{"id":21622,"date":"2023-04-14T17:23:11","date_gmt":"2023-04-14T15:23:11","guid":{"rendered":"https:\/\/alessandrom343.sg-host.com\/?page_id=21622"},"modified":"2025-01-29T12:39:13","modified_gmt":"2025-01-29T11:39:13","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/store.apocryphis.com\/en\/general-terms-and-conditions\/","title":{"rendered":"GENERAL TERMS AND CONDITIONS FOR ONLINE SALES"},"content":{"rendered":"[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1\/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” el_class=”condizioni” text_direction=”default”]GENERAL TERMS AND CONDITIONS FOR ONLINE SALES<\/strong><\/p>\n

Section I<\/u><\/em><\/strong><\/p>\n

ART. 1 – SUPPLIER IDENTIFICATION AND RELATED E-SHOP<\/strong><\/h4>\n

These General Terms and Conditions for Online Sales<\/em> applicable to web transactions managed through the site located at www.apocryphis.com\u00a0 (hereinafter referred to as \u201cWebsite<\/em>\u201d) regulate the offer and sale of goods (and\/or services) promoted online by Walter Colle\u2019s Apocryphis (hereinafter referred to as \u201cThe supplier<\/em>\u201d ), with registered office in 32043 Cortina d\u2019Ampezzo (BL) Piazza Silvestro Franceschi n. 4 (ITALY), registered in the Chamber of Commerce of\u2026\u2026.. registration number\u2026\u2026 Tax ID code CLLWTR82R08A083H, VAT number IT01268720255 Certified Electronic Mail (PEC) address apocryphis@pec.it<\/p>\n

ART. 2 DEFINITIONS<\/strong><\/h4>\n

Electronic Commerce Agreement<\/strong><\/h3>\n

Electronic Commerce Agreement<\/em> (hereinafter the “Agreement<\/em>“), means a sale of goods or service agreement under which the Supplier<\/em>, or its intermediary, offers goods or services through a website, or other electronic means, and the Purchaser<\/em> (consumer), places the order for such goods or services on this website, or by other electronic means organized by the Supplier<\/em>.<\/p>\n

Sales contract<\/strong><\/h3>\n

Any contract under which the Supplier<\/em> transfers, or undertakes to transfer, ownership of goods to the Purchaser<\/em> and the latter pays, or undertakes to pay, the price.<\/p>\n

Service contract<\/strong><\/h3>\n

Any contract, other than a sales contract, under which the Supplier<\/em> provides, or undertakes to provide, a service to the Purchaser<\/em> and the latter pays, or undertakes to pay, the price.<\/p>\n

Consumer code<\/strong><\/h3>\n

The reference legislation for consumer protection is dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the “Consumer Code<\/em>“).<\/p>\n

Purchaser<\/strong><\/h3>\n

The expression Purchaser<\/em> means the consumer, or user, natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.<\/p>\n

Supplier<\/strong><\/h3>\n

The term Supplier<\/em> means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or rather, one of his intermediaries.<\/p>\n

Producer<\/strong><\/h3>\n

The Producer<\/em> is the manufacturer of the finished good or of one of its components, as well as the producer of the raw material, as well as for agricultural products, of the soil and for those of breeding, fishing and hunting, respectively the farmer, the breeder, fisherman and hunter.<\/p>\n

Contract Compliance<\/strong><\/h3>\n

All those goods with respect to which, if pertinent, the following circumstances coexist:\u00a01)\u00a0\u00a0\u00a0\u00a0 are suitable for the use for which goods of the same type are normally used2)\u00a0\u00a0\u00a0\u00a0 conform to the description given and possess the qualities of the goods presented as a sample or model3)\u00a0\u00a0\u00a0\u00a0 exhibit the usual qualities and performance of goods of the same type, which the Purchaser<\/em> can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made about them by the seller, the manufacturer or by its agent or representative, especially in advertising or on labelling4)\u00a0\u00a0\u00a0\u00a0 are also suitable for the particular use desired by the Purchaser<\/em> and brought to the attention of the Supplier<\/em> at the time of conclusion of the Contract<\/em> and that the Supplier<\/em> has accepted also for conclusive facts<\/p>\n

Defective good<\/strong><\/h3>\n

A good is defective<\/em> when it does not offer the security that can legitimately be expected taking into account all the circumstances, including:\u00a01)\u00a0\u00a0\u00a0\u00a0 the way in which the good was put into circulation, its presentation, its obvious characteristics, the instructions and the warnings provided2)\u00a0\u00a0\u00a0\u00a0 the use to which the good can reasonably be destined and the behaviors that, in relation to it, can reasonably be expected3)\u00a0\u00a0\u00a0\u00a0 the time in which the good was put into circulation. A good cannot be considered as defective by the sole fact that another, more advanced good has subsequently been put into circulation at any time. A good is defective if it does not offer the security normally offered by other samples of the same series.<\/p>\n

Section II<\/u><\/em><\/strong><\/p>\n

ART. 3 – GOODS AND\/OR SERVICES OFFERED ONLINE COVERED BY THE CONTRACT<\/strong><\/h4>\n

3.1 With the Contract<\/em>, the Supplier<\/em> sells to the Purchaser<\/em>, who purchases, via telematic means, the goods and\/or services offered on the site.\u00a03.2 The aforementioned goods and\/or services are available on the site www.apocryphis.com, which provides the catalog of goods and\/or services promoted online by the Supplier<\/em>. These goods and\/or services are depicted\/represented on the site and their characteristics are highlighted. However, the Supplier<\/em> cannot guarantee a punctual and exact correspondence between the real consistency of the goods and\/or services promoted online and the relative representation on the Buyer’s monitor<\/em>. In the event of discrepancies between the image of the goods and\/or the representation of the services visible online and the relative information sheet, drawn up in writing, only the latter will prevail.<\/p>\n

ART. 4 – UPDATE OF THE ONLINE CATALOG AND AVAILABILITY OF GOODS<\/strong><\/p>\n

4.1 Through the computer system the Supplier<\/em> ensures the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sale<\/em>. To this end, the Supplier’s<\/em> electronic catalog will indicate in real time the goods available and those not available, as well as the estimated times for their shipment. The aforementioned computer system will confirm the order’s registration as soon as possible, sending the Purchaser<\/em> specific confirmation by e-mail (so-called Order Receipt<\/em>).\u00a04.2 Should an order exceed the effective stock availability, or be unavailable for other reasons, the Supplier<\/em>, by e-mail or telephone, will promptly notify the Purchaser<\/em> of the unavailability of the goods in question and, if possible, the waiting times to obtain it, asking again for confirmation of the order according to the different times indicated by the Supplier<\/em>.<\/p>\n

Section III<\/u><\/em><\/strong><\/p>\n

ART. 5 – CONCLUSION AND EXECUTION OF THE CONTRACT<\/strong><\/h4>\n

5.1 The Contract<\/em> between the Supplier<\/em> and the Purchaser<\/em> will be concluded exclusively online. After accessing the e-Shop<\/em>, the Purchaser<\/em> must follow the procedures\/instructions indicated therein to formalize the purchase of goods and\/or services by filling in the formats prepared by the Supplier<\/em>. If intending to purchase online, the Buyer<\/em> must duly select the desired goods and\/or services, one at a time, by placing them in the cart configured by the Supplier<\/em>. Once the desired goods and\/or services have been selected, the Purchaser will be asked to close his\/her cart by forwarding the list of desired references to the Supplier<\/em>. Before forwarding, a form will be displayed to confirm the purchase order for the goods and\/or services selected, with an indication of the relative prices, as well as the options given to the Purchaser<\/em>, who will be responsible for identifying the delivery, transport and payment methods for the execution of the Contract<\/em>. Through the order confirmation, the Purchaser<\/em> undertakes to check and validate, before sending it, his personal data, the goods\/services covered by the Contract<\/em>, their prices, with any shipping costs and\/or accessory charges, confirming the chosen payment methods and terms, the delivery address, as well as any other requested data. The format of the order confirmation informs the Purchaser<\/em> in advance about the execution times of the Contract<\/em>, drawing attention to the right of withdrawal, as well as to the other faculties reserved by law to the Purchaser<\/em>. Once the requested checks have been carried out, it will finally be up to the Purchaser<\/em> to select the interactive button – present in the lower part of the web page – by clicking on the box “Confirm the purchase order with obligation to pay<\/em>“, thus forwarding the order to the Supplier<\/em>.\u00a05.2 The online publication of goods and\/or services via the site constitutes a simple invitation to offer for the Purchaser<\/em> to formulate a purchase proposal; in this sense, the Purchaser’s<\/em> order, previously confirmed by the same, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale<\/em>, which the Purchaser<\/em> declares to know and accept. The order confirmation – punctually filled in and checked as instructed – will be confirmed by the Supplier<\/em> with a receipt to the Buyer’s<\/em> e-mail address for the sole purpose of confirming its receipt in the Supplier’s<\/em> computer system, which will thus start processing the order verifying the data provided by the Purchaser<\/em>, such as the availability of what is requested. The Supplier’s<\/em> receipt does not constitute acceptance of the purchase offer. This receipt – with the attached “Order Number<\/em>” to be used in all communications with the Supplier<\/em> – in addition to the information required by law re-proposes all the above data, which the Purchaser<\/em> will still verify by promptly communicating to the Supplier<\/em> any correction of the case. If there is an inaccurate indication of prices, or other characteristics of the goods and\/or services promoted online, such as the unavailability of the requested goods, the Supplier<\/em> will promptly notify the Purchaser<\/em>, inviting him to carry out – if still interested – rectification of the order or, upon cancellation of the previous one, new order, according to the methods that will be promptly communicated.\u00a05.3 The Supplier <\/em>has the right to accept, or not, the order sent by the Purchaser<\/em>, without the latter can make rights and\/or claims whatsoever, in any capacity, including compensation, in case of rejection of the order. The Contract<\/em> will only be concluded when a separate e-mail (or message in the communication center on the site or equivalent) of acceptance of the purchase proposal will be sent, which will also contain information relating to the shipment and the expected delivery date (Confirmation of Shipping<\/em>). If the order is processed in several shipments, the Purchaser<\/em> may receive separate and distinct Shipping Confirmations. However, the Buyer<\/em> may cancel his order before having received the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case no cost will be charged. The Purchaser’s<\/em> right of withdrawal is in any case subject to the terms and conditions set forth in Article 10 below.\u00a05.4 The\u00a0order will be intended\u00a0as completed upon receiving payment confirmation.\u00a05.5 If the procedure referred to in this article is not adequately complied with, the Contract<\/em> will not be concluded and it will be of no effect.\u00a05.6 For any error, misprint or problem in completing the online formats and, more generally, in carrying out the purchase procedures prepared by the Supplier<\/em>, the Purchaser<\/em> is invited to contact, without delay, the following e-mail addresses metal@apocryphis.com\u00a05.7 The Supplier<\/em> reserves the right to refuse or cancel orders that come from a user who has released false, incomplete or otherwise inaccurate identification data.\u00a0<\/strong><\/p>\n

ART. 6 – PAYMENT OF THE PRICE, TAXES AND ANY ADDITIONAL CHARGES<\/strong><\/h4>\n

6.1 The Purchaser<\/em> undertakes to pay the requested price for the goods and\/or services purchased online, according to the times and methods indicated on the site.\u00a06.2 The prices of the goods\/services promoted through the site, like any other charge\/expense concerning the invitation to offer, are expressed in Euros.\u00a06.3 Prices are inclusive of VAT and all other taxes. Shipping costs, as well as any additional charges, such as customs clearance, if any, while not included in the sale price, will be indicated and calculated by the Supplier<\/em> in the purchase procedure, before sending the order confirmation, and promptly specified in the summary of the order itself (order receipt<\/em>).<\/p>\n

ART. 7 – METHODS, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS<\/strong><\/h4>\n

7.1 Payment for goods\/services purchased online will take place according to the methods chosen by the Purchaser<\/em>, among those expressly permitted by the Supplier<\/em> and promptly specified in the section of the site. The use of the aforementioned payment methods does not involve any additional cost for the Purchaser<\/em>, without prejudice to any costs incurred by the Supplier<\/em>, duly proven and communicated to the Purchaser<\/em>.\u00a07.2 Any reimbursement to the Purchaser<\/em> will be credited using one of the methods proposed by the Supplier<\/em> and chosen by the Purchaser<\/em>, and, in the event of his or her withdrawal, within a maximum of 14 days (fourteen days) from when the Supplier<\/em> has received formal communication of the withdrawal. However, the Supplier<\/em> may postpone the refund until receipt of the goods, or, in any case, until the Purchaser<\/em> has provided adequate proof of having sent it back (see art. 10.4 below).<\/p>\n

ART. 8 – DELIVERY METHODS, TIMES AND COSTS<\/strong><\/h4>\n

8.1 The Supplier<\/em> shall deliver the ordered goods, without unjustified delay, at the latest, within 30 days (thirty days) from the date of conclusion of the Contract<\/em>, with the methods indicated on the website, or, alternatively, chosen by the Purchaser<\/em>.\u00a08.2 If the Supplier<\/em> is unable to carry out the shipment within the deadline referred to in the previous paragraph, he will promptly notify the Purchaser<\/em> by e-mail or by telephone, provided that such contact details have been provided during the online registration and forwarding of the order.If the goods and\/or services offered online are dematerialized, such as, for example, in the case of e-books<\/em>, or other music files, the related “delivery and\/or performance<\/em>” will usually be managed by the Purchaser<\/em> via download. In this case, an adequate technical time not exceeding 24 hours must elapse between the forwarding of the order confirmation and the following download to process the request, proceeding with the accounting and\/or collection of the due.<\/p>\n

ART. 9 – METHODS OF CONSERVATION\/ARCHIVING OF CONTRACTUAL DOCUMENTS<\/strong><\/h4>\n

9.1 Pursuant to art. 12 Legislative Decree 70\/2003, as well as the articles 50-51 Consumer Code<\/em>, the Purchaser<\/em> is informed that each order sent online will be stored and archived in digital and\/or paper format at the Supplier’s<\/em> premises, according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Purchaser<\/em> is invited to contact the Supplier<\/em> at the following address metal@apocryphis.com\u00a09.2 The Purchaser <\/em>is invited to file on his device, in an appropriate digital format, both the Order Receipt and the Shipping Confirmation sent by the Supplier<\/em>, as well as these General Terms and<\/em> Conditions of Sale online<\/em>, printing them in any case.<\/p>\n

Section IV<\/u><\/em><\/strong><\/p>\n

ART. 10 – TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL, GUARANTEES AND LIMITATIONS OF LIABILITY<\/strong><\/h4>\n

10.1 The Purchaser<\/em> has the right to withdraw from the Contract<\/em>, without penalty and without specifying the reason, within 14 (fourteen) calendar days, starting from the day on which the same or a third party delegated by him has acquired physical possession of the good, or, in the case of a service contract<\/em>, from the day of conclusion of the Contract<\/em>.\u00a010.2 If the Purchaser<\/em> intends to exercise the right of withdrawal, he must notify the Supplier<\/em> by a specific communication sent via Registered Letter, to the Supplier’s<\/em> address or by sending it by Post Certified Electronics (PEC) at the following e-mail address apocryphis@pec.it\u00a010.3 The return of the goods by the Purchaser<\/em> must take place, without delay and, in any case, within 14 days (fourteen days) from the date of sending the notice of withdrawal to the Supplier<\/em>. The only expenses payable by the Purchaser<\/em> to exercise the right of withdrawal will be those aimed at returning the goods to the Supplier<\/em>, who prescribes the adoption of every possible precaution in proceeding with the shipment, using the original wrappings and packaging of the goods, or in any case equivalent packaging which preserve the integrity of the goods and protect them adequately during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address 32043 Cortina di Ampezzo (BL) Piazza Silvestro Franceschi, n. 4 (ITALY)\u00a010.4 The Supplier<\/em> will refund the price of the goods for which the right of withdrawal has been exercised within 14 days (fourteen days) from receipt of the notice of withdrawal by the Purchaser<\/em>. In principle, the Supplier<\/em> will use the same means of payment chosen by the Purchaser<\/em> for the initial transaction, unless the Purchaser<\/em> himself has arranged otherwise, in which case any additional costs deriving from the different means of payment will be exclusively borne by the Purchaser<\/em>. The Supplier will be entitled to withhold the refund until receipt of the goods, or until the Purchaser<\/em> has provided proof of having returned it.\u00a010.5 If the returned goods are damaged, or show signs of wear connected to manipulations that are not strictly necessary to immediately and directly establish their nature, characteristics and relative functioning, the Supplier<\/em> will withhold from the refund an amount corresponding to the decrease in the relative value. Therefore, in the event that the returned goods are damaged (for example in the presence of abrasions, scratches, or other deformations, etc.), or not complete with each element or its accessory (including labels, tags, etc.), not accompanied by attached instructions\/notes\/manuals, original (or, in any case, adequate) packaging and\/or packaging, or by the relative guarantee certificates (where present), the Purchaser<\/em> will be liable for the decrease in the value of the good, with the right to a refund for an amount equal to the residual value of the good itself.\u00a010.6 Once the communication with which the Purchaser<\/em> expresses his will to exercise the right of withdrawal has been received from the Supplier<\/em>, all obligations connected to the Contract<\/em> will cease, without prejudice to the provisions of this Article.\u00a010.7 Exceptions to the right of withdrawal pursuant<\/em> to art. 59 of the Consumer Code<\/em>, the right of withdrawal of the Purchaser-consumer<\/em> (so-called rethinking) is to be excluded in the presence of certain cases. The Purchaser-consumer<\/em> will therefore not be able to exercise any reconsideration in the contracts for the sale of audio-visual products.<\/p>\n

ART. 11 – GUARANTEE OF CONFORMITY, NOTIFICATION AND ACTIVATION OF SAFEGUARDS; ANY OTHER GUARANTEES<\/strong><\/h4>\n

11.1 The Conformity of the goods to the Contract<\/em> is guaranteed to the Purchaser<\/em> within the two-year term (2 years) from their delivery. Unless proven otherwise, any lack of conformity that occurs within 6 months (six months) from the date of delivery of the goods are presumed to already exist on that date, unless this is incompatible with the nature of the goods or with the lack of conformity in question.\u00a011.2 In the absence of Conformity of the goods to the Contract<\/em>, the Purchaser<\/em> may request, alternatively and without charge, the repair or replacement of the purchased goods, or a reduction in the price, or the termination of the Contract<\/em>, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, Consumer Code<\/em>. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the agreed terms or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser<\/em>, the latter may request, at his or her choice, a price reduction or termination of the Contract<\/em>.\u00a011.3 The Purchaser<\/em> forfeits any right connected to the Conformity of the goods to the Contract<\/em> if he does not report the lack of conformity complained of to the Supplier<\/em> within 2 months (two months) from the date of its discovery. Not required if the Supplier<\/em> has expressly acknowledged the defect, or has consciously concealed it, the complaint must specify the non-compliance found, as well as at least a photograph of the item in question, all accompanied by the Supplier’s tax receipt proving the purchase.\u00a011.4 The Purchaser<\/em> must send the complaint, and related requests, alternatively to one of the following addresses:1)\u00a0\u00a0\u00a0\u00a0 for communications via registered letter with return receipt2)\u00a0\u00a0\u00a0\u00a0 or, by PEC, to the following certified apocryphis@pec.it Once the complaint\/request and related documentation has been received, the Supplier<\/em> will evaluate the non-conformity reported by the Purchaser<\/em> and, after carrying out the preliminary investigations of the case, will authorize, or not, the return of the goods by providing the Purchaser<\/em> with a “Return Code<\/em>“, sent by e-mail to the address provided during the order transmission. However, the authorization to return the goods does not constitute acknowledgment of the non-conformity, the existence of which will be ascertained only after the return of the goods. The good itself – the return of which the Supplier<\/em> has authorized – must be returned to the address expressly indicated, together with a copy of the return authorization bearing the “Return Code<\/em>” and in full compliance with the precautions referred to in Art. 10.3.\u00a011.5 If the Supplier<\/em> is required to reimburse the Purchaser<\/em>, in whole or in part, for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Purchaser<\/em> at the time of purchase of the goods, or, alternatively, by bank transfer. The Purchaser<\/em> shall be responsible for providing the Supplier<\/em> with the bank details where the transfer will be made at the time of the complaint\/request and to ensure that the Supplier<\/em> is in the position to return the amount due.<\/p>\n

ART. 12 – UNATTRIBUTABLE DEFAULTS AND UNAUTHORIZED PAYMENTS<\/strong><\/p>\n

12.1 The Supplier<\/em> is not responsible for the failed or delayed execution of the Contract<\/em> if this depends on disservices attributable to force majeure, unforeseeable circumstances, or in any case not attributable to the Supplier<\/em>. Except for the hypotheses referred to in art. 1229 of the Civil Code, no compensation will be due to the Purchaser<\/em>, who will only be entitled to the full refund of the price paid and any accessory charges incurred.\u00a012.2 The Supplier<\/em>, having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the moment in terms of online transaction security – assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, checks or other means of payment, attributable to willful or negligent conduct of the Purchaser<\/em> with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.\u00a0<\/strong><\/p>\n

ART. 13 – DEFECTIVE PRODUCTS, ALLOWABLE DAMAGES AND RELATED BURDENS OF PROOF<\/strong><\/h4>\n

13.1 The Producer<\/em> is liable for damages caused by defects in the goods promoted\/transferred through the site. Pursuant to art. 116 of the Consumer Code<\/em>, the Supplier<\/em> will be responsible for the damage caused by a defect in the goods sold, if he fails to inform the damaged party, within three months of the request referred to in the third paragraph below, of the identity and domicile of the Producer<\/em>, or of the intermediary who supplied him with the good in question.\u00a013.2 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 good, provided that it is normally intended for private use or consumption and used by the damaged party in this sense. In the latter case, pursuant to art. 123 of the Consumer Code<\/em>, damage to anything other than defective goods will be refundable only to the extent exceeding the sum of \u20ac387.00 (three hundred-eighty-seven-euros). In any case, it will be up to the damaged party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.\u00a013.3 The request for damage, drawn up exclusively in writing, must promptly specify the asset that caused the damage, as well as the date and place of the related purchase. Furthermore, if it still exists, it will be the damaged party’s responsibility to offer the good in question for viewing, according to the indications given by the Manufacturer<\/em>, or Supplier<\/em>, or by third parties indicated by them.\u00a013.4 Compensation for damages will be excluded if the damaged party, while aware of the defect in the goods and of the associated dangers, nevertheless voluntarily exposed himself to them. In the presence of fault of the damaged party – who using ordinary diligence could have avoided the damage suffered – the requested compensation will be excluded or reduced in proportion to the seriousness of the fault attributable to the victim.\u00a013.5 Any liability for the consequences deriving from defective goods is to be excluded if the defect itself is attributable to conformity of the good to an imperative legal rule, or other binding provision, or if the state of scientific and technical knowledge, at the time the asset was put into circulation, did not yet allow it to be considered defective.<\/p>\n

ART. 14 \u2013 SPECIFIC HYPOTHESES OF AUTOMATIC TERMINATION OF THE CONTRACT<\/strong><\/h4>\n

14.1 The timely payment of goods and\/or services purchased online, pursuant to Art. 6.1 of these General Conditions of Online Sale<\/em>, such as the payment of any additional charges and\/or commitments referred to in Art. 6.3, are essential obligations of the Contract<\/em>.\u00a014.2 If not justified by unforeseeable circumstances or force majeure, the non-fulfilment of the aforementioned obligations will result in the automatic legal termination of the Contract<\/em> pursuant to art. 1456 code civ., without the need for a judicial ruling.<\/p>\n

ART. 15 – DRM REMOVAL \/ DIGITAL RIGHTS MANAGEMENT<\/strong><\/p>\n

15.1 The circumvention or removal, or any attempt to circumvent or remove, the technological measures applied by the Supplier<\/em> on the audio files (for example watermarks), following their upload, in order to make the audio files protected, identifiable or traceable, is expressly prohibited. \u00a015.2 Any violation of this prohibition will be prosecuted according to the law.\u00a015.3 The files, once purchased, can be downloaded without the above technological measures.<\/p>\n

Section V<\/u><\/em><\/strong><\/p>\n

ART. 16 – PROCESSING OF THE BUYER\u2019S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION)<\/strong><\/h4>\n

16.1 The Supplier<\/em> protects the Purchaser’s<\/em> personal data, guaranteeing full compliance of their treatment with the reference legislation and, in this case, with Regulation 679\/2016 (1) as well as with the relevant national regulations (Privacy Code<\/em>, as last amended by Legislative Decree 101\/2018).\u00a016.2 By referring, for details, to the Information on the processing of\u00a0 personal data<\/em> on the website<\/em> and related Extended information on the use of cookies<\/em>, it is anticipated that the personal data acquired directly and\/or indirectly through the site will be collected and processed electronically \/ IT and if necessary on paper, with the following main purposes:1)\u00a0\u00a0\u00a0\u00a0 register the order2)\u00a0\u00a0\u00a0\u00a0 proceed with the execution of the Contract<\/em> and related communications3)\u00a0\u00a0\u00a0\u00a0 comply with legal obligations4)\u00a0\u00a0\u00a0\u00a0 manage commercial relationships to better perform the requested services. The correct and timely communication of the Purchaser’s<\/em> personal data is a necessary condition for the punctual execution of the Contract<\/em> by the Supplier<\/em>, which, failing that, will not be able to process the Purchaser’s<\/em> order.<\/p>\n

Section VI<\/u><\/em><\/strong><\/p>\n

ART. 17 – CONTACT DETAILS OF THE SUPPLIER AND THE PURCHASER<\/strong><\/h4>\n

17.1 For each request, please refer to the following contact details: metal@apocryphis.com Official communications addressed to the Supplier<\/em>, as well as any complaints from the Purchaser<\/em>, will be valid only if sent by Registered Letter in 32043 Cortina d\u2019Ampezzo (BL) Piazza Silvestro Franceschi n. 4 (ITALY) or sent by e-mail to the following certified e-mail address (PEC) apocryphis@pec.it\u00a017.2 When registering on the site<\/em>, or at the latest in the order confirmation form, the Purchaser<\/em> indicates his residence or domicile, the relative telephone numbers and the e-mail address to which communications from the Supplier<\/em> will be sent. For instructions in this regard, please refer to the Art. 12 of the General conditions of use\/website navigation<\/em>.<\/p>\n

ART. 18 – AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE SITE<\/strong><\/h4>\n

18.1 The site and related services can be used in Italian. In addition to the aforementioned version, the site can also be consulted in English.\u00a018.2 These General Conditions of Online Sale<\/em> are available in Italian and in English. If translated into other languages, the only authentic version will be the one in Italian. As regards the mandatory rights referred to in Art. 20.1, regardless of the authentic language, the interpretation most favorable to the final consumer Purchaser<\/em> will prevail in any case.\u00a018.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the site promotes goods and\/or services mainly intended for the national market. Orders from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, the delivery will take place at the headquarters of the Supplier\/Manager<\/em>. In any case, the Supplier\/Manager<\/em> reserves the right to suspend\/terminate, with short notice and without penalty, any promotion, marketing, sale, supply of goods and\/or services via the site, in the event of legal\/ fiscal\/customs obstacles, or, in any case, in the event of an objective obstacle (and not subjective, connected only to the geolocation of the User<\/em>), that preclude the receipt of the order and\/or the execution of the Contract<\/em> with Users<\/em> residing or domiciled in third countries.\u00a0Section VII<\/u><\/em><\/strong>\u00a0<\/em><\/strong><\/p>\n

ART. 19 – OUT-OF-COURT ONLINE DISPUTE RESOLUTION<\/strong><\/h4>\n

19.1 As per EU Regulation 524\/2013, the Purchaser<\/em> is informed of the right to defer the resolution of any dispute with the Supplier<\/em> – regarding the offer and purchase of goods and\/or services promoted online – to active entities\/companies\/offices in alternative dispute resolution (so-called ADR – Alternative Dispute Resolution<\/em>), through simple, rapid and economic web procedures (so-called ODR – Online Dispute Resolution<\/em>).\u00a019.2 For any information on the aforementioned ODR<\/em> procedures, please visit the following site: Online dispute resolution<\/em>.\u00a019.3 The resolution of any dispute arising and\/or connected to this Contract<\/em> may, however, be devolved to an attempt at mediation\/conciliation at ……………………… which will decide in accordance with the relevant mediation\/conciliation Regulation. For any further information on the point, please visit the following website \u2026.\u00a0<\/strong><\/p>\n

ART. 20 – COMPETENT JUDGE AND LAW APPLICABLE TO THE CONTRACT<\/strong><\/p>\n

20.1 Any dispute between the Supplier<\/em> and the Purchaser<\/em> relating to the Contract<\/em>, and its execution, will be governed by Italian law and administered, except for exceptions, by the judges of the Consumer Forum<\/em>. In any case, the Purchaser<\/em> will be guaranteed the rights conferred by the mandatory rules a consumer protection law applicable in the relevant country of residence and\/or domicile.\u00a020.2 For the reference standards as to the competent court and the law applicable<\/em> to the Contract<\/em>, please refer to art. 66 bis<\/em> of the Consumer Code<\/em>, in art.18 of EU Reg. 1215\/2012, in art. 6 of EU Reg. 593\/2008, as, finally, in the articles 3 and 57 of Law no. 218\/19.[\/vc_column_text][\/vc_column][\/vc_row]\n","protected":false},"excerpt":{"rendered":"

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