Terms & Conditions
Contract for the Sale of Consumer Goods Online
The Purchasing party hereby declares the purchase made is for reasons outside of commercial or professional activity.
The goods subject to these general conditions are to be sold by the company Umberto Crespi based in Milan, Via Casella 26, 20156 Milano, registered with the Chamber of Commerce of Milano at n. MI-2084642 of the Company Register, VAT 09260820965 hereinafter referred to as "Supplier".
Art. 1 - Definitions
1.1. The term "contract for sale online" refers to the purchase agreement relating to movable tangible item of the Supplier, signed between them and the Buyer as part of a remote sales system via telematics (web tools) organized by the Supplier.
1.2. The term "Buyer" refers to the physical person undertaking the purchase, which under this contract, are not to be used for purposes related to any commercial or professional activity.
1.3. The term "Supplier" refers to the party specified above or the providers of information services.
Art. 2 - Subject of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer acquires remotely via telematics movable goods that are indicated and offered for sale on the site: www.crespistore.com.
2.2. The products referred to in the preceding paragraph are illustrated on the webpage: www.crespistore.com.
Art. 3 - Mode of securing the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively online upon access by the Buyer of www.crespistore.com, where, following the procedures indicated, the Buyer formalizes the proposal for the contract for the purchase of goods referred to in paragraph 2.1 of the previous article.
Art. 4 - Conclusion and effectiveness of the contract
4.1. The purchase agreement is concluded by correctly completing the application form and the consensus expressed by accessing online or by completing the form attached to the electronic catalogue online at www.crespistore.com and then sending the form, always after viewing a printable web page order summary, on which information is reported in regarding the price of the goods purchased, shipping costs and any additional charges, the procedures and terms of payment, the address to which the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer they will send an e-mail confirmation, or display a web page confirmation and printable order summary, which is also reported in the data mentioned in the previous point.
4.3. The contract is not deemed completed and effective between the Parties without that which is indicated above.
Art. 5 - Mode of payment and reimbursement
5.1. Each payment by the Buyer will be possible only by means of one of the methods indicated on the web page by the Supplier.
5.2. Any refund due to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in cases of the right of withdrawal, as governed by. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications concerning payments are made on a dedicated Supplier line protected by an encryption system. The Supplier guarantees the storage of this information with an additional layer of encryption and security in accordance with the provisions of applicable regulations regarding the protection of personal data.
Art. 6 - Timing and mode of delivery
6.1. The Supplier will deliver the ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offering, as confirmed in the e-mail referred to in Art. 4.
6.2. The timing of the delivery may vary depending on the date of order to a maximum of 40 working days from order confirmation. In the event that the Supplier is unable to ship within that period but within the time indicated in the following point, prompt notice will be given by e-mail to the Buyer.
6.3. The methods, delivery times and shipping costs are clearly stated and well highlighted at www.crespistore.com.
Art. 7 - Prices
7.1. All sell prices of the products displayed and indicated on the website www.crespistore.com are expressed in euro and are offered to the public pursuant to article 1336 c.c.
7.2. The sell prices of the previous point include VAT and any other taxes. Shipping costs and any additional costs (e.g. Customs clearance), if present, although not included in the purchase price must be indicated and calculated prior to the processing of the order by the Buyer and also contained in the web page summary of the order.
7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalogue.
Art. 8 - Product Availability
8.1. The Supplier assures the processing and fulfilment of orders without delay through their preferred web system. If one product isn’t in stock rules will be according to point 6.2
8.2. If an order exceeds the amount present in the warehouse, the Supplier, by e-mail, will make it known to the Buyer if the item is no longer available to reserve or the waiting times to receive their chosen products, by asking whether they intend to confirm the order or not.
8.3. The computer system of the Supplier confirms in the shortest possible time the registration of the order by forwarding a confirmation by e-mail, according to point 4.2.
Art. 9 - Limitation of Liability
9.1. The Supplier shall not assume any liability for disruptions caused by force majeure if unable to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of wilful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to them, as the Buyer shall only be entitled to a refund of the price paid and any charges incurred.
9.4. The Supplier shall not assume any liability for any fraudulent and illegal use that may be made by third parties, credit cards, cheques and other means of payment, for the payment of the products purchased, if they prove that they took all the precautions possible based on the best current knowledge and experience and according to ordinary diligence.
9.5. In no event shall the Buyer be liable for any delay or disruption in payment if they prove that they made payment in the time and manner specified by the Supplier.
Art. 10 - Liability for defects, evidence of harm and damages: the obligations of the Supplier
10.1. Under Articles 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects of goods sold should they fail to communicate to the Damaged party, within three months from the request, the identity and address of the manufacturer or the person who supplied them with the product.
10.2. The above request, by the Damaged party, must be made in writing and must indicate the product that incurred the damage, the place and date of purchase; they must also contain the offer in view of the product, if it still exists.
10.3. The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to a rule of law imperative or a binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation, has not yet considered the defective product.
10.4. No compensation will be due if the Damaged party was aware of the defect in the product and the danger entailed by it and nevertheless was voluntarily exposed to it.
10.5. In any case the Damaged party must prove the defect, damage, and the causal connection between defect and damage.
10.6. The Damaged party may claim compensation for damage caused by death or personal injury or destruction or deterioration of items other than the defective product, provided it is the type ordinarily intended for private use or consumption, and principally used by Damaged party.
10.7. The damage to things in art 123 of the Code of consumption will be, however, compensable only in the measure that exceeds the sum of three hundred and eighty-seven EUR (€ 387).
Art. 11 - Warranties and After Sale Care
11.1. The Supplier is liable for any lack of conformity which becomes apparent within a period of 2 years from the delivery of the goods.
11.2. For the purpose of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the Seller and possess the qualities of goods which the Seller has presented to the consumer as a sample or model; c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the item and, where appropriate, public statements on the specific characteristics of the goods made about them by the Seller, from manufacturer or his agent or representative, particularly in advertising or labelling; d) they are also suitable for the use particularly desired by the Consumer and that it was by them made known to the Seller at the time of conclusion of the contract and that the seller has accepted, also implicitly.
11.3. The Buyer loses all rights if they do not denounce to the Seller the lack of conformity within two months from the date when the defect was discovered. The complaint is not required if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within 6 months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance.
11.5. In case of lack of conformity, the Buyer may ask, alternatively and without costs under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request is not objectively possible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be made received in writing, via registered mail, to the Supplier, which will indicate their willingness to act on the Buyer’s request, or the reasons that prevent them from doing so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Buyer's request, they will have to indicate the method of delivery or return of the goods as well as the deadline for the return or replacement of the defective item.
11.7. If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair previously made have caused significant inconvenience to the Buyer, they may request, optionally, an appropriate price reduction or termination of the contract. The Buyer shall in such case send their request to the Supplier, which will indicate their willingness to proceed in this fashion, or the reasons that prevent them from doing so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer's request, they have to indicate the price reduction proposal or how to return the defective goods. In such cases the Buyer should indicate how the crediting of amounts previously paid to the Supplier should be made.
Art. 12 - Obligations of the Buyer
12.1. The Buyer agrees to pay the price of the goods purchased in the time and manner specified in the contract.
12.2. The Buyer agrees, once the purchase is processed online, to handle the printing and the conservation of this contract.
12.3. The information contained in this contract has been, however, already examined and accepted by the Buyer, who acknowledges this, as this step is mandatory before confirmation of purchase.
Art. 13 - Right of withdrawal
13.1. The Buyer has in any case the right to terminate the contract without any penalty and without specifying the reason, within 10 (ten) working days from the day of receipt of the goods purchased.
13.2. In the event that the trader has satisfied the information requirements of its existence, the method and timing of the return or collection of the goods in the event of exercise of the right of withdrawal pursuant to Art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller by registered mail at Via Casella 26, 20156 Milano or by e-mail to email@example.com, provided such communications are confirmed by the sending of registered mail at Via Casella 26, 20156 Milano within 48 (forty eight) hours. It shall be determined between the Parties by the stamp from the post office issued on receipt. For the purpose of exercising the right of withdrawal sending the notice may validly be replaced by the return of the goods purchased, provided that it is under the same terms. It shall be determined between the Parties by the date of delivery to the post office or courier.
13.4. The return of the goods will still take place no later than 30 (thirty) days from the date of receipt of the asset. In any case, for them to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.5. The Buyer may not exercise this right of withdrawal for the purchase of audio-visual products or sealed software which have been opened by them, as well as goods made to specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, and goods whose price is dependent on fluctuations in the financial market that the professional is not able to control and in any other case art 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees not to charge it.
13.7. The Supplier will provide freely the repayment of the full amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.8. With the receipt of the notice with which the Buyer notifies their exercising of the right of withdrawal, the Parties of this agreement are dissolved by mutual obligations, except as provided in paragraphs of this Article.
13.9 Crespi Store guarantees customer satisfation through refunds or replacements. In the event of a wrong size ordered, we will replace the item provided that all the articles are returned in the same condition as the they were received. This means that items must not be damaged, soiled, washed, altered or worn (except for regular testing), and that all the labels must be on and intact. The buyer must, however, pay the direct cost of returning the goods to the sender if the items have already been shipped.
Art. 14 - Grounds for cancellation
14.1. The obligations referred to in 12.1, assumed by the Buyer, and the guarantee of successful payment that the Buyer makes by means of point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in paragraph 6, are essential, so that, by express agreement, the failure of even one of these obligations, if not determined by circumstances or force majeure, will result in the termination of the contract pursuant to Art. 1456 cc, without any judicial decision.
Art. 15 - Protection of confidentiality and data processing of the Buyer
15.1. The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree no. 30 June 2003, n. 196 (1) .
15.2. Personal data collected directly and/or through third parties by the Supplier Umberto Crespi., owner of the treatment, are collected and processed in printed, computer, telematics formats, in relation to the treatment methods with the purpose of registering the order and activate provide them with the procedures for the execution of this contract and the necessary communications, in addition to the fulfilment of any obligation of the law, and to enable effective management of business relationships to the extent necessary to perform the best service required (Article . 24, paragraph 1, let. b, Legislative Decree no. 196/2003)(2) .
15.3. The Supplier undertakes to treat as confidential the data and information submitted by the Buyer and not disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of the court or other authority authorized by law.
15.4. Personal data will be disclosed after the signing of a commitment to confidentiality of data, only to delegates to carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5. The Buyer has the rights under Article. 7 of Legislative Decree no. 196/2003, to obtain:
a) Updates, rectification or, when interested, the integration of data;
b) The cancellation, anonymization or blocking of data processed unlawfully, including data which need not be kept for the purposes for which the data was collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, as also related to their contents, to those to whom the data was communicated or disseminated, unless this requirement is impossible or involves the use of means manifestly disproportionate to the protected right. The party has the right to object, in whole or in part: i) for legitimate reasons the processing of personal data concerning him, even to the scope of the collection; ii) the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, cannot be given on the request of the Buyer itself.
15.7. In any case, the data collected will be kept for a period of time that is necessary for the purposes for which they were collected or for which they are further processed. Their removal will take place in a secure manner.
15.8. The party in charge of the collection and treatment of personal data is the Supplier, to whom the Purchaser can direct all requests (3) .
15.9. All communication that arrives to the postal address (and to the electronic address) of the Centre (requests, suggestions, ideas, information, material etc.) will not be regarded as information or data of a confidential nature, must not violate the rights of others and must contain valid information which is not harmful to the rights of others and factual, in any case the Centre accepts no responsibility for the content of the messages themselves.
Art. 16 - Archiving mode of the contract
16.1. Under Article 12 of Legislative Decree no. 70/2003, the Supplier shall notify the Buyer that any order sent is stored in digital/paper form on the server/at the headquarters of the Supplier in accordance with criteria of confidentiality and security.
Art. 17 - Communications and complaints
17.1. Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Via Casella 26, 20156 Milano Italy, or sent by e-mail to the following address firstname.lastname@example.org. The Buyer indicates the registration form their residence or domicile, telephone number or email address to which they wish to be sent notices from the Supplier.
Art. 18 - Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Milan and resolved according to the Conciliation Rules adopted by them.
18.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of the place of residence or domicile of choice of the Consumer, mandatory under Article. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Art. 19 - Applicable law and referral
19.1. This agreement is governed by Italian law.
19.2. Although not expressly provided, the rules of applicable laws to the relationship and to the cases described in this agreement apply, and in particular Article 5 of the Rome Convention of 1980.
19.3. Under Article 60 of Legislative Decree no. 206/2005, is expressly invoked the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
Art. 20 - Final clause
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.
(1) - Requirements for the guarantee of Privacy - art. 154, 1 c) of Legislative Decree no. 196/2003 - Simplification of certain acts in public and private for processing operations for administrative or accounting purposes of 19 June 2008, published in the Official Gazette on 1 July 2008, n. 152.
(2) - General measure of the Authority for the Protection of Personal Data Practical Guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette June 21, 2007, n. 142.
(3) - “Unless an administrator is appointed by the Company in the name of Mr. Umberto Crespi”.