GENERAL TERMS AND CONDITIONS OF SALE
1. General conditions - scope of application
These General Terms and Conditions (hereinafter the "GTC") are effective between the company CHORUSTYLE s.r.l. (VAT no. 04286140167), with registered office in Bergamo, in Via Frizzoni n. 17 (email email@example.com, PEC firstname.lastname@example.org, tel 035-0401340, fax 035-0401359), and its customers (hereinafter, the "Customers"), who make online purchases through the website www.chorustyle.it (hereinafter, the "Site"), in accordance with the provisions of Legislative Decree no. 206/2005 (also called "Consumer Code, pursuant to Article 7 of the Law of July 29, 2003, No. 229" below, even just the "Consumer Code") and Legislative Decree no. 70/2003 concerning Electronic Commerce.
The Site is managed by CHORUSTYLE s.r.l. (hereinafter, "CHORUSTYLE") and is dedicated to the online sale of the products published therein (hereinafter the "Products" and, individually, the "Product").
The Customer, before proceeding with the confirmation of his order through the Site, undertakes to read these GTCs, the pre-contractual information and those pertaining to the withdrawal provided by CHORUSTYLE and also undertakes to accept them by affixing a flag in the box indicated in the appropriate section of the ordering process.
In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these General Terms and Conditions, as required by art. 51 of the Consumer Code, amended by Legislative Decree no. 21/2014.
2. Subject of the contract
The contract concerns the sale, by CHORUSTYLE to the Customer, of the Products published on the Site, in which the name of each Product and the essential characteristics of the same are expressly indicated.
CHORUSTYLE undertakes to describe and present the Products sold through the Site in the best possible way. However, there may be marginal variations between the representation present on the Site and the actual Product, due to the browser and / or monitor used by the Customer; also for this reason, the images and photographs of the Products presented on the Site do not constitute a contractual element, having only representative purpose.
The data published on the Site may be subject to changes or updates, in order to improve the service for Customers; any change will be promptly communicated to the Customer, at the latest at the time of order confirmation.
3. Offer to the public - Prices and VAT
The prices shown on the site for online sales are reserved for customers qualified as "consumers", as defined by art. 3 of the Consumer Code, or to any natural person who acts with purposes not related to his commercial, entrepreneurial or professional activity.
The sales prices of the Products indicated on the Site are expressed in Euro. The prices shown are inclusive of VAT, while the transport costs that will be indicated at the time of the completion of the purchase order and in any case before the Customer proceeds with the forwarding of the order are not included.
Only the payment methods indicated at the beginning of the ordering process are accepted.
4. Methods of purchase and order acceptance
The Customer may choose the Products on the Site that he intends to purchase and select the Product he wishes to purchase. The Product will be allocated in the cart while the Customer can continue browsing to select additional Products or complete the purchase. To complete the purchase, the Customer must click on "PROCEED WITH THE CHECKOUT", register or login, confirm the delivery address, choose the shipping method and payment method, then wait for confirmation of the transaction .
The contract can be considered concluded once the checkout is completed. The contract will be stored in a mysql database, and customers with an account will be able to consult the purchase history in the "account" section. Furthermore, the customer in the "account" section, will be able to consult and / or modify his personal information, entered during registration.
The customer can change his data by clicking on "change" during the checkout phase. Once the checkout is completed, in the event that the customer decides to change the order; should contact Chorustyle at the e-mail address: email@example.com.
The contract can be concluded in Italian or in English.
5. Products Availability
The availability of the Products shown on the Site refers to that actually existing at the time of the order. It is, in any case, purely indicative, given the possibility of simultaneous presence of several Customers on the Site, and, therefore, of selling the same product to other Customers before the order confirmation.
In case of partial, total, temporary and / or final unavailability of the Product following the sending of the order confirmation, CHORUSTYLE will contact the Customer - by e-mail, at the address provided at the time of registration - to agree the most suitable solution. In the absence of an agreement, the Customer may request the cancellation of the order, terminating the contract, and CHORUSTYLE will reimburse the amount already paid within 14 (fourteen) days from the aforementioned communication.
6. Delivery terms
CHORUSTYLE, through its contracted courier, will deliver to the Customer the Products purchased at the address indicated at the time of registration.
Delivery times are specified during the ordering process. Where an advance payment method has been chosen, the shipment will be made only after the credit has been received.
No responsibility can, in any case, be attributed to the courier or CHORUSTYLE for late or non-delivery due to major force or unforeseeable circumstances.
Each shipment is accompanied by an envelope containing the invoice.
The Products shipped are contained in cardboard boxes of different sizes, sealed at the top and bottom and personalized with the CHORUSTYLE brand and colors. The Customer is required to verify, upon receipt, the conformity of the Product delivered to him in relation to the order placed, according to the following: - that the number of packages (number of packages) indicated on the carrier's letter corresponds to the number of packages actually delivered - that the package is intact, not damaged or wet and, in any case, complies with the standard characteristics (described above) of a CHORUSTYLE package. Only after such verification, the Customer will have to sign the delivery note, after which it will not be able to oppose any dispute about the external characteristics of what was delivered to him in relation to the order placed. In the event that there is no correspondence between the order and delivery according to the aforementioned methods or if the package appears visibly damaged, the Customer must refuse delivery or accept it with reserve on the delivery note.
7. Right of withdrawal
The right of withdrawal of the Customer is governed by the articles 52-59 of the Consumer Code.
According to the art. 52 of the Consumer Code, the Customer has the right to withdraw from the contract, without having to provide any reason, within 14 (fourteen) days from when the same (or a third party designated by him) acquires physical possession of the goods covered by the contract; in the case of the purchase of multiple goods, included in a single order but delivered separately, the aforementioned term begins when the Customer (or a third party designated by him) has received the last product.
The right of withdrawal is exercised by communication to be sent by registered letter with acknowledgment of receipt to CHORUSTYLE S.r.l. headquarters of Via Torre 34/36, 24069 Trescore Balneario (Bergamo), within the deadline referred to in the previous paragraph. The communication can be anticipated, within the same term, by e-mail (firstname.lastname@example.org), on condition that it is confirmed by registered A / R within the following 48 hours. This communication must specify the reference expense, the order number, the will to withdraw from the purchase and the Product and / or Products for which the withdrawal right is intended to be exercised.
As an alternative to the aforementioned withdrawal procedure, and pursuant to art. 54, paragraph I, of the Consumer Code, it is also possible to exercise the right to withdraw by using the standard form of withdrawal referred to in Annex I, Part B of the Consumer Code, downloadable here http://shop.chorustyle.it/img/cms/Modulo_di_recesso.pdf.
The withdrawal is validly exercised if the communication concerning the exercise of the right is sent before the expiry of the withdrawal period.
The valid exercise of the right of withdrawal terminates the obligation to perform the contract.
The Customer must return the goods or return them to CHORUSTYLE or a third party authorized by the latter to receive them without undue delay and, in any case, within 14 (fourteen) days from the date of notification of the withdrawal. This deadline is met if the Customer sends back the goods before the expiry of the aforementioned period of 14 (fourteen) days from the notice of withdrawal.
According to the art. 57 of the Consumer Code, the Customer only bears the direct cost of returning the goods and is only responsible for any decrease in the value of the Products resulting from their handling other than that necessary to establish their nature, characteristics and functioning.
In case of valid exercise of the right of withdrawal CHORUSTYLE will reimburse, pursuant to art. 56 of the Consumer Code, all payments received by the Customer, possibly including delivery costs, without undue delay and in any case within 14 (fourteen) days of receipt of the notice of withdrawal.
The refund will be made with the same payment method used by the Customer for the initial transaction, unless the latter has expressly agreed with CHORUSTYLE to adopt a different means of payment.
CHORUSTYLE will not, in any case, be required to refund any additional costs incurred by the Customer as a result of the express and voluntary choice of a different type of delivery than the less expensive one offered by the first.
According to the art. 56, paragraph III, of the Consumer Code, CHORUSTYLE reserves the right to withhold the aforementioned reimbursement until it has received the goods or until the Customer has demonstrated that they have been returned, depending on which situation occurs first; this right does not exist if CHORUSTYLE has offered to withdraw the goods itself.
In the event of non-return of the goods or of loss and / or damage and / or loss of the same during transport operations performed by the carrier appointed by the Customer, CHORUSTYLE will not be required to pay any refund, without prejudice to the Customer's rights against the vector.
8. Price changes
Products may be subject to price changes. Only the price calculated at the time of the order will be applied to the Customer's order, without any consideration of price increases or decreases that may have occurred. CHORUSTYLE constantly checks that all the prices shown on the Site are correct, without however guaranteeing the absence of errors. In the event that an error is found in the price of a product, CHORUSTYLE will give the Customer the opportunity to reconfirm the purchase of the Products at the correct price or to cancel it.
Payment by credit card is subject to the following conditions: - the holder of the order must be the holder of the credit card - the products will be sent to the address indicated by the order holder.
Simultaneously with the conclusion of the online transaction, the reference bank will authorize the effective debit on the Customer's credit card.
Payment can also be made by bank transfer (IBAN IT 94 U 03111 53630 0000 0000 2399 - SWIFT code BLOPIT22) or via the PAYPAL circuit.
In no case will shipments be made to post office boxes, post office, mail boxes and the like. CHORUSTYLE does not ship to foreign countries and places where, in its sole discretion, the minimum security conditions necessary for the transit and delivery of the goods are not guaranteed. Customers residing in foreign countries where shipments are not allowed will not be able to complete orders on the Site.
CHORUSTYLE guarantees compliance with the quality standards relating to the Products. CHORUSTYLE assumes no responsibility for disruptions caused by force majeure and / or unforeseeable circumstances, such as accidents, thefts, explosions, fires, strikes and / or lockouts, earthquakes, floods, or inefficiencies and / or malfunctions of the internet network itself attributable, and other similar events that prevent, in whole and / or in part, from executing the order on time. CHORUSTYLE declines all responsibility for direct and / or indirect damages, of whatever nature they are or in whatever form they occur, consequent to the use of the Site and / or of the news, images and information contained therein. CHORUSTYLE will not be liable to any party for damages, losses and / or costs incurred as a result of failure to execute the contract for the reasons mentioned above.
Any complaints can be submitted by email to the contact details indicated on the site in the contact section.
11. Legal guarantee of conformity
CHORUSTYLE guarantees the authenticity of all the Products purchased on the Site and undertakes to deliver to the Customer Products in conformity with the contract, without prejudice to what is specified in the art. 2 of these GTC.
Each Product is subject to a legal guarantee with international validity of 2 (two) years from the date of delivery for the lack of conformity occurring within that period of time. Unless proved otherwise, and unless this hypothesis is incompatible with the nature of the good or with the nature of the lack of conformity, it is assumed that the lack of conformity that occurs within 6 (six) months from delivery of the goods already existed at that date, and therefore, in this case, the relative verification will always be borne by CHORUSTYLE; in the event that, instead, the defects manifested after the aforementioned deadline of 6 (months) from delivery, CHORUSTYLE will have the right to demand from the Customer the reimbursement of the cost - reasonable and previously indicated - of verification, in case it is it emerged that the malfunction or defect does not depend on a lack of conformity.
The lack of conformity, manifested in the aforementioned period of 2 (two) years from delivery, must in any case be reported to CHORUSTYLE within the term of 2 (two) months from the date of discovery, under penalty of forfeiture of the rights in the matter of guarantee.
The lack of conformity must be communicated to CHORUSTYLE by registered letter with return receipt to be sent to the address Via Torre 34/36, 24069 Trescore Balneario BG, together with the documentation certifying the purchase and the date of the same. For the necessary assistance you can contact the CHORUSTYLE Consumer Service at the e-mail address indicated on the website in the contact section.
In case of lack of conformity, the Customer will have the right to request the repair or replacement of the Product. In the event that the aforementioned remedies are not possible or are excessively burdensome, the Customer will be entitled to a reduction in the price paid or to the termination of the contract, pursuant to art. 130 of the Consumer Code.
The guarantee is personal and will therefore apply only to the original purchaser, without prejudice to the conditions linked to the use of the Product, which is not professional but exclusively domestic.
12. Customer's obligations
The Customer undertakes and, once the online purchase procedure is completed, undertakes to print and keep these General Terms and Conditions as well as the specifications of the Product object of the purchase, using the link for this purpose, for downloading and 'filing, which you will find indicated in the order confirmation e-mail, as required by art. 51, paragraph I, of the Consumer Code, following the changes made by Legislative Decree no. 21/2014. It is strictly forbidden for the Customer to enter false data and / or third parties in the registration procedure necessary to activate the process for the execution of the contract and further communications. CHORUSTYLE will legally pursue any violation and abuse, in the interest and for the protection of all consumers.
13. Seller's withdrawal and express termination clause
CHORUSTYLE reserves the right to withdraw from the contract stipulated (order) with the Customer for just cause, giving simple communication to the same with adequate and justified reasons; in this case, the Customer will only be entitled to a refund of any sum already paid.
The obligations assumed by the Client pursuant to art. 12 ("Customer Obligations), as well as the guarantee of the successful completion of the payment that the Customer makes with the methods provided for in art. 9 ("Payment"), are essential; therefore, the non-fulfillment by the Customer of only one of these obligations will result in the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial verification of the seriousness of the breach, without prejudice to the right of CHORUSTYLE to sue for compensation for any damage suffered.
14. Privacy -
CHORUSTYLE recalls, as indicated in the various documents on privacy, that, to exercise the rights mentioned above or for any other request, the Customer can write to the Data Controller or to Chorustyle srl, current in Bergamo (24121), in Via Frizzoni n.17, also by e-mail at email@example.com.
15. Transaction security
The Electronic Commerce software used by CHORUSTYLE includes banking gateway payment systems (UBI and Paypal) that use secure servers to validate payments. At no time will CHORUSTYLE be in possession of the Customer's bank details. During the sending and receiving of data in connection with an SSL Secure Server, masks are displayed which indicate the achievement of safe areas (closed padlock icon) and with the address of the page characterized by the prefix Https (note the final "s" ).
16. Applicable law, jurisdiction and competent court
Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated "on line" through the Site is subject to Italian laws and jurisdiction.
These GTC are reported, although not expressly provided for therein, to the relevant provisions dictated by the Consumer Code and by the additional legal provisions referred to by the latter,
For disputes that may arise between CHORUSTYLE and the Customer regarding the contracts covered by these General Terms and Conditions, the Judge of the place where the Customer has his or her residence or elective domicile, if located in the territory of the Italian State, will be territorially competent; otherwise, the Bergamo court will be exclusively competent.
17. Oneri aggiuntivi per spedizioni estere
The costs related to customs procedures will be charged to CHORUSTYLE. Only any customs clearance charges, based on the regulations in force in the reference country, will be charged to the Customer.
The material published on the Site (eg product photos and descriptions) is owned by CHORUSTYLE and total or partial reproduction is prohibited. The disclosure of the same is exclusively permitted for promotional purposes of the original Product. In line with CHORUSTYLE's policy of continuous development, the latter reserves the right to modify the Product, packaging and documentation without prior notice.