Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PURCHASES
The user (hereinafter “User”) browsing this area accesses the site of the company CHIARI ELENA (hereinafter “CE”). The User has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of CE and are protected by intellectual property rights.
These General Conditions of Sale apply to the remote sale, via the web, of the Programs indicated and described in the [“Programs”] section of the site www.elenachiari.com (hereinafter the “Site”), in accordance with the provisions of Part III, Title III, Chapter I, Legislative Decree no. 206/2005 as amended (hereinafter the “Consumer Code”) and the rules on electronic commerce (Legislative Decree no. 70/2003), by:
VIA xxxxxxxxxxxxx, 11 – 12345 xxxxxxx
REA DI xxxxxxxx n. 1234567
P.I.- C.F. 06750390483
The User is required, before accessing the Programs provided by the Site, to read these General Conditions of Sale which are therefore intended to be fully and unequivocally accepted at the time of placing the purchase order. In the event of changes to the General Conditions of Sale, the version published on the Site at the time the order is sent by the User will apply.
The User is invited to download and print a copy of these General Conditions of Sale and the order form.
You can use the Site, and then access the Programs offered there, as well as purchase them, in the following languages:
These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders relating to the Programs which, together with the relative characteristics, methods of performance and prices are illustrated on the Site. The offer is detailed on the Site in the section [“Programs”] (hereinafter “Programs”).
It is understood that these General Conditions of Sale do not regulate the supply or sale of Programs by subjects other than CE that are present on the same Site through links, banners or other hypertext links.
CONCLUSION OF THE CONTRACT
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the User examines the characteristics of the Programs that are illustrated in the individual “Program sheets” at the time of choice, and is informed about: the total price of the Programs including taxes, with details of any expenses and any other costs; to the payment methods; at the term within which CE undertakes to lend the individual Programs; the conditions, terms and procedures for exercising the right of withdrawal.
For the purpose of concluding the purchase contract, the User will be required to fill in the order form in electronic format and send it to CE following the instructions on the Site. In order to access the completion of the order form, the User must first enter their personal data in the appropriate section http://www.elenachiari.com/pagamento/.
The order form contains the reference to these General Conditions of Sale, as well as an indication of the selected Programs, of the relative prices inclusive of taxes, with the details of any expenses and any other costs, of the means of payment that can be used, of the times and methods of execution of the purchased Programs.
Before concluding the contract, the User will be asked to confirm having read and fully accepted these General Conditions of Sale and, specifically, the following clauses: “Registered Users”, “Methods of Payment and Prices”, “Limitation of Responsibility ”,“ Applicable Law and Jurisdiction ”.
The purchase contract between CE and the User will be considered concluded with the sending by CE to the User of an e-mail confirming the order placed. This confirmation will summarize all the information already contained in the order form, as well as the relevant identification number. The User undertakes to verify with the utmost attention and care the correctness of the data contained in the order confirmation and to communicate to CE within [24 (twenty-four)] hours of receiving the same any corrections indicating the order number in each communication.
In completing the registration procedures, the User undertakes to follow the instructions on the Site and to provide their personal data correctly and truthfully.
The confirmation will in any case exempt CE from any responsibility for the data provided by the User. The User undertakes to promptly inform CE of any changes in their data at any time communicated.
If the User then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, CE will have the right not to activate or suspend the Programs until the related deficiencies are rectified.
METHOD OF PAYMENT AND PRICES
Prices are subject to change at any time. These changes do not concern orders for which confirmation has already been sent by CE.
In the event of an IT, manual, technical, or any other type of error that could result in a substantial change, not foreseen by CE, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid. In this case, CE will notify the User as soon as possible allowing the confirmation of the order at the right amount or the cancellation of the same. In any case, there will be no obligation for CE to provide the Programs at the lower price incorrectly indicated. If the User requests the cancellation of the order, the amount paid by the User will be refunded within the next 14 (fourteen) days using the same channel used by the User for payment during the purchase.
Once the Programs have been selected, they will be added to the cart and it will be sufficient to follow the purchase instructions, entering or verifying the information requested in each step of the process. The order details can be changed before the relative payment.
Payment for the order must be made using the PayPal method at the time the order is forwarded to the EC. This will be done by clicking on the “Pay Now” icon at the end of the wizard.
CE will issue a receipt relating to the purchase order by sending it by e-mail to the person holding the order. In the event that, [within 48 (forty-eight) hours] of order confirmation, the order holder does not receive the aforementioned receipt by e-mail, the same can contact CE at the addresses and in the manner indicated at the bottom of these General Conditions of Sale. For the issue of the receipt, the information provided by the User himself will prevail. The User therefore undertakes to verify, with the utmost attention, the accuracy of the information provided.
TIMES AND METHOD OF EXECUTION
CE will lend the Programs to the User in the manner and terms indicated on the Site, in the individual “Programs-Cards”, and specified in the purchase order.
If the User holds the title of “Consumer”, as defined in Article 3 of the Consumer Code, he is entitled to the rights referred to in Articles 52 et seq. of the same Consumer Code, and therefore the right to withdraw from the purchase contract for any reason, without explanation and without any penalty, within the term of 14 (fourteen) days, starting from the day of the conclusion of the contract. The right of withdrawal is excluded in the event that the contract has been fully executed by both parties before the expiry of the aforementioned term for exercising the aforementioned right of withdrawal.
In order for the time limit for withdrawal to be considered respected, the notification of withdrawal must be sent to CE by the expiry of the aforementioned withdrawal period. The exercise of the right of withdrawal must take place through an explicit declaration, by email.
Following the receipt by CE of the notice of withdrawal, the parties to the contract will be released from their mutual obligations.
In case of withdrawal from the contract exercised by the User within the aforementioned period of 14 days, all payments made in favor of CE will be reimbursed to the User, within 14 days of the notice of withdrawal. CE will reimburse using the same channel used by the User for the payment during the purchase.
LIMITATION OF LIABILITY
CE cannot be held responsible for any inefficiencies, delays, or the impossibility of executing the contract, in whole or in part deriving from unforeseeable circumstances or force majeure, as well as for any inefficiencies or malfunctions resulting from or connected to the use of the internet outside their own control or that of its suppliers.
With specific reference to the tax compliance Programs, CE will be liable for any sanctions that may be imposed on the User, to the extent that they are dependent on errors committed by CE in carrying out the Programs, provided that they derive from willful misconduct or gross negligence attributable to it. , pursuant to the provisions of article 2236 of the civil code. In which case the CE will be liable for penalties up to the maximum amount of coverage provided by its professional indemnity insurance in force at the time. It is expressly understood that no liability can be attributed to the CE company following sanctions imposed as a result of a change in the practice adopted by the competent bodies.
In compliance with the provisions of Legislative Decree n. 196/2003 and subsequent amendments, the personal data provided by the User and the information acquired by CE, or which will be communicated to CE for the purpose of providing the requested Programs, will be stored, partly on paper archives and partly on electronic archives, in the compliance with the security measures provided for by the aforementioned Legislative Decree no. 96/2003 as amended, and will not be disclosed externally unless such communication is instrumental to the complete and correct execution of the contract and to the provision of the Programs. The related processing will be based on principles of correctness, lawfulness and transparency and protection of the rights of the User. In the event that for the performance of the Programs it is necessary to acquire information or data from third parties and this requires the consent of the interested parties, it will be the User’s responsibility to send the information, as well as to collect the consent, in order to allow CE to carry out the assignment.
The personal data however communicated to CE by the Users of the Site will be processed exclusively for the purpose of providing the requested Programs.
The owner of the processing of personal data is CHIARI ELENA with registered office in Via Roma, 11 – 12345 Rome, registered with the Companies Register of Rome, REA n. 1234567, Tax Code / VAT No. 06750390483, in the person of the pro tempore legal representative.
The User may at any time exercise their rights towards the owner of the processing of personal data, pursuant to Article 7 of Legislative Decree no. 196/2003 and, in particular, among others, to obtain a copy of the data processed, their updating, their correction or integration, their cancellation, transformation into anonymous form or blocking for processing in violation of the law, to oppose for legitimate reasons for processing.
CONTACTS, COMMUNICATIONS AND COMPLAINTS
Any request for information can be sent to CE via certified e-mail (PEC) to the following address ………… .., via telephone at the following number …………… .. via registered letter with return receipt to the following address…. or by fax to the number …… ..
Written communications subsequent to the conclusion of a purchase contract and any complaints directed to CE will be considered valid only when sent by registered letter with return receipt or certified e-mail to the addresses indicated above. The User indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he requests that the communications of CE, addressed to the User, be sent, for the purposes of their effectiveness.
PROCEDURE AND FILING OF THE CONTRACT
Pursuant to Article 12 of Legislative Decree no. 70/2003, CE informs the User that the documentation inherent and underlying each contract is stored in digital / paper form on the server / at the CE headquarters in compliance with the applicable legislation.
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered null or declared as such under the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed and interpreted on the basis of Italian law.
For any dispute that may arise in relation to the interpretation and execution of these General Conditions of Sale, which cannot be resolved amicably between the parties, the Court of Milan will be competent. If the User holds the title of “Consumer”, as defined in Article 3 of the Consumer Code, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
If you want to settle any disputes through the institution of mediation, or if the latter is provided for by current legislation as an obligatory condition of admissibility for the initiation of the trial, these disputes will be remitted to a conciliation body based in Milan and registered in the register of the Ministry of Justice provided for by article no. 16 of Legislative Decree no. 28/2010.