Precontract report and general conditions applied to online sales on www.onegrafix.com

Informative report

The Buyer declares explicitly and before hand to be buying for reasons other than their own commercial or professional business.

Seller’s Identification
The goods included in these general conditions are sold by Onegrafix di Marco Sossini, registered at the Chamber of Commerce of Trieste with VAT number 01330830322, from here on indicated by “Seller”.

Art. 1 – Definitions

With the expression “on line sale contract”, we intend the sale of the Seller’s material goods, stipulated between him and the Buyer within a system of distance selling by means of telematic instruments, organized by the Seller.

1.2 With the expression “Buyer” we intend the phisical person and consumer that buys, according to this contract, for reasons that cannot be attributed to their commercial business or profession.

1.3 With the expression “Seller” we intend the subject indicated in the epigraph who is the person giving the service.

Art. 2 – Object of the contract

2.1 With this contract, respectively, the Seller sells and the Buyer buys, distantly with the use of telematic instruments, the mobile goods offered for sale on the website www.onegrafix.com.

2.2 The products indicated in the previous point are shown on the indicated website.

Art. 3 –Modality and stipulation of the contract

3.1 The contrat between the Seller and the Buyer is concluded exclusively by means of internet through the buyer’s access to the indicated website, where, following the indicated procedures, the Buyer will officialize the contract for the purchase of the goods mentioned in point 2.1 of the previous article.

Art. 4 –End and validity of the contract

4.1 The purchase contract will end with the exact compilation of the request form and the purchase consent displayed with sending it online, prior to visualizing an printable order summery web page, on which the Buyer, the order, the price of the goods, the shipping costs and any other accessory cost, the terms and modalities of the payment, the shipping address, the shipping times and the right to withdraw are all indicated.

4.2 As soon as the Seller recieves the order from the Buyer, he will send a confirmation email or a printable confirmation web page, with a summery of the order, will be shown.

4.3 The contract won’t be considered fulfilled unless the previous point is complete.

payments and refunds

Art. 5 –Payment and refund modalities

5.1 The Buyer may pay only by means of the methods indicated on the Seller’s web page.

5.2 Any potential refund to the Buyer will be promptly sent using one of the modalities proposed by the Seller and chosen by the Buyer, in case of usage of the right to withdraw, as regulated by art.13, point 2 and followed of this contract, within 30 days at most from the date in which the Seller gains knowledge of the will to withdraw.

5.3 All comunication about the payments are made on a specific protected encryption line. The seller guarantees the memorization of this information on a further level of safety encryption as per what imposed by the privacy protection law.

Art. 6 –Shipping times and modalities

6.1 The Seller will send the ordered products, with the modalities indicated on the website offering the goods.

6.2 The shipment will take place between 5 and 7 business days from the order confirmation in case of personalized products. In case the Seller isn’t able to ship within this time, he will send a notification email to the Buyer.

Art. 7 –Prices

7.1 All the prices of the products on the internet website www.onegrafix.com are shown in Euro and make up an offer to the public in accordance with the art. 1336 of the Italian Consumer Code.

7.2 All prices of the previous point, are VAT exempt according to commas 54 and following of the Italian law n. 190 of 23 December 2014. Shipping costs and potential further costs (eg. Customs clearance), if shown, although not part of the purchase price, must be indicated and calculated in the purchase procedure before the Buyer sends the order and are contained in the order summary page.

7.3 The prices shown on each of the products are valid until the renewal of the catalogue.

Art. 8 – Product description

8.1 The Seller ensures through the used telematic system, that the processing and handling of all orders will be carried out without delays and within the indicated times. For this reason he indicates the number of available products in his electronic catalogue.

8.2 Should the order exceed the existing stock, the Seller will send an email to the Buyer informing him about this issue, and about the waiting time, asking him to confirm or not confirm the order.

8.3 The Seller’s informatic system will confirm registration of the order in the shortest possible time, sending the Buyer an email confirmation, according to point 4.2 of this contract.

responsibility

Art. 9 – Responsibility limitations

9.1 The Seller will not take any responsibility for delays due to reasons of force majeure if he cannot evade the order within the time specified in this contract.

9.2 The Seller cannot deem himself responsible towards the Buyer, except for cases of malice or gross negligence, for delays or malfunctions connected to the use of Internet out of his own or his suppliers control.

9.3 Furthermore, the seller will not be responsible for damages, losses and costs held by the Buyer after the non respect of the contract for causes not attributable to him, having the Buyer the right of the sole refund of the price paid.

9.4 The Seller will not take any responibility for the possible fraudolent and illicit use that third parts may make of credit cards, cheques and other means of payment, for the bought products, if he proves having taken all the possible precautions to avoid this happening.

9.5 In no case the Buyer will be held responsible for payment delays or errors if he can prove having paid with the modalities indicated by the Seller.

Art. 10 – Liability for defects, proof of damage and refundable damages: the obligations of the Seller

10.1 According to the articles 114 and successive of the Italian Consumer Code, the Seller is responsible of the damage caused by defects of the sold goods if he omits to tell the Buyer, within 3 months of the request, the identity and address of the produer of the person who supplied the goods.

10.2 The afore mentioned request, from the Buyer, must be in written form and indicate the product that caused the damage, the place and date of the pruchase; furthermore, it must contain the offer to see the product, if still existant.

10.3 The Seller cannot be deemed responsible of the consequences of a faulty product if the defect is due to the conformity of the produt, to an imperative juridical rule or a binding measure, in other words if the state of scientific and technical knowledge, at the moment in which the producer put the product on the market, didn’t allow anyone to consider the product itself defective.

10.4 No refund will be owed if the Buyer was aware of the products defect and of the danger originated by it and nevertheless if he voluntarily exposed himself to it.

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

warranties and assistence

Art. 11 – Warranties and assistence modalities

11.1 The seller will answer to any potential conformity defect that shows within 2 years of the delivery of the goods.

11.2 For the purpose of this contract it the goods are presumebly compliant to the contract if the following circumstances coexist, where applicable: a) they are suitable for the usual usage of goods of the same type; b) they are compliant to the Seller’s description and have all the qualities the Seller presented; c) they have the qualities and usual performance of goods of the same type, that the Buyer can reasonably expect, considering the nature of the goods and of public declarations on the specific characteristics of these goods on behalf of the Seller, the produer or its agent or rappresentative, particularly in adverts or labels; d) they are also suitable for the particular use wanted by the Buyer and Seller informed him of them with the conclusion of the contract.

11.3 The Buyer loses all rights if he fails to report the conformity defect to the Seller within 2 monts from which the defect has been discovered. The report is not necessary if the Seller has hidden the existence of the defect.

11.4 In any case, unless proof of the contrary is given, it is presumed that conformity defects which arise within 6 months of the delivery, already existed in that date, unless this eventi s uncompatible with the nature of the goods or with the nature of the conformity defect.

11.5 In the case of conformity defects, the Buyer may otherwise ask for, and without further expense, to the following conditions, the dissolution of this contract, unless the request results objectively impossible to satisfy or results excessively expensive for the Seller according to article 140, comma for of the Italian Consumer Code.

11.6 The request will have to be sent in written form, with registered signed post, to the Seller, who will indicate his availability to fulfil the request, or the reasons he cannot, within 7 business days from when he receives the letter. In this comunication, if the Seller accepts the Buyer’s requests, he will indicate the shipping or return of the goods as well as the return terms or substitution of the faulty goods.

11.7 In case repair or substitution are impossible, or excessively expensive, or the Seller hasn’t provided to repairing or substituting the item within the terms indicated in the previous point, or alas, the previous substitution or repair has caused considerable inconveniences to the Buyer, the latter will be able to choose to ask for either an appropriate price reduction or the dissolution of the contract. The Buyer will in this case, send his request to the Seller, who will indicate his availability to do this, or the reasons he cannot, within 7 business days from recieving the letter.

 

11.8 In this same letter, if the Seller accepts the Buyer’s request, he will have to indicae the proposed price reduction and the modality of how to return the faulty item. In these cases, the Buyer will have to indicate how he wants to receive the sums previously paid to the Seller.

Art. 12 – Buyer’s obbligations

12.1 The Buyer undertakes to pay the price of the bought item according to the times and modalities indicated in this contract.

12.2 The Buyer undertakes, once the buying procedure is concluded, to print and/or the conservation of this contract.

12.3 The information contained in this contract has been read and accepted by the Buyer, as this passage is obbligatory before the purchase confirmation.

right to withdraw

Art. 13 –Righ t to withdraw

13.1 The Buyer has the right to withdraw from the stipulated contract, without penalties and without having to specify the reason, within 14 (fourteen) business days, starting from when he receives the item.

13.2 If the Buyer decides to avail himself of the right to withdraw, he must notify the Seller by means of signed, registered post sent to Onegrafix di Marco Sossini, Via di Santa Barbara 1/a Muggia, Trieste, Italy.

13.3 The restitution of the idem must be within 30 (thirty) days from receiving it. In any case, to avail oneself of the right of total price refund, the item must be returned intact and in a normal state of conservation.

13.4 The Buyer cannot exercise the right to withdraw for custom made or clearly personalized items, as established by article 55 of the Italian Consumers Code.

13.5 The only expences owed to the Buyer for the right to withdraw according to this article are the direct return expenses of the item to the Seller.
13.6 The Seller will refund the total price of the item to the Buyer within 30 (thirty) days after receiving comunication of the right to withdraw.

13.8 With the reception of the notification with which the Buyer comunicates the right to withdraw, all parts of this contract are released of reciprocal obbligations, notwithstanding to previous points of this article.

Art. 14 – Causes for termination

14.1 The obligations indicated in point 12.1, adopted by the Buyer, as well as the guarantee of completion of payment that the Buyer makes according to point 5.1, and also the exact compliance of obligations taken by the Seller at point 6, are essential, therefore, the non-fulfilment of even one of the obligations, where not determined by force majeure, will implicate the dissolution of the contract according to the former article 1456 of the Italian Consumer Code, with no need of juridical ruling.

disputes

Art. 15 – Dispute settlements

15.1 All disputes about this contract will be refered to the Chamber of Commerce of Trieste and solved according to the Conciliation Rules applied by it.

15.2 If the parts intend to apply to the ordinary judical Authority, the Court of jurisdiction is that of Trieste.

Art. 16 – Applicable law and referral

16.1 This contract is regulated under the Italian law.

16.2 For anything not expressedly stated, the rules of law applicable to what established in this contract are valid, particularly article 5 of the Convention of Rome of 1980.
16.3. Ai sensi dell’art. 60 del d.lgs. 206/2005, viene qui espressamente richiamata la disciplina contenuta nella Parte III, Titolo III, Capo I del d.lgs. 206/2005.

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