Conditions for On-Line Sales/Purchase

General Terms and Conditions for On-Line Sales/Purchase

1. Recitals

1.1. These general terms and conditions of sale apply to purchases made on the website www.t-shirt.it by Consumers and/or Professional Buyers, defined and identified below;

1.2. Different rules and provisions apply depending on whether the buyer entering into the contract is a consumer or a professional buyer, as specified below.

 

2. Definitions

2.1. The Seller is Saluber s.r.l. con sede legale in Via M. Verena, 31 36022 S. Zeno Di Cassola (VI) Italy Tel. +39 0424 570321 E-Mail Info@Saluber.Com Partita IVA IT02867470243, which acts in the pursuit of its entrepreneurial and commercial business and promotes the sale of its products via distance selling on the platform www.saluber.com/shop.saluber.com, in accordance with these General Terms and Conditions for On-Line Sales;

2.2. A Professional Buyer is any freelance professional or legal person who, acting through a natural person designated and authorised thereby (legal representative, employee, collaborator), interacts with the e-commerce platform and enters into an on-line contract of sale in the pursuit of its entrepreneurial and commercial business;

2.3. A Consumer is any natural person who acts for personal and non-professional purposes which are outside his trade, business, craft or profession, as defined in art. 3, paragraph 1a) of Legislative Decree 6 September 2005, no. 206 (Consumer Code): “consumer or user: any natural person who acts for purposes outside his trade, business, craft or profession”;

2.4. The User is any platform visitor who interacts with the website functions: this definition includes both Consumers and Professional Buyers.

2.5. The Consumer Code is Legislative Decree 6 September 2005, no. 206 (Consumer Code), as amended and supplemented;

2.6. The Contract or Contract of Sale is the contract of sale concerning the movable goods published on the e-commerce portal, which is entered into by the Seller and the Professional Buyer and/or Consumer within an electronic commerce system organised by the Seller;

2.7. The Parties are the Seller and the Consumer or the Seller and the Professional Buyer;

2.8. The Portal or Platform or Website mean the website www.saluber.com/shop.saluber.com, managed by the Seller, through which on-line purchase contracts are completed.

 

3. General Provisions

3.1. These General Terms and Conditions for On-Line Sales regulate the commercial relationship between the Seller and the Consumer and/or Professional Buyer and are an integral and substantive part of the contract for the sale of movable goods that will be entered into;

3.2. These General Terms and Conditions of Sale will always apply: any different conditions of sale established or applied by the Consumer and/or Professional Buyer will not be incorporated into the contract between the parties – not even if the order is accepted by the Seller;

3.3. The Consumer and/or Professional Buyer acknowledge that the General Terms and Conditions of Sale that are published on this Portal may change: for this reason, each purchase is regulated exclusively by the General Terms and Conditions of Sale in force at the date of contract completion;

3.4. In accordance with any mandatory rules of law, the Parties agree that if any provision of these general terms and conditions of sale is held to be null or void, this will not prejudice the validity and effectiveness of the other provisions, which will remain fully valid and effective.

 

4. Pre-contractual information to the Consumer

4.1. Pre-contractual information is given to the Consumer before the latter is bound by any on-line distance contract of sale. Specifically, the information regulated by art. 49 of Legislative Decree 21 February 2014, no. 21, is published on the website www.saluber.com/shop.saluber.com and is always available for consultation by clicking on the link “Terms and Conditions of Sale” on the Portal.

 

5. Scope of on-line contracts of sale

5.1. On-line contracts of sale concern any movable, tangible good published on the Portalwww.saluber.com/shop.saluber.com, which the Seller offers for sale and the Consumer or Professional Buyer intends to buy, by interacting with the aforesaid Platform, via a distance electronic commerce system;

5.2. This on-line contract of sale regulates the purchase conditions between the Seller and the Consumer or Professional Buyer based in Italy and Europe, for deliveries in the EU;

5.3. The goods that can be purchased with the process in question are only those published on the Portal pages. Prior platform registration is not required to view and purchase items;

5.4. The products available for sale are divided on the website into categories: the User can carry out product searches by clicking on the icon “zoom” in the top right-hand corner or selecting the various buttons in the menu at the top or in the left-hand corner of the website, corresponding to the various categories: by selecting a category, the various items of that category are displayed;

5.5. Each item published on the Portal includes the product details containing: the product title, illustrating images, product availability, potential product rating, expected delivery date, full technical details, main product characteristics. This information is subsequently summarised when the User, clicking on the icon “cart – go to cart”, views the “cart content” and the products included in the cart: by clicking on each item, the User can have access again to the full product details before proceeding to check out;

5.6. The User acknowledges that the information provided on the Portal and especially the images included in the product details are general in nature and are published for mere illustration purposes, without identifying the item: any images or colours of the products offered for sale may have different effects when viewing the actual product. These differences may be due to the effects of the User’s Internet browser, screen or display settings (brightness, contrast, quality and type of the printer used, etc. etc.);

5.7. The Seller does not sell second-hand, irregular products or products whose quality is lower than the corresponding market standards;

 

6. Price

6.1. The prices of the goods for sale are specified on the website and can be visualised by the User both in the mini-icon representing the item (on the home page or in the window that lists all the items in the selected category/type) and in the full product details. All the prices of the products listed and indicated on the website are in euros and represent an offer to the public within the meaning of art. 1336 of the Italian Civil Code;

6.2. The prices indicated next to each item are valid until they are changed on-line. The Seller reserves the right to change prices at any time, changing the price of the item both in the mini-icon representing the item and in the corresponding product details. The price in force will be visualised by the User by navigating the Portal. The Seller retains ownership of the goods until their price is paid in full;

6.3. The prices of sale are indicated for each product and include VAT and taxes. They do not include delivery charges, to be separately calculated. Shipping charges are displayed after adding the product to the cart, in the window “cart content”: the applicable shipping conditions and charges are shown under the summary list of items included in the cart.

6.4. Information on the conditions, time and costs of delivery can always be visualised by the User in the window “cart content”, which summarises the order and is shown before product purchase is completed or before the order is sent;

 

7. Portal registration

7.1. Website registration is not required to complete on-line purchases;

7.2. The User’s personal data are required, instead, when registering a new account. By clicking on the link “Account” in the top right-hand corner, the User can choose his profile and create a personal control panel where the User can update his data if necessary, check his present and past orders, visualise invoices and ask for product returns;

7.3. Portal registration does not imply an obligation to buy and can be completed only by Users over 18 years of age and who meet, in any case, the appropriate conditions required by law to engage in commercial operations and enter into contracts. The personal data collected (including, but not only, the User’s name, surname, email, date of birth) will be processed in accordance with Legislative Decree 196/03 as amended, for the purposes and within the limits indicated in the Seller’s Privacy Policy. The data supplied must be accurate and must be updated, if necessary. The Privacy Policy on personal data processing is available for Users’ consultation by clicking on the link “Privacy” in the Website’s footer;

7.4. The User who has completed Portal registration will receive a “welcome” message confirming the User’s registration.
The User is responsible for his account and for all his activities as well as for any orders sent from his account. The User is required to give immediate evidence to the Seller of the theft of his credentials or of unauthorised accesses, if any;

7.5. The registered User can always manage his profile by having access to his personal control panel and change his address and/or personal information, visualise past orders, invoices and have access to the product return process;

7.6. The registered User can always view the catalogue of products available for sale, their features, technical details, prices, shipping conditions and charges and any other information for the correct formulation of the User’s purchase intention, as well as his past orders.

 

8. Process for the conclusion of on-line contracts of sale

8.1. The registered User can select the product he intends to buy and add it to his cart by clicking on the “Add to cart” button. Once all the desired items have been added to the cart, the User who intends to make an order must empty his cart by clicking on the “Go to cart” button in the window that appears when hovering the mouse over the cart icon.
The “cart content” page thus appears, summarising the products in the cart that are ready to be bought, with all their details, including their price (per item and the total price), together with any shipping charges and the accepted payment methods: the User can check, save and print the summary page before confirming his order;

8.2. The User who decides to proceed with the order after visualising the summary page, must click on the “Proceed to checkout” button;

After filling out the various fields required for shipping and invoicing purposes and choosing a payment method, the User must read the General Terms and Conditions of Sale and tick the corresponding box to declare he has read, understood and accepted these Conditions. The Terms and Conditions of Sale can always be visualised and consulted by the User by clicking either on the corresponding button in the website footer or on the words (I accept the terms and conditions of sale) in hypertextual format in the text of the box to be ticked;

8.3. To proceed with the purchase, after ticking the box to accept the General Terms and Conditions of Sale, the User must click on the “PROCEED TO PAYPAL” button: the User thus chooses Pay Pal and a window immediately appears where the User can enter his Pay Pal account details. Also in this case, the on-line purchase contract is deemed to be entered into when the User receives the Seller’s confirmation of order acceptance;

8.5. The User will then receive an email of order acknowledgement, containing the summary of his order and confirming the Seller’s receipt of the order, though this message does not amount to the Seller’s contractual acceptance of the order. The on-line purchase contract is deemed to be entered into when the User receives the Seller’s confirmation of order acceptance;

8.6. The email of order confirmation sent by the Seller to the User will contain the order number, summary of items ordered, invoice, the link where to visualise the General Terms and Conditions of Sale and any information necessary to identify the Seller.

 

9. Payment method

9.1. Only the following payment methods are accepted for the products offered for sale by the Seller on the Portal: Pay Pal.

9.2. The User can choose the applicable payment method on the “cart content” page that appears when clicking on the “Go to cart” button before proceeding to checkout. In any case, the accepted payment methods will be listed by the Seller in the summary email that acknowledges the order;

9.3. Every User (whether a Professional Buyer or a Consumer) declares he is fully entitled to use the selected payment method. Every User must make sure that the selected payment method has sufficient funds to cover all shopping costs;

9.4. All communications relating to credit cards and similar payments take place on a specific line set up by the Seller that is secured by an encrypted system. The Seller guarantees the storage of this information with a further security encryption level, in accordance with the current rules on personal data protection.

 

10. Product delivery

10.1.The Seller will send the products bought by the User at the delivery conditions indicated in the window “cart content”;

10.2. The Seller will deliver the goods via Express Courier in 3-7 days (except for products not in stock) running from the day of completion of the on-line contract of sale. The shipping conditions are merely indicative and are not binding: any delivery delay will not entitle the Consumer or Professional Buyer to terminate the on-line contract of sale;

10.3. During shipping, the goods travel at the Consumer’s or Professional Buyer’s risk, so that the Seller will not be liable for any damage to the goods incurred during transport or in case of theft of the goods already delivered to the Carrier;

10.4. For further information on the time of order fulfilment and on how to track shipments via the on-line tracking service, please see the corresponding details in your account.

 

11. Liability of the Seller toward the Professional Buyer. Limits

11.1. The Professional Buyer undertakes to pay the price for the goods purchased thereby at the conditions and terms described above;

11.2. In relation to goods bought by the Professional Buyer on this website, the warranty given by the Seller is limited to that relating to Business2Business purchases and is in accordance with the applicable general rules (art. 1490 et seq. of the Italian Civil Code); specifically, it applies only where the product is used for its intended purpose;

11.3. Any complaints regarding goods ordered and delivered will be accepted only if they are submitted within eight days of receipt thereof by the Professional Buyer. Complaints can be sent by using the following details:Saluber s.r.l. con sede legale in Via M. Verena, 31 36022 S. Zeno Di Cassola (VI) Italy Tel. +39 0424 570321 E-Mail Info@Saluber.Com Partita IVA IT02867470243.

11.4. No product returns are accepted unless they are previously authorised and accepted by the Seller, for example in case of defective products (such defect to be notified within 8 days of discovery thereof). In case of defective products, the Seller will either issue a credit note for the refund of the price paid or will replace the product.

 

12. Consumer’s right to cancel and refund

12.1. In accordance with art. 52, paragraph 2 of the Consumer Code, the Consumer may cancel the on-line contract of sale, without paying any cancellation fees and without giving reasons therefor, within 14 (fourteen) days. The cancellation period ends 14 days after the day when:

1. a) the Consumer or a third party other than the carrier, designated by the Consumer, acquires physical possession of the goods, in case of a contract for the sale of a single good (purchase of a single good);
2. b) the Consumer or a third party other than the carrier, designated by the Consumer, acquires physical possession of the last good, in case of a contract for multiple goods ordered by the Consumer with a single order (Purchase of several goods with the same order) and delivered separately;
3. c) the Consumer or a third party other than the carrier, designated by the Consumer, acquires physical possession of the last batch or item, in case of a contract for a good consisting of batches or multiple items;

12.2. Conditions of enforcement of the right to cancel: to enforce the right to cancel, the Consumer is required to inform the Seller of his decision to cancel this on-line contract of sale in an express statement (for example, a letter sent by mail, fax or email).

To this end, the Consumer may:

1. Submit any other express statement that manifests the Consumer’s decision to cancel the on-line contract of sale, for example by fax, email or registered letter or letter sent by ordinary mail;

12.3. To duly enforce the right to cancel, the Consumer is required to express his intention to cancel the contract, at the conditions set out above, by sending the said statement to the Seller within the final date of the cancellation period: the right to cancel is deemed to be duly enforced if the communication of enforcement of such right is sent to the Seller before the final date of the cancellation period. The burden of proving enforcement of the right to cancel lies with the Consumer;

12.4. To assist the Consumer, please find below the Seller’s contact details:
Saluber s.r.l.
Via M. Verena, 31 36022 S. Zeno Di Cassola (VI) Italy
Tel. +39 0424 570321
Email info@Saluber.Com

 

13. Effects of Consumer’s Cancellation

13.1. In case of cancellation of this on-line contract of sale, the Consumer will be refunded for all payments made to the Seller, including delivery charges (except for any additional charges deriving from delivery conditions differing from the cheaper standard delivery conditions offered by the Seller), without delay and in any case within 14 days of the day when the Seller is notified of the Consumer’s decision to cancel this on-line contract of sale. Such refunds will be made by using the same payment method used for the initial transaction, except as otherwise expressly notified by the Consumer; in any case, no cost will be charged as a result of such refund;

13.2. The refund may be suspended until the goods are received or until the Consumer gives evidence of having shipped back the goods, if this occurred earlier;

13.3. If the Consumer has received the goods covered by the on-line contract of sale, he is required to return them or deliver them toSaluber s.r.l. con sede legale in Via M. Verena, 31 36022 S. Zeno Di Cassola (VI) Italy without undue delay and, in any event, within 14 days of the day when the Consumer communicates cancellation of this on-line contract of sale. The deadline is met if the goods are sent back before the end of the 14-day period;

13.4. All direct costs for the return of the goods will be borne by the Consumer. The maximum cost for such return is estimated to be around 20.00 euros. In any case, the actual cost of return will depend on the conditions of return chosen by the Consumer (for example, the selected carrier or type of shipment);

13.5. If the Seller fails to meet its obligation to provide information on the existence of the Consumer’s right to cancel, on the conditions and time for product return or collection in case of enforcement of the right to cancel, such right must be enforced within 12 months of the end of the initial cancellation period, as indicated in the point above. If the Seller provides the aforesaid information within 12 months of the end of the initial cancellation period, the right to cancel is lost 14 days after the Consumer’s receipt of such information.

13.6. Upon receipt of the communication with which the Consumer communicates his enforcement of the right to cancel, the parties (Seller and Consumer) are released from their mutual contractual obligations, subject to the Consumer’s and Seller’s obligations mentioned above.

 

14. Exceptions to the Consumer’s right to cancel

14.1. The Consumer Code establishes exceptions to the right to cancel; specifically, in case of distance contracts and off-premises contracts, the right to cancel does not apply to:

1. a) service contracts once the service is completely supplied, if the performance started with the consumer’s express agreement and acceptance of the loss of the right to cancel after the Seller’s full performance of the on-line contract of sale;
2. b) the supply of goods or services whose price is connected with fluctuations on the financial market which are beyond the Seller’s control and which can take place during the cancellation period;
3. c) the supply of customised or clearly personalised goods;
4. d) the supply of goods that can deteriorate or go off rapidly;
5. e) the supply of sealed goods that cannot be returned for hygienic reasons or for reasons connected to health protection and that are opened after delivery;
6. f) the supply of goods which, due to their nature, are inseparably incorporated into other goods after delivery;
7. g) the supply of alcoholic drinks whose price is established at the time of conclusion of the on-line contract of sale, which can be delivered only after thirty days and whose actual value depends on market fluctuations that are beyond the Seller’s control;
8. h) contracts in which the Consumer specifically asks the Seller to visit his premises to carry out urgent repairs or maintenance services. Where, on the occasion of such visit, the Seller provides services that go beyond those specifically required by the Consumer or goods other than the spare parts required for such maintenance or repairs, the right to cancel applies to such supplementary services or goods;
9. i) the supply of sealed audio or video recordings or of sealed software that are opened after delivery;
10. l) the supply of newspapers, periodicals and magazines, except for subscription contracts for the supply of such publications;
11. m) contracts entered into at public auctions;
12. n) the supply of accommodation for non-residential purposes, the transportation of goods, car hiring services, catering services or services relating to leisure time where the contract establishes a specific date or period of performance;
13. o) the supply of digital content on an intangible support where the performance stars with the consumer’s express agreement and acceptance of the fact that this implies the loss of his right to cancel.

 

15. Liabilities and obligations of the Seller toward the Consumer: liability for defects, proof of damage and recoverable damages

15.1. The Consumer undertakes to pay the product price at the conditions and terms set out above and to print and keep the email of order confirmation containing the order number, summary of items ordered and General Terms and Conditions of Sale;

15.2. Pursuant to art.s 114 et seq. of the Consumer Code, the Seller is liable for damages caused by defective goods where the Seller omits to communicate to the damaged party the identity and domicile of the manufacturer or supplier of the good, within three months of the corresponding request;

15.3. The aforesaid request by the damaged party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also make the product available for inspection, if still existing;

15.4. The Seller cannot be held liable for damages caused by a defective product if the defect is due to product conformity to a mandatory legal requirement or a binding order, or if the state of scientific and technical knowledge, at the time when the manufacturer placed the product on the market, did not yet allow for the product to be considered as defective;

15.5. No compensation is payable if the damaged party was aware of the defect and of the ensuing danger and nonetheless exposed himself thereto. In any case, the damaged party is required to give evidence of the defect, of the damage and of the causal nexus between defect and damage;

15.6. The damaged party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of a good other than the defective product, provided this is of a type that is ordinarily intended for private use or consumption and is mainly used by the damaged party for this purpose;

15.7. However, damages to goods under art. 123 of the Consumer Code can be recovered only if they exceed the sum of three hundred and eighty-seven euros (387 euros);

15.8. Under no circumstances can the Consumer be held liable for payment delays or errors where the Consumer proves he provided for payment at the terms and conditions indicated by the Seller;

15.9. The Seller cannot be held liable for damages, losses and costs incurred by the Consumer as a result of non-performance of the contract for reasons not attributable thereto, being the Consumer merely entitled to claim a refund of the full price paid and of any ancillary costs borne thereby.

 

16. Warranties and Consumer support

16.1. The Seller is liable for any nonconformity that becomes manifest within two years (24 months) of delivery of the good to the Consumer;

16.2. For the purposes of this contract, it is presumed that consumer goods conform to the contract where the following circumstances are met, as far as applicable: a) the goods are suitable for the use for which similar goods are usually intended; b) they conform to the description given by the seller and have the same qualities as the sample or model presented by the seller to the Consumer; c) they have the quality and ordinary functions of a good of the same type, which the consumer can reasonably expect, taking account of the nature of the good and, as the case may be, of any public statements made by the Seller, manufacturer or its agent or representative, on the specific features of the goods, in particular in the course of product advertising or on the product label; d) they are fit for a special purpose intended by the Consumer and brought to the Seller’s knowledge at the time of contract conclusion and accepted by the Seller, also by its conduct;

16.3. The Consumer loses all rights if he fails to notify the seller of any nonconformity within two months of the day when the defect is discovered. Such notification is not required where the seller acknowledges the defect or conceals it;

16.4. In any case, unless proven otherwise, it is presumed that any nonconformity that becomes manifest within six months of delivery of the good already existed at that date, unless this is incompatible with the nature of the good or the nature of such nonconformity;

16.5. In case of a nonconformity, the Consumer may claim, without additional costs and at the conditions specified below, the repair or replacement of the good bought or a price reduction or contract termination, unless this request is objectively impossible to meet or is excessively burdensome for the Seller within the meaning of art. 130, paragraph 4 of the Consumer Code;

16.6. Such request must be sent in writing by registered letter with advice of receipt or certified email or email to the Seller, which will indicate its availability to meet the request or the reasons that prevent it from doing so, within seven business days of receipt thereof. In the same communication, in case the Seller accepts the Consumer’s request, the Seller will specify the conditions of shipment or return of the good as well as the expected term for the return or replacement of the defective good;

16.7. If product repair or replacement are impossible or excessively burdensome, or if the Seller fails to repair or replace the good within the term indicated in the point above, or if product replacement or repair causes significant inconvenience to the Consumer, the latter may ask, at his option, for a reasonable price reduction or for contract termination. In this case, the Consumer must send his request to the Seller, which will indicate its availability to meet it or the reasons that prevent it from doing so, within seven business days of receipt thereof.

16.8. In the same communication, in case the Seller accepts the Consumer’s request, the Seller will specify the proposed price reduction or the conditions of return of the defective good. In these cases, the Consumer must indicate the conditions for the refund of any sums previously paid to the Seller;

16.9. The Consumer may send any complaints or ask for support and assistance by mail or telephone, fax or email, using the following details:Saluber s.r.l. con sede legale in Via M. Verena, 31 36022 S. Zeno Di Cassola (VI) Italy Tel. +39 0424 570321 E-Mail Info@Saluber.Com Partita IVA IT02867470243

 

17. Use of the Portal and liability of the Seller | Users

17.1. The User uses the services offered by the shop-on-line platform at his own cost: the supply of the PC and Internet connection is to be borne thereby;

17.2. The Seller is not liable for any improper use of the website by Users, for any website disruption or malfunction, and is not liable for disruptions due to events of force majeure where it is unable to fulfil the order within the deadline established in the contract;

17.3. If the contract is not performed for reasons not attributable to the Seller, the latter will not be accountable to the Professional Buyer or Consumer for damages, losses or costs incurred thereby, the Buyer being entitled to claim a refund of the full price and of any ancillary costs borne thereby;

17.4. The Seller is not liable for any third party fraudulent or unlawful use of credit cards, cheques or other means of payment, where it proves it took all possible precautions based on the best state of scientific knowledge and experience at the time and according to a reasonable standard of care;

17.5. The Portal is made available without issuing any guarantee or specific licence: the User assumes all risks connected to the use of the Internet and of computer applications (hardware and software) and must take all basic computer security measures (antivirus, firewall, etc.) to avoid downloading insecure or dangerous material;

17.6. The Seller is not liable and is not accountable for any virus, malicious code or any problem connected with the User’s Internet connection where this is unrelated to the Seller’s actions;

17.7. In particular, the Seller assumes no liability connected with what follows:

1. a) Incompatibility of the Website with the User’s equipment, software and telecommunication connections;
2. b) Attacks affecting the buyer/consumer in the course of Internet navigation (including, but not only, any virus, malicious code, etc.);
3. c) Damages to equipment/software used by the Professional Buyer for navigation, not directly attributable to the Seller;
4. d) Portal disruptions or malfunctions caused by an event of force majeure;
5. e) Disruptions or malfunctions connected to the use of the Internet that are beyond the control of the Seller or of its sub-suppliers, except in case of their wilful misconduct or gross negligence;
6. f) Interruptions in the shop-on-line service;
7. g) Any third party fraudulent or unlawful use of credit cards, cheques or other means of payment at the time of product payment, where the Seller proves it took all possible precautions based on the best state of scientific knowledge and experience at the time and according to a reasonable standard of care.

17.8. Once the on-line purchase process is completed, the User undertakes to print and keep this contract.

 

18. Causes of termination

18.1. The obligations referred to in points 11 and 15, accepted by the parties, are of the essence, so that failure to comply with even only one of such obligations, except where due to unforeseeable circumstances or force majeure, will cause termination of the contract by operation of law under art.1456 of the Italian Civil Code, without the need for a Court measure to this end.

 

19. Contract storage

19.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Consumer and/or Professional Buyer that every order is kept in a digital/paper format at the Seller’s premises or on the information system/computer tools of the Seller’s service suppliers whose relationships are governed by a regular service contract (e.g., Server Farms).

 

20. Intellectual property

20.1. The Seller retains all intellectual property rights in the products offered for sale on the Portal www.t-shirt.it, in particular with respect to models, images, features and specifications of the product and other information that may be accessed by Users and generally by website visitors;

20.2. It is forbidden to copy, sell, take possession of or otherwise share the images that can be visualised on the Portal without the Seller’s prior authorisation. Any violation will be punished in accordance with the applicable rules.

 

21. Personal data protection

21.1.1. The personal data supplied will be processed in accordance with Legislative Decree 196/03, as amended. A full copy of the privacy policy and of the cookie policy is available in the website footer.

 

22. Dispute resolution | Governing law and competent venue

22.1. This contract is governed by Italian laws;

22.2. The contract entered into by the Professional Buyer is governed by the Italian Civil Code, specifically art. 1341 et seq., art. 1470 et seq.;

22.3. Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Professional Buyer declares he has carefully read and hereby approves specifically the clauses referred to in point 15 “Liabilities and obligations of the Seller toward the Consumer: liability for defects, proof of damage and recoverable damages”, and point 22.5 on the competent venue in case of disputes;

22.4. As regards the contract concluded by the Seller and the Consumer, any issue that is not expressly regulated herein will be regulated by the rules of law that apply to the relationships and cases set out in this contract: art. 1341 et seq. and art. 1469 bis, art. 1470 et seq. of the Italian Civil Code and the Consumer Code (Legislative Decree 206/2005) Part 3, Title III, Chapter I which will be fully applied;

1.1. The competent venue for all disputes arising between the Seller and the Professional Buyer relating to the on-line contract of sale or these General Terms and Conditions is the Court in Vicenza;

The competent venue for all disputes arising between the Seller and the Consumer relating to the on-line contract of sale or these General Terms and Conditions of Sale is exclusively that of the consumer’s place of residence or domicile provided it is in Italy, which cannot be derogated from pursuant to art. 66 bis of the Consumer Code.