GENERAL CONDITIONS OF CONTRACT FOR REMOTE SALES
1) FOREWORD AND CONDITIONS OF SALES CONTRACT
1.1. These general conditions of the online sales contract govern the methods and terms according to which MICHELANGELO S.r.l, having its place of business at Via Firenze, 36 Bis 54033 Carrara (MS), represented by Mr. STEFANO STORTI duly authorized for the purpose hereof, registered at the Chamber of Commerce of Massa Carrara under registration number 128267, VAT number: IT 01281970457 (hereinafter “Supplier“) sells various types of products as well as works of Industrial Design exclusively marked by Michelangelo S.r.l. brand (hereinafter “Products“) through the e-commerce portal www.michelangelo.style (hereinafter “Website“) and regulate the online purchase of the above mentioned Products.
The general conditions of the online sales contract are available on the Website for easy reading by the customer before registration and before purchasing the Products. The general conditions of the online sales contract applicable to the sale of Products are those published on the Website, on the date of the order issuance for the Products. Therefore, the Customer is supposed to read the general conditions at every purchase on the Website. The mere tolerance or failure by Michelangelo S.r.l. to contest any breach of general conditions of contract by the Customer cannot be interpreted as implied acceptance of such breach, nor as a desire to deviate from the agreement in force between the parties.
1.2. As for contracts concluded with consumers, these will benefit from the protections provided for in the event of the conclusion of remote sales contracts pursuant to Part III, Title III, Chapter I, Section II of Legislative Decree dated September 6, 2005 n. 206 of the Consumer Code, as well as all the additional mandatory guarantees 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, definitions are as follows:
“Online sales contract”: any sales contract covering movable tangible goods presented on the Supplier’s Website, put in place by and between the Supplier and the Customer as part of a remote sales system organized through online tools.
“Consumer”: any natural person issuing a purchase order for purposes other than entrepreneurial, commercial, craft or professional.
“Professional”: any natural person or legal entity issuing a purchase order in the exercise of its business, commercial, craft or professional activity.
“Customer”: the person (consumer or professional) issuing the purchase from the website www.michelangelo.style
“Website”: the set of web pages accessible via the url www.michelangelo.style
“Supplier”: the company MICHELANGELO S.r.l., having its place of business at Via Firenze, 36 Bis 54033 Carrara (MS), represented by Mr. STEFANO STORTI duly authorized for the purpose hereof, registered at the Chamber of Commerce of Massa Carrara under registration number 128267, VAT number: IT 01281970457 as provider of the electronic commerce service, through the portal www.michelangelo.style
“Purchase Order”: proposal concerning the purchase of one or more Products, drafted by the Customer in favor of the Supplier by placing the order and simultaneous payment.
2) ACCEPTANCE OF GENERAL CONDITIONS OF SALE
2.1. General conditions of contract are an integral part of any Purchase Order and executed sales contract of Products.
2.2. The Customer, during registration and Purchase Order issuance phase, expressly declares to have read, understood and accepted the general conditions of the sales contract and the additional information contained on the Website including privacy, as well as to be an adult with legal capacity to act.
3) METHOD OF CONCLUSION OF THE SALES CONTRACT
3.1 The Customer can purchase the products as shown in the informative sheets and / or catalogs available on the Website. The informative sheet allows a better view of the good along with front / back / detailed pictures and zoom, short description of the product, the good code, the composition, the price… Before shipping the ordered product, Michelangelo S.r.l. will send to the Customer by e-mail some pictures of the actual item that better highlight peculiarities of the ordered product (by way of example only: general aesthetic features of the product, characteristics, background color, type of veins present in marble, such as finishing touches, quality of the finish, type of marble and / or other used material). After 24 hours from dispatch of the photographic material, Michelangelo S.r.l. will proceed with the shipment of the ordered products.
From the informative sheet the customer can add the product to the shopping cart (“Add to cart”) selecting quantity. From the shopping cart the customer can amend quantity and remove selected items.
The shopping cart will not be saved to be viewed in the future up to the end of registration procedure.
3.2 In order to proceed with a purchase order the customer shall be registered in the Website and shall have communicated all data required during the registration procedure – given and family name / company name, job, e-mail address, phone number, shipping address and invoice details if any – providing consent to the processing of the same for intended purposes.
The customer is the unique responsible of data accuracy and correctness of information submitted to the supplier during the registration phase through the Website and commits to timely communicate any possible information of inserted data.
Upon completion of registration, the supplier will confirm by email the successful registration.
3.3. Once registered, the customer will be able to select one or more products to buy, adding the same to the online shopping cart, whose content can always be viewed in the so called “summary of the shopping cart” section, with specific indication of total value and quantity, before proceeding with issuance of the order. Registration can also been performed after choice of the product to buy.
3.4. At any time before submission of the order the Customer will be able to exclude products previously selected clicking on “delete” or on “previous” or to add other products clicking on “continue shopping”.
3.5. Once products to buy have been selected and added to the shopping cart, the Customer will be required to confirm the address indicated at login or registration for delivery of the products and invoice purposes and thereafter to choose a shipment option.
3.6. The order form is inclusive of summary of information relevant to essential features of each ordered product along with its price (with indication of all taxes and duties applicable hereto), chosen method of payment, terms of delivery, shipment and delivery costs: before submission of the order, the Customer shall carefully read its content, review and correct errors made during data insertion if any.
3.7. After the above mentioned steps (“address” and “delivery” sections) the Customer shall declare, flagging section dedicated to “conferma condizioni generali di vendita”, acceptance of general conditions of sale that can be downloaded and read following relevant link.
3.8. Then the Customer will be able to choose the method of payment among those mentioned therein and proceed with payment.
3.9. Clicking on so called button “complete order” at the end of procedure, the Customer will submit the order. Every order submitted according to such process shall be considered as contractual proposal by the Customer. Submission of the order implies obligation of payment.
3.10. All purchase orders of products are subject to availability of the same and therefore to confirmation by Michelangelo S.r.l. which will communicate said availability sending to the Customer an email confirmation of shipment. By means of said email the supplier will also communicate acceptance of the order to the Customer as well as a detailed recap of information relevant to the same.
3.11. In case of missed execution of the order due to unavailability of one of the ordered products, Michelangelo S.r.l. will inform the Customer accordingly by means of email and will require the Customer to confirm the purchase of the remaining available products under the order. In any case, the unavailability of one or more ordered products will not automatically entitle the Customer to cancel the entire order.
4) PRICE AND SHIPMENT COSTS
4.1. Prices of products are shown on the Website at time of issuance of the order and, if not otherwise stated, are inclusive of VAT. Shipment and delivery costs shall be in addition to said prices and are put in evidence and summarized before issuance of the order and thereafter also in the order confirmation.
4.2. Total price for the purchase of products plus shipment costs, as indicated in the order, will be charged to the Customer when payment is made.
4.3. The seller/supplier reserves the right to amend at any time the prices of products on the Website. Prices’ amendments will not be effective towards Customers having already submitted an order.
5) DELIVERY TERMS OF PRODUCTS
5.1. The Seller will deliver selected and ordered products according to the mode of shipment chosen under the purchase order, to the address indicated by the customer.
5.2. Michelangelo S.r.l. shall not be held liable for errors during delivery due to inaccuracy and incompleteness in order filing or in case the Customer cannot be found.
5.3. Delivery shall be subject to payment by the Customer of the price of products and shipment costs.
5.4. Upon delivery of products to the Customer by the courier in charge of transport, the Customer shall verify: a) that quantity and type of ordered products are aligned with bill of lading content; b) that packing for transport is intact, not damaged, wet or somehow altered, even just in latch materials. Non–conformities if any shall be claimed immediately to the courier upon receipt of products, through mention of the same in the bill of lading. In order to smoothen and follow up on the inspection process of non-conformities if any by the Supplier, The Customer can send a written notice to the email address email@example.com
6.1. The Seller is not liable for any disruptions or missed or delayed delivery due to fortuitous event or force majeure, such as but not limited to strikes, provisions by the Public Authority, rationing or shortage of energy or raw materials, transportation difficulties, fire, flood, damages to industrial machines out of seller’s control and any other event whose causes are not attributable to the seller even though not expressly set forth herein.
6.2. The Seller shall not be held liable toward the Customer for disruptions and malfunctioning linked to the use of internet out of its control.
6.3. Loss of product for cause not attributable to the Seller does not relieve the professional from carrying out its contractual obligations, even if the product has not been delivered.
6.4. In case of contract put in place with a consumer the risk of loss or damage to the goods, for cause not attributable to the Seller, passes to the consumer when the latter comes into material possession of the goods.
6.5. The Seller is not liable for any fraudulent or illegal use by third parties of credit cards, checks and other method of payment at the time when the payment of the ordered products is made.
7) RIGHT OF TERMINATION FOR CONVENIENCE
7.1. The Customer can terminate for convenience the contract put in place with Michelangelo S.r.l. without a reason and without the application of penalties, within 14 days from receipt, or from pick up at the store, of products purchased on the Website, provided that returned products are intact, equipped with their own package, tags and original labels as better described under art. 8.4 below.
7.2. If willing to terminate the contract for convenience as per this art. 7, the Customer shall: send a written notice to the email address firstname.lastname@example.org, attaching the shipment conformation sent by the Seller and specifying in the body of the email the numerical code of the item or items to be returned (hereinafter “Returned Products”);
7.3. In case of termination for convenience, even partial, return of products shall be made in single solution. The Customer shall return goods and deliver the same to the Seller, without undue delay, within 14 days from submission of the written notice to the Seller with which has communicated by email its decision to terminate the contract.
7.4. Goods shall be in the same condition as delivered and keep their identification tag, internal labels, and package.
In case of termination for convenience by the Customer, Michelangelo S.r.l. has the right to reject returned products without relevant tag, internal labels and that have been used, damaged, washed or altered in their essential and qualitative features.
7.5. In case of termination for convenience by the Customer, Michelangelo S.r.l. has the right to reject returned products without relevant tag, internal labels and that have been used, damaged, washed or altered in their essential and qualitative features.
7.6. In any case, cash on delivery method of return is not allowed.
8) RETURN FOR NON-CONFORMITIES OF PRODUCTS
8.1. With regard to products purchased by the Customer, the Seller offers guarantee of conformity to the conditions and in terms provided for by the applicable law. In particular, rights arising out of said guarantee can be exercised provided that products are properly used, with due diligence and according to the mode of use and as further stated in guidelines attached thereto, subject to prior submission by the Customer of the bill of lading received with said products along with mention of respective order number.
8.2. In case of defective or non-conforming products (hereinafter “Defective Products”), the Customer within 2 (two) months from discovery of the claimed defect of the product, shall notify the claim in writing to the Seller sending an email to email@example.com detailing in the body of the email the numerical code of the item to be returned and the reason of return for defective products requiring the Seller to remedy the non-conformity of the good through repair or replace of the product.
8.3. The Seller will send instructions via email to contact the courier. The Customer shall book the pick-up, following the received instructions, within 14 days from receipt of the communication via email of the instructions to contact the courier. The delivery of defective products to the courier in charge of transport, relieves the Customer from any liabilities in case of loss or damage to products during transportation.
8.4. All products shall be in the same condition as delivered and keep their identification tag, internal labels, and package. The Seller has the right to reject returned defective products without relevant tag, internal labels and that have been used without diligence, damaged, washed or altered in their essential and qualitative features.
8.5. If products non-conformity is notified according to art. 8.4 above, the Seller will send as soon as possible to the Customer via email relevant confirmation of acceptance of returned products.
8.6. Upon receipt of the package containing returned products, the Seller will inspect the claimed defects and will send via email to the Customer relevant confirmation of receipt of defective products as well as acknowledgement if any on defects communicated with email notification, thereafter the Seller will at its costs repair and/or replace defective products with others of the same model or, if repair and/or replacement are impossible or excessively onerous, the Seller will reimburse, by means of banking procedure, the expenses borne by the Customer for the purchase and the expenses for shipment and delivery of defective products if any. Expenses for the return will be borne by the Seller.
9) NOTICE AND CONSENT REQUEST PURSUANT TO ART. 13 OF REGULATION (EU) N. 2016/679 (GDPR)
The present notice is given pursuant to art. 13 of D. Lgs. 30.06.2003 n. 196 (“Personal Data Protection Code”) and art. 13 of Regulation (EU) n. 2016/679 (“General Data Protection Regulation”).
9.1 The company Michelangelo S.r.l., having its place of business at Via Firenze, 36 Bis 54033 Carrara (MS), in person of its legal representative by Mr. STEFANO STORTI duly authorized for the purpose hereof, registered at the Chamber of Commerce of Massa Carrara under registration number 128267, VAT number: IT 01281970457, as controller (hereinafter “Controller”) informs pursuant to art. 13 of D. Lgs. 30.06.2003 n. 196 (hereinafter “Privacy Code”) and art. 13 of Regulation (EU) n. 2016/679 (hereinafter “GDPR”) that your data will be processed according to methods and for the purposes stated below:
9.2 SUBJECT OF DATA PROCESSING
The Controller oversees your personal data protection and complies with applicable laws on personal data protection (Privacy Code and GDPR 2016/679). Personal data collected from the Customer are processed with confidentiality and are transferred to third parties only in compliance with this Policy, and with Customer’s consent. Personal data collected from the Customer will be processed during the use of the Website and/or after registration to the Website.
In particular Michelangelo S.r.l. processes:
- Identifier and not sensitive personal data such as first name, last name, fiscal code, VAT, email and phone number (hereinafter “Personal Data” or “Data”), directly collected from the Customer, with registration to the Website and/or request to avail yourself of offered single social-educational and social-aid services;
- Data not directly collected from the Customer – and in any case collected according to art. 14, comma 5, GDPR – whose transmission is linked to the use of internet communication protocols (for example, access to the web page, quantity of transferred data, message of status to occurred accesses, session ID numbers, IP addresses, URL addresses, etc.). Said data permit to recreate the path of your visits to the Website.
9.3 PURPOSES OF DATA PROCESSING
Personal data of the Customer are processed:
A) Without Customer’s express consent (art. 24 letters a), b), c) of the Privacy Code and art. 6 letters b), e) of the GDPR) for the following purposes:
- Register the order and conclude and execute the contract (also in terms of shipment and invoicing);
- Comply with fiscal obligations arising out of the business relationship in place;
- Comply with obligations stated by the law, a regulation, the EU legislation, or an order of the Authority;
- Prevent or discover fraudulent activities or prejudicial abuses of the Website;
- Prosecute a legitimate interest of the Controller of data process or third parties, within the limits and according to conditions set forth in art. 6 letter f) of GDPR;
- Exercise Controller’s rights (for example, defence right before court).
B) Only upon prior specific and unequivocal consent of the Customer (art. 23 and 130 of the Privacy Code and art. 7 of the GDPR), for the following marketing purposes:
- Send via email newsletter, commercial communications and/or advertising material on products and/or services, different and/or dissimilar from those already purchased, offered by the Controller through automated systems (such as email, SMS, WhatsApp messages, app notifications) and traditional systems (such as paper mail). Said consent can be revoked also with regard to automated contact systems only.
- For the communication of data of the Customer to third parties for marketing purposes: Michelangelo S.r.l. may communicated data of the Customer to third parties who may process the same to send its own commercial communications through automated systems (such as email, SMS, WhatsApp messages, app notifications) and traditional systems (such as paper mail). Consent so given can be revoked at any time sending a certified mail to firstname.lastname@example.org . Said consent can be revoked also with regard to automated contact systems only.
9.4 NATURE OF PROVISION OF PERSONAL DATA
Data provision from the Customer for the purposes described under art. 9.3 letter A) is necessary. In the absence of said provision, registration to the Website as well as execution of requests from the Customer cannot be guaranteed.
Data provision from the Customer for the purposes described under art. 9.3 letter B) is optional. Therefore the Customer may decide not to provide any data or revoke the possibility granted to the Controller to process data previously provided. In such case, the Customer will no longer receive newsletter, however will continue to receive services offered by Michelangelo S.r.l. and will keep the right of registration to the Website.
9.5 METHOD OF DATA PROCESSING
Personal data of the Customer are processed through operations set forth in art. 4 of the Privacy Code and art. 4 n. 2) of the GDPR, namely: collection, registration, organization, conservation, consultation, processing, rectification, selection, extraction, comparison, use, interconnection, lock, communication, cancellation and erasure of data. Processing of customer’s data will take place under principles of correctness, lawfulness and transparency and may be made with automated methods aimed at filing, handling and transmitting the same and will occur by means of tools that, in light of technical status, guarantee security and confidentiality through the use of suitable procedures to prevent the risk of loss, unauthorized access, illicit use and disclosure.
9.6 PERIOD OF DATA RETENTION
The Controller will process personal data of the Customer throughout the time period needed to fulfil the above mentioned purposes and not exceeding 2 years as of data collection in case of marketing purposes. Once such retention term has elapsed, data will be destroyed and made anonymous.
9.7 ACCESS TO DATA
Personal data processed by the Controller will not be disclosed, or rather will not be divulged to undetermined entities, in any possible form, including availability for use or simple view. However, they may be communicated to employees of the Controller and to some external consultants. In particular, your data may be made accessible to:
A. Employees and partners of the Controller, consultants authorized to handle the Website and provide relevant services (for example, customer service, IT department, etc.), as internal managers and/or processors of personal data and/or system administrators;
B. Third parties or other entities (for example, credit institutions, professional firms, consultants, insurance companies, etc.) executing outsourcing activities on behalf of the Controller, as external managers and/or processors of personal data.
Your data may be communicated as necessary to entities entitled to access the same pursuant to legislative orders, regulations, EU laws.
9.8 DATA COMMUNICATION
Without prior consent of the Customer (art. 24 letters a), b), d) of the Privacy Code and art. 6 letters b), c) of GDPR), the Controller may communicate Customer’s data for the purposes indicated to security organizations, judicial authorities as well as to all those other entities to whom communication is mandatory by law to fulfil such purposes.
9.9 WEB SURFING DATA
IT systems and software procedures suitable for the Website functioning may acquire, throughout its regular activity, some personal data whose transmission is implies in the use of Internet communication protocols. Those information are not collected to be associated to identified interested parties, but for their own nature may, by means of processing and associations with data owned by third parties, permit to identify the users (i.e. parameters relevant to operative system and to the IT framework of the user). Such data are used by the Controller for the only purpose to get anonymous statistical information on the use of the Website and to control the correct functioning of the same and are immediately erased after processing. Such data may also be used for the liability ascertainment in case of potential IT crimes damaging the Website.
9.11 RIGHTS OF THE INTERESTED PARTY
As interested party, the Customer has rights pursuant to art. 7 of the Privacy Code and art. 15 of GDPR, namely:
A) Obtain confirmation of the existence or non-existence of personal data concerning the Customer, even if not registered yet, and their communication in intelligible form;
B) Obtain indication: a) of the origin of personal data; b) of purposes and methods of data processing; c) of the logic applied in case of data processing made with use of electronic tools; d) of identification information relevant to the controller, managers and representative appointed pursuant to art. 5, comma 2, of the Privacy Code and art. 3, comma 1, of the GDPR; e) of individuals and classes of individuals to whom personal data may be communicated or may be aware of as representative appointed in the territory of the State, responsible or designated;
C) Obtain: a) the update, correction or, when there’s an interest to do so, integration of data; b) the cancellation, transformation in anonymous form or block of data processed in violation of the law, including those whose retention is not necessary with regard to the purposes for which data have been collected and thereafter processed; c) declaration that operations under letters a) and b) have been made known, also with regard to their content, to those whom data have been communicated and divulged to, except in case such fulfilment is impossible or requires an excessive use of tools compared to the protected right;
D) Object, in whole or in part: a) for legitimate reasons to personal data processing concerning the Customer, even if inherent to the scope of collection; b) to personal data processing concerning the Customer for purposes of sending advertising material or of direct sale or for the fulfilment of market researches or of commercial communication, through the use of automated systems of call without intervention of an operator by email and/or traditional marketing methods by phone and/or paper mail. It is hereby understood that the right to oppose of the interested party, described under point b) above, for the purposes of direct marketing through automated methods extends to the traditional ones and that in any case the interested party can still exercise its right to object even only in part. Therefore, the interested party can decide to receive exclusively communications through traditional methods or exclusively automated communications or none of the above mentioned types of communication.
Whenever applicable, the Customer also has the rights pursuant to art. from 16 through 21 of the GDPR (right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object), as well as the right of claim to the Data Protection Authority.
The Customer has the right to ask the Controller the access to data concerning him or her, their rectification or cancellation, integration of incomplete data, restriction of processing; to receive data in a structured format, of common use and readable from automatic device; to revoke consent potentially given with regard to sensitive data processing at any time and object in whole or in part to the use of data; to submit a claim to the Data Protection Authority and to exercise any other rights he or she may have under the applicable law.
The Customer may at any time exercise his or her rights sending:
a registered mail to: Michelangelo SRL having its place of business at Via Firenze 36bis – 54033 CARRARA (MS); an email to: email@example.com
10. CONTROLLER OF DATA PROCESSING
Controller of data processing is Michelangelo SRL having its place of business at Via Firenze 36bis – 54033 CARRARA (MS) in person of Storti Stefano.
Updated list of persons in charge of or appointed to data processing is kept at the place of business of controller of data processing.
11. APPLICABLE LAW AND DISPUTE RESOLUTION
The present general conditions of sale are governed by the Italian law.
Any dispute deriving from the contract and concerning its validity, interpretation, execution, termination for cause and for convenience shall be solved before:
a) Court of place of residency or domicile of the Customer-Consumer pursuant to Italian legislative decree dated September 6, 2005 n. 206 in force (Consumption Code);
b) Court of Massa Carrara exclusively in any other case.
Pursuant to and for the effects of art. 1341 and 1342 of the Italian Civil Code, the parties specifically approve contractual provisions set forth under following articles:
6 (LIABILITIES), 7 (RIGHT OF TERMINATION FOR CONVENIENCE), 8 (RETURN FOR NON-CONFORMITIES OF PRODUCTS), 11 (APPLICABLE LAW AND DISPUTE RESOLUTION)