These conditions are only valid between the Colombo Mario snc company, with registered office in Via Silvio Pellico 10, P. IVA 02513430963, hereinafter referred to as “COLOMBO MARIO” and any person making online purchases on the website www.colombomario.net, hereinafter referred to as “CUSTOMER”. These conditions can be modified and the publication date on the site is equivalent to the date of entry into force.
The present conditions govern purchases made on the website www.colombomario.net, accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, D.lgs. 206/2005, modified by D.lgs. 21/2014 and by D.lgs. 70/2003 in regarding electronic commerce.
ARTICLE 1 – Object of the contract
With these general conditions of sale, COLOMBO MARIO sells and CUSTOMER buys to remotely movable tangible property indicated and offered for sale on the website www.colombomario.net. The contract concludes exclusively through the Internet, by accessing the CUSTOMER at www.colombomario.net and implementation of a purchase order in accordance with the procedure provided by the site itself.
The customer agrees to inspect prior to confirmation of order, the present general conditions of sale, in particular the pre-contractual information provided by COLOMBO MARIO and accept them.
The protection of privacy will be subject to the “privacy” law ex D.lgs. 196/2003; the CUSTOMER will have to read the “privacy” law on the website and consent to the processing of data to proceed in the order.
ARTICLE 2 – Pre-contractual information for consumers and for merchants – art. 49 by D.lgs. 206/2005
The CUSTOMER, with the execution of the order, declares to have read and accepted all the terms and conditions of sale and payment specified therein, as well as claims to have carefully and entirely read the “Privacy”, well know the content and to have consented to the processing of data; with the sending of purchase order, the CUSTOMER therefore unconditionally accepts and agrees to observe in full, together with the mode of payment.
The CUSTOMER agrees and undertakes, once the purchase procedure, to print and keep these General Conditions of Sale, in compliance with articles 52 e 53 by D.lgs. 206/2005.
For purchases made by Customers that are merchants, wholesale, dealer, professionals and who buy for personal use, the purchases will be governed by the Civil Code and will not apply the right of withdrawal provided by the Consumer Code.
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of items that are shown in the catalog at the moment of choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed regarding:
– total price of items inclusive of taxes, with the details of shipping costs and any other costs;
– payment methods;
– the deadline by which COLOMBO MARIO undertakes to deliver the merchandise;
– terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as type of withdrawal in annex I, part B by D.lgs. 21/2014;
– information that the CUSTOMER will have to support the cost of returning items in case of withdrawal;
– conditions of after-sales service and commercial guarantees provided by COLOMBO MARIO.
The CUSTOMER may at any time and in any case before the contract is concluded, take note of information about COLOMBO MARIO, geographical address, telephone and fax number, e-mail address, information that is contained, even below:
COLOMBO MARIO SNC – Via Silvio Pellico 10, 20841 Carate Brianza MB – Tel.: +39 0362 903 624 – Fax: +39 0362 992 058 – Cel.: +39 348 471 5843 – firstname.lastname@example.org
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by COLOMBO MARIO to the CUSTOMER an order confirmation e-mail. The e-mail contains the CUSTOMER data and the order number, the price of merchandise purchased, shipping costs and delivery address to which the merchandise will be sent.
The CUSTOMER agrees to verify the correctness of the personal data it contains, and to promptly notify corrections at COLOMBO MARIO.
COLOMBO MARIO is committed to describe and present the items sold on the website as well as possible. Nevertheless, some may result from errors, inaccuracies or small differences between the website and the actual product. In addition, of the products featured on www.colombomario.net do not constitute part of a contract, as only representative.
COLOMBO MARIO undertakes to deliver the merchandise within 30 days commencing from sending COLOMBO MARIO of order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – Product availability
The availability of the products refers to the actual availability at the moment when the CUSTOMER places the order. This availability must still be deemed to be indicative because, owing to the simultaneous presence of multiple users on the website, products could be sold to other CUSTOMERS before confirming the order.
Also see after-order confirmation e-mail sent by COLOMBO MARIO, there may be cases of partial or total unavailability of the merchandise. In this case, the order will be automatically adjusted with the elimination of the product unavailable and the CUSTOMER will be notified immediately via e-mail.
If the CUSTOMER requires the cancellation of the order, resolving the contract, COLOMBO MARIO refund the amount paid within 14 days from the day when COLOMBO MARIO has knowledge of the customer’s decision to terminate the contract.
ARTICLE 5 – Payment methods
Each payment by the CUSTOMER can only be done in cash into place, in cash on delivery or via Paypal.
In case of payment with Paypal, the actual amount will be charged at the time of transmission of order confirmation e-mail by COLOMBO MARIO.
Communications relating to the payment and data provided by the CUSTOMER when this is done occur on special protected lines.
ARTICLE 6 – Prices
All selling prices of the products indicated on website www.colombomario.net are in Euro and include IVA.
The shipping costs are not included in the purchase price, but they are indicated and calculated at the conclusion of the buying process before payment.
The CUSTOMER accepts the right of COLOMBO MARIO to modify its prices at any time, however the merchandise will be invoiced based on the prices listed on the website at the time the order is created and shown in confirmation e-mail sent by COLOMBO MARIO to the CUSTOMER.
In the event of a computer, manual, technical error or of any other nature that may lead to a substantial change, not foreseen by COLOMBO MARIO, the retail price, which makes it unreasonable or clearly insignificant, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 – Right of withdrawal
Accordance with the legal provisions in force, if the CUSTOMER is a consumer (that is a person who buys merchandise for purposes not related to his business or professional activity), is entitled to withdraw from the purchase without penalty and without giving any reason, within 14 days from the date of receiving the products.
The CUSTOMER who intends to exercise the right of withdrawal must notify COLOMBO MARIO through explicit declaration, which can be sent via registered letter.
In case of exercising the right of withdrawal, the CUSTOMER is obliged to return the items within 14 days from the day on which he communicate to COLOMBO MARIO its willingness to withdraw from the contract pursuant to art. 57 by D.lgs. 206/2005.
The merchandise must be sent to COLOMBO MARIO SNC – Via Silvio Pellico 10, 20841 Carate Brianza MB.
The direct cost of returning the product are paid by the CUSTOMER.
The merchandise must be returned intact in its original packaging, complete in all its parts and the attached tax records. Without prejudice to the right to verify compliance with the above, COLOMBO MARIO will refund the amount of products covered by the withdrawal within a maximum period of 14 days, including any shipping costs.
According to art. 56 paragraph 3 by D.lgs. 206/2005, changed by D.lgs. 21/2014, COLOMBO MARIO may suspend redemption until receipt of items or until demonstration took place by the CUSTOMER of having sent back the items to COLOMBO MARIO.
COLOMBO MARIO perform reimbursement using the same payment method chosen by the CUSTOMER during the purchase.
ARTICLE 8 – Legal compliance warranty – Merchandise and repayments made
COLOMBO MARIO recognizes the possibility to return the merchandise within THREE days from delivery, through distortion of the same with respect to the order and/or product defects.
For redemption will need to make contact COLOMBO MARIO via e-mail email@example.com or by sending a fax to +39 0362 992058.
The notice shall specify the deviations and/or defects discovered, which products will be refunded, the date of purchase and the procedures for re-credit choices.
Over THREE days from delivery will not be accepted requests of redemption.
The product, with everything in origin content, will be packed with original boxes (plastic wrap, tags, …), so as to safeguard them from damage and sent to COLOMBO MARIO SNC – Via Silvio Pellico 10, 20841 Carate Brianza MB.
Without prejudice to the right to verify compliance with the above, reimbursement shall be by bank transfer or cancellation on the credit card, within 14 working days of receipt of merchandise.
ARTICLE 9 – Commercial guarantee
All products presented on the website www.colombomario.net benefit from the legal guarantee of conformity referred to in the previous article.
To use the warranty, the CUSTOMER must keep the invoice that can be printed by accessing the “My orders” in “My account”.
ARTICLE 10 – Delivery methods
COLOMBO MARIO will accept only orders to be delivered in Italian territory. The products will be delivered by courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of order confirmation e-mail sent by COLOMBO MARIO.
For every order placed on the website www.colombomario.net, COLOMBO MARIO issues the invoice for the merchandise shipped. The invoice is available and printable, then process the order, in section “My orders” in “My account” of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in the same.
ARTICLE 11 – Responsibility
COLOMBO MARIO assumes no responsibility for inefficiency caused by force majeure or unforeseeable circumstances, even if employees from malfunctions and inefficiency of the Internet, if it is unable to execute the order within the time stipulated in the contract.
ARTICLE 12 – Access to the website
The CUSTOMER has the right to access the website for inspection and acquisition of purchases. Any other use is not allowed, in particular commercial, of the website or its content. The integrity of the elements of this website, that are sound or visual, and its technology used remain the property of COLOMBO MARIO and are protected by intellectual property law.
ARTICLE 13 – Cookies
The website www.colombomario.net uses “cookies”. Cookies are electronic files that record information about the navigation of the CUSTOMER on the website (page views, date and time of consultation, etc…) and that allow COLOMBO MARIO to offer a personalized service to its customers.
COLOMBO MARIO notify the Customer of the ability to disable the creation of such files, logging into your Internet configuration menu. It is understood that this will prevent the Customer to purchase online.
ARTICLE 14 – Wholeness
These Conditions of Sale are made up of the totality of the clauses that compose them. If one or more provisions of these Conditions of Sale is deemed invalid or declared as such under the law, of regulation or following a decision by a court of competent jurisdiction, the other provisions remain in full force and effect.
ARTICLE 15 – Jurisdiction
The sales contract is governed by Italian law.
Any controversy which is not friendly solution will be subject to the exclusive jurisdiction of the Forum of residence place or domicile of the CUSTOMER “Consumer”, if located in the Italian territory.
If the CUSTOMER is not a “Consumer” will be dealt with exclusively by the Court of Monza Forum.
In any case, you can optionally use the mediation procedures by D.lgs. 28/2010, for the resolution of any disputes that arise in the interpretation and execution of these terms of sale.
ARTICLE 16 – Privacy
In accordance the law on protection of personal data, D.lgs. 196/2003, COLOMBO MARIO is the owner of the Customer data and all the information regarding the use of personal data of the same are summarized in the Privacy notice to accept before continuing the order document. In particular:
Purposes of the processing.
– Commercial, promotional and/or sales purpose to identify the potential specific customers for each product and service (ex. internal statistics, satisfaction statistics, preliminary information acquisitions for the conclusion of a contract or the provision of a service, etc.);
– Research whose purpose is to assess the degree of satisfaction of the CUSTOMER (ex. research on service quality);
– Fulfillment of obligations under the law, regulations or legislation.
Methods and location of processing.
– The treatment is carried out by personnel specifically designated, by letter, telephone, telefax, and, through computer automated systems; the same place at the offices of COLOMBO MARIO data controller and it is followed by appointed, with logic strictly related to the above and, in any case, so as to ensure the security and confidentiality of data (with particular regard to the case the use of distance communication).
– The personal data collected by COLOMBO MARIO will be communicated and/or handled by people we trust, who, for the purposes indicated above, perform operational, technical and organizational tasks. Personal data provided by the CUSTOMER are used only to perform the service or provision requested by the same; they are not disclosed to third parties, unless disclosure is required by law or is directly needed for the formalities required.
– The credit card processed via phone/fax/e-mail are elaborated by Paypal secure server and data immediately deleted.
Rights of interested parties.
It is subject to the customer’s right to exercise specific rights. The CUSTOMER may obtain:
– confirmation as to whether the existence of data concerning him, even if not yet registered;
– informations about origin of personal data, purposes and methods of treatment, and the logic applied in case of processing with the aid of electronic instruments;
– indication of the identity of the Owner and the Manager, and the persons or categories of persons to whom the personal data may be communicated or who can learn about them;
– cancellation, transformation into anonymous form or blocking of data processed unlawfully, as well as updating, rectification or, when interested, integration of data unless it proves impossible or involves the use of means disproportionate.
The CUSTOMER can, also, oppose, for legitimate reasons, to the processing of personal data, pertinent for collection purposes. The same may also object to the processing of personal data for the sending of advertising material or otherwise, aimed at carrying out market research and commercial communication.