Personal data processing for your purchases
These general terms and conditions ("Conditions") govern the sale and supply of the Products by New Coba SRL. (below indicated as "Geometria Sacra"), with registered office in Via Torino n. 100/102, 10060 Airasca (TO), share capital of € 12,000.00 fully paid up, tax identification number and registration number in the Turin Register of Companies TO-933718, VAT number 07943370010.
2. The contract between the User and Geometria Sacra
2.1 The sending of the purchase order ("Order") by the User involves the full knowledge and acceptance of these Conditions.
2.2 There is no commitment between the User and Geometria Sacra until Geometria Sacra has sent an e-mail to the User (at the address indicated by the User) in which the correct receipt of the Order is confirmed, together with the printable version of these Conditions and a summary of all information on the Product and the Service that have been provided to the User immediately before sending the Order. There will be no commitment between the User and Sacred Geometry, and therefore no contract can be considered concluded, in case of errors or evident and recognizable inaccuracies are committed, in the process of filling the Orders, for facts attributable to the User or Geometria Sacra, such as - merely by way of non-exhaustive example - errors or inaccuracies relating to the User's Data (including the address indicated for delivery) or related to the identification and/or selection of the Products and/or the relative quantities and/or relative price. Geometria Sacra reserves the right to check the correctness of the prices of the products indicated in the catalog before shipping them and, in the event of an error, the Order will be canceled. In the event of difficulties to found the address indicated for delivery, the User will be notified to make direct contact and find an alternative way of delivering the Product or to obtain full refund of amounts paid, excluding shipping costs.
For the purposes of these Conditions - in addition to the terms elsewhere defined - is defined;
- "Geometria Sacra Helpline" for the telephone number (+39) 011 990 8568 active from Monday to Friday from hours 8.30 at 18.30 www.geometriasacra.shop/it/
- "Catalog", for the set of Products that can be purchased by the User through the Portal / Website;
- "Consumer Code", for the D. Lgs. 6.9.2005, n. 206;
- "Conditions", for the general conditions of contract - as well as subsequently modified or supplemented in accordance with the following article 12 - together with the relative attachments and other information published on the Portal, which are an integral and substantial part, with which the supply of the Service is regulated between Sacred Geometry and the User;
- "Consumer", for - pursuant to and for the purposes of art. 3 of the Consumer Code - the natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out;
- "Data", for the data communicated by the User and necessary for the execution of the obligations, including tax, required by law in the time applicable for the provision of the Service;
- "Service Provider", for Geometria Sacra;
- "Payments Provider", for PayPal, that - duly authorized according to the laws in force - provides the payment service through the use of the credit card of the User;
- "Order", for the purchase order submitted by the User in relation to one or more Products, by clicking - after completing the required fields and choosing the payment method - on the "Order with Payment Obligation" button;
- "Part", for Geometria Sacra or the User individually;
- "Parts", for Geometria Sacra or the User collectively;
- "Portal", for the Website "www.geometriasacra.shop";
- "Product", means each of the products that can be purchased through the Portal, as better specified in the Catalog, including, for example, pendants, metal items for furnishing, other product categories;
- "Registration Form", means the registration form on the Portal through which the User enters his data in order to create an account and take advantage of the Service;
- "Product details", means all the descriptive information of the Product, including the price, availability and the indicative term in which delivery is scheduled;
- "Service", means the sale and supply service to the User of the Products distributed through the Portal, as better specified in the Catalog, to be intended as an integral and substantial part of these Conditions;
- "User", means the natural or legal person who, upon correct and truthful registration of his Data and, in addition, the payment of the fee referred to in Article 6 below, benefits from the Service.
4.1 These Terms and Conditions have as their object the provision of the Service, in non-exclusive way, by Geometria Sacra, concerning the Products, whose detailed information can be found in the Catalog and in the individual Product Details.
4.2 In case of non-availability of the Product during the Order's processing, Geometria Sacra will inform the User by e-mail and consequently update the Order with the elimination of the unavailable Product. The other Products covered by the Order (where available) may be sent according to the times indicated in the Product Data Details except in cases of unavailability of the same as clarified in Article 7 below. It is understood that if all the Products covered by the Order are not available,
5. Users Service
For commercial information on the different methods of supply of the Service, on the exercise of the right of withdrawal pursuant to the following art. 9 and on the legal guarantee of conformity referred to in the following art. 10, it is possible to contact the Customer Service by calling the Geometria Sacra Helpline or by sending an e-mail from: www.geometriasacra.shop/en/contact-us or directly to email@example.com.
6. Charges and Methods of Payment
6.1 The payment methods available are:
- Bank transfer;
- Credit card (via PayPal circuit);
6.2 The prices of the Products are clearly indicated on the Product Details, in Euro, and are inclusive of VAT. The cost of each product can be added to the price of Shipment (amount indicated on the Portal), the amount of which may vary depending on the mode of delivery requested, the place of destination of the shipment or the price of the individual Product or the set of Products indicated in the Order. In the event that the Product is not available or becomes unavailable during the course of the Order, the User will be informed by a communication addressed to the e-mail indicated in the Registration Form. Following the communication of non-availability of the Product, Geometria Sacra will refund to the User of the payments received in relation to the Product not available without undue delay with updating of the related Order, where no payments of the price of the not available Product, no amount will have to be paid to User.
7. Delivery of Products
Geometria Sacra will deliver the Products indicated in the Order to the address indicated by the User. All delivery times shown on Geometria Sacra website are estimates based exclusively on availability, the normal processing of the Order and delivery times declared by the carriers: each Product indicates, on the Product Details, a standard time of availability. This is the minimum estimated time as needed to make the Product available for delivery. Naturally, the actual shipping time could deviate from the time indicated in the Product Details as it will depend on the behavior of the carriers; under the following Conditions it is in fact indicated the maximum time within the Product will be delivered to the User except in exceptional cases that will be communicated via e-mail from Geometria Sacra.
8. Payments security
8.1 On the Portal, payments are and will remain protected by an advanced system of data defense on the network. The payment by credit card takes place on a secure server managed by a third party company, specialized and duly authorized under the laws in force to perform such service: therefore, the data related to the credit card are processed exclusively by the Payments Provider (PayPal). Geometria Sacra will not have access to credit card data (card number, holder, expiry date, security codes), but will only manage User Data.
8.2 No responsibility can be attributed to Geometria Sacra for any fraudulent use by third parties of the data relating to the User's credit card: in such case, the user must immediately contact the Payments Provider and possibly the competent Authority.
9. Right of withdrawal
9.1 Pursuant to and for the effects of art. 54 of the Consumer Code, the User acting in the quality of Consumer, within the term of 14 (fourteen) days from delivery of the Product may exercise the right of withdrawal, obtaining a full refund of the amounts paid for the purchase of the Product, excluded delivery costs incurred. In the event that the User has chosen to deliver the Order with multiple shipments, or in the case of a Product consisting of multiple lots or pieces to be delivered with multiple shipments, the term to exercise the withdrawal will start with the delivery of the last product.
9.2 To exercise the right of withdrawal, the User must forward, within the deadline indicated in paragraph 9.1 above, the appropriate form published on the Portal, and downloadable HERE or a communication of similar content by registered letter with return notice, or with communication by fax or e-mail, to the following addresses:
Geometria Sacra - Via Torino, 100/102 - 10060 Airasca, Torino (Italia) fax n. (+39) 011 990 8933 email address e-mail firstname.lastname@example.org
9.3 Within the 14 (fourteen) days following the date of the communication of the withdrawal, the User must send the Product back to the following address with traceable shipping:
Geometria Sacra Via Torino, 100/102 10060 Airasca Torino (Italia)
bearing entirely the relative shipping costs. Once the Product has been received or in any case, if the User has forwarded proof of the shipment of the Product, Geometria Sacra will refund it using the payment method chosen by the User at the time of Order.
9.4 The User can not exercise the withdrawal governed by this article for the Products that are among the cases of exclusion pursuant to art. 59 of the Consumer Code and in particular: in the case of purchase of custom or custom-made goods, goods that are liable to deteriorate or expire rapidly, goods sealed for hygienic/health reasons once opened after delivery, audio recordings or computerized video and software once opened after delivery.
10. Legal guarantee of conformity
10.1 Geometria Sacra reminds the User that all Products are covered by warranty in case of defects or manufacturing defects. In particular, the User acting in the quality of Consumer is entitled to the legal condition of conformity pursuant to articles 129, 130 and 132 of the Consumer Code of the following paragraphs of this article 10. The User who is not Consumer (ie the natural or legal persons who purchased the Products in the exercise of their business, commercial, craft or professional activity, also by requesting an invoice (with indication of their VAT) will still be entitled to the warranty for defects pursuant to Article 1490 of the Civil Code and following ones.
10.2 Geometria Sacra is responsible towards the User acting in the quality of Consumers for any lack of conformity of the Product within the term of 2 (two) years from the delivery of the Product. The User, under penalty of forfeiture, must report the defect to Geometria Sacra in the manner indicated in the following paragraph 10.3 within 2 (two) months from the discovery of the defect.
10.3 The Products must be sent to the address indicated below with exclusive costs borne by the User:
Geometria Sacra - Via Torino, 100/102 10060 Airasca - Torino (Italia)
11. Special conditions on the right of withdrawal and guarantees
Geometria Sacra is not responsible for damages resulting from an incorrect application of the instructions relating to the Product. This warranty does not apply and Geometria Sacra is not liable for damages to third parties and damage to the Products or parts thereof caused by: a) accidents, abuse, misuse, incorrect application, flooding, fire, earthquake or any other external cause; b) changes to the Products or to parts of them made without the consent of Geometria Sacra. In addition, the warranty does not apply to exhaustible parts, including batteries, except where there is damage due to defects in materials and production. The guarantee will not be operative in case any serial number/identification of the Product has been removed or made illegible. Geometria Sacra is not in any case responsible for any damage resulting from the use of the Product for purposes other than indicated.
12. Change of the Conditions
Geometria Sacra undertakes to provide the Service in the manner, at the conditions and at the price indicated on the Portal. Geometria Sacra reserves the right to modify or supplement these Terms by publishing them on the Portal: changes to the Conditions will be effective from the time of publication on the Portal.
13. Responsibility of the User
13.1 The User declares and guarantees: (i) to be of legal age (if a natural person); (ii) that the Data provided by the same for the execution of the Service are correct and true; (iii) which will update the Data provided to Geometria Sacra whenever necessary; (iv) to have the power to bind the legal person represented by the same (if a legal person).
13.2 The User undertakes not to use the Service offered in an illicit or unauthorized manner.
13.3 The User ensures that the information provided in the Registration Form and at the time of the Order is in its legitimate availability and does not infringe any third party rights.
14. Limitation of liability
14.1 In any case, the responsibility of Geometria Sacra is excluded for the missed or delayed supply of the Service resulting from circumstances beyond its control or causes of force majeure, including, by way of example but non-exhaustive, natural disasters, weather conditions, sabotage, fires, floods, earthquakes, strikes, the faulty operation of the Service resulting from the incorrect operation of telephone lines, electricity and global and/or national networks, such as, for example and not exhaustive, failures, overloads, interruptions.
14.2 Without prejudice to the provisions of article 14.1 above, the Parties agree and mutually acknowledge that in any and in any case the responsibility of Geometria Sacra cannot exceed the sums paid by the User to Geometria Sacra for the provision of the Service.
15. Intellectual property
All information, data, news, all trademarks, all programs and/or technologies and/or any type of content transmitted by Geometria Sacra in the execution of the Service, are reserved and protected. The User is therefore authorized to use the aforementioned data, information, news, and content, for personal use only, not to distribute, diffuse, dismiss or transfer by any means, including electronic, publication, transfer to third parties for any reason, said contents.
16. Prohibition of assignment
These Terms and the Service relating thereto and consequent, are strictly personal and, therefore, the User does not have the right to cede, in whole or in part, or to transfer these Terms to any rights to third parties, without the preventive and explicit written consent of Geometria Sacra.
17. Applicable law and jurisdiction
17.1 The Service will be governed, in addition to these Conditions, by Italian law and, in particular, with exclusive reference to the User who can qualify as a Consumer, by the provisions of Chapter I of Title III of Part III of the Consumer Code.
17.2 Any dispute that may arise between the Parties regarding the validity, interpretation or execution of these Conditions will be subject to Italian jurisdiction. Except as provided by the art. 66-bis of the Consumer Code and in any case if the User can not qualify as a Consumer, for the resolution of the disputes arising between the Parties will be exclusively competent jurisdiction.
17.3 For the out-of-court resolution of disputes arising in relation to consumer contracts governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and pertaining to these General Terms, the User may resort to the procedures for mediation pursuant to Legislative Decree no. 28/2010, or may use the ADR bodies through the online dispute resolution ODR platform, established and managed by the European Commission, and accessible through the following link http://ec.europa.eu/consumers/odr/. From February 15, 2016, consumers and professionals have access to a new platform for online dispute resolution (ODR, Online Dispute Resolution). With the Directive 2013/11 / EU (implemented in Italy last August 2015) a system was introduced whereby consumers can, on a voluntary basis, file complaints against professionals before bodies offering independent, impartial, transparent procedures, effective, rapid and fair resolution of disputes. The Consumer Code was therefore amended by adding a part concerning the out-of-court settlement of disputes between professionals and consumers. At EU level, following the European regulation 524/2013 on online consumer disputes, a dedicated ODR platform was created (from mid-February 2016) at the following link http://ec.europa.eu/odr. The new online platform will be multilingual and will work in this way: the consumer will fill an online form and forward it to the ODR platform. The interested party will receive the complaint and, after identifying the alternative dispute resolution body (for example in a chamber of commerce) to be involved, the documentation concerning the dispute will be automatically transmitted by the online platform to the said body. The body to which the complaint will be sent will communicate without delay to the parties if they accept or disagree with the dispute. The physical presence of the parties or their representatives will not be necessary, unless the procedural rules of the body involved provide for it and the parties agree. The decision must be taken within 90 days of the receipt of the complaint by the alternative dispute resolution body that has agreed to take charge of the dispute. All these remedies are added and do not replace those already provided for by law.
18. Illegality of terms and conditions
If for any reason a part of these Conditions are invalid or ineffective, the validity and effectiveness of the remaining terms and conditions will be fully retained.
19. Personal data processing
19.1 As further explained in the Privacy Notice to which express reference is made, New Coba SRL as the data controller, guarantees that the Data provided by the User by completing the Registration Form will be processed in compliance with the provisions of the Legislative Decree. no. 196/2003 ("Privacy Code") and any other current legislation regarding privacy, such as the European Regulation EU / 2016/679.
19.2 Without prejudice to the rights recognized by art. 7 of the Privacy Code, the User Data will be processed in the manner and for the purposes indicated in the Privacy Notice and for which the User has given his consent. Specific approval clauses pursuant to Article 1341 and 1342 of the Civil Code.
The User declares to approve specifically the following clauses:
14- Limitation of liability; 17- Applicable law and jurisdiction.
Right of Return
Guarantees and right of withdrawal
If for any reason you are not satisfied with the products received, you can change them or be reimbursed. You will have 14 days from the date of delivery of the products to exercise the right of withdrawal, with the methods indicated in the art. 6. Returned products must be returned together with the transport document, behind which the reason for the return must be written. Shipping by registered post or in any case a traceable shipment is strongly recommended. The shipping costs are at your expense, except in case you have received defective, damaged or incorrect products. Sacred geometry, upon receipt of the return, will refund the amount paid.
For information you can contact the telephone number (+39) 011 990 8568 from 8.30 to 18.30 on weekdays or send a message to the e-mail address 'email@example.com' or to the address below to which you must send also products with costs at your expense:
Geometria Sacra - Via Torino, 100/102 10060 Airasca - Torino (Italia)
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.