Pursuant to and for the purposes of art. 13 of Legislative Decree no. 196/2003 and s.m.i.
This is a disclosure pursuant to and for the purposes of art. 13 of Legislative Decree no. 196 of 30 June 2003 and s.m.i. - Code regarding the protection of personal data (the "Privacy Code"), with which Foto Actuality Cesni S.r.l. based in Piazza Setti 3, 24047 - Treviglio (BG), C.F. and VAT number 02261690164, registration in the Companies Register of Bergamo n. 275556, in the person of the legal representative pro tempore Mr. Franco Cesni (the "Company") - as data controller - provides to inform you, inter alia, the purposes and methods of processing your personal data, the mandatory or optional nature of the conferment of such data, of the consequences of a possible refusal to the conferment, of the subjects or category of subjects to whom your data may, if necessary, be communicated, as well as the rights to you due under art. 7 of the same Privacy Code.
1. purposes and methods of treatment Your personal data will be processed for the following purposes:
(i) registration on the site http://shoponline.fotoattualitacesni.com (hereinafter the "e-Shop"), collection, execution and performance of preparatory and / or instrumental activities for the correct and timely execution of the purchase order ( including the management of payments and anti-fraud checks, the request for technical and commercial assistance) as well as billing for purchases. For the purposes referred to in this point (i), the data you provide may be disclosed to third party companies (i.e .: carriers, shippers and / or credit institutions) to the extent strictly necessary for the correct and timely execution of the purchase contract.
(ii) subject to your consent, provision of the services of the wishlist present on the e-Shop, to the newsletter, to sharing via the Company's social channels, sending of commercial proposals by the Company. For the purposes referred to in this point (ii), the data you provide may be disclosed to third parties (i.e .: commercial and / or service companies) to the extent strictly necessary for the provision of the services in question. The Company reserves the right to delete accounts and related data if they are considered offensive or illicit, or where they promote activities that damage the Company's image or which contain violent, discriminating or pornographic content).
In such cases, the Company will process the data you have provided on paper, computer and / or telematic procedures. The Company guarantees the processing of personal data supplied by you in compliance with the security measures and, in general, with the provisions of the Privacy Code. The data you have communicated and collected by the Company for the purposes above will not be disseminated in any case.
2. optional or mandatory nature of the provision of data
The provision of data requested by the Company pursuant to paragraph 1 sub (i) which immediately precedes is optional. However, failure to provide such data will make it impossible to regularly process the purchase order formulated by you and, as a result, to conclude the sales contract with the Company. The provision of data required by the Company pursuant to paragraph 1 sub (ii) that immediately precedes is optional. However, failure to provide such data will make it impossible to execute the services of the wishlist present on the e-Shop, the newsletter, sharing via social channels, as well as the sending of commercial proposals by the Company. The conferment to the Company of data, different in nature and purpose, from those indicated above is to be considered optional and does not entail any consequence on the pursuit of the main purpose of the collection.
3. holder of the treatment
The controller of the data collected through the e-Shop is Foto Attualità Cesni S.r.l. based in Piazza Setti 3, 24047 - Treviglio (BG), C.F. and VAT number 02261690164, registration in the Companies Register of Bergamo n. 275556, in person of the legal representative pro tempore Mr. Franco Cesni.
4. communication of data to third parties
For the performance of activities directly related to the execution of the purchase and sale contract, the Company relies on the collaboration of commercial partners (ie: carriers, shippers and / or credit institutions), to which the Company could communicate the data supplied by you (to the extent strictly necessary for the regular and timely execution of the purchase contract itself). Foto News Cesni S.r.l. - General conditions of Sale
Edition June 2017
1. object 1.1 These general conditions (the "General Conditions") govern the terms and conditions applicable to the sale of products and / or services (the "Products") of Foto Actuality Cesni S.r.l. based in Piazza Setti 3, 24047 - Treviglio (BG), C.F. and VAT number 02261690164, registration in the Companies Register of Bergamo n. 27556, in person of the pro tempore legal representative Mr. Franco Cesni (the "Company"), purchasable by its customers (the "Customer / s") at a distance, through telematic tools, on the site http: // shoponline.fotoattualitacesni.com (hereinafter the "e-Shop"). 1.2 Within the e-Shop, the Products are, as far as possible: (i) accurately depicted and corresponding to their characteristics; (ii) described in the relative technical sheet that can be consulted by the Customer, containing the technical specifications of the same Product. As for the images sub-point (i) that immediately precedes, with the acceptance of these General Conditions, the Customer expressly acknowledges that the graphic representations included in the e-Shop are merely indicative, remaining as of now understood that the Company does not guarantees the exact correspondence of the same (including the chromatic characteristics), declining for the effect any responsibility for any discrepancy.
2. conclusion of the purchase and sale contract 2.1 Once logged in to the e-Shop, the Customer must follow the procedure described therein to formalize their purchase order for the Products. This procedure also includes the exact compilation of the order form and acceptance of the terms and conditions contained in these General Conditions. At the end of this procedure, the customer can view and print the summary of the purchase order, including inter alia the price of the purchased good, shipping costs and any additional charges, the terms and conditions of payment, the address of delivery of the goods, delivery times and information relating to the right of withdrawal. 2.2 The purchase agreement with the Company ends when the Customer - who has completed the purchase order in full, following the instructions provided on the e-Shop slavishly - receives the confirmation e-mail from the Company. After the completion of the sales contract with the Customer, the Company will put in place all activities and / or services necessary for the correct and timely fulfillment of the purchase order. 2.3 Without prejudice to events of force majeure understood in a broad sense, the Company reserves the right to refuse purchase orders: (i) which are incomplete and / or completed with incorrect data; (ii) formulated by Customers who do not offer sufficient guarantees of solvency; (iii) in case of unavailability of the Products. In these circumstances, the Company will promptly inform the Customer in writing, specifying the reasons for the non-conclusion of the purchase contract. 2.4 The Customer expressly acknowledges that the Company will not be held to any indemnity or compensation obligation, for any reason and / or title, with reference to any loss or damage, direct or indirect, suffered by the Customer, any claimants and / or further third parties dependent on the non-acceptance (even partial) of the purchase order. 2.5 By accepting these General Conditions, the Customer also acknowledges having carefully read the terms and conditions contained therein, as already viewed and accepted by the Customer at the time of conclusion of the purchase contract, as part of the mandatory procedure for the regular completion of the purchase order.
3. methods of payment, reimbursement and invoicing 3.1 The sales prices of the Products within the e-Shop are expressed in Euro, inclusive of VAT and any other excise and / or tax. The shipping costs and any additional charges, if any, will be indicated and calculated by the Company in the purchase procedure before the forwarding by the Purchaser and also contained in the e-mail summary of the order placed. 3.2 Each payment by the Customer to the Company for the purchase of the Products present on the e-Shop shall be made only through the payment methods indicated as available in the same e-Shop. 3.3 Any reimbursement to the Customer will be credited by the Company as soon as possible using the same method of payment used, unless otherwise agreed between the parties. In the event of exercising the right of withdrawal pursuant to art. 8 of these General Conditions, the Company will reimburse in favor of the Customer within 14 (fourteen) days following the date on which the Company became aware of the withdrawal. The Company may withhold the reimbursement until receipt of the asset or until the Buyer has provided proof of having returned it, whichever situation occurs first. 3.4 Upon receipt of payment of the Product by the Customer, the Company will proceed to issue the related tax document pursuant to the D.P.R. n. 633/1972 and s.m.i., where foreseen. In the event that the Customer requests the issuance of the invoice, he must notify the Company when completing the order, providing the additional data and / or information necessary. 3.5 By accepting these General Conditions, the Customer expressly undertakes to pay, in favor of the Company, the price of the Product purchased, shipping costs (where applicable) and any cost, expense and / or accessory charge in time and in compliance with the methods indicated in the e-Shop, it being understood from now on that the Company - also pursuant to and for the purposes of art. 1460 of the Civil Code - reserves the right not to process the purchase order until full receipt of the amount due.
4. territorial area - timing and methods of delivery 4.1 These General Conditions govern the terms and methods of delivery of the Products within the territory of the Italian Republic, the Republic of San Marino and the Vatican City (hereafter the "Territory"), with the understanding that the Company will not proceed with the evasion of purchase orders that provide for the delivery of Products outside the same Territory. 4.2 The Company provides for the delivery of the Products selected and ordered by the Customer, without unjustified delay and, at the latest, within 30 (thirty) days from the conclusion of the purchase contract, with the methods chosen by the Customer as part of the order process. . The methods, times and shipping costs are promptly indicated by the Company on the e-Shop. 4.3 It is expressly understood that the Company does not assume any responsibility towards the Customer and, for the effect, will not be obliged to any indemnity and / or compensation to the same, in case of: (i) failure to deliver the Products ordered for non-fulfillment by the Customer to the provisions set forth in these General Conditions; (ii) failure to comply with the timing and / or delivery methods indicated to the Customer due to force majeure, or due to delays and / or non-compliance by third parties with respect to the same Company, or circumstances not attributable thereto. 4.4 In the event that the Company - for any reason - is not able to make the shipment within the period set forth in Article 4.2 above, it will be promptly notified to the Customer by e-mail (or by using other contacts and / or o addresses provided by the Customer to the Company, in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments).
5. availability of products 5.1 In consideration of the fact that the same Products present on the e-Shop are also sold at the Company's stores, it is expressly understood that the Company, for obvious technical reasons, does not guarantee the effective availability of the Product at the time the Customer proceeds to the purchase order. It follows that the indication of the availability of the Product supplied on the e-Shop can not be considered as merely indicative information, therefore any liability on the part of the Company for any non-correspondence remains excluded. 5.2 If an order exceeds the quantity existing in the warehouse, the Company, through e-mail, will inform the Customer that the Product is no longer available, also informing him of the possible extension of the delivery deadline pursuant to art. 4.2 that precedes in order to provide for the delivery of the same. It is understood that, in the case, the customer can choose to confirm the order, or opt for the refund of the amount paid.
6. warranty and assistance methods 6.1 Where applicable, the Company offers the Customer the Products with official Italian guarantee. 6.2 In the event that the Customer purchases the Products as a "consumer" pursuant to and for the purposes of Legislative Decree 206/2005 and s.m.i. (the "Consumer Code"), the Company guarantees the same Customer, pursuant to and for the purposes of Articles. 128 and ss. of the Consumer Code, against any lack of conformity of the sold Product that manifests itself: (i) for new Products, no later than 24 (twenty-four) months after the date of actual delivery of the same; (ii) for used Products, no later than 12 (twelve) months after the date of actual delivery of the same. 6.3 Subject to any conventional guarantees issued directly by the manufacturer of the Products. The manufacturer's standard warranty is provided in the manner described in the documentation included in the Product package. 6.4 The request for warranty assistance must be sent in writing to the Company, by registered letter with return receipt or via certified electronic mail. In response to this request, the Company will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within 7 (seven) working days of receipt. In the same communication, if the Company has accepted the Customer's request, it must indicate the method of shipment or return of the Product, as well as the deadline for its return or replacement. 6.5 Without prejudice to the provisions of this article 6, it is expressly understood that no further warranty is given by the Company with regard to the Products sold through the e-Shop, any exceptions previously removed by the Customer.
7. limitations of liability Except in cases of willful misconduct or gross negligence of the Company and, in any case, within the limits set forth in art. 1229 of the Civil Code, the Customer acknowledges and expressly accepts that the Company will not be liable, for any reason and / or cause pursuant to these General Conditions, for losses and / or damages, direct or indirect, caused to Customers and / or third parties and employees of: (i) disservices by third parties with respect to the Company, or imputable due to force majeure; (ii) any fraudulent and illegal use that may be made by third parties, with reference to credit cards, checks and / or other means of payment, upon payment of the Products; (iii) inaccurate or incomplete data and / or information provided by the Customer (including the non-updating of the same in case of variation).
8. right of withdrawal (pursuant to articles 52 and following of the Consumer Code) 8.1 In the event that the Customer purchases the Products as "consumer", the same has in any case the right to withdraw from the purchase contract stipulated with the Company, without any penalty and without specifying the reason, within the term of 14 ( fourteen) calendar days starting from the day of receipt of the Product. 8.2 For the purpose of legitimate exercise of the right of withdrawal, the Customer, by and not later than the aforementioned term of 14 (fourteen) calendar days starting from the day of receipt of the Product, shall alternatively: (i) fill in the appropriate withdrawal form available in the appropriate section of the e-Shop, to be sent to the Company through the methods indicated in these General Conditions; (ii) send a communication bearing the unequivocal will of the Customer to exercise the right of withdrawal pursuant to this article, in addition to the detailed indication of the Products purchased, to be sent to the Company through the methods indicated in these General Conditions; (iii) provide for the return of the Products, remaining in the case that, for the purpose of proof of the timely exercise of the right, the date of delivery of the Product to the post office or to the forwarder will prevail. 8.3 The return of the Products by the Customer must take place without undue delay and, in any case, within 14 (fourteen) days from the date of the communication sent to the Company pursuant to art. 8.2 sub (i) or (ii) above. Where the returned Products show damage or signs of wear resulting from manipulation not necessary to establish the nature, characteristics and functioning of the same, or are damaged due to transportation, the Company reserves the right to withhold from the refund an amount corresponding to the their decrease in value. 8.4 The right of withdrawal governed by this article with reference to purchases made by customers who hold the status of "consumers" pursuant to and for the purposes of the Consumer Code is expressly excluded for audio-visual products and computer software sealed , where they have been opened by the Customer, as well as tailor-made or clearly personalized goods or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly. 8.5 The only expenses due to the Customer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the Product to the Company, including the responsibility in case of loss or damage to the Product. 8.6 The Company will reimburse the price of the single Product with reference to which the withdrawal has been exercised within 14 (fourteen) days of receipt of the notice of withdrawal by the Customer. The Company reserves the right to withhold the reimbursement until receipt of the Product or until the customer has provided proof of having returned it, depending on which situation occurs first. The refund will be paid to the Customer using the same means of payment, unless otherwise agreed between the parties. If there is no correspondence between the recipient of the Products and who made the payment, the reimbursement of the sums by the Company will be executed against the person who made the payment. 8.7 If the methods and terms for exercising the right of withdrawal under this article are not respected by the Customer, the same Customer will not be entitled to reimbursement of the sums already paid in favor of the Company. In case of non-acceptance of the return, the Customer, within 14 (fourteen) consecutive days, may choose to obtain the Products at his own expense in the state in which they were returned. Otherwise, the Products will be retained, as well as the sums already paid for their purchase.
9. termination of the purchase contract Pursuant to and for the purposes of art. 1456 of the Civil Code, the Company will have the right to terminate the single purchase contract concluded with the Customer in case of non-compliance and / or violation, by the same, of the obligations assumed pursuant to art. 3 referred to in these General Conditions.
1. privacy 10.1 The Customer expressly acknowledges that the communication to the Company of certain data and / or information relating to the Customer is a necessary condition for the correct and timely execution of the purchase and sale contracts governed by these General Conditions. 10.2 The Company protects the personal data of its Customers and guarantees that the processing of the same will be in compliance with the provisions of Legislative Decree 30 June 2003, n. 196 (rules on the processing of personal data - the "Privacy Code"). 10.3 Personal data acquired directly by the Customer and / or through third parties by the Company - as data controller - are collected and processed in paper, computer and / or electronic form, for the purposes referred to in the specific information issued pursuant to for the effects of art. 13 of the Privacy Code, as well as within the limits of the law and any consent granted by the interested parties pursuant to art. 24 of the same Privacy Code. 10.4 The Company undertakes not to process the data and information transmitted by the Customer for purposes other than those for which they were collected, or to communicate and / or transmit them to third parties, unless expressly consented by the Customer or, in any case, for mandatory provisions of the Public Authorities or Judicial Authorities.
1. communication and complaints 11.1 Any communication to the Company in accordance with these General Conditions and any complaints will be considered valid only if made in writing and notified to the hands, or sent by registered mail to e-mail, certified e-mail or fax to the following addresses: Foto News Cesni S.r.l. Piazza Setti, 3 24047 - Treviglio (BG) PEC: firstname.lastname@example.org e-mail: email@example.com 11.2 The Customer indicates in the registration form the address of residence or domicile, as well as their contact details where they wish to receive any communication from the Company. 11.3 Any changes in the data and / or contact details of the Clients provided to the Company must be promptly communicated to the same Company in compliance with the same procedures set out in this article.
2. final provisions - competent court 12.1 For anything not provided for by these General Conditions, it is understood that the relationship between the parties will be governed by the regulatory and / or regulatory regulations in force and applicable to the present case. 12.2 Any dispute relating to these General Conditions will be the subject of an attempt at conciliation with the mediation body of the Chamber of Commerce of Bergamo and resolved according to the conciliation regulations adopted. 12.3 Where the parties filing a claim with the Judicial Authority, the only competent court is that of Bergamo, without prejudice to the territorial jurisdiction of the judge of the place of residence or domicile of the Customer, where the same person holds the status of "consumer" in accordance with the Consumption.
Pursuant to and for the purposes of Articles. 1341 and 1342 of the Civil Code, the customer expressly declares to accept the provisions of the following articles of these General Conditions: 1.2 and 2.4 (limitation of liability); 3.5 (suspension of execution); 4.3 and 7 (limitations of liability); 12.3 (exceptions to the competence).