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Terms and conditions of sale

Online Sales Contract – www.cncontinental.it

Identification of the Supplier
The goods covered by these general conditions are offered for sale by Cn Continental s.r.l. with registered office in S.S. 35 dei Giovi, 41/a, 15057 Tortona , (AL) ITALY – P.IVA and CF 01357870060 REA: AL – 155719 hereinafter referred to as “Supplier”.

Art. 1 – Definitions
1.1. The term “online sales contract” means the contract of purchase and sale relating to the Supplier’s tangible movable property, entered into between the Supplier and the Buyer within the framework of a distance selling system through telematic means, organized by the Supplier.
1.2. The term “Purchaser” means the natural person who makes the purchase, referred to in this contract, for purposes not related to the business or professional activity, if any.
1.3. “Supplier” means the entity as identified above or the entity that sells the goods through the website indicated in the following article.

Article 2 – Subject matter of the contract
2.1. Hereby, the Supplier sells and the Buyer purchases at a distance, through telematic means, the tangible movable goods presented and offered for sale at www.cncontinental.it
2.2. The products mentioned in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal that can be reached at: www.cncontinental.it/prodotti

Article 3 – Method of entering into the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet network in remote telematic mode, by means of the Buyer’s access to the web address www.cncontinental.it, where, following the procedures set forth therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article.

Article 4 – Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded following the punctual completion of the registration form by the Buyer – with provision of consent to the processing of personal data, according to the Privacy Policy of the website, through acceptance of the “Terms and Conditions of Sale” – and the submission of the purchase form filled in by the system after the insertion of the selected products in the electronic shopping cart. Before the final submission of the order, the Buyer will be asked to check the contents of the shopping cart, with a summary of the same in which the details of the ordering party and the order, the price of the selected goods, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery and the terms for exercising the right of withdrawal.
4.2. At the moment when the Supplier receives the order from the Buyer, he arranges to send a confirmation e-mail or to display a web page confirming and summarizing the order itself, in which the data recalled in the previous point are also shown.

Article 5 – Method of Payment and Reimbursement
5.1. Payment by the Buyer may be made only by one of the methods indicated in the purchase procedure by the Supplier.
5.2. Any refund to the Buyer will be credited using the same payment method chosen by the Buyer when placing the order.
The Supplier, in the case of exercising the right of withdrawal, will then refund the purchase price immediately after receiving the return of the goods sold and checking the condition of the same. The following conditions apply:

  • should the Buyer exercise the right of withdrawal due to defects or malfunctions of the goods, the Supplier, in full and unquestionable right to request photos and/or other evidence of the actual malfunction of the same, will issue a refund of the order, including shipping costs.
  • If, on the other hand, the Purchaser exercises the right of withdrawal for any other reason, the Supplier, in full and unquestionable right to request reasons for the return and/or propose alternative solutions to the return, will issue a refund retaining the shipping costs incurred.

Shipping costs incurred in returning the goods remain the responsibility of the Buyer.

5.3. All payment-related communications take place using third-party encryption systems placed to protect transactions made (e.g., PayPal payment system).

Article 6 – Time and manner of delivery
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website when offering the goods, as confirmed in the e-mail referred to in section 4.2.
6.2. Shipping times may vary from the day following the day of the order to a maximum of 30 (thirty) days from the confirmation of the order, as required by current regulations. In the event that the Supplier is unable, for whatever reason, to make the shipment within said time limit, it will promptly notify the Buyer by e-mail sent to the address provided by the Buyer during the purchase process.
6.3. At the time of delivery, the Buyer is required to verify that: (a) the number of packages delivered corresponds to what is indicated in the transport document attached to the shipped goods; (b) the packaging is intact and unaltered including the closing tapes if any.
In the event that the delivered goods show any damage allegedly caused by transportation, the Buyer may refuse delivery and immediately notify the Supplier, who will make the appropriate disputes to the shipper, arranging for a new shipment upon receipt of the redelivery of the disputed goods.
In the event that the customer still decides to accept the goods on delivery, despite the packaging is severely damaged and / or tampered with, in order to safeguard their rights must challenge the courier the unsuitability of the package, affixing the words “RESERVE TO CHECK GOODS BECAUSE OF …” (indicating the reason behind the reserve in question) on the delivery document, of which it must retain a copy.

Article 7 – Prices
7.1. All product selling prices are given at the web address www.cncontinental.it/prodotti, are expressed in euros and constitute an offer to the public in accordance with Art. 1336 c.c..
7.2. The sales prices in the preceding paragraph are not inclusive of VAT and any other taxes. Shipping costs and ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the submission of the order by the Buyer and contained in the order summary web page, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3. The prices listed against each of the goods offered to the public are valid until the date indicated in the catalog. Any promotional offers are specifically indicated and marked within the site as “promotional offer,” “promoted product,” or by equivalent designations.
In spite of all our efforts, we cannot exclude the possibility that for a small part of the hundreds of products in our catalog, a price other than the actual price or a price equal to zero is indicated by mistake. We will in any case check the correctness of product prices during the process of order verification and subsequent product shipment. If, due to misunderstanding or other inconvenience, the price listed on the site is less than the correct sale price of a product, we may contact you to see if you wish to equally purchase the product at the correct price or we may not accept your order.

Article 8 – Availability of Products
8.1. The Supplier ensures through the computer system used that orders are processed and fulfilled without delay. To this end, it indicates in real time in its electronic catalog the number of available and unavailable products, as well as shipping times.
8.2. Should an order exceed the quantity available, the Supplier will, by e-mail, let the Buyer know whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether or not the order is to be confirmed.
8.3. The Supplier’s computer system will confirm in the shortest possible time that the order has been registered by forwarding a summary e-mail to the Buyer, in accordance with Section 4.2.

Article 9 – Limitations of Liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure or fortuitous event.
9.2. The Supplier shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.
9.3. The Supplier shall also not be liable for damages, losses, and costs incurred by the Buyer as a result of failure to perform the contract for reasons beyond its control.
9.4. The Supplier assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with the ordinary diligence required.

Article 10 – Supplier’s Obligations for Defective Products, Proof of Damage and Compensable Damages
10.1. The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the product’s compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
10.2. No compensation will be due if the injured party was aware of the defect in the product and the danger arising from it and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the misuse and/or erroneous use of the purchased goods, external causes (e.g., shocks, falls, etc.), carelessness, and improper use are not attributable to the Supplier’s responsibility.
10.3. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.

Article 11 – Guarantees and Methods of Assistance
11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within the period of 2 (two) years after delivery of the goods.
11.2. The Purchaser shall forfeit all rights if he fails to report the lack of conformity to the Supplier within the period of 2 (two) months from the date on which the defect was discovered.
11.3. In any case, unless there is evidence to the contrary, it is presumed that defects in conformity that become apparent within 6 months of delivery of the good already existed on that date, unless such a presumption is inconsistent with the nature of the good or the nature of the defect in conformity.
11.4. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions set forth below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier. Products that show clear signs of tampering or failure caused by their misuse or by external agents not attributable to manufacturing defects and/or faults are not covered by the warranty.
11.5. The request must be received in writing, by registered mail with return receipt, by the Supplier, who shall indicate his willingness to carry it out – or the reasons preventing him from doing so – within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Purchaser’s request, it shall indicate the method of shipment or return of the goods as well as the expected time limit for the return or replacement of the defective goods.

Article 12 – Buyer’s Obligations
12.1. The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
12.2. The Buyer agrees, upon completion of the online purchase process, to arrange for the printing and storage of this agreement received via e-mail as an attachment to the purchase order confirmation.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges this – prior to confirmation of purchase, through telematic procedures.

Article 13 – Right of Withdrawal
13.1. The Buyer has in any case the right to withdraw from the contract entered into, without payment of any penalty and without specifying the reason, within the term of 30 (thirty) days starting from the date of receipt of the purchased goods.
13.2. In the event that the Purchaser decides to exercise the right of withdrawal must give notice to the Supplier by registered mail with return receipt to be sent to the address S.S. 35 dei Giovi, 41/a, 15057 Tortona, (AL) ITALY – P.IVA and CF 01357870060 REA: AL – 155719 anticipated by e-mail sent to cn@cncontinental.it provided that such notice is confirmed by the sending of the above registered mail with return receipt within the following 48 (forty-eight) hours. The postmark affixed by the post office on the receipt issued will be authentic.
13.3. The return of the goods by the Buyer – under penalty of forfeiture – must take place no later than 30 (thirty) days from the date of notice of withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in their original packaging and without having been used by the Buyer, including a valid and recognizable proof of sale document.
13.4. For the purpose of exercising the right of withdrawal under this Article, the direct costs of returning the goods to the Supplier shall be borne by the Buyer.
13.5. The Supplier will refund the price paid by the Purchaser after receiving the withdrawn goods, subject to the conditions set forth in 13.3 and 5.2 above for the Purchaser to obtain the said refund.
13.6. Upon receipt of the registered letter by which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this article.

Article 14 – Confidentiality Protection and Processing of Buyer’s Data
14.1. The Supplier shall protect the privacy of its customers and ensure that the processing of personal data complies with the provisions of the privacy regulations set forth in Legislative Decree. June 30, 2003, no. 196.
14.2. Personal biographical and fiscal data acquired by the Supplier, the data controller, are collected and processed in the form and manner prescribed by the site’s Privacy Policy.

Article 15 – Communications and Complaints
15.1. Direct written communications to the Supplier and any complaints will be considered only if they are sent by e-mail to the following address: cn@cncontinental.it. The Buyer agrees to indicate on the Web site registration form his or her residence or domicile, telephone number, and e-mail address to which he or she wishes communications from the Supplier to be sent.