General terms of business of Longo SPA.
Provisions and subject of the contract These general terms of business set out the conditions for the purchase and supply of products covered by contracts concluded remotely on the website of Longo SPA. (the Company) for the client (the Customer) in accordance with and with effect for the current statutory regulations relating to electronic trading and the following amendments and supplements.
1.1 The Customer can examine the general terms of business before placing an online order on the Company’s website in the section marked “terms of business”.
1.2 At the moment at which the online order is submitted, the Customer will be requested to confirm that he has read and accepted it. Pursuant to Law Decree 185/99 the Customer is obliged to print a copy of these general terms of business and a copy of the online order he has signed or to save them to his company so that this provides him with confirmation of the information.
1.3 The online transfer of the order together with the acceptance of these general terms of business constitutes the conclusion of a contract between the Company and the Customer relating to the purchase and supply of the products specified in the order.
1.4 At the same time as the online order is placed, the Customer accepts these general terms of business and payment and undertakes to comply with them by declaring that he has read and accepts all the information supplied to him relating to the statutory regulations that apply to ecommerce and that he is aware that these general terms of business can only be amended in writing.
Value of brochures and samples which appear on the Company’s website
2.1 The quality, materials, colours and all details in the form of illustrations and information relating to the types of services as set out in the catalogues, brochures, circulars, advertising information, illustrations or other descriptive documents issued by the Company must be regarded as non-binding.
2.2 The placement of online orders is reserved exclusively for adult Customers and all orders must be placed by completing the order form available on the website using the instructions provided. The order will be summarised on one page to which the Customer will have access after he has confirmed the order online. The Customer shall be obliged to print and keep a copy of the order he has placed.
2.3 The prices set out in the price list published on the Company’s website are exclusive of value-added tax unless specified to the contrary. The price per unit, the total price and the price inclusive of VAT will be shown in euros in the online order form.
2.4 On the basis of the confirmation of the online order (click on order confirmation), the Customer will receive a notification by electronic mail containing the date, the order number and the grand total of his order including additional and shipment costs, details of which are set out on the Company’s website.
3.1 By sending his online order the Customer authorises the Company to complete the order he has placed when sending the order constituting consent for printing (“print consent”). After “print consent” has been given, any prints which differ from the original print of the Customer shall be charged exclusively to the customer who hereby accepts all liability against third party claimants.
4.1 Any retrospective changes to the online order may be commissioned at the expense of the Customer.
Equipment – semi-finished products – photo-lithographs
5.1 All equipment and semi-finished products used for production purposes shall remain the property of the Company in all circumstances and will not be released. Photo-lithographs are and shall remain the property of the Company and shall be discarded without any prior notice.
Material owned by third parties
6.1 Any material owned by third parties supplied by the Customer shall remain in the Company’s storage facility and shall not be covered by any insurance cover.
6.2 Material owned by third parties must be collected from the Company within four weeks of the completion of the order. After this period has elapsed the Company will no longer accept any liability for such material.
7.1 In the event of a breach of reproduction rights owned by third parties and of copyright, the Customer shall bear sole liability.
7.2 The Customer also declares that he shall exempt the Company from all liability and shall ensure that the Company suffers no damage from any complaints and/or lawsuits and that the Customer shall also pay any legal costs with which the Company may be charged and/or which it is ordered to pay.
8.1 The purchased products shall be supplied to the address specified by the Customer in the online order. They shall be transported at the risk of the Customer. The costs of packing, transport, taxes and insurance, which are itemised in the online order, shall also be charged to the Customer.
8.2 Notwithstanding agreements to the contrary, the lead times specified in the order and agreed between the parties shall be regarded as non-binding and approximate. Any delay in the delivery of the products shall not entitle the Customer to refuse to accept them, to cancel the order or to lodge claims for compensation as a result of the late delivery or failure to deliver part or all of the consignment.
8.3 The invoice for the purchase price shall be attached to the ordered products and shall be supplied at the same time as the delivery of the products.
9.1 Products errors and quality defects must be reported by the Customer at the latest within eight days of receipt of the goods by sending written notification to fax number +39 0471 243380 or to the following email address email@example.com. Otherwise all such complaints will not be accepted. A copy of the invoice or the delivery note must be attached to the complaint.
9.2 The Company cannot accept any liability for minor discrepancies on the supplied products or for weight, quality and colour discrepancies on the material used.
9.3 In the case of colour reproductions, minor discrepancies from the original may occur or there may be differences between the prints and in this case no complaints shall be accepted as long as the print run has been supplied as per the order.
10.1 All payments must be made in euros. The following methods of payment are possible: - Credit card - EC card The Customer must pay the purchase price including the shipment costs either at the same time as he submits his order confirmation using one of the credit card types that can be used online or the EC card. Payment by credit card: The common credit cards are accepted. The payment transfer is made online using the “Servizi Interbancari” service provider. We accept cards issued by Visa and MasterCard. Customer-related data will be forwarded in secret direct to the “Servizi Interbancari” service provider using the SSL (Secure Socket Layer) system and the service provider shall bear liability for the security of the data transfer.
11.1 The sale of products on the internet is governed by the regulations that apply to consumer protection for contracts relating to remote sales that grant the purchase a right to cancel.
11.2 This right to cancel is applicable to consumers, in other words to private individuals whose actions do not form part of their professional activities. Therefore contracts made by resellers or companies are not covered by this right to cancel.
11.3 Consumers are entitled to cancel their purchase and to return the purchased products within ten days of receipt.
11.4 In the event of a cancellation the consumer shall be entitled to the reimbursement of the purchase price. The shipment costs and costs for returning the products, on the other hand, shall be paid by the consumer.
11.5 If the right to cancel is exercised the consumer must notify the Company of his intention in writing within the period provided for this purpose in the form of a signed declaration delivered to the Company’s address by registered mail with a confirmation of receipt returned to the consumer. This notification must contain the number and the date of the order, the number and date of the invoice, if one has been issued, and the method of payment to be used to reimburse the consumer: - Bank transfer - Non-transferrable cheque If the consumer wishes to receive his reimbursement by bank transfer, the bank account details (IBAN) of the consumer must be provided. If the consumer wishes to receive his reimbursement in the form of a non-transferrable cheque, the consumer shall bear the risk of its possible loss and/or non-redemption after the cheque has been issued and dispatched.
11.6 The Customer is obliged to pack the products and return them by courier to the following consignment address:
Longo SPA. Via J. Kravogl 7 39100 Bolzano (BZ)
11.7 The reimbursement of the purchase price paid by the Customer shall be completed within 30 days of receiving the returned products.
11.8 If the products returned by the Customer have not been returned carefully packed in their original packaging, the Company may refuse to accept the freight shipment and also refuse to reimburse the purchase price.
Forces majeures and unreasonableness
12.1 If events occur as a result of forces majeures which prevent or considerably restrict the production at the Company’s businesses, in accordance with Art. 1256 C.C. the party to the contract affected by such events cannot be made liable for the delay in fulfilment for the duration of such forces majeures. The Customer cannot withdraw from the contract in cases of forces majeures and also may not lodge any claims for compensation.
12.2 If the provision of the services becomes definitively impossible, the obligation on the part of the Company shall be rendered null and void.
12.3 If the fulfilment of the obligations of the Company on the basis of the provision of the services agreed originally proves to be unreasonable for any other reasons which would not be foreseeable for an experienced entrepreneur since a cost has risen by more than ten percent, the Company may demand a change to the contract terms and (if no agreement can be reached) declare that the contract has been cancelled.
Assignment of the contract
13.1 The Customer may not assigned its position in the contractual relationship or in individual points derived from this without the written consent of the Company; the Customer shall be jointly and severally liable with the assignee for the assigned obligations even after the assignment has been made.
Place of jurisdiction
14.1 Apart from cases in which the Customer is a consumer, the exclusive place of jurisdiction for all disputes relating to or in connection with contracts to which these general terms of business apply shall by Bolzano, Italy. The provisions of this contract listed below are hereby expressly accepted: Art. 3 (Completion consent); Art. 4 (Retrospective changes); Art. 5 (Semi-finished products); Art. 6 (Material owned by third parties); Art. 7 (Copyright); Art. 8 (Delivery); Art. 9 (Complaints); Art. 11 (Cancellation); Art. 14 (Place of jurisdiction)
Pursuant to Law Decree No. 196 dated 30 June 2003 “Legal regulations relating to the protection of personal data”, we would like to point out that the data you send to us shall be processed in accordance with the principles of correctness, reliability and transparency and are protected in terms of confidentiality and current laws. The customer-related data voluntarily disclosed to the Company by completing the order form on this website shall be used exclusively for completing the order. Data Protection Officer is Mr. Harald Longo, Mr. Günther Longo. The Data Protection Officer in accordance with the use of the web trading system is as follows: Mr. Harald Longo, Mr. Günther Longo . The personal data will be processed by the Company on a strictly confidential basis using manual, electronic and telematic methods. Pursuant to Law Decree No. 196 dated 30 June 2003 “Legal regulations relating to the protection of personal data”, the Customer shall be entitled to access his data and to demand that data corrections, supplements, deletions or access blocks by completed by the Data Protection Officer. Pursuant to Law Decree No. 196 dated 30 June 2003 “Legal regulations relating to the protection of personal data”, we would like to point out that the data you send to us shall be used exclusively for completing the order. Your personal data shall not be disclosed to third parties. The provision of the data is optional. If data marked with asterisks are not supplied, this may prevent the completion of the order. Only the Company’s service providers charged with their processing shall have access to the digital data media. The Data Protection Officer with full legal effect is the following: Mr. Harald Longo, Mr. Günther Longo.
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