Your cart
There are no more items in your cart
General Conditions of Sale
FILGI Srl with headquarters in Foligno (Pg) in Via Corso Nuovo 2/s, VAT number. 02926630548 in the person of its legal representative Fabiola Bucataio e-mail info@filgi.it PEC filgisrl@pec.it hereinafter referred to as “Seller”
Given that:
- the Seller is the owner of the WWW.FILGISTORE.IT website and the domains connected to it, as well as the exclusive owner of the brand and logos relating to the site (hereinafter, for brevity, also referred to as "Site”);
- the Site is intended for online retail sales to consumers (hereinafter, for brevity, also "Buyers") of the products indicated in the following art. 6 (hereinafter, for brevity, also the “Products”);
- these General Conditions of Sale (hereinafter, for brevity, also the "Conditions") regulate the purchases of the Products by Buyers within a sales system for which remote communication technology is used and is organized by the Seller through the Site;
- these Conditions concern exclusively the B2C sale carried out by a Buyer who has the status of consumer, meaning the natural person who makes the purchase for purposes not related to any commercial or professional activity;
- all contracts will be concluded through the appropriate flag, of explicit acceptance of the conditions of use, through registration by the Buyer on the Site;
- in the drafting of these Conditions, terms commonly used in the field of information technologies were used and, in the event of any divergences on their interpretation or meaning, the contents of the main publications of specialized literature will be taken as reference on the subject;
- sales operations are regulated for the Buyer-consumer by the provisions of the legislation regarding contracts concluded at a distance between professionals and consumers pursuant to Legislative Decree no. 6 September 2005. 206 (“Consumer Code”) and of the Legislative Decree. Legislative Decree 9 April 2003 n. 70, while the protection of confidentiality is subject to the discipline of EU Regulation no. 679/2016, as for what regards the contractual conditions applied to commercial users, please refer to the provisions of EU Reg. 2019/1150;
- the Buyer can download these Conditions from the following link: https://www.filgistore.it/it/content/3-termini-e-conditioni-di-uso - sales made through the Site are governed by these Conditions and by the indications contained in the sections of the Site consulted by Buyers in the steps necessary for placing the order, which are to be considered an integral and substantial part of these Conditions;
- the Conditions applicable to each individual order will be those displayed on the Site at the time the order is placed, any changes to the Conditions will be effective from the moment of publication on the Site and will apply only to orders submitted after the publication itself ;
- these premises constitute an integral and substantial part of these General Conditions of Sale;
the following is agreed:
1. Definitions
1.1 In these General Conditions of Sale the following terms have the meaning specified below:
a) "Online sales contract" means the contract stipulated between a Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses the remote communication technology called internet;
b) "General Conditions of Sale" means the rules that regulate purchases of Products by Buyers within a sales system for which remote communication technology organized by the Seller through the Site is used;
c) the expression "Seller" refers to Filgi S.r.l. with headquarters in Foligno (PG), Via Corso Nuovo n. 2/3, which provides for the management of the Site, selling the Products directly to Buyers;
d) the expression "Products" refers exclusively to movable goods present in the electronic catalogs of the Site;
e) the expression "Buyer" refers to the final consumer/customer who is authorized to operate on the Site in order to purchase the Products, according to the methods indicated in these Conditions;
f) "Consumer" means the natural person who purchases goods and services for purposes not directly or indirectly related to any professional activity;
g) the expression "Parties" refers to the Seller and the Buyer jointly understood;
h) the expression "Site" refers to the website corresponding to the address WWW.FILGISTORE.IT through which it is possible to make online purchases;
i) the term "Corresponding amount" refers to the sales price of each Product.
2. Object of the contract
2.1 These Conditions concern the purchase of Products, carried out remotely and via an electronic network, via the Site.
2.2 With this contract, respectively, the Seller sells and the Buyer purchases remotely the movable goods and/or services indicated below.
2.3 The goods covered by this contract are all the Products chosen by the Buyer and placed in the virtual cart, following the online purchase procedures indicated on the Site.
2.4 Each product referred to in the previous point is illustrated and described on its own dedicated web page. Product web pages can be grouped by categories, subcategories, attributes, tags or more.
2.5 The Seller undertakes to supply all the Products indicated below upon payment of a Fee referred to in the art. 7 of this contract.
3. Acceptance of the Conditions
3.1 These Conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will communicate any change through the pages of the Site and such updates/modifications and/or additions will be effective for future purchases.
3.2 These Conditions must be examined online by the Buyer, before completing the purchase procedure, and their acceptance must be expressed by correctly filling in all sections of the electronic form, following the on-screen instructions and, finally, by selecting and then accepting the boxes with the words "I ACCEPT THE TERMS AND CONDITIONS AND THE PRIVACY POLICY".
3.3 By accepting the Conditions, the Buyer undertakes to observe them in their relations with the Seller, including the payment conditions illustrated below, declaring that they have read and guarantee the accuracy and veracity of all the information provided by him pursuant to the rules referred to above, also acknowledging that the Seller is not to be considered bound to different conditions unless previously agreed in writing.
4. Purchase method
4.1 All purchase orders will be forwarded by the Buyer to the Seller, after registering on the Site and entering the ID and PASSWORD with access to a reserved area via secure protocol (https), or in any case, by completing the purchase procedure selected.
4.2 To conclude the purchase contract for the Products on the Site, the Buyer must complete an order form in electronic format and send it to the Seller electronically, following the instructions that appear from time to time on the Site and which will accompany the different stages of the purchase.
4.3 In the event that the Buyer wishes to receive an invoice, he must fill in the appropriate spaces in the order note complete with tax domicile, tax code and VAT number.
4.4 Receipt of the order does not bind the Seller, the sales contract is concluded when the Seller registers the order form, after verifying the correctness of the data relating to the order and payment.
4.5 Before proceeding with the transmission of the order form, the Buyer will be able to identify and correct any errors relating to the data entered by following the instructions that will accompany the different phases of the purchase indicated from time to time on the Site.
4.6 Once the order form has been registered, the Seller will send the Buyer to the email address indicated in the registration the order confirmation and the payment receipt via email, which must be kept as proof of purchase.
4.7 The order form will be archived in the Seller's database and associated with the Buyer's details for the time necessary to process the order and, in any case, within the terms of the law.
4.8 The Seller will keep all orders received from the Buyer in digital or paper format, according to adequate confidentiality and security criteria; the Buyer is in any case invited to save the order receipts on an appropriate durable medium.
4.9 To access his order form, the Buyer can consult the "Orders" section of the Site using the Password and User ID assigned to him at the time of registration, where they will find the list of all their orders placed on the seller's site.
4.10 In the order note before confirmation of the same, the quantities, codes and descriptions of the individual products and services, prices, and any taxes and duties will be indicated. The individual codes will correspond to the technical description, model, material, measurement, size and color of the products as for the technical data sheet presenting the individual product and its variants. For each product or type of product, when added to the "Shopping Cart", the additional delivery and packaging costs, the payment methods and the applicability of these General Conditions of Sale to the Contract will be indicated.
4.11 If the ordered product is no longer available following the purchase order, the price paid will be promptly returned to the Buyer, in any case no later than 30 days from the date of payment, with value date the day of the payment.
4.12 In the event that the Buyer has placed orders for multiple products and only some of them are available, the Seller will have the right to make a partial delivery.
4.13 The Seller, following unforeseen logistical and organizational difficulties, may cancel the order by notifying the Buyer via e-mail or, by agreement with the same, change the day and time of delivery.
4.14 The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity carried out.
5. Conclusion of the contract
5.1 The contract stipulated through the Site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the order, through which the Seller confirms the registration of the order sent by the Buyer and informs them that the seller will proceed with the processing of the order.
5.2. The Contract is considered concluded in the place where the Seller's registered office is located.
5.3 Until reception of the order registration email as at point 5.1 above, the Buyer has the right to cancel the order by sending an email to the Seller's address acquisti@filgi.it or in any other way indicated on the Site.
6. The Products
6.1 The Seller may market all goods belonging to the product categories present on the site which may be produced and created both by third parties and by the Seller themselves.
6.2 The representations of the Products on the Site (through, for example, photographs, graphic signs, videos) correspond to a standard product of the same type or its packaging. These representations have the sole illustrative purpose of presenting the Products for online sale, without any guarantee or commitment on the part of the Seller regarding the exact correspondence of the image represented on the Site with the Products delivered to the Buyer. In case of differences between the graphic representations and the descriptive texts of the Products, the latter prevail.
6.3 The Buyer may purchase the Products under the conditions indicated in the electronic catalog on the Site and in the quantities existing in stock or available from suppliers.
6.4 The Seller does not guarantee the continuous availability of the Products at the conditions offered, remaining committed, in the event of unavailability and payment for the goods, to promptly inform the Buyer and to refund the price without additional charges, within 30 days.
6.5 Buyers can only purchase the Products present on the Site and in the quantities indicated therein and acknowledge that:
- the prices and availability of the Products, as reported on the Site, are subject to change at any time and without notice;
- due to the possible simultaneous access to the Site by multiple users and the time between loading the web page and adding the products to the cart, the actual availability of individual Products may vary; in this case the Seller verifies the actual availability of the Products purchased and informs the User of the possible unavailability of one or more Products before completing the order procedure.
6.6 To take advantage of online sales, the Buyer must select the desired Products, one at a time, placing them in the cart configured by the Seller. At the end of the guided procedure on the Site, the Products thus selected will constitute the subject of the order which will be sent electronically to the Seller.
6.7 Before completing the order, the Buyer will view and check the order summary, which indicates the Products included in the cart, the price with any shipping costs and additional charges, the delivery, transport and payment methods and any other particular conditions selected by the Buyer when ordering.
6.8 By placing the order, the Buyer undertakes to pay the price and any additional costs and charges indicated in the summary.
6.9 The quantity of each Product indicated in the Order is intended as a maximum quantity and the Seller is therefore allowed, in the event of unavailability of the Products, to deliver quantities lower than those indicated in the Order. In this last case, the Seller will charge the Price for the quantities of Products actually delivered and will be freed from any further obligation with regard to the missing quantities.
6.10 The Seller will not be in any way responsible for the temporary or definitive unavailability of one or more Products. In the event of unavailability, even temporary, of the Products included in the Order, the Seller undertakes not to charge the Buyer the corresponding price.
6.11 The Seller will be bound by the Buyer's order only if entered following the correct procedure indicated on the Site, without any error messages highlighted and until its completion. In the event of a malfunction in the order processing and forwarding procedure, the Seller undertakes to promptly notify the Buyer of the impediment and to remedy it, clearly communicating whether the order should be considered cancelled.
7. Fees, payment methods and invoicing
7.1 The Products, prices and conditions of sale present on the Site - within the limits of their availability - are expressed in euros and do not constitute a public offer for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order.
7.2 The Fees, referred to in the previous point, include VAT and all other taxes, as well as the total cost of shipping to the domicile indicated by the Buyer at the time of the order, provided that the place of destination is located on the Italian territory. In any case, the total cost of shipping to the Buyer's home is borne by the Buyer, except for exceptions and exemptions which will be specifically advertised on the Site. The cost is, in any case, made known to the Buyer before confirming the purchase , also in relation to the different types of transport and to the weight and overall dimensions, the required shipping times, the delivery destination and/or any other services requested (insurance, delivery times, etc.).
7.3 The price of the Product calculated at the time of the order has final value, without any consideration of price changes, even due to promotions, which may have sales promotion after the order was placed or ended previously.
7.4 The Seller, in the event of the arising of exceptional situations, may subject the corresponding amount to revision: exceptional conditions are considered, by way of example and not exhaustively, the sudden and unarranged change in price of the Product by the supplier, the sudden change in custom or currency exchange rates and in any case shipping costs in general. In the exceptional event of revision of the corresponding, the Parties expressly undertake to carry out the renegotiation of the same through an exchange of emails in accordance with correctness and good faith, taking into consideration the documentation produced and certifying the exceptional situations that led to such a revision. In the event of a revision of the Price, the Buyer may withdraw before delivery if the final Price is excessively higher compared to what originally agreed.
7.5 The Buyer may pay the corresponding amount, plus delivery costs as quantified at the time the order is placed, choosing from the following methods:
Credit card - It is possible to make payment by European and international Visa and MasterCard credit cards, including Electron (Visa) and Maestro (Mastercard) cards, American Express, PostePay, Bancomat and prepaid cards. The credit card data is entered directly on the pages of the seller's banking partner, and is transmitted to the bank's servers in encrypted form according to the PCI DSS Level 1 standard, the strictest security standard for the processing and storage of credit card data in accordance to PSD2 directive. For greater security, only the banking partner has access to the data of the card used for payment, while the seller has no possibility of knowing or storing such data.
PayPal - By choosing this payment method you will be directed to the PayPal page. The amount relating to the order will be debited from your PayPal account when the order is placed. In the event of your canceling the order, or in the case of non-acceptance by the seller, the amount will be refunded to your PayPal account. At no time during the purchase procedure is the seller able to access the financial information about you. None of the seller's computer archives contain or retain such data. For each transaction made with your PayPal account you will receive a confirmation email from PayPal. Through the PayPal system you can also pay by credit card (VISA, Mastercard and all other circuits accepted by PayPal)
ApplePay - The Apple Pay payment button is only available on the Apple device via the Safari browser. 3D-Secure authentication is systematic and managed by Apple via biometric verification (TouchID or FaceID). Apple guarantees its users the confidentiality of their banking data, so the credit card number is not provided to the merchant.
Bank transfer - By selecting this option and confirming the order you will be directed to an order confirmation page indicating the bank details where you can make the transfer. The bank details and order confirmation will however also be sent via e-mail to the address indicated during registration.
The transfer will be made to the following bank details: IBAN: IT 37 K 02008 21703 000401235670 - made out to FILGI Srl at BANCA UNICREDIT – Agenzia Porta San Felicianetto – Foligno (Pg) Italy.
The order will only be operational upon receipt of the bank receipt via email at info@filgi.it, which must also include the order number reported in the confirmation email. The bank transfer must take place within 3 working days from issuing the order; once this period has expired the order will be cancelled.
7.6 At the time of payment, the Seller is not required to issue an invoice, unless the Buyer requests it by filling in the appropriate spaces when placing the order, in which case the invoice will be sent together with the Products .
8. Delivery methods
8.1 The Seller will deliver to the Buyer, at the address indicated by the Buyer, the Products selected and ordered, in the manner mentioned in the previous articles, via trusted couriers and/or shippers. Delivery will take place within three days, as indicated in the order confirmation.
8.2 If the Buyer is absent, a notice will be left with the necessary information to contact the courier or shipper in order to agree on the delivery methods.
8.3 No responsibility can be attributed to the Seller for delayed or failed delivery attributable to causes of force majeure or unforeseeable circumstances.
8.4 Upon receipt, the Buyer is required to verify the conformity of the Product delivered to him with the order placed; only after this verification the buyer will proceed to signing of the delivery documents, obviously without prejudice to the right of withdrawal mentioned in the art. 12 of these Conditions.
8.5 The Buyer has the right to choose another carrier, it being obviously understood that in this case the transport will take place at their exclusive risk, care and expense, and that payment of the products cannot be made by cash on delivery, but, in addition to the other methods indicated on the site, by advance payment.
8.6 The delivery terms are not to be considered in any way binding for the Seller who, in any case, undertakes to promptly inform the Buyer of any delays or impediments by sending a communication to the email address connected to the buyer's account.
8.7 The Seller is not responsible for damage or delays in delivery caused by the carrier to the purchased Products, remaining totally unrelated to the relationship between the carrier and the Buyer.
9. Responsibility
9.1 The Seller takes no responsibility for the delay or non-delivery of the Product attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which would completely prevent or in part, the execution of the contract within the agreed times.
9.2 The Seller will not be liable towards any party or third party for damages, losses and costs suffered as a result of failure to execute the contract for the causes mentioned above, the Buyer having the right only to the reimbursement of any price paid.
9.3 The Seller guarantees that the Products present in the electronic catalogs can be freely purchased and that they are not encumbered by liens or mortgages. In any case, the rules of the Italian civil code regarding sales apply.
9.4 The Buyer acknowledges that at no time during the purchase procedure is the Seller able to know the Buyer's credit card number which, by opening a secure connection, is transmitted directly to the banking service manager. In this case, therefore, the Seller is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the purchased Products.
10. Guarantees and assistance methods
10.1 The Seller sells only original and high quality goods, the producers of such goods offer a guarantee whose minimum duration is 2 years and starts from the day of purchase of the goods. This service is directly provided by the manufacturers of the Products, who are directly and exclusively responsible for the times and methods of intervention.
10.2 In case of lack of conformity, the rules set out in Legislative Decree no. 206/2005 will apply and any defect must be reported within 8 days from discovery, otherwise the Buyer will lose the right to warranty.
10.3 At the time of the order and, in any case, before the conclusion of the contract, upon request of the Buyer, the Seller will communicate the warranty conditions provided directly by the manufacturers.
10.4 In the event that there is a need for an intervention covered by the guarantee, the transport costs to the Seller and those of return to the address of the buyer will be borne by the latter, unless otherwise specified in the return form, which must be completed, signed and sent together with the goods.
10.5 Failure to complete, sign and/or deliver the return form will prevent the goods from being accepted and, therefore, subjected to technical intervention.
10.6 The lack of conformity is considered to exist if the Product is not suitable for the use for which goods of the same type are usually used.
10.7 Failures or malfunctions or defects caused by accidental events or the Buyer's responsibility or by use of the Product that does not conform to its intended use or as described in the technical documentation are excluded from the scope of the legal guarantee attached to the Product.
10.8 In the event of an ascertained lack of conformity, if promptly reported, the Buyer has the right to the restoration, without charge, of the conformity of the Product through repair or replacement, unless the requested remedy is objectively impossible or excessively onerous compared to the substitution of the goods. The remedy is considered "excessively onerous" when it requires the Seller to incur unreasonable expenses compared to the alternatives, taking into account the value that the Product would have if there were no confirmed lack of conformity, the extent of the defect, the possibility that the remedy can be carried out without significant inconvenience for the Buyer.
10.9 The Buyer may request, at their choice, an appropriate price reduction or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively onerous; b) the Seller has not repaired or replaced the goods within a reasonable time; c) the replacement or repair previously carried out has caused significant inconvenience to the Buyer.
11. Obligations of the Buyer
11.1 The Buyer undertakes, once the purchase procedure has been concluded, to print and keep these Conditions, which, moreover, he will have already viewed and accepted as an obligatory step during the purchase procedure, as well as the specifications of the Product being purchased, in order to fully satisfy the condition set out in Legislative Decree no. 206/2005.
11.2 The Buyer is strictly prohibited from entering false, and/or invented, and/or imaginary data in the registration procedure using the appropriate electronic form; the personal data and the e-mail must be exclusively your real personal data and not those of third parties, or fictitious. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the purchase procedure of the Products.
11.3 It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and protection of all consumers.
11.4 The Buyer indemnifies the Seller against any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Buyer, the latter being solely responsible for the correct insertion.
12. Right of withdrawal
12.1 The Buyer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days starting from the day of receipt of the good purchased.
12.2 the Buyer can exercise the right of withdrawal, obtaining a refund of the price paid, returning the goods received in their original packaging, without tampering with any guarantee seal or simply opening and/or deteriorating the same external packaging.
12.3 The Buyer's right of withdrawal is excluded if the Products are:
(a) tailor-made and/or clearly personalized;
(b) likely to deteriorate or expire rapidly;
(c) sealed goods which, opened after delivery, do not lend themselves to being returned for reasons of hygiene or health protection;
(d) sealed food products once opened;
(e) after delivery, by their nature, inseparably mixed with other goods;
(f) sealed audiovisual products or computer software, opened by the Buyer;
(g) newspapers, periodicals and magazines.
12.4 To exercise the right of withdrawal, the Buyer must, within the deadline indicated in point 12.1, send a registered letter with return receipt to the following address: FILGI Srl Via Corso Nuovo 2/s Foligno (Pg) or send a PEC (Posta Elettronica Certificata) or an email to the following email address acquisti@filgi.it.
12.5 The communication must contain the explicit declaration of the Buyer to withdraw from the purchase and the Product or Products for which they intend to exercise the right of withdrawal, specifying the order number.
12.6 Once the communication has been received, the Seller will inform the Buyer of the methods and return number to be indicated in the appropriate form.
12.7 Having received the return number, the Buyer must ship the Product to the address indicated by the Seller within seven working days, taking care to carefully package the goods, where possible by placing them in an external box, avoiding damaging the original packaging with adhesive tapes, labels etc. The Product must be returned in the same conditions as it was received, intact in the original packaging complete in all its parts and accessories, including any guarantees, instructions, user licenses, cables etc., there are no other methods of returning the goods.
12.8 The deadline expected for the return by the Buyer cannot be less than 7 working days starting from the date of receipt of the Product and all possible costs of returning the Products are borne by the Seller.
12.9 In the event of transport damage occurring during the return, the Seller will notify the Buyer within 5 working days from receiving the goods, allowing them to file a complaint against the courier used for transport. The damaged goods will be made available for return and the withdrawal request will be canceled at the same time.
12.10 The Seller will accept the returned goods, reserving the right to verify the integrity of the Products and that they have been returned in their original state and with the original packaging. In the event of any damage being found that does not compromise the use of the Product or of tampering with the original packaging (not due to transport) or lack of the packaging itself, the Seller will retain a percentage equal to a maximum of 10% of the value of the goods, attributable to restoration costs.
12.11 With the exclusion of any repair costs for ascertained damage, the Seller will reimburse the entire amount of the Product within 30 days, excluding transport costs, by bank transfer to the bank account indicated by the Buyer in the purchase form or by refund to your credit card or PayPal account.
12.12 The right of withdrawal completely lapses if the Products are returned:
- damaged or even partially used (for reasons other than transport);
- incomplete, i.e. missing parts, accessories and components including instruction manuals, user licenses, guarantees, etc.
13. Conditions of use of the Site
13.1 The Site is entirely managed by the Seller through third parties (hosting) at their discretion and under their responsibility for correct functioning, excluding cases of force majeure or in any case beyond their control.
13.2 The carrying out of maintenance operations which will prevent the connection will be promptly communicated by the Seller to the users, except in the case in which interventions become necessary which, due to their particular urgency, do not allow the aforementioned notice to be given.
13.3 The Seller undertakes to apply and has applied to the Site and to all electronic communications the procedures and security measures deemed suitable, given the state of technical and IT knowledge, to guarantee its security and to avoid the risks of unauthorized access, tampering, delay in recording or processing, destruction and loss of information or data transmitted.
13.4 The Seller reserves, at their sole discretion, the right to insert on the Site advertisements compatible with the activity carried out, as well as links to other sites that comply with the obligations laid down in this contract.
13.5 Access to the Site takes place via electronic connection to the address WWW.FILGISTORE.COM and each member-purchaser will access using exclusively user ID, password and any additional personal identification tools provided by the Seller.
13.6 At the time of registration, the member-purchaser enters the user ID and password (stored in an encrypted manner) and receives confirmation of registration from the Seller (with his credentials) in the indicated email.
13.7 The member-purchaser undertakes to immediately replace the password in the event of loss or theft of the same, also in the event they should learn that third parties or participating companies have become aware of the same and/or the user ID, immediately informing the Seller of the incident.
13.8 The member-purchaser is fully aware of the fact that the knowledge of personal identification tools by third parties could allow them to access the Site, conclude contracts and other operations in the name of the member, as well as access to all the news, information and data present on the Site itself, consequently the member-purchaser undertakes to keep the aforementioned tools secret, using them in compliance with all the instructions in this regard established by the Site.
13.9 The member-purchaser is responsible for any damage deriving to the Site and to other member-purchasers resulting from the knowledge and use of personal identification tools by third parties resulting from negligence or carelessness of the member-purchaser.
13.10 The member-purchaser undertakes to promptly communicate to the Seller any anomaly that the same finds in the use of the Personal Identification Tools if they have a well-founded suspicion that this derives from an attempt at unauthorized access, intrusion, tampering or other illegitimate activity carried out by third parties or other participating companies.
13.11 The Parties expressly agree that the Seller has the right to terminate this contract with the Buyer who has defaulted on the obligations set out in this article. The Seller who intends to make use of the resolution will notify the Buyer by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the resolution start from the date of receipt of the termination notice resulting from the receipt returned to the terminating Party and the Buyer will have the exclusive right to the refund of any sum already paid.
14. Communications
14.1 Except in the cases expressly indicated - or established by legal obligations - communications between the Seller and the Buyer will preferably take place via e-mail messages to the respective electronic addresses which will be considered valid by both Parties means of communication and whose production in court cannot be contested simply because they are electronic documents.
14.2 Both Parties may change their e-mail address at any time for the purposes of this article, provided that they promptly notify the other Party in compliance with the procedures established in the previous paragraph.
15. Processing of personal data
15.1 The Buyer expressly declares to have read both the information provided for by the art. 13 of EU Regulation 679/2016 and the "privacy policy" of the Site.
15.2 The rights deriving from the privacy legislation and the information obligations arising from it on the Seller are examined online, before completing the purchase procedure. The forwarding of the order confirmation, therefore, implies complete knowledge of the same.
15.3 The Data Collection Manager Responsible of the collection and processing of personal data is, as specified above, in the person of the legal representative pro tempore, Mrs. Fabiola Bucataio. The rights referred to in article 7 of the Regulation are exercised with a request addressed without formalities to the Data Collection Manager, by sending a simple email to the address of the Seller, who is required to provide communication of any changes to their data to the same address.
16. Applicable law, jurisdiction and competent court
16.1 This contract is governed by Italian law.
16.2 For anything not expressly provided here, the laws applicable to the relationships and cases envisaged in this contract and, in any case, the provisions of the Civil Code and Legislative Decree no. 206/2005 (Consumer Code) apply.
16.3 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the Site is subject to Italian jurisdiction.
16.4 If the dispute has not been resolved amicably, and in any case within 6 months from the date of its initiation, the same will be brought to the exclusive jurisdiction of the Court in whose district the Buyer/Consumer is domiciled; in the event that the Purchaser does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Perugia.
17. Final clauses
17.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously reached between the parties and concerning the object of this contract.
17.2 The contract is not transferable to third parties, under penalty of immediate termination.
EXPRESSION OF CONSENT THROUGH THE SITE
I ACCEPT
Acceptance is confirmed by ticking the electronic box "I accept the data processing policy (Privacy policy)" with which, pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Buyer declares to have carefully read the contract and to expressly approve the following clauses:
3. Acceptance of the Conditions
4. Purchase method
6. The Products
7. Sales prices, payment methods and invoicing
8. Delivery Method
9. Responsibilities
10. Guarantees and assistance methods
11. Obligations of the Buyer
13. Conditions of use of the Site
15. Processing of personal data
16. Applicable law - Jurisdiction and competent court