1.1These Conditions of Sale Online (hereinafter “GTC”) govern the contract (hereinafter the “AGREEMENT”) for the sale of products (hereinafter the “PRODUCT” or “Products”) on the site www.justitalynow.com(Hereinafter the “SITE”), owned by the company Centro Servizi Tor Vergata with legal and administrative headquarters in Rome in Via di Tor Vergata 257, IVA 15686161009 (hereinafter “JustItalyNow”), and purchased via Internet by the users of the SITE (hereinafter the “CUSTOMER”).
1.2Articles 7 and 8. Right of withdrawal Products GCS will apply only and exclusively if the CUSTOMER qualifies as a “consumer” pursuant to art. 3, co. 1, lett. a) of Legislative Decree no. 6 September 2005. 206, namely “a natural person acting for purposes not related to business, commercial, craft or profession.”
1.3The submission of a purchase order for one or more PRODUCTS SITE by the CUSTOMER indicates your acceptance of these GCS by the CUSTOMER himself.
- Effectiveness and modification of the GCS
2.1The GTC apply to the sale of PRODUCTS are those published on the SITE on the date of the order of the PRODUCTS. The CLIENT can easily be stored on a durable medium and reproduce on paper by the present CGV printing.
2.2The GTC may be amended and any amendments and / or additions will be in force from the moment of their publication on the SITE. The CUSTOMER is requested to periodically check the publication of the latest GTS.
2.3Some marketing campaigns, according to the specificity of the PRODUCTS, may be subject to special terms and conditions in addition to the GCS. These special conditions if any will be accessed and displayed in the “description” of the showcase area through a link. By purchasing the PRODUCT of such sales campaigns, the CUSTOMER accepts, in addition to the GCS, also its particular conditions.
- Procedure for sale
3.1The offer presented on the SITE PRODUCTS is subject to their actual availability.
The technical steps to be performed for the conclusion of the CONTRACT are the following:
– the CUSTOMER will have access to the SITE to see and learn about the offers of the PRODUCTS, the offer period if applicable, the characteristics of the Product and its price including VAT;
– inside the SITE CUSTOMER may choose to purchase PRODUCT, which is then placed in a “shopping cart” virtual which will be known before the purchase and payment, the contents; in the process of finalizing the purchase, the CUSTOMER will select the shipping method and preferred payment;
– to confirm the order, the CUSTOMER must enter a shipping address and any other relevant information to complete the order, ensuring forthwith the accuracy of data entered; such data can still be modified until an order final, executable by clicking the “Buy Now Button”.
Payment can be made by credit card, bank transfer or PayPal, unless otherwise specified. The charge will be done within 12 hours after sending by the CUSTOMER of the order confirmation.
3.3In the case of multiple orders, you shall be deemed entered into many CONTRACTS how many ordered PRODUCTS. The effectiveness of each CONTRACT is subject to the actual availability of PRODUCT, as specified in the following art. 4.2.
3.4The essential characteristics of the PRODUCTS, including the price including VAT and postage, are viewable and knowable by the CUSTOMER at a time prior to the conclusion of the CONTRACT and the payment. In particular, the essential characteristics of the PRODUCTS are viewable by accessing the data sheet PRODUCT same when JustItalyNow, in addition to the description and to the characteristics of PRODUCT, publish, if possible, also the photographs and / or video for the sole purpose of providing a representation of the product.
3.5Upon receipt of the purchase order, the CUSTOMER JustItalyNow transmit the order receipt containing a summary of information about the sale and will proceed to execute the order of purchase, except as provided for in art. 4.2.
3.6Prices shown on the SITE does not include any taxes, duties and taxes applicable in the destination country of the products and / or services where this is different from Italy. These costs vary from country to country, are borne by the CUSTOMER, which bears the burden of verifying the amount with the competent customs authorities. Against a written request refund the CUSTOMER of the costs incurred.
- Rights and obligations JustItalyNow
4.1JustItalyNow, except as provided for in art. 4.2, undertakes to deliver the PRODUCTS to the address given by the Client in the purchase of the goods, by means of the carrier for the transportation of the PRODUCTS. JustItalyNow can not be held responsible for delivery errors due to inaccuracy or incompleteness in filling in the purchase order by the CUSTOMER. JustItalyNow will also not be held responsible for delays in delivery attributable to the CUSTOMER.
JustItalyNow performs deliveries all over the country and internationally, except for the town of Livigno and Campione d’Italy (it is of course excluding the territory of the Republic of San Marino). Delivery is made by courier; addresses are not considered valid for the purposes of delivery to PO Boxes.
4.2 JustItalyNow will communicate to the Client within 15 days from the email address associated with the CUSTOMER, the possible unavailability of one or more of the purchased PRODUCTS. In this case, JustItalyNow refund the amount paid (the payment card or bank account or Pay Pal indicated by it for purchase) price and shipping costs (the latter will only be refunded if related PRODUCT unavailable). Exclusively proposal JustItalyNow and in agreement with the CUSTOMER, will send a JustItalyNow PRODUCT other than neat and of equivalent value.
4.3 Prices of Products sold on the SITE are inclusive of VAT and are prices charged to the public by the individual merchant. JustItalyNow reserves the right to modify at any time. Any changes to the prices of PRODUCTS will not, however, effective against the CLIENT who has already done the forwarding of an order.
- Rights and obligations of the CUSTOMER
5.1The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to JustItalyNow, and, if registered, shall undertake to communicate any changes in the data entered in the “My Account” the SITE.
5.2 The CUSTOMER, upon confirmation of the purchase order
- a) acknowledge that you have read, understood and accepted the GCS;
- b) confirms the accuracy of data entered and to be of age;
- c) authorizes JustItalyNow to the processing of personal data communicated at the time of purchase in accordance with ‘Privacy disclaimer.
5.3 The CLIENT undertakes, once the purchase procedure on the SITE accession, both to save an electronic copy is the release of the CONTRACT and the GTC for their conservation, as indicated in art. 2.1.
5.4 The purchase receipt corresponding to the order will be sent to the Client via e-mail automatically to the purchase order completion.
5.5 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier for their transport, the CUSTOMER must check the presence of the carrier:
- a) that the amount and type of PRODUCTS ranked corresponds to what is indicated in the transport document;
- b) that the packaging used for transportation is intact, not damaged, wet or otherwise altered, even if only the sealing materials;
- c) the amount and type of delivered PRODUCTS corresponds to order.
Any anomalies or deviations from the order must be made immediately to the carrier at the time of receipt of the PRODUCTS, using a special notation on the transport document.
5.6 For support or complaints regarding the PRODUCTS purchased, the CUSTOMER may contact JustItalyNow at the address listed on the Site under “CONTACT”.
5.7 JustItalyNow does not sell wine or other alcoholic products to persons under 18 years. The carrier charge will not deliver the wine or other alcoholic products to persons under 18 years old and may require a photo ID to verify the age.
- Use of the SITE
6.1 JustItalyNow does not assume any responsibility for the problems caused to the CUSTOMER the use of the SITE and the technologies employed as independent of their will, such as, for example:
- a) errors, delays or impossibility in accessing the SITE by the CLIENT during the execution of the sale procedure;
- b) errors, delays or impossibility in the reception, by the CUSTOMER, communications sent by JustItalyNow in relation to the sale of PRODUCTS.
7.1 The CUSTOMER has the right to terminate the AGREEMENT, without penalty and without giving any reason, no later than within 14 (fourteen) days of receipt of the PRODUCTS to the address indicated for delivery. Fa full proof of receipt, the date shown on the shipping document.
7.2 The CUSTOMER may exercise the right of withdrawal by informing JustItalyNow before the expiration of the withdrawal period by explicit declaration of the decision to terminate the CONTRACT to be sent by mail (postmark as proof) to the Centro Servizi Tor Vergata – Via di Tor Vergata 257- 00133 Roma RM specifying your name, order number, order date and the date of receipt of the PRODUCT. JustItalyNow it communicates by e-mail to the Client confirmation of receipt of the cancellation made by the Client and possibly the confirmation of the impossibility to exercise his right in the circumstances envisaged in art. 7.5.
For convenience you can download the type of withdrawal form lett.under paragraph 1 of the decree. February 21, 2014, n. 21
7.3In case of exercising the right of withdrawal, the CUSTOMER is obliged to return the PRODUCT JustItalyNow. To this end it is stated that:
– the deadline for returning the PRODUCT is 14 (fourteen) days from the date of communication of intention to withdraw from JustItalyNow AGREEMENT. For the purpose of calculating the deadline, the PRODUCT means returned in time it is delivered to the post office or other carrier accepting;
– the substantial integrity of the PRODUCT to be returned is an essential condition for exercising the right of withdrawal;
– the return of the property expenses (including postage, packing and packaging) to JustItalyNow are the responsibility of the Client, who must send the PRODUCT duly wrapped and packaged; JustItalyNow will not accept returned damaged, but only if kept in normal condition, preserved with the use of reasonable diligence. The Client will have to put in the copy of the transport document the packing carton.
7.4If the Client exercises his right of withdrawal in accordance with the provisions of the GTCS, JustItalyNow reimburse the sums paid by the Client for the purchase of PRODUCTS.
JustItalyNowCUSTOMER also reimburse the shipping costs of the PRODUCTS made only if the CUSTOMER had chosen the least expensive shipping, if any; if it has been agreed with JustItalyNow a different type of delivery from that offered on the site is no provision for reimbursement of additional costs.
Refund will be made free of charge, within 14 (fourteen) days from the date on which JustItalyNow is learned about the withdrawal right by the CUSTOMER through the same payment method used by the consumer. JustItalyNow withhold the refund due to the CUSTOMER to make up for the reception of PRODUCTS or until the CUSTOMER has not proven to have them shipped.
The CUSTOMER is only responsible for the decrease in value of the goods resulting from a manipulation different from those needed to establish the nature, characteristics and functioning of the goods.
JustItalyNow nell’accredito disclaims all liability for any delays, which depend by the bank, PayPal or the type of card used for payment.
7.5 Under Article. 59 co. 1 Decree. 6 September 2005. 206 (Consumer) code, you can not exercise the right of withdrawal, among others, in the following cases:
– PRODUCTS for made to measure or clearly personalized;
– Products for which, by their nature, can not be made because of the risk to deteriorate or expire rapidly;
– for PRODUCTS that are not suitable to be returned for hygienic reasons or related to health protection and have been unsealed after delivery;
The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is composed of more components or parts (eg the PRODUCT referred to as “DeliYou”) can not be exercised the right to withdraw only part of the PRODUCT purchased.
8.1The descriptions of the PRODUCTS on the WEBSITE are matching As made available by JustItalyNow suppliers. The images and video presentation of a descriptive information kit PRODUCTS are published on the SITE as an example and act merely representative, taking into account the fact that the image quality (eg in terms of color accurate display) can be dependent on software and tools used by the CUSTOMER at the time of connection to SITE. For all PRODUCTS sold is the responsibility of the manufacturer who is also responsible for the truthfulness and completeness of the information on the packaging. JustItalyNow is not responsible for the mismatch between the ordered and the PRODUCT PRODUCT description present on SITE,
JustItalyNow will pay, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of compliance with the terms and conditions set out in Articles. 128 et seq. of the Consumer Code.
In particular, in case of lack of conformity with respect to the description on the SITE, the CUSTOMER shall be entitled to get repair if feasible or replacement of the PRODUCT with a compliant if available. Alternatively, the CUSTOMER is entitled to a reduction of the price or termination of the AGREEMENT. At the time of receipt of the complaint, if the CUSTOMER requires the replacement of the non-compliant PRODUCT JustItalyNow will check the availability of the replacement PRODUCT (according to the specifications of the order) and, in case of non-availability, re-credit to the CUSTOMER the entire consideration in addition to the expenses Shipping. Given the presence on the site of some temporary sales campaigns, the replacement of the PRODUCT does not comply is in no way guaranteed.
8.2 JustItalyNowHe is responsible when the lack of conformity becomes apparent within two (2) years from delivery of the PRODUCT. The CUSTOMER shall forfeit their rights to any lack of conformity if no complaint JustItalyNow the lack of conformity within a period of 2 (two) months from the date on which he discovered the defect.
8.3 The legal guarantee of conformity shall apply only to defects not resulting from normal use of the PRODUCT. The rights arising from the legal guarantee of conformity may be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in accordance with the intended use and as provided in the attached instructions and upon presentation by the document CUSTOMER transportation received and indicating the order number. The costs related to the return of PRODUCTS year warranty effect will be borne by JustItalyNow.
- Governing Law and Jurisdiction
9.1 These GCS, their validity, interpretation and execution are governed by Italian law.
9.2 For civil disputes in the event that the purchaser is a private person who acts for purposes or the exercise of their professional activity, the territorial imperative is the judge of the place of residence or domicile of the consumer, if within the country. In all other cases it will be the exclusive competence of the Rome Bar.
9.3 It informs the consumer residing in Europe that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve by non-judicial any disputes relating to contracts of sale of goods and services entered into a network and / or resulting therefrom. Therefore, if you are a consumer established in Europe, it can use this platform for the resolution of any dispute rising from the online contract entered into on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr