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Legal
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Registered
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Marks registered are:
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D.
Law 22 May 1999 number 185
(Italian Law to protection of consumer about contracts in
distance)
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Art.1
- Definitions.
In the present Law these are the definitions:
a) contract in distance: is the contract with as the object
the buying of goods or services stipulate between a tradesmen
and the consumer in the system of selling in the distance. The
tradesmen utilize a technical support (to close contracts) of
all comunications in distance;
b) consumer: the persons that, in relation with the contracts
like as a), make this operation out of your professional things;
c) tradesmen: the person or the society that in contract to
distance is the seller;
d) technical of dstance's communication: every media that, without
fisical presence of tradesmen and consumer, can utilized to
close the contract between the agents; a indicative list of
technical support utilized in contract to distance is collected
in the directory as in enclosure I (omissis);
e) operator of communication's techinical: the person or the
society, public or private, that have as professional activitie
the selling with distance's communication.
Art.2 - Range of Application.
1. The present Law is applicated to contract in distance and
exclude:
a) financial services, like in enclosure II (omissis);
b) automatical distributors in the authomatized commercial centers;
c) contracts close throughout public phones;
d) real estate or consultant services;
e) selling throughout public auctions.
Art.3 - Informations for the Consumer.
1. Before closing the contract to distance, the consumer must
receive this informations:
a) identity of tradesmen and its address;
b) essential characteristics of good or service;
c) price or total amount of good or service (included all taxes);
d) delivery terms (amount);
e) payment mode, cash on delivery or other modes like specified
in the contract;
f) withdrawal or exclusions like specified in the art.5 comma
3;
g) modality and time to restitution or withdrawal;
h) amount of communication technical when this amount is not
specified in the contract;
i) during and validity of offers and prices;
l) minimal during of contract to fournishment of goods and services.
2. The informations like in the comma 1, that must be clear,
must be fournished clear and understandable, with all adeguate
media relatively to distance's technical utilized.
3. In case of phone communications, the identity of tradesmen
and the commercial topics must be declared with understandable
techinical in begin of communication.
4. In the case of individual techinical of communication, must
be assured to consumer (like in comma 1) a conversation in a
various language (italian, english, etc.); so all the other
communication topics must be assured like in Art.4.
Art.4 - Write-Confirm of Informations.
1. The consumer must be receive write-confirm or other durature
support with easy reading and consultations of all the informations
like in Art.3, comma 1, before or in the execution of contract.
At the submissions, all the informations must be in the hand
of consumer. Other informations that the tradesmen must to give:
a) informations about conditions and mode of withdrawal like
in the Art.5, comma 2;
b) the address of tradesmen where the consumer can send withdrawal
or complaintsi;
c) informations about customer care and guaranteed;
d) determination and all the circonstances of withdrawal.
2. All the dispositions in the present article can't applied
where the tradesmen is different or third society between consumer
and selling.
Art.5 - Withdrawal.
1. The consumer can operate renunciation from the distance's
contract. The consumer must write to tradesmen to operate your
renunciation enter ten days away the delivery:
a) for the goods, from delivery;
b) for the services, from the day of submission.
2. In the case of the tradesmen can't satisfy the topics like
in the Art. 4, the term of withdrawal is 3 month away:
a) for the goods like before (a);
b) for the services like before (b).
3. Absent different according between the parts, the consumer
can't exercise withdrawal in this contracts:
a) fournishment of services begin before seven days closing
the contract;
b) fournishment of goods and services with mutant prices (like
in the financial market) that are out of control of tradesmen;
c) forrnishment of goods as like it or personalized or, cause
its nature that can't refuse by consumer because are avariable;
d) fournishment of audiovisuals or softawares openned by consumer;
e) fournishment of journal, periodics and reviews;
f) services of stakes and lotterys.
4. The withdrawal must make with letter of advice (priority
post) to tradesmen. This communication can send by telegraph
or telefax.
5. The consumer must returned the goods to tradesmen enter the
therms write on contract (ten days from delivery).
6. The consumer must pay only the withdrawal amount (like specify
in the contract).
7. When the withdrawal is correct, the tradesmen must reimburse
the consumer enter 30 days from the received communication of
refusement.
8. When the consumer can benefite of a credit, the tradesmen
or your delegate must be refound enterely the consumer.
Art.6 - Execution of Contract.
1. The tradesmen must execute the order in 30 days from the
submission by the consumer. 2. In case of failure of order by
the tradesmen, its must refound the consumer like in Art.4,
comma 1, and proceed to remboursement.
Art.7 - Exclusions.
1. The Art. 3, 4, 5 and the comma 1 of Art. 6 aren't applied:
a) contracts about fournishment of food-stuffs, beverage or
other similar goods;
b) contracts about fournishment of touristical services, transportations,
restorations or similar.
Art.8 - Payment Throughout Card.
1. The consumer can pay with card (when this payment are foreseen),
like in Art.3, comma 1, letters e), of present Law.
Art.9 - Supplying not Request.
1. Is forbidden the supplying not request by the consumer.
2. The consumer can refuse any payment about supplying not request.
Art.10 - Limitations about any Technical Communication to
Distance.
1. The tradesmen can utilizer phone, e.mail or fax. 2. Different
technical approach to consumer are valid only previously submission
of the consumer.
Art.11 - Rights of Consumer are forever Guaranteed.
1. All the rights of consumer are forever guaranteed. Are invalid
any other limitation.
2. When the parts according a different law (different from
this italian law), they must specify a different terms of contract.
Art.12 - Sanctions.
1. The tradesmen that not respect these law (Art. 3, 4, 6, 9
and 10) have a administrative sanction from one till ten millions
of italian liras.
3. The sanctions are applied with the Law 24 november 1981,
n. 689, after the certification from police like in the Art.
13 of Law 24 november 1981, n. 689, about certification of violations.
The report preview by Art. 17, Law 24 november 1981, n. 689,
is presented to local authority.
Art.13 - Collective Actions.
1. In relation by disposition of this Law, associations of consumer
can promote legal action against the tradesmen like in Art.
3 Law 30 Jule 1998, n. 281.
Art.14 - Law-Court.
1. The Law-Court choised is only define by the consumer.
Art.15 - Finally and Transitory Dispositions.
1. The contract must make referring to present law. |
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To
contact La Bottega di Comacchio
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La Bottega di Comacchio S.a.s. di Fantinuoli Anna. Main Office:
Via Pescheria, 3 - 44022 Comacchio (FERRARA) Italia. Iscrizione
al Registro Imprese di Ferrara N°124027. Partita IVA 00976520387.
Telephone and Fax ++39.(0)533.313.040. |
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