1.DEFINITION AND CONTENT OF THE CONTRACT
1.1 – This agreement (“Agreement”) is a distance sale contract pursuant to the Art. 50 et seq. of the Legislative Decree n. 206, dated 6. September 2005(“Consumer Code”). The Contract concerns the sale of goods between Second Hand srl (“2nd-Hand.it”) with his registered office in Caserta – Via Cappiello, 50 – 81100, Vat Nr. 03801730619 (“2nd-Hand.it”) and the customer (“Customer”). The Contract is concluded directly through the acceptance by 2nd-Hand.it of a purchase proposal issued by the Customer by telephone or by web, following an invitation to submit content bidscontained in distance selling programs, on the website www.2nd-hand.it (the “Website”) and / or through other distance selling systems of 2nd-Hand.it, on the basis of the procedures described in 3rd article.
1.2 These general conditions of sale (“General Conditions”) and in particular the information referred to the Art. nr. 52 of the Consumer Code, as provided by 2nd-Hand.it in distance selling programs, repeated to the customer by phone and described on the web-site, shall remain valid and effective until they will be modified and / or by 2nd-Hand.it. Any changes and / or additions to the General Conditions will be effective from the date that will be communicated to the public and will apply to sales made on or after that date. The latest upgraded version of the General Conditions is available on the Website.
The selling prices of the products shown in the distance selling, on the website and / or through any other systems of 2nd-Hand.it’s distance selling are included of Vat and all other taxes. The delivery costs are indicated on the website and / or through any other distance selling system of 2nd-Hand.it and, in the case of telephone orders, repeated to the Customer by the 2nd-Hand.it’s operator.
3. PURCHASE RULES AND PAYMENT
3.1 – The selling contract concluded by telephone completes the title by the notification to the customer (who has contacted the 2nd-Hand.it by phone and delivered on that occasion, a proposed purchase also provides the operator with the information necessary for the process of registration of his name, of ‘purchase order and payment method choice) that the proposal is accepted.
3.2 – In the event of purchasing proposals submitted through the Website by 2nd-Hand.it the customer will receive an e-mail summary, which will be informed that your purchase proposal is being drafted and will be deemed accepted, unless otherwise communication e 2nd-Hand.it transmitted by mail or by phone within three (3) calendar days of receipt of the e-mail summary. After that date, the Agreement via the Internet is considered complete.
3.3 – The customer will be allowed to choose one of the following methods of payment: (a) in cash, to be made ??to the courier who delivers the product; or (b) through any other means of payment from time to time indicated as valid by 2nd-Hand.it via transmissions teleshopping or on the Website.
4. GOODS DELIVERY – CUSTOMER COMPLAINT
4.1 – 2nd-Hand.it delivers the goods to the address indicated by the Customer within 30 (thirty) days after the conclusion of the Contract.
4.2 – Any complaint will be forwarded to the following address: Second Hand srl, with his headquarters in Via Scassata, Pastorano 81050 Italy.
5. PRODUCT AVAILABILITY
2nd-Hand.it accepts customer orders for the quantity of products available in the warehouse. Therefore, the acceptance by 2nd-Hand.it of the purchase proposal made by the customer depends to stock availability. 2nd-Hand.it agrees to promptly notify the Customer of any unforeseen depletion of stocks due to excess demand or other causes.
6. WARRANTY AND SERVICE
For the products purchased by the Customer, the rules on guarantees and assistance relating to the sale of consumer goods shall be applied.
7. CUSTOMER’S OBLIGATIONS
Customer represents and warrants that: (i) should be a consumer in accordance with art. 3 of the Consumer Code; (ii) to be of age; (iii) that the data supplied by the same for the execution of the Agreement are true and correct.
8. RIGHT TO WITHDRAWAL
8.1 – The Customer is entitled to withdraw from the contract without any penalty and without specifying the reason, within 14 days from the receipt of goods. The Client may exercise the right of withdrawal, within that period, giving a telephone or through written communication at the headquarters of 2nd-Hand.it in art. 4, to be sent by registered letter with advice of receipt or by telegram, telex, electronic mail or fax.
8.2 – The customer who wishes to exercise the right of withdrawal must return the products to the address indicated on the invoice, following the instructions therein contained, within 28 days of receipt of goods. Pursuant to Article 55, second paragraph of the Consumer Code, the customer isn’t entitled to withdraw in the following cases: – supply of audio or software unsealed by the Customer; – supply of products tailored or personalized or which by their very nature, can’t be returned or are liable to deteriorate or expire rapidly (eg. Cosmetics, flowers, food); – the supply of newspapers, periodicals and magazines.
8.3 – The costs of returning the products shall be borne by the customer. 2nd-Hand.it returns within 30 days from the date of receipt of the goods from the Customer: (i) the full price paid by the customer in the event of a refund of the full product of all its parts and functions; or (ii) the portion of the price equivalent to the product returned by the customer who has used the product in any appreciable way and / or significantly diminish the value.
9. TREATMENT AND CONFIDENTIALITY OF PERSONAL DATA PURSUANT TO LEGISLATIVE DECREE NO. 196/2003 OF 30 JUNE 2003
9.1 Pursuant to Legislative Decree no. 196/2003, Code in matter of protection of the personal data (hereinafter the “Code”), we inform you that your personal data, provide and / or subsequently acquired, will be handled by 2nd-Hand.it, in Italy and abroad, through electronic and manual in compliance with the Code and the regulations in force in the field of privacy.
10. PLACE OF JURISDICTION
The Agreement is governed by Italian law. Any dispute relating to the application, implementation, interpretation and breach of contract will be the responsibility of the court in which the customer’s residence or domicile, whether located in the territory of the Italian Government, or of the Court of Torre Annunziata, in case the customer has his residence or place of business abroad.