Conditions of sale PROGARR.com
1. Ownership of the site
The site www.progarr.com (below site) is the property of MC s.r.l. (below PROGARR) with registered office in Via G.B.Amico 19, Trav. Corso Dei mille, 91011 Alcamo (TP), Italy (Vat number IT 02642800813, with the following number repertoire (REA): TP - 186340), and is finalized to on-line sales of furniture and lighting products.
2. Applicable laws
The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree: September 6, 2005 n. 206 on consumption, with specific reference to the rules on distance contracts and the legislative decree 9 April 2003, n. 70 on certain aspects of electronic commerce.
3. Discipline for the purchase of goods through the site
These Conditions of Sale, together with the conditions of delivery and payment for goods provided in this site are an integral part of the sales contract concluded between the user of the Site (the customer) and PROGARR. PROGARR invites, therefore, to carefully read these terms, and to print, however, to keep copies, also in electronic form.
4.Conclusion of contract
4.1 Proposals of the customer
The publication of the products displayed on the Site constitutes the details of the invitation, directed to the Customer, to formulate the proposal. The order of the customer in respect of goods on the site, it is to contractual proposal to PROGARR, and may be done by completing the form online. The order of the customer requires full knowledge and full agreement on the procedure of purchase of these general conditions of sale and terms of payment and delivery on this Site
4.2 Proposals of the customer
The correct receipt of the proposal is confirmed by the customer through a PROGARR reply to the email address or fax number supplied by the customer. The response of PROGARR, generated automatically not valid acceptance of the proposal, but only confirmation of receipt. This mail will summarize the products and services purchased by the customer, the prices, delivery times. The Customer undertakes to verify the correctness of the data contained in the communication and submit to us, promptly, any inaccuracies.
4.3 Eventual publication errors
Successivamente all'invio della risposta di conferma da parte di PROGARR, nel caso sia PROGARR a riscontrare (a causa di errori di natura tecnica o formale) la non correttezza del prezzo e/o delle caratteristiche e del costo della spedizione, pubblicate sul Sito, dei prodotti e servizi oggetto della Proposta del Cliente, PROGARR darà espressa comunicazione di ciò al cliente invitandolo ad effettuare, se ancora interessato, una nuova proposta.
4.4 Conclusione del contratto
After received the confirmation reply by PROGARR, in case it PROGARR, to abut (due to technical or formal errors) is not the correct price and / or characteristics and the cost of the expedition, published on the Site , products and services in the Proposal of the customer. PROGARR give notice to the customer and invite to customer, if still interested, a new proposal.
5. Obligations of the Customer
The purchase of products and services is reserved to persons of legal age or who otherwise have the capacity to act. PROGARR disclaims any liability in case subjects unable to act in violation of this rule. The purchase of products and services on the Site, requires the transfer by the customer, the data required for operating activities of delivering the goods. The Customer undertakes to communicate to PROGARR correct information, current and truthful information relating to personal data, personal address and, in general, to other information useful to process the order. The customer agrees to pay the price of goods purchased.
6. Amount of the purchased goods and payment
All prices are in Euro and include VAT. Outside the purchase price of the additional cost of delivery, any costs of collection. The customer provide for payment of amounts due:
online via credit card, if it is equipped with one of the cards allowed.
7. Shipping and delivery
PROGARR ensures you make the shipment of goods purchased by the customer in the whole world. PROGARR is not responsible for any delays during the transport service. For the purposes of the delivery is required the presence of the customer or his representative at the place and day of scheduled delivery. PROGARR ensures compliance with quality standards for products and services exclusively to the time of delivery at the place indicated by the customer. In the absence of the customer, the courier will leave a notice of the second delivery the next business day. PROGARR reserves the right to contact the customer to arrange a new appointment and to charge additional shipping costs and the costs of storage. PROGARR ensures compliance with quality standards for products and services exclusively to the time of delivery at the place indicated by the customer. And not responsible relating to the bad condition of the goods due to improper storage next, to the time of delivery.
8. Right to cancel
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (INSERT: Name of the company, street, number, postcode, town, e-mail address, telephone number) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Any complaints in relation to goods purchased through the site will be directed by email (email@example.com) or via ordinary post to: MC s.r.l. - Via G.B.Amico 19 - 91011 Alcamo (TP) Italia.
10. Force majeure
PROGARR not be liable for any delay in the contract governed by these general conditions of sale if the delay is caused by circumstances beyond their reasonable control. The part in delay due to force majeure will be right to an extension of time necessary to fulfill such obligations.
11. Protection of personal data - art. 13 D.Lgs. 196/2003
During the visit of our web site www.progarr.com (hereafter the Site), the purchase of products on the Site or sent requests for information or assistance to us, MC s.r.l. (hereafter, PROGARR), can be acquire personal data (hereafter, data) customers and users (hereafter, user or users). Below, in accordance with the provisions of D. Lgs. 196/2003 (“Codice Privacy” o CP), we wish to inform about the methods and purposes with which these data are processed. The present disclosure relates also to the processing operations performed by persons who perform, on behalf of PROGARR, technical and organizational tasks (see paragraphs 11.1 e 11.3).
11.1 Purpose and methods of treatment
By simply navigating the site (without which authenticate registered users) do not collect any personal data. Depending on the services required (or allowed) by you, however, the data are processed for the following purposes: fulfillment of the obligations arising from contractual relationships (eg, purchase of products, such as extended warranty and delivery: see paragraph 11.1.b for details); obligations imposed by laws, regulations and legislation; sending the newsletter PROGARR with the reporting of discounts, promotions and new products (see Section 1.c for details), and commercial communications of a promotional nature of PROGARR, assistance provided by our Customer Care Service (response to questions, reports, orders and inquiries). The data are collected directly by the user in question, or otherwise acquired, always and only to the extent strictly necessary to implement its services required (or allowed), or, in general, to improve service quality and usability of the Site. In relation to the abovementioned purposes, the processing is done using manual, electronic and / or automated with logical and related to the aforementioned purposes, however, to ensure the security and confidentiality of data, for the time strictly necessary for the purposes mentioned above . The server from which the site is hosted is located in Italy, and is managed by MC s.r.l. For permit the operation of certain services, some cookies are active: for details of their functioning and how to disable them, please read the paragraph 1.d ("Cookies"). Within PROGARR, the data can be known only by responsible and accountable, properly identified and authorized. For certain services, also PROGARR makes use of trusted third parties to carry out tasks of a technical or organizational function to the purposes set out above (see section 3 for the details).
Subscription to the newsletter enables you to receive regular reports of new products, promotions and special offers PROGARR. To this end, the e-mail address is needed. In any event, you can also later, you can cancel this service of newsletter.
All information is transmitted in secure mode, so as to prevent interception. The data requested in the form of purchase are as follows: Name, surname, telephone number, e-mail: required for completing the transaction and make delivery; Tax Code, Address, Phone number, e-mail: required to contact user to confirm the validity of the purchase order or resolve any issues regarding the purchase or delivery, VAT, company Name and tax ID: required to issue an invoice and made payable to a business or professional. Unless expressly dissent the User, also PROGARR may use the email address provided during the purchase information to send you reports of similar products (accessories, product upgrades, etc..) to that purchased (Art. 130, paragraph 4, CP). PROGARR will ask, however, the express consent for any other form of promotional communication, in line with the provisions of Articles. 23 and 130 CP. If the User decides to pay by credit card, the information necessary to complete the transaction (number and expiry date of the Credit Card, Holder of credit card and related security code) are encrypted and sent directly from you to PayPal (Europe) S.à r.l. & Cie (di seguito, Paypal). Paypal, a company specializing in management of online payment, directly manages the data of the Credit Card: PROGARR is extraneous to the transaction and can not release information about using the credit card.
11.2 Mandatory and voluntary nature of the contribution and implications of the refusal to provide
The conferment of data is optional. However, the refusal to give the data previously reported as necessary for the purposes referred to in subparagraphs a) and b) of paragraph 1 of this information makes it impossible to supply the requested service (respectively, newsletter service, completion of the purchase and delivery the goods).
11.3 Communication to third parties
PROGARR makes use of trusted third parties for the performance of tasks such as technical or organizational, for example, the provision of legal services, accounting, tax, consulting, transmission, archive, transport and handling of communications (eg, company for the delivery, management of correspondence and data entry, customer support, call center management). These individuals are responsible and self-controllers. Personal data may also be acquired by third parties (eg companies, professionals, institutions, banks and other financial intermediaries, Public Records) responsible for performing services on behalf of the User and / or provided to the Public Administration in special cases provided by law. With the consent of the data may be communicated by PROGARR other companies working in publishing, consumer products and distribution, financial, insurance, services and humanitarian organizations and charities, for the purposes mentioned above, as well as institutions research, to analyze consumer habits and choices. In any case, PROGARR will not sell or rent such information to outside companies, in addition, the data are not disseminated.
11.4 Log e cookies
PROGARR uses only temporary cookies within the limits specified in paragraph 1.d. Some information was also collected automatically when visiting and browsing through the pages of the Site (type of browser used, connection time, IP addresses, ISPs already, etc..) And stored in log. Such information, however, does not identify individual users and are used by PROGARR anonymous and aggregated for statistical analysis to improve the navigability of the site and the quality of the service.
12. Applicable Law and competent court
The agreement of sale between PROGARR and the Customer will be disciplined and interpreted in accordance with Italian law. For the solution of civil disputes deriving from the conclusion of this contract of sale at a distance, if the customer is a consumer, the territorial imperative is the judge of the place of residence or domicile of the consumer, if located in Italy, in all other cases the local jurisdiction is the only forum of Trapani.