Regulations

The methods of payment for shopping online are:

Bank transfer
Credit card via fax
Paypal

Products are shipped by:

Express Courier: 8.00 euros flat rate; delivery 1-2 days

After placing your order, for those who decide to pay by credit card, print the order form, write your card information and sign the order then fax it to +39 0583 466778. Upon receiving the order CINOTECNICA will send confirmation that your order has been received and we will send the merchandise within 2 days of the confirmation. The client should verify the integrity of the merchandise upon receipt and if it is damaged he must refuse the package by indicating the reason for refusal on the shipping form.

CONDITIONS OF SALE

Effective from the current calendar year (2004), canceling and substituting the previous (The present conditions are reported on the D.Lgv. n° 70 of 04/09/2003).

1. DEFINITIONS

By ‘consumer’ we mean the “physical person” who buys the goods and services from the provider (CINOTECNICA) the “juridical person” that sells goods and services through online sales, that is the contract stipulated exclusively in the environment of the system for communication of information at a distance called the “Internet”.

2. CHARICTARISTICS OF GOODS OR SERVICES

The essential characteristics of the goods or services referred to in the present contract, are described in detail in the online catalog.

3. SALE PRICE

All of the sale prices of the products indicated in the online catalog include I.V.A. (VAT) and all other taxes, with the exception of shipping which varies depending on the type of shipping selected, and which will be automatically calculated by the system.

4. DURATION OF VALIDITY OF THE OFFER AND PRICE

The products are priced as indicated in the online catalog, eventual modifications or revocation of offers will be governed by art. 1336 C.C

5. METHOD OF PAYMENT

The consumer can pay for the merchandise with the method chosen at the time the order is placed:

Bank transfer
Credit card via fax
Paypal

6. TERMS OF THE AGREEMENT

The contract will come into effect when the consumer has completed the following steps

Filled out the online form with his or her personal information.
elected the type of payment.
Sent the order with the type of payment and shipping desired.

When the consumer concludes the online purchasing process he or she is obligated to print and maintain the order form. It is prohibited to put false or invented information in the online order form; The personal information and the e-mail address must belong exclusively to the consumer and can not be the personal information of a third party or false information. The vendor reserves the right to prosecute any violation or abuse, in the interest and for the protection of the consumers. The consumer declares to reside at the address indicated on the online form. The consumer, by filling out his or her own telephone, fax and e-mail address, gives permission for the vendor to use these methods means to communicate with him or her.

7. MEANS OF DELIVERY

Confirming the maximum general limit determined by art. 6 of D.Lgv. N° 185/1999, the merchandise ordered will be delivered to the consumer by courier or the vendor’s reliable shipping service or by the express mail (“posta celere”) of Poste Italia, possibly within two days from the day after confirmation of payment has been received. Eventual delays cannot constitute a motive for cancellation or expiration of the contract or for reimbursement of payment, except when provided for by article 6 of the D.Lgv. N° 185/1999. The vendor guarantees the availability of products listed in the online catalog at the moment of publication, but cannot guarantee that the eventual re-orders of products that are out of stock will be filled. In that case the vendor will notify the consumer and provide reimbursement of the payment, in the form specified by art. 6 n.2 of D.Lgv. N° 185/1999.

8. RESPONSIBILTY

The vendor does not assume any responsibility for problems due to circumstances beyond his control such as accidents, explosions, fires, rebellions, strikes and/or lockouts, earthquakes, floods, damage to information systems, system failure and other similar events that impede, in all or in part, the delivery in the timeframe stipulated in the contract. The vendor will not be responsible for eventual damages, loss and/or costs that result from the failure to carry out the terms of the contract for the reasons sited above. The consumer has only the right to reimbursement of the price of the merchandise. At the same time, the vendor is not responsible for the eventual fraudulent and illicit use of credit cards, check and other means of payment.

9. GUARANTEES AND ASSISTANCE

The vendor sells products of the highest quality, therefore these products are guaranteed, according to the law, by the manufacturer and the norms and the means of application of the guarantee will be those indicated by the manufacturer with the product.

10. THE CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT

If the consumer is, for any reason, unsatisfied with the purchase, he or she has the right to withdraw from the contract without penalty and without specifying a motive, within 10 working days from the day of delivery of the goods or, for services, from the day that the online contract was submitted. The consumer can not exercise this right to withdraw from the contract for purchases of sealed software and audiovisual products that have been opened. In the same way, this right cannot be exercised for products made to order or clearly personalized or that, by their nature, cannot be returned, have a risk of deterioration or products that expire rapidly. The consumer can withdraw from the contract by sending a registered letter with notification of delivery to the vendor’s address. In derogation of the art. 5 n. 4 of D.Lgv. n° 185/1999 the communication can be mailed, according to the same terms, via telegram, fax or e-mail (e-mail is available directly on the website). If the merchandise has been shipped, the consumer must return it at his or her own expense to the vendor or the person designated for the return of merchandised, within ten working days of the delivery of the goods, with the written indication of the means for return of merchandise that has been chosen. Without the above, the return will be shipped through the postal service. All articles must be returned with the original packaging and manuals, without anything omitted or the consumer forfeits the right to withdraw from the contract. When the consumer exercises the right to withdraw from the contract, conforming to the above requirements, the vendor will reimburse the sum that has been paid within 30 days from the date in which the vendor became aware that the consumer had exercised the right to withdraw from the contract. When the purchase has been made by credit card via fax the vendor will credit the same some, through the “issuing agency”, to the consumer’s credit card.

11. CANCELATION OF CONTRACT AND EXPRESS CANCELATION CLAUSE

The vendor has the right to cancel the contract by notifying the consumer. In this case the consumer is only entitled to reimbursement for the sum already paid. The obligation assumed by the consumer, in addition to the guarantee that the payment has been made by the means specified in art. 6, have essential character, so by express agreement, delinquency in even one of the assumed obligations on the part of the consumer, will result in the revocation of the rights of the contract ex art. 1456 c.c., without the requirement of legal judgment, except the vendor’s right to legal recourse for the reimbursement for additional damages.

12. SHARING AND USE OF PERSONAL INFORMATION

Personal data is collected for the purpose of registering the consumer and initiating, on his or her behalf, the procedure for the execution of the stipulated contract and the necessary communications; these data are handles electronically respecting the current laws and can be released only when requested by the judicial authorities or by other legally authorized parties. The personal data will be divulged to parties delegated to fulfill the activities necessary for the execution of the stipulated contract and divulged exclusively for that purpose. The consumer, after having provided his or her personal data, is protected by the rights given by the art. 13 L.675/1996, this means that the consumer can: have free access, through the register as stated in art. 31 section 1 lett. a, to the existence of the data that could concern him or her; request confirmation of the existence, from the vendor’s office, of his or her personal data; know the origin of the data, the logic and the ends of their treatment; obtain an update, adjust and supplement; request the cancellation, change anonymously or block in cases of illicit use of data as well as obtain a declaration that these operations have been brought to the attention of those to whom the data has been communicated or diffused; oppose the use of data, for legitimate reasons, or for advertising purposes, commercial information, market research, direct sales and interactive commercial communication. The consumer has the right to be informed, in the moment the data is released and diffused, of the ability to freely exercise that right. CINOTECNICA di Paolo Roberti Via L. Nottolini, 440 - S. Concordio - Lucca - P.I. 0167538 046 1 is responsible for the collection and use of personal data.

13. JURISDICTION AND COMPETENT COURT

All controversies relating to the application, execution, interpretation and violation of the present contract are under Italian jurisdiction. All disputes between the parties concerning the present contract will be under the jurisdiction of the Court of Lucca, if the parties are located in the Italian territory.