GENERAL CONDITIONS OF SALE AND USE OF THE SERVICE PURSUANT TO D. LGS. SEPTEMBER 6th 2005 NR. 206 “CONSUMER CODE”, OF D. LGS. 21 FEBRUARY 2014 NR. 21, OF D. LGS. 9 APRIL 2003 NR. 70 “IMPLEMENTATION OF DIRECTIVE 2000/31 / CE” AND S.M.I ..
GENERAL CONDITIONS OF SALE
The offer and sale of products on the JANE 22 site are governed by the following general conditions of sale, provided with clarity and in compliance with the additional requirements of the legislation on electronic commerce (Legislative Decree 70/2003), from the Consumer Code (Legislative Decree 206/2005), by the provision implementing the Community directive no. 2011/83 / EU on consumer rights (Legislative Decree 21/2014) and s.m.i..
ART. 1 – SERVICE PROVIDER. USEFUL CONTACTS FOR ANY COMPLAINTS.
Pursuant to and for the purposes of articles. 2, 7 and ss. Legislative Decree 70/2003, we inform users that jane 22 stor is an “information society service”: the e-commerce service in question is owned by the company Blue omnia of Ferrari Laura and Olivari Fabio nsc it also deals with the management and maintenance of the service, identified pursuant to and for the purposes of the aforementioned legislation as “lender” and, pursuant to and for the purposes of art. 3 D. Lgs. 206/2005, as “professional”, or the natural person who carries out his business and commercial activities.
The aforesaid company is identified by the I.V.A. nr. 03584150985 and the tax code 03584150985, is registered with the Business Register of the Chamber of Commerce of Brescia from 16/01/2014 and has its registered office in Italy, in the city of Paratico at Via Mazzini nr. 1, while the headquarters is still in Paratico at Via Mazzini nr. 1
For any further information, as well as for any complaint, you can contact the service provider and site manager in the following ways:
– email at email@example.com
– certified e-mail to the address firstname.lastname@example.org
– by telephone from Monday to Friday, from 09.00 to 17.00 at number 035-912450
– by traditional paper mail to the aforementioned legal address.
For further information pursuant to the law, consult all the pages of the conditions of use section:
• Right of withdrawal and any claims
ART. 2 – INFORMATION AND PROCEDURES FOR THE CONCLUSION OF THE PURCHASE CONTRACT. MOMENT OF CONCLUSION OF THE CONTRACT (ARTICLE 12 D. LEGISLATIVE DECREE 70/2003 AND ARTICLE 49 D. LEGISLATIVE DECREE 206/2005 AND S.M.I.).
Jane22 offers the possibility to know products and services offered and to conclude purchases as well as Italian language also in English
The procedure for the valid conclusion of the purchase contract of one or more products offered for sale through the jane22 electronic commerce service, is as follows: the customer formulates his purchase proposal by filling out the order form in electronic format and transmit to jane 22, electronically, following the instructions and the procedure indicated step by step on the site.
The order form contains a summary of the General Conditions of Sale, information on the basic characteristics of the order such as:
– Information about shipping;
– summary of the payment and shipping method chosen;
– a brief summary of the purchase with the name of the item, its product code SKU, the size, the quantity purchased, the total / partial, including taxes (ie VAT / Vat), shipping costs and the total ‘order.
Before proceeding with the submission of the purchase proposal, the customer will be asked to accept the general conditions of sale shown here: the kind customers are invited to
read them carefully because they form an integral part of the sales contract and regulate the relationships between the parties. We also recommend that you print, save or otherwise store these terms of sale.
With the electronic transmission of the order form, the customer unconditionally accepts and undertakes to observe, in relations with jane 22, these General Conditions of Sale. If you do not agree with some of the terms set out in the General Terms and Conditions of Sale, you are advised not to forward the order form for the purchase of products on jane 22.
The contract of sale of the products is correctly and validly concluded when jane22, after having received electronically the purchase proposal contained in the order form, after checking the correctness of the data relating to the order entered, informs the customer of the confirmation of acceptance of the order containing the proposal by ordinary email. The order form will be filed in our database for the period of time required to process orders and in any case for the period prescribed by law. It will be possible to access the order form, consulting the section dedicated to the personal account of each customer, present on the site.
It is possible to conclude the purchase contract without proceeding with the prior registration with the consequent creation of a personal account: however, it is strongly recommended to purchase as a registered user in order to access the control panel of their orders and to benefit from all services and all further interactions with the jane service 22.
Jane 22 reserves the right not to stipulate the contract of sale and to reject the purchase orders contained in the order forms received, without any penalty on the service provider, in the event that there are not sufficient guarantees of solvency or in the event that the orders are incomplete or incorrect, or in case of unavailability of products. In these cases, the service will inform the customer by e-mail that the contract has not effectively concluded and that jane22 has not followed the purchase order, specifying the reasons.
If the products, presented on jane22, are no longer available or on sale at the time of the last access to the site or sending the order form, it will be the responsibility of jane22 to communicate promptly – and in any case within thirty (30) days starting from the day following the one in which the customer has sent his order to jane22- the possible unavailability of the ordered products. In case of forwarding of the order form and payment of the total amount due, jane22 will reimburse the customer for what has already been anticipated according to the timing and rules specified in the “right of withdrawal” page.
Once the purchase process has been completed, jane22 will take over the purchase order and the customer will receive communications based on the progress of the purchase.
ART. 3 – PAYMENTS.
For the payment of the price of the products and related shipping costs, the customer can freely choose one of the methods indicated in the order form and summarized in the appropriate section of the site.
In case of payment by credit card, the financial information (for example, the credit / debit card number or the date of its expiration) will be forwarded, via encrypted protocol to the virtual POS, which provides remote electronic payment services, without any third parties, in any way, having access to them. Moreover, this information will never be used by jane22 for other purposes other than to complete the procedures related to the purchase of the individual customer and to issue the related refunds in the event of any refunds of the products, following exercise of the right of withdrawal , or when it is necessary to prevent or report to the competent authorities the commission of fraud or criminal-relevant conduct on jane22.
The price for the purchase of products and shipping costs, as indicated in the order form, will be charged according to the times and methods of payment method chosen by the customer.
ART. 4 – SHIPPING AND DELIVERY OF PRODUCTS.
The order is generally processed within 5 working days of receipt.
Shipments to the Italian territory will be processed using the courier SDA Express Courier: as soon as the shipment is taken care of, the courier will send the customer an email confirming the shipment in which he will indicate the Tracking Online number to be able to monitor the shipment status .
The SDA courier delivers from Monday to Friday during office hours and it will not be possible to fix deliveries by appointment.
Delivery times depend exclusively on the supplier that takes care of the delivery service and jane22 declines any responsibility for any delays: the times, therefore, may vary depending on the day of delivery of the package to the courier, if close to weekends or in conjunction with the holiday, or if the destination is to disadvantaged islands or territories or due to causes that are not dependent or imputable to jane22.
The cost to be addressed for shipping is clearly indicated during the compilation of the electronic purchase order and takes place at a fixed price as shown in the appropriate section of this site.
ART. 5 – PRICES AND BILLING. CUSTOMS.
The essential characteristics of the products are presented on jane22 within each product sheet. The images and colors of the products offered for sale on jane22 may however not correspond to the real ones due to the Internet browser and the monitor used.
Product prices may be subject to updates. The customer is invited to ascertain the final sale price before submitting the purchase proposal contained in the relevant order form.
Purchase requests from countries not included among those authorized can not be accepted.
The prices indicated in the jane22 service are inclusive of I.v.a. Italian.
If the goods ordered through the jane22 service are to be delivered outside the Italian territory, it is possible that the customs authorities, depending on the country of delivery of the products, can apply import duties and taxes to be paid upon delivery of the goods and therefore, these are additional costs compared to the price indicated on the site.
These surcharges are paid in full by the customer.
It is not possible to establish in advance the amount of any duties and taxes, due to the different customs policy implemented by the various states.
Shipping costs are shown separately and clearly known before the order is completed.
Jane22, realizing an activity of “indirect electronic commerce” due to the delivery of the next good through traditional channels (courier), according to the resolution of the Agenzia delle Entrate 5 November 2009, n. 274 and pursuant to and for the effects of art. 22 c. 1 nr. Presidential Decree 633/1972 and smi, is not required to issue the invoice, unless the customer is a commercial enterprise or unless the same invoice is expressly requested by the consumer customer, no later than the time of sale, popping the field specially proposed during the order.
Jane22 is not even required to issue the receipt, pursuant to art. 2 c. 1 lett. oo) D.P.R. 21.12.1996 n. 696 and s.m.i ..
ART. 6 – GUARANTEES.
Through the jane22 service, only top quality products are offered, made in compliance with legal standards and bearing the necessary certificates of compliance with European procedures, issued directly by the producers. however, as a seller, pursuant to and by effect of art. 130 of the Consumer Code, jane22 is liable to the consumer for any lack of conformity existing at the time of delivery of the goods, providing warranty on defects and discrepancies for the term provided by Italian law.
The consumer is obliged to report the non-conformities within 15 days from the discovery, under penalty of forfeiture In the hypothesis in which the consumer makes use of the legal guarantee, he is entitled to the restoration, without expenses, of the conformity of the goods by repair or replacement; in accordance with paragraphs 3, 4, 5 and 6, or an appropriate reduction of the price or termination of the contract, pursuant to paragraphs 7, 8 and 9 of art. 130 D. Lgs. 206/2005 “Consumer Code”: according to this rule, the consumer can ask, at his choice, the seller to repair the good or replace it, without charge in both cases, unless the remedy required is objectively impossible or excessively burdensome with respect to the other. One of the two remedies is considered to be excessively burdensome if the seller imposes unreasonable expenses in comparison with the other, taking into account: a) the value that the asset would have if there were no lack of conformity; b) of the extent of the defect; c) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
All the travel items carry an identification tag with relative price and size. Please do not remove the tag until the accuracy of the purchased size has been verified. Jane22 in case of exercise of the right of withdrawal or claims for any non-compliance, reserves the right not to accept the return of products that do not have the appropriate card or have been altered in their essential and qualitative characteristics or that have been used and / or damaged.
ART. 7 – AFTER SALES SERVICE AND CUSTOMER SERVICE.
You can send complaints about the application of the legal guarantee as well as all other communications to request any information to Blue omnia, through our support services accessible through:
to. the telephone number +39 035 912450 on working days from 9.00 to 17.00;
b. by e-mail sending the communication to the address email@example.com
In case of serious problems in shipping and preparation of the package, we will contact the customer by telephone or other suitable means.
ART. 8 – CHANGES AND UPDATES.
These General Terms and Conditions of Sale are subject to change, both on the occasion of any regulatory changes, and if the service provider deems it appropriate. The new General Conditions of Sale, modified, will be effective from the date of publication on jane22 without retroactive effects.
ART. 9 – INTELLECTUAL PROPERTY RIGHTS OF THE JANE SERVICE22.
All contents in the jane22 service (texts, images, sounds, videos, etc.) are protected by copyright law and reproduction is forbidden. Blue omnia nsc of Ferrari Laura and Olivari Fabio, as owner of the jane22 service, has the exclusive right to authorize or forbid the total or partial reproduction of its contents.
It is strictly forbidden any reproduction, even partial, on any support, of the jane service22 and its contents. Any act of reproduction must be, from time to time, authorized by the owner of the service. Such reproduction operations must in any case be carried out for legitimate purposes and in compliance with the copyright and other intellectual property rights of jane22 and its owner. By way of example and not exhaustive, in addition to reproduction, alteration, reproduction and / or modification in any manner of contents and protected works without the consent of the rightful owner is prohibited.
ART. 10 – CONDITIONS OF USE OF THE SITE.
The customer, expressing his desire to conclude a contract with the service provider by fully accepting these general conditions of sale, expressly declares to have read, understood and to accept the general conditions of use of the site that are illustrated in the dedicated section of this page, at the bottom of the terms of sale.
ART. 11 – INSTRUMENTS FOR THE RESOLUTION OF DISPUTES.
In case of disputes relating to contracts concluded through the jane service22, without prejudice to the provisions of article 12 below, for the customers (whether they are consumers or companies) residing in Italy, before resorting to the judicial authority, the parties are obliged to preventive attempt at conciliation through the conciliacamera.it service provided by the territorially competent Chamber of Commerce (of Brescia, if applicable the exclusive court referred to in article 12 below, of the competent Chamber of Commerce according to the residence of the consumer customer, when the forum is applied exclusive of the consumer).
Online resolution of consumer disputes
According to EU regulation n.524 / 2013, the consumer residing in the States belonging to the European Union has the possibility to use the alternative dispute resolution tool (Online Dispute Resolution, ODR) on the platform established by the European Commission and present at the following address: http://ec.europa.eu/consumers/odr/, where you can find the list of member organizations.
ART. 12 – REFERENCE CLAUSE. APPLICABLE LAW. OFFICIAL LANGUAGE FOR THE INTERPRETATION AND EXECUTION OF THE CONTRACT. JURISDICTION AND JURISDICTION.
These general conditions of sale and, more generally, all the contractual relationships concluded with and through the jane22 service are governed exclusively by Italian law.
Furthermore, the parties expressly agree that, in case of doubts and / or interpretative conflicts, even of a lexical nature, the official language for the interpretation and execution of the contract is exclusively Italian.
For all the aspects not expressly regulated in the present conditions of sale, reference is made explicitly to the Italian legislation in force and to the community law where directly applicable.
Except for different provisions of the law contained in mandatory and mandatory rules, such as in the event that the buyers hold the status of consumers in accordance with the law, in other cases the parties expressly agree that the jurisdiction is exclusively Italian and that the court territorially competent, even by way of derogation from the ordinary rules contained in the code of civil procedure, is exclusively that of the Court of Brescia.