ART. 1) SCOPE OF APPLICATION OF THE GENERAL CONDITIONS – OBJECT OF THE SUPPLY
1.1) These General Terms and Conditions of Sale (the “Terms”) form an integral part of any sales contract (the “Contract”) which:
(i) is concluded between Campamac Srl Strada Giro della Valle 1, 12050 Barbaresco (CN) (the “Seller”) and a consumer user of the Site www.campamac.com (the “Buyer”);
(ii) has been concluded in accordance with the provisions of Article 2 below;
(iii) has as its object the purchase, through the website www.campamac.com (the “Site”), of the products offered for sale on the same Site, whether they are mass-produced or “unique pieces” made by the Buyer on the basis of the indications provided by the latter by filling in the order form referred to in art. 2.1 letter b) below (hereinafter collectively referred to as the “Products”, unless it is intended to refer only to the unique pieces made by the Buyer, which will therefore be defined as the “Unique Pieces”). It is obviously understood that:
(a) these Conditions regulate the supply of services or the sale of products only to natural persons acting for purposes not related to their professional activity, i.e., as consumers;
(b) these Conditions do not regulate the supply of services or the sale of products to persons who have access to reserved areas of the Site;
(c) these Conditions do not regulate the supply of services or the sale of products by parties other than the Seller, which are present or referred to on the Site through links, banners or other hypertext links and
(d) the Seller shall not be liable for the supply of services or products by the parties referred to in the preceding letter.
(c) or any contractual or extra-contractual relations between the same subjects and the Users of the Site.
1.2) Each Contract shall relate exclusively to the Products expressly and specifically indicated therein, to the exclusion of any other supply of Products, goods and/or services.
The Buyer declares to have read and understood, through their presentation on the Site, the characteristics of the Products, as well as the instructions and warnings provided in relation to the use that can reasonably be foreseen of the aforesaid Products and for which the same Products may reasonably be intended. In addition to this, the Buyer declares that, when using the Products, he will comply with the instructions and warnings on the Products themselves and/or in the packaging through which the Products are delivered.
ART. 2) CONCLUSION AND ENTRY INTO FORCE OF THE CONTRACT
2.1) The Contract is concluded in Italian and is binding on the parties from the moment they have both accepted it. In any case, the Contract shall enter into force provided that the following formalities have been completed:
a) reading and acceptance by means of “point and click” of these Conditions (of which it is also possible to save or print a copy) as well as of the further information contained therein recalled by means of links from the said Conditions;
b) completion in electronic format – by entering all the required data – of the order form that is present on the Site and which contains a summary of the Conditions, information on the essential characteristics of each Product ordered and the relative price (including all applicable taxes or duties), the means of payment that the Buyer may use to purchase each Product, the methods of delivery of the Products purchased, the shipping and delivery costs, the conditions for the exercise of the Buyer’s right of withdrawal, the methods and times for returning the Products purchased (the “Order Form”);
c) electronic shipment to the Seller of the Order Form by the Buyer, who will be asked, before proceeding with the transmission of the Order Form, to identify and correct any errors in entering his data;
d) receipt by electronic means by the Seller of the Order Form sent by the Buyer.
The Order Form will be filed in the Seller’s electronic database for the period of time necessary to process the orders and in any case within the terms of the law. The Buyer (if registered user) will be able to access his own Order Form, by consulting the section of the Site ‘Order List’ within the “user profile”. This is without prejudice to the provisions of art. 11 below.
In addition, once the Contract has been concluded, the Seller shall send the Buyer, by e-mail, a receipt for the purchase order, containing a summary of the information already indicated in the Order Form (concerning the conditions applicable to the Contract, information relating to the essential characteristics of the Products sold and a detailed indication of the price, means of payment, withdrawal, delivery costs and applicable taxes. The order and the receipt are considered received when the parties to whom they are addressed have the possibility to access them.
This is without prejudice to the provisions of articles 2.2 and 5 below.
2.2) The Seller shall have the right not to process purchase orders made in compliance with the provisions of art. 2.1 above in the event that the Seller has not received payment for the Products, the data entered by the Buyer in the Order Form are incomplete and/or incorrect, the Products ordered by the Buyer are not (even temporarily) available or the Unique Pieces that would result from the implementation of the requests made by the Buyer through the Order Form do not comply with safety standards or good technique. In any case, the Seller shall have the right not to proceed with purchase orders made in compliance with the provisions of art. 2.1 above.
In case the Seller does not proceed with a purchase order made by the Buyer, the Seller – promptly and in any case within 30 (thirty) days starting from the day after the one in which the Buyer has transmitted his order to the Seller – shall : (i) inform the Buyer by e-mail of the above and (ii) refund the Buyer the amount already anticipated by the Buyer.
2.3) CAMPAMAC has the right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons; in this case the customer shall be entitled exclusively to the refund of any sum already paid. The obligations taken on by the customer as per article 7), as well as the guarantee of the good end for the payment made by the customer with the means as per article 3), are essential, so that by express agreement, the non-fulfilment, by the customer, of only one of these obligations will determine the termination of the contract as per art. 1456 c.c., without the need of judicial decision, without prejudice to CAMPAMAC’s right to take legal action for the compensation of further damages. The Customer shall have the possibility to modify and/or correct the order until the final confirmation of the same, after which the order shall be considered final and binding for the Customer.
ART. 3) PAYMENT OF THE PRICE
3.1) Payment of the price of the Products may be made by the Buyer on the secure Pay-Pal circuit, by credit card or cash on delivery. The relevant financial information (e.g. credit card number or expiration date) will be managed only by the payment circuits or by the credit institute.
The aforesaid information will also be used by the Seller only to complete the procedures relating to the payment of the Products, to issue the relevant refunds in the event of failure by the Seller to provide the Products or to return the Products following the exercise by the Buyer of the right of withdrawal referred to in article 5 below, or if it is necessary to prevent or report to the police the commission of fraud on the Site.
ART. 4) DELIVERY TERMS – PACKAGING – EXPENSES, TAXES AND DUTIES
4.1) The Products are delivered according to the shipping schedule indicated in the Order Form. This is without prejudice to the provisions of art. 8 below.
4.2) Products ordered by the Buyer are delivered by the Seller to the Buyer with packaging in compliance with the practice of the sector.
4.3) The expenses, taxes and duties, which are entirely borne by the Buyer, are indicated in the Order Form.
4.5) In the absence of specific insurance, the Seller shall not be liable for all damages that may occur to the goods during transport, including theft.
ART. 5) BUYER’S RIGHT OF WITHDRAWAL
5.1) The Buyer shall be entitled to exercise the right to withdraw from the Contract within 10 (ten) working days from the day on which it received the Products purchased on the Site.
The right of withdrawal shall be exercised by sending, within the term indicated above, the return form to the Seller’s head office (Via delle Torri 55 -50142-Firenze) by registered letter with acknowledgement of receipt.
The communication may also be sent, within the same term, by e-mail, provided that it is confirmed by registered letter with acknowledgement of receipt within the following 48 (forty-eight) hours.
The Products must be returned and received by the Seller within 30 (thirty) working days from the date of their receipt.
The only expenses due by the Buyer for the exercise of the right of withdrawal in accordance with this Article 5 are the direct costs of returning the Products to the Seller.
5.2) The right of withdrawal shall be deemed to be correctly exercised by the Buyer if all the following conditions are met:
the Return Form must be correctly filled in and sent to the Seller;
the Products must not have been opened, the packaging seals must not be altered and/or damaged;
the wrappings and labels must be in perfect condition;
the Products must be returned in their original, perfectly sealed packaging.
returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept items of the same order, returned and shipped at different times;
5.3) In the event that the Buyer has exercised the withdrawal in accordance with the provisions of art. 5.2) above, the Seller will refund the full price of the purchased Products, while the shipping costs for the original delivery of the purchased Products will not be refunded, except for the case in which the return of the Products derives from a cause attributable to the Seller. In particular, once the Seller has received the return from the Buyer and checked that all the requirements set forth in art. 5.2 above have been met (i) the Buyer will receive by e-mail the confirmation of acceptance of the return and the Seller will activate the refund procedures to the Buyer within 30 (thirty) working days from the date on which the Seller has become aware of the exercise of the right of withdrawal by the Buyer.
It is obviously understood that the actual time for the re-credit or return of the sums paid by the Buyer for the purchase of the Products will also depend on the credit/debit card used. It is also understood that if there is no correspondence between the recipient of the Products indicated in the Order Form and the person who made the payment of the sums due for their purchase, the refund of the sums deriving from the Buyer’s withdrawal will be made by the Seller to the person who made the payment.
5.4) In case the Buyer has not exercised the withdrawal in compliance with the provisions of art. 5.2) above and the Buyer’s return cannot be accepted because it does not comply with the above mentioned conditions, the Seller shall inform the Buyer by e-mail. In this case, the Buyer may choose, communicating it by e-mail to the Seller, to have the purchased Products back at his own expense; in case the Buyer is not interested, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the Products themselves.
ART. 6) WARRANTY PERIOD
6.1) In relation to any defects in the Products, only a warranty for the replacement of the Products shall apply, with effect from the date of delivery, for a duration of 24 (twenty-four) months from delivery of the Products.
6.2) The warranty consists of the replacement, at the Seller’s expense, of the Products or, where replacement of the Products is impossible or excessively expensive for the Seller, the warranty will consist of an appropriate reduction in price or termination of the Contract (where the degree of non-conformity of the Product is such that a mere reduction in price is not acceptable). All further damages are excluded from this warranty.
Without prejudice to the foregoing, the Buyer may request, at its option, an appropriate price reduction or termination of the Contract in the event of such a reduction:
a) the Seller has failed to replace the resulting defective Products within a period of 90 days;
b) the replacement previously made has caused significant inconvenience to the Buyer.
The Seller shall replace the Products as soon as possible, to be determined from time to time, and has the right to request the Buyer to return the Products and/or the defective parts replaced.
A minor conformity defect for which it has not been possible or is excessively burdensome to exercise the remedies of the replacement, does not entitle the Buyer to terminate the Contract.
6.3) The warranty is subject, under penalty of forfeiture, to the notification of the defect or lack of quality, communicated by the Buyer to the Seller in the forms referred to in article 9, within 60 (sixty) days from the moment in which the Buyer has discovered it.
6.4) The warranty shall in any case lose all effectiveness when changes have been made to the Products by the Buyer.
No responsibility can be attributed to the Seller for damages of any kind that may derive from improper use, bad maintenance and/or behaviour that differs from the instructions and warnings provided by the Seller and present on the Site, on the Products and/or in the packaging through which the Products are delivered.
ART. 7) OBLIGATIONS OF THE BUYER
7.1) The Buyer is obliged to observe absolute confidentiality and not to make any use, even after the end of the Contract, of any technical or commercial information (such as, by way of example only, drawings, prospectuses, documents, formulas, catalogues, user manuals, frequently asked questions, product codes, price lists and correspondence; hereinafter, the “Information”) received by the Seller or however learned during the execution of the Contract or during the execution of orders through the Internet.
7.2) It is understood that access to the Information shall not entitle the Buyer to any rights over the same, therefore any transfer of rights over the Information by way of license or otherwise shall be excluded.
7.3) In consideration of the provisions of art. 7.1 above, the Buyer undertakes not to duplicate, disclose or use the Information, in any form whatsoever, in order to carry out or have carried out activities in competition – even potential – with those of the Seller (even after the end of its contractual relationship with the Seller) directly or indirectly, on its own, through and/or on behalf of third parties.
ART. 8) FORCE MAJEURE
8.1) Force majeure means any unforeseeable act or event, independent of the will of the contractual parties, beyond their control and which cannot be promptly remedied (such as, by way of example, war, including undeclared war, embargo, turmoil, riot, epidemic, fire, sabotage, natural disasters, measures taken by government authorities, strikes called by trade unions, inability to obtain supplies of raw materials, equipment, fuel, energy, components, work or transport services).
8.2) Upon the occurrence of an event of force majeure, the obligations of the parties that cannot be fulfilled due to such cause are automatically extended, without penalty, for a period corresponding to the duration of the state of force majeure; the foregoing, with the exception of the Buyer’s obligation to pay the amounts due by way of payment of the price, for which in any case the previously agreed deadlines remain unchanged.
8.3) Upon the occurrence of an event of force majeure, each of the parties may withdraw in the event that the duration of the event of force majeure is such as to prejudice the performance of the Contract according to a schedule acceptable to the Light of the interests of both parties.
ART. 9) COMMUNICATIONS
9.1) All communications provided for in the Contract, without exception, as well as those which the parties have in any case to make in execution of the same, must be made on pain of ineffectiveness in writing (by which is meant also e-mail).
9.2) Such communications shall become effective when they reach the addresses of the other party, including any e-mail address. Any change of address of one party shall be promptly communicated by the other party.
ART. 10) APPLICABLE RULES OF LAW
10.1) These Conditions and the Contract are governed by Italian law (with the exclusion of the application, in the case of international sales contracts, of the provisions of the Vienna Convention of 1 April 1980 on contracts for the international sale of movable property, as they are not applicable to relations with consumers).
ART. 11) INFORMATION ON THE PROCESSING OF PERSONAL DATA
11.1) For the purposes of Italian legislation on the processing of personal data, the Seller informs the Buyer that the personal data (personal, identification, fiscal and economic data) relating to legal persons entering into relations with the Seller, as well as the personal data of natural persons acting on their behalf, are collected, recorded, rearranged, stored and processed for administrative and accounting purposes. In particular, these purposes relate to the following activities: management of orders and invoices; administration of suppliers; fulfilment of contractual obligations or legal obligations. The aforementioned data may be communicated to third parties, in relation to the purposes for which they were acquired and collected.
Any further information relating to the processing of said personal data by the Seller is available on the Seller’s website, at the “Privacy” address; the Buyer declares to have already received full knowledge of said information when signing these Conditions.
11.2) The foregoing applies as information pursuant to the above mentioned regulations and the Buyer declares to give his consent, for all legal purposes, to the processing of the above mentioned data by the Seller. The Buyer also declares to be fully aware of the text of art. 13 of Legislative Decree 196 of 30 June 2003, also present on the Seller’s website at the address “Privacy” in relation to the “rights of the interested party”.
For further information go to the “Customer Care” area or contact Customer Service by e-mail (firstname.lastname@example.org).
The Buyer, pursuant to and for the purposes of Article 1341 of the Italian Civil Code, specifically approves the clauses contained in the previous articles:
1) Scope of application of the General Conditions – Object of the delivery
2) Conclusion and entry into force of the Contract
3) Payment of the price
4) Delivery terms – Packaging – Expenses, taxes and duties
5) Buyer’s right of withdrawal
7) Buyer’s Bonds
8) Force Majeure – Withdrawal
10) Applicable rules of law
11) Information on the processing of personal data
CAMPAMAC has the objective to guarantee the maximum satisfaction to its Customers and consequently to supply high quality products. To reach this result CAMPAMAC considers fundamental to listen to its Customers’ indications, to know their needs and evaluations. The customer service has just this objective, to allow to communicate directly suggestions, reasons of dissatisfaction and disservice in order to allow us to evaluate the situation in order to take the most appropriate actions to better satisfy your requests or solve possible problems.
In order to communicate with us, disservices, complaints or suggestions to improve the service offered, please send an email with the subject “Customer Service” to email@example.com. In the body of the email you can send us the communications that you consider useful for this purpose.
The data will be processed in compliance with the D.Igs 196/2003. By sending an e-mail with the subject “Customer Service” to firstname.lastname@example.org, you implicitly consent to their processing.