01 - IDENTIFICATION OF THE SUPPLIER
01.1 All items subject to these terms are sold by Venicecommerce Srl legally based in Venezia, F.ta Serenella 3 – 30141 Murano island, registered in the Registro delle Imprese di Venezia n. 04063160271, codice fiscale 04063160271, partita IVA 04063160271, REA n. 362252, Internet website www.venicecommerce.com, e-mail: firstname.lastname@example.org, henceforth defined as "Supplier".
02 - DEFINITIONS
Within this document, definitions are defined as follows:
02.1 "Online Sales Contract" means the document for the acquisition of the Supplier's material goods, stipulated between the Supplier and the Buyer in the context of a remote sale through electronic means, arranged by the Supplier.
02.2 "Buyer" means the consumer, physical person who performs the purchase subject to these terms, for purposes not related to any commercial or professional activity performed.
02.3 "Supplier" means the abovementioned entity, namely the entity rendering the service of sale.
03 - SUBJECT OF THE TERMS
03.1 With the Sales Contract, the Supplier sells and the Buyer purchases remotely, through electronic means, the material goods described and offered for sale on the website www.yourmurano.com , registered trademark and owned by the Supplier.
03.2 The abovementioned products are displayed on the website www.yourmurano.com.
04 - MANNER OF CONTRACT STIPULATION
04.1 The contract between the Supplier and the Buyer is finalized exclusively through the Internet by the Buyer accessing the website www.yourmurano.com, where, following the indicated procedures, the Buyer formalizes the proposal for purchase of the goods through the Sales Contract mentioned in paragraph 03.1 of the preceding section.
05 - CLOSING AND EFFICACY OF THE SALES CONTRACT
05.1 The Sales Contract is completed by the correct compiling of the request form and consent to purchase expressed by the approval sent online, namely through the online checkout form at the address www.yourmurano.com/checkout and the successive sending of the same form, after displaying a printable order summary web page, in which are found the details of the buyer, order, price of the purchased item, shipping costs and shipping address to which the item is to be delivered.
05.2 Once the Supplier receives the order from the Buyer, the Supplier will send a confirmation email, or show a printable web page to confirm and summarize the order, in which the information mentioned in the previous paragraph will also be included.
05.3 The Contract cannot be considered complete and efficacious in absence of the forementioned requisites.
05.4 Confirmation and sending of the order by the Supplier assumes the Buyer has read and accepted these general terms of sale. The Sales Contract between the Supplier and the Buyer is considered complete once the order is accepted by the Supplier.
If the Buyer is the final consumer (physical person who purchases the goods for purposes that are not related to professional activity, or carries out the purchase without indicating a VAT number), once the online purchasing procedure is complete, the Buyer will arrange for printing or saving an electronic copy and in any case retain these general terms of sale, in accordance to Italian art. 3 e 4 of D. Lgs. 185/99 on online sales.
05.5 The Buyer waives any right to indemnification or damage compensation, as well as any contractual or extra-contractual responsibility for the failure to accept any part of an order by the Supplier.
Venicecommerce will in no case be considered responsible for the lack of finalization of a contract due to force majeure, client or third-party responsibility.
06 - MODE OF PURCHASE
06.1 The Buyer can only buy goods present in the online catalogue at the moment of order forwarding and viewable at the web address www.yourmurano.com as described in the respective factsheets. The order will be validly processed at the moment of confirmation of item and shipping price charge authorization.
06.2 The image accompanying a product factsheet may not be a perfect representation of all its features. All items offered on YourMurano are produced in Murano and guaranteed by the Mark of Origin Vetro Artistico di Murano. All products are handcrafted and prime production quality. Insubstiantial variations in shape, size, colour and/or small imperfections or tiny air bubbles in the glass are inevitable and are typical of manual production of the glass and characterize handcrafted production.
06.3 All buying support information (Suggestions for Use, Information etc.) is to be considered simply generic informative material, not to be referred to technical features of single products.
06.4 The correct reception of the order is confirmed by the Supplier through an email reply, to be sent to the email address indicated by the Buyer. This confirmation message will include Date and Time of reception of the order and an order number that the Buyer must use in all further communication with the Supplier. The email message will iterate the information entered by the Buyer at time of purchase, the item information and main characteristics, indication of price, payment method, mode and price of shipping and applicable taxes. The Buyer is responsible for verifying their correctness and promptly communicating any corrections, according to the modalities described in this document.
06.5 In the case of failed acceptance of the order by the Supplier, the Supplier ensures prompt reporting to the Buyer, without any obligation to justify the failed acceptance.
07 - PRICES
07.1 All sales prices of the displayed products indicated in the website www.yourmurano.com are expressed in Euro and constitute a public offer according to Italian art. 1336 c.c.
07.2 The sales prices referred to above are inclusive of VAT for Italy and EU countries. The same prices are applied to Extra-European sales, in which case they are not inclusive of VAT. The corresponding amount will in this case be used to partly cover shipping and packing costs.
07.3 Shipping costs, if present, while not included in sale price, must be indicated and calculated during the buying process before forwarding of the order by the Buyer, and must also be iterated in the order summary web page.
07.4 The prices indicated in respect to each item offered to the public are valid until the date indicated at the moment of completion of the order.
07.5 Shipping costs are charged to the Buyer and will appear on the web page after clicking on the button labelled "calculate shipping costs". Before the Buyer confirms the order by clicking on the specific button, the web page will display a summary of all items present in the shopping cart, and shipping costs. This information will then automatically be quoted in the order form that the Buyer sends to the Supplier upon conclusion of order confirmation procedures.
07.6 The Supplier reserves the right to modify prices at any moment, but nonetheless pledges to apply the prices indicated on the website at the time of order placement.
07.7 In the case of a displayed price that is wrong and/or clearly trifling, for any reason (computer bug, human error, technical error…), the order will be cancelled, even in the case of initial validation.
08 - TAXES AND CUSTOMS DUTY
08.1 All shipping within the EU is exempt from taxes and/or customs duty. All other countries are subject to duties which vary according to country and type of item imported. We suggest the Buyer contact the local customs office to know the exact amount. In no case will the cost of possible applicable duties be considered or included in the order. These costs are always to be paid by the Buyer and will be excluded from any amount due to the Supplier.
09 - PRODUCT AVAILABILITY
09.1 The products for sale on www.yourmurano.com are handcrafted products that necessitate, if not already in depot, production times that are typical of artistic glassworks. The Supplier insures processing and conclusion of orders without delay by using the electronic selling platform. For this purpose, the electronic catalogue at www.yourmurano.com lists the products immediately available for shipping and those not immediately available, with estimated shipping times from the moment of order placement.
09.2 If an order should exceed the quantity present in the warehouse, the Supplier will, through email, notify the Buyer if the asset should no longer be available for order, or communicate how long the waiting period will be to obtain the item(s), requesting confirmation or cancellation of the order.
09.3 The Supplier's computerized system will confirm registration of the order as soon as possible through an email confirmation message to the Buyer.
10 - SHIPPING TIMES AND METHODS
10.1 The supplier will arrange for delivery of the selected and ordered products, through the methods indicated on the website at the moment of ordering, as specified at the moment of purchase by the Buyer.
10.2 Shipping times may vary between the same day as ordering to a maximum of 30 business days from confirmation of the order. In the event in which the Supplier is not able to arrange shipment by the abovementioned date, or in any case by the date indicated in the following paragraph, an email notice will be promptly sent to the Buyer.
10.3 Methods, times and prices for shipping are clearly indicated and highlighted in the checkout form and on the order confirmation webpage at time of online purchase finalization by the Buyer.
10.4 The Supplier assumes no responsibility in case of order processing delays or late delivery of purchased goods. Therefore the Buyer waives any right to damage compensation or indemnification, as well as any contractual or extra-contractual responsibility due to delays in shipping and/or delivery, partial or in whole, of an order by the Supplier.
11 - ACCOUNTING DOCUMENTATION
11.1 For every order accepted and carried out, the Supplier issues a receipt (or invoice if the Buyer is not the consumer and has indicated a VAT number in the order) for the items shipped, sending it by email to the purchase account holder, according to Italian art. 14 D.P.R. 445/2000. In the issue of the receipt (and/or invoice), the information entered by the Buyer at time of order will be applied. No modification to the fiscal document will be possible after the official issuing.
11.2 Each order will be accompanied by a packing slip which can be used as warranty proof of validity. Upon special request by the Buyer at the time of ordering, by writing to email@example.com, it may be possible to issue an invoice in place of the packing slip.
12 - VAT REFUND
12.1 Please recall that VAT is not refunded by the Supplier for any purchase made on www.yourmurano.com.
13 - PAYMENT METHODS
13.1 The Buyer may only pay through any one of the methods indicated on the designated web page www.yourmurano.com/pagamenti-accettati by the Supplier. At the time of ordering by the Buyer, the selected banking institution will proceed to authorize the charge of the amount relative to the order charged on the Buyer's credit card.
13.2 At no time during the ordering process is the Supplier able to know any of the Buyer's credit card information. The information is exclusively sent through the secure connection (128 bit SSL cryptography) of the online payment method provided by the banking institution managing the transaction in full. Therefore, the Supplier will in no case be able to visualize nor store this data in any way.
14 - RIGHT OF WITHDRAWAL
14.1 In accordance with Italian d.lgs. 21/2014, if the Buyer is a final consumer (physical person who purchases the goods for purposes that are not related to professional activity, or carries out the purchase without indicating a VAT number), has the right to withdraw from the purchase contract for any reason, with no explanation required and with no penalty, subject to following paragraph 14.2, within 14 (fourteen) business days, starting on the day the item is received.
14.2 In the event the Buyer decides to take advantage of the right to withdrawal, the Buyer must communicate this intention by 14 (fourteen) business days, starting on the day the item is received, by any mode of communication, including but not limited to: by fax at the number: +39 041 527 4441; by email at the address firstname.lastname@example.org; by post or registered mail with confirmation of receipt to the address Venicecommerce Srl – F.ta Serenella 3 – 30141 Murano island – Venice (Italy). The postal timestamp on the receipt shall be considered binding.
14.3 For the purposes of right of withdrawal, the mailing of the communication may be validly replaced by the return of the purchased goods, provided it occurs within the same terms as above. The date of dropping of at the post office or pick-up by the courier shall be considered binding.
14.4 The Buyer cannot exert right of withdrawal for purchase contracts of products that were made to measure or clearly personalized, and in any other instance provided by Italian art. 55 of the "Codice del consumo".
14.5 The right of withdrawal is in any case subject to the following conditions: - the right is applied to the purchased product in its entirety; - the purchased good must be whole and returned in its original packaging, inclusive of all parts (including packing material and eventual documentation, etc.); - the application of labels or adhesive tape directly on the product's original package must be avoided; - shipping costs relative to the return of the item must be paid in full by the Buyer; - the Buyer has full responsibility for the shipment, right until proof of receipt by the Supplier's warehouse; - the return shipment must be delivered to the Supplier within 14 business days from the request of withdrawal.
14.6 In the event of damage to the goods during transportation of the returned product, the Supplier will inform the Buyer of the incident (by the 5th business day from receipt of the item in warehouse), to allow the Buyer to promptly file a complaint with the chosen courier and obtain reimbursement for the object's value (if insured); in which case, the product will be made available to the Buyer for return, meanwhile cancelling the request for withdrawal. The Supplier does not answer in any way to damage or theft/loss of goods returned by uninsured shipment; on arrival to the warehouse, the product will be examined to evaluate possible damage or tampering not resulting from transport. If the original wrapping and/or packaging appear to be ruined, the Supplier will proceed to withhold a percentage from the refund, in any case not above 10% of the full amount, as contribution toward substitution costs.
14.7 The right of withdrawal is null in absence of the essential condition of integrity of the goods (packaging and/or contents), in the event that the Supplier assesses: 1. the absence of the external packaging and/or the original internal packaging; 2. the absence of integral elements of the product (accessories, parts,...); 3. damage to and/or breaking of the product for causes different and/or preceding transportation. In the event of decay of the right of withdrawal, the Supplier will proceed to return the product to the Buyer and charging all shipping charges to the Buyer. Upon receipt of the communication in which the Buyer exerts right of withdrawal, the Parties in the present contract are free from mutual obligations, with the exception described in the previous paragraphs of this section.
15 - REFUNDS
15.1 In the event that the Buyer exerts right of withdrawal, in the modality defined by previous section 14, the Supplier will refund, promptly and anyway within 14 business days from the date in which the Supplier became aware of the withdrawal, the amount previously charged excluding the shipping charges already incurred. The methods for refund will be proposed by the Supplier and chosen by the Buyer.
15.2 Excluding eventual replacement charges for confirmed damage to the original packaging, the Supplier will arrange for refund of the entire amount already paid, excluding shipping charges, to the Buyer, within 14 business days receipt of communication of withdrawal. The refund will be carried out by the Supplier through chargeback of the due amount, which will be deposited by bank transfer to the account specified by the Buyer or to the Buyer's credit card account.
16 - LIMITATION OF RESPONSIBILITY
16.1. The Supplier declines any responsibility for any disservice ascribed to force majeure in the event of failure to fulfill the order in the timeline required in the contract.
16.2. The Supplier cannot be held responsible towards the Buyer, except in the case of fraud or grave negligence, for any disservice or malfunctioning related to use of the Internet outside the control of the Supplier or its subcontractors.
16.3. The Supplier is not responsible for damages, losses, and charges incurred by the Buyer following the failure to adhere to the present contract, as the Buyer can lay claim exclusively to the integral refund of price paid and eventual accessory charges incurred.
16.4. The Supplier declines any responsibility for the possible fraudulent and illicit use by third parties of credit cards, cheques, and other payment methods used for payment of purchased products, if it can prove to have implemented all possible care according to best knowledge and experience at the moment and according to ordinary diligence.
16.5. The Buyer cannot be held responsible for any delay or error in payment if it is proven to have taken place within time restraints and methods indicated by the Supplier.
16.6 The Supplier cannot be in any case held responsible for a poor, erroneous or unsuitable use of the products sold on the website www.yourmurano.com.
16.7 The products sold on www.yourmurano.com are not appropriate for professional use (bar, restaurant, etc.) and www.yourmurano.com is not intended for sale of products to professionals.
17 - DEFECT RESPONSIBILITIES, PROOF OF DAMAGE AND REFUNDABLE DAMAGE: SUPPLIER'S OBLIGATIONS
17.1 All products sold by the Supplier on www.yourmurano.com are handcrafted and prime production quality. Insubstantial variations in shape, size, colour, small imperfections and/or tiny air bubbles in the glass are not considered defects; they are inevitable and are typical of manual production of the glass and characterize handcrafted production.
17.2 In accordance to Italian artt. 114 e ss of the "Codice del consumo", the Supplier is responsible for any damage caused by defects in the product sold if it fails to inform the damaged Party, within 3 months from the request, of the identity and address of the producer or person who supplied the product.
17.3 The abovementioned request, by the damaged Party, must be made in writing and must specify the product that caused harm, place and date of purchase; it must also include an offer to view the product, if still in existence.
17.4 The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to compliance with an imperative judicial normative or a binding measure, or if the scientific and technological state of knowledge, at the time of the Supplier distributing the product, did not allow to consider the product defective.
17.5 No compensation will be due if the damaged Party had been aware of the product's defect and of the danger that could ensue, and nonetheless allowed exposure to it.
17.6 In any case the damaged Party must prove the defect, the damage, and the causal connection between defect and damage.
17.7 The damaged Party may seek compensation for damage caused by death, or personal injuries, or destruction or damage of an object different from the defective product, provided the object is destined for private use or consumption and was mainly used thus by the damaged Party.
17.8 Any damage to objects, in accordance to Italian art. 123 of the "Codice del consumo", will be compensated only in amounts exceeding three hundred eighty-seven euro (€ 387,00).
18 - WARRANTY AND MODE OF ASSISTANCE
18.1 All YourMurano.com products are covered by the producer's conventional warranty and by the 24-month production defect warranty, in accordance with Italian Dlgs 206/05. To take advantage of warranty assistance, the Buyer will need to retain the receipt or invoice (or packing slip) that was received through email in PDF electronic format. 18.2 The 24-month warranty, in accordance with Italian Dlgs 206/05, is applied to the product presenting a production defect, provided the product itself is used correctly, observing usage destination and instructions included in eventual technical documentation attached or on the web page describing the product. This warranty is meant for the private consumer (physical person who purchases the goods for purposes that are not related to professional activity, or carries out the purchase without indicating a VAT number).
18.3 In case of a production defect, the Supplier arranges for reconditioning of the product by repairing/replacing or reducing the price, until termination of the contract. Insubstantial variations in shape, size, colour, small imperfections and/or tiny air bubbles in the glass are not considered defects; they are inevitable and are typical of manual production of the glass and characterize handcrafted production.
18.3 The Buyer waives all rights if the production defect is not reported to the Supplier within 2 months from the date in which the defect was discovered. The report is not necessary if the Supplier had recognized the existence of the defect or it was concealed by the Supplier.
18.4 In any case, until proven otherwise, it is presumed that production defects that appear within 6 months from delivery of the product were already in existence, unless this hypothesis is incompatible with the nature of the product or the nature of the production defect.
18.5 In the event of a production defect, the Buyer may request, alternatively and free of charge, at the following conditions, the repair or replacement of the purchased product, a reduction of the purchase price, or the termination of the contract, unless the request is objectively impossible to satisfy or proves to be excessively onerous, in accordance with Italian art. 130, comma 4, of the "Codice del consumo".
18.6 The request must be delivered in writing, by registered mail with confirmation of receipt, to the Supplier, who will indicate either an availability to fulfill the request, or the reasons that may impede it, within 7 business days from receipt. In the same communication, if the Supplier accepts the Buyer's request, the Supplier must indicate the shipping or return method for the product, as well as the estimated time needed for repair or replacement of the defective object.
18.7 If the repair or replacement proves to be impossible or excessively onerous, or if the Supplier was not able to repair or replace the goods within the time specified in the above paragraph, or if the repair or replacement caused considerable inconveniences to the Buyer, the Buyer may request a choice between a congruous reduction in price or termination of the contract. In such case, the Buyer must send the request to the Supplier, who will indicate the availability to fulfill the request, or the reasons that may impede it, within 7 business days from receipt.
18.8 In the same communication, if the Supplier accepts the Buyer's request, there must be an indication of choice of either a price reduction or the return method of the defective product. It is the Buyer's responsibility to specify the mode for chargeback of the amount previously paid to the Supplier.
18.9 If, following repair by the item's producer (i.e. Murano glassmaking furnace/company), the fault should not result to be a production defect according to Italian Dlgs 206/05, the Buyer will be charged with all verification and repair costs by the producer, as well as shipping costs if incurred by the Buyer and/or the Supplier. Replacement and repair times depend exclusively from the producer's policies.
18.10 In the event that the Supplier is not able to return a product under warranty (repaired or replaced) to the Buyer, the Supplier will proceed to the refund of the purchase price taking into account its usage, or to replace it with a different product with equal or superior features.
18.11 Repair or eventual replacement of the product depend exclusively by the producer's policies, and no compensation may be requested from the Supplier for possible delays in performing repairs or replacements.
18.12 In the event in which the warranty requires return of the product, the item must be returned by the Buyer in its original package, complete in all its parts (including packing materials and eventual documentation and accessories). To avoid damage, it is recommended to insert the original package into a second box; the application of labels or adhesive tapes directly onto the original packaging must be avoided. 18.13 The Buyer will be provided with a Return Merchandise Authorization number (RMA) which needs to be indicated on the external surface of the package, following the instructions provided in the authorization email. Any possible complaint must be directed to: Venicecommerce Srl (c.a. Servizio Clienti) - F.ta Serenella 3 – 30141 Murano island – Venice – Italy - e-mail: email@example.com
19 - BUYER'S OBLIGATIONS
19.1 The Buyer commits to payment of the purchased goods within the times and methods detailed in the contract.
19.2 The Buyer commits, once the online purchasing procedure is completed, to print and retain the present contract.
19.3. The information included in this contract is assumed to be already read and accepted by the Buyer, who gives mandatory acknowledgement before confirmation of purchase.
20 - PRIVACY - CONFIDENTIALITY PROTECTION AND TREATMENT OF PERSONAL BUYER DATA
20.1 The supplier protects the privacy of its clients and guarantees its treatment of personal information is in accordance with Italian privacy legislation, as in d.lgs. 30 giugno 2003, n. 196.
20.2 All personal and financial data obtained directly and/or through third parties by the Supplier is gathered and processed, in paper and electronic form, with the purpose of registering the order and activating the procedures for execution of this contract and its relative communications, as well as for fulfillment of eventual obligations by law, as well as to allow an efficient business management in the measure in which it is necessary to perform the requested services (art. 24, comma 1, lett. b, d.lgs. 196/2003). The data may also be used for statistical extrapolations and commercial and promotional communications, withstanding the faculty of the Buyer to communicate the intention to no longer receive such communications.
20.3 At no time during the ordering process is the Supplier able to know any of the Buyer's credit card information. The information is exclusively sent through the secure connection (128 bit SSL cryptography) of the online payment method provided by the banking institution managing the transaction in full. Therefore, the Supplier will in no case be able to visualize nor store this data in any way.
20.4 The Supplier pledges to treat all data and information sent by the Buyer with confidentiality, and not to reveal them to unauthorized persons, nor use them for different purposes than those for which they were gathered, nor publish them to third parties. This data may only be presented upon request by judicial authorities or other entities authorized by law.
20.5 Personal data will be shared, upon subscription to a confidentiality commitment, only with individuals delegated to performing necessary activities for the execution of the stipulated contract, and communicated exclusively within these purposes.
20.6 The Buyer has the rights accorded by Italian art. 7 del d.lgs. 196/2003, and therefore the right to obtain: a) update, correction or, if desired, integration of data; b) deletion, anonymization or blocking of data in violation of the law, including that which is not necessary to retain in relation to the purposes for which it was collected or processed; c) assurance that the operations described in a) and b) have been brought to the attention of all persons to whom the data, and its contents, has been published, except in the event that this procedure proves impossible or requires disproportionate effort in regard to the right protected. The party concerned also has the right to oppose, entirely or in part: i) treatment of personal information, for legitimate reasons, even though pertinent to the purpose of collection; ii) treatment of personal information for purposes of sending advertising material or direct sale or execution of market research or commercial communications.
20.7 Communication of personal information by the Buyer is a necessary condition for the correct and timely fulfillment of the present contract. Failure to do so will entail impossibility to proceed with the Buyer's request.
20.8 In any case, all information gathered will be retained for a time period no longer than necessary for the purposes for which it was collected or processed. Its deletion will in any case be carried out securely.
20.9 Personal data controller is the Supplier, to whose head office the Buyer may direct any request to the attention of Mr. Andrea Della Valentina, appointed data supervisor for personal information processing and legal representative for the Company.
20.10 All communication arriving at the Supplier's physical or email address (requests, suggestions, ideas, information, materials etc.) will not be regarded as data or information of a confidential nature, must not violate others' rights and must contain valid, true and not injurious; under no circumstances will responsibility be laid on the Supplier for the content of the messages.
20.11 The website www.yourmurano.com and navigation data are hosted on Cloud Servers in the USA by Service Provider Cloudways Inc., leader in hosting and cloud computing services.
The optional, direct and voluntary sending of email to the addresses indicated on this site entails the acquisition of the sender's address, necessary for reply to requests, as well as eventual other personal data included in the message. Specific information summaries will be subsequently quoted or displayed on the website pages arranged for specific services on request.
21 - REASONS FOR TERMINATION
21.1 The obligations accepted by the Buyer in section 19, as well as the pledge to successful payment accepted in section 13, and also the correct fulfillment of the obligations accepted by the Supplier, are essential to the contract, therefore, by express agreement, the failure to comply with only one of the abovementioned obligations, when not determined by misfortune or force majeure, will entail the termination of the contract by law, as in Italian art. 1456 c.c., without need for court decision.
22 - METHOD OF CONTRACT FILING
22.1 In accordance with Italian art. 12 del d.lgs. 70/2003, the Supplier informs the Buyer that every order sent is retained in digital/paper form on digital medium at the Supplier's head office according to confidentiality and security protocols.
23 - CONTACTS AND COMPLAINTS
23.1 All written communication directed to the Supplier and eventual complaints shall be considered valid only when sent by registered mail with confirmation of receipt to the following address: Venicecommerce Srl - F.ta Serenella 3 – 30141 Murano island - Venice, or sent by fax to the number +39 041 527 4441 and possibly pre-empted by email to firstname.lastname@example.org or to the certified electronic mail address email@example.com.
23.2 The Buyer indicates a place of residence, telephone number or email address to which communications are to be sent by the supplier in the checkout form.
24 - LAW AND JURISDICTION
24.1 The present contract is regulated by Italian law.
24.2 For any issue not expressly mentioned here, the applicable laws are applied to all relationships provided in this contract, and specifically the Italian art. 5 of the "Convenzione di Roma" of 1980.
24.3 In accordance to art. 60 del d.lgs. 206/2005, the conduct included in Parte III, Titolo III, Capo I del d.lgs. 206/2005 is here reported.
- Any dispute rising from the present contract will be deferred to the Chamber of Commerce in Venice (Italy) and resolved according to resolution procedures adopted by it.
- If the Parties intend to refer to ordinary courts, the jurisdiction is that of the Consumer's place of residence or domicile of choice, mandatory in accordance to Italian art. 33, comma 2, lett. u) del d.lgs. 206/2005.
24.4 With stipulation of the present sales contract, the parties agree and accept that resolution of civil and criminal proceedings deriving from conclusion of the present Contract shall be subject to the exclusive territorial jurisdiction of the court of Venice -- Italy.
25 - FINAL CLAUSE
25.1 The present contract rescinds and replaces any written or oral agreement, understanding or negotiation previously present between the Parties and concerning the subject of this contract.
Venezia, January 1st, 2012