Identification of the Supplier
The goods covered by these general conditions are offered for sale by A.M.G. SRL, owner of the amgluxuryliving.com website, with registered office in Via della Vite 48, 00187 Rome, Italy, VAT number n. 14764841004, hereinafter referred to as “Supplier”.
Communications and complaints
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Via della Vite 48, 00187 Rome, Italy.
The expression “online sales contract” means the purchase and sale contract relating to the Supplier’s movable tangible assets, stipulated between them and the Purchaser in the context of a remote sales system through telematic tools, organized by Supplier.
The expression “Buyer” means the natural person who makes the purchase under this contract. The expression “Supplier” means the person indicated in the epigraph.
Subject of the Agreement
With this contract, respectively, the Supplier sells and the Purchaser purchases, remotely, through telematic tools, the tangible movable assets indicated and offered for sale on the amgluxuryliving.com website.
Each order placed for a product in the amgluxuryliving.com online store implies consultation and prior acceptance of all these general conditions of sale. They have the function of defining the rights and obligations of the parties in the field of the online sale of goods proposed by the Supplier to the Buyer. The click to validate the order implies full acceptance of these conditions: this click has the value of “electronic signature”.
Methods of stipulating the contract
The contract between the Supplier and the Purchaser is concluded exclusively through the internet by accessing the Purchaser at amgluxuryliving.com, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of goods, and thus the contract referred to in the previous article.
Conclusion and effectiveness of the contract
The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online, always after viewing a web page summarizing the order, printable, in which the details of the purchaser and of the order, the price of the purchased good, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the withdrawal right.
When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the paragraph above and the contract is considered perfected and effective between the parties.
Proof of the transaction
The computerized registers, filed in the computer systems of A.M.G. SRL under reasonable conditions of security, are considered evidence of communications, orders and payments between the parties. The archive of order forms and invoices is carried out on a reliable and durable medium, which can be provided as proof.
Methods of payment and reimbursement
Any payment by the Purchaser can only be made by means of one of the methods indicated in the appropriate web page by the Supplier. Any eventual reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself. If the Supplier has already proceeded with the shipment, the term of 30 days starts from the date of receipt of the return.
All sales prices of the products displayed and indicated on the amgluxuryliving.com website are expressed in Euros and constitute an offer to the public pursuant to article 1336 of the Italian Civil Code. The sale prices are inclusive of VAT. The prices indicated for each of the goods offered to the public may vary and are to be considered valid for one day.
The Supplier makes every effort to ensure the accuracy of the information provided on the amgluxuryliving.com site, about the characteristics of the goods and the use of the products. The images visible on the aforementioned site have the sole purpose of presenting the products.
Availability of products
The Supplier uses the electronic system to process and fulfill orders without delay. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
Delivery times and methods
The Supplier will deliver the selected and ordered products, in the geographic areas treated, to the address chosen by the Purchaser at the time of the order. Shipping methods, times and costs are indicated at amgluxuryliving.com.
However, if the Purchaser requests shipment to an address falling within the so-called “Disadvantaged ZIP codes” (in relation to which the transport costs are higher), will be promptly contacted by the Supplier, who will notify him of any additional shipping costs. The Buyer can then choose whether to confirm the purchase or withdraw (at no cost). In the event that the Supplier is unable to ship within the deadline indicated on the website, the Buyer will be notified by e-mail.
Delivery problem dependent on the fact of the carrier
All products leave the Supplier’s warehouse in perfect condition. Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, deteriorated product …) must imperatively be indicated on the delivery order in the form of a “handwritten reserve”, accompanied by the Buyer’s signature.
The Purchaser must simultaneously confirm these anomalies by sending a registered letter with acknowledgment of receipt to the carrier within (2) two working days after the delivery date, clearly stating the complaints. He will also have to send a copy of said registered letter to the Supplier’s address. Failing this, the Supplier will not exchange the products.
As with any shipment, there may be a delay or the product may be lost. In this case, the Supplier will contact the carrier to initiate an investigation. Every effort will be made, with the necessary time, to find the package. In the event of a negative outcome, the Supplier (who will be reimbursed by the carrier) will deliver a new, identical product at its expense.
The Supplier declines any responsibility for the extension of delivery terms depending on the fact of the carrier, especially in cases of loss of products, bad weather or strikes.
Delivery errors and / or product discrepancies
The Purchaser must address to the Supplier on the same day of delivery or at the latest on the first working day following the delivery itself, any complaint regarding delivery errors and / or non-conformity of products in kind or quality with respect to the indications that appear on the order form. Beyond the aforementioned deadline, any claim will be refused.
Any complaint that does not comply with the rules and terms defined in this contract will not be taken into consideration: this will result in the exclusion of the Supplier’s liability towards the Buyer.
In the event of a delivery error or product discrepancy, upon notification to the Supplier and in accordance with the same, each product to be exchanged or refunded must be returned to the Supplier’s address, in perfect condition and in its original packaging.
Right of withdrawal
In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
In the event of exercising the right of withdrawal, it will be possible to obtain, depending on the case, a refund of the sums paid or an exchange of the product. In the case of an exchange, the new shipment will be at the expense of the Buyer.
If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt at the address: Via Della Vite n.46, 00187 Roma. The stamp affixed by the post office on the receipt issued will be valid between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or forwarder will be valid between the parties.
The return of the goods must in any case take place at the latest within 7 (seven) days from the communication of the withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and in a normal state of conservation.
The only costs payable by the Buyer for exercising the right of withdrawal are the direct costs of returning the goods to the Supplier. The Supplier will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the return.
Obligations of the buyer
The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Cause of termination
The Purchaser’s obligation to pay the price according to the methods set out in the Supplier’s website, is essential, so that by express agreement, the non-fulfillment, if not caused by fortuitous events or force majeure, will result in the termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.
Limitations of Liability
The Supplier assumes no responsibility for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract.
The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him. The Supplier may also not be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control.
The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products.
Furthermore, the Supplier, dealing with natural materials, cannot be held responsible for intrinsic characteristics of the product referable to the raw material.
Finally, the seller or its suppliers are not responsible for consequences, accidents, damages resulting from improper use of the goods sold.
Protection of confidentiality and processing of the purchaser’s data
The Supplier protects the privacy of its customers and guarantees data processing in compliance with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 196 and of the EU Reg. 2016/679.
The personal and fiscal data acquired directly and / or through third parties by the Supplier, data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating compares the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree no. 196/2003).
The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
Personal data will be communicated, after signing a commitment to confidentiality of the data, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
The Purchaser enjoys the rights set forth in art. 7 of Legislative Decree no. 196/2003. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. The owner of the collection and processing of personal data is the Supplier, to whom the Buyer can direct any request to the company headquarters.
Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order sent is stored in digital form, on the Supplier’s server according to criteria of confidentiality and security.
Settlement of disputes
For any dispute arising from this contract, the Purchaser must first contact the Supplier to seek a consensual solution. If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the Supplier’s headquarters, unless the hypothesis referable to art. 33, 2nd paragraph, letter u) of Legislative Decree n. 206/2005.
Applicable law and referral
This contract is regulated by the Italian law. Although not expressly provided here, the laws applicable to the relationships and cases governed by this contract are valid.
Not partial validity
If one or several clauses among these general conditions of sale are considered not validated or declared as such in application of a law, regulation or following a final decision issued by a competent jurisdiction, the others, however, will keep all the their strength and effectiveness.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.