GENERAL SALES CONDITION
INTRODUCTION
Silvia Narese concentrates on selling footwear and fashion accessories.
By placing an order through the ecommerce Silvia Narese, the customer declares to have read the conditions of sale, payment and shipping.
The following text referred to as “general sales conditions” regulates the terms and the sales conditions of the products sold by Silvia Narese and are applicable to all Customers, except for some provisions applied to the Retail Customer exclusively (a “Retail Customer” is natural person buying products for purposes alien to business or professional activities). A “Retail Customer” is a customer who sends a purchase proposal without entering his/her own VAT number in the area where the customer’s personal data is requested.
At any time and without notice, Silvia Narese may modify the content of these General Conditions.
PURCHASING PROCESS
The order sent by the Customer is considered as a contract proposal and entails the awareness and acceptation of these General Conditions.
Silvia Narese confirms the receipt of the Customer’s proposal sending an automatic reply to the Customer’s e-mailbox. This automatic e-mail only confirms the correct receipt of the proposal. The confirmation message shall indicate the “ORDER NUMBER” to use for future messages addressed to Silvia Narese.
The Customer may display the order in his/her login area. When the order is dispatched, the data displayed in the login area will be updated. Any Purchase Agreements stipulated between Silvia Narese and the Customer is considered to be concluded after Silvia Narese’s order acceptance. At its discretion,Silvia Narese may accept or refuse the order sent by the Customer who may not complain or claim for compensation, in the event of non-acceptance of the aforesaid order. The order is considered to be accepted by Silvia Narese if, within 72 hours after the order dispatch, the Client does not receive any further communication. In the event of order refusal, Silvia Narese shall inform the Customer by e-mail.
By the order dispatch, the Customer declares to have read all instructions contained in the purchasing process and to accept both the General Conditions and the Terms of Payment described as follows:
PRICE OF THE PRODUCTS – DELIVERY COSTS – PRODUCT AVAILABILITY
The prices of the products are clearly displayed on the website and are VAT included.
At any time, the prices and the availability of the products displayed on the website are subject to modifications without notice, being understood that, for the pending and already accepted orders, Silvia Narese shall apply the sales conditions in force at the moment of the Customer’s order dispatch.
The availability shown on the product sheets is not updated in real time, because the number of users accessing the website may vary the product availability during a specific day.
If the order is paid by bank transfer, Silvia Narese shall send the products to its customers only when the amount is credited to the aforesaid current account and displayed correctly.
Before the order is shipped, the Customer may cancel or modify it, following the steps indicated in his/her login area. The shipping costs are clearly shown to the Customer on the website before the conclusion of the Purchase Agreement. They shall be added to the total amount of each purchase and depend on the terms of delivery, the terms of payment, the destination country as well as the total amount of the order.
If available, the visual representation of the products displayed on the website usually corresponds to their photo and is for illustrative purposes only. Silvia Narese may not guarantee the exact correspondence between the picture shown on the website and the actual product (with particular reference to the product’s chromatic features).
LEGGE APPLICABILE
Il contratto di vendita tra il cliente e il venditore s’intende concluso in Italia e regolato dalla Legge italiana. Per quanto non diversamente stabilito si applica la Legge italiana in materia.
Per la risoluzione di controversie civili e penali derivanti dalla conclusione del presente contratto di vendita a distanza, se il cliente è un consumatore, cioè una persona fisica che acquista la merce per scopi non riferibili alla propria attività professionale, ovvero non effettua l’acquisto indicando nell’ordine un riferimento di partita IVA, la competenza territoriale è quella del Foro di riferimento del suo comune di residenza; in tutti gli altri casi, la competenza territoriale è esclusivamente quella del Foro della sede di Torino.
PRIVACY – INFORMATION ON THE PROCESSING OF PERSONAL DATA
In accordance with the Italian Legislative Decree no. 196 dated 30 June 2003 “Code for the Protection of Personal Data” (hereinafter referred to as “Law”) this is to inform that:
1) your personal data entered under the registration to Silvia Narese for the purpose of starting accounts, promotional activities, stipulating a purchase contract, buying products from the website, according to the legislative and contract provisions in force, are subject of processing, in accordance with the obligation of confidentiality provided by the aforesaid law;
2) in accordance with Article 1, paragraph 2, letter b) of the Law, “the processing of personal data” is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction; (art. 2 b)
3) data is processed for institutional purposes concerning the activity of our company such as electronic storage, processing, invoicing, customer management and in particular to:
a) fulfill legal obligation concerning tax and accounting regulations aimed to the administrative management of the relationship between the customer and our company;
b) fulfill contract obligation in relation to technical support, technical information, post-sales support and customer satisfaction assessment of the products you are interested in;
c) conduct market and statistical researches on Silvia Narese’s products ;
d) to provide customers for commercial information on future initiatives, new products, services and offers by sending them promotional e-mails or SMS (further information on the SMS service may be read in the appropriate section of this website) both from Silvia Narese and from its affiliated companies. Under any circumstance, the transmission of e-mails and SMS for advertising purposes does not entail the forwarding of personal data to a third party. This service does not monitor the websites you visit and does not check your read messages, except under your consent;
e) to organize giveaways and general promotional initiatives in the interest and to the benefit of Silvia Narese ‘ s customer;
4) your personal data are necessary to fulfill legal and contract obligation concerning the account with Silvia Narese : in absence of personal data, your purchase order may not be processed. Your mobile phone is necessary to fulfill contract obligation and to perform the services offered by Silvia Narese .
5) your data is stored in our database which may be accessed only by people authorized by Silvia Narese . Your data may be processed inside Silvia Narese in accordance with the purposes described and may be transmitted to a) Silvia Narese ‘s affiliated and subsidiary companies; b) business partners Silvia Narese (manufacturers, suppliers, carriers, freight forwarders and so on);
To exercise these rights, the person concerned may give natural people or associations written power of attorney.
We remind you that if that in order to transmit personal data belonging to the third party, you need to receive an informed consent from the people concerned, in accordance with Articles 10 and 11 of the Italian Law no. 675/1996. We inform you that, in the case mentioned above, you are completely responsible for the truthfulness, completeness and legitimacy of the data belonging to the third party and Silvia Narese shall be relieved of any responsibility.
The processing of data makes use of appropriate means which guarantees the safety and the privacy according to the Decree of the President of the Italian Republic no. 318/99 on controlled access for authorized people only. Data is stored in the database of Silvia Narese ‘s offices located in: Via Gramsci 2 -10121 -Torino ITALY for a period of time provided for by law.
Il testo completo dell’art. 7 del D.Lgs. 196/2003 relativo ai diritti dell’interessato è disponibile sul sito del Garante www.garanteprivacy.it.