General Conditions for purchasing on Sorrento Mall
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General conditions
These General Conditions (hereafter General Conditions) regard sales and/or services offered on-line through the www.sorrentomall.com Internet site (hereafter Site) of Sorrento Mall s.r.l.. These General Conditions may be modified and/or updated by Sorrento Mall s.r.l. at any time. These General Conditions are governed by Italian law.
INDEX
ON-LINE CONTRACT
'On-line' contract (hereafter 'Contract') means the remote contract covering the sale of goods and/or services stipulated through the Site between Sorrento Mall s.r.l., Head Offices in Via Cesarano n.14, 80067 Sorrento (NA), Italy and administrative Head Offices in Via Cesarano n.14, 80067 Sorrento (NA), Italy (hereafter 'Sorrento Mall s.r.l.'), and a client (hereafter 'Client'). The Client is both the physical person who, in relation to the Contract, acts for purposes not directly related to any professional activity and the corporate body which acts for purposes directly related to a professional activity. The Client assumes every responsibility for any purchases made by third-parties through the utilisation of said data, even when he/she has not authorised such utilisation. Back to the index

PRODUCT PURCHASE PROCEDURES
The product/s (hereafter 'Products') and service/s (hereafter 'Services') offered on the Site through the on-line catalogue (hereafter 'Catalogue') are a public offering as per Article 1336 of the Civil Code and, as such, are valid as a contractual proposal. The Contract is considered signed by means of the exact insertion, by the Client, of the data requested on the Site and subsequent acceptance by the Client of the contractual proposal as per these General Conditions.
The Contract, subsequently signed at 13:00 Italian time, will be considered as implemented on the next day. The Contract signed on a holiday will be considered as implemented on the first subsequent working day.
The products displayed in the Catalogue may be purchased after selection by the Client and their inclusion in the specific shopping basket. Having completed the selection of Products and wishing to proceed with the purchase of those included in the basket, the Client will be asked to indicate through the Site the data required to implement the Contract. In particular, the Client will be asked to indicate, in a specific section of the Site, personal details, his/her e-mail address, his/her home address and the address where the products are to be delivered (if different), and a contact telephone number for confirmation of the Delivery Date for the Products. If the Client opts for payment by credit card, he/she will be directed to the web site of the bank that runs the 'on-line' payment service to communicate personal credit card data through a protected connection which Sorrento Mall s.r.l. itself has no access to. For accounting–administrative purposes, Sorrento Mall s.r.l. reserves the right to verify the general information entered by the Client. Back to the index

SELLING PRICES
The prices on the web site are VAT tax included, but after other-tax. In countries where VAT is not applied, it will not included the tax (art. n. 8 DPR 28/10/1972 n. 633).
At the same time, for customers from a country in the European Community who have the VAT number (business customers), it will not included the VAT rates (art. 41 del D.L. 30th August 1993, N. 331).
In this case we need the customer to register himself on the web site and contact us.

The Client shall also be charged for shipping expenses, displayed prior to signing the Contract and varying in relation to weight, dimensions and destination of the shipment. The Site also offers for sale certain Products which are specifically assembled and/or customised for the Client, the completion of which is subject to prior request by the Client in view of the hand-crafted production and high manufacturing quality of such Products, as well as the specific customisation requested by the Client (hereafter 'Made To Order Products').
By following the indications on the Site, the Client may order Made To Order Products in accordance with his/her specifications.
Unlike other Products, Made To Order Products are subject to particular processing times and, consequently, their Delivery Times, as specifically indicated on the Site, are longer than those indicated in these General Conditions.
There is no right of withdrawal from the Purchase Contract for such Products. Back to the index

PAYMENT
Purchases on the Site are secure and the Client may pay for the products ordered utilising one of the payment procedures indicated on the Site:
  • Credit card payment
  • Paypal payment
  • Advance bank transfer payment
Credit card payment
The following credit cards are accepted: Visa/Visa Electron, Mastercard, American Express and the bancomats of the Maestro circuit.

The 'Credit Card' payments occur by E-shopping Sanpaolo. When you checkout your order, you will directed to the bank secure server, where you can end your payment operations in the safest and simplest way.
When the customer complete the payment, he will receive an e-mail of confirmation by the banck, with the operation number, the ammount of the order and the reference number of the order.

If the Customer decides to cancel his order whether out of his own or non-acceptance of the contracts by Sorrento Mall s.r.l. It may request the cancellation of the transfer of the ammount committed. The release time depends exclusively on the Bank system and they may arrive to their maturity date (24th day from the date of authorization).
Once cancelled the tranfer Sorrento Mall s.r.l. will not absolutely be considered responsable for delays and/or damage accurred by the bank system.

Sorrento Mall s.r.l. will reserrve the decision to require the customer for some more information or the sending of copies of documents which assure the ownership of the credit card used. If the Customer will not give the information required, Sorrento Mall s.r.l. Will reserve the decision to not accept the conclusion of the contract.

In no moment of the purchase procedure with credit card Sorrento Mall s.r.l. Has the possibility to know about personal information regarding the owner of the credit card because theese information are trasmitted directly to the web site of the Bank Institute which runs the transaction. Just the authorization give by the owner of the credit card will arrive to Sorrento Mall s.r.l.
This procedure is absolutely safe and guarantees both the customer and the seller. The crittography system SSL guarantees that nobody can read the information sent by Internet. That is the reason why Sorrento Mall s.r.l. cannot be considered responsible for possible fraudolent uses of the credit cards by third party on payment of the items purchased on the this web site.

Paypal payments
The system of payment Paypal is very used on the Internet and permits a safe payment with credit card by registration of the user to the Paypal system. This service is managed by eBay. The connection to the Bank servers and the privacy of the own information are totally guaranted.

Advance bank transfer payment
In case of payment with advance bank transfer, the items ordered by the Customer will be kept until the receiving of the proof of the occurred bank transfer to be sent to Sorrento Mall s.r.l. Via fax or via e-mail no longer three work days from the sending date of the e-mail of confirmation of the order.

The sending of the order will be only on the real crediting of the sum due on c/c of Sorrento Mall s.r.l. Which will be occur in seven work days from the date of accepting of the contract.
After this time limit, the order will be automatically cancelled.

The reason of the bank transfer must report necessarly the order number to which payment refers.

The bank transfer must be addressed to:
Sorrento Mall srl, Via Cesarano 14 - 80067 Sorrento (NA) - Italy.
Bank name: SANPAOLO BANCO DI NAPOLI

IBAN: IT14 C010 1040 2621 0000 0001 548   BIC: IBSPITNA

Since computerised processes are much faster, Sorrento Mall s.r.l. ensures delivery of Products purchased by means of credit card payment more rapidly than goods paid for with other methods. Therefore, all indications on the Site concerning delivery times and payment procedures for Products refer to payment by credit card unless otherwise stated. Back to the index

METHODS OF CONSIGNMENT & RETURNS
Sorrento Mall s.r.l. will arrange consignment of the Products to the Client by courier and/or specialist shipping agents upon receipt of the purchase price of the Products or upon charging of the sum total against the Client's credit card in the event of payment by credit card, with the exception of those Clients expressly authorised by Sorrento Mall s.r.l. to receive Products prior to completing payment.
The Client may select the place of delivery of the Products.
Product delivery times for private Clients may not exceed those envisaged by Article 6 of the Legislative Decree no. 185 of 1999, that is 30 days, except for Made To Order Products, provided that purchases are effected by credit card.
In the event of Made To Order Products Sorrento Mall s.r.l. undertakes to notify the Client by e-mail of the delivery date of Products.
In the event that the recipient or the person authorised to receive delivery of the products is absent, the courier will contact the Client by telephone at the number indicated on the Site at the time of purchase to agree a new delivery date. If it is impossible to deliver the products on two further occasions within 5 days of the first attempt, Sorrento Mall s.r.l. reserves the right to terminate the Contract by means of e-mail notification to the Client and, in this case will return to the Client the price as paid (less the contribution for shipping expenses and the contribution paid for any duties and/or taxes in the event of international shipments). In this case, the products will be returned to Sorrento Mall s.r.l. sales centres. Whenever so interested, the Client may repurchase the products through sales centres or through the Site by sending a new order.
In the event that the Client, within 3 working days of delivery of the Products, (maximum permitted term), declares, in accordance with the procedure indicate in this General Conditions, the non-conformity and/or defectiveness of the goods as ordered, Sorrento Mall s.r.l. shall arrange under its own responsibility and expense to withdraw and replace them. In this case, Sorrento Mall s.r.l. undertakes to replace the Products in question within 30 days and shall bear all transport expenses.
It is in any case understood that, whenever the Client does not return the Products in the same condition in which they were delivered to him/her by Sorrento Mall s.r.l., that is in a perfect state of conservation, unused, complete with all elements and original packaging and any manuals enclosed, the purchase of the Products shall be considered as implemented and the goods will be returned to the Client.

Delivery of goods
At the moment of the delivery of the goods, Customer have to check that: the number of cartons corrispond to that indicated in the transport document, that the packaging is integral and not opened.

In the case of pilfering, the customer must immediately contest the shipping and/or the delivery writing 'WITH THE RESERVATION OF VERIFY THE GOODS' on the delivery document.

Customer have to report problems within seven days from the delivery of the goods according to the procedure indicated by the currier. Back to the index

RESPONSIBILITY
Sorrento Mall s.r.l. assumes no responsibility for problems attributable to causes of force majeur and/or fortuitous events such as accidents, theft and/or robbery affecting the courier engaged for the delivery of the Products, nor for fires, explosions, strikes and/or lock-outs, wars, earthquakes, floods and other similar events which prevent, in all or in part, the execution of the undertakings envisaged by the Contract in the times and manner agreed.
Sorrento Mall s.r.l. will not be responsible in relation to any party for damages, losses and costs incurred following the non-execution of the Contract arising from the causes listed above, other than the return to the Client of the price paid to Sorrento Mall s.r.l..
Sorrento Mall s.r.l. will also not be responsible for any fraudulent and illicit use by third parties of the Client's credit card, since the transaction is effected through a direct connection between the Client and the Bank. Back to the index

WARRANTIES & ASSISTANCE
The Site offers for sale products of very high quality, for which Sorrento Mall s.r.l. provides a warranty of 12 months from the date of the delivery to the Client, unless otherwise specified in the relevant page of the Catalogue and/or in the certificate of warranty enclosed with the Product. The Client shall have no right of warranty if Product defects are not notified within 8 days of their discovery. Technical assistance under warranty will be provided directly by the manufacturers of the Products, in person or through their service centres, which the Client may contact for every request for work or repair, after having informed the Contact Centre c/o the Site. Such notification must be forwarded by e-mail through the Contact Us section of the Site and must contain at least the following information:
a. Personal data and/or User name of the Client;
b. Product serial Number;
c. Description of the Products;
d. Description of the problem encountered;
e. Type of action requested;
f. Geographical area where action is requested.
Following such notification, the Contact Centre of the Site will provide the Client, in relation to the Products and the faults encountered, with the contact data of the manufacturers or the service centres to be contacted in the geographical area indicated by the Client so that the Client can obtain assistance. The manufacturer of the Products will undertake repair or replacement. In any case, the reference standards and the warranties issued will be those indicated and highlighted by the producer in the certificate enclosed with the Products. Back to the index

CLIENT OBLIGATIONS
The Client undertakes to pay Sorrento Mall s.r.l. the price of the Products purchased in accordance with Item 2 of these General Conditions.
The Client, on completing the purchase, undertakes to print and keep the General Conditions.
To ensure implementation of the purchase of the Products, the Client undertakes to enter true data in the appropriate spaces on the Site and in any subsequent communications. In particular, the personal details entered by the Client must be true personal data and the e-mail address must be the Client's personal e-mail address. Clients are expressly forbidden to effect multiple registrations or input data relating to third parties, unless the latter are the intended recipients of the Products.
The Client undertakes to accept delivery of purchased Products and equally undertakes to ensure that third parties who may be the intended recipients also accept delivery, otherwise Sorrento Mall s.r.l. reserves the right to terminate the Contract in conformity with these General Conditions.
The Client waives Sorrento Mall s.r.l. of every responsibility arising from the issue of erroneous fiscal documents as a result of erroneous data input by the Client, since the Client in person is solely responsible for the correct insertion of such data. Back to the index

AUTHORISATIONS
By issuing personal data at the time of purchase, the Client authorises Sorrento Mall s.r.l. to communicate non-confidential personal data (residence, telephone number) to the couriers and/or specialist shipping agents so that the Products themselves can be delivered. Back to the index

RIGHT OF WITHDRAWAL FROM THE CONTRACT AND EXPRESS RESOLUTION CLAUSE
Sorrento Mall s.r.l. reserves the right to withdraw from the Contract, prior to effecting delivery of the Products to the Client and in any case within 30 days of purchase, by means of e-mail communication to the Client stating adequate and justified reasons. In this case, the Client will have the right exclusively to reimbursement of any sums paid for the purchase of the Products.
The obligations assumed by the Client are essential. Consequently, fulfilment by the latter of even one of these obligations may entitle Sorrento Mall s.r.l. to terminate the Contract as per Article 1456 of the Civil Code, although Sorrento Mall s.r.l. equally reserves the right to take legal action for compensation in the event of further damage. Back to the index
RIGHT OF WITHDRAWAL OF CONSUMER CLIENTS
If the Customer for every reason was not satisfied of the purchase, the consumer client (or a physical person who purchases the merchandise for ends not concerning the own professional activity, or he does not purchase showing in the order form a reference of VAT number) will have the possibility to withdraw the contract with no penalty and without specifying the reason within the term of ten work days from the day of delivery of the products, from services from the day of conclusion of the contract.
Customers who purchase with VAT number may not exercise the right of withdrawal

The Client may exercise the right of withdrawal, within these terms, by notifying the Contact Centre of the Site which, in accordance with Legislative Decree no. 185 of 1999, must be made by e-mail through access to the Contact Us section of the Site and must contain at least the following information:
a.Personal data and/or User name of the Client;
b.Serial N° of the purchased Products;
c.Description of the purchased Products;
d.Reason for withdrawal;
e.Bank data for crediting purchase price.
Following such notification, the Contact Centre of the Site will instruct the Client as regards the return of the Products to Sorrento Mall s.r.l.
In any case, the cost of returning the Products shall be borne by the Client.
The products must be returned in the same condition in which they were received, that is in a perfect state of conservation, unused, complete with all parts and original packaging and any manuals enclosed. It is understood that transport risks for the return of the Products shall be borne entirely by the Client. It is also understood that the Client undertakes to return the Products within the terms notified to him/her by the Contact Centre, which in any case shall not be less than ten working days from the receipt of the Products in accordance with Legislative Decree no. 185 of 1999.
Sorrento Mall s.r.l. will accept delivery of returned Products reserving the right to verify that they are received in the same condition as delivered to the Client. To this end, it is advisable to wrap the original Product packaging with another protective packaging to safeguard its integrity and also to protect it against writing and labels.
Sorrento Mall s.r.l. will reimburse the Client without further charge for the entire sum paid for the purchase of the Products with the exclusion of contributions for transport and the contributions for any taxes/duties within the times envisaged by law. This reimbursement will be made by bank draft to the current account indicated by the Client in the e-mail notification to the Contact Centre, only and exclusively if the Products are returned in conformity with the above.

When the right of withdrawal loses
The right of withdrawal loses totally for the lack of the essential condition of integrity of the goods (packing and/or its contents) in the cases Sorrento Mall s.r.l.verifies:
the use even partial of the goods and possible consume materials; the lack of the esternal and/or of the original inside packaging; the lack of the main elements of the product; the damaging of the product for reasons not regarding the transport.
In these cases Sorrento Mall s.r.l. Will send back to the sender the products purchased charging the delivery costs to the sender. Customers who purchase with a VAT number cannot exercise the right of withdrawal.
The Client may not exercise the right of withdrawal for sealed audio-visual or software products which have been opened. Equally, this right may not be exercised for Made To Order Products or those Products which, by their very nature, are subject to rapid deterioration or alteration. Back to the index
PERSONAL DATA TREATMENT
Sorrento Mall s.r.l. Guarantees that each information given for promotional ends will be treated in conformity to the Decree LGS. 196/2003.
The data of the user given on the subscription of the invoice are excluded from the agreement by the parties concerned because collected on the base of the fiscal/tributary obligations provided for the low and the comunitary regulations and in any case, just to need of the purchase.

Navigation data
We inform you that our web servers register automatically some information about electronic devices used by clients, as the name of your Internet service provider, the Internet page where you are from, the pages visited by you on our web site, the date and the lenght of your visit.

IP addresses
The identification of the IP addresses is necessary to manage our Internet site and particularly to analize and to prevent possible technical problems, of non authorized interferences and/or probable abuses in the use of different services offered in the web site. The IP adresses are not generally connected to information about your person.

Cookies
During the consultation of our Internet site, manu information which permit to identify your computer or browser through files called cookies are collected. Cookies are crypted string which are saved by a web site in the computer of the user in order to permit in a second time a quick identification. These files permit to personalize an Internet site, to provide the user an easier consultation and, thanks to a quantitative verification of the accesses, to the different web pages, a better presentation of the most requested information. Normally the cookies used by us use anonymous information and, for this reason do not permit the treatment of the data about your person. In addition, the cookies can be used to memorize your login data and consequently make automatic your identification and the procedure of inserting user name and password for this reason is not necessary.
You can ask for the deactivation of the cookies in every moment modifying the settings of your browser, but the deactivation may slow the access tosome parts of the site down or block it.

We inform you, in any case, that except the above-mentioned navigation data, we will not collect other personal data except those you will communicate on your registration to the web site, survey or for the correct excecution of a contract.

Personal data
For all legal purposes of the Decree LGS 30th June 2003 nr.196, we infomr you that your personal data personally given by you to Sorrento Mall s.r.l. Will be treated in conformity to the current regulation regarding the protection of the personal data and to the principles of the restrained style of the Society.

Request of cancellation of personal data
The personal data are collected in order to register the client and make active to him all the procedures for the executing of the current contract and all the communications useful to him; the data are treated electronicallyin conformity of the current regulations and they will be showed only on special request of the low authority or similars legally authorized. The party concerned benefits from the rights in the art. 7 decree lgs 196/2003, ie: ask for a confirmation of the existence as Sorrento Mall s.r.l. Of the own personal data, to know their origin, way and ending of their treatment, to ask for their cancellation, transformation in anonymous form or to block them in case of illecit treatment, to oppose to their treatment for any case or in case of using them in order to send advertising material, direct selling and interactive commercial communications. The cancellation of the personal data is submitted to a written communication sent by fax or mail to the Society office.

The only holder and responsible of the collecting and treatment of the personal data is Sorrento Mall s.r.l. Via Cesarano n. 14, 80067 Sorrento (NA), Italy. Back to the index

NEWSLETTER
Sorrento Mall s.r.l. periodically sends to its own users registered on the site, if they demand it expressely, news about the products and the sales promotions via e-mail.

Activation and deactivation of the service
Sorrento Mall s.r.l. Gives the possibility to ask for the deactivation of the own databases of the personal data. To ask for the cancellation of the own data, use one of the following options: To receive our newsletter first register yourself in the site.
To active/disactive the receiving of our newsletter, you have to enter your reserved area and follow the link 'Edit my personal data' you find in the section 'My Sorrento Mall'. Back to the index

UNDERAGE USE
Children under the age of 18 are not allowed to transmit orders via the on-line form unless supervised by an adult. Back to the index

APPLICABLE LAW and COMPETENT FORUM
These General Conditions are governed by and must be interpreted in relation to Italian law. Any controversy concerning the interpretation and execution of these General Conditions will be referred exclusively to the Courts of Napoli.
Whenever the Client can be qualified as a consumer, the competent forum will be that of the place of residence or domicile of the consumer if located in Italian territory.
These General Conditions refer, for all matters not expressly envisaged herein, to the combined effects of Legislative Decree no. 50 of 1992 and Legislative Decree no. 185 of 1999. Back to the index
© 2006 - 2008 Sorrento Mall s.r.l. P.IVA IT05334061214 - R.E.A. 746876 NA. All rights reserved.