General conditions of sales contract
General conditions of the sales contract pursuant to art. 1341, c. 1 of the annex (Civil Code) to Royal Decree 262/1942
[ https://opusruri.it/ ]
Opus Ruri srl, with VAT position and tax code no. 01637230432, registered office in via Domenico Concordia, snc - Macerata (MC), hamlet. Piediripa, 62100, telephone contact '+39 0733 203220', e-mail contact 'firstname.lastname@example.org' and certified e-mail contact 'email@example.com', agent as seller (from here on, the Seller ), has drawn up and rendered these general conditions of sale contract, pursuant to art. 1341, c. 1 of the annex (Civil Code) to Royal Decree 262/1942, entitled 'Approval of the text of the Civil Code' (hereinafter, the Civil Code ).
The Navigator (physical person) who can be classified as a private citizen, acting as buyer (hereinafter, the Buyer ), is required to read and understand these general contract conditions of sale, pursuant to the same art. 1341, c. 1 of the Civil Code, before completing the purchase of one or more products offered on the aforementioned website, stipulating the underlying distance contract with the further protection conferred on him/her by his/her qualification as a consumer, pursuant to art. . 3, l. a) of Legislative Decree no. 206/2005 (hereinafter, the Consumer Code ): in light of the above, no Buyer will be authorized to complete the electronic purchase process without having expressly approved the aforementioned general conditions.
Art. 1: Object
The object of these general sales contract conditions consists of the online sale of food supplement and cosmetic products offered by the Seller in the various relevant sections of the aforementioned website, the gross prices of which (including both VAT and any additional costs, including transport costs, will be commensurate with the promotions presented from time to time), as well as the relevant image(s), the relevant description and the relevant details, are expressly reported in the specific sheet relating to each of the same, as required by the art. 6, from the art. 7 and art. 9 of the Consumer Code.
However, the Seller reserves the right to temporarily suspend or permanently interrupt the provision of the online sales service illustrated here at any time, promptly providing public communication, without any obligation to specify the motivation for such a decision.
Art. 2.A: Seller's Obligations - Delivery
As provided - on the one hand - by art. 1476, n. 1) and art. 1477, cc. 1 and 3 of the Civil Code and - on the other - by art. 61, cc. 1 and 2 of the Consumer Code, the Seller will take care of delivering the product(s) purchased by the Buyer in a timely manner, ensuring that the same(s) arrive at the physical address indicated by the same Buyer on site. of the electronic purchase process, as can be monitored in the relevant section of the aforementioned website:
- in Italy, the only destination currently available, within 5 days of completing the purchase and, in any case, from Monday to Friday of the relevant week.
The purchased product(s) will be delivered inside one or more closed boxes sealed with an anti-theft label.
The aforementioned delivery will be considered completed by the Seller in Italy, the only destination currently available, at the time of physical availability of the purchased product(s) by the Buyer , rather than by the Recipient possibly indicated by the same during the electronic procedure of purchase, at the physical place indicated by the same Buyer in a similar location, beyond any possible stock: in this regard, once the same exists, the carrier will contact the Seller so that the latter agrees on a new date and a new delivery time with the Buyer and, if it is not possible to agree on such new date and time or, once the same have been agreed, the Buyer is again unavailable, the aforementioned purchased product(s) will be promptly returned to the Seller .
Art. 2.B: Seller's Obligations - Warranty
As provided - on the one hand - by art. 1476, n. 3) and art. 1490, c. 1 of the Civil Code and - on the other - by art. 129, cc. 1, 2, ll. a) and b) and 3, ll. a), c) and d) of the Consumer Code, the Seller will ensure that the product(s) purchased by the Buyer are not characterized by defects that affect their use and/or value.
To this end, the Buyer will be required to immediately verify, upon completion of delivery, the integrity of the aforementioned anti-burglary label and the packaging, as well as the coincidence between the number of products delivered and the number of products indicated in the summary document of the purchase and, following this conclusion, within 24 months of the same, pursuant to art. 133, c. 1 of the Consumer Code, the integrity of the product(s) purchased, possibly writing - in case of awareness of one or more possible discrepancies of a similar type - within 26 months of the aforementioned conclusion, pursuant to art. 133, c. 3 of the Consumer Code, an email to 'firstname.lastname@example.org' to report such discrepancies, so that the Seller is required to intervene - on the basis of the autonomous decision communicated promptly by the same Buyer - with:
- the new delivery - within 5 days of receipt of the faulty purchased product/s - at the same time as one or more non-faulty products coinciding in characteristics with the faulty purchased product/s, unless such delivery is not qualified - through timely specific communication - as impossible or disproportionate by the Seller , pursuant to art. 135-bis, cc. 1, 2 and 3 and of the art. 135-ter, cc. 1 and 2 of the Consumer Code; or
- the partial or total refund - within 3 days of receipt of the purchased defective product(s) - to the repeatedly mentioned Buyer of the price previously paid by the same, possibly obtaining termination for non-fulfilment of the underlying distance contract, subject to unless such resolution is qualified - by timely specific communication - as disproportionate in light of the slight extent of the aforementioned discrepancies by the Seller , pursuant to art. 135-bis, cc. 1, 4 and 5 and of the art. 135-quater of the Consumer Code.
In any case, the Seller will promptly satisfy the Buyer 's autonomous decision, promptly communicating via e-mail the details of the carrier specifically selected for the return of the faulty purchased product(s), as well as the collection date. by the same: in any case, the Buyer must print and apply to the relevant box the transport document drawn up and forwarded in the aforementioned e-mail by the Seller , whilst remaining responsible for the related transport costs.
Art. 2.C: Obligations of the Seller - Protection of personal data
The Seller will take care of fulfilling its obligations regarding the protection of personal data in a timely manner, on the basis of the information for the Navigator (physical subject) and - possibly - also of the information for the Recipient (physical subject) whose reading and understanding the Buyer 's authorization to complete the electronic purchase process will be conditional, similarly to what is established in these general conditions of the sales contract.
Art. 3: Buyer's Obligations - Payment
As required by the art. 1498, c. 1 of the Civil Code, the Buyer will pay the price (including VAT and any additional costs) indicated in the individual sheet of the selected product or calculated as the sum of those indicated in the various sheets of the selected products in a timely manner, following the relevant electronic sub-process placed at the conclusion of the electronic purchase process, in a preparatory manner to the start of delivery of said product(s) selected by the Seller : in fact, the same Seller will not start this process until it receives the payment in question, except for payment by cash or bank draft referred to in point '3)' below.
In particular, the Buyer may make such payment by:
- bank transfer to the IBAN indicated in the purchase summary document, issued by the Seller at the end of the electronic purchase procedure and promptly transmitted by the same to the same Buyer at the e-mail contact provided in the same place by the latter, to pursuant to the art. 51, c. 7, l. a) of the Consumer Code: in any case, this bank transfer must be made by the Buyer within 5 days of the conclusion of the aforementioned electronic purchase procedure, otherwise the Seller will obtain the resolution of the underlying distance contract;
- credit card used through one of the electronic payment platforms made available during the aforementioned relevant electronic sub-process by the Seller : however, when using such credit card the Buyer will be required to provide the hosting assistant ( electronic payment) specifically selected the number (consisting of 16 digits), the expiry date and the security code of the same - personal data processed in a manner fully compliant with its obligations regarding the protection of personal data by this assistant - for then be redirected, once a positive outcome has been obtained, to a specific confirmation web page within the aforementioned website, proclaiming the completion of the purchase, unless there is a negative outcome (by way of example, for due to a technical problem), which will instead imply the re-direction of the same Buyer to a specific error web page within the same website, proclaiming the non-completion of the purchase, as well as the relevant reasons;
- cash delivered to the transporter or - in case of manifestation of a similar desire through interaction with the relevant function in the aforementioned electronic sub-process (payment) - bank draft payable to the Seller and delivered to the transporter, upon completion of delivery to the physical location indicated by the Buyer during the electronic purchase procedure, without prejudice to the charge in this case of an additional cost of €4.90.
Art. 4: Rights of the Seller - Termination due to supervening impossibility
As required by the art. 1463 of the Civil Code, the Seller has the right to obtain termination due to supervening impossibility of the underlying distance contract within 5 days of its conclusion, in the event of verification of unexpected exhaustion of the product(s) selected by the Buyer or of the existence of one or more causes of force majeure, taking care to promptly reimburse the same Buyer the price previously paid by the same.
Art. 5.A: Buyer's Rights - Invoice relating to the purchase
The Buyer has the right to receive via e-mail - in the event of an express request made during the electronic purchase process - in a timely manner, once the same electronic purchase process has been concluded, the invoice relating to the same purchase from the Seller .
However, in the absence of the aforementioned formulation during the electronic purchase procedure, the Buyer will not be able to exercise the right in question following the conclusion of the same.
Art. 5.B: Buyer's Rights - Withdrawal
As required by the art. 52, cc. 1 and 2, l. b) and art. 54, c. 1, l. b) of the Consumer Code, with the exception of products selected by the Buyer which are not suitable for return for hygienic reasons or related to health protection, if they have been opened following completion of delivery, pursuant to art. 59, l. e) of the Consumer Code , the same Buyer has the right to obtain the withdrawal of the underlying distance contract within 14 days from the conclusion of delivery of the purchased product(s) (in particular, of the last product purchased, in case of multiple deliveries relating to a single purchase), by writing an e-mail to 'email@example.com', without any obligation to specify the motivation for such a decision: in this case, both the Seller and the Buyer will not be more obliged to fulfill the obligations deriving from the underlying distance contract, pursuant to art. 55 of the Consumer Code.
Then, the Seller will take care - within 14 days of receiving the notice of withdrawal - of refunding the Buyer the price previously paid by the same, by sending a bank transfer to the IBAN indicated in the relevant e-mail written by the same Buyer , pursuant to of the art. 56, c. 1 of the Consumer Code.
Then, furthermore, the Buyer will take care - within 14 days of sending the notice of withdrawal - of returning the purchased product(s) to the Seller , specifically selecting a carrier and bearing the related transport costs, pursuant to the art. 57, c. 1 of the Consumer Code: in this regard, the same Seller will not be required to complete the aforementioned refund until such refund is completed by the same Buyer , pursuant to art. 56, c. 3 of the Consumer Code.
However, the Buyer will also be required to compensate the Seller for any damage caused to the product(s) purchased, if such damage is in no way compatible with the ordinary handling of the same product(s) purchased/ i aimed at ascertaining the inherent characteristics, pursuant to art. 57, c. 2 of the Consumer Code.
Art. 5.C: Buyer's Rights - Complaint
As required by the art. 49, c. 1, l. v) of the Consumer Code, the Buyer has the right to propose a complaint to the Seller by writing an e-mail to 'firstname.lastname@example.org', promptly reporting the existence of one or more discrepancies (with respect to the provisions of the underlying contract remotely) with reference, by way of example, to the fulfillment of the delivery and/or guarantee obligation by the same Seller .
Art. 6: Execution
For anything not expressly regulated by these general sales contract conditions, please refer to the relevant provisions of the Civil Code and the Consumer Code not expressly cited here.
Date: _09_ / _01_ / _2023_
The legal representative of the Seller: _Federico_Cannelli_