GENERAL CONTRACT CONDITIONS FOR DISTANCE SALE
1) PREMISES AND CONDITIONS OF THE SALES CONTRACT
1.1. These general conditions of online sales contract govern the methods and terms with which MICHELANGELO SRL, currently in Via Firenze, 36 Bis 54033 Carrara (MS), in the person of its administrator and pro-tempore legal representative Dr. STEFANO STORTI, registered at the Chamber of Commerce of Massa Carrara at no. 128267 of the Business Register, VAT number: IT 01281970457 hereinafter referred to as “Seller / Supplier” sells various types of products as well as works of Industrial Design exclusively distinguished by the Michelangelo S.r.l. (hereinafter “PRODUCTS”) through the e-commerce portal www.michelangelo.style (hereinafter “SITE”) and regulate the purchase, via telematic methods, of the aforementioned products. The general conditions of the online sales contract are available on the site to be easily read by the customer before registering and before purchasing the products. The general conditions of the online sales contract applicable to the sale of products are those published on the site, on the date of the order for the products. The Customer, therefore, must read the general conditions every time he intends to make a purchase on the site. The mere tolerance or failure by Michelangelo Srl to contest any non-fulfillment by the Customer with respect to what is contained in the general conditions of the contract cannot be interpreted as tacit acceptance of such non-fulfillment, nor as a desire to derogate from what was agreed between the parties.
1.2. With reference to contracts concluded with consumers, these will benefit from the protections provided for in the event of the conclusion of distance contracts pursuant to Part III, Title III, Chapter I, Section II of Legislative Decree 6 September 2005 n. 206 of the Consumer Code, as well as all the additional guarantees mandatorily provided for, in favor of consumers, by the Consumer Code itself and by any other applicable law.
1.3. For a better understanding of the general conditions of the online sales contract we mean:
With the expression “Online sales contract”, any purchase and sale contract relating to tangible movable assets presented on the seller / supplier’s website, stipulated between them and the customer as part of a remote sales system organized through telematic tools.
With the expression “Consumer” any natural person who makes a purchase order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
With the expression “Professional” any natural or legal person who makes a purchase order in the exercise of their business, commercial, craft or professional activity.
With the expression “Customer” the person (consumer or professional) who makes the purchase from the website www.michelangelo.style
With the expression “Site” the set of web pages accessible through the url www.michelangelo.style
With the expression “Seller / Supplier” the company MICHELANGELO SRL, currently in Via Firenze, 36 Bis 54033 Carrara (MS), in the person of its director and pro-tempore legal representative Dr. STEFANO
STORTI, registered with the Chamber of Commerce of Massa Carrara under no. 128267 of the Business Register, VAT number: IT 01281970457
as an electronic commerce service provider, through the portal www.michelangelo.style
With the expression “Purchase order” proposal concerning the purchase of one or more products, formulated by the customer
towards the seller by placing the order and simultaneous payment.
2) ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
2.1. The general contract conditions are an integral part of any purchase order and product sales contract concluded.
2.2. The customer, during registration and sending the order, expressly declares that he has read, understood and accepts the general conditions of the sales contract and the additional information contained on the site including privacy, as well as being an adult, in possession the legal capacity to act.
3) METHOD OF STIPULATION AND CONCLUSION OF THE SALES CONTRACT
3.1 The Customer can purchase the products as illustrated in the information sheets and / or catalogs on the pages of the site. The information sheet allows you to better view the article, complete with front / back / detail photos and zoom, short description of the product, the article code, composition, price ….
The shipment of the ordered product will be anticipated by the sending to the Customer, by e-mail, by Michelangelo Srl, of some photos of the actual piece that better highlight the peculiarities of the ordered product (by way of example only: general aesthetic characteristics of the product , characteristics, background color type of veins present in the marble, such as finishes, degree of finish, type of marble and / or other material used). After 24 hours from the sending of the photographic material, Michelangelo Srl will proceed to ship the ordered products.
From the information sheet, the customer can add the product to the Cart (“Add to Cart”) by selecting the quantity. From the cart it is possible to change the quantities and remove the selected items.
The cart will not be stored to be viewed at a later time until the registration procedure is completed.
3.2 In order to proceed with a purchase order it is necessary that the customer is registered on the site and has communicated all the data requested during registration – name and surname / name, profession, e-mail address, telephone number, address shipping and any billing data – consenting to the processing of the same for the purposes indicated. The Customer is solely responsible for the truthfulness of the data and the accuracy of the information provided to the seller during registration through the site and undertakes to promptly communicate any information of the data entered.
Once registration is complete, the Seller / Supplier will send an email confirming registration.
3.3 Once registration is complete, the customer can select one or more products he intends to purchase, inserting them in a virtual “cart”, of which he can always view the content in the “summary of the shopping cart “, with specific indication of the total price and quantity, before proceeding to forward the order. Registration can also be done after selecting the product you intend to purchase.
3.4. At any time before placing the order, the customer can exclude the previously selected products by clicking on “delete” or “previous” or add more by clicking on “continue shopping”.
3.5. Once the products he intends to purchase have been selected and placed in the cart, the customer will be asked to confirm the address indicated when logging in or registering for product delivery and billing and then to choose a shipping option.
3.6. The order form contains a summary of the information on the essential characteristics of each product ordered and the relative price (with indication of all applicable taxes and duties), the chosen means of payment, the delivery methods of the products purchased, the costs of shipping and delivery: before sending the order, the customer must carefully read the entire content, identify and correct
any data entry errors.
3.7. Upon completion of these steps (“address” and “delivery” sections), the customer is required to declare their acceptance by affixing a flag in the box “Confirm general conditions of sale”
of the general conditions of sale which can be read and consulted through the link.
3.8. At the end of this phase, the customer can choose the payment method from those indicated and make a simultaneous payment.
3.9. By clicking on the “complete order” button at the end of the procedure started, the customer will forward the order. Any order forwarded according to these methods must be considered, to all effects, as a proposal
contractual by the customer. The placing of the order implies the assumption of the obligation to pay.
3.10. All purchase orders for products are subject to their availability and, therefore, to the confirmation of Michelangelo Srl, which will communicate this availability by sending an e-mail to the customer confirming shipment. By sending this e-mail, the seller will also notify the customer that the order has been accepted and a detailed summary of the information relating to the same. The contract will be considered concluded and therefore the order accepted when the customer receives notice of the acceptance of his purchase proposal by the seller and therefore with the receipt of the order confirmation and acceptance e-mail.
3.11. In case of non-execution of the order, due to the unavailability of one of the products ordered, Michelangelo Srl will inform the customer via e-mail and will ask for the confirmation of the customer’s order, for the purchase of remaining products available. In any case, the unavailability of one or more of the products ordered will not automatically give the Customer the right to cancel the entire order.
4) PRICE AND SHIPPING COSTS
4.1. The prices of the products are those actually displayed on the site at the time the order is placed and, unless otherwise specified, are inclusive of VAT. Shipping costs must be added to the prices shown on the site, for each of the products. and delivery of the same which will be duly highlighted and summarized before the order is issued and subsequently also in the order confirmation.
4.2. The total price for the purchase of the products and the shipping costs, as indicated in the order, will be charged to the Customer when making the payment.
4.3. The seller / supplier reserves the right to change the prices of the products shown on the site at any time. However, any changes to prices will not be effective for customers who have already forwarded an order.
5) TERMS AND METHOD OF DELIVERY OF PRODUCTS
5.1. The seller will deliver the selected and ordered products with the shipping methods selected in the purchase order, to the address indicated by the customer.
5.2. Michelangelo Srl will not be responsible for delivery errors due to inaccuracies or incompleteness in compiling the order or for unavailability of the Customer.
5.3. Delivery is subject to payment by the customer of the price of the products and services connected with the shipment.
5.4. Upon delivery of the products to the Customer by the carrier in charge of their transport, the Customer must check:
a) that the quantity and type of Products ordered correspond to what is indicated in the transport document;
b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials. Any anomalies must be immediately reported to the carrier upon receipt of the products, by indicating them in the delivery note. The Customer in order to facilitate and speed up the checking procedure for any anomalies
from the Supplier, can write an e-mail to the address
6.1. The Seller assumes no responsibility for inefficiencies or failure or delay in delivery, attributable to unforeseeable circumstances or due to force majeure, such as by way of example but not limited to strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties , fires, floods, floods, damage to industrial machinery not dependent on the seller and any other event not foreseen here that occurs for reasons not attributable to the seller.
6.2. The Seller cannot be held liable to the customer for disservices or malfunctions related to the use of the internet outside of its control.
6.3. The perishing of the thing for a cause not attributable to the Seller does not release the professional from the obligation to perform the consideration, even if the thing has not been delivered to him.
6.4. In the event of a contract concluded with a consumer, the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the consumer only when the latter physically comes into possession of the goods.
6.5. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment upon payment of the purchased products.
7) RIGHT OF WITHDRAWAL
7.1. The Customer has the right to withdraw from the contract concluded with Michelangelo Srl, without any penalty and without specifying the reason, within 14 days from the day of receipt, or from collection at the store, of the products purchased on the site, provided that the products to be returned are intact, complete with their original packaging, tags and labels as better regulated in point 8.4 below.
7.2. If the Customer intends to exercise the right of withdrawal referred to in this article, he must: – send an e-mail to the address
firstname.lastname@example.org, attaching the shipping confirmation sent by the seller and specifying in the text of the e-mail the numeric code of the item or items to be returned (hereinafter “RETURNED PRODUCTS”);
7.3. In case of exercising the right of withdrawal, even partial, the return of the products must be done in a single solution. The Customer is required to return the goods or deliver them to the Seller, without undue delay, within the following 14 days from the date on which he communicated his decision to withdraw from the contract by e-mail to the Seller.
7.4. The goods must be in the state in which they were delivered and keep their identification tag, internal labels and their packaging. Michelangelo Srl, in case of exercising the Customer’s right of withdrawal, has the right not to accept the return of returned products that do not have the relative tag, internal labels and that have been used, damaged, washed or altered in their essential characteristics. and qualitative.
7.5. The seller, having ascertained the conditions referred to in point 7.4, will as soon as possible send the Customer, via e-mail, the relative confirmation of acceptance of the returned products and reimburse, through the banking procedure, the expenses incurred by the Customer for the purchase of such products, withholding the shipping costs. The return costs are charged to the customer.
7.6. In any case, the method of return on delivery is prohibited.
8) RETURN FOR PRODUCTS DEFECTS OR DIFFERENCES
8.1. The Seller will provide, in relation to the products purchased by the Customer, the legal guarantee of compliance with the conditions and terms of prescription and forfeiture provided by law. In particular, the rights arising from this guarantee may be exercised on condition that the products have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed indications, as well as upon presentation by the Customer of the delivery note received with them and indication of the order number.
8.2. In the case of defective or different products from those ordered (hereinafter “Defective Products”), the Customer, within the period of forfeiture of 2 (two) months from the discovery of the defect and defect of the product, must send an e-mail report to the Seller at email@example.com
specifying in the e-mail text the numeric code of the item or items to be returned and the reason for the return for defective products asking the seller to restore the conformity of the goods by repairing or replacing the product ..
8.3. The Seller will send instructions via e-mail to contact the shipper. The Customer must book the collection, following the instructions provided, no later than 14 days from the communication, via e-mail, of the instructions for contacting the shipper. The return of the defective products to the forwarder in charge exempts the customer from any liability in case of loss or damage to the products during transport.
8.4. All products must be in the state in which they were delivered and keep their identification tag, internal labels and their packaging. The Seller has the right not to accept the return of returned products as they are defective and that do not have the relative tag, internal labels and that have been used in a non-diligent way, damaged, washed or altered in their essential and qualitative characteristics.
8.5. If the complaint of Product defects is exercised following the methods and terms described in this article, the Seller will send the Customer, via e-mail, the relative confirmation of acceptance of the returned products as soon as possible.
8.6. As soon as the Seller receives the package containing the defective products, it will check the disputed defects and send the Customer, via e-mail, the relative confirmation of receipt of the defective products and any confirmation of the defects communicated by e-mail reporting , consequently, the Seller will, at its own expense, repair and / or replace the defective products with others of the same model or, if the repair and / or replacement are impossible or excessively expensive, to reimburse, through
banking procedure, the costs incurred by the customer for the purchase and any costs for shipping and delivery of defective products. The return costs will be borne by the Seller.
9) INFORMATION AND REQUEST FOR CONSENT PURSUANT TO ART. 13 OF THE EUROPEAN REGULATION N. 2016/679 (GDPR)
This information is provided pursuant to art. 13 Legislative Decree 30.06.2003, 196 (“Code regarding the protection of personal data”) and art. 13 of the EU Regulation n. 2016/679 (“European general regulation on the protection of personal data”).
9.1 The MICHELANGELO SRL Company, currently in Via Firenze, 36 Bis 54033 Carrara (MS), in the person of its director and pro-tempore legal representative Dr. STEFANO STORTI, registered with the Massa Carrara Chamber of Commerce under no. 128267 of the Business Register, VAT number: IT 01281970457, as Data Controller (hereinafter, “Owner”), informs pursuant to art. 13, Legislative Decree 30.06.2003, 196 (hereinafter, “Privacy Code”) and art. 13, EU Regulation no. 2016/679 (hereinafter, “GDPR”) that your data will be processed in the manner and for the following purposes:
9.2 OBJECT OF THE TREATMENT
The Data Controller takes care of the protection of your personal data and complies with the applicable legislation on the protection of personal data (Privacy Code and GDPR 12016/679). The personal data released by the Customer are treated confidentially and are transferred to third parties solely on the basis of the provisions of this Policy, or with the consent of the Customer. The personal data provided by the customer will be processed while using the website and / or after registering on the website. In particular, Michelangelo Srl deals with:
- personal, identifying and non-sensitive data (in particular, name, surname, tax code, VAT number, email, telephone number
- subsequently, “personal data” or even “data”) directly provided by the Customer, by registering on the site and / or requesting to use the individual socio-educational and social-assistance services offered;
- data by the Customer not directly provided – and in any case acquired within the limits of the provisions of art. 14, paragraph 5, GDPR – the transmission of which is related to the use of Internet communication protocols (by way of example, access to the page, amount of data transferred, status message after accesses, ID numbers
session, IP addresses, URL addresses, etc.). These data allow to reconstruct the path of your visits to the site.
9.3 PURPOSE OF THE TREATMENT
The Customer’s personal data are processed:
A) without the express consent of the Customer (Article 24, letter a), b), c), Privacy Code and art. 6, lett. b), e), GDPR), for the following purposes:
- register the order and arrange for the conclusion and execution of the contract (also in terms of shipping and billing);
- fulfill the tax obligations deriving from existing relationships;
- fulfill the obligations established by law, by a regulation, by community legislation or by an order of the Authority;
- prevent or discover fraudulent activities or abuses harmful to the website;
- pursue a legitimate interest of the Data Controller or third parties, within the limits and under the conditions set out in art. 6, letter f), GDPR;
- exercise the rights of the Data Controller (by way of example, the right to defense in court).
B) Only with the specific and unequivocal consent of the Customer
(Articles 23 and 130, Privacy Code and Article 7, GDPR), for the following Marketing Purposes:
- send via email newsletters, commercial communications and / or advertising material on products and / or services, different and / or dissimilar to those already purchased, offered by the Data Controller through the use of automated systems (e.g. e-mail, SMS, WhatsApp, app notifications) and traditional systems (eg paper mail). The consent given is revocable at any time by writing to (indicate registered office, pec and email). Consent can be revoked also with reference only to automated contact systems;
- for the communication of the Customer’s data to third parties for marketing purposes: Michelangelo Srl may communicate the Customer’s data to third parties who can process them for sending their commercial communications through the use of automated systems (e.g. e-mail, SMS , WhatsApp messages, app notifications) and traditional systems (e.g. mail
paper). The consent given is revocable at any time by writing to indicate the registered office, pec and email firstname.lastname@example.org Consent can also be revoked with reference only to automated contact systems.
9.4 NATURE OF THE PROVISION OF PERSONAL DATA
The provision of data by the customer for the purposes described in point 9.3, lett. A) has a necessary nature. In the absence of the provision, it is not possible to guarantee the Customer’s registration on the Site, nor the possibility of fulfilling the Customer’s requests. The provision of data for the purposes described in point 9.3, lett. b), on the other hand, is optional. The Customer can therefore decide not to provide any data or revoke the possibility of processing by the Data Controller of data previously provided. In this case, the Customer will no longer receive the newsletters, while he will continue to receive the services offered by Michelangelo Srl and will maintain the right to register on the site.
9.5 METHOD OF TREATMENT
The processing of the Customer’s personal data is carried out by means of the operations indicated in art. 4, Privacy Code and art. 4, no. 2), GDPR and more precisely: collection, registration, organization, conservation,
consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data. The processing of Customer Data will be based on principles of correctness, lawfulness and transparency and may also be carried out through automated methods designed to
store, manage and transmit them and will take place using suitable tools, as far as reason and state of the art is concerned, to guarantee security and confidentiality through the use of suitable procedures that avoid the risk of loss, unauthorized access, illicit use and dissemination .
9.6 DATA CONSERVATION PERIOD
The Data Controller will process the Customer’s personal data for the time necessary to fulfill the aforementioned purposes and for no more than 2 years from the collection of data for Marketing Purposes. After this retention period, the data will be destroyed or made anonymous.
9.7 ACCESS TO DATA
The personal data processed by the Data Controller will not be disseminated, that is, it will not be disclosed to indeterminate subjects, in any possible form, including that of making them available or simple consultation. Instead, they may be communicated to workers who work for the Owner and to some external subjects who
they collaborate with them. In particular, your data may be made accessible to:
A. employees and collaborators of the Data Controller, consultants authorized to manage the site and provide the related services (by way of example: customer services, IT department, etc.), in their capacity as internal managers and / or persons in charge of the processing of personal data and / or System Administrators;
B. third-party companies or other subjects (by way of example only: credit institutions, professional firms, consultants, insurance companies, etc.) who carry out outsourced activities on behalf of the Data Controller, in their capacity as external managers and / or persons in charge of the processing of personal data.
Your data may also be communicated, within the strictly necessary limits, to subjects entitled to access it by virtue of the provisions of the law, regulations, community regulations.
9.8 COMMUNICATION OF DATA
Without the prior consent of the Customer (pursuant to Article 24 letter a), b), d), Privacy Code and art. 6 lett. b), c), GDPR), the Data Controller may communicate the Customer’s data for the purposes indicated to Supervisory Bodies, Judicial Authorities as well as to all other subjects to whom the communication is mandatory by law for the accomplishment of said purposes.
9.9 NAVIGATION DATA
The computer systems and software procedures used to operate the site may acquire, in the course of their normal activity, some personal data whose transmission is implicit in the use of Internet communication protocols. This is information that is not collected to be associated with identified interested parties, but that
by their very nature they could, through processing and association with data held by third parties, allow users to be identified (i.e. parameters relating to the user’s operating system and IT environment). These data are used by the Data Controller for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning and are deleted immediately after processing. These data can also be used to ascertain responsibility in the event of hypothetical computer crimes against the Site.
so that when you return to our Site, you can benefit from a better experience as a user. Web browsers allow you to exercise some control over Cookies through your browser settings. Most browsers allow you to block cookies or block cookies from certain sites. Browsers can also
help you delete cookies when you close your browser. However, he should keep in mind that this could mean that any opt-outs or preferences he has set on the site will be lost. Please consult the technical information relating to your browser for instructions. If you choose to disable the setting of Cookies
or if you refuse to accept a cookie, some parts of the service may not function properly or may be significantly slower.
9.11 RIGHTS OF THE INTERESTED PARTY
In your capacity as an interested party, the Customer has the rights referred to in art. 7, Privacy Code and art. 15, GDPR and precisely:
A) obtain confirmation of the existence or not of personal data concerning you, even if not yet registered, and their communication in an intelligible form;
B) obtain the indication: a) of the origin of personal data; b) of the purposes and methods of the processing; c) the logic applied in case of processing carried out with the aid of electronic tools; d) the identification details of the owner, managers and designated representative pursuant to art. 5, paragraph 2 of the Privacy Code and art. 3, paragraph 1, GDPR; e) 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;
C) obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those which need not be kept for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) 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 is proves impossible or involves the use of means that are manifestly disproportionate to the protected right;
D) object, in whole or in part: a) for legitimate reasons to the processing of personal data concerning you, even if pertinent to the purpose of collection; b) to the processing of personal data concerning you for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication, through the use of automated call systems without the intervention of an operator by email and / or through traditional marketing methods by telephone and / or paper mail.
It should be noted that the data subject’s right to object, set out in point b) above, for direct marketing purposes using automated methods extends to traditional ones and which in any case remains
without prejudice to the possibility for the interested party to exercise the right to object, even if only partially. Therefore, the interested party can decide to receive only communications using traditional methods or only automated communications or neither of the two types of communication.
Where applicable, it also has the rights referred to in Articles. 16 – 21, GDPR (Right of rectification, right to be forgotten, right to limitation of processing, right to data portability, right of opposition), as well as the right of complaint to the Guarantor Authority. The Customer has the right to ask the Owner for access to the Data concerning him, their correction or cancellation, the integration of incomplete Data, the limitation of processing; to receive the Data in a structured format, commonly used and readable by an automatic device; to revoke any consent given in relation to the processing of sensitive data at any time and object in whole or in part to the use of the data; to lodge a complaint with the Authority, as well as to exercise the other rights recognized by the applicable regulations.
You can exercise your rights at any time by sending a registered letter with return receipt to:
with registered office in Via Firenze 36 bis – 54033 CARRARA (MS); an e-mail to the address: email@example.com
10. HOLDER OF THE TREATMENT
The data controller is Michelangelo SRL with registered office in Via Firenze 36bis – 54033
CARRARA (MS) in the person of Storti Stefano.
The updated list of data processors and persons in charge of processing is kept at the headquarters of the Data Controller.
11. APPLICABLE LAW AND JURISDICTION
These general conditions of sale are in their entirety governed by Italian law.
For any dispute arising from the contract and regarding its validity, interpretation, execution, resolution and termination, the following will be competent:
a) the Court of the place of residence or domicile of the Customer-Consumer pursuant to the current Legislative Decree No. 206 of 6 September 2005 (Consumer Code);
b) the Court of Massa Carrara exclusively, in any other case.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the parties specifically approve the clauses referred to in articles:
6 (LIABILITY), 7 (RIGHT OF WITHDRAWAL), 8 (RETURN FOR DEFECTS OR DIFFERENCES OF THE PRODUCTS), 10 (APPLICABLE LAW AND JURISDICTION)