Online sales are considered mail-order sales and therefore are not subject to the obligation of issuing an invoice, as provided by Article 22 of Presidential Decree No. 633 of 1972, nor to the obligation of issuing a fiscal receipt, as stated in Article 2, letter oo), of Presidential Decree No. 696 of December 21, 1996..
DEFINITIONS
The term “online sales contract” refers to the contract of sale concerning the tangible movable goods of the partner company of homylist.com, stipulated between the latter and the Buyer within a remote sales system via electronic tools, organised by the Supplier. The term “Buyer” means the consumer, a natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity carried out.The term “homylist.com refers to the party that promotes the sale of the goods covered by this contract. The term “PARTNER COMPANY” refers to the party that carries out the sale of the goods covered by this contract..
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Supplier: The goods covered by these general conditions are offered for sale by the PARTNER COMPANY of homylist.com, which is solely responsible for the advertising promotion of the goods in question and not for the sale between the parties. Buyer: Explicitly declares that the purchase is made for purposes unrelated to any commercial or professional activity carried out and agrees not to engage in the resale of the purchased goods.
3)SUBJECT AND CONCLUSION OF THE CONTRACT
With this contract, the PARTNER COMPANY of homylist.com sells, and the Buyer purchases remotely via electronic means, only the tangible movable goods listed and offered for sale on this website or through our official sales channels.
The contract between the PARTNER COMPANY of homylist.com and the Buyer is concluded exclusively through the internet by the Buyer accessing the website and, following the indicated procedures, submitting a purchase proposal for the goods offered for sale. The purchase contract is finalized through an irrevocable order by the Buyer, completed and submitted online via the order form, which will be displayed on the order summary webpage. This page, which can be printed, includes the Buyer’s details, order information, the price of the purchased item, shipping costs, payment methods and terms, and the delivery address. Upon receiving the order from the Buyer, the PARTNER COMPANY of homylist.com will send a confirmation email and/or display a confirmation and summary webpage, also printable, containing the data entered by the Buyer in the order form. If requested, the sales invoice will be issued by the PARTNER COMPANY of homylist.com in electronic format.4) PAYMENT AND REFUND METHODS
The PARTNER COMPANY of homylist.com agrees to the following payment methods for the products purchased: * Cash on delivery * Bank transfer * Payment with PayPal * Credit card data is managed directly by banks specializing in the management of online payments; PayPal data is managed directly by PayPal. The PARTNER COMPANY of homylist.com reserves the right to request the bank issuing the card to verify the authenticity of ownership of the card itself or PayPal in the event of problems. Any refund to the Buyer, if the latter is entitled to it, will be credited by reversing the payment with a credit card, bank transfer or PayPal, within 30 days at the latest. from the date on which the PARTNER COMPANY of homylist.com became aware of the cause that generates the right to reimbursement.
5) DELIVERY TIMES AND METHODS
The PARTNER COMPANY of homylist.com will arrange delivery of the ordered products through the designated couriers. Products are shipped in appropriate packaging; if the package arrives torn or damaged, please check the integrity of the product and immediately report any damage to the staff of the PARTNER COMPANY of homylist.com.
Order processing times may vary, from the same day of the order up to a maximum of 40 working days, within which the product will be delivered. If the PARTNER COMPANY of homylist.com is unable to ship within this time frame, the Buyer will be promptly notified via email, indicating the new estimated shipping date.
Delivery times may vary depending on the destination country and other factors beyond the Supplier’s direct control and not attributable to it.6) SHIPPING AND DELIVERY COSTS
Delivery of products within the Italian National Territory will be made without requiring any additional payments beyond what was agreed upon at the time of order placement. For all other countries, the courier may present a separate invoice requesting payment of duties and taxes required by local authorities. Buyers residing in a country outside the EU are advised to check local taxes and duties before placing an order with the Supplier.
Delivery will be made to the street address, not to the specific floor.
Upon receipt of the goods it is necessary to check:
N.B. The customer is required to sign the delivery note only if the packaging of the goods is intact. In the case of visible external damage or suspected tampering (e.g., packaging tape), it is necessary to refuse the goods or accept them with reservation, by noting the damage on the delivery note that the carrier asks to be signed as proof of delivery.
8) PRICES
All sales prices of the products displayed and indicated on this website are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, and include VAT and any other tax for deliveries within the Italian national territory. For deliveries to EC and non-EC countries, as specified in point 6), the courier may request additional amounts from the Buyer for local taxes and duties.
9) Product Availability
The homylist.com PARTNER COMPANY ensures, through the telematic system used, the processing and fulfillment of orders without delay. Should an order exceed the quantity available in the warehouse, the homylist.com PARTNER COMPANY will inform the Buyer via email whether the item is no longer available for reservation or what the waiting times are to obtain the chosen item, asking whether they wish to confirm the order or not. The Supplier’s IT system confirms as soon as possible the registration of the order by sending the user a confirmation via email, which does not create any legal obligation, as it is merely a summary of the order.
10) LIMITATIONS OF LIABILITY
The homylidt.com PARTNER COMPANY assumes no liability for service disruptions caused by force majeure, in the event that it is unable to fulfill the order within the time specified in the contract. The homylist.com PARTNER COMPANY cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet beyond its own control or that of its subcontractors. The homylist.com PARTNER COMPANY shall also not be liable for any damages, losses, or costs suffered by the Buyer due to non-performance of the contract for reasons not attributable to it, with the Buyer only being entitled to a full refund of the amount paid. The homylist.com PARTNER COMPANY assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards when paying for purchased products, provided it can prove that it adopted all possible ordinary precautions at the time and acted with due diligence.
11)LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSATORY DAMAGES: THE SELLER’S OBLIGATIONS
No compensation will be due if the injured party was aware of the defect in the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party. The PARTNER COMPANY of homylist.com does not assume any responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the sales agreement within the agreed times. It will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the sales agreement for the reasons mentioned above, or for damages, losses and costs incurred as a result of the use or inability to use the products purchased, the customer being only entitled to the possible refund of the price paid, excluding any shipping costs. Likewise, it is not liable for any fraudulent and illicit use that may be made by third parties, of credit cards, at the time of payment for the products purchased.
12) BUYER’S OBLIGATIONS
The Purchaser agrees to pay the price of the purchased item within the times and using the methods indicated in the Contract. The Purchaser undertakes, once the online purchase procedure is completed, to print and keep the web page that displays the order details. The information contained in this contract has already been reviewed and accepted by the Purchaser, who acknowledges this, since a link to this web page is shown at the time the order is finalized.
13) RIGHT OF WITHDRAWAL
(ART. 5 D.LGS 185/99) The CUSTOMER has the right to withdraw from the contract stipulated remotely, without any penalty and without specifying the reason, promptly communicating the cancellation within 10 days of the order placed via email to the seller’s address contatti@homylist.com before receiving confirmation as previously provided, or before the goods have been shipped. If the goods have already been delivered, the right of withdrawal is exercised by sending, within 10 working days from the day of receipt of the goods, a registered letter with acknowledgement of receipt to the address of the SELLER’s headquarters. This communication must contain the data necessary to identify the order exactly, the clear intention to renounce the purchase and the product or products for which the right of withdrawal is to be exercised (which must not have been used in any way and which must be returned with the original packaging intact), attaching a copy of the relevant tax document (Invoice or Transport Document).
The CUSTOMER is required to return the goods within ten days from the date of receipt of the same. In this case, the only costs due by the consumer for exercising the right of withdrawal are the direct costs of returning the goods to the sender. The SELLER, on the other hand, undertakes to reimburse the CUSTOMER as soon as possible for the sums paid by the latter as payment for the price, deducting the shipping costs of 25 euros and in any case within thirty days from the date on which, having become aware of the exercise of the right of withdrawal by the CUSTOMER, receives the ordered goods, intact, at the address agreed with the PARTNER COMPANY of homylist.com. The CUSTOMER cannot exercise the right of withdrawal: a) in the case of supply of goods made to measure, clearly personalized or which, by their nature, cannot be returned or risk deteriorating or altering rapidly; b) in the event that the failure to collect the ordered goods is attributable to the absence of the CUSTOMER from the place of delivery or, in any case, to his delay or negligence.
14) EXCHANGE OF GOODS
The PARTNER COMPANY of homylist.com also grants the Purchaser the possibility to exchange goods, provided it concerns the same article. To request an exchange, the Purchaser must send an email to contatti@homylist.com within 10 (ten) working days from the date of receipt, specifying the code of the item or items they wish to exchange and indicating the replacement item.
Once the request is received, the Customer Service Office of the PARTNER COMPANY of homylist.com will send the Purchaser written confirmation, including the exchange authorization number. The Purchaser must indicate this exchange authorization number on the label attached to the package of the returned products. In any case, the transport costs for the exchange are the responsibility of the Purchaser. The PARTNER COMPANY of homylist.com will not bear the shipping costs necessary to send the replacement product. The PARTNER COMPANY of homylist.com reserves the right to request photographic evidence before authorizing returns or exchanges for products claimed to be defective. In the case of defective items, the PARTNER COMPANY of homylist.com will not cover the costs necessary for returning the products to its warehouses; the return must be arranged by the purchaser. No exchanges or returns will be accepted for products that have been tampered with or otherwise altered. It is the Purchaser’s responsibility to insure the transport of the returned goods for exchange; if not, in the event of theft or loss, the goods will not be refunded. Returns of sale items or custom-made items will not be accepted.15) PRIVACY POLICY AND PROCESSING OF PURCHASER DATA
homylist.com protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, no. 196. The personal and fiscal data acquired directly and/or through third parties by the Supplier, data controller, are collected and processed in paper, computer and telematic form, in relation to the processing methods with the purpose of registering the order and activating 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 (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003). homylist.com undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only upon request of the judicial authority or other authorities authorized by law. The personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, and that is the right to obtain: a) the updating, rectification or, when interested, the integration of the data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data were communicated or disclosed, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication. The communication of his/her personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer’s request cannot be processed. In any case, the acquired data will be stored for a period of time no longer than that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case be carried out in a secure manner. The owner of the collection and processing of personal data is homylitst.com, to whom the buyer can address the company headquarters.
16)COMMUNICATIONS AND COMPLAINTS
Pursuant to Article 12 of Legislative Decree 70/03, homylist.com informs the Purchaser that every order submitted is stored in digital form on the server hosting the website, in accordance with confidentiality and security standards.
17) CONTRACT STORAGE METHODS
Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the address
Data Controller
Owner’s email address: ceo-contattaci@homylist.com
The Buyer indicates in the registration form their residence and domicile, the telephone number or email address to which they wish the Supplier’s communications to be sent.
18) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions by the Buyer. These conditions may be updated or modified directly by transcribing the new rule on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page summarizing the order data has not yet been displayed and printed.
Contact information