General conditions of sale

Index of general conditions of sale:
1. Scope of application and registration to the SITE
2. Information for the conclusion of the contract
3. Products
4. Prices and payments
5. How to insert and the order confirmation
6. Purchase orders and product availability
7. Delivery
8. Right of withdrawal
9. Warranty
10. Major force
11. Privacy
12. Exhaustiveness
13. Applicable law

The following General Conditions of Sale ("GCS") regulate the offer and sale of products on the web site www.johnrasmussen.it (the "Site"). The Web site is an e-commerce site accessible from Italy and the European Union countries by all internet users ( "Users").
The site is owned by JOHN RASMUSSEN SRL, headquartered in Limone Sul Garda (BS), Via Comboni 52, CF and VAT 0144 241 0229 and with registration in the Companies Register of Brescia, REA n. 533203.
As part of the GCS with the term "Parties" shall jointly indicate the Users and the Company and the term "Party" means one of the two separately. The term "Purchaser" will indicate all the users who have placed an order for the purchase of the products on the site. The Purchaser refer and apply the same rights and obligations under these GCS for Users.

1. Scope of application and registration to the SITE
These GCS apply to all sales made on the site and can be modified by the Company at any time. Any changes and/or new conditions will come into force from the moment of their publication in the "General Conditions of Sale" of the Site; for this reason the Users are invited to regularly access the Site and to check for updates of the GCS.
The applicable GCS are applied to the posting date of the purchase order.
These GCS does not regulate the sale of products and/or supply of services by parties other than the Company which are present on the site through links, banners or other hypertext links. Before engaging in transactions with these parties it is necessary to check their conditions of sale. The Company is not responsible for the supply of services and/or for the sale of products on the part of such individuals. The Company exercises no control and/or monitoring on websites accessed through such links. The Company is not responsible for the contents of these websites nor for any errors and/or omissions and/or violations of the law by themselves.
Each purchase order for the articles offered on the Website imply the consultation and express acceptance of the these GCS.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, and Articles 50 of Legislative Decree no. 206/2005 ("Consumer Code") compiling and sending the order form constitutes for all legal purposes a share purchase agreement between the Company and the User, from which resulting reciprocal rights and obligations.
The sale of products through the Site is intended exclusively for personal use of Users only and not for their professional activities. They may under no circumstances make purchases on-site retailers or wholesalers or, in general, all persons who intend to buy the products offered for sale on the Site for the purpose of subsequent resale.
It is, therefore, forbidden to such persons to register at the site and effect shopping on Web.
The Company reserves the right, in any case, not to accept orders by any person, which are abnormal in relation to the quantity of the purchased products or the frequency of purchases made on the Site.
Users wishing to purchase on the Site, aware of the civil and criminal liability in the event of misrepresentation, claiming to have full legal capacity and to be of age for the purposes of Italian law. Access to the offers on the site, in fact, is reserved exclusively to Users who are at least 18 years old.
To be able to place orders on the website and buy the products, Users are required to register in a special section of the site.
To register yourself on the site, the User must complete the registration form with the required data (the obligatory information is marked with an asterisk *), such as: full name, home address or any address at which you request are delivered the purchased products, e-mail address and then click the "Send" button on the module. Registration will be confirmed by e-mail to you and in order to complete the registration process, you have to click the appropriate link in the communication received to activate your account.
Once you have registered, the user can proceed with the order simply by entering the personal account (constituted by the email address entered in the registration form) and a password, and approve, by selecting the appropriate box on this form order, the GCS. In case of no acceptance of the GCS will make it impossible for the user to make purchases on the Site.
Users may subscribe to the Site at any time.
The login credentials are to be used only by the User and should not be sold to third parties. You undertake to keep them secret and to make sure that nobody has access to it. The User guarantees that the information and personal data provided during the registration process to the Site are complete and truthful. The User agrees to hold the Company free from any claims for damages and/or penalties arising from and/or in any way related to the violation by the User of the rules on the registration on the Site.

2. Information for the conclusion of the contract
In accordance with Art. 12 of Legislative Decree of 9 April 2003, n. 70 containing provisions concerning electronic commerce, the Company informs the User that:
• to conclude the purchase contract of one or more products on the Site, you must fill in an electronic order form and send it to the Company electronically by following the instructions that will appear in turn on the Site and that accompany the different steps of the purchase;
• the contract is concluded when the Company records the order form, after verification of the correctness of its order and payment data;
• before transmission of the order form, the user will have the ability to identify and correct any eventually input errors by following the instructions from time to time indicated on the Site and that accompany the different steps.  After registering the order form and receiving the confirming authorization for payment of the total amount. The Company shall send the User, by e-mail the confirmation of the order and the receipt of payment, containing the link of  the website page with the GCS and information relating to the characteristics of the product purchased, the details of the price, the payment medium used, the procedures for the exercise of the right of withdrawal, the shipping costs and any additional costs and an indication of customer service where the user can ask for assistance and /or submit complaints. Please keep the e-mail receipt as proof of purchase
• the order form will be stored in the database of the Company for the time necessary to execute the order and in any case, as provided by law, for 10 years. To access their order form the User can go to "My Orders"  on the Site where you will find a list of all orders placed.

3. Products
The products ("Products") that the Company offers for sale are those listed on the site at the date when the User consults the Website, within the limits of availability of stock, under the conditions established in the these GCS.
The photographs illustrating the products do not fall within the current contractual context; therefore the Company cannot be held responsible for any errors and/or discrepancies.
Despite efforts to ensure faithful color reproduction of the products represented in photographs published on the Site respect to the original ones, are not excluded hypotheses of discrepancies, in particular due to technical limitations in reproducing color using computer. Consequently, the Company cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of Products on the Site.
The Products will be delivered in the territory of the Italian Republic, including the Vatican State and the Republic of San Marino, shipping is possible in some of the EU countries, in the following countries within the European Union: DENMARK, GERMANY, AUSTRIA, BELGIUM, FRANCE, THE NETHERLANDS, SPAIN, ENGLAND, IRELAND EIRE, FINLAND, SWEDEN.

4. Prices and payments
All the prices of the products sold on the site are expressed in Euros (€) and are inclusive of VAT. The shipping charges and any other eventual additional cost, include VAT and are expressed in Euros (€), will be expressly and separately indicated on the order form before the user proceeds to the transmission of the same and before the payment of the products as well as on the email order confirmation.
The price of the products can be modified without prior notice, being understood that the price charged to the User will be the one published on the product card when sending the order. The Products shall remain property of the Company until full payment by the User of the purchase price, shipping charges and any other additional cost.
The payment of the Products purchased on the Site can be carried out using the payment solution PayPal or by credit card via Virtual POS Service "Virtual Pay".

If you choose PayPal as a medium of payment, you will be redirected to the site www.paypal.it where you carry out the payment of the products according to the procedure laid down and regulated by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal website will be processed directly from the same and will not be disclosed or shared with the company. The latter is not in a position to know and does not store in any way your credit card linked to your PayPal account or the data of any other payment instrument associated with this account.
In case of payment by PayPal, the total amount will be charged by PayPal to the User together with the completion of the contract through the Site. In the case of resolution of the purchase contract and in any other case of redemption, in any capacity, the amount of the refund will be credited to the account PayPal of the User (if you have made the payment through your PayPal account), or on the credit card (if you have made the payment by credit card).
The accreditation time of the payment device, connected to this PayPal account, depends exclusively on PayPal and the banking system. When placed the credit orders in favor of such an account, the Company may not be held liable for any delay or failure in crediting the User to the redemption amount. To dispute the User should apply directly to PayPal.

If you choose as payment Virtual Pay, you will be redirected to the site www.servizipos.it where you carry out the payment of the products according to the procedure laid down and regulated by Virtual Pay and the terms and conditions of the contract agreed between the user and Virtual Pay. Data entered on the Virtual Pay website will be processed directly from the same and will not be disclosed or shared with the company. The latter is not in a position to know and does not store the data in any way by the credit card.
In case of payment by Virtual Pay, the total amount due will be charged by Virtual User Pay together with the completion of the contract through the Site. In case of resolution of the purchase contract and in any other case of redemption, in any capacity, the refund amount due to the User will be credited to the credit card.
The credit times of the credit card depend exclusively by Virtual Pay and the banking system. When placed the credit orders in favor of such a card, the Company may not be held liable for any delay or failure in crediting the User to the redemption amount. To dispute the User should apply directly to Virtual Pay.

5. How to insert and the order confirmation
If a user wishes to place an order should, first, register on the Site.
If you have already registered, the user should identify themselves by entering their account name and password. Once the User has taken steps to identify, will proceed with the selection of the products of your interest by clicking on the image of the product. The User is aware and agrees that the inclusion of your account constitutes proof of identity.
The selected products will be added at a space called "BASKET"
Users, at any time, may:
• view a summary of the selected products or change the order by clicking on the "BASKET" button;
• Complete selection of products and place your order by clicking on "CHECKOUT" within the "BASKET" section.
At this point appear on the screen a recap of your order: the type, quantity and price of the products selected by the User, the delivery costs, the total amount of the order, the user data and the address where to make delivery of the products. If the list that appears corresponds to the Products selected, the User will validate the selection by clicking on the button "CHECKOUT". To validate the order, the user must click in the box "I accept the General Conditions of Sale" and proceed to the choice of payment method.
Users are asked to enter the details of the credit card or other payment method: orders are validated only by entering the information on the payment methods.
Once the Purchaser has validated his order and gave orders for the related payment, you will see a summary window showing the number of the transaction. This order confirmation will be sent to the Purchaser also by email. The above email order confirmation and receipt of payment will include all elements of the contract between the parties, including a link to a page on the site where the internet General Conditions of Sale are present, relating to information about the features of the purchased product, the details of the price, means of payment used, the procedures for the exercise of the right of withdrawal, the shipping costs and any additional costs and an indication of the Customer Service, which the user can contact for assistance and/or submit complaints.
The data recorded and collected on the Site constitutes full proof of all the transactions concluded between the Purchaser and the Company. In case of a dispute between the Company and the Purchaser in respect of a transaction carried out on-site, the recorded data by the Company will constitute full proof of the contents and of the transaction.

6. Purchase orders and product availability
The Company shall proceed with the purchase order only after receiving authorization that confirms the payment of the total amount due, including purchase price, shipping costs and any other additional cost, as indicated on the order form.
The Company reserves the right to refuse orders from Users who do not give sufficient guarantees of solvency or with whom disputes are pending or which are under the age of 18.
The products offered on the Site are limited in number. It may happen, also because of the possibility that more users simultaneously acquire the same product, that the product ordered is no longer available after the purchase order is issued. In any case of unavailability of the ordered product, the User will be promptly notified by e-mail and the purchase order will be canceled. If payment has already been executed, the Company will refund the total amount paid by you - including purchase price, shipping costs and any other additional cost - immediately, and in any case within 30 (thirty) days from the day after the order. The refund will be communicated by e-mail and credited on the same means of payment used by you for the purchase.
Any delay in crediting depend on the bank, the type of credit card or payment solution used.

7. Delivery
The delivery of orders is handled by BRT EXPRESS COURIER.
The products are delivered within 4/5 working days from the day following the receipt of the e-mail order validation. In any case, the products will be shipped no later than thirty (30) days from the day following the receipt of the e-mail order validation.
The Products will be delivered to the address stated by the Purchaser on the order form. The Purchaser decides to provide the address where he wish to receive the order at the time he placed the order.
The shipping costs are charged to the Purchaser: the price concerning the shipment of the order is indicated at the time of the order summary before confirmation and is also stated in the e-mail confirmation that will be sent to the Purchaser.
The Company is not responsible in case of delay in delivery caused by transport and for delivery of products as well as in cases of the loss of products. Please note that the transport risks are charged to the Purchaser. In case of delay of delivery, the Purchaser will be required to promptly inform the Company.
The Company will contact the Carrier for inspection. The duration of this control is not predictable.
After receiving the Products, the Purchaser is obliged to check that the Products correspond to those ordered. Any anomaly (missing or damaged products, damaged packaging, etc.) is to be promptly communicated to the Company by sending an email made available on the Site or by contacting Customer Service, specifying which product has any anomalies and providing an accurate description of the defect. Any claim made after 14 days of delivery of the products will be refused and the Company do not take any responsibility.
It is obligatory to provide the personal data related to the delivery as they are required to process and send orders, as well as to prepare the invoice, if required. Not to provide such personal information will make it impossible to follow the order.

8. Right of withdrawal
The User who has purchased the products through the Site has the right to terminate its contract with the Company, without penalty and without giving any reason, within fourteen (14) days of receipt of the Products.
To exercise the right of withdrawal, the User must:
• send a clear statement of the decision to withdraw from the contract by e-mail at the following address: info@johnrasmussen.it or by registered mail with return receipt to the following address: JOHN RASMUSSEN SRL - Via Comboni 52, 25010 Limone sul Garda (BS ) IT or by pec at: johnrasmussensrl@lamiapec.it
• The registered letter is considered sent in due time, if delivered to the post office within the period specified above;
• provide, using a carrier of your choice and expense, within fourteen (14) days from the date on which you notified the Company of your decision to withdraw from the contract, the delivery of the product purchased, suitably protected and packed possible in their original packaging, accompanied by all possible accessories. The Products must be returned in normal condition and without any damage and/or altered in such a way as to cause a decrease in value. If the Product is damaged, the User can return, however, with diminution in value, in accordance with art. 57, paragraph II, of the Consumer Code.
• ship the Products to be returned to the following address: VIA COMBONI 52-25010 LIMONE SUL GARDA (BS) ITALY.
• the Company will refund all payments received by the User without undue delay and no later than fourteen (14) days from the day when he is informed of the User's decision to withdraw from the contract. The refund will be communicated by e-mail and credited to the means of payment solution used for the purchase by the User.
Under Article 59 of the Consumer Code, the right of withdrawal is excluded in case the sale has as its object products tailored or personalized or which by their nature cannot be returned as they are inseparably mixed with other goods or are liable to deteriorate or expire quickly.

9. Warranty
Legal Compliance Warranty
All products sold on the Site are covered by the legal compliance warranty ("Legal Warranty") provided by Articles 128-135 of the Consumer Code.
The Legal Warranty is for the consumers. Therefore it is applicable only for users who have purchased on the Site for a personal exclusive use, and therefore unrelated to the activity entrepreneurial, commercial, craft or professional.
The Company is responsible towards the purchaser for any lack of conformity which exists at the moment of delivery of the Product and also when it becomes apparent within two (2) years from that delivery. The lack of conformity must be reported to the Company within the decadence of the warranty, and within the 2 (two) months from the date when the defect was discovered.
To take advantage of the legal warranty, the user must therefore first provide evidence of the date of purchase and delivery of the Product. You should, then, for purpose of this test, keep the purchase invoice sent by the Company, or any other document that can confirm the date of execution of purchase (For example, statement of account of the credit card).
There is a lack of conformity, when the Product:
• is not suitable for the purposes for which goods of the same type are normally used;
• does not comply with the description given by the seller and does not possess the qualities of goods which the seller presented to the consumer as a sample or model;
• does not have the usual quality and performance of goods of the same type and which the consumer can reasonably expect, considering the statements made in advertising or labeling;
• is not suitable for the particular use which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.

Therefore are excluded from the scope of the legal warranty possible faults or malfunctions or defects caused by accidental events and/or responsibility of the User or by a use of the Product not in accordance with its intended use as provided in the technical documentation attached to the Product, where existing, or in the operating instructions for the same.
In case of lack of conformity duly denounced in time, you have the right:
• as primary, to the free repair or replacement of the Product, at your choice, unless the remedy requested is impossible or excessively expensive compared to the other and, therefore, in this case, given the type of sales, for substitution where this is possible in relation to the number of copies still available for sale;
• secondarily (in cases where repair or replacement is impossible or prohibitively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously made have caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.
In the event that a Product purchased on the Site, during the period of validity of the legal warranty, manifest a lack of conformity, the Customer must contact the Company.
In case of termination of the contract, the Company will return the total amount to You, consisting of the purchase price, shipping costs and any other additional cost. In the case of price reduction, the Company will return the amount of the reduction, previously agreed with the User.
The amount of reduction will be communicated to you by e-mail and credited to the kind of payment solution used by the User for the purchase.
The "non-conforming products” include products sent in error by the company or which have defects.
All non-conforming products, to exchange or refund must be returned to the Company within 7 days from the date of receipt of the same, in their original packaging, accompanied by the delivery note from the carrier.
Transportation costs will be charged to the Company.
At the time when the Company will receive the presumably non-conforming products, will provide and review them as soon as possible. If the Company confirms the non-conformity of the products, will replace at his own expense or refund the defective or missing products. Upon redemption, the Purchaser will be refunded within thirty (30) days after confirmation, the amount corresponding to the price of products purchased.

Conventional Manufacturer Warranty
The products sold on the Site may, depending their nature, be covered by a standard warranty issued by the manufacturer ("Conventional Warranty"). The user can make this guarantee enforced only against the manufacturer. Duration, extension, also territorial, the conditions and ways of fruition, the types of damage or defects covered and the eventual limitations of the conventional warranty depend on the individual manufacturer.
The Conventional Warranty is voluntary in nature and does not join, not replace, does not reduce or affect or preclude the Legal Warranty.

10. Major force
Under no circumstances the Company will be liable for failure to fulfill obligations of any of the obligations arising from the present GCS, assuming that the failure is caused by unforeseeable and/or of major force, including, but not limited and not exhaustive, natural disasters, terrorist acts, network failures and/or blackout.

11. Privacy
The Company will process the User's personal data in compliance with legislation relating to privacy, as set out in detail in the information in the "Privacy" section of the Site.

12. Exhaustiveness
These GCS represent the entirety of the agreements between the Company and its Users in relation to sales made through this Site.

13. Applicable law
To the GCS and the relations of a contractual nature that exist between the Company and the User shall be governed by Italian law. However, under the principle of consumer protection, it is subject to the application of mandatory rules and their application, required of the industry rules of the EU Member State in which you reside.
For any controversy regarding the application, execution, interpretation of the GCS, and thus the contract with the User, is the competent Court of Brescia (Italy).
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