CEMON SRL ON LINE SALE CONDITIONS
An on line contract of sale and purchase is a contract whose objects are goods and/or services, a contract stipulated between a supplier and a customer within a system of distance selling, organized by supplier using the network.
Art. 1 – Object of general conditions of selling
These General Conditions of selling discipline the selling of products marketed on website http://www.cemon.eu, by “Cemon Srl” company, registred in Chamber of Commerce of Naples REA n° 00401420633 - P.I. 00401420633, main office in Naples, Viale Gramsci, 18.
All contracts, stipulated through the site above mentioned and following the procedures indicated therein, will be regulated by these General Conditions, that are integral part of the contracts. Moreover all the transactions will be regulated by provisions related to Legislative Decree 6 September 2005 n.206, for the protection of consumers on the subject of distance contracts and by provisions of Legislative Decree 196/2003, on the subject of electronic commerce, and they will be regulated by provisions of Legislative Decree 196/2003, concerning the privacy safeguard.
Art. 2 – Conclusion of the contract
In order to stipulate a contract whose aim is buying the products marketed by “Srl Cemon” it is necessary to sign up or register a personal account on website http://www.cemon.eu, to fill correctly the available order form and to click the “Complete the order” button.
Carrying out an order, the Customer states that he examined all the indications provided during the procedure of buying and accepts totally the general conditions and the payment coditions transcribed hereinafter.
Forwarding an Order corresponds to proposing a buy that “Srl Cemon” can accept or refuse. Actually the contract becomes binding for both parts only when “Srl Cemon” sends an e-mail to the Customer. This e-mail confirms the order of buy and contains the order code and the summary of the card of the order. If the order is not accepted, the Customer will be contacted by e-mail, phone or ordinary post.
If the Customer is a natural person , in order to carry out an order, besides being reachable via e-mail or by phone, he has to be of age.
Art. 3 – Availability of products
If the ordered products are temporarily not available, the Supplier has to inform the Customer promptly, also in order to arrange, in case of confirmation of the order, the delivery terms of the Products when they will be available.
In case of unavailability of some ordered Products, “Srl Cemon” will deliver the other Products chosen by the Customer. In this case, the partial delivery of ordered Products is valid and the Customer cannot refuse the delivery.
Art. 4 – Prices and delivery charges
The Price of Products is indicated in every single product card in the Store section.
All the sale prices are shown on the website http://www.cemon.eu. The prices are given in euros, including VAT and other taxes. The prices that have to be payed are indicated on website when the buying Order is sent by the Customer.
The shipping and delivery charges are at the expense of the Customer and are explicitly highlighted when the order is carried out.
“Srl Cemon” is able to deliver abroad, but possible additional costs are at the expense of the Customer, according to the rules laid down in the destination State.
For every order is issued an invoice, sent by mail or e-mail to the holder of the order, according to the art. 14 D.P.R. 445/2000. For the issue of the invoice, the information provided in the order by the Customer are valid.
Art. 5 – Terms of products Payment
The buyed products can be paid according to the terms shown in the payment section that is Credit Card, Prepaid Card Transaction managed by GestPay service of Banca, contextually to the conclusion of the on line transaction the banking–house authorizes only the amount related to the buy carried out. This amount is charged on the Credit card of the Customer only on delivery.
The Credit Cards accepted are all the cards supported by Visa.
The cancellation of an order is possible until the shipping of goods, in this case the Supplier will require the cancellation of the transaction and the clearance of the established amount.
After requiring the cancellation of transaction in no case the Supplier can be considered responsible for possible damages, direct or indirect, caused by the delay in non-clearance of the established amount from the bank system.
It’s in the power of Supplier requiring from the Customer integrative information or the sending of a copy of documents proving the titularity of the Card used, in order to protect the Customer. In no case “Srl Cemon” is able to know entirely or partially information concerning Credit Card of the buyer. Information concerning Credit Card is managed at top-level security, directly on the inside of the banking-house managing the transaction (Bank ). Data concerning Credit Cards, Prepaid Cards or other cards aren’t contained, stored or elaborated in archives belonging to the Supplier. For these reasons “Srl Cemon” cannot be considered responsible for possible fraudulent or unlawful use of credit cards by third parties.
Art. 6 – Products Delivery
Products delivery will be carried out to the address registered on the Order Form. Products delivery will take place within the term communicated to the Customer with the confirmation of the Order. This term is more indicative than essential, anyway in favour of Supplier, so it doesn’t cause the falling into arrears.
The Customer will acquire the titularity of ordered Products and the consequences determined by laws only on delivery. The shipping note, properly signed, will be the prove that the delivery has taken place.
Art. 7 – Right to rescission
According to art. 64 and followings of Legislative Decree 206/2005 (Consumer Code), if the Customer is a consumer (that is a natural person who buys goods not for his job, in other word without indicating a VAT number in the purchase form) he can rescind the buying contract for whatever reason and without explanations.
The right to rescission cannot be exercised by legal person or by natural person acting for trade purposes. Moreover the right of rescission cannot be exercised for purchase made by retailers or by people who buy for reselling to third parties for whatever reason.
In order to exercise the right of rescission, the Customer has to send by registered mail with advice of receipt a written communication within 10 working days since when the goods were received.
The commmunication of rescission can be sent within the same term by telegram, telex, e-mail and fax, on condition that the communication is confirmed by registered mail with advice of receipt not later than the following 48 hours. The communication has to be addressed to: Cemon Srl - Viale Gramsci,18 - 80122 Napoli.
Goods have to be returned by the customer and at his own expense, within 10 days after the date of delivery.
Goods, the right of rescission is exercised for, must not be damaged and must be returned in their original packaging.
The customer is responsible for the carriage charges and risks involved in the restitution. “Srl Cemon” will not accept modified or damaged products that will be returned to sender with increase of carriage charges.
Goods have to be sent at the expense of Customer not later than 20 days after the date of receiving to the following address: Cemon Srl - Viale Gramsci,18 - 80122 Napoli.
Seller will return the whole amount paid for buying goods that are returned by sending a non-negotiable cheque within 15 days after the date of receiving or, in the case of payment via credit card, by charging off the debit amount, anyway within 30 days after the datem in wich “Srl Cemon” found out about rescission. Additional charges are excluded from refund.
When goods are delivered, Customer must check packages integrity and the correspondence, both quantitative and qualitative, with what is indicated in the delivery note.
If the packaging is visibly different, damaged or opened, Customer must refuse goods and write down in delivery note the ascertained anomalies. All that has to be communicated to “Srl Cemon” via fax or registered mail with advice of receipt within 7 days otherwise Customer looses the right to goods replacement.
If the courrier delivers a packaging visibly damaged, Customer can accept goods “with a reservation”, writing down in delivery note “Goods with a packaging visibly damaged”, otherwise Customer looses the right to goods replacement.
Customer must contact, within 8 days, the Customer Service that opens a damaging practice for goods replacement.
The right to rescession is attributed only to Customer-Consumer, that is a natural person who buys goods not for his job, in other word without indicating a VAT number in the purchase form
Art. 8 – Customer Duties
After ending the on line buying procedure, Customer must print and keep these General Conditions, read and acceted before.
It is absolutely forbidden to enter false data during the procedure of recording, which is necessary to perform the contract and forward communications. Customer must enter his true personal data and e-mail address.
Customer must collect ordered goods. If the package is not collected, Customer must pay 100,00 Euros besides charges for carriage and goods in stock.
Art. 9 – Warrantees provided on the Customer side
Customer warrants the truthfulness of data provided at the acceptation of these General Conditions, so he can be easily identified and assumes all the responsabilities, while Supplier cannot be considered responsible for any prejudicial consequences. Any change of provided data must be communicated to Supplier in writing, vai e-mail too.
Customer warrants that “Srl Cemon” is not responsible for emission of fiscal documents which are incorrect because the data provided by customer were incorrect: only the Customer is responsible for the correct recording.
Art. 10 – Limitation of responsability
“Srl Cemon” is not responsible for any delay in products delivering for circumstances that cannot be attribuable to “Srl Cemon”.
Aniway “Srl Cemon” responsability for delay in delivery cannot exceed the total of shipping charges sustained by Customer.
Excepting Seller fraud and gross fault, as from now it’s established that if it is confirmed the responsability of “Srl Cemon” for non-fulfilment of obligations stipulated with Customer concerning the performance of an order - “Srl Cemon” responsability will not exceed the price of products the Customer buyed and for whom the contestation started.
“Srl Cemon” is not responsible for possible fraudulent and illicit use made by third parties concerning credit cards and other ways of payment, when the products are paid. During all the procedure of buy, “Srl Cemon” is not able to know the credit card number of buyer, because there is a protected connexion and the number is directly transmitted to supporting Bank, payment service manager.
Art. 11 – Contract Termination and expressed resolutive clause
“Srl Cemon” reserves the right to terminate the contract stipulated, only sending a communication to Customer. In this case Customer has the right to ask only for the returning of the sum already paid. Obligations assumed by Customer according to art. 8 and the warrantee of the successful conclusion of payment, performed as described in art. 5, they are essential, so, by expressed pact, the non-fulfilment on the side of the Customer of one of those obligations causes the termination of the contract by right ex art. 1456 c.c., without necessity of delivery of judgement. “Srl Cemon” has the right to take legal proceedings in order to obtain compensation for further damages.
Art. 12 – Efficacy
The possible invalidity or inefficacy of one or more contractual clauses doesn’t invalide the validity or efficacy of other contractual clauses.
Art. 13 – Conferring and treatment of personal data
Personal data are collected in order to enregister the Cutomer and activate the procedure related to him for the performance of this contract and relating necessary communications. Personal data will be communicate only to delegates for fulfilment of activities necessary to the performance of the stipulated contract, so they will be diffused only for these purposes. Moreover, they will be shown at express request of judicial authorities or other ones authorized by law.
However Customer filling the buy Order can expressly accept that the data contained in it can be transferred to other companies of the group in order to receive information about services or products. If Customer doesn’t want the transferring of his data to the mentioned companies he has to mark his refusal in the section of the Order Form.
For the utilization of personal data, “Srl Cemon” respects the laws contained in Legislative Decree 196/2003 and all the rights that these laws attribute to the Customer as regards the treatment of personal data.
In particular, Customer can asks for the existence of his data to “Srl Cemon”, he has the right to know their origin, the logic and the purposes for their treatment, to get the update, rectification and integration, to ask for the cancellation, transormation in an anonymous way or the blocking in case of illicit treatment; to oppose to their treatment for illegal purposes or in the case of use of personal data in order to send advertising material, commercial information, market research, direct selling and interactive commercial communication.
PersonaI data marked in Order Form will be collected, stored and elaborated by Cemon Srl, owner of the treatment.
Art. 14 – Jurisdiction
Any controversy concerning application, performance, interpretation and breach of buying contracts stipulated on line through the website is submitted to Italian jurisdiction; excepting cases provided for art. 63, Legislative Decree n. 206/2005, any controversy between parties concerning application, performance, interpretation and breach of this contract will lie within the competence of Court of Naples.
Art. 15 – Customer Service
For any communication or request of information it’s possible to contact :
- by phone: phone number 081 2482376 from 9.00 to 18.00, from Monday to Friday;
- by ordinary mail: Cemon Srl Viale Gramsci,16 80122 Napoli.
- by e-mail: g.amarone@cemon.eu referring the Order number assigned when the oreder was concluded and reported in the order confirmation sent by e-mail.
According to artt. 1341 - 1342 C.C. Customer states that he has read and he accepts all the clauses related to the following articles of the General Conditions of selling on website www.cemon.eu: 8 (right to rescission); 9 (warrantees provided on the Customer side); 10 (limitation of responsability); 11 (contract termination and expressed resolutive clause); 12 (efficacy).