Terms and Conditions of Sales
RETAIL CONTRACT: GENERAL CONDITIONS
These general conditions of sale govern only the seller/buyer relationship between WILD srl, VAT Registration No. 04086020247, Via Bonamigo, 42 - 36061 Bassano del Grappa (VI) Italy, Phone +39 051 0939014, e-mail firstname.lastname@example.org, in the person of its current legally-authorised representative (hereinafter “the Seller”) and consumers making purchases at the website www.searsland.it.
a) the Seller operates a website at www.searsland.it (hereinafter “the Website”);
b) the Website is designed for commercial business-to-consumer (B2C) transactions;
c) the purpose of the Website is to match purchase proposals and acceptance of products line as specified below;
d) the term “General Conditions of Sale” herein refers to the contract for the sale of the Seller’s products to the Purchaser using an online distance selling arrangement organized by the Seller;
e) purchasers’ purchases at the website are governed by these General Conditions of Sale;
f) the Purchaser’s status is that of a “consumer”, ie a natural person who is making the purchase hereunder for purposes not connected with any commercial or professional activity carried on by him/her;
g) this contract – and the conditions provided for herein – concern only B2C retail sales as defined above;
h) all such contracts are to be made directly by the Purchaser accessing the website www.searsland.it and then following the instructions to access the area of the website reserved for e-commerce;
i) the website trademark and logo are the Seller’s exclusive property;
now, therefore, the Parties hereby agree as follows:
1. Recitals and Annexes
The above Recitals and the Annexes to these General Conditions of Sale form an integral and essential part of the contract;
2.1 In these General Conditions of Sale the following terms shall have the meanings assigned to them below:
a) “Online Sales Contract” means a distance selling contract made between a seller and a purchaser/final consumer within the framework of an organized sales regime which uses the remote communication technology known as “the Internet” up to and including the making of the contract;
b) “the Seller” refers to WILD srl, VAT Registration No. 04086020247, registered office Via Bonamigo, 42 - 36061 Bassano del Grappa (VI) Italy(a Party to this contract), which operates the Website and there sells the products indicated below direct to users (Purchasers);
c) “Products” refers exclusively to movable goods and/or services listed in the Website’s online catalogues;
d) “Purchaser” (or “Purchasers”) refers to a final consumer/customer who has been authorized to use the Website to buy products as indicated in these General Conditions;
e) “Consumer” means a natural person buying goods or services neither for their own commercial or professional purposes nor as intermediary for those of another person;
f) “the Parties” refers to the Seller and the Purchaser jointly;
g) “the Website” refers to the Seller’s website www.searsland.it through which purchases can be made online;
h) “Consideration” refers to the individual product’s selling price;
3. The contract
3.1 These General Conditions of Sale, which are made available to the Purchaser to copy and/or keep as prescribed in Art. 12 of the E-Commerce Act, Legislative Order No. 70 of 9 April 2003, concern the sale of products for a consideration, conducted at a distance over a data communication network through an Internet site belonging to the Seller.
3.2 Under the conditions set out herein the Seller sells and the Purchaser purchases, at a distance, the movable goods referred to below.
3.3 The goods with which this contract is concerned are all products which the Purchaser has selected and put into his/her virtual basket according to the online purchasing procedures indicated in the website.
3.4 The said products are displayed on the Website at www.searsland.it.
4. Acceptance of the conditions of sale
4.1 These general conditions shall take effect immediately upon the making of this contract; they may be revised, supplemented or modified by the Seller at any time on giving notice thereof on the Website, and such revisions, modifications and/or additions shall take effect for all purchases made thereafter.
4.2 Once the purchaser has registered with the website all his/her purchase orders shall be given to the Seller by going through the prescribed purchasing procedure.
4.3 These general conditions of sale must be viewed online by the Purchaser before the purchasing procedure can be completed. The confirming of a purchase order therefore implies the purchaser’s awareness and acceptance of these conditions in full.
4.4 In electronically sending a confirmation of his/her purchase order the Purchaser unreservedly accepts and undertakes to comply with the general conditions and agreed payment terms in his/her dealings with the Seller, declares that he/she has perused and accepts all the indications provided by the Seller under the above-mentioned Act, and acknowledges that the Seller is not to be considered bound by any other conditions unless agreed in writing beforehand.
4.5 For the benefit of the Purchaser the sales transaction is governed by the provisions of Legislative Order No. 206 of 6 September 2005 (“the Consumer Code”), and his/her confidential information is protected by Legislative Order No. 196 of 30 June 2003 (“the Privacy Code”) and EU Regulation 2016/679 (“the GDPR”), as amended.
4.6 The acceptance of the conditions of sale must be indicated by accurately completing all sections of the online form, following the instructions, and finally checking all the boxes relating to the conditions of sale in token of acceptance thereof, and giving or withholding consent to the processing of personal details in accordance with the privacy regulations.
5. Purchasing arrangements; selling prices
5.1 The products, the prices and the conditions of sale displayed on the Website are expressed in terms of euros and constitute an offer for sale to the public; in sending an order, therefore, the Purchaser is accepting the Seller’s proposal for a contract.
5.2 The prices include VAT and all other taxes or duties. Packing and postage/delivery costs must be borne by the Purchaser apart from certain exceptions and/or derogations displayed on the website. The Purchaser shall in any case be told the amount of the packing and postage/delivery costs before confirming the purchase.
5.3 Purchasers can pay for their orders using the modes of payment indicated online during the purchase transaction.
5.4 When the Purchaser’s order is received the system will automatically send a confirmation e-mail with a summary of the order showing the consideration for the goods sold, including VAT and packing and postage/delivery costs. If those extra costs cannot reasonably be estimated beforehand then the confirmation e-mail will state that those extras may be charged to the Purchaser on dispatch or delivery.
5.5 The Purchaser hereby expressly declares that he/she is making the purchase for purposes not connected with any commercial or professional activity carried on by him/her.
6. The making of the contract
6.1 Contracts made through the Website shall be deemed to be made when the Seller gets the Purchaser’s order by e-mail. The place where the Contract is made is the Seller’s registered office.
Art. 7. Delivery arrangements
7.1 The Seller will arrange for the products selected and ordered to be delivered to the Purchaser at the address indicated by him/her as provided for above, using couriers and/or forwarding agents chosen and trusted by the Seller. Delivery shall take place on or before the date stated in the order confirmation.
7.2 If the Purchaser is unavailable a notice will be left explaining how to contact the courier or forwarding agent in order to agree delivery arrangements.
7.3 In no way shall the Seller be liable for any failure to deliver on time caused by factors beyond the Seller’s control or by random accidents.
7.4 Upon receipt of the consignment the Purchaser must check that the products sent match those ordered; only after making that check should he/she sign the delivery slip, without prejudice, of course, to the right to cancel set out in Art. 11 of these conditions. The right to cancel shall not apply in the case of goods which have been custom made for the purchaser.
7.5 The Purchaser is at liberty to choose another carrier, though in that case carriage will naturally be at the Purchaser’s sole risk and charge, and must be paid in advance.
Art. 8. Liability
8.1 The Seller declines all liability for failure to deliver the goods on time due to factors beyond its control (eg accident, explosion, fire, strike or lockout, earthquake, flood or other similar events) which make it impossible to perform some or all of the contract by the agreed date.
8.2 The Seller shall be answerable neither to the other Party nor to any other party for damages in respect of loss or expense incurred following a failure to perform the contract for any of the above-mentioned causes; the Purchaser shall be entitled only to a refund of any consideration paid.
8.3 The Seller warrants that it is at liberty to sell the Products listed in the online catalogues, and that none of them is pledged, pawned or otherwise encumbered. The Sale of Goods provisions of the Italian Civil Code shall apply in every instance.
Art. 9. Guarantees and arrangements for after-sales support
9.1 The Seller only markets original products of high quality. They are guaranteed for two years from the date of delivery of the goods.
9.2 If an item is found to be defective the provisions of the Consumer Code shall apply. Any defects must be reported within eight days of being discovered, failing which the Purchaser’s guarantee rights shall lapse.
Art. 10. Purchaser’s obligations
10.1 The Purchaser hereby undertakes, once the purchase procedure is finished, to print out and keep these general conditions – which, moreover, he/she will already have inspected and accepted before making the purchase – and the details of the product(s) purchased, so as to fully satisfy the condition provided for in the Consumer Code.
10.2 The Purchaser is strictly forbidden to enter false and/or made up and/or fictitious details on the special online registration form; the personal details and e-mail address supplied may only be the Purchaser’s real ones and not those of other persons, nor made-up ones. The Purchaser accordingly takes full responsibility for the accuracy and truthfulness of the details entered on the online registration form with a view to completing the procedure for purchase of the products.
10.3 Registering the same person twice is expressly forbidden, as is entering someone else’s details. The Seller reserves the right to take legal action against any such contravention or abuse, both in its own interest and for the protection of all consumers.
10.4 The Purchaser hereby undertakes to indemnify the Seller in respect of any liability arising from the uttering of tax-related documents containing errors relating to the data provided by the Purchaser, and accepts sole liability for the correctness of his/her entries.
Art. 11. Right to cancel
11.1 Under Art. 52 of the Consumer Code the Purchaser can exercise his/her right to cancel within 14 days of the delivery of the goods without providing any explanation and without needing to pay anything beyond the costs provided for in Articles 56(2) and 57.
11.2 In the event of cancellation the Parties shall no longer be obliged to perform the contract.
11.3 If the goods have already been dispatched, the Purchaser must return them by post at his/her own expense within 14 days of delivery. If the nature of the goods is such that they cannot be returned by post, the Seller shall arrange to retrieve them at its own expense, in which case the Purchaser must promptly make them available to the Seller or the Seller’s authorized representative.
11.3 The Purchaser is responsible for any loss of value suffered by the goods as a result of being handled other than as necessary to establish their nature, characteristics and functioning.
11.4 The Seller shall refund all payments received from the Purchaser, including any charge for deliveries that have not yet taken place, without undue delay and in any case within 14 days of being informed of the Purchaser’s decision to cancel. The Seller shall make the refund using the same means of payment as used by the Purchaser for the original transaction, unless the Purchaser has expressly agreed otherwise and made sure that the Seller incurs no expense as a consequence of the means of reimbursement used. The Seller is not obliged to refund extra costs when the Purchaser has expressly chosen a form of delivery other than the cheapest option offered by the Seller.
11.5 There shall be no right to cancel in the following cases:
a) goods whose price is connected with fluctuations in financial markets which the Seller cannot control and which can occur during the cancellation period;
b) goods which have been custom made or are obviously personalized;
c) sealed goods unsuitable for returning on grounds of health or hygiene which have been opened after delivery;
Art. 12. Termination of the contract
12.1 The Parties hereby stipulate that the Contract shall be terminated in law in the event of any failure to perform any of the following obligations:
- the obligations provided for in Art. 5 (Purchasing arrangements and selling prices);
- the obligations provided for in Art. 8 (Liability);
- the obligations provided for in Art. 10 (Purchaser’s obligations):
- the obligations provided for in Art.15 (No assignment).
12.2 Under Civil Code Art. 1456, the Party intending to invoke termination must give the other Party notice thereof by registered letter or certified secure e-mail (Posta Elettronica Certificata or PEC), stating the grounds for termination; the termination shall take effect on the date of receipt of the notice of termination as shown on the acknowledgement of the registered letter or PEC, and the Purchaser shall be entitled only to any moneys already paid.
Art. 13 Communications
13.1 Except as expressly indicated – or legally mandatory – communications between the Seller and the Purchaser shall preferably be made by e-mail to their e-mail addresses, and this shall be regarded by both Parties as a sufficient means of communication which may be produced in court without being challenged on the grounds that they are merely digital documents.
13.2 Either Party may change its e-mail address at any time, provided it gives the other party timely notice as prescribed in the foregoing sub-paragraph.
Art. 14. Processing of personal details
14.2 The rights arising from the Privacy regulations and the Seller’s mandatory Notice thereunder are set out for perusal online before the purchasing procedure is completed. Sending confirmation of an order, therefore, implies full awareness of them.
Art. 15. No assignment
15.1 Neither Party may assign the contract.
Art. 16. Applicable law and jurisdiction
16.1 Any dispute relating to the application, execution, interpretation or breach of a purchase contract agreed online through the Seller’s Website shall be subject to Italian law for all purposes including those provided for in Art. 3 of the Rome Convention on the Law Applicable to Contractual Obligations (Convention No. 80/934/EEC of 19 June 1980); on matters not expressly provided for herein these general conditions refer to the Consumer Code.
16.2 The Parties undertake to seek an amicable settlement of any dispute arising from or in connection with this contract.
16.3 If a dispute has not been resolved amicably within six months of being raised, it shall be brought before the Court of the district where the Purchaser is domiciled, which shall have sole jurisdiction.
Art. 17. Final provisions
17.1 This contract cancels and replaces any written or oral agreement, understanding or negotiation which may have previously taken place between the Parties concerning its subject matter.
Art. 18. Applicable law and reference to statute.
18.1 - This contract is governed by Italian law.
18.2 – Any matter not expressly provided for herein shall be settled under the statutory provisions applicable to the relationships and situations dealt with hereby and, in any case, by the provisions of the Civil Code and the Consumer Code.