These general conditions of sale govern the online purchase of products Ltd. Phoenix made through the site www.hulashop.it
- Site Registration
- Conclusion of the Sale and Purchase Agreement
- Availability of Products
- Price and shipping costs
- Placement of the Orders
- Payment methods
- Shipping and delivery of Products
- Right of withdrawal
- Flaws / defects Products
- Errors and / or inaccuracies in the On-Line Shop
- Intellectual property
- Governing Law and Jurisdiction
The terms and expressions listed hereunder shall have the meaning given below, it being understood that the terms defined in the singular is considered defined even in the plural and vice versa.
- Customer: any person (natural or legal person) who purchases one or more products through the On-Line Shop, accepting the General Conditions.
- Fenice Srl: a company based in 88900 Crotone (KR), Via L. Gallucci 19, IVA 03174530794 - REA KR 174263- email@example.com
- Parts: jointly Fenice Srl and customers.
- General Conditions: the general conditions of sale and any future new versions that will be published in the On-Line Shop by Fenice Srl.
- Shop On Line: a virtual shop, managed by Fenice Srl and accessible at URL www.hulashop.it, through which you can buy the products.
- Sale and Purchase Agreement: the purchase and sale of the Products, in accordance with art. 4. between Fenice Srl and customers through the On-Line Shop.
- Orders: purchase orders for products sent by customers, in accordance with the General Conditions and following the procedure laid down in Article. 7.
- Order Confirmation: the e-mail message through which the Fenice Srl communicates to customers the receipt of orders.
- Price: the selling price of the products as shown in the On-Line Shop with reference to each Product.
- Products: the products published in the On-Line Shop for their sale.
- Profile: the area of On-Line Shop where Customers are allowed, following authentication to: (i) monitor and update their personal information and addresses where the ordered Products are to be shipped and delivered; (Ii) view previous Orders; (Iii) access to any other specific function related to their activities in the On-Line Shop.
2.1 The General Conditions apply to the relationship between the customer and the Fenice Ltd for the purchase of products from time to time for this purpose made available in www.hulashop.it site.
2.2 Fenice Ltd reserves the right to modify at any time the Terms of Sale, on the understanding that will be considered applicable to sales contracts between the customer and the Fenice Ltd. (the "Purchase Agreement") ever published in the site www.hulashop .it (on 'Shop online') when sending the purchase of products proposals (the 'Orders') by Customers.
2.3 In case of conflict between the General Conditions of Sale and any other terms or conditions of the Sale and Purchase Agreements published in the On-line Store will apply the terms and conditions more favorable for customers.
The purchase and sale contracts concluded by accessing www.hulashop.it site are governed by Italian law and in particular by Legislative Decree no. 9 April 2003 n. 70 (Implementation of Directive 2000/31 / EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce); by Legislative Decree no. 6 September 2005, n. 206 (Consumer Code), as subsequently amended and supplemented, and by the European Directive 83/2011.
The guarantee of conformity of goods is regulated in accordance with Art. 49 Legislative Decree 206/2005.
3 Site Registration
Recording with "username" and "password" is mandatory and has the advantage of storing the historian and the traceability of its orders.
4 Conclusion of the Sale and Purchase Agreement
4.1 Fenice Ltd. undertakes to send the Order Confirmation to the Customers within 3 working days from receipt of the Orders from the Customers.
4.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause. 4.1, the relevant Order shall be deemed as rejected by Fenice Ltd and thus have no effect. Fenice Ltd is not liable for malfunctions by the operator of the data transmission network.
4.3 By placing the orders customers recognize and claim to have read all the instructions provided during the purchase process and accept the General Conditions of Sale and to have read all the information contained in the Shop Online.
4.4 The Orders will be recorded in the database of the shop on line, in the manner and subject to the provisions of LD. June 30, 2003 n. 196 ( "Privacy") and will be available by contacting Fenice Ltd to references in art. 1 or by accessing the folder for your profile that contains personal information ( "Your Account").
5 Availability of Products
5.1 Subject to the provisions of art. 5.2, in reference to each Product published in the On-line Store, Fenice Ltd indicating whether: (i) is available at its stores; (Ii) it is not available at its stores.
5.2 All products are subject to availability. Fenice Ltd reserves the right to vary the type and availability of the products published in the On-line Store without implying any responsibility for Fenice Ltd towards clients.
5.3 The indication of the availability of products is not binding, provided that the products listed as "not available" pursuant to art. 5.1 (ii) they can not be ordered by customers. In case of unavailability of one or more products listed as available at the time the Order is placed by a customer, the Fenice Ltd, without prejudice to the provisions of art. 5.2, agrees to give prompt notification by e-mail to the customer, offering an alternative and possibly freezing the payment if made by credit card or Paypal
In such a case, subject to the right of withdrawal referred to in art. 10, the customer can supplement or confirm the order within 48 hours following receipt of the e-mail, answering the same. Unless it receives no response from the customer less than 48 hours, the Fenice Ltd will proceed to complete the sending of the basket. In case of payment by credit card Fenice Ltd will process the payment at the time of the order and the products not available to the customer will be refunded immediately.
6 Price and shipping costs. Taxes and duties
6.1 Product prices are in € (Euro). The price applicable is that published in the Online Shop at the time the Orders are placed by the Customers. Fenice Ltd tries to ensure that all prices listed in the Online Shop is accurate, but can not guarantee the absence of errors. In the event that was deferred and an error in the price, Fenice Ltd will give the customer the option of reconfirming the order in the manner provided for in Article. 5.3 above.
6.2 The price is inclusive of VAT if the Products are delivered inside the European Union.
6.3 The price does not include shipping costs. Fenice Ltd reserves the right to request that the Customers bear part of the costs which may vary depending on the type of delivery, the quantity of products to be delivered, the volume, the weight and the destination.
6.4 The contribution requested by Phoenix srl for the shipping costs are indicated separately from the price, before the Order by the Customers and will be paid by the Customers jointly with the payment of the price as set forth in art. 7.
6.5 Any fees, taxes, duties and other charges provided by the laws of the State when the products are shipped and delivered will be entirely borne by the Customers and those paid on delivery of the products directly to the tax or customs authorities responsible.
7 Placement of the Orders
7.1 In order to proceed to place the Orders, Customers are invited to register in the shop on line by entering all the "mandatory" data and by selecting a password to send orders and to access, even at a later time, your Account.
7.2 The Customers may purchase the Products by selecting them in the section of the Online Shop dedicated to the Product category searched and putting them in the "basket". When the Products the Customers wish to purchase are more than one, the same procedure as above shall be repeated by clicking on "continue your shopping." Once the selection of products, customers must, if they have not already done so earlier, to register in art. 3 or, if already registered, you must log in using your email address and password in the spaces provided and click "sign in." The correctness of the data relating to the product / the chosen / i and "sending information", the Customers must choose the method of payment referred to in art. 8. Choosing the method of payment, the Customers may proceed to place the Orders by clicking on "Complete my purchases."
8 Methods of payment
8.1 The Customers may pay the price of the selected products and the contribution for the shipping costs in art. 6 above by credit card, PayPal. Fenice Ltd reserves the right to change, at any time, the means of payment used by the Customer, provided that will be considered used those published in Shop Online at the time the Orders are placed by the Customers.
8.2 In case of payment through PayPal, at the time the Orders are placed by the Customers, the web session will be transferred to PayPal's secure website. On that Web site, customers can complete the payment of the price and the contribution for the shipping costs in art. 6, above, using their PayPal account and according to the conditions of use of the PayPal service. If you do not have a PayPal account, after a free registration or data entry of your credit card (also prepaid cards accepted), you can make payments Fenice srl. The charge of the price and the contribution for the shipping costs on Customers' PayPal account occurs simultaneously with the by Fenice Ltd of the Order Confirmation.
8.3 In case the customer needs the invoice, you must enter your social security number at the time of purchase, whether it is private or VAT number of the customer in case of company. In order to issue the invoice, to the information provided by the Customers. No change in the bill will be possible after its issuance by Fenice Ltd.
8.4 Any information received by Fenice Ltd will only be used to complete the procedures relating to the sale of the Products and to the reimbursement procedures in case of exercising the right of withdrawal referred to in Art. 10 by the Customers.
9 Shipping and delivery of Products
9.1 Being understood that "shipping" of by Fenice ltd Products means the delivery of the same to from time to time couriers selected, Fenice Ltd is not required the shipment of Products until it has received payment of the price; once received the payment of the price, Fenice Ltd undertakes to ship the Products: (i) in the case of basket (as defined under. 5): - within 3 working days from the time it was made available to Fenice Ltd the payment information occurred. (Ii) in the event of supervening unavailability of a product indicated as available at the time the Order by the Customer, the Fenice Ltd will notify by e-mail to the customer, offering an alternative if possible, freezing the if payment made by credit card. In this case the Fenice Ltd will give the customer the opportunity to confirm or supplement the Order according to the procedures in art. 5.3 above.
9.2 Fenice Ltd guarantees the shipment of products, in the countries indicated in the shop on line, via express mail from time to time selected depending on the Product ordered and the place of destination. The Products are shipped by Fenice Ltd and delivered by the courier selected by Fenice Ltd at the address indicated by the Customers at the time of recording in art. 3 or at different address specified at the time the Order in accordance with the procedures of Art. 7 above.
9.3 Fenice Ltd will do everything in its power to ensure that the Products shipped pursuant to art. 9.1 and 9.2 are delivered by couriers selected in Italy within 72 hours from the date of shipment;
9.4 The delivery terms in art. 9.3, can not, in any case, be considered binding, and the Fenice Ltd, unable to directly monitor the deliveries of products subsequent to shipment, can not be held in any way responsible for their failure to comply.
9.5 In order to allow customers to follow the progress of Orders, Fenice Ltd shall issue an Order number which, once inserted in the "My Orders", accessible from the "My Account", allows you to verify all information concerning the Orders .
9.6 Customers can always check the status of orders through the online tool "Order Tracking" provided by the courier selected by Fenice Ltd for delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by Fenice Ltd by e-mail.
9.7 The Customer, or other parties appointed by the Customers who are at the address indicated for delivery of the Products in the Order Confirmation, are required to check, on delivery, the packaging of the Products is intact, not damaged or wet or otherwise altered, including the sealing materials.
9.8 Any damage to the parcel / package of the Products must be immediately claimed by the Customers by means of a control written reservation on the proof of delivery courier. It is understood that, once signed the document courier without any claim, the Customer can not raise any objection to the Fenice Ltd with reference to the appearance of what was delivered.
9.9 The Products may be delivered by couriers only to the Customers or to people he appoints; the subject to which the Products are delivered must affix a signature to authenticate the delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or other similar places.
9.10 As defined in Article 10.9. 63 of Legislative Decree 206/2005:
a. In contracts that impose on the professional obligation to arrange for shipment of the goods the risk of loss or damage to goods, for reasons not attributable to the seller, is moved to the consumer only when the consumer or a third appointed by him other than the carrier, enters physically in possession of the goods.
b. However, the risk passes to the consumer as early as the time of delivery of the goods to the carrier unless it has been chosen by the consumer and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier.
10 Right of withdrawal
10.1 Should Customers who are "consumers" (ie a person who acts for purposes not related to business, commercial, craft or professional activity eventually carried out), customers have the right, pursuant to and for the purposes of Art. 54 of Legislative Decree. N. 206/2005 (Consumer Code), to withdraw from the Sale and Purchase Contracts within 14 days from the date of receipt of the Products of the Sale and Purchase Agreement (the "Right of withdrawal"). The right of withdrawal must be exercised by the Customer by sending a written communication to the Fenice Ltd, by e-mail, at the address set forth in art. 16, using the template made available at the following link: http://www.hulashop.it/pages/modulo-di-recesso
10.2 In the event of exercise by customers of the Right of withdrawal Customers undertake to return the products within 14 working days from the date of receipt of the goods. All costs related to the return of the Products are entirely borne by the Customers.
Fenice Ltd will refund the price of the products in the shortest time possible, and in any case within 14 days of receipt of notice of withdrawal under Article. 10.1, provided that:
- the Products have been returned and are intact;
- both also returned packaging / original package of products and is intact;
- They are also returned any accessories and are intact;
- the Products have not been used.
Fenice srl will communicate to customers the price of reimbursement and may, to this end, request that the Customers the relevant banking data (IBAN and the c / c).
10.3 Should the Customers not exercise the right to withdraw in accordance with terms and the terms set out in this Article. 10, Customers are not entitled to a refund of the price.
11 Flaws / defects Products
11.1 Should the Products bear any faults / defects they must be denounced by the Customers directly to the Fenice Ltd.
11.2 The Customers have recognized the consumer's rights under Article. 130 of Legislative Decree no. 206/05 (Consumer Code); these rights must be exercised in the terms of art. 132 of the Legislative Decree no. 206/05.
Fenice Ltd declares and guarantees that personal data shall be processed in accordance with the provisions set forth in Legislative Decree no. 196/03 and subsequent amendments and additions. Details of the treatment of data are communicated to the Customers at the time of registration referred to in art. 3.
Also in accordance with Art. 7 of the Legislative Decree:
You have the right to obtain confirmation as to whether or not personal data concerning him, even if not yet recorded, and their communication in intelligible form.
2. You have the right to obtain information:
a) the origin of personal data;
b) the purpose 'and mode' of processing;
c) the logic applied in case of processing with the aid of electronic instruments;
d) the identity of the owner, manager and the representative appointed under article 5, paragraph 2;
e) subjects or categories of persons to whom the data may be communicated or who may come to knowledge in designated representative in the State, managers or agents.
3. You have the right to:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including those whose retention is not 'necessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement It proves impossible or involves a manifestly disproportionate to the protected right.
4. You have the right to object, in whole or in part:
a) for legitimate reasons the processing of personal data concerning himself 'relevant to the purpose of collection;
b) to the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
13 Errors and / or inaccuracies in the Shop Online
Fenice Ltd undertakes to constantly check the www.hulashop.it site in order to avoid errors or inaccuracies. However, it is possible that the www.hulashop.it site, or might in time, errors, inaccuracies or omissions, some of which may refer to the price and availability of the product, and the details of the Products itself. Fenice Ltd, therefore, reserves the right to correct any errors, inaccuracies or omissions contained www.hulashop.it site even after it has been sent an Order and also reserves to change or update information at any time without prior notice to Clients.
14 Intellectual Property
All intellectual property rights, such as trademarks and copyrights, related to the Online Shop (including its contents) are the exclusive property of Fenice Ltd.
The www.hulashop.it site and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked or utilized in any way without the prior written consent of Fenice Ltd.
15 Governing Law and Jurisdiction
15.1 The General Sales Conditions constitute the set of rules that will apply to the purchase of the products (the "Products") through www.hulashop.it site. Conditions of Sale are made in accordance with the regulations on contracts concluded away from business and, in particular local, in accordance with the provisions of Legislative Decree no. 9 April 2003 n. 70 (Implementation of Directive 2000/31 / EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce); by Legislative Decree no. 6 September 2005, n. 206 (Consumer Code), as subsequently amended and supplemented, and by the European Directive 83/2011.
15.2 The access to www.hulashop.it site conditions are governed by Italian law and shall be interpreted in accordance with Italian laws.
15.3 The Customer accept the exclusive jurisdiction of the Italian courts. For any action arising out of or related to the General Conditions of Sale, the navigation and use of the site, you will be exclusively settled by the Court of residence or domicile of the consumer.
For more information and assistance on www.hulashop.it site or on the online purchases customers can directly contact Fenice Ltd through customer service by sending an e-mail firstname.lastname@example.org or by calling 320 7670141 pm 16:30 to 18:00.