GENERAL CONDITIONS TO BUY ON FISHING SHOPPING
These conditions are valid exclusively bettwee the company Armeria Tognini of Tognini Franco, with registered office in Montegrappa streer, 71 – 54037 postal code, Marina di Massa (MS) VAT number: 00517150454 Tax Code: TGNFNC61T16L833X, referred to as "FISHING SHOPPING" and any person who makes purchases online on the website .fishingshopping.it referred after to as "CUSTOMER". These conditions may be subject to change and the date of their publication on the site is equivalent to the date of entry into force These conditions govern purchases made on the site www.fishingshopping.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 - object matter of the contract
With these general conditions of sale, FISHING SHOPPING sells and the CUSTOMER buys at a distance the tangible movables indicated and offered for sale on the website www.fishingshopping.it. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to the address www.fishingshopping.it and the realization of a purchase order according to the procedure provided by the site itself. The customer undertakes to read, before confirming his order, these general conditions of sale, in particular the before-contractual information provided by FISHING SHOPPING and to accept them by placing a flag in the box indicated. In the e-mail confirming the order, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as provided for in art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 - Before-contractual information for the consumer - Article 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER takes note of the characteristics of the goods, which are illustrated in the individual product sheets at the time of selection by the CUSTOMER. Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CLIENT is informed about: - total price of the goods including taxes, with details of shipping costs and any other costs; - payment methods; - the term within which FISHING SHOPPING undertakes to deliver the goods; - conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the type of withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014 (see link); - information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; - existence of a legal guarantee of conformity for the goods purchased; - conditions of after-sales service and commercial guarantees provided by FISHING SHOPPING. The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to FISHING SHOPPING, the geographical address, the telephone and fax number, the e-mail address, information which is given below: Armory Tognini of Tognini Franco Registered office Montegrappa Street, 71 – 54037 POSTAL CODE. Marina di Massa (MS) Telephone/Fax: +39 0585 242857 www.fishingshopping.it
ARTICLE 3 - Conclusion and effectiveness of the contract
The contract of sale is considered concluded with the sending by FISHING SHOPPING to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store a copy of these conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained inside and to promptly notify FISHING SHOPPING of any corrections. FISHING SHOPPING undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the site and the actual product. Furthermore, the photographs of the products presented on www.fishingshopping.it do not constitute a contractual element, as they are only representative. FISHING SHOPPING undertakes to deliver the goods within 30 days from the date on which FISHING SHOPPING sends the e-mail confirming the order to the CUSTOMER.
ARTICLE 4 - Availability of products
The availability of products refers to the actual availability at the time the CLIENT places the order. This availability must however be considered purely indicative because, as a result of the simultaneous presence on the site of multiple users, the products may be sold to other CUSTOMERS before confirming the order. Even after sending the e-mail order confirmation sent by FISHING SHOPPING, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail. If the CUSTOMER requests the cancellation of the order, by terminating the contract, FISHING SHOPPING will refund the amount paid within 14 days from the day in which FISHING SHOPPING became aware of the decision of the customer to terminate the contract.
ARTICLE 5 - Methods of payment
Any payment by the CUSTOMER may only be made by means of the credit cards indicated on the website www.fishingshopping.it, by bank transfer, by Paypal payment method or by cash on delivery. In case of payment by credit card, the actual debit of the amount of the order will be made only when the order is complete and ready for expedition In case of payment by Paypal, the actual charge will be made when FISHING SHOPPING sends the order confirmation e-mail. Communications relating to payment and the data communicated by the CUSTOMER when this is done are on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of the products indicated on the website www.fishingshopping.it are expressed in Euro and include VAT and, where applicable, the Raee contribution. Expedition costs are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process before payment is made. The CUSTOMER accepts the right of FISHING SHOPPING to modify its prices at any time, however, the goods will be invoiced on the basis of the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by FISHING SHOPPING to the CUSTOMER. In the event of a computer, manual, technical or any other error that may result in a substantial change, not foreseen by FISHING SHOPPING, in the retail price, which makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation. ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days from the date of receipt of the products. In case of withdrawal for a purchase made through PayPal the amount will be refunded excluding the transaction fees incurred which have been charged to us by PayPal itself. The CUSTOMER who intends to exercise the right of withdrawal must notify FISHING SHOPPING by explicit declaration, which may be sent by registered letter with return receipt. The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is given below (see link): Model withdrawal form pursuant to Article 49(1)(h) (Please fill in and return this form only if you wish to withdraw from the contract) Armeria Tognini di Tognini Franco Montegrappa Street, 71 54037 postal code, Marina di Massa (MS) Telephone/Fax: +39 0585 242857 E-mail: firstname.lastname@example.org I hereby notify the withdrawal from my contract of sale of the following goods - Ordered on . . . /received on . . . - Consumer name Consumer’s address - Consumer’s signature . . . (only if this form is sent on paper) - Date . . . In case of exercising the right of withdrawal, the CUSTOMER must return the goods within 14 days from the day on which he informed FISHING SHOPPING of his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned to Armeria Tognini of Tognini Franco Montegrappa Street, 71 54037 Marina di Massa (MS). In the case of withdrawal with return of the product at the point of sale, it is not necessary to create the practice of return online. The direct costs of returning the products are borne by the CUSTOMER. The goods must be returned intact, in their original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. . ) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, FISHING SHOPPING will refund the amount of the products subject to withdrawal within a maximum of 14 days, including any expedition costs. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, FISHING SHOPPING may suspend the refund until the goods have been received or until the CUSTOMER has demonstrated that he has returned the goods to FISHING SHOPPING. FISHING SHOPPING will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In case of payment by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide FISHING SHOPPING with the bank details: IBAN, SWIFT and BIC necessary to make the refund, by FISHING SHOPPING. In case of withdrawal for the purchase made by gift card Gift Card, the amount will be returned to the CLIENT with a gift card Gift Card identified with a promotional code that will be sent to the email address of the CLIENT. The Tognini Gift Card can be used by the CUSTOMER for subsequent purchases in one go.
ARTICLE 8 - Legal guarantee of conformity
In the event of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to have the conformity of the product restored at no cost by repairing or replacing the product. The CUSTOMER may exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to FISHING SHOPPING within two months of discovery. FISHING SHOPPING, in case of defective or non-compliant product, will arrange, at its own expense, to collect the product, subject to availability of the CUSTOMER.
ARTICLE 9 - Commercial guarantee
All products presented on the website www.fishingshopping.it benefits, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product sheets of the articles. To benefit from the warranty service, the CUSTOMER must keep the invoice, which can be printed by accessing the "My orders" section of the "My account" space.
ARTICLE 10 - Methods of delivery
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by FISHING SHOPPING.
ARTICLE 11 - Responsibility
FISHING SHOPPING does not assume any responsibility for inefficiencies attributable to force majeure or fortuitous events, even if dependent on malfunctions and inefficiencies of the Internet, in the event that it is unable to execute the order in the time provided by the contract.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether they are sound or visual, and the technology used in them remain the property of FISHING SHOPPING and are protected by intellectual property rights.
ARTICLE 13 - Cookies
The website www.fishingshopping.it uses "cookies". Cookies are electronic files that record information relating to the navigation of the CUSTOMER in the site (pages consulted, date and time of consultation, etc. . . ) and that allow FISHING SHOPPING to offer a personalized service to its customers. FISHING SHOPPING informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the customer to proceed with the purchase online. For more information Privacy
ARTICLE 14 - Integrity
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more of the provisions of these General Terms and Conditions of Sale is considered invalid or declared invalid under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 - Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of Massa. In any case, it is possible to make optional use of the mediation procedures provided for in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these terms of sale by accessing the following site: https://webgate. ec. europa. eu/odr . General terms and conditions of sale updated on October 14th 2017