The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by the individual company Siviglia Alessandro based in Rome, Viale Avignone n. 125, registered with the Rome Chamber of Commerce, tax code SVGLSN82T07H703L, VAT number 13310831006, hereinafter referred to as the “Seller”.
1.1. The expression “online sales contract” means the sales contract relating to the Seller’s tangible movable property, entered into between the Seller and the Buyer as part of a distance selling system using telematic tools, organized by the Seller .
1.2. The term “Buyer” means the natural person consumer who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term “Seller” means the subject indicated in the epigraph or the subject providing the information services.
Object of the contract
2.1. With this contract, respectively, the Seller sells and the Buyer purchases remotely via telematic means the tangible movable property indicated and offered for sale on the website http://alessandrosiviglia.it.
2.2. The products referred to in the previous point are illustrated on the web page: http://alessandrosiviglia.it/quadri-in-vendita.
Method of signing the contract
3.1. The contract between the Seller and the Purchaser is concluded exclusively through the Internet through the Purchaser’s access to the address https://alessandrosiviglia.it, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly completing the request form and consenting to the purchase expressed through the subscription sent online or by completing the online purchase form at the address https://alessandrosiviglia.it, and the subsequent sending of the form itself, always after viewing a printable order summary web page, which shows the details of the orderer and of the order, the price of the goods purchased, the shipping costs and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Seller receives the order from the Purchaser, he sends a confirmation e-mail or displays a web page confirming and summarizing the order, printable, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
4.4. There is no minimum purchase order requirement. All orders not paid within 3 days from the execution of the order itself, will be automatically canceled by communicating via e-mail.
Methods of payment and reimbursement
5.1. Each payment by the Buyer can only be made by means of one of the methods indicated on the specific web page by the Seller, i.e. advance bank transfer, cash on delivery.
5.2. Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Seller and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 14 of this contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal.
5.6. In the event of non-payment, the Seller will refuse the relative purchase order, notifying it by e-mail.
Delivery times and methods
6.1. The Seller will deliver the selected and ordered products, in the manner chosen by the Purchaser from among those indicated on the website at the time the goods are offered. Delays in the execution of the works are possible for various reasons: the Purchaser accepts this clause with the payment of the order. It will be the Seller’s personal responsibility to ensure that this does not happen.
6.2. It should be noted that the delivery date is the date relating to the first attempt by the courier to deliver the goods to the address (meaning the main entrance of the building and not the entrance to the private home), also if the attempt is not successful due to the recipient’s absence or refusal of the goods.
6.3. Delivery is considered complete when the product is made available to the user at the address specified in the order.
7.1. All the sales prices of the products displayed and indicated on the website at the time of the offer of the goods are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the civil code
7.2. The sales prices, referred to in the previous point, are not subject to VAT or withholding as a “Service carried out under an advantageous tax regime pursuant to article 1, paragraphs 54-89, Law 190/2014 and, therefore, not subject to VAT nor withholding.
The Buyer pays the contribution for the shipping costs, clearly displayed in the purchase procedure before completing the order.
Availability of products
8.1. The Seller ensures the processing and fulfillment of orders without delay via the telematic system used.
8.2. The Seller’s computer system will confirm as soon as possible that the order has been registered by sending the User a confirmation by e-mail, pursuant to point 4.2.
Limitations of Liability
9.1. The Seller assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the time stipulated in the contract.
9.2. The Seller cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9.3. Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .
9.4. The Seller assumes no responsibility for any fraudulent or illegal 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 demonstrates that it has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.6. The Seller is released from any liability for loss or damage to the goods from the moment in which the same is delivered without reservations to the carrier for transport.
The Purchaser, therefore, from the moment he receives the damaged goods or requests their return to the carrier, has direct and exclusive action against the carrier. The latter is also responsible for the delay in delivering the goods to the recipient. In the event of obvious damage, the Purchaser has the duty to make reservations regarding the items transported at the time of delivery, under penalty of forfeiture. In the event of partial loss or damage that cannot be recognized at the time of delivery, the Purchaser must report the damage just known, under penalty of forfeiture, and no later than eight days from receipt (Article 1698 of the Civil Code).
All shipping costs are to be paid by the Purchaser, including those of any return to the Seller Siviglia Alessandro due to the absence of the recipient or incorrect addresses.
Delays in deliveries cannot for any reason be held responsible for the Seller.
9.5. It should also be noted that in no case can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Seller.
Site content and intellectual property rights
10.1. It should be noted that the contents of Siviglia Alessandro such as, by way of example, the works, images, photographs, documents and any other material, in any format, published on the site https://alessandrosiviglia.it, are protected by the right of author and any other intellectual property right. The reproduction, modification, duplication, copying, distribution, sale or in any case the exploitation of the images, the contents of the site is prohibited unless previously authorized in writing by Siviglia Alessandro. Any use of the contents of the site for commercial and/or advertising purposes is also prohibited.
Non-conformity of products, warranty and assistance.
11.1. The products offered on the Site comply with the national and community legislation in force in Italy.
11.2. The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to view them.
11.3. The Seller is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.4. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the Seller; c) exhibit the usual quality and performance of goods of the same type, which the Purchaser can reasonably expect, taking into account the nature of the goods; d) they are also suitable for the particular use desired by the Purchaser and which has been brought to the attention of the Seller at the time of conclusion of the contract and which the Seller has accepted also for conclusive facts.
11.5. The Purchaser loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.6. In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.7. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
11.8. The request must be sent in writing, by registered letter with return receipt, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Seller has accepted the Buyer’s request, he must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.9. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate reduction of the price or the termination of the
contract. In this case, the Purchaser must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.10. In the same communication, if the Seller has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser’s responsibility to indicate the methods for re-crediting the sums previously paid to the Seller.
11.11. In the event of termination of the contract, the Seller will return the price paid by the user, excluding shipping costs. In the event of a price reduction, the Seller will return the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase.
11.12. Products repaired, modified or in any way altered by the user are excluded from the Legal Guarantee. Any faults or malfunctions or defects of any other type caused by accidental events or by the user’s responsibility or by use of the product that does not comply with its intended use are also excluded from the scope of the Legal Guarantee. In no event may the Seller be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the non-fulfillment is caused by unforeseeable circumstances and/or force majeure, including, merely example, natural disasters, acts of terrorism, network malfunctions and/or blackouts.
11.1. The Purchaser undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
12.4. The Purchaser is strictly prohibited from entering false and/or fictitious data in the procedure for completing the purchase form necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively one’s real personal data and not of third parties, or of fantasy. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers. The Purchaser indemnifies the Seller Siviglia Alessandro from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Purchaser, being the Purchaser himself solely responsible for the correct insertion.
Right of withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the Seller has not fulfilled the information obligations on the existence, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Purchaser.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by email to email@example.com. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be authentic between the Parties.
13.4. The return of the goods must take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
The Seller will accept the returned goods reserving the right to verify that the products have been returned in their original condition and with intact packaging. It is advisable to cover the original packaging of the product with other protective packaging that protects it and preserves its integrity. Only in this case will he forward the entire amount paid by the consumer within the terms established by law. The right of withdrawal is lost in its entirety when the “essential condition of integrity of the property” is no longer fulfilled. In the event of forfeiture of this right, the Seller will return the purchased goods to the sender, charging the same for the shipping costs.
13.5. The only costs payable by the Purchaser for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller. Pursuant to art. 55 of the Consumer Code, the right of withdrawal is excluded in the event that the sale concerns products made to measure or customized or which by their nature cannot be returned or are likely to deteriorate or expire rapidly.
13.6. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided in the previous points of this article.
Reasons for termination
14.1. The obligations referred to in point 12 assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, have essential character, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
It should be noted that the Seller has the right to terminate the stipulated contract by notifying the buyer with adequate and justified reasons; in this case the Purchaser will only be entitled to a refund of any amount already paid.
Protection of confidentiality and processing of the Buyer’s data
15.1. By completing the purchase form in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications, the Purchaser authorizes the Seller Siviglia Alessandro to communicate non-sensitive personal data (residence, address telephone) to trusted couriers and/or shippers used for the delivery of the purchased goods in order to allow the necessary procedures for their delivery.
15.2. It should be noted that the Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196.
15.3. The personal and fiscal data acquired directly and/or through third parties from the Seller Siviglia Alessandro, data controller, are collected and processed in paper, IT and telematic form, in relation to the treatment methods with the aim of registering the order and activating towards him the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).
15.4. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be disclosed only upon request by the Judicial Authority or other authorities authorized by law.
15.5. Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.6. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.7. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
15.8. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
15.9. The owner of the collection and processing of personal data is the Seller Siviglia Alessandro, to whom the Purchaser can address any request at the company headquarters.
How to store the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Purchaser that each order sent is stored in digital / paper form on the server / at the Seller’s headquarters according to confidentiality and security criteria.
Communications and Complaints
17.1. Written communications directed to the Seller and any complaints will be considered valid only if sent by e-mail to the following address firstname.lastname@example.org. In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Rome and resolved according to the Conciliation Rules adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases set forth in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.