General conditions of Sale
TYPICAL CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS
These general online sales conditions (hereinafter GCS) govern the purchase and sale contract (hereinafter the "Contract" of the products, hereinafter, the "product" or "products") offered by Rebecca srl with headquarters in Potenza Picena (MC ), Regina state road 3.31 km, 62018 Potenza Picena registered with the Macerata Chamber of Commerce at no. MC 189428, Tax Code / VAT number 02484770694 hereinafter referred to as "Supplier" - through its website www.mobilirebecca.it (hereinafter "the site") to customers.
All purchases of Products made through the Site by users who access it are governed by these General Conditions as well as by the Consumer Code (Legislative Decree no. 206/2005), modified by Legislative Decree no. 21/14 section II Distance contracts (articles 50 - 67) and by the rules on electronic commerce (Legislative Decree 70/2003).
Before placing the order, the customer declares that he has read the General Conditions of Sale, and declares that the purchase of this product has no professional activity, since their purchase is intended for personal use.
- 1. Object
With this contract, Rebecca srl sells and the customer remotely purchases the movable tangible assets indicated and offered for sale on the website www.mobilirebecca.it using telematic tools.
- 2. Materialisation of the contract
The contract between Rebecca srl and the customer is concluded exclusively through the internet by accessing the customer at www.mobilirebecca.it, where following the procedures indicated, the customer will formalize the proposal for the purchase of the goods. .
- 3. Reception of the order
The purchase contract is concluded by the exact compilation of the request form and the consent to the purchase manifested through the adhesion sent online or by filling in the form attached to the online electronic catalog at www.mobilirebecca.it / orders and the subsequent sending of the form itself, after viewing a printable web page of the order, which contains the details of the sender and the order, the price of the purchased good, the shipping costs and the any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question in the cases provided for by the Contract in the articles "Right of withdrawal" and "Execution of the order"
Orders and / or changes to orders made verbally or by telephone must be confirmed in writing by the customer. Otherwise, Rebecca srl assumes no responsibility for any errors or possible misunderstandings.
- 4. Acceptance of the order
The supplier reserves the right not to confirm an order for reasons relating to a problem of supply of the goods.
The supplier is not responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. The supplier is also not responsible for any damage caused to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
5. Methods of payment and refund
The customer who intends to purchase the products must express his will through a request made directly on the site, in the dedicated section, following the procedures indicated, after receiving the payment, the supplier will send the order within 24 hours.
Each payment by the customer can only be made by one of the methods indicated: credit card, bank transfer, paypal, postepay, cash on delivery.
Any reimbursement to the customer will be credited to the same payment method used for the original transaction, as regards cash on delivery, this can be credited differently after agreement with the customer, the refund will be made in a timely manner and in the event of exercise of the right of withdrawal, and following of this contract at the latest within 14 days from the date of the request.
In case of non-receipt of payment, Rebecca srl reserves the right to cancel the order.
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all precautions possible based on the best science and experience of the moment and on the basis of ordinary diligence.
Payment data will be processed through a secure server-to-server connection through the use of the SSL protocol (Secure Sockets Layer)
Refunds for returned orders paid on delivery will be made by bank transfer or Paypal.
The cost of marking a return is not refunded under any circumstances.
- 6. Product availability
The supplier ensures the processing and fulfillment of orders without delay through the electronic system used. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times. If an order exceeds the quantities existing in the warehouse, the supplier by email will inform the customer if the goods are no longer bookable or what are the waiting times to obtain the chosen goods, asking if he intends to confirm the order or less.
Some products are not handled directly by us, but are shipped exclusively by dropshipping and shipping times may vary. Currently, the products we dropship are all references within the 'Beds and Mattresses' section of our online shop.
7. Prices and Invoices
The sales prices of the products displayed and indicated on the website www.mobilirebecca.it are expressed in Euros and include Italian VAT and constitute an offer to the public pursuant to art. 1336 c.c.
The prices are those published on the site and are final; where not expressed all prices include shipping costs. In the event of discounts being applied, the customer will find it expressly indicated on the product page, before adding the item to the cart. For each order placed on the website www.mobilirebecca.it, the supplier issues a receipt of the shipped goods.
To request the invoice for the order placed, the customer must send an email to the following address: firstname.lastname@example.org, at the time of purchase (art. 22, paragraph 1, n. 1) of the Presidential Decree n. 633/1972) specifying personal data and any VAT number or tax code.
It is also possible to request a proforma to be entitled to the "mobile and / or restructuring bonus".
In the event of an IT, manual, technical or any other error that could lead to a substantial change, not foreseen by the supplier, in the sale price to the public, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and the amount paid by the customer will be refunded in the following 48h.
- 8. Delivery
Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer within 24 hours. Once the shipment has taken place, you will receive an automatic email notification with the relative tracking number to monitor the status of the shipment. If the payment is made by bank transfer, the package will be delivered to the courier after crediting the bank. Delivery refers to the street level unless otherwise indicated and upon communication of the additional costs of the accessory delivery services. The supplier undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier in charge of transporting them.
If the courier passes and does not find anyone for the delivery, he will leave a notice of non-delivery, he will pass again in the next 24 h for a new delivery attempt. If the customer is not found even on the second attempt, the order will be taken to the warehouse or to an Access Point where the customer can go there for collection within the following 7 days. If the order has not yet been shipped, you can change it by contacting our customer service directly on 0733 672081 from Monday to Friday from 9.00 to 13.00 and from 14.00 to 18.00. Alternatively, you can write to email@example.com highlighting the order number in the subject.
The supplier delivers throughout Italy, in the islands and in the disadvantaged postcodes without distinction, delivery times for some areas may vary and 24 hours may not be respected. Rebecca srl also makes delivery abroad.
The delivery document issued by the dated and signed carrier will be proof of delivery of the goods in question.
In case of delays due to adverse weather conditions, transporters' strikes, and causes of force majeure, the supplier does not consider himself absolutely responsible.
If anomalies are found in the receipt of the order, the customer must accept the package with reservation and immediately contact Rebecca srl via email, we will resolve the problem and open a complaint with the courier.
- 9. Collection of products in case of absence of the customer.
In case of absence of the recipient, the carrier will leave a notice of passage to the delivery address indicated by the customer and attempt delivery again two more times. If the attempts fail, the products can be collected at the courier's access points and / or at their offices within and no later than 7 days from the non-delivery. In case of non-collection within the deadline set by the carrier, the products will be returned to Mobili Rebecca which reserves the right to refund the price of the products, leaving the shipping costs to be paid by the customer.
- 10. Disclaimer
The supplier does not assume any responsibility for disservices attributable due to force majeure, in the event that it is unable to execute the order within the times provided for in the contract. The Supplier cannot be held liable to the customer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the internet outside of its own control or that of its sub-suppliers. The Supplier will also not be liable for damages, losses and costs incurred by the customer as a result of the non-execution of the contract for reasons not attributable to him, having the customer entitled only to the full refund of the price paid and any accessory charges incurred. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
In no case can the customer be held responsible for delays or misunderstandings in the payment if he proves to have carried out the payment in the times and ways indicated by the Supplier.
- 11. Liability for defect, proof of damage and compensable damages: the obligations of the supplier.
Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured person, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied the goods. . The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer has put the product into circulation, did not yet allow the product to be considered defective.
No compensation will be due if the injured party has been aware of the defect of the product and the danger that derives from it and nevertheless has voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the injured party. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred eighty-seven euros (387 euros).
12. Customer obligations
The customer agrees to pay the price of the goods purchased in the times and ways indicated in the Contract. Once the online purchase procedure has been completed, the customer undertakes to print and keep this contract. The information contained in this contract has, however, already been viewed and accepted by the customer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
13. Right of withdrawal
The customer has the right to withdraw from the contract, without any penalty and without specifying the reason no later than 14 days from the day on which the customer or a third party acquires physical possession of the property.
In order to be able to return the purchased items within 14 days, it is necessary to send an email to: firstname.lastname@example.org or by filling out the form that you will find below. In the communication it is necessary to indicate the recipient's contact details, the order number and the date of receipt. Subsequently, the buyer will be responsible for returning the purchased goods to the following address:
Via dell'industria n.17
62017- Porto Recanati (MC)
In the event of impossibility, we offer the labels to be affixed to the package received, at this point you just need to go to a UPS point and deliver the package. The cost of shipping will be deducted when the refund is made, the cost of this service varies according to the volume and the place of collection. We will choose the cheapest courier for you!
The product is considered returned when it returns to our warehouses, the substantial integrity of the product will be an essential condition for exercising the right of withdrawal, the customer must in fact return the product properly packaged and packed. Mobili Rebecca does not accept returns damaged by the customer for inexperience.
If the customer exercises the right of withdrawal in accordance with the provisions of these conditions of sale, Mobili Rebecca will reimburse the sums paid within 48 hours of receipt of the object, as required by the legislative decree 6/9/2005 n.206 and by art.55 of the Consumer Code. Unless otherwise agreed, the refund will be issued on the same payment method used by the customer for the original transaction.
The consumer is solely responsible for the decrease in the value of the asset resulting from a manipulation of the latter other than that necessary to establish the nature, characteristics, and functioning of the asset. In case of use of the right of withdrawal only for a part of the order, only the price of the returned products will be refunded.
In case of partial withdrawal of the order, the customer who benefited during the initial order of free shipping for having exceeded a minimum order value, may be charged for the shipping costs corresponding to the order placed if the latter is of lower value than the minimum purchase required to obtain free shipping.
In the event of damage due to the inexperience of the consumer, we reserve the right to withhold from the refund the equivalent necessary for the refreshment of the product. (Cd "Messner sentence" implemented in recital 47) Directive 83/2011 / EC), nothing is due in the event that the damage was produced by the courier and was previously documented by sending photographic support material within 7 days from receipt of the good itself.
(pursuant to art. 49, paragraph 1, letter h. Consumer Code)
Complete and return this form only if you wish to withdraw from the contract
To Whom may concern
I notify the withdrawal of my contract of sale of the following goods:
Relating to the order Order number on / and received on / /
at the address: name surname
In (street / square / avenue / etc.) N °
City Postal Code Province
Send the completed and signed form to email@example.com
- 14. Guarantees
The supplier is liable for any non-compliance that occurs within two years of delivery of the goods.
For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, particularly in advertising or on labeling; d) are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts.
The customer forfeits all rights if he does not report the right of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
In any case, the products sold benefit from the legal guarantee against hidden defects provided for by articles 1641 and following of the Civil Code.
In the event of a lack of conformity, the customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request it is not objectively impossible to satisfy or is excessively expensive for Rebecca Furniture pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent in writing, by registered letter, to Mobili Rebecca, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if Mobili Rebecca has accepted the customer's request, it must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
If the replacement is impossible or excessively expensive, or Mobili Rebecca has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the customer, he may ask , at your option, a reasonable reduction in the price or termination of the contract. In this case, the customer must send his request to Mobili Rebecca, which will indicate its willingness to act on it, or the reasons that prevent it from doing so, within seven working days of receipt.
- 15. Protection of personal data
The Supplier protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
Personal and tax personal data acquired directly from Mobili Rebecca, the data controller, are collected and processed in paper, IT, telematic form, in relation to the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art.24, paragraph 1, lett . b, Legislative Decree no. 196/2003).
The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only upon request of the judicial authority or other authorities authorized by law.
Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely:
the right to obtain:
- a) updating, rectification or, when interested, integration of data;
- b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
- c) the certification that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment occurs proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
- i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
- ii) to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6 The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
The owner of the collection and processing of personal data is the Supplier, to whom the buyer can direct any request at the company headquarters.
Anything received by the Center's e-mail address (also electronic) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not in violation of the rights of others and truthful, in any case no responsibility can be attributed to the Center for the content of the messages themselves.
- 16. Intellectual property
The Mobili Rebecca brand as well as any and all intellectual works, distinctive signs or denominations, images, photographs, written or graphic text and more generally any other intangible property protected by international laws and conventions on intellectual and industrial property , reproduced on the Site www.mobilirebecca.it remain the exclusive property of Rebecca Srl and / or its assignors, without the Customer having any right to access them from the Site and / or from the Stipulation of the Purchase Agreements. Any use, even partial, of the same is prohibited without the prior written authorization of Rebecca Srl and / or its assignors, in favor of which all the related rights are reserved exclusively.
- 17. Integrity of the contract
These conditions of sale constitute the entirety of the obligations of the parties.
- 18. Invalidation
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and value.
- 19. Communications and complaints
Written communications directed to Mobili Rebecca and any complaints will be considered valid only if sent to the following email address: firstname.lastname@example.org. We will reply as soon as possible and in any case within 48 working hours.
- 20. Settlement of disputes
All disputes arising from this contract will be defined by the Macerata Chamber of Commerce and resolved according to the Conciliation Rules adopted by the same.
If the parties intend to refer the matter to the ordinary judicial authority, the competent court is that of the place of residence or elected domicile of the consumer, mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree 206/2005
Pursuant to Article 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he can lodge a complaint via the European Union ODR platform reachable at the following link http://ec.europa.eu/consumers / odr. The ODR platform is an access point for users who wish to resolve disputes arising from sales contracts or online services out of court. For more information contact: email@example.com,
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n.206 (c.d.c.), the customer can make use of the Joint Conciliation procedure.
The procedure can be started if the consumer, after submitting the complaint to the company, within thirty days, has not received a response or has received a response not deemed satisfactory by him. The customer who decides to use the Joint Conciliation procedure is obliged to send the application to the address: firstname.lastname@example.org or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazioen-Paritetica.kl.
- 21. Applicable law
This contract is governed by Italian law.
Although not expressly provided for here, the legal provisions applicable to the relationships and cases provided for in this contract apply, and in particular to Article 5 of the Rome Convention of 1980.
Pursuant to art. 60 of Legislative Decree 206/05, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/05 is expressly referred to here.
- 22. Contacts
For any communication you can contact us at the following numbers:
Via dell'industria n.17
62017- Porto Recanati (MC)
tel .: +39 0733/672081