GENERAL TERMS AND CONDITIONS OF SALE – E-COMMERCE
This document provides the general conditions of sale (hereinafter the “General Conditions”) of Italian Mates S.r.l., with registered office in Como, via Alessandro Volta 81, share capital € 10,000, VAT Reg. No. and registration number with the Companies’ Register of Como 03640490136, registered with the R.E.A. of the Chamber of Commerce of Como at no. CO – 325253, firstname.lastname@example.org, certified e-mail address (PEC) email@example.com (hereinafter the “Vendor”), for the on-line sale of dog leashes, collars and harnesses.
1. Purpose and registration on the website
1.1 These General Conditions govern all sales contracts for the purchase of dog leashes, collars and harnesses (hereinafter the “Products” or individually the “Product”) signed between the Vendor and the person submitting a purchase order for the Products (hereinafter the “Purchaser”).
These contracts may be stipulated solely on-line via the service managed by the Vendor, accessible using the e-commerce platform available on the website www.morsoworld.com (hereinafter the “Website”), of which the Vendor is the exclusive owner, which provides the Purchaser with access in order to discover and purchase the Products using the electronic interface (the “Service”).
1.2 All Product purchases made using the Service will be processed by the Vendor acting exclusively in his own name.
1.3 The Purchaser, via any authorised physical person, is bound to carefully read these General Conditions and accept them in advance when he/she intends to use the Service (hereinafter the “Acceptance”).
1.4 The Purchaser is authorised to use the Service only having accepted all applicable laws referring to this contract.
1.5 The Website includes an optional registration service which avoids the User from having to enter his/her personal information every time he/she wishes to proceed with a new purchase via the Service (hereinafter “Registration”).
1.6 The Service is available for both registered and non-registered Purchasers.
1.8 The Purchaser acknowledges that the identification details provided by the latter constitute the validation system for access to the website and purchase orders placed by the user via the Service and the only system suited to identifying the Purchaser, so that the acts performed via such access or purchase order are attributed to him/her and are binding to him/her.
1.9 The Registration requests are in any case subject to approval at the sole discretion of the Vendor.
1.10 The Purchaser shall use a password and an account to complete the Registration process and shall indicate his/her e-mail address and any other details required by the Vendor via the Service.
1.11 The Purchaser is bound to keep the assigned password and account safe and shall be solely responsible for all activities carried out using the password or the account.
1.12 The Purchaser also undertakes to: i) immediately notify the Vendor of any unauthorised use of his/her password or account or any security breaches; ii) ensure that he/she disconnects the account at the end of every session.
1.13 It is understood that under no circumstances the Vendor may be deemed responsible in the case of loss, disclosure, theft or unauthorised use by third parties, for any reason, of the users’ access credentials.
1.14 The personal information provided by the Purchaser in the registration form and/or the purchase order form shall be collected in conformity with and for the expressly indicated purposes defined in the “Privacy” policy published by the Vendor, as indicated in his Website at the link https://www.morsoworld.com/en/terms-and-conditions/.
1.15 The Vendor reserves the right, at his discretion, to change, modify, add or eliminate parts of the conditions of use of the website as well as these General Conditions at any time without notice. In this case, the Vendor will publish the modifications to the terms and conditions of the Service. If the Purchaser continues to use the Service following the application of the modifications to the General Conditions, he/she shall be deemed to accept the modified terms and conditions.
1.16 If at any time the Purchaser’s conduct is deemed not to comply with the General Conditions or is in breach of the applicable statutory provisions, the Vendor reserves the right to cancel and/or immediately block the Purchaser’s access to the Service (or any part thereof) and/or his/her user account.
1.17 The Purchaser undertakes to hold the Vendor harmless of all liability for any block or cancellation of his access or use of the Service.
1.18 The Purchaser undertakes to use the Service only for legitimate purposes and, in particular, without breaching the rights of other users in any way; conduct which, at the discretion of the Vendor, limits or prevents other users from fully using the Service, is also deemed to be unauthorised.
1.19 Registered users may stop using the Service at any time, disabling their account or asking for it to be cancelled via the Website interface, if possible, or directly contacting the Vendor at the e-mail address firstname.lastname@example.org.
2. Users and purchases on the Website
2.1 The purchase of one or more Products via the Website is permitted to users who are consumers or not.
Pursuant to Article 3, paragraph 1 letter a) of D.Lgs. 206/2005 (“Consumer Code”) consumers are physical persons who purchase of Products without any entrepreneurial, commercial or professional purposes.
2.2 Without prejudice to point 2.1 above, it is understood that the Vendor, via the Service, sells his “Products” exclusively to end customers and under no circumstances may purchases be made on the Website by retailers, wholesalers or generally anyone who intends to purchase the Products for subsequent resale.
2.3 Purchase is permitted only the physical persons aged 18 or over.
3. Conclusion of the contract and invoicing
3.1 Unregistered Purchasers who intend to use the Service shall, in the purchase order form, provide all the information requested by the Vendor.
3.2 The sales contract stipulated on the website is deemed to be concluded when the Purchaser receives by e-mail and/or by viewing an interface page on the website, the formal order confirmation by which the Vendor accepts the purchase order sent by the Purchaser via the form and informs that it is possible to proceed with the conclusion of the contract.
3.3 All sales concluded in the methods described in point 3.2 are considered final.
3.4 Until receipt of the order confirmation, the Purchaser has the right to cancel the order by e-mail sent to the Vendor’s certified e-mail address (PEC) email@example.com, as specified in more detail in point 10 concerning the “Right of Withdrawal”.
3.5 The Contract is deemed to be concluded in the place in which the Vendor has his registered office.
3.6 The Vendor reserves the right to refuse an order: i) if the Product is no longer available; ii) if the Vendor does not receives authorisation to charge the cost of the Product to the Purchaser; iii) if at the time of order the price indicated is clearly incorrect and recognisable as such. In this case, the Purchaser will be notified by the Customer Service and will receive a refund for the relative transaction.
3.7 After purchase by the Purchaser in the methods described in point 3.2 the Vendor, at the request of the Purchaser, will send the latter the relative commercial invoice to the e-mail address indicated by the Purchaser in the registration form or in the purchase order form.
3.8 The invoice issued will contain the information provided by the Purchaser who hereby declares and guarantees that such information corresponds to the truth and holds the Vendor harmless of all related consequences.
4.1 The Vendor undertakes to describe and present the Products sold on the Website in the best possible way. Nevertheless there may be errors, imprecisions or slight differences between the Product described on the Website and the actual Product. Moreover, any photographs of the Products shown on the Website are not contractually binding and are merely representative and not binding in any way for the Vendor.
4.2 The Vendor reserves the right to delete one or more Products from the price lists or add new ones, at his sole discretion and without notice.
5.1 The sales prices are those indicated on the Website for each Product.
5.2 The sales prices of the Products include VAT; any other duties and/or shipping costs for the Purchaser’s account will be indicated prior to order confirmation.
5.3 The Products, the Product prices and sales conditions, according to availability, do not constitute any form of public offer; therefore they shall be deemed to be indicative and subject to express confirmation by e-mail or as shown in the order confirmation page by the Vendor, having checked the availability of the chosen Product.
6. Orders and Acceptances
6.1 No order shall be binding unless and until accepted by the Vendor via his own computer system.
6.2 The Purchaser expressly acknowledged the faculty of the Vendor to accept any orders placed only partially (for example if any of the ordered Products are no longer available).
In this case, the contract is deemed to be concluded solely for the products effectively sold.
6.3 The Vendor reserves the right to modify the Product prices and shipping costs at any time.
It is understood that any modifications shall not apply to any contracts concluded prior to the modification.
6.4 The purchase orders will be accepted only where placed by completing and/or submitting the order form on the Website in electronic format and on-line.
6.5 If the Purchaser chooses advance bank transfer as the method of payment, the acceptance of the order is subject to the receipt of the bank transfer by the Vendor.
6.6 In any case, the submission of the purchase order constitutes the acceptance of these General Conditions of sale by the Purchaser, who waives any of his/her own general conditions of purchase considered individually or as a whole.
6.7 It is understood that it is not permitted to breach or attempt to breach the security systems of the Service, damaging the network nodes or network services or limiting, disabling, interrupting or preventing in any other way the ability of the Vendor to monitor or make the Service available.
7. Payment terms
7.1 The payment terms are indicated by the Vendor in a specific page of the Website prior to purchase.
7.2 All payments must be made to the Vendor by Paypal (Paypal account or Paypal cards) or by advance bank transfer or by cash on delivery.
7.3 Payments made via Paypal (Paypal account or Paypal cards) must be received exclusively from the named current accounts of the recipient of the invoice/receipt.
7.4 Concerning payments made via Paypal, the Website uses third party instruments to process the payments and has no contact whatsoever with the payment data provided. Should such third party instruments refuse the payment, the Vendor shall not be able to supply the Products and shall not be liable for any delays or failure to deliver the goods.
7.5 If the Purchaser chooses to pay by bank transfer, after receiving the order the Vendor will provide the customer with the bank details for making the transfer by e-mail. The e-mail will have the following subject: “Confirmation from MORSO® for the order (order date)”.
7.6 Payment of the Products by bank transfer must be made no later than 7 working days from the date of receipt of the “bank detail notification” e-mail. After such date, the contract may be considered terminated pursuant to and by effect of art. 1456 of the Italian Civil Code. If the Vendor chooses to terminate the contract, he shall promptly notify the customer by e-mail.
7.7 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is required to indicate in the bank transfer details: i) the order number; ii) the date of order placement; iii) the name and surname of the person placing the order, if not the holder of the bank account the transfer was made from.
7.8 Customers are also advised to send the bank transfer receipt to the Vendor by e-mail after making the transfer.
7.9 Payments may be made by cash on delivery method (hereinafter, Cash on Delivery) solely for deliveries in Italy. For purchases with cash on delivery, the payment must be made exclusively in cash, EUR currency, directly to the courier making the delivery. The Customer must provide the exact amount indicated in the Purchase Order confirmation. The courier does not normally give change. In any case banker’s cheques, circular cheques or other forms of payment will not be accepted.
7.10 No other sums in addition to the amount agreed in the Purchase Order shall be due by the Customer to the courier at the time of delivery.
7.11 If the Customer does not pay the agreed price for any reason whatsoever, Italian Mates Srl will invite the Customer to pay the balance in writing and shall have the right to charge the Customer interests according to law; in this case, until the Customer has paid the outstanding amounts to Italian Mates Srl, the latter also reserves the right to cancel any subsequent product deliveries, to terminate any outstanding Purchase Orders and to block all purchasing functions on the Website, without any obligation to compensate for further damages.
8. Methods of Delivery
8.1 The Vendor shall deliver the selected and ordered Products to the address indicated by the Purchaser, in the methods described in the previous articles, by courier and/or other trusted shipping agents.
8.2 Delivery will take place in the terms indicated in the Vendor’s order confirmation.
8.3 On receipt of the Products, the Purchaser is required to check that the products delivered conform to the order placed; only thereafter he/she shall proceed to sign the delivery documents, without prejudice to the right of withdrawal provided for in point 10 (“Withdrawal”).
9. Force Majeure
9.1 In any case, the Vendor shall not be liable to the Purchaser for any breach of any clause of these General Conditions and/or the sales contract, if such breach is due to the impossibility or excessive difficulty caused by unforeseeable events that are not attributable to him, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding and other similar events which partially or wholly prevent him from processing the order in the times agreed in the contract.
9.2 The Vendor shall not be liable to the Purchaser, except in the case of wilful misconduct or serious negligence, for disservices or malfunctions linked to the use of the Internet which are beyond its own control or that of its sub-suppliers.
9.3 Without prejudice to the provisions of point 7.3 and despite the Vendor taking the utmost care in the selection of third party service providers, the Vendor shall not be liable to the Purchaser for any damage suffered as a consequence of any disservices or malfunctions linked to this service, or in the event of the theft of or unlawful access to the Purchaser’s data by third parties.
9.4 The Vendor shall not be liable to any party or third party concerning any damage, loss or costs incurred following the failure to perform the contract due to the above causes, and the Purchaser shall have the right only to the refund of any price paid.
10.1 The Purchaser in his/her capacity as consumer who for any reason is not satisfied with the Product purchased has the right to withdraw from the contract, with no penalty and without having to specify the reason within 14 days following the date of delivery of the Product.
10.2 To withdraw from the contact, the Purchaser must contact the Vendor at the e-mail address firstname.lastname@example.org. The Purchaser shall then be informed of the methods for returning the Product.
10.3 In the event of withdrawal, the Vendor shall refund the payments received from the Purchaser and the delivery costs without due delay and in any case no later than 14 days following the day on which the Purchaser notified the Vendor of his/her wish to withdraw from the Contract.
10.4 The refund referred to in point 10.3 will be made in the same methods of payment used by the Purchaser to purchase the products on-line.
10.5 The Purchaser shall return the Products using the shipper chosen by the Vendor, without delay and in any case no later than 14 days following the date on which he/she notified the Vendor of his decision to withdraw from the contract. The costs of returning the goods shall be borne by the Vendor
10.6 The Purchaser is responsible for the integrity of the Products while they are in his/her possession and shall adopt all appropriate measures to keep the Product and do all in his/her power to ensure that the Product is returned in the best possible conditions, including the undamaged original packaging, the instruction manuals, accessories, any separate articles and any other components.
The Product must not have been handled other than to verify the nature, characteristics and operation of the Product.
10.7 The Vendor shall not consider any requests for refund if the Product returned is damaged due to improper use, negligence, damage or physical, aesthetic or surface alterations, tampering or improper maintenance or wear and tear.
10.8 The Purchaser may exercise the right of withdrawal by submitted the form (completed in all parts) annexed to these General Conditions, to the e-mail address email@example.com, prior to the expiry of the withdrawal period.
11. Legal Guarantee of Conformity
11.1 All Products falling within the category of “consumer goods” as governed by art. 128, paragraph 2 of the Consumer Code, sold via the Website are covered by a legal guarantee of conformity as provided for in articles 128-135 of the Consumer Code.
11.2 The legal guarantee of conformity is reserved for consumers. It therefore applies only to users having made purchases on the Website without any entrepreneurial, commercial or professional purposes.
11.3 Products purchased on the Website by persons who are not in a consumer capacity shall be covered by a warranty against defects of the sold goods, for failure to meet the essential promised quality and other guarantees provided by the Civil Code with the relative terms, expiry dates and limitations (articles 1490 and following of the Italian Civil Code).
11.4 Conformity defects arising within 24 months of the date of purchase of the Product must be reported within 2 months following the date of discovery of the defect.
11.5 Unless otherwise proven, it is presumed that the conformity defects discovered within six months following the delivery of the goods already existed on that date, unless such hypothesis is incompatible with the nature of the Product or the nature of the conformity defect. After six months, the Purchaser shall have to provide proof that the damage did not originate from incorrect or improper use of the Product.
11.6 Pursuant to art. 130 of the Consumer Code, in the event of a conformity defect in the Product, the Purchaser has the right to have the goods conformity restored at no cost. For this purpose, the Purchaser may normally choose either the repair or replacement of the Product. The right to choose may not be exercised if the requested remedy is objectively impossible or excessively onerous. Moreover the Purchaser has the right to an appropriate reduction of the price or the termination of the contract, only in one of the following situations: i) repair or replacement is impossible or excessively onerous; ii) the Vendor has not proceeded with repair or replacement within an acceptable time; iii) the repair or replacement caused considerable inconvenience to the consumer.
11.7 If the Purchaser intends to make recourse to the remedies laid own in the legal warranty accompanying the Products, he/she shall contact the Vendor at the e-mail address firstname.lastname@example.org. The Vendor shall promptly reply to the notification of the presumed conformity defect and shall indicate to the Purchaser the specific procedure to follow, also considering the product category of the Product and/or the reported defect.
12. Creative Commons Licence
12.1 The contents and/or materials available on the Website are made available on the basis of the terms of the “Creative Commons Public Licence CC BY-NC 3.0 IT” (hereinafter the “Licence”). The contents and/or materials available on the Website are protected by copyright and other statutory copyright laws (related rights, rights on databases, etc.) and/or other applicable laws. Any use of the contents and/or materials available on the Website which are not authorised pursuant to this Licence and/or other applicable laws is strictly forbidden.
12.2 The Vendor grants the Purchaser the rights listed below on condition that he/she accepts to comply with the terms and conditions of this Licence.
12.3 The Vendor authorises the Purchaser to reproduce, distribute, notify to the public, represent, run, recite, transform the contents and/or materials available on the Website using any means or format but not for commercial purposes, on condition that the paternity is recognised and that the Purchaser provides a link to the licence and indicates whether any modifications have been made. The full licence can be consulted at the following address: https://creativecommons.org/licenses/by-nc/3.0/it/legalcode.
13. Exclusion of the warranty
13.1 The Website is supplied “as is” and “as is available” and the Vendor shall not provide any explicit or implicit guarantee concerning the Website, nor shall he provide any guarantee that the Website can satisfy the needs of the users or will never have any interruption or shall be free of errors, viruses or bugs.
13.2 The Vendor shall endeavour to ensure that the Website is available uninterruptedly, 24 hours a day but shall not in any way be liable if, for any reason, the Website is not accessible and/or operational at any time and for any period. Access to the Website may be suspended temporarily and without notice in the event of a system failure, maintenance, repairs or for reasons beyond the power of the Vendor or due to force majeure.
14. Limitation of liability
14.1 The Purchaser undertakes to hold the Vendor (and any of his associates or subsidiaries, representatives, collaborators, consultants, administrators, agents, licensees, partners and employees) harmless from all obligations and liability, including any legal costs incurred for defence before the courts, due to any damage caused to other users or third parties in relation to the contents uploaded, or the breach of statutory provisions or the terms of these General Conditions. Therefore, the Vendor shall not be liable for:
14.1.1 any losses which are not a direct consequence of the breach of this contract by the Vendor;
14.1.2 damage or losses deriving from the interruption or malfunction of the Website due to force majeure or in any case unexpected or unforeseen events and in any case which are independent of the will and beyond the control of the Vendor including, but not limited to, faults or interruptions to telephone or electrical lines, the Internet and/or any any case other transmission equipment, unavailability of websites, strikes, natural events, viruses and computer attacks, interruption in the delivery of third party products, services or applications;
14.1.3 incorrect or improper use of the Website by the Purchaser or by third parties;
14.1.4 the issue of incorrect fiscal documents due to errors in the data provided by the Purchaser, as the latter is the sole party responsible for correct data entry.
14.2 It is understood that under no circumstances the limit of liability of the Vendor shall be greater than twice the cost paid by the Purchaser for the service used.
15. Connection to third party websites
15.1 The Website may contain links to other third party websites. The Vendor has no content over these and is therefore under no circumstances responsible for the contents of these websites.
15.2 Some of these links could refer to third party websites which provide services via the Website. In these cases, the general conditions for the use of the relative website and the use of the service provided by third parties shall apply to the individual services, for which the Vendor has no liability.
16. Invalidity of individual clauses
16.1 If any provision of these General Conditions is found to be contrary to the law or to morality or public order, it shall not be considered a part of the General Conditions and this shall not affect the remaining provisions which shall continue to be valid to the full extent of the law.
17.1 No waiver by either party of an article in these General Conditions shall be effective unless expressly declared as a waiver and notified by e-mail to the address email@example.com.
18.1 The Vendor reserves the right to modify these General Conditions at any time, providing specific notice on the Website. The Purchaser acknowledges and accepts that any modifications to these General Conditions shall apply to orders sent by purchasers after the date of notification of the modifications to the General Conditions.
20. Applicable law and Jurisdiction
20.1 These General Conditions and all disputes concerning the performance, interpretation and validity of the contract are governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, and shall be referred to the exclusive jurisdiction of the place in which the Vendor has his registered office.
20.2 If the Purchaser is a consumer pursuant to art 3 of the Consumer Code, the sole jurisdiction is that of the place of residence or domicile of the consumer, where located in Italy, without prejudice to the faculty of the Purchaser-consumer to take legal action in a jurisdiction other than that “of the consumer” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria given in articles 18, 19 and 20 of the code of civil procedural law.
21. Resolution of disputes on-line for consumers
21.1 Consumers resident in Europe must be aware of the fact that the European Commission has established an on-line platform providing an alternative tool for the resolution of disputes. This tool can be used by European consumers to settle disputes relating to and/or deriving from contracts of sale for goods and service concluded on the web out of court. Consequently, European consumers may use this platform to settle any disputes arising from the on-line contract concluded with the Vendor. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.
22.1 Pursuant to art. 12 of D.Lgs. 70/2003, the Vendor informs the Purchaser that all orders sent on-line are conserved in digital/paper format on the server at the registered offices of the Vendor according to the criteria of confidentiality and security and may be provided at the request of the Purchaser in electronic format or in hard copy.
23. Provision and Processing of Personal Data
23.1 Italian Legislative Decree (D.Lgs.) no. 196 of 30/06/2003 refers to the protection of persons and other subjects concerning the processing of personal data. Such processing shall be done in accordance with the principles of correctness, honesty, transparency and the protection of your confidentiality and rights.
Pursuant to art. 13 of D.Lgs. 196/2003 with reference to general personal data provided by the Purchaser at the time of registration on the website or when completing the purchase order form, data which is intended for processing, the following information is provides:
23.1.1 processing purposes: registration on the website, subscription to the newsletter service, sending of products selected and purchased in the purchase order, sending of information requested by the Purchaser in particular to manage orders and related shipments, management of requests for information, invoicing, customer service, sending of information/promotional material;
23.1.2 the data is also collected and processed to comply with mandatory accounting, fiscal, commercial and technical requirements linked to the Vendor’s economic activity and the contractual relations leading from this;
23.1.3 processing methods: cryptographic on-line methods, subsequently processed by computer and manually;
23.1.4 data provision: the provision of personal data required at the time of completing the purchase order is mandatory for access to the service, the use of the on-line services and for the signature of the sales contract for the Products purchased on-line on the website. The data must also be provided in order to ensure the regular flow of accounting, fiscal and technical data; your refusal to provide the required data will make it impossible to perform all or part of the contract. The provision of personal data requested at the time of Registration is not mandatory for access to the service, however in doing so the Purchaser will not have to enter his/her personal data when proceeding with a new purchase using this service.
23.1.5 Notification and disclosure: the data may be disclosed by the Vendor to any external parties appointed to perform technical, commercial, fiscal activities, to manage collections and payments deriving from the performance of the contracts and to other parties as required by law.
23.2 The Purchaser may exercise the rights laid down in art. 7 of D.Lgs. 196/2003, as detailed below: i) The Purchaser has the right to obtain confirmation of the existence of his or her personal data, even if it has not yet been recorded, and its communication in an intelligible form; ii) the Purchaser has the right to obtain an indication of: a) the origin of his personal data; b) the purpose(s) of processing and the methods used; c) the logic applied to the processing of his/her personal data using electronic equipment; d) the details of the data controller and data processors and the representative, where designated pursuant to article 5, para 2; e) the parties or categories of parties to which the personal data may be disclosed, or the parties which may have access to the data in their capacity as designated representative or his appointed staff in the national territory; iii) the Purchaser has the right to obtain: a) the updating, correction and/or integration of his/her personal data; b) the deletion, transformation into an anonymous form or suspension of any data processed in violation of the relevant legislation, including those for which conservation is not necessary, relative to the purposes for which the data was collected and later processed; c) the confirmation that the operations referred to in points a) and b) have been notified, also as far as the content is concerned, to those to whom the data was communicated or transmitted, except in those cases in which such notification is impossible or requires the use of means which are manifestly disproportionate to the protected right; iv) the Purchaser has the right to oppose, wholly or partially: a) the processing of his/her personal data for legitimate reasons even where this is pertinent to the purposes for which the data was collected; b) the processing of his/her personal data for the purposes of sending advertising or direct sales materials or for the execution of market research or sales communications.
To exercise such rights, the Purchaser shall contact the Vendor’s Customer Service by e-mail at firstname.lastname@example.org.
23.3 The Data Controller is the company Italian Mates S.r.l., with registered office in Como, via Alessandro Volta 81, share capital € 10,000, VAT Reg. No. and registration number with the Companies’ Register of Como 03640490136, registered with the R.E.A. of the Chamber of Commerce of Como at n. CO – 325253, certified e-mail address (PEC) email@example.com
In completing the registration procedure on the website, or by completing the purchase order form, the Purchaser authorises the processing of his/her personal data provided during such procedures, for all purposes listed above.