1. – Introduction and Application Scope
1.1 These General Selling Conditions (below, for brevity, "General Conditions") govern the selling online of products through the website maintained by the www.loranshop.com Trade on Web property of Birri Andrea, based at Street Chiara d'Assisi n.8 – 33044 – Manzano (UD), e-mail firstname.lastname@example.org, registered with the Chamber of Commerce of UDINE at (R.E.A.) UD - 269749 Business Register, Tax Code BRRNDR72H03D014P, VAT number IT02549460307.
1.2 All purchase contracts at a distance, performed on-line through the website www.loranshop.com and according to the procedures described above, Trade on Web property of Birri Andrea and the Customer (as defined at the point 2.- Definitions), will be governed by these General Terms and an Order (as defined at the point 2 - Definition) involves the acceptance by the Customer. Any derogatory clauses and any special conditions of supply must be expressly agreed in writing. When any behaviour, even if repeated, of one of the two parties doesn't meet one or more of these conditions, it will not affect the party's right to request at any time the application of the same.
1.3 The Seller reserves the right to make, unilaterally and at any time to revise these Terms and Conditions which will be effective upon posting on the above indicated website and they will refer to sales made from that moment on.
2. – Definitions
2.1. Inside these General Conditions, the following definitions apply:
a) The "Consumer" expression means any natural person who carries out an Order for purposes different from trading, business, craft or profession;
b) The "Professional" expression means any natural or legal person who makes an Order in the exercise of its business, commercial, craft or profession purposes;
c) The “Customer” expression means, as appropriate, a Consumer or Professional;
d) The "Contract" expression means any agreement relating to the trade of one or more products, registered between the Customer and Trade on Web property of Birri Andrea by accessing to the website www.loranshop.com, as part of a remote sales system, by following the procedures below;
e) The "Order" expression means an offer, formulated by the customer against Trade on Web property of Andrea Birri, concerning one or more products, placed online through the website www.loranshop.com and according to the procedures described above.
2.2 Please note that the actual General Conditions forecasts which refer to Consumers will apply only to those that fall within the related definition.
3. – Conclusion of Contract
3.1. The products presentation on www.loranshop.com website constitutes an invitation to users to submit, with regard to Trade on the Web property of Andrea Birri, a purchase proposal. These offer invitations are no binding on Trade on Web property of Birri and Andrea, and, in particular, does not constitute an offer to the public according to art. 1336 of the Civil Code.
3.2. The contract signed between Trade on Web property of Birri Andrea and the Customer is concluded with the acceptance, even partial, of the Order by Trade on Web property of Birri Andrea, which reserves the right, at its discretion, to accept the offer to purchase, upon verification of products availability in the proposal.
Trade on Web property of Birri Andrea will inform the customer in case of non-acceptance, by e-mail or phone and explaining the causes.
3.3 The Sell means "while stocks last." In the event that the actual product is no longer available from the manufacturer and/or it needs more time than reported on the website, Trade on Web property of Birri Andrea has to notify promptly the customer by e-mail or phone.
In the latter case, the customer can choose to:
- change the product;
- waiting even beyond the time referred to paragraph 7;
- cancel the order and be reimbursed for the amount paid for shipping costs. Any refund will be made as soon as possible and within 30 days of receipt of the refund request communication.
3.4. By placing the order, the customer declares he read all the information provided during the purchase procedure and accept the General Terms and payment transcribed below.
3.5. If the customer is a consumer, once the online purchase procedure is completed, he agrees and undertakes to print or save an electronic copy, but keep the present general conditions of sale, accepted by sending the Order purchase, according with art. 52 and 53 of D. Lgs n. 206/2005 about the remote sales.
3.6. It is strictly prohibited to enter false data, some other person in the registration process. The registration process is necessary to activate the procedure for the execution of this contract. Trade on Web property of Birri Andrea reserves the right to prosecute legally any violation or abuse, for the advantage and protection of all consumers.
3.7 The Customer has not right to a compensation for damages, and any contract liability for direct or indirect damages to persons and/or property, caused by the rejection, even partial, of an order.
4. – How to Purchase
4.1. The Customer may only purchase products in the electronic catalogue of Trade on Web property Birri Andrea available at the time of the order and viewable at www.loranshop.com, as described in the pertinent information sheets.
4.2 The correct reception of the order is confirmed by Trade on Web property of Birri Andrea through an answer via e-mail (order confirmation) sent to the email address provided by the Customer. This confirmation message will contain date and time of order reception and an "Order Number", to be used in any further communication with Trade on Web property of Birri Andrea. The message offers all the data entered by the Customer who agrees to verify the correctness and to communicate any corrections, following the procedures described in this document.
4.3 In case of non-acceptance, Trade on Web property of Birri Andrea, agrees to give prompt notice to the Customer.
5. – Prices and shipping costs
5.1 All the selling prices of the products available on the site are referred to the public and, therefore, inclusive of VAT. Trade on Web property of Birri Andrea has the right to change prices that are listed on the website at any time, without notice. However, any price changes will not be effective against Customers who have already performed the Order.
5.2 The Customer needs to pay the shipping costs and any additional costs (eg. Customs clearance) which, if present, and not included in the purchase price, shall be calculated in the purchasing process in addition to the total order amount by Customer.
5.3 Trade on Web property of Birri Andrea will issue an invoice for each order placed on www.loranshop.com, and, for the issuance, the information provided by the Customer during the Order will be used. No change in the bill will be possible after the issuance.
6. – Mode of Payment
6.1. The products price and their shipping costs will be paid by paypal, credit card.
PayPal (eBay group company). Paypal provides an online payment system via credit card, placing itself as an intermediary between the user and the receiver of the payment. Paypal counts more than 100 million accounts worldwide, it offers to the Customer the security that the data of card does not fall into the hands of the other parties: Customer's data are entered only once, and from that moment you just log in to the account to make payments. Thanks to PayPal the Customer can pay for purchases by associating the account to a credit card (or rechargeable prepaid) Visa, Visa Electron and MasterCard, or using its own balance.
6.2. Trade on Web property of Birri Andrea reserves the right to ask more information to the Customer (eg. Landline phone number) or copies of documents proving the ownership of the used credit card. In the absence of the required documentation, Trade on Web property of Birri Andrea reserves the right to refuse the order.
6.3. Trade on Web property of Birri Andrea is not able to know the buyer's credit card information during the purchasing process. In fact, the Customer's credit card information are typed directly on the bank web platform that handles the transaction, there is no chance that these data could be intercepted. In no case, therefore, Trade on Web property of Birri Andrea can be held responsible for any fraudulent or illegal use of credit cards by a third party, upon payment for products purchased on the site
7. – Delivery Time
7.1 The delivery time of the ordered products are only indicative and are published in the "Shipping" page; the delivery time estimation may change due to the traffic conditions and traffic in general, by act or by force majeure (strikes of carriers, etc.), as well as because of not predictable events such as earthquakes, floods, fires, explosions and similar events. In such cases, the Trade on Web property of Birri Andrea assumes no liability for consequential inefficiencies, nor for damages and/or losses and/or costs incurred as a result of failure to execute the contract for the reasons mentioned above.
7.2 In order to assure the Customer Order, the Trade on Web property of Birri Andrea is committed to purchase regularly and timely products from its suppliers (usually 1 day after order fulfillment).
Once the paied products are available, they will be delivered in the agreed manners and terms with the respective supplier, the freight company to ship as soon as possible and, in any case, within five (5) working days from the shipment made by the day after the status of the order has been processed by the suppliers.
Otherwise, the order will be cancelled and the customer will be refunded any amount paid. However, no responsibility can be attributed to Trade on Web property of Birri Andrea in case of delivery delay or delivery of the ordered goods entrusted to the delivery courier.
7.3 Trade on Web property of Birri Andrea will inform the Customer by e-mail, indicating the date on which the parcel was delivered to the carrier.
7.4 With reference to the delivery of goods by courier, the obligation of delivery of the product in the hands of Trade on Web property of Birri Andrea, is regularly fulfilled when the ordered goods are delivered to the carrier. Therefore, any delays and/or failures or similar events in the delivery of the package, must be attributed only to the company that handles the shipment. In such cases, the Customer undertakes to avoid any claim for compensation against Trade on Web property of Birri Andrea.
7.5 In addition, Trade on Web property of Birri Andrea is not responsible for failure or delay in the event the product was not provided in the terms and in the ways agreed with the supplier, even if the Trade on Web property of Birri Andrea paid the regular and timely purchase of products from suppliers; it is not able to make up for the lack of availability of such products for circumstances not subject to its control and it has promptly informed the customer that unavailability.
8. – Delivery Modes of Goods
8.1 The ordered product will be delivered to the customer by agreed courier. Before the delivery, the carrier and the recipient of the goods can be agreed with the date and the day of delivery.
9. – Reclaim
9.1 Once the customer receives the goods, it is required to check:
• the number of boxes because it needs to be the same as indicated on the invoice;
• the packaging is not damaged or wet or otherwise altered;
• the goods also travel with the original maker packaging.
9.2 Any external damage or the mismatch in the number of packages or particulars, must be immediately reported to the courier who delivers, adding the word "I AGREE WITH RESERVE" on the delivery courier and indicating "THE REASON" of this reserve (Ex. I accept with reserve the damaged package), and confirmed within 8 days from the receipt of goods, by registered letter with return receipt, to THE COURIER itself, whose address is reported on the accompanying document.
9.3 Once the Customer signed the document of the courier, it cannot make any objection about the appearance of what was delivered. The acceptance of goods without reservation preclude the possibility of subsequent claims for any shortages or damage due to transportation.
9.4 Any damage, not identified at the time of delivery, must be reported to the carrier, within 8 days from receipt of goods, by registered letter with return receipt, and reported to the Trade on Web property of Birri Andrea, by electronic mail within 5 working days. It is essential to attach photographic documentation proving the damage.
9.5 For the above cases, Trade on Web property of Birri Andrea is considered free of any liability for loss or damages of the goods from the moment they are delivered without reservations to the courier. The Customer, from the moment it receives the damaged goods or it requests their return to the carrier, has direct and exclusive action against the carrier itself.
10. – Warranty
10.1 The rules of law laid down in quality assurance (Article 1490 et seq of the Civil Code) are applied for the purchases made by the Professional (as defined at point 2.- Definitions) . In order to obtain warranty service please keep the invoice issued at the time of sale.
The Professional has the obligation, under penalty of forfeiture, to report the defects to the Seller within 8 days of the discovery.
10.2 The rules of law laid down in quality assurance (Article 1490 et seq of the Civil Code) are applied for the purchases made by the Consumer (as defined at Point 2.- Definitions). Including standards laid down by the Consumer Code (Article 128 and following of D. Lgs no. 6 September 2005, n.206). In order to obtain warranty service, The Consumer needs to keep the invoice issued at the time of sale.
The Seller is liable to the Consumer for any lack of conformity that the Consumer encountered in purchased products within a period of two years from delivery.
The Consumer has no right if it does not denounce to the Seller the lack of conformity within two months from the date when the defect was discovered.
The request should be sent to the Seller by registered letter with acknowledgement of receipt. The Seller will indicate its willingness to act on the request, or the reasons that prevent it from doing it, within 7 working days of receipt.
10.3 The previous point 2 and its various levels of numbering cannot be applied in case of defects in products purchased by Professionals.
10.4 In addition to all the previous reasons, the guarantee will not be applied if:
a) the failure or malfunction was caused by negligence, tampering, misuse, or abuse;
b) damages and accidents independent from Web Trade property of Birri Andrea or arising from fortuitous or force majeure.
10.5 No damage can be required from Trade on Web property of Birri Andrea for any delays in repairs or replacements of products under warranty.
10.6 In all cases where the application of guarantees provides for the return of the product, the Customer must return the product complete in all its parts (including any documentation and accessories: manuals, etc ...) and carefully packed.
12. – Exclusion of Withdrawal Right
12.1 The consumer cannot exercise the withdrawal right in relation to the purchase of products made in specific requests or clearly personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly, and in any other case provided for by Article 55 of the Consumer Code.
The right to return has no value for professional traders, wholesalers and retailers.
Also for a seller who sell their own products, or for people belonging to the family of the seller, for the individual who buy large quantities, the withdrawal right is excluded, because it considers the fact that the purchaser is aware of the product.
The seller and the people close to the seller know the products. Therefore, they cannot use the guarantee of security because the right of return is reserved for interested buyers.
13. – Communication
13.1. Any written communication addressed to Trade on the Web property of Andrea Birri, unless otherwise stated, it will be considered valid only if sent by registered mail with return receipt to Trade on Web property of Birri Andrea, Street Chiara d'Assisi n. 8 - 33044 - Manzano (UD), or by email at email@example.com, or to contacts provided later.
13.2 In the registration form, the Customer indicates its own residence or domicile, telephone number or email in order to be contacted.
15. – Storage Mode of the Contract
15.1 Under the Article 12 of D. Lgs no. 70/2003, the Trade Web property of Birri Andrea informs the Customer that every processed order is preserved in digital/paper form on electronic storages of Trade on the Web and/or its suppliers of hosting services according to confidentiality and security criteria.
16. – Dispute Settlement
16.1 If the Parties intend to refer the ordinary judicial Authority, the reference Court belongs to the place of residence or elected domicile of the Consumer, mandatory under the D .Lgs no. 206/2005.
16.2 In the event that the purchaser is a Professional, it agrees that any dispute shall be acted by the Court of Udine (UD).
17. – Applicable Law and Referral
17.1 This sale Contract between the Customer and Trade on Web property of Birri Andrea is governed by Italian law.
17.2 For all matters not expressly provided in these General Condition, the reference is made by the laws, related to the sales, applicable to the relations and cases referred to this Agreement.
17.3 A possible inapplicability of any article or provisions in the contract shall not affect the validity of the contract or of any other article or provisions.
17.4 Under Article. 60 of D. Lgs no. 206/2005 it is here expressly mentioned the provisions contained in Part III, Title III, Chapter I, Section II of D. Lgs no. 6 September 2005, n. 206.