TERMS of sale
GENERAL CONDITIONS OF SALE
1) Selective distribution.
1.1. UDACITIES, individual firm of Anna Paola Di Risio, based in Via Massimi 154, Roma and registered in thel” Registro Imprese di Roma”, n. 1490348, Partita IVA 13982431002, Segnalazione Certificata d'Inizio Attività a Roma Capitale, relativa a COMMERCIO ELETTRONICO - S.C.I.A. CQ/2016/87633 (telefono 06 5800868 cellulare +39 3201175738, e-mail firstname.lastname@example.org) (henceforth the “Seller”), adopts a system of selective distribution with regards to the sale of goods distinguished by the brand names and logos owned by the Seller (henceforth the “Brands”), in order to protect its own interests and those of purchasers, thanks to controlled communication and a thorough information service for its clients.
1.2. Given the above-mentioned commercial reasons and on the basis of criteria unilaterally and discretionary determined by the Seller, the latter reserves the right to select the subjects to whom it sells goods distinguished by the Brands (henceforth the “Purchaser or the “Purchasers ”).
1.3. In compliance with the provisions of point 1.2. above, acceptance of an order will not, in any way whatsoever, be considered an obligation for the Seller to sell further goods to the same Purchaser at a later date.
1.4. All purchase contracts relating to goods distinguished by the Brands, concluded at the premises of the Seller, through an agent or procurer or by computerized means, are governed by the present General Sales Terms and Conditions, which are considered accepted in full by the Purchaser at the time of registration and/or at the time of drafting of the purchase order.
2) Purchase of goods.
2.1. Given the particular dynamics and timing of the souvenir market, the purchase contract is deemed concluded with the acceptance, even if only partial, of the order by the Seller.
2.2. The order is considered accepted, without the need to provide written confirmation, with the delivery of the goods indicated in the order, within the limit of the quantities available at the time of completing the order, with the sending of the same to the address indicated by the Purchaser at the time of drafting the purchase order or with the direct and immediate delivery to the Purchaser at the premises of the Seller.
3) Shipment methods and costs.
3.1. With regards to the delivery of goods, both in Italy and overseas, the terms and conditions and methods agreed between the Parties and written on the order or on the front of the invoice apply.
4) Withdrawal and return of goods and relevant complaints.
4.1. Complaints can be made to the Seller for any shortages in or external tampering with the boxes indicated in the invoice and therefore, the consequent shortage of or damage to goods, providing that the same have been notified to the freight forwarder in the transport documents and subsequently confirmed within 8 (eight) days to the Seller.
4.2 Subsequent to the placing of a signature on the document presented by the freight forwarder at the time of delivery of goods, the Seller cannot forward any complaints regarding the external characteristics of what has been delivered.
4.3. Even in the presence of integral packaging, any anomalies or latent faults relating to the goods must be notified in writing to the Seller within 8 (eight) days of receipt by means of registered mail with return receipt.
5) Brand protection.
5.1. The purchase of goods distinguished by the Brands does not authorise the Purchaser to use the Brands themselves, in any way whatsoever, without the prior written authorisation of the Seller to be requested by contacting the following e-mail address
5.2 Any use of the Brands not previously authorised in writing by the Seller will be considered an act of forgery and unfair competition; merely by way of example, without the prior authorisation of the Seller the Purchaser is forbidden to use the Brands on websites, in catalogues or on headed paper or to use them as signs or stickers.
6) Suspension and rescission.
6.1 The provisions of points 1.2. and 1.4. above being understood, the Seller will also have the right to suspend any orders underway and rescind any other relationship due to the fault of the Purchaser, should the same not promptly pay for the goods or breach even just one of the present General Sales Terms and Conditions or should the assets and liabilities and financial position of the same not offer sufficient guarantees of solvency. In the above-mentioned circumstances, the Seller can declare the Purchaser has forfeited the right to the time benefit with regards to any sums due, the right to compensation for damages being understood.
Payments for the goods indicated on the order or the invoice must be made at the time of delivery or withdrawal of the goods, unless otherwise agreed between the parties.
8) Prohibition of exclusivity.
8.1. In compliance with the provisions of points 1.2. and 1.4. above, acceptance of the order does not imply the granting of territorial exclusivity for the Purchaser.
9) Election of domicile.
9.1. For the purpose of communications and notifications regarding obligations connected to the present General Sales Terms and Conditions, the Purchaser elects domicile at the address indicated on the order and/or indicated at the time of registration.
10) Jurisdiction, competent court, applicable law.
11.1. All contracts disciplined by the present General Sales Terms and Conditions are exclusively governed by Italian law and exclusively subject to Italian jurisdiction.
11.2. For any controversy relating to or connected with the interpretation, application and execution of the present General Sales Terms and Conditions the only competent court is the Court of Rimini.
12.1 With regards to the details provided by the Purchaser at the time of registration and/or filling in the order and collected and processed by the Seller, the latter declares processing personal data in conformity with the provisions of Legislative Decree no. 196 dated 30.06.2003 (Privacy Protection Code) and European Community Directive 95/46/ EC regarding personal data protection.
12.2 In providing its personal data to the Seller, the Purchaser assumes the responsibility of truthfulness and correctness, undertakes to update the same and agrees to its processing and storage, authorising its relevant communication to third parties whenever this should prove necessary in order to execute the contracts disciplined by the General Sales Terms and Conditions or whenever requested by the competent authorities.
12.3 The Purchaser also authorises the Seller to communicate the data provided to subjects that are part of its chain, in order to add them to in-house newsletter and mailing lists, designed to inform the Purchaser regarding promotions, new products and initiatives promoted by the Seller.
12.4 The Purchaser declares having read and accepted the above information and having granted its authorisation to its relevant processing, it also declares being aware of its relevant rights. The Seller declares that failure to provide authorisation would make it impossible to fulfil obligations regarding the supplies requested by the Purchaser.
12.5 In compliance with Legislative Decree no. 196/2003 and European Community directive 95/46/EC regarding personal data protection, the Purchaser has the right to access its data in line with the methods provided for therein and also has the right, at any time, to request the free updating, modification, integration and/or cancellation of data or the revocation of authorisation regarding the inclusion of the above-mentioned data on newsletter and mailing lists by simply writing to the following e-mail address:
13) Modification to the present terms and conditions.
13.1. The General Sales Terms and Conditions contained in the present document can be modified unilaterally by the Seller at any time, without written notice, and will be valid from the date of publication on the Seller’s official website in printable format.
13.2 In line with the provisions of point 1.2. above, the Seller, at its own discretion and in writing, can grant certain Purchasers particular sales terms and conditions that will prevail on the General Sales Terms and Conditions in the event of disagreement.