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GENERAL TERMS OF ONLINE SALE

of La Cooperativa di Cortina Soc. Coop., with registered office in Cortina d’Ampezzo (BL), Corso Italia, 40, CAP 32043, email: info@coopcortina.com, tax code and VAT number: 00063460257, tel. 0436-861245, in the person of the legal representative Ghezze Paolo, (hereinafter referred to as Seller);

Whereas:

the Seller manages the website www.coopcortina.com (hereinafter referred to as "Website");
the website is intended both for commercial transactions between business and consumer (B2C) and for commercial transactions between businesses (B2B);
the expression "General Terms of Online Sale" is the sale agreement relating to the consumer goods of the Seller signed between the Seller and the Buyer as part of a system of distance sales organised by the Seller;
these terms of sale regulate the online sale between La Cooperativa di Cortina and the Buyer, who must declare as indicated below if he/she purchases as a consumer or as an entrepreneur/professional with a VAT number;
these recitals are part and parcel hereof;

the following is agreed:

Subject-matter of the contract

These general conditions, which are made available to the Buyer for copying or storing pursuant to Article 12, Italian Legislative Decree no. 70 of 9 April 2003, cover the purchase of products by means of distance sales and the Web, through the Seller's website, with registered office in Cortina d’Ampezzo (BL), Corso Italia, 40, CAP 32043, email: info@coopcortina.com.
With this contract, the Seller sells and the Buyer purchases from a distance, respectively, the products indicated and offered on sale on the Seller's Website.
The main characteristics of the products referred to above are shown on the Seller's Website. The accompanying image of a product may not be fully representative of its characteristics.
The Seller undertakes to supply the selected products – within the limits of their availability - against payment of a consideration set forth in Article 3 of this contract.

Acceptance of the terms of sale
1. All purchase orders will be forwarded by the Buyer to the Seller, after indicating his/her personal data, possible registering to the website and entering ID and PW with access to a reserved area via secure protocol, and thus, completing the indicated purchase procedure.
2. These general terms of sale must be examined "on line" by the Buyer before completing the purchase procedure. Therefore, the forwarding of the purchase order by the Buyer implies his/her knowledge and acceptance in full.
3. The Buyer, by confirming electronically his/her own purchase order, unconditionally accepts and undertakes to observe, in his/her relations with the Seller, the general conditions and terms of payment described below, declaring that he/she has read and accepted all the Seller's indications pursuant to the regulations mentioned above, by taking also note that the Seller does not consider himself bound to different conditions unless previously agreed in writing.
4. The acceptance of the terms of sale must be expressed by filling in all the sections of the electronic form, following the on-screen instructions and, finally, by checking the boxes ACCEPTANCE OF THE TERMS OF SALE and PRIVACY POLICY, thereby accepting in full the contents of these documents.
Issuing the invoice
1. Buyers purchasing as entrepreneurs/professionals must indicate their VAT number and other data required for invoicing by filling in the proper fields on the Website;
2. Buyers purchasing as entrepreneurs/professionals and residing in the EU must be registered in the VIES system. If any evidence of non-registration to the VIES is reported, the invoice will not be issued;
3. Failure to communicate the VAT number and/or other data required for invoicing suggests to the Seller that the Buyer is a Consumer. The invoice cannot be requested after placing an order;
4. Invoices will be sent only by email to the email address indicated by the Buyer.
Method of purchase and selling prices
1. Products and selling prices on the Website are expressed in Euro and must always be considered subject to explicit email confirmation by the Seller, which represents the acceptance of the purchase order.
2. The prices of the products published in the Shop section of the Website are inclusive of VAT and do not include any taxes and duties applicable in the country of destination of the products, where this is different from Italy, which will be borne by the Buyer. Deliveries will be carried out in the territories indicated under the item Countries and shipping costs, in the Shop section of www.coopcortina.com, where the shipping costs for each country are also indicated. The total shipping cost to the Buyer's domicile will be borne by him/her, apart from special cases that will be made specifically known on the website and/or communicated by email. In any case, the cost is made known to the Buyer before the purchase order confirmation.
3. The receipt of the order does not bind the Seller until he has expressly accepted the order by email. The Seller, subject to the availability of the chosen product, will confirm and formally accept by email the order received.
4. The Buyer expressly grants the Seller the right to accept the order made also partially (for example, if all the products ordered are not available). In this case, the contract will be finalised in relation to the goods actually sold.
Conclusion of the contract
1. The Contract closed through the Website is entered into when the Buyer receives by email the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer, subject to the availability of the chosen product, and informs the Buyer that he can process the order. The Contract is entered into where the registered office of the Seller is located.
Methods of payment
1. Each payment by the Buyer will be made only by using one of the methods indicated below: advance payment by bank transfer or online payment by credit card, or Paypal.
  1. advance payment by bank transfer: the payment must be made to the current account in the name of La Cooperativa di Cortina Soc.Coop., with the bank Unicredit, IBAN IT 34 K 02008 61071 000030027803; cod. BIC SWIFT UNCRITM1M81. The goods will be sent upon confirmation of the payment made.
  2. online payment by credit card: the following types of credit card can be used: EdcMaestro, Visa and Mastercard. The amount of the purchase will be charged when the order is closed. Please note that during the payment procedure with EdcMaestro, Visa and Mastercard, the bank may request a PIN code or a password to be entered at the time of payment. If the Buyer does not know the Pin or password, he/she must contact the competent bank.
  3. payment through Paypal.
Delivery terms
1. IThe Seller will deliver to the Buyer, at the address indicated by the Buyer, the selected and ordered products, as provided by the previous articles, by trustworthy courier and/or forwarding agents. Depending on the product and place of destination, deliveries are made within approximately a period of time ranging from 72 (seventy two) hours to 10 (ten) working days from the payment, as indicated in the confirmation email that will be sent to the Buyer. If the Seller is not able to ship within the above-mentioned terms, but in any case within 30 days from the date of conclusion of the contract, the Buyer will be immediately notified by email. In any case, the ordered goods will be sent upon payment and therefore, the deadline for the delivery will start from that moment.
  All the pictures of the products on the website may not exactly show the aspect of the delivered product; all the colours displayed by the video must be considered as approximate.
2. If the Buyer is absent, an advice of delivery will show the information necessary to contact the courier or forwarding agent in order to agree on the delivery. In any case, the Buyer will receive an advice of delivery in the manner and time specified in the order form.
3. The Seller will not be liable for any delay or failure to deliver due to an incorrect or incomplete communication of the address by the Buyer.
4. Upon receipt of the goods, the Buyer is required to check the compliance of the delivered product with the order made; the delivery documents must be signed only after this check, without prejudice to the right of withdrawal provided by Article 10 of these conditions.
Limitations on liability
1. The Seller assumes no liability for the delay or failure to deliver the goods due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, the execution of the contract within the agreed time.
2. The Seller may not be held liable with regard to the Buyer, except in case of misconduct or gross negligence, for poor services or malfunctions related to the use of the Internet that are beyond the Seller's control.
3. The Seller will not be liable with regard to any party or third parties for damages, losses and costs suffered as a result of the failure to execute the contract for the reasons mentioned above, since the Buyer has only the right to refund any price paid.
4. The Seller assumes no liability for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, upon payment of the purchased products, if he proves that he has taken all possible preventive measures under the best known science and expertise of the moment and according to reasonable care.
Guarantees and servicing methods
1. In case of questions, complaints or suggestions, the Buyer may contact the Seller by email ufficio.clienti@coopcortina.com. In order to guarantee a quick processing of questions, complaints or suggestions, the Buyer must accurately describe the problem and if necessary, enclose the documents of the order, or indicate the order number, customer number, photo documents, etc.
2. The guarantee applies only to products indicated in Italian Legislative Decree no. 206 of 6 September 2005.
Obligations of the Buyer
1. The Buyer undertakes to pay the price of the purchased product as prescribed in these General Conditions.
2. Once the purchase procedure is over, the Buyer undertakes to print and store these general conditions - which, however, he/she will have already examined and accepted as a necessary step to the purchase procedure - as well as the product specifications subject-matter of the purchase, and this in order to fully meet the conditions set forth in Italian Legislative Decree no. 206 of 6 September 2005.
3. The Buyer is strictly not allowed to enter false, and/or invented, and/or fanciful data in the registration procedure by means of the specific electronic form; the personal data and email address must match the real personal data and not of some other person, or fanciful persons.
  The Buyer is fully liable for the accuracy and truth of the data entered in the electronic registration form, designed to complete the purchase of the products.
4. The Buyer holds the Seller harmless from and against all liability arising from the issue of incorrect tax documents due to errors relating to data provided by the Buyer, since he/she is the only one liable for proper data entry.
Right of withdrawal pursuant to Italian Legislative Decree no. 206/2005
1. The right of withdrawal is recognised only for the products envisaged by Italian Legislative Decree no. 206 of 6 September 2005.
2. The Buyer has the right to withdraw from the signed contract without penalty and without giving any reason, within 14 (fourteen) days from the date of receipt of the purchased product.
3. If the Buyer decides to make use of the right of withdrawal, he/she must inform the Seller, using the withdrawal form set forth in annexe I part B of Italian Legislative Decree no. 21/2014, or by submitting any other unequivocal statement of his/her decision to withdraw from the contract. The burden of proof related to the exercise of the right of withdrawal, in compliance with this article, is the Buyer's responsibility. In order to exercise the right of withdrawal, the sending of the notice may be validly replaced by returning the purchased product, provided it is carried out on the same terms and as prescribed by Article 11. The date of delivery to the post office or to the forwarding agent will prevail between the parties.
4. The product must be returned without undue delay and in any case no later than 14 (fourteen) days from the date on which the Buyer informed the Seller of his/her decision to withdraw from the contract. In any case, to qualify for a full refund of the price paid, the product must be returned undamaged and, in any case, in such a state of preservation as the one resulting from the necessary verification of the goods to establish their nature, characteristics and operation.
5. The Buyer cannot exercise the right of withdrawal for purchase contracts for goods made to measure or clearly personalised or that, due to their nature, cannot be returned or run the risk of quickly deteriorating.
6. The Buyer who exercises the right of withdrawal in accordance with this article will have to bear direct expenses to return the product to the Seller.
7. The amounts already paid will be refund to the Buyer exercising the right of withdrawal in compliance with what was established, except for additional costs related to the type of delivery expressly chosen by the Buyer and other than the less expensive one offered by the Seller.
  These amounts will be refund without undue delay and in any case no later than 14 days from the date on which the Buyer informed the Seller of his/her decision to withdraw from the contract. Unless the Seller has offered to collect the goods, the Seller can in any case withhold the refund until he receives the goods or the Buyer shows that he/she has sent the goods back, whichever situation occurs first.
8. On receipt of the notice by which the Buyer makes known to the Seller that he/she will exercise the right of withdrawal, the Parties are relieved of their mutual obligations, without prejudice to the provisions of this article.
Notices
1. Except for cases expressly indicated, or established by legal obligations, the notices between the Seller and the Buyer will preferably take place through email messages to their email addresses that will be considered by both parties a valid means of communication and whose production in court cannot be contested merely because they are electronic documents.
2. Written notices sent to the Seller, as well as any complaints will be considered valid only if sent to the following address: La Cooperativa di Cortina Soc. Coop., Corso Italia, 40, CAP 32043, Cortina d’Ampezzo (BL), or by email to: ufficio.clienti@coopcortina.com
3. Both parties may at any time change their email address for the purposes of this article, provided they give immediate notice to the other party as established by the previous paragraph.
Processing of personal data
1. The Buyer expressly declares that he/she has examined both the personal data treatment envisaged by Article 13 of Italian Legislative Decree no. 196 of 30 June 2003 (Privacy Code) and the "privacy policy" of the Website. The rights arising from the privacy policy and the disclosure requirements deriving from it for the Seller are examined "on line", before completing the purchase procedure. Therefore, the submission of the confirmation order implies their knowledge in full. Acceptance is confirmed by checking the electronic box "Accept privacy."
2. The Seller protects customer confidentiality and guarantees that the processing of the data is in compliance with the privacy policy set forth in Italian Legislative Decree no. 196 of 30 June 2003.
3. Personal and tax data acquired directly and/or by means of third parties by the Seller - data controller - is collected and processed on paper and electronically, in relation to the processing methods with the purpose of registering the order and providing him/her with the procedures for executing this contract and the related notices required, in addition to fulfilling any legal obligation, as well as allowing an effective management of business relations to the extent necessary to perform at best the requested service (Article 24, paragraph 1, let. b, Italian Legislative Decree no. 196/2003).
4. The Seller undertakes to process the data and information sent by the Buyer as confidential and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to send them to third parties. This data can be produced only on request of the court or of other bodies authorised by law.
5. Personal data will be disclosed, subject to the signing of a data confidentiality commitment, only to subjects appointed to carry out the activities required for executing the contract signed and disclosed only for that purpose.
6. The Buyer has the rights set forth in Article 7 of Italian Legislative Decree 196/03, and namely the right to obtain:
7. The disclosure by the Buyer of its own personal data is a necessary condition for the correct and timely execution of this contract. Failing this, the demand of the Buyer may not be carried out.
8. In any case, the collected data will be kept for a period of time not exceeding the one required by the purposes for which the data was collected or processed later. In any case, its removal will be carried out safely.
9. The Seller is the data controller and processor to the company headquarters of which the Buyer may send any request.
Competent court
1. In case of disputes arising out of or in connection with this contract, the parties undertake to make an easy way for an equitable and amicable settlement.
2. If the dispute is not settled amicably, and in any case within six months from the date it started, it will be made known exclusively to the Court of Belluno, even if the Buyer is not an end consumer.
Governing law and renvoi
1. This contract is governed by the Italian law.
2. For what is not expressly provided herein, the law provisions applicable to the relations and cases envisaged in this contract, and in any case, the regulations of the Italian Civil Code and of Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code) apply.
Final clauses
1. This contract repeals and replaces any agreement, understanding, negotiation (whether written or oral) occurred previously between the parties and concerning the subject matter of this contract.
2. Any ineffectiveness of certain clauses will not affect the validity of the entire contract.
3. These general terms of sale have been written in Italian and in English. If difficulties arise in their interpretation, the parties agree that the Italian text will be considered authentic and effective.
4. By accepting the General Terms of Sale by checking the electronic box “I Accept”, the Buyer declares that, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, he/she has carefully read the contract and expressly approves the following clauses:
  Art. 3 (Method of purchase and selling prices),
  Art. 4 (Conclusion of the contract),
  Art. 6 (Delivery terms),
  Art 7 (Limitations on liability),
  Art. 8 (Guarantees and servicing methods),
  Art. 9 (Obligations of the Buyer),
  Art. 10 (Right of withdrawal pursuant to Italian Legislative Decree 206/2005)
  Art. 13 (Competent court),
  Art. 14 (Governing law and renvoi).
  
  By purchasing any product from www.coopcortina.com, the user accepts the above conditions.

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