General sales conditions

Pre-contractual information for consumers - art. 49 of Legislative Decree 206/2005

The Buyer before concluding the purchase contract, examines the nature of goods that are described in the individual product data sheets when choosing from the Client. Before the conclusion of the purchase agreement and before the confirmation of the order with "payment obligation", the Purchaser is informed regarding:

• Total price of the goods inclusive of taxes, with details of shipping;
• Method of payment;
• The period within which the Paolo Lazzaroni & Figli S.p.a It undertakes to deliver the goods;
• Conditions, terms and procedures for exercising the right of withdrawal (Art. 15 of these conditions) as well as the model withdrawal form in Annex;
• Information that the buyer will have to bear the cost of returning the goods in case of withdrawal;
• Existence of a legal guarantee of conformity for goods purchased;
• The Client may at any time and in any case before the contract is concluded, take note of information relating to Paolo Lazzaroni & Figli Spa, geographical address, telephone number and fax number, e-mail, information that is reported, even following:
  Paolo Lazzaroni & Figli S.p.a.
  Via Gorizia n. 41 Saronno (VA)
  P.I. 01470360122
  Telefono +39 0296701021
  Fax +390296701022
  E-mail info@augusta1945.it

1) DEFINITIONS

The term “online  sales contract" refers to the purchase agreements - related to Supplier’s movable tangible property  - between Supplier and Buyer under a system of remote sales through telematic instruments set up by Supplier.
The term "Buyer” refers to the consumer, i.e. “natural person” who makes the purchase object of this contract for purposes that are outside his/her trade, business or professional activity  (if any).
The term "Supplier" refers to the person that provides the goods specified in this contract. The goods and services covered by these terms and conditions are offered for sale by Paolo Lazzaroni & Figli SpA, Via Gorizia n. 41, Saronno VAT and Companies Register of Varese No. 184588.

The Buyer, by sending a purchase order confirmation via computer, unconditionally accepts and agrees to comply with the general terms and payment conditions set out below during his/her relationship with the supplier; the Buyer also declares to have read and accept all the information provided, pursuant to the provisions mentioned, and also acknowledges that the Supplier is not bound by any other condition unless previously agreed in writing.
Buyer’s express undertaking:

• These Terms and Conditions of Sale must be examined online by shoppers visiting the site, before they confirm their purchases. The submission of the order confirmation implies full knowledge and acceptance of the General Conditions of Sale.
• The Buyer agrees and undertakes, after having completed the online purchase procedure, to print and keep these Terms and Conditions of Sale, already read and accepted during the purchase process, in order to fully comply with the provisions provided for by articles 3 and 4 of Legislative Decree no. 185/1999.

 
Processing of personal data:
Personal data requested during the registration process is collected by Paolo Lazzaroni & Figli S.p.a. and processed electronically and / or by hand for the sole purpose of complying with the obligations arising from any agreement entered into with the Customer and shall not, under any circumstances or in any way be transferred to third parties.
Paolo Lazzaroni & Figli S.p.a. guarantees Customers the respect of regulations on the processing of personal data governed by the Data Protection Code provided for by Legislative Decree no. 196 of 30.06.03. The data controller is Paolo Lazzaroni & Figli S.p.a. Via Gorizia n. 41, Saronno , namely the legal representative, unless a manager is appointed pursuant to art. 29 of Legislative Decree no. 196/2003. The Customer has the right, at all times, to retract the consent to the processing of personal data, by writing to the registered office of Paolo Lazzaroni & Figli S.p.a.
The Customer declares to have received and viewed the information notice pursuant to Art. 13, which also specifies the rights to safeguard the customer; pursuant to art. 7 of Legislative Decree no. 196/2003, the data subject has the right to access their data in the manner indicated therein. Marketing communications (e.g. Newsletter) shall only be sent following the explicit consent of the Customer, issued together with the consent to process personal data, provided upon submitting the registration request.

2) IDENTIFICATION AND OBLIGATIONS OF CONTRACT PARTIES

Supplier:
The goods under these general sales conditions are sold by Paolo Lazzaroni & Figli S.p.a., with registered office in Saronno (VA), Via Gorizia n. 41, registered with the Chamber of Commerce of Varese under No.184588 of the Companies Registry, tax code No. 01470360122 and VAT number: 01470360122.
Buyer:
Consumer, i.e. "natural person" that makes the purchase.

3) OBJECT AND CONCLUSION OF THE CONTRACT

Under this contact, Supplier and Buyer respectively agree to sell and purchase - through remote telematic instruments - only the movable tangible goods available for sale on this website.
The contract between Supplier and Buyer shall be entered into exclusively over the Internet. To submit a purchase order for the goods available for sale, Buyer must access our website and follow the instructions contained therein.
The purchase contract shall be deemed executed when an order is placed by Buyer through our online order form. The order summary can be viewed on the relevant web page, and shall contain the following details :  Buyer’s personal data, order details, price of purchased goods, delivery charges, payment method and terms and delivery address. Upon receipt of the Buyer’s order, the Supplier shall send a confirmation e-mail and/or direct Buyer to a printable web page containing the order summary along with the data quoted in the order form. The contract is deemed to be entered into and effective only upon execution of the order and the issue of the relative tax receipt or invoice.  Until then, Supplier has the right to refuse the order.
The sales contract and the order summary are drawn up in three different versions: Italian, English and German.  In case of translation discrepancies, the Italian version shall prevail.  

4) PAYMENTS AND REFUNDS

Supplier accepts payments for the ordered goods through major Credit Cards (Mastercard, Visa, American Express circuits) and PayPal.
Credit card data is managed directly by Banca Sella or other banks specialized in online payments, whereas, PayPal data is managed directly by PayPal. Personal data is protected by means of next-generation encryption systems that prevent unauthorized use of such data by third parties, and is forwarded directly to the bank. Supplier reserves the right to request authorization from the credit cart issuing bank or PayPal to verify ownership and authenticity of the credit card in case problems are encountered. Under the right circumstances, refunds will be made to Buyer by transfer of credit card payment, within 30 days from the date on which Supplier became aware of the causes that gave Buyer the right to claim a refund.

5) SHIPPING AND DELIVERY CHARGES

The Supplier will deliver the ordered products using specialized couriers. The Supplier will execute the order received within 10 days from the day following that on which the contract was concluded, entrusting it to the courier later. In the event that the Supplier is unable to ship within this period it will be given prompt notice by e-mail to Buyer, with indication of the deadline will order fulfillment. Delivery times may vary depending on the country of destination and other factors not directly controllable by the supplier and not attributable to it.Tentatively and with the exceptions mentioned above:

• In Italy delivery is expected in about 3-5 days.
• In countries outside Italy the delivery is expected in about 5-10 days.

For more information on the timing of delivery and the Expedition, please see the section "Shipping" at the bottom of the site.

6) PRODUCT AVAILABILITY

Supplier guarantees timely processing and execution of orders through a telematic system. In case the ordered quantity exceeds the available stock on hand, Supplier shall send Buyer an e-mail stating that the product is not in stock and specify the date when it will be available. Buyer shall also be asked to reconsider his/her order before proceeding.  Buyer shall be promptly notified, through electronic means, of the successful completion of the order registration process via a confirmation email, which is not legally binding as it is a simple order summary. 

7) LIMITATION OF LIABILITY

f an order cannot be executed within the terms under this contract due to force majeure events, Supplier shall not be held liable for any ensuing problem or loss suffered by Buyer. Supplier shall not be held liable towards Buyer, save for cases of wilful misconduct or gross negligence, web failure or malfunctions beyond Supplier’s or sub-suppliers’ control. Also, Supplier shall not be held liable for any damage, loss or  extra charges suffered by Buyer in the event of failure to execute the contract due to causes not attributable to  the same, given that Buyer is only entitled to claim refund of the full price paid for the product. Supplier shall not be held liable for any fraudulent or illegal use - by unauthorized third parties - of credit cards upon payment of the purchased products, provided Buyer is able to prove that all possible precautionary measures were taken according to the standards of ordinary diligence.   

8) WARRANTY AND ASSISTANCE

Supplier shall be held liable for any ascertained defective or faulty products attributable to the same,  provided that such defects have been notified to Supplier via registered mail with return receipt sent to the following address: Paolo Lazzaroni & Figli S.p.a., Via Gorizia n. 41, Saronno (VA) within 8 days from the date of delivery of the purchased goods.  

9) BUYER'S OBLIGATIONS

Buyer agrees to pay the price of the purchased goods according to the terms and methods under this  Contract.  Once the online purchase procedure is completed, Buyer shall print out and store the web page that contains the order details. The information contained herein has been examined and accepted by Buyer who declares to have acknowledged it after being redirected to this web page upon placement of order.  

10) CONTRACT FILING METHOD

Pursuant to art. 12 of Leg. Decree No. 70/03, Supplier agrees to inform Buyer that every order placed with Supplier is stored in digital format on the server that hosts this Website according to criteria of confidentiality and security.

11)  COMMUNICATIONS AND COMPLAINTS

All written communications addressed to Supplier, including any complaints, shall be deemed valid only if sent to the following address:  Paolo Lazzaroni & Figli S.p.a., Via Gorizia n. 41, Saronno (VA), or by e-mail to the following web address:  info@augusta1945.it Buyer shall state in the order registration form his/her place of residence and  domicile, telephone number and e -mail address for receiving communications from Supplier.  

12) JURISDICTION AND APPLICABLE LAW

Any disputes arising out of or in connection with this contract shall be settled by the competent  court of Busto Arsizio, in case the Parties agree to submit such disputes to an ordinary Court.
This contract is governed by Italian law.  

13) CONTRACT DURATION AND EFFECTIVENESS

The confirmation of the order implies acceptance by Buyer of these general sales conditions terms.
Updates and changes to these terms and conditions are effective from the moment they are published on this website.  Any change or update to these terms and conditions shall be deemed valid and effective for orders that are yet to be filled out and for which the relative summary page is not yet displayed or printed out.  

14) RIGHT OF WITHDRAWAL

The Buyer has the right to terminate the agreement entered into with the Seller, without any penalty and without specifying the reason, within 14 days from the day of receipt of goods purchased at www.augusta1945.it
To withdraw from the agreement, the Buyer may use the return form (in conformity with the form pursuant to Article 49, paragraph 4 of the Consumer Code); the form must be filled in and sent to the Seller by e-mail at info@augusta1945.it, the customer may also write and send to the Seller a declaration stating the decision to withdraw from the agreement.
After having withdrawn from the agreement, the Buyer must return the products to the Seller, handing them over to the carrier for shipment within 14 days, starting from when the Buyer notified the Seller of his/her decision to withdraw from the contract. , the Buyer shall directly pay the costs to return the goods and shall be liable in case of loss of or damage to the products during transport.
The right of withdrawal, in addition to the aforementioned terms and circumstances, shall be considered correctly exercised if the following conditions are complied with:

• the return form sent or any other communication stating the decision to withdraw from the agreement must be properly filled in and forwarded to the seller within 14 days of receipt of goods;
• the products must be returned in their original packaging;
• the products must be delivered to the carrier within 14 days starting from when the Buyer notified the Seller of his/her decision to withdraw from the agreement;
• the goods must not be damaged.

The Buyer is responsible for the diminished value of the returned products, resulting from any use other than that authorised by the Seller in order to allow the Buyer to ascertain the nature, characteristics and functioning of the products.
If the right of withdrawal is exercised in the manner foreseen, the Seller shall check the conformity of the returned products and shall refund the amount due within 14 days from the date on which the Seller becomes aware of the exercise of the right of withdrawal by the Buyer.
The Seller shall refund the amount using the same payment method used by the Buyer to purchase the returned products, unless otherwise agreed between the parties.
If the right of withdrawal is not exercised in compliance with the terms and procedures described, the Buyer shall not be entitled to a refund of the money paid to the Seller.