General sales conditions
(Last update 03 December 2019)
The general sales conditions (hereinafter, “General sales conditions” or “Contract”) relating to the purchase of products offered for sale on the website calla.it ( below, “Site”).
The buyer declares to be of age (having at least 18 years of age) and to carry out the purchase as “consumer”, that is to say of a person who makes the purchase for purposes not related to the commercial or professional activity (hereinafter “Purchaser”).
Information on the seller
The seller of the products on the Site is C.alla S.r.l., with registered office in Via del Lavoro n. 85, 40033 – Casalecchio di Reno (BO), Italy, REA: BO – 539931, CF and P.IVA 03702171202, (hereinafter, “C.alla S.r.l.” or “Seller”), which can be contacted by telephone at the number + 39 389.688440, via email at email@example.com, via pec (certified email) at firstname.lastname@example.org.
Subject of the contract
With this Agreement, C.alla S.r.l. sells and the Buyer buys at distance through telematic tools, the products (tangible movable property) indicated and offered for sale on the Site.
Conclusion of the contract
The conclusion of the Contract between C.alla S.r.l. and the Buyer takes place online, through:
- a) the exact and complete compilation by of the Buyer of the “fields” provided for in the online purchase procedure;
- b) the display on the web page of the summary of the order that the Purchaser intends to carry out, printable and memorable (download), which contains the data of the Seller and the Buyer, the information relating to the product chosen, the price including the taxes, shipping costs and any additional charges, the methods and terms of payment, the address where the product will be delivered, the times and methods of delivery and the existence of the right of withdrawal;
- c) the subsequent express acceptance by the Purchaser of these “General Sales Conditions” by ticking the dedicated check-box;
- d) the sending by the Buyer of the purchase order with the obligation to pay by means of the virtual negotiation button “Order with obligation to pay”;
- e) as part of the online purchase procedure, the Buyer may identify and correct any data entry errors before sending the purchase order to the Seller.
After the electronic transmission of the purchase order by the Purchaser, the confirmation of the order submission with relative summary, printable and memorable (email) will be displayed on the web page, in which the information referred to in the letter will be reported b) of the previous point.
After receiving the purchase order from the Buyer, C.alla S.r.l. will send the Buyer the receipt of the order by e-mail in which the information referred to in letter b) of the previous point will be reported and which will contain a digital copy attached (in pdf format) of these General Terms and Conditions of Sale.
The Contract is not considered to be perfected and effective between the parties in default of all the aforementioned.
Methods of payment and reimbursement
The payment by the Buyer can only be made by the following methods: Bank Transfer and PayPal.
Any reimbursement to the Buyer will be made, unless otherwise specifically agreed between the parties, by the same means of payment used by the Buyer for the initial purchase, in a timely manner and, in the event of exercise of the right of withdrawal (see following paragraph “Right of withdrawal”) within a maximum of 14 (fourteen) days from the date on which C.alla S.r.l. became aware of the withdrawal. In case of exercise of the right of withdrawal by the Purchaser, the refund can be suspended until receipt by C.alla S.r.l. of the products or, if prior, until the demonstration by the Buyer of having sent the products back.
Delivery times and methods
C.alla S.r.l. will arrange to deliver the selected and ordered products, with the methods and relative timing chosen by the Buyer among those possible indicated on the Site at the time of the offer of the product, as confirmed in the order summary.
The shipment of the product to the Buyer will in any case take place no later than 30 (thirty) days from the date of conclusion of the Contract (receipt by the Buyer of the order confirmation by email from C.alla S.r.l.), except for specific circumstances (holidays, strikes, etc.) that are independent of the will and beyond the control of C.alla S.r.l.. In the event that the Seller is unable to ship within that period, it will promptly notify the Buyer via email.
All sales prices of the products displayed and indicated on the Site are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.
Sales prices include VAT and any other tax. Shipping costs and any additional charges (for example, customs clearance), if present, although not included in the purchase price, will be indicated and calculated in the purchase procedure before the order is forwarded by the Purchaser and also reported on the web page and in the email summary of the order made.
Limitations of responsibility
C.alla S.r.l. does not assume any responsibility towards the Purchaser:
- for disruptions due to force majeure if the order cannot be executed within the time allowed by the Contract;
- except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside of its own control or that of its subcontractors;
- regarding 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 only entitled to a full refund of the price paid and any additional charges incurred;
- for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, for the payment of the products purchased, if you show that you have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
Responsibility and obligations of the Seller towards the Buyer (as “consumer”): liability for defects, proof of damage and reparable damages
In accordance with articles 114 et seq. of the Consumer Code (Legislative Decree 206/2005), the Seller is responsible for the damage caused by defects of the product sold if it fails to communicate to the injured party, within 3 (three) months from the request, the identity and the domicile of the producer or the person who provided the good.
The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
No compensation will be due if the injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and so mainly used by the injured party.
The damage to things referred to in article 123 of the Consumer Code (Legislative Decree 206/2005) will, however, be compensable only to the extent that it exceeds the sum of 387.00 euros (three hundred eighty-seven euros).
Legal guarantee of conformity
All products sold by C.alla S.r.l. are covered by a legal guarantee for any lack of conformity that occurs within the period of 24 (twenty-four) months from the delivery of the product (articles 128 and following of the Legislative Decree 206/2005 – Consumer Code).
It is assumed that the products comply with the Contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description given by the Seller and possess the qualities of the goods that the Seller has presented to the consumer as a sample or model; c) present the quality and usual performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, from the manufacturer or his agent or representative, in particular in advertising or labeling; d) they are also suitable for the particular use intended by the consumer and which has been brought to the attention of the Seller by the time the Contract is concluded and that the Seller has accepted also for conclusive facts.
The Buyer forfeits all rights if he does not report to C.alla S.r.l. the lack of conformity within 2 (two) months from the date on which the defect was discovered. The complaint is not necessary if C.alla S.r.l. has acknowledged the existence of the defect or has concealed it.
In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 (six) months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.
In the event of a lack of conformity, the Buyer may request, alternatively and without charge, the repair or replacement of the purchased item, a reduction in the purchase price or termination of this Agreement, unless the request is not objectively impossible to satisfy or results to C.alla S.r.l. excessively burdensome pursuant to Article 130, paragraph 4, of the Consumer Code (Legislative Decree 206/2005).
The request must be sent in writing, by registered mail with return receipt, to C.alla S.r.l., which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within 7 (seven) working days from receipt.
In the same communication, where C.alla S.r.l. has accepted the Buyer’s request, it must indicate the method of shipping or returning the product, as well as the deadline for returning or replacing the defective product.
If the repair and replacement are impossible or excessively burdensome, C.alla S.r.l. has not repaired or replaced the product within the time limit referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconveniences to the Buyer, the latter may request, at his option, a reasonable price reduction or termination of the Contract. In this case, the Buyer must send his request to C.alla S.r.l., which will indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within 7 (seven) working days of receipt.
In the same communication, if C.alla S.r.l. has accepted the request of the Buyer, it must indicate the reduction of the proposed price or the methods for returning the defective goods. In such cases it will be the Buyer’s responsibility to indicate the methods for crediting the sums previously paid to C.alla S.r.l.
The Buyer undertakes to pay the price of the goods purchased with the methods and terms indicated above (paragraph “ 4. Methods of payment and reimbursement “), guaranteeing the successful completion of the payment.
These obligations are essential, so that, by express agreement, any default will result in the termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial ruling.
The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this Contract (including its attachments) and the order receipt.
Right of withdrawal
The Buyer (as “consumer”) has the right to withdraw from the Contract, without penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased product. The right of withdrawal is, in particular, excluded in relation to the supply of tailor-made or clearly personalized products.
Below is the information relating to the Purchaser’s right of withdrawal:
“You have the right to withdraw from the contract, without giving any reason, within 14 (fourteen) days.
The withdrawal period expires after 14 (fourteen) days from the day on which You or a third party, other than the carrier and indicated by you, acquires physical possession of the goods
To exercise the right of withdrawal, you must inform us (by writing to C.alla S.r.l., Via del Lavoro n. 85, 40033 – Casalecchio di Reno (BO), Italy, or by fax to the number +39 389 6884400 or by email to email@example.com) of the decision to withdraw from this contract through an explicit declaration (for example letter sent by post, fax or e-mail.) To this end, you can use the “Withdrawal Form“, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient you send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal.
If you withdraw from this Agreement, you will be reimbursed for all payments made to us, including delivery costs (except for the additional costs arising from your choice of a delivery type other than the least expensive standard delivery type from we offered), without undue delay and in any case no later than 14 (fourteen) days from the day we are informed of your decision to withdraw from this contract. These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. The reimbursement may be suspended until receipt of the goods or until the consumer has demonstrated that he has returned the goods, whichever is earlier.
You are requested to return the goods or deliver them to us, without undue delay and in any case within 14 (fourteen) days from the day you notified us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.
The direct costs of returning the goods will be at your expense.
You are responsible only for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.”
Processing of personal data
The processing of the Buyer’s personal data is carried out by C .alla Srl in full compliance with the regulations in force and with the provisions of the Guarantor for the protection of personal data.The Buyer is invited to carefully read the “Privacy Information” of the Seller which is an integral part of this Agreement and, therefore, from be fully understood here reported.
Storage mode of the Contract
The Seller informs the Purchaser that each order sent is stored in digital and paper form respectively on the server and at the headquarters of the Seller according to the privacy and security policies.
Communications and complaints
For any communications and complaints, unless otherwise indicated in this Agreement, you can contact the Seller at the following addresses:
Via del Lavoro n. 85, 40033 – Casalecchio di Reno (BO), Italy
CF and VAT number: 03702171202
REA: BO – 539931
Phone: +39 389.6884400
The Buyer indicates during the online purchase procedure his or her residence or domicile, the telephone number or the e-mail address to which the Seller’s communications are sent.
Settlement of disputes
All civil disputes arising from this Agreement will be referred to the Chamber of Commerce of Bologna and resolved according to the Conciliation Rules adopted by the same.
If the Parties intend to appeal to the ordinary judicial authority, the competent Court is that of the place of residence or domicile of the Buyer (as “consumer”) if located in the territory of the Italian state, without fail pursuant to art. 66-bis of the Consumer Code (Legislative Decree 206/2005).
This Agreement is governed by Italian law.
Although not expressly provided herein, the laws applicable to the relationships and the cases provided for in this Agreement, and in particular the art. 5 of the 1980 Rome Convention.
According to the art. 66-quater of the Consumer Code (Legislative Decree 206/2005), the provisions contained in Part III (“The Consumer Relationship”), Title III (“Contractual Procedures”), Chapter I (“Consumer rights in contracts “) of the Consumer Code (Legislative Decree 206/2005).