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Introduction: effectiveness of the terms and conditions of sale
These terms and conditions of sale (hereinafter, "terms and conditions") relate to the regulation of the purchase of products made remotely and made available, via the internet, from the site www.blasfemus.it (in followed, the Website) in compliance with Italian legislation on distance contracts (Legislative Decree 70/2003).
This site is owned by AD Promo sas, and is dedicated to the sale of clothing and merchandising products.
AD Promo sas observes the legislation concerning distance contracts pursuant to art. 50 and following of Legislative Decree 206/2005 and Legislative Decree 70/2003 and subsequent amendments and additions.
The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available to him on the Site to enable him to be reproduced and stored.
Contracts concluded at a distance with AD Promo sas through the site are governed by these terms and conditions in compliance with Italian law. The language available to conclude the contract is Italian.
The seller is:
AD Promo sas - Via E. Ferrari, 36 Misano Adriatico (RN) - P.IVA 04079510402
Art.1 - Premises
The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE
Art. 2 - Definitions
The term "online sales contract" refers to the sales contract relating to the tangible movable assets of AD Promo sas , stipulated between the latter and the Purchaser in the context of a distance selling system through telematic tools, organized by AD Promo sas
The term "Purchaser" means the natural or legal person who makes the purchase, referred to in this contract.
Art. 3 - Subject of the contract
AD Promo sas . sells and the Buyer purchases food products selected and ordered by the Buyer from among those included in the electronic catalog on the website www.blasfemus.it and currently available through a remote sales contract, via the internet.
Art. 4 - How to sign the contract
The contract between AD Promo sas and the Buyer ends exclusively through the Internet through the Buyer's access to www.blasfemus.it, where, following the procedures indicated, the Buyer will come to formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
The service is active for purchases to be delivered in Italy and abroad.
The contract is concluded, and is binding for both parties, after the exact completion of the request form and the consent to purchase and subsequent confirmation, by AD Promo sas , of the registration of the purchase order made by the Purchaser through the order summary message, sent to the email address indicated by the Buyer himself and / or via web screen.
The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
In the event of any unforeseen depletion of stocks due to unforeseeable factors or other causes, AD Promo sas undertakes to promptly notify the Buyer of the unavailability of the product and to refund or however, do not charge the purchaser the corresponding price, or to inform the Purchaser what the waiting times are for obtaining the chosen good, asking if he wants to confirm the order or not.
AD Promo sas reserves the right not to accept incomplete purchase orders and / or not properly completed by notifying by e-mail to the e-mail address indicated by the Buyer himself and / or with web screen.
Art.5 - Purchaser's Obligations
The Buyer undertakes to read and accept these terms and conditions.
The Buyer undertakes, once the online purchase procedure has been completed, to print and / or store these terms and conditions, which, moreover, will have already been viewed and accepted as a necessary step in the purchase . This in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
It is strictly forbidden for the Purchaser to enter false and / or invented data in the registration procedure necessary to activate the process for the execution of the presentyour sales agreement and related communications. The personal data and e-mail must also correspond exclusively to their personal data and not to those of third parties.
The Buyer declares to be of age.
Art.6 - Delivery times and methods
AD Promo sas takes on the responsibility of delivering the products selected and ordered by the Buyer to the place indicated by him and by courier.
Deliveries are made promptly, approximately within the deadline of 2/5 working days , starting from the date of transmission of the confirmation of the purchase order by AD Promo sas Deliveries are not made on Saturdays and public holidays.
Art.7 - Transport damage
In the event that the Buyer finds any external damage to the packaging or the mismatch in the number of packages, it must immediately affix a control reserve written on the proof of delivery of the Courier or refuse the acceptance of the damaged package by writing in pen the reason on the waybill that the Courier requests to sign upon receipt of delivery. The Purchaser who has accepted the package subject to control and subsequently found a product damage must within 8 days of delivery , report the damage by sending a registered letter a / ra AD Promo sas, Via E. Ferrari, 36 Misano Adriatico (RN) . The Buyer must also specify the purchase order number and tax documentation in addition to the reason for the complaint.
In the event that the Buyer finds damage to the product due to transportation not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second one within 8 days of delivery, by sending a registered letter with return receipt to AD Promo sas, Via E. Ferrari, 36 Misano Adriatico (RN) . The Buyer must also specify the purchase order number and tax documentation in addition to the reason for the complaint.
If the Buyer does not act in the manner and terms indicated in points 1 and 2 above of this article he will lose the right to replace or refund .
Following the complaint presented by the Buyer, AD Promo sas will replace the damaged product. In the event that, for any reason, AD Promo sas is not able to replace the product, it will be able to refund the entire amount paid or to replace it with a product of equal or greater value in agreement with the buyer.
Art. 8 - Report defects and legal guarantee
AD Promo sas has the obligation to deliver goods to the buyer in accordance with the sales contract and is liable to the buyer for any lack of conformity that exists at the time of delivery of the goods. / li>
Non-perishable and non-food products sold through the site are covered by the two-year legal guarantee for conformity defects pursuant to articles 128,129, 130, 131, 132, 134, 135 of the Legislative Decree 206/2005 and subsequent amendments and additions.
The guarantee is reserved to the consumer as defined by the D.lgs. 206/2005 and subsequent amendments and additions.
The buyer forfeits the guarantee if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
The legal guarantee only covers the replacement of the goods that do not comply with the sales contract, as they are food products. The warranty does not apply in the event that the defects reported derive from incorrect storage, handling or use or transport of the product by the consumer or in the event of failure to comply with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not operate whenever the defect is due to the guilty or willful conduct of the consumer or depends on other causes not related to the production and transport of the product to the consumer's home.
In the event that the Buyer encounters defects of conformity, it must report the damage within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to AD Promo sas, Via E. Ferrari, 36 Misano Adriatico (RN) The Buyer will have to specify the order number and the fiscal documentation as well as the reason for the complaint.
In the event of a lack of conformity, duly reported within the set deadlines, lBuyer will be entitled to replacement of the product within a reasonable time unless the remedy itself is objectively impossible or excessively burdensome or secondary will be entitled to a price reduction or termination of the contract. A minor defect of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
AD Promo sas reserves the right to verify the existence of the lack of conformity.
AD Promo sas reserves the right to inform the buyer if it will collect the defective product at the purchaser's domicile.
Operating times for the performance of activities related to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
AD Promo sas will never, in any case, be burdened with charges deriving from any delay in the delivery of the replaced product or from the return of the price. In any case, except in exceptional cases, the replacement will be made within 60 days from delivery of the defective product to AD Promo sas . Otherwise, the Purchaser may make one of the alternative remedies provided for by law (resolution of contract or reduction of the price paid taking into account the possible use of the asset).
Art.9 - Right of withdrawal
In accordance with the provisions, the right of withdrawal must be exercised within 14 days from receipt of the goods. The withdrawal period expires after 14 days from the day you or a third person, other than the carrier and indicated by you, acquires physical possession of the product. For more information read the dedicated page.
Art. 10 - Prices
All sales prices of the products displayed and indicated on the website www.blasfemus.it constitute an offer to the public pursuant to art. 1336 of the Civil Code
The Buyer will pay AD Promo sas for the products purchased the price indicated in the online catalog at the time the Buyer has placed the order. This price will be expressed in Euros or in the corresponding currency in case of purchase from abroad and will be inclusive of taxes
The shipping costs of the products, where provided by the Buyer, will be applied in the cart of the site www.gustopiadina.com of which the Buyer has read before placing the order.
Product prices can be updated and therefore changed daily.
There are no minimum amounts to place an order.
Art.11 - Contribution to shipping costs
The buyer will pay AD Promo sas , as a contribution to the shipping costs, an amount that will be calculated based on the chosen shipping method, the quantity ordered and the destination of the goods.
Art.12 - Promotions and gifts
Any promotions offered by AD Promo sas . and the offer of any free products are valid until stocks run out of the products and within the purchase limits indicated on the site and www.blasfemus.it. Promotional products can be delivered in promotional packages, different from those published on the website www.blasfemus.it.
The discount codes received may not be combined, do not apply to transport costs and other promotions already in progress, unless otherwise stated on the same.
No replacement or return is possible in relation to any products received as a gift by the Buyer.
Art.13 - Responsibility
AD Promo sas assumes no responsibility for disruptions caused by force majeure of any kind and nature, in the event that it fails to execute the contract within the agreed time.
Accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of own employees or carriers are causes of force majeure. of which AD Promo sas uses, as well as any other circumstance that is beyond the control of the latter.
Notwithstanding the provisions of art. 8 of the U.E. 97/7 and of the art. 56 Legislative Decree 206/2005 and subsequent amendments and additions, AD Promo sas assumes no responsibility for any fraudulent use made by third parties of credit card information provided by the Buyer.
AD Promo sas cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
AD Promo sas will also not be responsible for damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him, as the Purchaser is entitled only to full refund of the price paid and any additional charges incurred.
Art.14 - Payment and invoicing methods
The Buyer will pay for the products ordered in the following ways: credit card (also prepaid) or bank transfer.
Credit cards accepted by AD Promo sas are displayed on the payment page.
Once the payment method has been chosen, the buyer will be directed to the relevant site to make the transaction and complete the payment.
The payment will be inclusive of the costs for the shipping fee, where applicable, to be paid by the Buyer, according to the terms of the offer published on the website www.blasfemus.it
AD Promo sas will send the invoice, if requested, by e-mail to the address indicated in the order by the Buyer.
For the issue of the fiscal document, the indications provided by the Buyer at the time of the order will prevail. No change will be possible after issuing the tax document. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting entries.
Art.15 - Termination of the Contract and Express Resolution Clause
The obligations assumed by the Buyer in art. 2 above (Purchaser's Obligations), as well as guaranteeing the successful completion of the payment that the Buyer must make, are essential, so that, by express agreement, the Buyer's non-fulfillment of only one of these obligations will result in the legal termination of the contract pursuant to art.1456 of the civil code, without the need for a judicial ruling, without prejudice to the right for AD Promo sas to take legal action for compensation for further damage.
Art.16 - Security
Online transactions by credit card and / or Paypal are carried out on the respective sites, through secure servers that use the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to avoid the interception, modification or falsification of information.
AD Promo sas is never aware of credit card data or the Paypal account or the customer's account.
Art.17 - Changes
AD Promo sas reserves the right to change these terms and conditions at any time, publishing the updated version on the site and www.blasfemus.it.
Any new clauses will be effective for purchases made after the date of the modification.
Art.18 - Applicable law
This contract is governed by Italian law. These terms and conditions are reported, although not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.
Art.19 - Jurisdiction
Any dispute concerning the application, execution, interpretation of this contract entered into online through the site www.blasfemus.it is subject to Italian jurisdiction.
For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the Italian State.
If the residence or domicile of the Purchaser is not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place shall have jurisdiction.
Art. 20 - Protection of confidentiality and processing of Buyer's data
AD Promo sas protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 1961.
Personal and fiscal personal data acquired directly and / or through third parties by AD Promo sas , the data controller, are collected and processed in paper, IT and electronic format, in relation to the processing methods with the aim of registering the order and activating the procedures for it againstthe 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 (Article 24, paragraph 1, letter b, Legislative Decree 196/2003) 2.
AD Promo sas undertakes to treat data and information transmitted 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 pass them on to third parties. These data can be shown only at the request of the judicial authority or other authorized authorities by law.
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 for this purpose.
The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, ie the right to obtain:
a) updating, rectification or, when interested, data integration;
b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including those for which conservation is not necessary in relation to the purposes for which the data were collected or subsequently processed; / p>
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 case where such fulfillment proves impossible or involves the use of means manifestly disproportionate 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 materials or direct sales or for carrying out market research or commercial communication.
The disclosure of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be given.
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.
For more information on privacy & cookie policy adopted by AD Promo sas you can consult the appropriate section of the site www.blasfemus.it.
Art. 21 - Force majeure
AD Promo sas will make all the efforts necessary to keep faith with its obligations. However, AD Promo sas cannot be held responsible for delays or non-delivery caused by circumstances beyond its reasonable control. These circumstances include strikes, wars, natural disasters and any other event that makes the production, transportation or delivery of products impracticable.
Art. 22 - Method of filing the contract
According to the art. 12 of Legislative Decree 70/2003, AD Promo sas informs the Buyer that every order sent is stored in digital form at the AD Promo sas headquarters. according to criteria of confidentiality and security.