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General Information
These conditions of sale are drafted in accordance with the legislative provisions of the Civil Code, Legislative Decree No. 70 of 09.04.2003 on information society services and electronic commerce and Legislative Decree No. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, Chapter I of Title III of Part III (Articles 45 to 67), and govern the offer and sale of products through the Tuttoanatomia website owned by
Eter Srl Società Benefit
with registered office in Via XXIV maggio 40 Bisceglie (BT) cap 76011
VAT No. 07180680725
Rea BA-538314
Cap. soc. paid € 80,000.00
and users purchasing products from the same site.
Eter Srl reserves the right to change at any time these general conditions of sale by reporting them on the site.
These conditions of sale run from the time of acceptance of the same by the customer, acceptance given at the time of placing the order.
Is excluded any right of the customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance, even partial, of these conditions.
1. Scope of Application.
1.1 The General Conditions apply to and govern all contracts of sale concluded through the Tuttoanatomia.it Site.
1.2 The General Conditions may be subject to change at any time; each User, therefore, is required to consult them before proceeding with any purchase.
1.3 In any case, the version of the General Conditions in force on the date the purchase order is sent will be applied to each sale.
1.4 The General Conditions shall apply regardless of the User's nationality.
2. Information directed to the conclusion of the contract
2.1 In order to purchase online, the User must complete the appropriate login form on the Site.
2.2 It is forbidden for the User to enter data, in whole or in part, untrue; the personal data and e-mail communicated must, therefore, be personal and real, and not of third persons and/or fantasy.
2.3 The User, by filling in the login form, certifies, under its sole responsibility:
i. the correctness and truthfulness of the data required for the activation of the service;
ii. to have completed the eighteenth year of age;
iii. to act as a consumer.
2.4 Once the login form has been completed, the User must fill out an order form in electronic format prepared by the Seller and send it electronically, following the instructions indicated.
2.5 As required by law, prior to the confirmation of the order, the Seller will make available to the User all the information referred to in Article 49 of the Consumer Code; information relating to the right of withdrawal, in particular, is provided by means of the model instructions on the right of withdrawal set out in Annex I Part A provided for in Article 1 paragraph 1 of Legislative Decree No. 21 of 21.02.2014.
2.6 In order to finalize each order, the User is required to confirm the economic transaction having as its object the payment of the price of the Products placed in the cart; to this end, at the end of the procedure of choosing the Products and confirming the User's data, the Site redirects the latter to the page of the bank handling the economic transaction.
2.7 Once it has received confirmation of the validity of the means of payment indicated in the order and confirmation of the same, the Seller will send the User, by e-mail, to the e-mail address communicated during login, a written confirmation of the order, as provided for in Article 51 paragraph 7 of Legislative Decree no. 206/2005.
2.8 The offer of Products through the Site constitutes an offer to the public in accordance with art. 1336 cc; the completion and proper sending of an order through the Site implies, therefore, acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller has knowledge of the User's acceptance, formalized by means of the aforementioned order form.
2.9 The Seller, however, reserves the right not to accept the order in the event of non-authorization of payment by credit card by the relevant manager.
2.10 The User may, at any time, monitor the status of his order by logging in to his personal area or by contacting customer service.
2.11 The User, in any case, is always required to keep the order number communicated to him/her by the Seller, the said number having to be indicated in any eventual communication with the Seller.
2.12 The language available to conclude a contract of sale through the Site is Italian.
2.15 The User undertakes, once the online purchase procedure is completed, to ensure the preservation of the General Conditions which, moreover, he will have already viewed and accepted, as an obligatory step in the purchase procedure.
3. Selection and availability of products
3.1 The catalog of the Products may be periodically updated by the Seller, who, therefore, makes no guarantee as to the permanence of a product among those available on-line; in no case does the Seller guarantee the availability of the items in the catalog.
3.2 In the catalog of the Products each product is accompanied by a descriptive card that illustrates its main characteristics; the images and colors of the Products present in the descriptive cards may, however, not correspond faithfully to the real ones, due to the effect of the settings of the computer systems or devices used by the User to view the Site. The images published, therefore, should be understood as indicative and subject to normal tolerances of use.
3.3 If, although selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by e-mail, proposing the replacement of the product with a similar one, the allocation of a credit of equal value of the unavailable product, to be used at a next order or the termination of the sales contract, and the consequent refund of the price, including any shipping costs, if applied, if already paid.
4. Prices and conditions of purchase
4.1 The sale prices are those published online at the time the order is placed and are inclusive of VAT, if applicable due to the country of shipment of the Products; prices are expressed in euros.
4.2 The prices indicated in the online catalog may be subject to change without prior notice. It is the User's responsibility, therefore, to ascertain the final price before submitting the purchase order.
5. Delivery methods, charges and other fees
5.1 The Products are delivered, by contracted couriers, directly to the User at the shipping address specified by the User when placing the order.
5.2 The Site allows you to request delivery of the Products to an address other than the User's own address, provided that said address is included in the User's country of residence indicated at the time of login; in any case, it is the User's responsibility to indicate all the references necessary for the successful delivery (for example, if it is the address of a third party, specify the name on the doorbell/intercom at which the delivery is to be made).
5.3 The charges and types of shipping provided may vary depending on the country and the shipping method chosen by the User, as per the table found on the Site.
5.4 Said expenses and any additional costs shall be borne by the User. The relevant amount will be expressly and separately indicated in the order summary, before the User proceeds to the transmission of the same, as well as in the order confirmation e-mail referred to in Article 4.
5.5 Upon delivery of the Products to the courier, the User will receive a confirmation communication from the Seller by e-mail, in which the name of the courier used and the details of the shipment will be expressly indicated.
5.6 Both in Italy, and abroad, the delivery procedure provides that, in case of absence of the recipient at the time of access of the courier, the person in charge will leave a notice, in order to perfect the shipment later, in which will be indicated the contact details to be contacted to arrange the second delivery.
5.7 The User always has the possibility to check the status of his order by contacting Customer Service through the appropriate section.
6. Passing of Risk
Passage of risk in the sale to the seller carrier and consumer - Legislative Decree 206/2005
Tuttoanatomia.it in its policy observes the provisions of Legislative Decree 206/2005 on the transfer of risk to the consumer for which the products shipped will remain under our responsibility until the time of delivery to the customer by the carrier appointed by us.
In case of choice of carrier, by the customer, different from the one proposed the risk is transferred to the consumer already at the time of delivery of the goods to the carrier.
7. Right of withdrawal
The User, as a consumer, has the right to withdraw from the contract of sale of the Products, as established by Article 52 of Legislative Decree no.206/2005 (Consumer Code), without having to provide any explanation and without penalty. For details and modalities, we invite you to view the Right of Withdrawal page.
8. Privacy
Users' data are processed in accordance with Legislative Decree 196/2003 (Privacy Code), as specified in theinformation on the processing of personal data rendered to the User upon completion of the login form.
9. Complaint and Communication Service
You may contact us for any further information or assistance or submit complaints to :
Eter Srl Benefit Society
via XXIV maggio, 40
76011 Bisceglie - BT
Italy
e-mail: info@tuttoanatomia.it
Tel.: 080.9264710
All communications sent by e-mail will be transmitted to the address provided by the user during login.
10. Applicable law and place of jurisdiction
10.1 The contract of sale concluded pursuant to the General Conditions shall be governed by Italian law.
10.2 Any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned shall be subject to the jurisdiction of the Court of the place of residence or domicile of the User, if the User is a consumer resident or domiciled in Italian territory. If the User is not resident or not domiciled in the Italian territory, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, in the case of action brought by the Seller, the latter may choose between the Court of Trani and the Court of the place of residence or domicile of the User, alternatively between them; in the case of action brought by the User, the Court of Trani shall have exclusive jurisdiction.
11. Online resolution of disputes
According to Article 49 paragraph 1 letter V of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the customer may make use of the Joint Conciliation Procedure.
The Procedure may be initiated if the consumer after submitting a complaint to the company, within thirty days, has not received a response or has received a response that is not satisfactory to him/her.
The customer who decides to make use of the Joint Conciliation Procedure is obliged to send the application to: conciliazione@consorzionetcomm.it or fax number 02/87181126.
For more information, please refer to:
http://www.consorzionetcomm.it/spazio_consumatori/conciliazione-paritetica/conciliazione-paritetica.kl
11.1 European Platform
The company Eter Srl Unipersonale informs the user who holds the status of consumer referred to in Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to each one's site and initiate an online dispute resolution procedure in which it is involved.