TERMS AND CONDITIONS
SUBJECT OF THE CONTRACT
These contractual conditions apply to "on line" sales contracts stipulated between Stefano Saccani, with head office at P.zza Ghiaia,7 - 43121 Parma - Italy, V.A.T. Registration Number 01857840340, owner of the domain www.saccani.com, and a customer, in the context of a remote sales system organized by Stefano Saccani and subject to the provisions of section II of Italian Legislative Decree No. 206 of 06/09/2005.
The subject of the "on line" sales contract is all the products selected by the customer from those inserted in the Website.
Each individual item in the list by category identifies the product, specifying its essential characteristics and its price, including all duties and taxes and the delivery times and terms.
Offers for the products and the related prices are valid until 31/12/2009.
As well as English, it is possible to use Italian to draw up a contract.
ON-LINE PURCHASING PROCEDURE
The user can browse the catalog, organized by product categories. By selecting a category, the list of products belonging to that category can be viewed.
By clicking on the button "Buy" the user can insert an item in the cart. After clicking, a page appears that lets the user to choose the color he wants.
After the selection, it displays a page showing the list of products included in the cart so far. The number of pieces ordered for each item can be changed on this page.
The "Update" button allows the contents of the shopping cart to be updated, while the "Checkout" button allows the order to be finalized.
By pressing the "Conclude purchase" button, a page opens to allow the user to insert invoicing details and shipping details, if different.
If he’s registered, the user can login from this page using his data and password and the forms will be displayed already compiled with the information. The user may also choose the type of shipping (if more than one is available), and may again change the order, by clicking on the "Update total" button to update the data.
By selecting the "Proceed" button, a new page can be viewed, showing the order details and the invoicing and shipping details inserted.
The shipping costs have been calculated on the basis of the shipping details, and the order total has been updated.
At the bottom of the page, the payment method can be chosen - either bank transfer or credit card - and then "Proceed with payment" is selected.
If the customer chooses "Credit card", then by selecting "Proceed with payment" the customer are connected to the server of the mediating bank (Banca Popolare di Vicenza S.p.A.) and the credit card data are inserted in the Bank's protected environment. At the end of the transaction, if the transaction has been successful, you see a screenshot, and confirmation that payment has been made is notified to the e-commerce system.
If the customer chooses "Credit card" payment, the transaction will be carried out directly on-line, interfacing with the mediating bank's payment system.
The products will then be sent by the method and to the address as indicated by the customer.
The transport cost is calculated automatically, based on the order and the country of destination; the product amount inclusive of shipping costs appears automatically on the order form.
The customer undertakes, before sending the order, to read carefully these contractual conditions and once the on-line purchase procedure, which includes acceptance of the conditions of contract shown here, has been concluded, to provide for printing and/or saving these conditions of contract, which he/she will already have seen and accepted as a compulsory stage in the purchase; this is to comply wholly with the conditions referred to in Article 52 of Italian Legislative Decree 206/2005.
It is forbidden to insert false and/or invented data in the registration procedure needed to activate the process for carrying out this contract. The personal data and e-mail address must be those of the purchaser and not of third parties.
DELIVERY OF GOODS
Stefano Saccani will comply with the delivery times established for each item, starting from the time when the bank has given notice that payment has been made. In any case, Stefano Saccani shall be held to have fulfilled the contract when delivery is made within the time limit provided for by Article 54 of Italian Legislative Decree 206/2005.
According to Article 54 of Italian Legislative Decree 206/2005, in the case where the order is not carried out because of unavailability, even temporary, of the goods requested, Stefano Saccani will inform the customer of this within thirty days from the order and will provide for reimbursement of any sums that have already been paid for payment of the supply.
Except with the purchaser's consent, to be expressed before or at the time the contract is concluded, Stefano Saccani may not fulfill the contract by carrying out a supply different from that agreed upon, even if this is of an equivalent or higher value and quality.
RIGHT OF WITHDRAWAL
According to Article 64 of Italian Legislative Decree 206/2005, the purchaser is entitled to withdraw from the sales contract without penalty and without specifying the reason within the time limit of ten working days from receipt of the goods, as provided for by Article 65, para. 2, letter a) of Italian Legislative Decree 206/2005.
The right of withdrawal can be exercised by sending, within the above-mentioned time limit, a registered letter with advice of receipt to the following address:
Stefano Saccani – P.zza Ghiaia,7 - 43121 Parma - Italy
Notification of the withdrawal may be sent, within the same time limit, also by telegram, telex, electronic mail and fax, on condition that it is confirmed by registered letter with advice of receipt within the following forty-eight hours. The registered letter is understood as sent within the time limit if delivered to the accepting post office within the same time limit.
The advice of receipt is not, however, an essential condition to prove the exercise of the right of withdrawal.
In the same time limit of ten days from receipt of the goods, the purchaser is expected to return the goods purchased, by arranging for them to be sent to the following address:
Stefano Saccani – P.zza Ghiaia,7 - 43121 Parma - Italy
For the purposes of expiration of the time limit the goods are understood as being returned at the moment when they are delivered to the accepting post office or to the forwarding agent. The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The only costs due to the purchaser for exercising the right of withdrawal are the costs involved in returning the goods.
If the right of withdrawal is exercised in compliance with these contractual conditions, Stefano Saccani shall reimburse the purchaser for the sums paid, within the shortest possible time and in any case, according to Article 67 of Italian Legislative Decree 206/2005, within thirty days from the date the goods are returned.
The sums are understood as being reimbursed in the time limits if they are effectively returned, sent or re-credited with currency no later than the expiration of the time limit indicated of thirty days.
For some goods, that are created by hand at the time of the order, on purpose and in single copies for the customer who orders them and who must first send a deposit and then the balance on delivery of the goods, the right of withdrawal does not apply, although all the guarantees regarding defects and flaws remain valid.
Stefano Saccani takes no responsibility for inefficient service that may be ascribed to force majeure such as accidents, explosions, strikes and lockouts, earthquakes, flooding and other similar events that might impede, wholly or in part, the carrying out of the contract in the times agreed.
APPLICABLE LAW, JURISDICTION AND COMPETENT COURT
Any controversy relating to the application, performance and interpretation of this contract is subject to Italian law and jurisdiction. According to Article 63 of Italian Legislative Decree 206/2005 any controversy relating to the application and performance of these contracts stipulated on line is the exclusive competence of the judge in the place of residence or domicile of the consumer if located in the territory of the State of Italy.
If the resident or domicile of the consumer is not located in the territory of the State of Italy, the Parma Court is the court of competent jurisdiction.