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ATTENTION OUR WAREHOUSE CONTAINS MORE THAN 80,000 ITEMS IT MAY HAPPEN THAT A PRODUCT IS INDICATED ON THE SITE AS AVAILABLE WHILE IN REALITY IT IS NOT SO. IF A PRODUCT YOU CHOSEN IS NOT IN STOCK AND IS NO LONGER AVAILABLE IN THE EVENT OF PAYMENT BY YOU YOU WILL BE PROMPTLY REFUNDED.
TERMS AND CONDITIONS OF SALE
Supplier identification
The goods covered by these general conditions are offered for sale by ROCKANDFOLK Sas, with headquarters/branch in TURIN, via Bogino n. 4, registered with the TURIN Chamber of Commerce under no. 03951610017 REA TO - 602599 of the Business Register, VAT number 03951610017
hereinafter referred to as the "Supplier".
Article 1
Definitions
1.1. The expression "online sales contract" means the sales contract relating to the Supplier's tangible movable property, entered into between the latter and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier .
1.2. The term "Buyer" means the natural person consumer who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term "Supplier" means the subject indicated in the epigraph or the subject providing the information services.
Article 2
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic means the tangible movable property indicated and offered for sale on the website www.rockandfolk.com.
2.2. The products referred to in the previous point are illustrated on the web page: www.rockandfolk.com.
Article 3
Method of signing the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet through the Purchaser's access to the address www.rockandfolk.com, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Article 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or with the compilation of the form/module attached to the online electronic catalog at the address www.rockandfolk. com and the subsequent sending of the form/module itself, always after displaying a printable order summary web page, which shows the details of the orderer and of the order, the price of the goods purchased, the shipping costs and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Article 5
Methods of payment and reimbursement
5.1. Each payment by the Purchaser can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2. Any reimbursement to the Purchaser will be credited using one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Article 6
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in point
6.2. Shipping times may vary from the day of the order to a maximum of ___ working days from confirmation of the same. In the event that the Supplier is unable to carry out the shipment within said term but, in any case, within that indicated in the following point, the Purchaser will be promptly notified by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at www.fornitore.com/modalitàcostitempiordini.
Article 7
Prices
7.1. All sales prices of the products displayed and indicated on the website www.rockandfolk.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the civil code
7.2. The selling prices, referred to in the previous point, are o inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding the order by the Purchaser and also contained in the order summary web page.
Article 8
Availability of products
8.1. The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in its electronic catalog the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Supplier's computer system confirms the order registration as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
Article 9
Limitations of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent or 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 demonstrates that it has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
Article 10
Liability for defects, proof of damage and recoverable damages: the Supplier's obligations
10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to inform the Injured Party, within 3 months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods .
10.2. The aforementioned request, by the Damaged 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 for viewing the product, if it still exists.
10.3. 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 moment in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the injured person was aware of the defect in the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
Article 11
Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within 10 days of delivery of the goods.
11.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the Seller c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) they are also suitable for the particular use desired by the Consumer and which was made by them
brought to the attention of the Seller at the time of conclusion of the contract and chand the Seller has accepted also for conclusive facts.
11.3. The Purchaser loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 10 days of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of 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 is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate reduction of the price or the termination of the
contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser's responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.
Article 12
Buyer's obligations
12.1. The Purchaser undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Article 13
Right of withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt. at the address _VIA BOGINO 4 TORINO 10123 or by e-mail to rockfolk@rockandfolk.com, provided that such communications are confirmed by sending a registered letter with return receipt. at VIA BOGINO 4 TORINO 10123 within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be authentic between the Parties.
13.3. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.4. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly, of the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control should reach the Center's postal address (even electronically), (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to rights of others and truthful, in any case no responsibility can be attributed to the Center for the content of the messages themselves.
Article 16
How to store the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.
Article 17
Communications and Complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Via Bogino 4 TORINO 10123, or sent by e-mail to the following address rockfolk@rockandfolk.com. In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
Article 18
Dispute settlement
18.1. All disputes arising from this contract will be referred to the TURIN Chamber of Commerce and resolved according to the Conciliation Rules adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Article 19
Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases set forth in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Article 20
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.
[1] Requirements of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 – Simplifications of certain obligations in the public and private spheres with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal of 1 July 2008, n. 152.
[2] General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.
[3] "Unless a manager has been appointed by the Company in the person of Mr. __________".