Terms and conditions
Previously, e-commerce (electronic commerce) means any initiative in support of commercial activity which is carried out using the electronic channel Internet. In particular , indirect e-commerce means a sale that takes place via computer, while the delivery takes place via traditional means.. After the user chooses the goods, he needs to authorize to send the payment through the following: cash, PayPal, credit card or bank transfer.
1 GENERAL TERMS OF NEW FORM TO BUY ON-LINE
1.1. TERMS AND CONDITIONS
The following terms and conditions apply between NEW FORM s.a.s, with administrative and legal Head Office, in via D.Birago, 11, code 90134, P VAT 04356800823, and natural person that online purchases through the website www.new-form.it, owned by the same New form. The general conditions enter into force since their publication on this website. These conditions may be subject to changes, which therefore will be communicated in this same space. These terms and conditions rule purchases through the website www.new-form.it, according to the provisions of the third Part, third Title, first Chapter of the Italian Consumer Code, D.lgs. no. 206/2005, as changed by D.lgs No. 21/2014 and by D.lgs. No 70/2003 about the electronic commerce.
These general conditions of sale are only related to customers defined as "consumers". "The sales procedures between customer and this New Form s.a.s involve the category business-to-consumer, indeed the involved subjects are the same enterprise who offers goods and individual home users called Consumers. The consumer, as provided by Article 3rd , paragraph 1st , letter a) of the Italian Consumer Code (D.lgs 6 September 2005, no. 206) is the natural person acting for different purposes from its trade, business, craft or profession. "Professional" refers to, as provided article 3rd , paragraph 1st , lett. c) of the Consumer Code, the natural or legal person acting in the exercise of their entrepreneurship, business, craft or profession, or an intermediary. New form reserves the right to not accept orders from customers who are not included in the previous notion of "consumer". In addition, New Form can decline orders that do not adapt to our policy Commercial or the terms and conditions of online sale.
1.2.1 Electronic signature
The “validating click” is considered an electronic signature. This electronic signature has the same value between parties of a handwritten signature.
Product, as provided by Article3rd, 1st subsection , letter e, means any product assigned to the consumer, even in the framework of services, or liable to be used from consumer under easily provided conditions. We consider “product” also an item that is not assigned to the same consumer, or a delivered or made available item, free of fee or with a fee both, inside a commercial activity. It is included in the definition of product any new, used or reconditioned item. This concept does not apply to used products, delivered as antique pieces and items to recondition before the using, in the case in which the supplier informs in writing the person whom supplies the product. The availability of products refer to the real availability when the consumer orders the same products.
1.3. Sale price
Sale price, as provided by article 13th , 1st subsection, letter a , means the final price, valid for one unite of product [..] that includes Vat and every tax. Prices are expressed in euro and they include vat.
1.4. Delivery costs
Delivery costs are not included in the purchase price, but they are indicated and calculated when the procedure of purchasing is concluded, before any payment. The customer accepts the faculty of New Form to change prices in any moment, therefore the prices are valid until they are available on the same website. In case of computer mistake or other mistakes that change substantially sales prices to the customers and that differ from prices offered by New Form for huge value or clearly ridiculous, the purchase order shall be considered not valid and it will be denied. Therefore, the amount shall be given back to the customer within 14 days from the day of annulment.
1.5. Pre - contractual information. Ex article no 49 D.lgs 206/2005
Before the distance contract binds the customer and New Form, the customer is informed about:
a) fundamental characteristics of goods, that are designed on the specific lists of products
b) the identity of the professional ( the present New Form), the territorial address where the professional is established, its telephonic number, its fax number and mail. These information consents to the customer to contact professional and to send complaints:
We report the same data:
New Form s.a.s
sede legale Via D. Birago, 11 – 90134 – Palermo
Tel. 091 6176500
c) the total price of goods, that includes taxes, delivery costs and every additional cost
d) modality of payment and delivery
e) the date within New Form commits to deliver the goods.
f) the existence of the right to recede, conditions, terms, procedures to exercise that right ( as designated in the 2nd point )
g) memorandum about the existence of the legal warranty of conformity for goods.
h) information about the cost of restitution that is supported by the customer in case of recess;
1.6. Modality of payment
Any payment from the customer will be made through credit cards, as indicated in the website www.new-form.it, PayPal or bank transfer. In case of PayPal, it is prohibited to ask to the customer an additional payment compared with to payments through other modalities.
Payments are allowed to be made through gift card. Communication related the payment and data communicated from the customer will take place in accordance to any security modality, guaranteed from New Form
1.7. Booking Service and online sales
The user can book online the product and he can pick up the product in the store “New Form” (via D. Birago, 11 and Via Maqueda, 16) if it is immediately available in the store. He may also purchase the product online and he can pick up the product in the same store, at no additional cost.
According to the article 61 of D.lgs 2005 no. 206, the New Form commits to deliver goods to the customer without unjustified delay and within 30 days from the date of conclusion of the contract ( date of the emission of the online order). The deliver can be made in all national territory, through services offered from trustworthy Express Couriers. We guarantee the conformity to the provisions related to quality of our products exclusively until the moment of delivery. It is excluded any responsibility that comes from an inappropriate use of products following the delivery.
According to the article 52 of Dlgs 2005 n.206, the customer can rescind the contract within 14 days from the day in which he acquires the physical possession of the product. He does not give any motivation but he supports the cost of the restitution. Before the expiry of withdrawal period, the customer informs the professional about his decision to rescind the contract.
2.2. Withdrawal form
The customer either uses the recess form, as following reported, or presents any other written declaration in which he explains his choice to rescind the contract. He needs to send withdrawal form or the substitutive declaration before the expiry of 14 days ( expiry of recess period)
- according to article 49, subsection 1, letter h)
(complete and return this form only if you want to rescind the contract)
- Addressee: New Form S.a.s., New Form s.a.s,sede legale Via D. Birago, 11 – 90134 – Palermo, email@example.com.
- With the present form me/we (*) notify the withdrawal from my/our (*) sale contract of the following goods/services(*)
- ordered the (*)/ taken the (*)
- name of the costumer/customers
- address of the customer/customers
- signature of the customer/customers( only if the withdrawal form is handwritten)
(*) Delete the not used expressions. ”
The New Form refunds all payment made by the customer, in some cases including the delivery costs, without unjust delay and within 14 days from the day in which it is informed of the withdrawal from the contract ( as specified in 2.2 point). The New Form made the refund using the same modality of payment used from the customer for purchase. The New Form has the right to keep the refund until it receives the goods or the customer shows to restitute the same goods (depending on which situation takes place first)
The customer commits to give back the goods to New Form or third party (as courier) without unjust delay and within 14 days from the date in which he informs to withdrawal. The term is observed if the customer gives back the goods before the expiry of the period of 14 days. The restitution costs are supported by the customer. The goods need to be integral, in their original packaging, complete of all pieces and fiscal documentation. The customer will be liable of the reducing value of goods as result of the manipulation of the goods which differs from the necessary manipulation to establish the nature, the characteristics, the working of the goods.
2.5. When the right of withdrawal does not apply
The right of withdrawal does not apply in the following cases:
a) purchasing the packaged and sealed products that are not adapted to come back for hygienic reasons or health problems
c) goods that are perishable
d) goods that are customized ;
3. Legal assurance of conformity
3.1. Goods in conformity
According to the article 129 of D.lgs. 2005 n.206, il seller has the duty to deliver to the buyer the goods in conformity to the sale contract. Goods are presumed to be conformed to the contract if the circumstances provided by the 129 took place.
3.2 Lack of conformity
Ex. 130 Article, the seller is liable to the customer for any lack of conformità, that exists when the goods are delivered. If the goods have some defects at the moment of the delivery, the customer has the right of repair, replacement or proportional reduction of the price or resolution, without any additional cost. The customer can choose either to repair the product or to replace it, unless the remedy is not impossibile or excessively expensive for the seller. In the case in which the repairmen and replacement are both allowed, the remedy needs to happen within an adeguate term from the request from the customer and it does not carry any inconvenient. If the customer asks a specific remedy, he needs to accept the proposal from the seller or he can refuse it and asks immediately another remedy ( restitution, replacement, reduction of the price, resolution The contract cannot be rescinded for weak defect of conformity
Ex 132 Article, the seller is liable, when the defect of conformity , appears within the term of two years from the delivery of the good. The customer loses his rights if he does not complaint the defect within two months from the date in which he discovered the defect. The period of 2 months does not apply if the seller recognizes the defect or he hides it. The defects of conformity that appear within six months from the delivery are presumed to exist in the moment of the delivery.
4.2 Kinds of cookies
4.2.1 Technical cookies
Technical cookies are used to supply a better service to the customer, reminding his choices, such as information about language or his account. The cookies used from New form belong only to this category, they are managed directly from the owner/manager of the website and they allow a correct surfing of the website.
4.2.2 Analytical cookies
4.2.3 Marketing and profiling Cookies
These cookies are aimed to create profiles about the user for the purpose to send messages about the commercial preferences shown by the user during the surfing and about the improvement of surfing experience. Cookies sent by our trusted enterprises are cookies of third parties . These cookies are allowed to offer our commercial proposal about other retargeting websites. New Form does not control on information supplied by cookies of third parties and it cannot have access on data. These information are controlled totally by third societies, according to their privacy policies.
4.2.4 Social Network’s cookies
These cookies are not necessary for surfing our website, however they are allowed to socialize with our website: you can express your liking and you can share it with your social friends.
4.2.5 Embedded cookies
These cookies are used to visualize embedded contents such as Vimeo or You Tube videos or content from social sources.
5.1 Privacy information
New Form cares about customers’ privacy.
According to 13 Article, Dlgs 2003 n.196, user should be informed relating his personal details, given from him.
a) Finality of treatment data supplied in the www.new-form.it, for registrating, purchasing and receiving some email. Moreover, personal information should be treated for the following purposes: 1) managing the corrispondence and service communication 2) verifing that data for transation purposes are complete, valid, correct, clear, protected from scam. In addition, only under previous consent, dates could be used to collect more information about customers for direct mailing and indirect mailing, messages about our activities and about other customized services.
b) modality of treatment are digital and protected
c) duty to give some data for purchasing the product ( name, surname, address where goods will be deliveried, e-mail)
d) Data will be treated from New Form and they will be not diffused with third
e) Identifying information about New Form: legal office Via D. Birago, 11 – 90134 – Palermo
firstname.lastname@example.org,Tel. 091 6176500
New Form decides the purposes and modality to elaborate data, the execution of security procedures to guarantee privacy, integrity and availability of data.
New Form takes advantage of the following controller to treat personal data, according to 29 article of Italian Privacy Code:
- Shippers and transport companies
- Specialized operators who develop, who manage web servers ,who update the website and manage the sales portal and related services
- Service providers for warranty service for buying on the Site .
Operators in the sales , delivery management , refunds , complaints and warranty claims can access data
5.3 User/customer’s right
Tel. 091 6176500
6. APPLIED LAW AND JURISDICTION IN CASE OF LITIGATION
Any litigation should be solved friendly and through mediation procedures( Dlgs 28/2010), however if it will be not possible, it will be subject to the jurisdiction of Court in the residence or domicile territory, if they are within the territory of the State.
General conditions of sale and privacy are ruled from Italian Law.