole or in part: for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection to the processing of personal data concerning him for the purpose of sending advertising or sales material direct or for carrying out market research or commercial communication.
Owner and manager of the treatment.
The owner of the data processing is Umbro Artistic Fabric., With headquarters in via PREDARA 6, 06036 Montefalco (PG). Responsible for the processing of personal data is the Montefalco Artistic Fabric.
Consent of the interested party.
Having acknowledged the information received pursuant to art. 13 of Legislative Decree 196/03, the Purchaser will express consent or not to the processing and communication of their data qualified as personal by the aforementioned law within the limits, for the purposes and for the duration specified in the information, aware that the refusal , even if only for one of the purposes indicated, will force the Umbro Artistic Fabric not to provide services, services or supplies.
Art. 4 Delivery times and methods
The Umbro Artistic Fabric company assumes the responsibility of delivering to the Buyer, by courier, the products selected and ordered by the Buyer, in the place indicated by them.
The shipment will take place within 10 (ten) working days from the date of payment of the purchase order. In case of non-payment, the order will not be processed. The delivery date may vary depending on the destination of the goods.
Shipments are made by BRT Courier Express Courier or Mail Boxes ETC and the goods are delivered in 2-4 working days in Italy (excluding the islands where delivery takes place 3-5 working days) depending on the delivery area and time. in which the order was placed and payment received. For foreign shipments, delivery times vary depending on the location and can take from 10 to 30 working days and are made with Mail Boxes ETC, as better specified in http://www.tessutoartisticoumbro.com/index.php?id_cms = 1 & controller = cms & id_lang = 1. The recipient of the goods must make himself available at the communicated address as the courier will carry out no. 2 attempts to deliver the ordered goods; in the event of failure to collect the goods, the Buyer will be charged additional costs.
Art.5 Dispute about shipments
In the event that the Purchaser finds any damage to the packaging and / or the product or the mismatch in the number of packages, it must be immediately contested, placing a written control reserve on the courier’s proof of delivery. Once the courier’s document has been signed, the Purchaser will not be able to make any objection about the external characteristics of what was delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 10 (ten) days of delivery, by registered letter with return receipt, indicating the purchase order number, tax documentation, and the bank details, in Umbro Artistic Fabric., with registered office in via PREDARA 6, 06036 Montefalco (PG).
In case of omitted or delayed complaint, the Buyer will not be able to return the products received for any reason. The Buyer is required to return the products affected by defects or deteriorated at the headquarters of the Umbro Artistic Fabric, based in via PREDARA 6, 06036 Montefalco (PG), within 10 days, attaching the original shipping wrapping, with the written authorization of the Umbro Artistic Fabric company. The postage costs for returning the products referred to in the previous paragraph to the Umbro Artistic Fabric company will be reimbursed to the Buyer. The Umbro Artistic Fabric company will replace the defective products returned by the Buyer. In the event that, for any reason, the Umbro Artistic Fabric company is unable to replace the product, it may proceed at its discretion to refund the full amount paid or to replace it with a product of equal or superior characteristics.
Art.6 Warranty and complaint of defects
The products sold are covered by the manufacturer’s conventional guarantee and, for final consumers only, by the legal guarantee of 24 months for lack of conformity, pursuant to art. 128 ff. Legislative Decree no. 206/2005.
This guarantee is reserved for the Consumer who is a natural person who acts for purposes unrelated to any business or professional activity carried out. In the event of a lack of conformity, the Umbro Artistic Fabric company will restore the conformity of the product by repairing / replacing or reducing the price, until the contract is terminated. In the event that, for any reason, it is unable to return a product under warranty (restored or replaced) to its customer, the Umbro Artistic Fabric company may proceed at its discretion to return the entire amount paid or replace it with a product with equal or superior characteristics. In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Purchaser in the original packaging, complete in all its parts.
The final consumer Buyer loses the rights provided for by art. 130, paragraph 2 of Legislative Decree 206/2005 if you do not report the lack of conformity to the Umbro Artistic Fabric within two months from the date on which you discovered the defect.
The warranty is not valid if the product has been tampered with by unauthorized personnel, if the defects have been caused by negligence or misuse of the Buyer, willful misconduct, transport, shocks, falls, humidity, or other causes not dependent on manufacturing defects. or production.
Art.7 Right of withdrawal
The final consumer Purchaser, a natural person who acts for purposes unrelated to any business or professional activity carried out, has the right to withdraw from this contract without any penalty and without obligation to give reasons, under penalty of forfeiture within the term of 14 working days. from the day of receipt of the products, pursuant to Article 55 of Legislative Decree 206/2005.
The right of withdrawal must be exercised by the Buyer by sending a written communication to be sent to Fabric Artistico Umbro, via PREDARA 6, 06036 Montefalco (PG), as specified in Article 7.3.
The communication must contain the purchase order number, the will to withdraw from the purchase and the Product or Products for which the right of withdrawal is to be exercised; the Purchaser must also attach a copy of an identity document, a copy of the purchase tax documentation, and indicate both a telephone number on which he can be contacted and the bank details of the current account to which he will receive a refund of the amount paid. In this regard, any other explicit declaration of your decision to withdraw from the contract may be presented.
The communication can be sent within the term referred to in the previous art. 7.1. by registered letter with return receipt, sent to Fabric Artistico Umbro, via PREDARA 6, 06036 Montefalco (PG), e-mail (email@example.com), fax +39 0742.378919.
Once the notice of withdrawal has been received by registered letter with acknowledgment of receipt, the Umbro Artistic Fabric company will communicate, by telephone, the Buyer the address to which to ship the products to be returned and the authorization to return the products. products themselves. The Purchaser must ship the product carefully packed in its original packaging, complete with everything originally contained, to the communicated address; the direct costs of returning the goods subject to withdrawal will be borne by the Buyer. The shipment will be borne by the Buyer and must take place within ten working days of the communication from the Umbro Artistic Fabric company. The costs for sending the goods are available at the link http://www.tessutoartisticoumbro.com/index.php?id_cms=1&controller=cms&id_lang=1. The shipment, until receipt by the Umbro Artistic Fabric company, will be under the responsibility and risk of the Buyer. Upon receipt of the products, the Umbro Artistic Fabric company will verify their integrity and reimburse the Purchaser for the amount of the purchased product, excluding transport costs.
The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
In the event that the right of withdrawal is exercised by the Buyer in accordance with the provisions of this article, the Umbro Artistic Fabric company will reimburse the sums paid by the Buyer within 14 days from the date of receipt of the communication of the withdrawal itself, the Fabric Artistico Umbro may withhold the refund until it receives the goods or until the Buyer proves that he has returned the goods, pursuant to Article 56, paragraph 3 of Legislative Decree 206/2005.
The final consumer Purchaser cannot exercise the right to withdraw from this contract, pursuant to art. 59 lett. c) of Legislative Decree 206/2005, in the case of the purchase of customized / special products, referred to in Article 1, paragraph 8 of this contract.
Art. 8 Prices
The Buyer will pay the Umbro Artistic Fabric company for the products purchased the price indicated in the online catalog at the time the Buyer placed the order; this price will be expressed in Euros and will include the Italian VAT in force at the time of purchase.
The shipping costs of the products, where provided for by the Buyer, will be applied according to the prices indicated in the appropriate section published on the site http://www.tessutoartisticoumbro.com which the Buyer examines before making the order.
The prices of the Products can be updated and therefore undergo changes on a daily basis.
Art. 9 Promotions and gifts
Any promotions proposed by the Umbro Artistic Fabric company are valid until stocks of the Products are exhausted and within the purchase limits indicated on the site. The Promotional Products can be delivered in promotional packages, different from those published on the site. The offer of any free Products is valid while stocks last. No replacement or return is possible in relation to any Products received as a gift from the Buyer.
In the event of non-delivery of the products by the Umbro Artistic Fabric company, the Purchaser is only entitled to a full refund of the sums paid.
The Umbro Artistic Fabric company assumes no responsibility for inefficiencies attributable to force majeure of any nature and kind, if it fails to execute the contract within the agreed time.
Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of own employees or carriers of which the Fabric Artistico Umbro uses, as well as any other circumstance that is beyond the control of the latter.
Without prejudice to the provisions of art. 8 of the U.E. 97/7 and art. 56 of Legislative Decree 206/2005, the Umbro Artistic Fabric company assumes no responsibility for any fraudulent use by third parties of the credit card data provided by the Buyer
Art.11 Methods of payment and billing
The Buyer will pay for the Products ordered in the following ways: PayPal, cash on delivery or cash on delivery. Cash on delivery is exclusively for the Italian territory; for this payment method an additional supplement of Euro 5,00 (five / 00) is required.
The Umbro Artistic Fabric company will send the invoice and / or receipt together with the goods, by post to the address indicated in the order by the Buyer.
For the issuance of the tax document, the information provided by the Purchaser at the time of the order will prevail. No changes will be possible after the tax document has been issued. The Buyer undertakes to carefully check the data entered at the time of the order, because these will be used for accounting records.
Art. 12 Termination of the Contract and Express Termination Clause
The obligations assumed by the customer in art. 2 above (Obligations of the Buyer), as well as the guarantee of the successful outcome of the payment that the customer must make, are essential, so that by express agreement, the non-fulfillment by the Buyer of only one of these obligations, will determine the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right for the Umbro Artistic Fabric company to take legal action for compensation for further damage.
Fabric Artistico Umbro undertakes to use secure methods of transmitting data and documents, using the electronic recognition of the sender User’s terminal, encrypting the data in transit through the use of a special line protected by a 128-bit encryption system. .
Security systems adopted for credit card transactions: SSL (Secur Socket Layer) protocol.
The Umbro Artistic Fabric company reserves the right to change these General Conditions at any time by publishing the updated version on the website http://www.tessutoartisticoumbro.com.
Any new clauses will be effective for purchases made after the change.
Art.15 Applicable law
This contract is regulated by the Italian law. These general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree 50/92 and Legislative Decree 206/05.
Any dispute relating to the application, execution, interpretation of this contract stipulated online through the site http://www.tessutoartisticoumbro.com is subject to Italian jurisdiction.
For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the State. If the Purchaser’s residence or domicile are not located in the territory of the State, the Court of Perugia, Italy is competent.