General and Contractual Conditions of Sale
of Amarcords S.r.l. for the site www.amarcords.com
Review this document carefully before using the services. The consumer could renounce access to the website if he does not want to accept and respect these terms and conditions.
Pursuant to and for the purposes of the law decree 22/05/1999, n. 185 “Implementation of Directive 97/7 / EC relating to the protection of consumers in respect of distance contracts” and Circular No. 3487 / C of 01/06/2000 of the Ministry of Industry concerning the Legislative Decree No. 114 of 31/03/1998 “Discipline for the sale of goods by electronic means. E-commerce.”
This contract relates to the sale and purchase of non-food products in the quantity and quality chosen by the consumer by telematic selection on the www.amarcords.com website.
From the moment the consumer accesses and uses the www.amarcords.com site, he is subject to accession and declares his agreement to be legally required to comply with the terms and conditions indicated, including all the documents shown.
Art.1 – Operator:
- Amarcords S.r.l.
Via Aurelio Saffi, 21
20123 MILAN Tax Code and VAT number IT09021550968
Registration in the EEE Manufacturers Register: IT15080000008984
Tel .: 0331.492054 / Fax: 02.45503992 – email@example.com
REA: MI-2063204 – Share capital: 100.000 € i.v.
As owner of the website:
User or customer of the site www.amarcords.com
Art.2 – Nature of goods
The goods and services for sale are those described on the pages of www.amarcords.com, where the product name, the alphanumeric 5-digit code and any description contain the essential characteristics of the goods.
These data are subject to changes, periodic updates, in order to further improve the service for the consumer.
Art.3 – Product prices and availability
The prices of the products are clearly indicated on the website and are inclusive of VAT (22%). The shipping cost, where applicable, must be added to the price of the product, the amount of which varies according to the delivery method requested. If the product is not available, you will be promptly informed by e-mail. The price of the goods purchased is the one summarized in the order form when the Customer accepts these conditions by telematic selection and sends the order form, again electronically (directly online, via e-mail). to Amarcords Srl The Customer is obliged to accept these conditions also for orders placed by telephone; in this case, written confirmation of the order received by e-mail or SMS will be sent to the Customer as per preference shown. The prices and availability of the products marketed by Amarcords S.r.l. through www.amarcords.com are subject to change without notice.
Art.4 – Purchase contracts entered by minors
The purchase can only be made by adults. However, if the purchase by a minor occurs, providing false information relating to age, or false indications to purchase the desired object and / or to access the desired data, the parents are directly responsible for the payment of what purchased without prejudice to the discipline of withdrawal referred to in Article 7 of these conditions of sale.
Art.5 – Orders / Billing
Orders are accepted in writing, E-mail, Internet, telephone. The conclusion of the contract is subject to the payment by the Customer of the entire amount with one of the permitted payment methods. The Tax Invoice could also be issued after the delivery of the goods, within the time frames established by law.
Art.6 – Delivery of the goods
The delivery of the goods takes place in the terms indicated in the proposal, at the address indicated by the consumer and through the courier appointed by Amarcords S.r.l. .The identification of the goods and the relative transfer of ownership take place when the goods are remitted to the courier. With this deed, the delivery obligation imposed on Amarcords S.r.l. will also be considered fulfilled. In order to avoid fraud, the Courier reserves the right to check an identity document, which demonstrates the coincidence of the data between the order information and the credit card holder. For the same purpose, the customer must provide a telephone number, which will be used with extreme correctness, to give more security to the transaction / shipment, as well as the indication of the name on the intercom / bell, if any. If the recipient is absent at the time of delivery, the appointee will leave a message / notice to agree with the customer on another delivery time or allow the collection of the package at the nearest courier’s office. The customer, upon receipt / withdrawal, is required to verify the integrity and the quantity of the goods in the presence of the person in charge of delivery; if the packaging of the shipment shows evident signs of tampering or deformations that could suggest any damage or alteration of the content, the Customer must ACCEPT the package clearly indicating the conditions that are highlighted on the delivery receipt (Transport Document or Waybill) ; or, if the package does not present any visual evidence of any breakages, accept it by ALWAYS signing the delivery note with the words “ACCEPTED WITH RESERVE OF VERIFICATION” so that you can check the contents of the shipment and check the status of the goods subsequently. In the event that one or more products were not in perfect condition because they were damaged during transport, the Customer, after having noted on the delivery note “GOODS WITH DAMAGED PACKAGING”, within 3 (three) working days must inform by e- mail Amarcords Srl at firstname.lastname@example.org. Amarcords S.r.l. will open a file of damage and, at its own expense, within 30 days from the delivery or reporting date, to replace the damaged products or, if this is not possible, to reimburse the Customer for their amount. If the customer contacts Customer Service after the third working day, Amarcords S.r.l. decide to open a damage case involving the replacement of the goods.
Art.7 – Right of withdrawal
Amarcords S.r.l. guarantees the right to withdraw from the purchase contract, referring to Legislative Decree 22/05/1999, n. 185 “Implementation of Directive 97/7 / EC relating to the protection of consumers in respect of distance contracts” and subsequent amendments. The customer can exercise the right of withdrawal no later than 14 days from the date of receipt of the goods. This right must be exercised by sending a written communication by e-mail addressed to email@example.com indicating “Return request” in the subject.
The goods must be returned to the operator intact, in unaltered and complete conditions of the original packaging, at the expense of the customer no later than 14 days from the notice of withdrawal. Amarcords S.r.l. will re-credit the sums paid within a maximum of 30 days from the date on which it received knowledge of the exercise of the right of withdrawal by the Customer and in any case not before having received the return shipment and checked the status of the goods subject to withdrawal. The costs and risks associated with returning the products will be borne by the buyer. In case of shortages or bad condition, the object will not be refunded. It should be noted that the EU legislation provides that the right of withdrawal can be exercised only by natural persons (consumers) who act for purposes that can be considered unrelated to their commercial activity.
The right of withdrawal, therefore, cannot be exercised by legal persons and natural persons who act for purposes related to a commercial activity. Purchases made by resellers or by persons who in any capacity purchase for resale to third parties are also excluded from the right of withdrawal. The right of withdrawal does not apply to the supply of goods made to measure or clearly personalized or which, by their nature, cannot be sent back or risk deteriorating or altering rapidly.
Art.8 – Amarcords S.r.l. guarantees
In the event that one or more products do not correspond to what is requested, Amarcords S.r.l. undertakes to replace them with a new supply or, if this is not possible, to reimburse their amount, no later than 30 days from the delivery date and following notification, to be made within 3 working days, by the Customer to our Customer Service. Inaccurate Products must be returned to Amarcords S.r.l. with expenses to be paid by the same within the term of 15 days from delivery, and in any case after agreements with the Customer for the methods of collection by the Courier in charge. The same must be returned intact, in unaltered conditions and complete with the original packaging and placed in their original packaging, or in any case in suitable packaging to allow safe shipping. Amarcords S.r.l. reserves the right to replace, at its own expense, the incorrect products or to refund their amount only and exclusively following the return to the headquarters and their control. Reporting / Replacement of defective products: In the case of goods deemed defective, the Customer must, within 20 days from the date of receipt of the order, inform via e-mail Amarcords S.r.l. at firstname.lastname@example.org or by phone on +39 0331 492054, so that we can immediately identify any problems and find together a solution.
Art.9 – User Responsibility
- a) Amarcords S.r.l. assumes no responsibility for any damage resulting from the use or incorrect use of the service provided by www.amarcords.com. In no case Amarcords S.r.l., its representatives and its employees, will be responsible towards the User or anyone else.
- b) Amarcords S.r.l. assumes no responsibility for errors and omissions within www.amarcords.com or any website to which reference or link can be made.
- c) Amarcords S.r.l. does not guarantee that the service will meet the user’s needs.
- d) Amarcords S.r.l. reserves the right to a continuous updating of the www.amarcords.com site which can be carried out at any time. The Information may contain inaccuracies of any kind or typing errors.
- e) Amarcords S.r.l. is solely responsible for assessing the accuracy, completeness and usefulness of what is provided on the website www.amarcords.com
- f) Amarcords S.r.l. disclaims any responsibility towards the buyer or third parties for indirect, accidental, consequent, punitive or exemplary damages (including, without limitation, loss of profits, revenues, commercial opportunities) emerged from or in relation to a product or service provided by Amarcords Srl, or by the use or inability to use the same.
- g) Amarcords S.r.l. assumes no responsibility for disservices attributable due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from executing within the times agreed to contract. Amarcords S.r.l. will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, having the Customer entitled only to the refund of the price paid.
- h) Without prejudice to the cases of big negligence of Amarcords Srl, it is now agreed that, if the liability of the same in any capacity towards the Customer was ascertained, including the case of total or partial default, to obligations assumed by Amarcords Srl towards the Customer due to the execution of an order, the liability of Amarcords S.r.l. it cannot be higher than the price of the Products purchased by the Customer and for which the dispute arose.
Art.10 – User responsibility
The User is required to ensure that their data entered is true, complete, updated and to promptly communicate any changes thereto. If false declarations are made, the benefits obtained from the services provided will be lost. Amarcords S.r.l. reserves the right to remove these subjects from their user lists, after a formal and unacceptable invitation to self-correction.
Art.11 – Copyright and Trade Mark
Given that the pages of www.amarcords.com do not intend to voluntarily reproduce any material subject to copyright or in violation of the law; also given that for any original and protected material published on www.amarcords.com, the source is cited, if there is a violation of copyrighted material, whatever the holder of the same, it is required to notify the Staff of www .amarcords.com (via e-mail to email@example.com) which will immediately investigate and resolve, once the situation has been ascertained, by removing this content. In the download section there are also the registrations of trademarks and patents made by Amarcords at the European Intellectual Property Institute (EUIPO). It should be noted that each product or product name and their description, each denomination and relative description, company, organization, names of people, brand, logo mentioned on this site are trademarks or designs belonging to their respective owners or owners and can be protected by patents and / or copyrights granted or registered by the competent authorities. We declare exceedingly that all the contents of the www.amarcords.com site, such as texts, files, tables, information present on the pages of the site, graphic elements, HTML, logos, keys, icons, images, graphics, audio tracks- video, compilation (meaning collection, arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases etc., used on the site are to be considered exclusive property of Amarcords Srl or its content and product suppliers and are protected by US and international national laws (L. 663/1941 and subsequent amendments) on copyright, patents and those relating to intellectual and / or industrial property; The user cannot modify, duplicate, distribute, transmit, reproduce, publish, license, cr eare derivative works, transfer or sell information, software, products or services obtained from this website even in the absence of profit. Illicit use of images, photos and original banners created by Amarcords S.r.l. will be particularly monitored. in your photo studio. Any authorization must be requested in writing by e-mail and will be deemed accepted only with the specific consent of the directors of Amarcords S.r.l., always in writing. Silence does not give rise to any authorization. Any use other than that provided for in these “General and Contractual Conditions of Sale of Amarcords S.r.l. on www.amarcords.com “including the reduction, modification, distribution, transmission, reproduction, display or performance of the contents of this site is prohibited and any unauthorized use of the resources present on www.amarcords.com constitutes violation of copyright, except in the case of a more serious offense, and exposes the person responsible to the relative civil and criminal consequences foreseen by art. 171, 171-bis, 171-ter, 174-bis and 174-ter of law 633/1941 and subsequent amendments.
Art.12 – Jurisdiction
This contract is governed by the rules of the legal system of the Italian Republic. For any controversy inherent in this contract, the Court of Milan is bound to be competent.
This page is intended to describe how the site is managed with reference to the processing of the personal data of visitors who consult it.
This is an information note also pursuant to art. 13 of Legislative Decree no. 196/2003 – Code regarding the protection of personal data to those who connect to the corporate websites of Amarcords S.r.l. (hereinafter “Websites”) by accessing web services electronically.
The information is provided for the Websites and not for other websites that may be consulted by the user through links.
The information is also inspired by the directive 2009/136 / EC, which introduced new rules on cookies, and the Recommendation n. 2/2001 adopted by the European authorities for the protection of personal data to identify some minimum requirements for the collection of online personal data, and, in particular, the methods, times and nature of the information that the data controllers must provide to users when they ask by mail to firstname.lastname@example.org.
The owner of their treatment is Amarcords S.r.l.
Place of data processing
The processing connected to the services of the Websites takes place at the headquarters of the company Amarcords S.r.l. and are only handled by personnel in charge of processing, or by any persons in charge of occasional maintenance operations.
The data deriving from the web service may be communicated to the technological and instrumental partners used by the Data Controller for the provision of the services requested by visitors.
The personal data provided by visitors visitors who send requests to send informative material (requests for information, answers to questions, etc.) or other communications (orders) are used for the sole purpose of carrying out the service or provision requested and are communicated to third parties only if this is necessary for this purpose (provision of the services requested through the technological and instrumental partner).
Types of data processed
During their normal operation, the IT systems and software procedures used to operate the Websites acquire some personal data whose transmission is implicit in the use of Internet communication protocols.
This is information that is not collected to be associated with identified interested parties, but which by its very nature could, through processing and association with data held by third parties, allow identifying the computers that connect to the site.
This category of data includes the IP addresses or domain names of the computers used by users who connect to the Websites, the addresses in URI (Uniform Resource Identifier) notation of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numeric code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the operating system and the user’s computer environment.
These data could be used for the sole purpose of obtaining anonymous statistical information on the use of the Websites and to check their correct functioning. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site.
Data provided voluntarily by visitors
The optional, explicit and voluntary sending of personal data to access certain services, or to make requests for information at the addresses indicated on the Websites, involves the subsequent acquisition of the personal data included in the sender’s request, necessary to respond to the same.
Specific summary information will be progressively reported or displayed on the pages of the site set up for services on request.
Cookies are computer files that can be saved on the user’s computer (or other devices enabled for internet browsing, for example smartphones or tablets) when he visits the Websites. Usually a cookie contains the name of the website from which the cookie itself comes and the ‘life span’ of the cookie (i.e. how long it will remain on the user’s device).
Cookies inserted as essential for the functioning of the Websites
Websites use session and persistent cookies, for the sole purpose of offering a more efficient service.
The use of these cookies is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary to allow us to provide the services and functions of the Websites in a complete way.
The cookies used on the Websites avoid the use of other IT techniques that are potentially detrimental to the confidentiality of user navigation and do not allow the acquisition of directly identifying user data.
Those interested who do not want the cookies in question can delete them after browsing simply by going to the privacy settings of their navigation browser and selecting the option to delete cookies.
Cookies inserted for aggregate analysis of site visits
Amarcords S.r.l. makes use of aggregate navigation data analysis tools that allow to improve the Websites (Web Trends and Google Analytics).
Users who do not want the cookies in question can prevent their storage on their computer through the special “browser add-on for deactivating Google Analytics” made available by Google. To activate the component, which inhibits the sending of information on the user’s visit, simply install it following the instructions on the screen, close and reopen the browser.
Cookies inserted to publish interest-based ads
Websites may use third-party cookies to publish advertisements defined based on users’ interests. This information is collected while the user is browsing and is in no way connected to the account with which the user accesses the Websites.
How to disable cookies
Most internet browsers are initially set up to accept cookies automatically. The user can change these settings to block cookies or to warn that cookies are sent to the user’s device. There are various ways to manage cookies. The user can refer to the instruction manual or to the help screen of his browser to find out how to adjust or change the settings of his browser.
In case of different devices (for example computers, smartphones, tablets, etc.), the user will have to make sure that each browser on each device is set to reflect your preferences regarding cookies.
Optional supply of data
Apart from what is specified for navigation data, the user is free to provide his personal data using the appropriate sections of the Websites and to request or request the sending of informative material or other communications.
Their absence can only make it impossible to obtain what is requested.
Personal data are processed with automated tools for the time strictly necessary to achieve the purposes for which they were collected.
Specific security measures are observed to prevent data loss, illicit or incorrect use and unauthorized access.
Amarcords S.r.l., to minimize the risks relating to the confidentiality, availability and integrity of the personal data collected and processed, has adopted all the minimum-security measures required by law.
Rights of the interested parties
The subjects to whom the personal data refer have the right at any time to obtain confirmation of the existence or otherwise of the same data and to know its content and origin, verify its accuracy or request its integration or updating, or rectification (Article 7 of Legislative Decree No. 196/2003).
Pursuant to the same article, you have the right to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law, and to oppose in any case, for legitimate reasons, to their treatment.
Requests should be addressed to Amarcords S.r.l. as Data Controller.