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TERMS OF SALE

 GENERAL TERMS AND CONDITIONS OF SALE

1. COMPANY DATA

Company name: Spisni s.r.l.
Registered office: Via Galliera 11, Bologna, 40121 (Italy)
R.E.A. (Index of Economic and Administrative Information) no. - 499952
Bologna Company Register,VAT no. 03224941207
Fully paid-up share capital: EUR 10,000.00
Fax: +39 051 3370049
Email: info@lavecchiascuola.com

2. DEFINITION AND OBJECT OF THE CONTRACT

The present document is a distance contract (“Contract”) pursuant to and in accordance with Section 50 et seq. of Italian Legislative Decree no. 206 of 6 September 2005 (“Consumers’ Code”).
Object of the Contract is the sale of products by Vecchia Scuola Bolognese, hereinafter called “Spisni S.r.l.” or “the Seller” to the Consumer (the “Client”).
All products on sale on the website www.lavecchiascuola.com are sold and/or produced directly by Spisni S.r.l. after accurate selection and quality control.
Spisni S.r.l. is also authorized to sell used products. These items are clearly highlighted and indicated as such to the Client on the website.

3. ORDER

3.1 Orders must be placed by adult clients.
3.2 By sending the “online” order the Client accepts the following terms and conditions and the Contract is thus concluded.
3.3 Pursuant to Section 4, Clause 1 of Italian Legislative Decree no. 185/1999, in order to receive confirmation of the viewed information, it is necessary to print these pages and the order form or save them on a lasting data storage device.
3.4 To place an order, unregistered users must first fill out the “User registration” form under “Create an account”, whereas registered users (Clients) must select “LOGIN”. Browse the “Online catalogue” on the website www.lavecchiascuola.com. Use the “Shopping cart” selecting “Add to cart”. After selecting “Order confirmation”, view the “Detailed order” which it is necessary to print and save.
In order to view the “Online catalogue” on the website www.la vecchia scuola.com and use the “Shopping cart” selecting “Add to cart” you don’t need to register or login. However, if you intend to proceed with your order at the end of the product selection, you must register or login.
3.5 The main features of the products can be viewed on the Seller’s website. Images and colors of the products offered for sale may not be identical to physical products due to the Internet browser or the computer monitor used by the Client.
3.6 Unavailable products cannot be ordered immediately. It is necessary to wait until new items are available.

4. PRICES

4.1 Unless otherwise indicated, all prices indicated in the “Online price list” include VAT.
4.2 All prices may be subject to change. It is therefore necessary to check the final sale price before sending the order form.
For all the products you have selected or added to your “Shopping cart”, you will view a “Summary sheet” of your order with unit price, amount due for the quantity purchased and total amount due, VAT included, in EUR (euro).
4.3 Once the order has been sent, the Client automatically receives a “Confirmation of order” email at the address indicated in the registration form.

5. PAYMENT METHODS

5.1 The payment for the purchased products must be made exclusively in EUR (euros).
5.2 The payment must be made within 10 days of the invoice date??, otherwise the order will be cancelled.
5.3. The Client can choose one of the following payment methods:
PayPal: the Client is redirected to the PayPal website (www.paypal.it) and the payment is made only after the Client has logged in with username and password. All data relating to the order will be automatically entered by the system.
If the payment is made directly from the PayPal website, the recipient of the payment must be: ordinionline@lavecchiascuola.com and the Client must indicate:
a) order reference number;
b) order date;
c) name and surname of the person who placed the order;
Credit card 
This type of payment is processed by means of the PayPal website (www.paypal.it) where the Client has to enter his/her credit card data.
All data relating to the order will be automatically entered. Otherwise, it is necessary to indicate in the payment reason:
a) order reference number;
b) order date;
c) name and surname of the person who placed the order;

6. CLIENT OBLIGATIONS

6.1 The Client declares and guarantees:
(i) to be a consumer pursuant to Section 3 of Italian Consumers’ Code;
(ii) to be an adult;
(iii) that the data provided for the Contract execution are correct and true.

7. DELIVERY OF PRODUCTS

7.1 Products will be delivered to the address indicated by the Client in the Order, within 7 (seven) working days (except Saturdays, Sundays and public holidays) after the Seller has received the payment.
Split consignments will not be made. In case of a single Order of several products, if one or more products are temporarily unavailable, the Client will be informed about it and the order will be dispatched with a single shipment when all ordered products are available.
If the Client wishes to receive immediately the products in stock and wait for the shipment of the unavailable products, he/she will have to place two separate Orders.
7.2 The delivery will be made by means of a courier company or Poste Italiane.
The delivery service includes packaging and transport.
Shipments by means of Poste Italiane are not trackable.
If the delivery is made by a courier company, the Client must check if the packaging of the purchased products is intact, not altered, and the delivered packages correspond to the description on the delivery document.
If there is any damage and/or a different number of packages, the Client must immediately notify the courier company writing “Goods received subject to verification” on the consignment documentation.
Any irregularity and/or damage to the purchased goods must be brought to the attention of the courier company within 3 days after receiving the goods by means of a written notice forwarded by registered post (certified mail) with advice of delivery to the courier company (at its registered office) and to the registered office of Spisni S.r.l.
If the Client has signed the courier’s documentation without writing “Goods received subject to verification”, no claim will be accepted if conformity and/or number of the delivered goods differ from his/her order.
The cost charged for the delivery service is calculated on the weight, volume and value of the ordered products.
7.3 In case of digital goods (e.g. PDF), no delivery costs will be charged, since it is possible to download a file by clicking a link contained in the “Confirmation of order” email that the Client receives once the purchase has been concluded.

8. AVAILABILITY OF PRODUCTS

8.1 Products will be dispatched within the delivery time indicated in Paragraph 7.1.
Should the delivery time be delayed due to product unavailability, the Seller must contact (e.g. email) the Client, inform him about wait time and ask to confirm his/her order again.
8.2 The Seller accepts orders from the Client as long as quantities of the products suffice. Therefore, the order sent by the Client will be accepted by Spisni S.r.l. if the requested products are available.
The Seller will promptly inform the Client about any possible unexpected exhaustion of in-stock goods due to excess demand or any other cause.

9. WARRANTY AND ASSISTANCE
9.1 For all purchased products Spisni S.r.l. assists the Client with warranty and service regulations pertaining to the sale of consumer goods.
9.2 All purchased goods are guaranteed against defects directly by the respective producers, thus being subject to their own intervention modalities.
However, the Seller guarantees all products on sale for 24 (twenty-four) months starting from the date of purchase. Within that period of time the Seller undertakes to replace any defective and/or nonconforming item.
No declaraton of conformity for the products will be released with norms and regulations in force in non-EU countries.
The above mentioned warranty is applicable to products presenting imperfections or defects in conformity and/or malfunctions that cannot be recognized when the item is purchased, on condition that the product has been used correctly and diligently, with due respect for its intended use and in line with the instructions given in the technical documentation enclosed with the product.
The warranty is therefore not applicable in case of negligence or carelessness in use or maintenance, and if the product is connected to an electrical system, or any other connection, not complying with safety standards.
In the case of a conformity defect, the Seller will ensure the restoration of the product conformity, at no cost for the Client, through repair or substitution of the item.
In order to start the warranty procedures, the Client must contact the Seller by means of a registered letter with return receipt and request the application of the warranty. In reply to such communication the Seller will give the Client all the necessary instructions that must be carefully followed.
The time needed to repair or substitute a product will be as short as possible and, anyway, will depend on the technician or product availability.
9.3 The Client may request any further information and/or file a claim contacting the Customer Service by email (info @lavecchiascuola.com), telephone (0039 051-6491576) or by post (Spisni S.r.l., Via Galliera 11, 40131 Bologna, Italy).

10. WITHDRAWAL RIGHT AND RETURN OF THE GOODS

10.1 The sale of products on the Seller’s website is subject to Italian Law Decree no. 185 of 22 May 1999 (on the protection of consumers in respect of “Distance contracts”) which allows the Client to exercise the right of withdrawal.
The right of withdrawal is only applicable to private consumers as physical persons who purchase the products for purposes not related to a professional activity. Therefore, the right to withdraw purchases does not apply to businesses or companies.
10.2 Pursuant to the above mentioned regulation, the right of withdrawal will cease to apply in case of
- a supply of sealed audiovisual equipment or software products that has been opened by the Client;
- a supply of custom-made, personalized products or perishable items and items with a rapid expiry date (e.g. cosmetics, flowers, food) that because of their nature cannot be returned;
- a supply of newspapers, periodicals and magazines.
10.3 The Client has the right to withdraw from the contract stipulated with La Vecchia Scuola S.r.l. without any penalty (if possible, we would like to know the reason of the withdrawal in order to improve our service) and within 10 working days of receipt of the goods.
Products may be returned in whole or in part.
The Client will be reimbursed for the paid amounts, except for the delivery costs and return shipping costs that are at the expense of the Client.
10.4 Modalities for exercising the right of withdrawal:
Within the time period stipulated (10 days), a signed written communication in which the Client declares his/her willingness to withdraw from the contract must be sent by means of a registered letter with return receipt to the registered office of Spisni S.r.l.
This communication must contain number and date of the order, number and date of the invoice, product code and description of the products that will be returned, bank details for the wire transfer (in Italy: IBAN code and account number of the person to whom the invoice has been issued; in all other countries: BIC or SWIFT code).
If the person to which the invoice has been issued does not have a bank account, he/she may indicate the details of a relative’s or acquaintance’s bank account explicitly authorizing La Vecchia Scuola S.r.l. to transfer the refund amount to that bank account of which all relevant details will be made available (in Italy: IBAN code and account number provided by the person to whom the invoice has been issued; in all other countries: BIC or SWIFT code).
Within 48 (forty-eight) hours of receipt of the registered letter, the Seller will send by email a “Return Goods Authorization” (RGA) with the address to which the products will be returned and the respective “RGA Code” with which the products will be returned.
The above mentioned products must be shipped by courier to the address indicated on the RGA and the RGA Code must be indicated on all shipping documents.
The products to be returned must be accurately packed in order to preserve the original packaging and accompanied by sale documents (Italian DDT or transport document, and invoice, if any).
The goods returned without observing the above mentioned indications may be refused.
Within 30 (thirty) working days of receipt of the products, the Seller will provide for crediting back to the Client the value of products subject of the claim.
If there is a discrepancy between the recipient of the products indicated in the order form and who made the payment of due sums for their purchase, the refund, should the Client wish to exercise his/her right of withdrawal, will be performed by the Seller and in any case to the person who carried out the payment.
10.5 In case of return of the product complete and functioning, within 30 days of the date of receipt of the products by the Client, Spisni S.r.l. will reimburse (i) the entire price paid by the Client except for the shipping costs, or (ii) the part of the price equivalent to the product actually returned by the Client.
10.6 The right of withdrawal will cease to apply for lack of integrity of the returned product, or if:
a) the original packaging is missing;
b) there is a lack of integral elements of the product (accessories, cables, instructions for use, identification tag and seal - if present, Italian DDT or transport document, invoice – if present, etc);
c) the product is damaged due to causes different from transportation;
d) the products are damaged because of inadequate packaging for the shipment of the return goods and/or due to the carriers used.
If the Client fails to collect the products, such decision equals his/her exercising the right of withdrawal, the items will be kept by the Seller and no costs will be charged to the CIient, except for shipping costs.

11. CUSTOMS, TAX & DUTIES, INVOICES

11.1 For residents of an EU-country
The total price indicated in the summary sheet of ordered products on the website is the final price and includes:
the price of products;
the costs of packaging;
the costs of transport;
all tax and duties.
11.2 For residents of a non-EU country
The total price indicated in the summary sheet of ordered products on the website is the final price and includes:
the price of products;
the costs of packaging;
the costs of transport.
In this case, since the products are shipped to a non-EU country, the goods will be subject to custom duties and sales taxes, if any, imposed by the delegated authorities.
Duties and taxes vary from country to country and are applied when the goods reach the country of destination.
Any cost deriving from customs operations will be paid by the recipient of the shipment.
No VAT is charged for shipments to non-EU countries.
11.3 We cannot deliver products to a number of countries in the world due to the limits on the quantity of goods that can be imported.
Therefore, we will try to highlight on the product descriptions those which cannot be purchased.
11.4 For every delivery or shipment, a regular invoice will be issued to both VAT payers and private consumers. The invoice header will always contain the details of the Customer Data Sheet (“Consumer/Client”), except for editorial products that are not subject to VAT.
Changes regarding Invoice details and Product Shipment can be made directly online modifying the profile with personal details and changing or adding addresses for the shipment.

12. PRIVACY AND PERSONAL DATA TREATMENT

Pursuant to Italian Legislative Decree no. 196/03, the Client hereby consents to the processing of the personal data supplied by him/her to Spisni S.r.l. in order to enable the correct processing of his/her purchase order and all deriving obligations. Processing is carried out using telematic and non-telematic means. If the Client refuses to submit and opposes the treatment of his/her personal data through the above mentioned means, his/her purchase order cannot be processed. The Client’s personal data may also be used for promotional purposes.
The Client has the right to have access to his/her personal data supplied to Spisni S.r.l. in order to exercise the rights pursuant to Section 7 of Italian Legislative Decree 196/03 contacting by email info@lavecchiascuola.com or calling 0039 051.6491576 or sending a fax to 0039 051.3370049

13. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The whole website www.lavecchiascuola.com and all the materials contained within the site are the property of VSB S.r.l. and are protected by copyright, trademark and/or other intellectual property rights laws.
The pages of the website may display trademaks, domain names, company names, firms and signs owned by third parties with which Spisni S.r.l. collaborates for various purposes, and such trademarks, domain names, company names, firms and signs are given the same protection granted to the distinctive signs of Spisni S.r.l. under applicable laws.
For purposes of example only, the above mentioned materials include;
photographs, images, illustrations, texts, videos, audio reproductions, animated and non-animated drawings, logos, trademarks, slogans, any graphic representation and/or text in general and any other material contained in the present website. It is therefore prohibited to copy and/or reproduce website contents in whole or in part.
Spisni S.r.l. informs users of its website that they are prohibited from using all of the distinctive signs owned by Spisni S.r.l., e.g. HTML language commands which, even if not involving the display or formatting of a certain command, nevertheless provide instructions to electronic agents or to search engines to increase the accessibility of any website other than those referable to Spisni S.r.l.

14. JURISDICTION AND APPLICABLE LAW
The present Contract is governed by Italian law.
Any disputes arising out of the performance, execution, validity, interpretation and breach of this Contract  will be decided by the Court of the Italian city in which the Client’s residence is located or by the Court of Bologna if the Client’s residence is located outside of Italy.

15. CHANGES AND UPDATES
The General Terms and Conditions of Sale may be modified in whole or in part as a result of possible changes to current laws.
The new General Terms and Conditions of Sale will be effective as soon as they are posted at www.lavecchiascuola.com