Terms and conditions of use

Art. 1 definitions

1.1. The term "online sales contract" refers to the contract of sale relating to the movable tangible assets of the Supplier, stipulated between the latter and the Purchaser in the context of a distance selling system using telematic tools, organized by the Supplier .

1.2. The term "Purchaser" means the consumer, a physical person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity performed.

1.3. The term "Supplier" means the person indicated in the epigraph or the lender of information services.

Art. 2 Object of the contract

2.1. With this contract, respectively, the Supplier sells and the Purchaser acquires remotely through movable means the material movable property indicated and offered for sale on the site https://www.asterare.com.

2.2. The products referred to in the previous point are illustrated on the web page: https://www.asterare.com/it/.

Art. 3 Procedures for stipulating the contract

3.1. The contract between the Supplier and the Buyer ends exclusively through the Internet through the Buyer's access to the address https://www.asterare.com/it/ordine, where, following the indicated procedures, the Buyer will come to formalize the proposal for the purchase of the assets the contract for the purchase of the assets referred to in paragraph 2.1 of the previous article.

Art. 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 by completing the form / form attached to the online electronic catalog at https: // www.asterare.com/it//ordini and the subsequent submission of the form / form itself, always after displaying a printable order summary web page, in which the ordering and ordering details are reported, the price of the purchased goods, shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the times of delivery and the existence of the right of withdrawal.

4.2. When the Supplier receives the order from the Purchaser, it will send a confirmation e-mail or display a printable web page to confirm and summarize the order, which will also show the data retrieved in the order. previous point.

4.3. The contract is not considered completed and effective between the parties in default of what is indicated in the previous point.

Art. 5 Methods of payment and reimbursement

5.1. Any payment by the Purchaser may only be made using one of the methods indicated in the specific web page by the Supplier.

5.2. Any reimbursement to the Buyer will be credited by one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the case of exercise of the right of withdrawal, as regulated by art. 13, point 2 and ss. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.

5.3. All communications relating to payments are made on a specific 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.

Art. 6 Delivery times and methods

6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in the point

6.2. Delivery times may vary from the day of order to a maximum of ___ working days after confirmation. In the event that the Supplier is unable to ship within that period but, in any case, within the time specified in the following point, a prompt notice will be given to the Buyer by e-mail.

6.3. Shipping methods, times and costs are clearly indicated and well highlighted at https://www.asterare.com/it/content/8-aeu-legal-shipping-and-payment.

Art. 7 Prices

7.1. All sales prices of the products displayed and indicated on the website https://www.asterare.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 CC

7.2. The sales prices, as per the previous point, include VAT and any other tax. Shipping costs and any additional charges (eg customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and also contained in the web page of the order summary.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.

Art. 8 Product availability

8.1. The Supplier ensures through the electronic system used the processing and processing of orders without delay. To this end, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.

8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the property is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.

8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending an e-mail confirmation to the User, pursuant to point 4.2.

Art. 9 Limitations of liability

9.1. The Supplier assumes no responsibility for disruptions caused by force majeure if he fails to execute the order within the time stipulated in the contract.

9.2. The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside of its own control or that of its sub-suppliers.

9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the failure to execute the contract for reasons not attributable to him, as the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred .

9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the products purchased, if it proves to have taken all the precautions possible based on the best science and experience of the moment and based on ordinary diligence.

9.5. In no case will the Buyer be held responsible for delays or inconveniences in the payment if he proves that he made the payment in the time and manner indicated by the Supplier.

Art. 10 Liability for defects, proof of damage and reparable damages: the obligations of the Supplier

10.1. Pursuant to the articles 114 et seq. of the Consumer Code, the Supplier is liable for the damage caused by defects of the goods sold if he fails to communicate to the Damaged, within 3 months from the request, the identity and domicile of the producer or of the person who supplied him with the good .

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 in view of the product, if it still exists.

10.3. The Supplier cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.4. No compensation will be due if the Injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it.

10.5. In any case the Damaged will have to prove the defect, the damage, and the causal connection between defect and damage.

10.6. The injured party may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, as long as it is normally intended for private use or consumption and so mainly used by the Damaged.

10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).

Art. 11 Guarantees and assistance methods

11.1. The Supplier is liable for any lack of conformity which becomes apparent within 2 years from the delivery of the goods.

11.2. For the purposes of this contract it is assumed that the consumer goods are in conformity with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description given by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) present the quality and usual performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, from the manufacturer or his agent or representative, in particular in advertising or labeling; d) are also suitable for the particular use intended by the Consumer and which has been used by them brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has accepted also for conclusive facts.

11.3. The Buyer 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 that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the defect of compliance.

11.5. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, the repair or replacement of the purchased item, a reduction in the purchase price or termination of this contract, unless the request is not objectively impossible to satisfy or results 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 proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt.

In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of delivery 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 burdensome, or the Supplier has not repaired or replaced the goods within the time limit referred to in the previous point or, finally, the replacement or repair previously carried out caused significant inconvenience to the Purchaser, he may request, at his option, a reasonable price reduction or termination of the CONTRACT. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to carry out the same, or the reasons that prevent him from doing so, within 7 working days of receipt.

11.8. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the reduction of the proposed price or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate the methods for crediting the amounts previously paid to the Supplier.

Art. 12 Obligations of the Buyer

12.1. The Buyer undertakes to pay the price of the goods purchased within the time and manner indicated in the contract.

12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.

12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before the purchase confirmation.

Art. 13 Right of withdrawal

13.1. The Purchaser has in any case 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. In the event that the professional has not fulfilled the information obligations regarding the existence, methods and timing of the return or collection of the goods in the event of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and commences on the day of receipt of the goods by the Consumer.

13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt. at:

ASTERARE

Via Mons. Domenico Brizi, 65

01017 Tuscania (VT)

Italy

Tel. +39 07611919769

Fax +39 07611911224

or by fax to the number +39 07611911224 or by e-mail to the e-mail info@asterare.com, provided that these communications are confirmed by sending an A.R. at

ASTERARE

Via Mons. Domenico Brizi, 65

01017 Tuscania (VT)

Italy

within 48 (forty eight) hours thereafter. The stamp of the post office on the receipt issued will prevail between the Parties. For the purposes of exercising the right of withdrawal the sending of the communication may validly be replaced by the return of the purchased good, provided it is in the same terms. The date of delivery to the post office or shipping agent will be binding between the Parties.

13.4. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the good itself. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in perfect condition.

13.5. The Purchaser 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 risk deteriorating or rapidly altering, supplying newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is not able to control and in any other case envisaged by art. 55 of the Consumer Code.

13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.

13.7. The Supplier will provide free reimbursement of the entire amount paid by the Purchaser within 30 (thirty) days from receipt of the withdrawal notice.

13.8. Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.

Art. 14 Resolution causes

14.1. The obligations referred to in paragraph 12.1, assumed by the Purchaser, as well as the guarantee of successful payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, they are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial ruling.

Art. 15 Protection of confidentiality and processing of Buyer's data

15.1. 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 [1].

15.2. The personal and fiscal personal data acquired directly and / or through third parties by the ASTERARE Provider, the data controller, are collected and processed in paper, IT and electronic format, in relation to the processing methods for the purpose of registering the order and activating in the he compares 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 an effective management of commercial relations to the extent necessary to carry out the service requested as best as possible (art. 24, paragraph 1, letter b, Legislative Decree 196/2003) [2].

15.3. The Supplier undertakes to treat the data and information provided by the Buyer as confidential and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. These data can be shown only upon request of the judicial authority or other authorized authorities by law.

15.4. Personal data will be communicated, subject to the signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.

15.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:

a) updating, rectification or, when interested, integration of data;

b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including data which does not need to be kept for the purposes for which the data was collected or subsequently processed;

c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the event that such fulfillment occurs it proves impossible or involves a manifestly disproportionate use of resources with respect 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 material or direct sales or for carrying out market research or commercial communication.

15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be given.

15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. They will be safely removed anyway.

15.8. The owner of the collection and processing of personal data is the Supplier, to which the Buyer may direct, at the company headquarters, any request [3].

15.9. Anything received by the Center's e-mail address (including e-mail address) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, it must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case no responsibility for the content of the messages may be attributed to the Center.

Art. 16 Method of storing the contract

16.1. According to the art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the Supplier's headquarters according to criteria of confidentiality and security.

Art. 17 Communications and complaints

17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: ASTERARE - Via Mons. Domenico Brizi, 65 -01017 Tuscania (VT), or sent by fax to the number +39 07611911224 or sent by e-mail to the following address ASTERARE - Via Mons. Domenico Brizi, 65 -01017 Tuscania (VT) ,. The Buyer indicates in the registration form his / her residence or domicile, the telephone number or the e-mail address to which he / she wishes to receive communications from the Supplier.

Art. 18 Settlement of disputes

18.1. All disputes arising from this contract will be referred to the Viterbo 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 domicile of choice of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.

Art. 19 Applicable law and referral

19.1. This contract is regulated by the Italian law.

19.2. For what is not expressly provided herein, the laws applicable to the relationships and the cases envisaged in this contract, and in particular the art. 5 of the 1980 Rome Convention.

19.3. According to the art. 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.

Art. 20 Final 

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.

1] Provisions of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 - Simplifications of certain obligations in the public and private sphere with respect to processing for administrative and accounting purposes of June 19, 2008, published in the Official Journal July 1, 2008, n. 152.

[2] General provision of the Guarantor for the protection of personal data Practical guide to 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 person has been appointed by the Company in the person of Mr. I. Castania ".