Terms and Conditions of sale
CONTRACT OF SALE
1. SELLER’S DATA. ALBA RESIDENCE S.r.l. (Tax code/VAT no. IT03150390049) – registration number with the Companies’ Register of…), with registered office in Alba – Zip code 12051 – viale Masera 26, telephone no. 3316606022 email INFO@ALBARESIDENCE.IT hereby states that it is possible to purchase, through the website WWW.ALBARESIDENCE.IT the products and services described therein.
2. GENERAL NOTES. This Contract (which may be downloaded in Italian and in English), applies solely to the distance selling via the Internet of the products and services offered on the Website, which contains the button for the placing of the order. The Seller shall be responsible for constantly updating the Website and its contents. In the event of changes to this Contract, the contractual provisions published on the Website at the time of placing the order shall apply to the purchase order placed by the Purchaser. The Website provides the information prescribed by the Italian Consumer Code (Italian Legislative Decree no. 206/2005) on the characteristics of all services and products and their packaging (Article 6), delivery/execution times of each of them, as well as for so-called distance contracts (Article 48 ff.). This information is made available and may be downloaded in both Italian and English. The Purchaser’s consultation of the Website enables him/her to become aware of the information published on it and entails his/her consent to the use of the digital format for all deeds or documents relating to the purchase and sale of goods and the provision of services offered, without the need for any paper copy.
3. OFFER TO THE PUBLIC AND THE PURCHASER’S ORDER. The products and services with their prices, as offered on the Website, are offered to the public, in accordance with the terms specified in the Contract and on the Website itself. The contractual provisions relating to such offer shall apply solely to purchases made through the Website. Purchase orders shall be placed through the online procedure on the Website as described in this Contract. The order shall be deemed to have been submitted to the Seller once the Purchaser has: a) correctly completed all mandatory fields in the order form posted online; b) clicked the designated button for submitting the order. Any errors in data entry can be corrected, before clicking the “end and pay” button, by changing the contents of the completed fields, or after clicking the “end and pay” button, by informing the Seller via the email address INFO@ALBARESIDENCE.IT no later than 1 hour after submitting the order.
4. PRICES AND EXPENSES. All prices of the products and services offered on the Website are in EUR and include taxes. All charges to be paid by the Purchaser are indicated on the Website. The price shown on the Website at the time of placing the order shall apply to the products and services, without regard to any previous offers or any price changes that may have subsequently occurred. All payments must be made for the amounts, on the terms and in the manner described in the box relating to the reported offer, by one of the following means: CASH, BANCOMAT, BANK WIRE TRANSFER
5. CONCLUSION OF THE CONTRACT. The Contract shall be deeded to be concluded by accurately completing the application form and by consenting to the purchase given by means of submitting the acceptance online or by filling out the form/template attached to the online electronic catalogue at … and subsequently submitting such form/template, always after displaying a printable web page summarizing the order. This shall specify the details of the person placing the order and the order, the price of the good/service purchased, any shipping costs and any additional ancillary charges, the method and terms of payment, the address where the good will be delivered or the service rendered, the delivery terms and the existence of the right of withdrawal, with the consequent acceptance of the general and special contractual clauses displayed by the Seller. Once the Seller receives the order from the Purchaser, it shall send a confirmation email or display a printable web page confirming and summarizing the order, in which the data referred to in the previous point are also indicated. Failing which, the Contract shall not be deemed to have been concluded and shall not be effective between the parties.
For this purpose, the Seller shall use the email address provided by the Purchaser at the time of placing the order, disclaiming any liability in the event of an incorrect address. The Customer shall be responsible for verifying the accuracy of the data reported and notify the Seller of any corrections within 24 hours from receipt of the Order Confirmation. In the event that products available on the Website and chosen by the Purchaser are occasionally unavailable, the Seller shall notify the Purchaser within 5 working days from placing the order. In this case, the Purchaser may replace the ordered model with another one available, agreeing on the adjustment of the possible change in price and delivery terms, or alternatively obtain the cancellation of the order without incurring any other charges, including financial ones, to be borne by the Purchaser.
In order to conclude the contract, the Seller may use an external platform, to which the Customer is automatically directed with the reservation request, which will collect the data necessary for the reservation and manage it.
6. DESCRIPTIONS OF THE GOODS AND SERVICES MADE AVAILABLE BY THE SELLER. The data sheets of the goods/services offered on the Website shall be authentic and may be relied upon by the Seller and the Purchaser, while the images published therein are for information purposes only. The goods/service purchased must conform to the description made by the Seller and have the qualities that the Seller has represented to the Purchaser through the data sheets.
7. PERFORMANCE/DELIVERY. The date of delivery or performance shall be summarized by Seller in the Order Confirmation. Any changes or cancellations may be exercised in accordance with the conditions set forth at the time of purchase and in relation to the type of service purchased.
8. WARRANTIES. The provisions of the Italian Consumer Code on the warranty of the conformity of goods/services sold shall apply to the contract.
9. LIMITATIONS OF LIABILITY. The Seller accepts no liability for disruptions in service that are due to cases of force majeure in the event that it fails to execute the order or service or fails to do so within the contractually agreed time frame. The Seller shall not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disruptions in service or malfunctions related to the use of the Internet that is outside its control or that of its sub-suppliers. It shall also not be liable in respect of damages, losses and costs suffered by the Purchaser as a result of the non-performance of the contract due to causes that are not attributable to it, since the Purchaser shall only be entitled to a full refund of the price paid and any ancillary charges incurred.
The Seller does not accept any liability for any fraudulent and unlawful use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it is able to prove that it has taken all possible measures according to the best scientific and technical expertise at the time and in accordance with the ordinary level of care required. In no event shall the Purchaser be liable for any delay or default in payment if he/she can prove that he/she made the payment on time and in the manner indicated by the Supplier.
10. RIGHT OF WITHDRAWAL/CANCELLATION OF THE ORDER. The right to withdraw from the Contract and to cancel the reservation may be exercised in the cases, by the terms and in the manner accepted at the time of the Order, in accordance with the formula and rate chosen by the Customer and displayed in the reservation box.
Withdrawal/cancellation, where permitted, must be communicated to the Seller by using the appropriate form that may be downloaded from the Website, which must be sent by means of registered mail with return receipt to the Company’s registered office in Alba, Viale Masera 26, or by email to the following address: INFO@ALBARESIDENCE.IT or by using the online withdrawal procedure. Provided that the above conditions are met, the Seller shall refund the amount provided at the time of reservation without delay and in any event within fourteen days from the date on which the notice of withdrawal was received, using the same means of payment used by the consumer for the purchase.
11. GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be construed in accordance with Italian law. The Parties mutually acknowledge that alternative forms of dispute resolution are available (see attached information leaflet). For disputes concerning consumers, the court of the place of residence or domicile of the consumer shall have exclusive jurisdiction. In any event, the mandatory provisions in force in the consumer’s place of residence shall continue to apply.
12. CONFIDENTIALITY PROTECTION AND PROCESSING OF THE PURCHASER’S DATA. The Seller protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy code set forth by Italian Legislative Decree no. 196 of June 30, 2003.
The personal and tax data acquired directly and/or through third parties by the Seller … , the data controller, is collected and processed in paper, computer, electronic form, in relation to the methods of processing with the purpose of registering the order and implementing the procedures for the performance of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1 (b), of Italian Legislative Decree no. 196/2003).
The Seller undertakes to treat the data and information transmitted by the Purchaser as confidential and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be produced only at the request of the Judicial Authority or other authorities authorized by law.
Personal data shall be disclosed, subject to the entering into of a confidentiality undertaking for such data, only to persons who are delegated to carry out the activities necessary for the performance of the contract entered into and communicated solely within the context of this purpose.
The Purchaser shall be entitled to the rights referred to in Article 7 of Italian Legislative Decree no. 196/2003, namely the right to obtain:
- (a) the updating, rectification of data or, where relevant, the completion of incomplete data;
- (b) the erasure, anonymization or blocking of data processed in infringement of the law, including data whose retention is not necessary in relation to the purposes for which the data was collected or subsequently processed;
- c) certification to the effect that the operations under points a) and b) above have been notified, also with respect to their contents, to the entities to whom or which the data was communicated or disseminated, unless this requirement proves impossible or entails a manifestly disproportionate effort compared with the protected right. The data subject also has the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose for its collection; ii) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or for the performance of market or marketing surveys.
The Purchaser’s disclosure of his/her personal data is a necessary condition for the proper and timely performance of this contract. Failing this, the Purchaser’s application cannot be processed.
In any event, the data acquired will be retained for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. However, its removal will take place in a secure manner.
The data controller for the collection and processing of personal data is the Seller, to whom the Purchaser may address any request to its registered office.
13. METHODS FOR ARCHIVING THE CONTRACT. Pursuant to Article 12 of Italian Legislative Decree no. 70/2003, the Supplier hereby informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier’s premises in accordance with the principles of confidentiality and security.