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Terms of Service

Terms of service


Legal notice.   The present general conditions regulate distance purchasing through the website accessed via URL of goods and services from a catalogue and/or specific customised purchases requested by clients, where contemplated. These general conditions of sale are drawn up in compliance with Decree Law no.206 (“Consumer Code”) dated 6th September 2005, with particular reference to Section II, and with Decree Law no.70 dated 9th April 2003 implementing the EU Directive on Information Society Services (known as the “E-Commerce Directive”).     1. DEFINITIONS   1.1. For the purposes of the present general conditions the following definitions apply (without distinction between the use of singular or plural):   a) “Linea Comune s.p.a.”: the supplier, on behalf of the Municipality of Florence, of the products and services offered for sale on the website, relative to the merchandising catalogue “Firenze Card”;   b) “Client”: this is the natural person (consumer or professional, as defined below) or legal entity who purchases the products and/or the services on the website by accepting the present general conditions of sale;   c) “Consumer”: the natural person who is acting for purposes which are outside his or her industrial, commercial or craft activity, or profession;   d) “Distance contract”: the contract covering the goods and/or the services offered on the website to the consumer or professional in the context of a system of online marketing organised through the website of Linea Comune s.p.a. which, for this contract, employs one or more techniques of distance communication leading to the conclusion of the contract, including the conclusion of the contract itself;   e) “Parties”: Linea Comune s.p.a. and the Client collectively;   f) “Product/s”: the goods offered for sale on the website and which may be purchased through the website by stipulating the relative distance contract;   g) “Professional”: the natural or legal person who pursues his/her industrial, commercial or craft activity or exercises a regulated profession, or his intermediary;   h) “Service/s”: the services offered for sale on the website, and which may be purchased through the website by stipulating the relative distance contract;   i) “Website”: this is the website owned by Linea Comune s.p.a.;   j) “Technique of distance communication”: any means that, without the physical and simultaneous presence of Linea Comune and of the consumer or professional, might be used to conclude the contract between the said parties, including the Website.   2. SUBJECT.   2.1. The present general conditions of sale regulate the distance contracts stipulated using techniques of distance communication (including online methods, through the Website) between Linea Comune s.p.a. (acting on behalf of the Municipality of Florence) and the Clients and concerning the Products and/or Services offered for sale, in connection with the “Firenze Card” merchandising catalogue. 2.2. The distance contract is regulated by the version of the general conditions of sale current at the time when the order is sent by the Client. 2.3. The operations of purchasing Products and/or Services online and the stipulation of the relative distance contracts are subject to prior acceptance of the present general conditions of sale and to registration by the Client who is making the purchase. 3. INFORMATION FOR CLIENTS. 3.1. Where the distance contract is stipulated between Linea Comune s.p.a. and a consumer Client, in compliance with Art. 52 of the Consumer Code the following mandatory information is given: 3.2. The identity, the registered office and contact details of the provider of Products and of Services offered for sale on the Website are as follows: Linea Comune s.p.a, registered office in Via Reginaldo Giuliani 250, Florence, Italy Tel. +39 055 455871 Fax +39 055 4554312 PEC (certified email system) Tax code and VAT number: 05591950489. The registered office, together with the contact details given in Art. 3.5, letter (a), are to be taken – as also stated in Art. 53 of the Consumer Code – as the address to which the consumer Client may make complaints. 3.3. The essential characteristics of the products and the services are given in relative product descriptions published on the Website – together with photographic images – which the Client can view before making his chosen purchase. These product descriptions or the relative published web pages also contain the following information: a) the price, including all taxes and duties; b) additional expenses and costs for delivery, depending on the means of shipment and delivery offered on the Website and pre-selected by the Client, plus any other elements of additional cost, depending on each case; c) the methods of payment, of delivery of the goods or provision of the service; d) the duration of the validity of the various offers and prices (including in the event of promotional or special sales and/or of discounts applied). 3.4. With reference to the right of withdrawal, please refer to clauses 8, 9, 10 and 11 below. 3.5. In addition to the mandatory information given above, below is given further information required by the Decree Law 70/2003 in favour both of consumer Clients (in this case, integrating those just given above) and of non-consumer Clients (legal persons and professionals): a) details that enable rapid contact with Linea Comune s.p.a. and direct and effective communication, including the electronic mail address: Telephone: +39 055 455871 – E-mail: 3.6. The online publication of the present general conditions and of Article 3 given immediately above are valid as “written confirmation on durable medium” made available to the Consumer Client in compliance with Art. 53 of the Consumer Code. 4. INFORMATION REGARDING THE CONCLUSION OF THE CONTRACT 4.1. Article 11 of Legislative Decree 70/2003 requires all providers of goods and/or services to provide Clients with specific information concerning the conclusion of the distance contract. Below Linea Comune complies with relative mandatory information towards its Clients: 4.2. With reference to the various technical steps to be followed in concluding the contract, a step-by-step procedure is available on the Website, which enables the user, at any time, to verify and then validate all information inserted and to correct errors before temporarily sending the form and right up to the conclusion of the contract. 4.3. With reference to the way in which the Distance Contract, once concluded, is filed and to relative ways of accessing it by the Client, the Client will find the text in his own account area and will receive an e-mail summarising the purchase made and the associated contract concluded.   4.4. With reference to the technical means made available to the Client for identifying and correcting errors of data input before sending the order, the system for concluding the Distance Contract on the Website requires confirmation that data inserted is correct and automatically highlights any errors deriving from omission of mandatory data in the various fields of the online order.   4.5. The languages available for conclusion of the contract, in addition to Italian, are: English.   4.6. With reference to indication of the means of settlement of disputes, please refer to clause 12 below.   4.7. The clauses and the general conditions of the contract offered to the Client are and will always remain available to him/her. They can be saved or reproduced by means of saving the Web page or by using the Copy/Paste option. Moreover, the general conditions of sale are attached to the e-mail of confirmation of receipt of the order, or a link is made available to the Client where he may view and print them.     5. CONCLUSION OF THE DISTANCE CONTRACT   5.1. The Distance Contract with the Client is held to be concluded and binding for the Parties from the moment of receipt on the part of Linea Comune s.p.a. of the purchase order from the registered Client.   5.2. Linea Comune s.p.a. will acknowledge receipt of the order received by sending the order confirmation to the electronic mail address indicated by the Client during the registration phase on the Website. This order confirmation will contain – as required by applicable legislation – a summary of the general and particular conditions applicable to the Distance Contract already stipulated, information relating to the essential characteristics of the goods or the service and detailed information on the price, the means of payment, withdrawal, delivery costs and taxes applicable.   5.3. The order and the receipt are considered as received when the Parties to whom they are addressed are able to access them.   6. DISTANCE CONTRACTS REGARDING CUSTOMISED PRODUCTS OR SERVICES   6.1. The provision of customised Products and/or Services is subordinate to a specific request on the part of the Client, in compliance with the instructions and the conditions published from time to time on the Website. Linea Comune s.p.a. informs Clients that in order to purchase such Products a request may be made for payment in advance as the only means of payment. Moreover, according to current legislation, for such Distance Contracts, the right of withdrawal may not be exercised by the consumer Client.   7. FULFILMENT OF THE DISTANCE CONTRACT   7.1. Unless the Parties agree otherwise, or except in the cases where – with suitable warning – Linea Comune s.p.a. informs the Client of different timing for fulfilling the order received, based on specific requests, the order sent will be completed within a maximum of forty days starting from the day following that in which the Client sent it using the procedure specific on the Website.   7.2. By way of indication – non-binding – delivery times of Products will normally be 15 working days for Italy, 30 working days for Europe and 40 working days for countries not belonging to the European Union. These will run from the 24 hours following the date of confirmation/reception of the order. Again, it should be noted that these timings are indicative and non-binding for Linea Comune s.p.a. At the moment of delivery of the Product to the freight forwarder, delivery company or post office, the risk relating to transport of the Products will pass to the Client.   7.3. Should the order not be fulfilled by Linea Comune s.p.a. due to the unavailability, even temporary, of the Product or the Service requested, within the following thirty days Linea Comune s.p.a. will inform the consumer Client and will:   a) fulfil the order by supplying different goods/services from those agreed, for an equivalent or higher value and quality, if so agreed specifically by the consumer Client in reply to the communication with which Linea Comune s.p.a. informed him/her of the unavailability of the Product or the Service requested;   b) reimburse any amounts already received in payment for the supply, in the event that the consumer Client does not intend to accept a supply different from the one agreed, of equivalent or higher value and quality.   8. EXCLUSION OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT 8.1 As products that are made to measure and/or customised are involved, in compliance with Art. 55 of Decree Law no.206/2005 (Consumer Code), the right of withdrawal does not exist, instead the following dispositions apply. 8.2 Exclusively in only those cases where the Distance Contract has been concluded with a consumer Client, and in the event that the product purchased is found not to conform to that agreed on in the Distance Contract and on the basis of the contents of Art. 129 of the Consumer Code, the consumer client may take advantage of the following rights of guarantee. 8.3 In the case of lack of conformity of the product, the consumer Client has the right to replacement free of costs, after returning the item to Linea Comune s.p.a. at the cost of the consumer Client. 8.4 The consumer client may request Linea Comune s.p.a. to replace the non-conform product within a period of two months from the date of shipment of the product itself, by means of written communication to the registered office of Linea Comune s.p.a.   8.5 A very slight defect of conformity, for which it was not possible or was excessively costly to provide a replacement product does not give the right to terminate the contract.   8.6 The consumer Client may not take advantage of the rights mentioned in the present clause if he/she does not report the defect of conformity of the Products to Linea Comune s.p.a. within two days from the date of shipment.     9.  APPLICABLE LAW AND JURISDICTION   9.1 The contract has been drawn up and will be interpreted in conformity with the laws of the Italian Republic.   9.2 The Parties agree that the application to the present contract of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.   9.3 For civil disputes deriving from the Distance Contract the territorial jurisdiction belongs to the judge in the place of residence or domicile of the consumer, if located in the territory of the State.   9.4 In all other cases, the exclusive jurisdiction of the Court of Florence, Italy, will apply.   9.5 With reference to possible alternative means for the settlement of disputes, Clients should note that currently no alternative means and/or procedures are allowed.