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Language : ITA | ENG

CONDITIONS OF SALE FOR ONLINE WEBSITE PURCHASES ON WWW.ECHARME.IT

ECHARME s.r.l., with Legal Headquarters in Sorbara di Bomporto (MO), via Giacomo Brodolini 18/20, registered at the Chamber of Commerce of Modena, under company no. 403739 of the Registry of Businesses, VAT no. 03363301205, certified email address echarme@legalmail.it, Tel. 051 082 8190, Fax 051 0822709, grants all users the ability to purchase Products offered by it on the Internet through its website www. ECHARME.it (hereinafter “Website”), where ECHARME is the sole and exclusive owner.

1.

GENERAL NOTES

These General Conditions of Sale (“General Conditions”) are governed by the Consumer Code (Legislative Decree No. 206/2005 and s.m.) and by the rules on electronic commerce (Legislative Decree No. 70/2003 and s.m.) and apply exclusively to distance sales via the web of Products displayed on the website www. ECHARME.it, where the “Add to Cart” button is present. In case of variation to the General Conditions related to the purchase order, as specified in articles 2 and 4 of the present General Conditions (hereinafter “Purchase Order”), the laws published at the time the Order was shipped will apply. The terms “Purchaser” or “Customer” apply to both the Consumer as a natural person completing the purchase who is buying for reasons not applicable to a commercial activity or professional activity carried out by the Professional as defined in article 3 of the Consumer Code. The terms “Manufacturer, Intermediary or Supplier” refer to ECHARME s.r.l.

2.

OFFER TO THE PUBLIC

2.1

The Products and their relative prices, as present on the Website, constitute an offer to the public in accordance with the methods specified in the General Conditions and on the Website itself. The conditions of this offer only apply to the purchases made on the Website indicated above. The purchase contracts stipulated on the Website and concerning the Products (hereinafter “Contracts”) are concluded with ECHARME s.r.l.

2.2

The Products referred to in the above paragraph are illustrated on the website: www.ECHARME.it.

3.

CONTRACT STIPULATION

The Contract between ECHARME and the Customer is concluded exclusively through the Internet with the user’s access to www.ECHARME.it, where, following the procedures indicated in the “Frequently Asked Questions – Orders” section, or by visiting: https://www.echarme.it/it/faq.html, the Purchaser will be able to formalize the purchase of the goods.

4.

CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

4.1

The purchase Contract is completed through the exact compilation of the order form and the consent to the purchase manifested via the adhesion sent online, preceded by the visualization of a confirmation web page and printable order summary containing the details of the orderer and order, the price of the purchased good, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the times and conditions of the delivery and the existence of the right to withdraw, and the General Conditions of Sale. The purchase Contract is deemed concluded between ECHARME and the Customer at the moment ECHARME receives the order. In this case ECHARME will send an email confirming the order to the email address communicated by the Customer containing the order number, the information related to the orderer and the order, the price of the purchased good, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the times and conditions of the delivery and the existence of the right to withdraw, the General Conditions of Sale and any special conditions applicable to the individual order determined as a result of specific requests of the Customer.

4.2

To proceed with the purchase Order, the Customer may alternatively choose the following procedures: a) if the customer is already registered on the Website, it will be sufficient to enter login credentials (username and password) by entering them in the section “Login | Register”, “Login with Facebook”, “Login with Email”.

b) If the Customer is not already a registered user it will be sufficient to enter the required data necessary to make the purchase, by accessing the “Continue without Registration” option. ECHARME s.r.l. will remind the Customer they can become a registered user at any time, prior to the purchase, by completing the online registration available on the page “Login | Register”. The Customer correctly concludes the Purchase Order if the Website does not display any error message (the system cannot detect errors in reference to the data entered by the Customer in the fields dedicated to billing and shipping addresses, telephone numbers, personally identifiable data, and possible VAT numbers or tax codes).

4.3

The contract will not be considered concluded and effective between parties in the case of defect to what is indicated in the previous section.

4.4

ECHARME s.r.l. gives Customers the opportunity to use the telephone support line, free of charge, provided by ECHARME personnel, to help with the definition and completion of their Purchase Order. To take advantage of this service, the Customer can contact the following number 051.0828190.

5.

METHODS OF PAYMENT AND REIMBURSEMENT

5.1

Payment of the Order may be made either by cash on delivery at the moment the Product is delivered by the carrier in charge or at the time the online order is forwarded to ECHARME, following instructions for making payment as shown on the web page. By choosing to pay with Credit Card or via PayPal, the Purchaser will make the transaction automatically upon the confirmation of the order.

5.2

For online payments ECHARME has chosen the PayPal electronic payment circuit and other Credit Cards belonging to the Maestro, Visa, Visa Electron, Mastercard and Postepay circuits. In the case of payment through PayPal, the transaction is made directly on PayPal’s secure server and at no time during this process will the Seller be able to see the Customer’s Credit Card number, as this number will be forwarded directly to the banking service provider through a secure connection. In the case of payment by Credit Card, the Customer will be redirected onto Gestpay’s secure server. Specifically, all related credit card information will be forwarded directly to the bank processing the payment via a secure connection. In no case will the Seller be able to visualize the Purchaser’s Credit Card data. In both cases ECHARME s.r.l. is not responsible for any fraudulent or third party illegal use of credit cards used at the time of payment for the products purchased. In order to better protect the Customer and ECHARME s.r.l from fraudulent transactions, the latter reserves the right to request, when appropriate, additional personal data (copy of identity card, etc.)

5.3

Any refund to the Purchaser will be credited by one of the methods proposed on the Website by the Supplier and chosen by the Purchaser, in a timely manner, and in case of exercise of the right to withdraw, as governed by clause 14 of the present contract, at least within 14 days from the date on which the Supplier became aware of the withdrawal.

6.

METHODS, TIMING AND DELIVERY COSTS

6.1

ECHARME s.r.l. will deliver the products selected and ordered through especially appointed, specialized carriers. At the time of delivery, the presence of the Customer or a trusted person, is required to check that the packaging is intact and that the Products received correspond to what is indicated on the order. In case of visible defects, such as incorrect quantities and/or incorrect product and non-integrity of the packaging, ECHARME s.r.l. asks the Customer, or the person of trust, to report the aforementioned anomalies on the transport document by withdrawing the goods with “Reserve of Control” and contact ECHARME s.r.l. by email at info@echarme.it.

Orders are sent via Express Courier to guarantee Customers speed and reliability in delivery, which can be:

- standard: shipping costs amount to euro 4,90 for orders whose value is lesser than or equal to euro 89,00. For orders above this cost, shipping is free;

- by appointment: shipping by appointment allows for arrangement with the courier on timing of the receipt of the package and has an additional cost of euro 4,50 which will be applied both in the cases where the value of the merchandise is above euro 89,00 and in those where it is below.

- priority: the service has a cost of euro 7,70 and provides for the delivery within one working day following the Order if the order is sent to ECHARME by 16.00 of that current day. Direct shipments to Sardinia, Sicily, Calabria, the lower islands and disadvantaged areas are delivered within the second working day following the delivery of the package to the Courier.

In the event where ECHARME s.r.l. has not carried out the shipment within said period of time, the Purchaser can invite them to make the delivery within an additional period of time appropriate to the circumstances. In case of non-delivery within said additional term, the Purchaser will have the right to terminate the contract and be reimbursed without undue delay, the entire amounts paid in execution of the contract.

ECHARME s.r.l. will send the Customer an email which notifies the delivery of the package has been made to the Courier and allow the Customer to check the delivery status through a tracking number (or shipping code) or contact the Courier directly to verify the status.

6.2

Delivery times throughout Italy can vary between one between one day following the order to a maximum of 5 business days from the conclusion of the contract. During the holidays deliveries may be delayed due to high shipping traffic. Regardless, deliveries are guaranteed within 7 business days.

To better protect the Customer, if the transaction is made by Credit Card, they may be asked to provide further documentation in order to exclude identity theft, phishing, etc. and thus avert fraud. In such cases, ECHARME will not be held responsible for the extension of the Order timing.

6.3

Delivery costs are charged to the Customer and adequately highlighted in art. 6.1 and detailed in the Purchase Order and in the subsequent Order of Confirmation.

Any storage costs of the Products in stock will be charged to the Customer unless the deposit was necessary by fact and not attributable to the Customer.

7.

PRICING

7.1

All sales prices of the products displayed and indicated on the ECHARME Website are listed in euros.

7.2

The sales prices, referred to in the previous point, include VAT and any other applicable tax. Shipping costs and any additional charges, if any, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Purchaser and also contained in the summary web page where the order is placed.

7.3

The total price relating to the purchase of the goods covered by the present contract is reflected in the confirmation of the order sent by email.

8.

PRODUCT AVAILABILITY

8.1

The Products for sale on the Website are available to be shipped in just a few minutes. Through the telematic system used, ECHARME s.r.l. ensures processing and execution of orders without delay. For this reason, it indicates in real-time, in its electronic catalog, the availability or unavailability of products, as well as shipping times.

8.2

If one or more products are not available, the Purchaser can select the “Notify me when available” icon and be notified by email of the reassortment of the product(s).

8.3

ECHARME s.r.l.’s system is programmed to confirm the registration of the order as soon as possible, forwarding the confirmation by email, according to point 4.1.

9.

LIMITATIONS ON LIABILITY

9.1

ECHARME s.r.l. assumes no responsibility for disservices due to force majeure in case it fails to execute the order within the time stipulated in the contract.

9.2

ECHARME s.r.l. cannot be held liable to the Purchaser, except in the cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to Internet usage outside of its control or of that of its sub-suppliers.

9.3

Furthermore, ECHARME s.r.l. will not be liable for damages, losses and costs incurred by the Purchaser as a result of non-execution of the contract due to causes non-attributable to ECHARME s.r.l., since the Purchaser is only entitled to the full refund of the price paid and any related charges incurred.

9.4

ECHARME s.r.l. does not assume any responsibility for any fraudulent and illegal use that may be made by third parties, credit cards and other payment methods, upon payment of the products purchased, if ECHARME s.r.l. proves to have taken all possible precautions based on the best available information and technology of the moment and on the basis of ordinary diligence.

9.5

Under no circumstances can the Purchaser be held liable for delays or errors in payment if the Purchaser proves he has made the payment in the time and manner indicated by ECHARME.

10.

DEFECTS LIABILITY PERIOD, PROOF OF DAMAGE AND COMPENSATORY DAMAGES: SUPPLIER’S OBLIGATIONS

10.1

Pursuant to articles 114 and further of the Consumer Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the damaged person of the identity and domicile of the producer or of the person who supplied the good, within three months of the request.

10.2

The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the viewable offer of the product if it still exists.

10.3

ECHARME s.r.l. cannot be held responsible for the consequences derived from a defective product if its defect is due to the conformity of the product to an imperative legal rule or binding provision, or rather, if the technical information and knowledge available at the time the manufacturer put the product in circulation did not allow the product to be considered defective.

10.4

No compensation will be due if the damaged person has voluntarily exposed himself to the product despite being aware of the product’s defect and the danger that derives from it.

10.5

In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.

10.6

The injured person can claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use, or consumption, and thus mainly used by the injured party.

10.7

The damage to things referred to in art. 123 of the Consumer Code will be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (euro 387,00).

10.8

The risk of loss or damage to the purchased goods is transferred by ECHARME s.r.l. to the Purchaser when the latter, or a third party designated by him and different from the carrier, acquires physical possession of the goods. The risk is also transferred to the Purchaser upon the delivery to the carrier if the Purchaser has instructed the carrier to transport the goods and the chosen and the chosen carrier was not propositioned by ECHARME s.r.l., without prejudice to the Purchaser’s rights towards the carrier.

11.

LEGAL GUARANTEES

a.

Legal Guarantee for the Consumer: The Consumer, as defined in art. 3 of the Consumer Code (Legislative Decree 6 September 2005 n. 206) has the right to avail itself of the legal guarantee provided by the Consumer Code in accordance with articles 128 to 132. ECHARME s.r.l. will respond to any non-conformities within the period of two years from the delivery of the goods. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use where goods of this type are normally used; b) comply with the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; c) they present the usual quality and performance of a good of the same type which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made by the seller, producer or his agent or representative, in particular contained in advertising or labeling; d) they are suitable for the particular use intended by the consumer, which has been brought to the attention of the seller at the time of conclusion of the contract that the seller has accepted as conclusive facts. The Purchaser loses all rights if he does not report the non-conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. In any case, unless there is proof to the contrary, it is presumed that conformity defects occurring within six months from delivery of the goods already existed at that time, unless this theory is incompatible with the nature of the goods or the nature of the non-conformity.

In the event of non-conformity, as an alternative without charges, the Purchaser may request the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively expensive to the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

The request must be sent in writing, by a registered letter with acknowledgement of receipt or by PEC to echarme@legalmail.it to ECHARME s.r.l, who will indicate its willingness to process the request, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, if the Purchaser’s request was accepted, ECHARME s.r.l. must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point, or finally, if the replacement or repair previously carried out has caused considerable inconvenience to the Purchaser, he may request at his choice, a reasonable reduction in price or termination of the contract. In this case the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed, or the reasons that prevent him from doing so, within seven working days of receipt of request. In the same communication, where ECHARME s.r.l. has accepted the request of the Purchaser, ECHARME s.r.l. must indicate the proposed reduction in price and the methods of returning the defective goods. In such cases, ECHARME s.r.l. will re-credit the sums paid by the Purchaser using the method used at the time of purchase and in the case of payment by cash, it will be by bank transfer. In the event of replacement or repair of the Product, the terms of the Product Warranty given in replacement or resulting from the repair are the same as the original product. The two-year total duration of the legal guarantee will in any case start from the delivery of the Product. In order to be able to use the Warranty, we recommend that you show the purchase document.

b.

Legal guarantee for the Commercial Client (non-consumer): The Commercial Client, as defined in art. 3 of the Consume Code, has the right to use the legal guarantee provided by the Civil Code. This Guarantee provides, additionally, that the Commercial Client, under no penalty of forfeiture, report to ECHARME s.r.l. any non-conformity found in the product purchased within 8 (eight) days of discovery. The above Legal Guarantee is valid for a maximum of 12 (twelve) months from the delivery of the product. Following this deadline, ECHARME s.r.l. will not be responsible for any non-conformity found by the Commercial Client. In order to be able to use the Warranty, it is recommended to show the purchase document.

12.

PURCHASER’S OBLIGATIONS

12.1

The Purchaser shall pay the price of the good purchased in the times and methods indicated in the Contract, expressly acknowledging that the order implies the obligation to pay.

12.2

The Purchaser agrees, once the online purchase procedure is completed, to be responsible for the printing and preservation of the relevant contract.

12.3

The information contained in the contract has been, moreover, already been viewed and accepted by the Purchaser, who acknowledges it as a mandatory step prior to the confirmation of purchase.

13.

RIGHT OF WITHDRAWAL

13.1

The Purchaser has the right to withdraw from the contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the purchased good. The withdrawal communication must be made by registered letter with acknowledgement of receipt or by PEC, or by fax or email, provided it is confirmed by registered letter with acknowledgement of receipt or PEC within 48 (forty-eight) hours.

13.2

In the event that ECHARME s.r.l. has not fulfilled its obligations to provide information on the existence, methods and timing of the return or withdrawal of the good, in the case of exercising the right to withdraw pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months and runs from the end of the initial withdrawal period.

13.3

If, within 12 (twelve) months from the date referred to in point 13.2 of this contract, ECHARME s.r.l. provides the Purchaser with information on the existence, method and timing of the return or withdrawal of the goods, in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the withdrawal period expires 14 (fourteen) days after the day on which the Purchaser receives the information.

13.4

In the event that the Purchaser decides to exercise the right of withdrawal, he must use the appropriate form available at www.ECHARME.it or give further explicit notice to ECHARME s.r.l. by sending a registered letter with acknowledgment of receipt to the registered office in Sorbara di Bomporto (MO), via Giacomo Brodolini 18/20, or by fax to 051 0822709 or by email to info@echarme.it, provided that such communications are confirmed by sending a registered letter at the above address or by PEC to echarme@legalmail.it within 48 (forty-eight) hours. The stamp affixed by the post office on the issued receipt will be considered authentic. For the purposes of exercising the right of withdrawal, the sending of communication may be validly replaced by the return of the purchased good, provided that they are in the same terms. The delivery date to the post office or to the forwarder will mark the validity between parties.

13.5

The return of the goods must take place no later than 14 (fourteen) days from the date on which the decision to withdraw from the contract was communicated to ECHARME s.r.l. To be entitled to a full reimbursement of the price paid, the goods must be returned intact and in a normal state of conservation.

13.6

The Purchaser cannot exercise the right of withdrawal for any goods whose package was originally sealed and has been opened, nor for any goods made to measure or that have clearly been personalized, and finally, for any item that by nature cannot be re-sent in the mail as it risks deteriorating or changing rapidly.

13.7

The only expenses payable by the Customer to participate in the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to absorb them.

13.8

ECHARME s.r.l. will refund free of charge the entire amount paid by the Purchaser, including delivery costs within the term of 14 (fourteen) days from receipt of the notice of withdrawal, using the same payment method used by the Purchaser. The refund will be arranged only on condition that the returned goods are intact, unused and in their original packaging. If not, the product will be returned to the Purchaser at his own expense.

13.9

Once the Purchaser has communicated and exercised his right of withdrawal, the parties of the contract are released from any reciprocal obligations, with exception to the above points mentioned in this article.

14.

RESOLUTION CAUSES

14.1

The obligations referred to in paragraph 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of payment that the Purchaser carries out, referenced in art. 5.1 and 5.2, plus the exact fulfillment of obligations assumed by the supplier in point 6, are essential, and by express agreement, the non-fulfillment of just one of these obligations, if not caused by a fortuitous event or force majeure, will result in the legal resolution of the contract pursuant to art. C. 1456, without the need for a judicial decision.

15.

PROTECTION OF DATA PROCESSING AND CONFIDENTIALITY

15.1

ECHARME s.r.l. protects the privacy of its Customers and ensures that the processing of data complies with the provisions of privacy legislation pursuant to Legislative Decree, 30 June 2003, n. 196 and Reg. UE n. 679/2016.

15.2

Fiscal and personal data directly acquired and/or through third parties by ECHARME s.r.l., the data controller, are collected and processed in paper form, by computer, telematically, in relation to any processing methods whose purpose is of registering the order and activating against the procedures for the execution of the present contract and related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow for the effective management of business relationships to the extent it is necessary to best perform the requested service (art. 24, paragraph 1, letter B, of Legislative Decree No. 196/2003).

15.3

ECHARME s.r.l. holds itself accountable to treat data and information transmitted by the Purchaser with confidentiality and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected, and finally not to transmit it to third parties. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law.

15.4

Personal data will be communicated, after signing an agreement of data confidentiality, only to those persons delegated to perform the activities necessary for the execution of that contract and communicated exclusively for that purpose. 

At present, ECHARME s.r.l. communicates customer data to:

  • BRT Corriere Espresso Company, residing in Milan, Piazza Diaz n. 7, VAT No. 04507990150, who handles the necessary data to perform shipping activities, delivery, and returns of products purchased on the ECHARME s.r.l. Website;
  • 7Pixel s.r.l., with registered office in Via Felice Casati 1/A, 20124. Milan, VAT No. 03386810968, who requires customer data for the management of comments within the Trusted Program service offered on their website www.trovaprezzi.it
  • Criteo SA with registered office at 32 rue Blanche, 75009 Paris, France, Registration No. 484 786 249, for the purpose of creating personalized advertisements through “Criteo Dynamic Retargeting” and “Criteo Sponsored Products”. Complete information available at: https://www.criteo.com/privacy
  • Idealo Ritterstraße, a company with registered office at 11, 10969 Berlin, Germany, VAT ID No.  DE813070905, who uses the provided data for the sole purpose of constructing sales reports on sales made using the platform.
  • Zoorate S.r.l with headquarters in Via Sassari 3 – 09123 Cagliari (CA), VAT No. 06815170961, who deals with the management of comment data both on the activity level and on individual products via the Feeday service
  • Google for

  • Anti-robot instrument reCAPTCHA (I am not a robot)
  • Data collection for statistical purposes only and internal company analysis using Analytics
  • Creation of advertising campaigns plus personalized and generic ads using the AdWords channel

  • BlueKnow S.L., located at C/Zamora 46-48 3o4a - 08005 Barcelona, CIF: B65225765, who processes data for reporting purposes exclusively for the BlueCart, BlueBox, and BlueRec tools to analyze user behavior in order to provide the service of Auto Shopping Cart compilation via email, Dynamic recommendations based on Customer interests and personalized discount offers.
  • Clerk.io found in ApS Kigkurren 8G, 2. sal 2300 Copenhagen, Denmark, VAT: DK-33952848, who deals with collected data to measure:
  • Page views
  • Visualized content through Clerk.io
  • Number of clicks on content published using Clerk.io
  • Products inserted in shopping cart or present in the orders
  • Your email address and order number are provided for the sole purpose of building sales reports of sales made using the platform
  • Netaffiliation a Kwanko brand, office located at 60 boulevard du maréchal Joffre 92340 Bourg la Reine – France, who processes the data for the publication of advertising campaigns and personalized ads as well as generic half banners/discount codes.
  • alla Società Kelkoo (ancora da sottoscrivere)

15.5

The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely the right to obtain:

a) updates, rectification, or when interested, the integration of data;

b) the cancellation, transformation to anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data was collected or subsequently processed;

c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, including in regard to content, to those whose data has been communicated or disseminated, with exception to cases in which this fulfillment proves impossible or involves use manifestly disproportionate means to protect the right.

The interested party also has the right to object in whole or in part:

i) for legitimate reasons regarding the processing of personal data concerning him, even if pertinent to the purpose of the collection;

ii) to the treatment of personal data concerning him for the purposes of sending advertising or direct sales material, or for carrying out market research or commercial communication.

15.6

The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing to do this, the Purchaser’s request cannot be carried out.

15.7

In any case, acquired data will be kept for a period of time not exceeding what is necessary for the purposes for which it was collected or subsequently processed for. Removal will be done in a secure manner.

15.8

The owner responsible for the collection and processing of personal data is ECHARME s.r.l. to whom the Purchaser can direct any request.

The appointed representative for this process is Mrs. Chiara Pellacani.

15.9

Anything that should reach our address, including electronically (requests, suggestions, ideas, information, materials, etc.) will not be considered information and data of confidential nature, must not violate the rights of others and must contain valid information, not harmful of the rights of others and truthful. The responsibility on the content of the messages themselves cannot be attributed to ECHARME s.r.l.

16.

CONTRACT ARCHIVING PROCEDURE

16.1

Pursuant to art. 12 of Legislative Decree 70/03, ECHARME s.r.l. informs the Purchaser that every order sent is stored digitally on the server and at the ECHARME s.r.l. headquarters, respecting confidentiality and security criteria.

17.

COMMUNICATIONS AND COMPLAINTS

17.1

Communications and complaints written to ECHARME s.r.l., with exception to the provisions of the preceding art. 13 “Right of Withdrawal” will be considered valid only if sent by email to the following address info@echarme.it. The Purchaser shall indicate on the registration form, his residence or domicile, telephone number or email address, to which he wishes to receive communications from the Supplier.

18.

DISPUTE RESOLUTION

18.1

All disputes arising from this contract will be referred to the Modena Chamber of Commerce and resolved according to its Conciliation Rules.

18.2

Should the Parties intend to refer to Ordinary Court, the place of jurisdiction will be the place of residence or elected domicile of the Customer, which is binding pursuant to art. 33, paragraph 2, letter U, of Legislative Decree no. 206/2005, or rather, Unfair terms in agreements between a professional and a consumer.

19.

APPLICABLE LAW AND JURISDICTION

19.1

The present contract is regulated by Italian Law.

19.2

Although not expressly provided here, legal norms applicable to the relationships and the cases of this contract are valid, and in particular to art. 5 of the Rome Convention in 1980.

19.3

Pursuant to art. 60 of Legislative Decree 206/05, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/05 is expressly referred to.

20.

FINAL CLAUSE

This contract shall repeal and replace any agreement, understanding, negotiation, written or oral, that was previously engaged in by the parties concerning the subject of this contract.

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