GENERAL CONDITIONS OF SALE



1. - Definitions and schedules.
2. - Object.
3. - Validity.
4. - Delivery and prices.
5. - Purchaser’s obligations.
6. - Withdrawal.
7. - Limits of liability and warranty for product non-conformity.
8. - Prohibition of assignment.
9. - Mandatory legal information pursuant to article 13 of Legislative Decree 196/2003.
10. - Confidentiality and communications.
11. - Jurisdiction - Referral.
12. - Consent to use personal data.
13. - Express approval of clauses

1. - Definitions and schedules.

1.1. - For the purposes of the present general contractual conditions, and with regard to the entire domain http://www.abocashop.com, the following definitions shall apply:

ABOCA MUSEUM: the Internet domain, as a collection of human and technological resources, corresponding to the URL  http://www.abocashop.com owned by Aboca S.p.A. Società Agricola.

E-SHOP: the logical entity localised on the Web at the domain Aboca Museum, through which the products displayed on the site may be purchased by means of a specific software procedure.  

Trolley: the software procedure that enables you, subject to registration and authentication, to purchase products from Aboca Museum’s E-Shop.

Means of payment: debit or payment orders, credit cards and other payment cards, and all other available instruments enabling you to transfer, move and purchase funds, assets and cash, also by telematic means.


Product: a moveable good sold through Aboca Museum’s E-Shop.

Order: the electronic document produced at the end of the procedure for the purchase of those products contained therein, which also gives clear details of delivery charges and any corresponding taxes and VAT due.

Courier: the subject appointed by Aboca S.p.A. Società Agricola to deliver the Product using methods set out in the present general conditions of sale.

Link: The logical instruction associated with part of the domain http://www.abocashop.com, which when activated, usually by pressing the left-hand mouse button (pointing and clicking), the Purchaser orders the Trolley to carry out those functions described in the corresponding wording or images.

1.2. - The following documents may be consulted at any time on the Aboca Museum Internet domain, and are attached herewith, and they constitute a substantial and integral part of these general conditions of sale:

schedule1 -  Privacy Policy;
schedule 2 - Forms for the exercise of the right to a) withdraw; b) return goods;
schedule  3 - Form for the exercise of the right of access (art. 7 Legislative Decree 196-2003);
schedule 4 - Conditions of use of the domain http://www.abocashop.com
schedule 5 - FAQs

1.3. - The present General Conditions of Sale may be modified as and when required, also in virtue of any changes to the law or regulations. Modifications and adjustments to the General Conditions of Sale shall be notified to users, by publication thereof on Aboca Museum’s website Home Page, just as soon as they have been made, and they shall be binding as of their publication in this section of the Website; the onus shall thus be on the Purchaser to regularly check this present section in order to see whether the Aboca Museum has in fact published more recent, updated General Conditions of Sale. Should the Purchaser fail to agree, either partly or wholly, with Aboca Museum’s General Conditions of Sale, then the said Purchaser is asked not to use this Website. 

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2. - Object.

2.1. - The present sales contract (The Contract) is entered into by Aboca S.p.a., Società Agricola, a company incorporated under Italian law, with registered office in Sansepolcro, Loc. Aboca, 20, and registered with the Arezzo Register of Companies at No. 01704430519 VAT no. 01704430519, and the Purchaser (the Purchaser) of those products indicated, together with their prices, in the file for each product (The Product) sold through Aboca Museum’s domain Aboca Museum E.shop, access to which is provided on the Web at the URL http://www.abocashop.com

2.2. - The offers present on the domain http://www.abocashop.com are not binding upon Aboca S.p.A. Società Agricola and do not constitute a public offer but simply an “invitation to bid”. The Purchaser’s purchase Order constitutes a binding contractual proposal. Aboca S.p.A. Società Agricola accepts the purchase Order when it sends a Receipt for the Order via e-mail, showing details of the conditions of sale, a description of the nature of the ordered product, the essential details of the contract (price, means of payment), the systems created by Aboca S.p.A. Società Agricola for registering the Order and storing the relevant data, and the procedures for correcting the message containing the Order.

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3.Validity.

3.1. - The present contract is valid, and shall be deemed entered into, following acceptance of the Order, even if only partial, by Aboca S.p.A. Società Agricola; the Order shall be deemed accepted unless the Purchaser is in some form notified otherwise. By sending in the order, the Purchaser declares that he/she has seen all the information issued by Aboca S.p.A. Società Agricola during the purchase procedure, and fully accepts the general conditions of sale and the terms of payment set out below. The Order shall show the cost of the Product, inclusive of VAT, together with the cost of delivery of the Product to the address indicated by the Purchaser.


3.2. - Once the Products have been selected, and the Purchaser decides to proceed with the purchase of those Products contained in the trolley, then the Purchaser shall leave, on the domain, those details required to enter into the Contract. Specifically, when ordering goods, the Purchaser will be asked to provide his/her own personal details for identification purposes, by compiling the Form which will then be utilised by Aboca S.p.A. Società Agricola to register these details on a specially protected electronic medium, together with the identification code (user ID) and password given to the Purchaser, in compliance with the confidentiality requirements to which Aboca S.p.A. Società Agricola is subject under clause 8 below. Only those persons capable of acting, as defined by article 2 of the Italian Civil Code, may register as Purchasers.

3.3. -Receipt of the complete, correct Order shall be immediately notified by Aboca S.p.A. Società Agricola by e-mail message sent to the e-mail address given by the Purchaser in the Form cited in clause 3.2 above. The said e-mail shall bear the Date and Time of execution of the Order, together with a “Customer Order Number” to be used in the event of any further communication with Aboca S.p.A. Società Agricola. The message shall also contain all the data provided by the Purchaser during the course of the purchase procedure, and the Purchaser undertakes to check that said data are correct, and to promptly inform Aboca S.p.A. Società Agricola of any errors, using the e-mail address: museum@aboca.it

3.4. - The Order and the order receipt shall be deemed received when the parties to whom they are addressed have the opportunity to access telematic messages. In the event that the Purchaser does not receive, from Aboca S.p.A. Società Agricola, a Receipt for the Order that he/she has placed, within 24 hours of the said Order, or does not receive another form of communication from the said company, then the Purchaser is bound to promptly contact the Vendor via the e-mail address: museum@aboca.it. Aboca S.p.A. Società Agricola shall promptly notify the Purchaser of non-acceptance of the Order.


3.5. - At the end of the online purchase procedure, if the Purchaser is a consumer (that is, an individual purchasing the goods for purposes unrelated to his/her own professional activity), then he/she shall see to keeping the present general conditions of sale, pursuant to the provisions of articles 50 ff. of Legislative Decree 206/05.

3.6. - For each order placed using the domain Aboca Museum E.Shop, Aboca S.p.A. Società Agricola shall issue, solely if expressly requested to do so, an invoice for the delivered products, and send the said invoice to the e-mail address of the person placing the Order, pursuant to Article 14 of Presidential Decree  445/2000. For invoice purposes, the information provided by the Purchaser at the time the Order is placed shall be taken into account. No change may be made to the invoice once it has been issued.

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4. - Delivery and prices.

4.1. -Within Italy, the Product shall be delivered within 72 hours of receipt of the Order, by the authorised courier  SDA. During delivery, the Product is fully insured. The Purchaser may track the order within the E-Shop section of the website Aboca S.p.A. Società Agricola, http://www.abocashop.com, subject to authorisation, by clicking on Your Orders: for any information regarding the state of the order and of payment, the Purchaser may send an e-mail to Aboca Museum at: museum@aboca.it

4.2. - Delivery of the contents of the Order is hereby deemed to be at street level, unless delivery at floor level is possible and is specifically requested and paid for. Upon delivery of the Product by the courier, the Purchaser undertakes to check that: a) the number of parcels delivered corresponds to the number shown on the delivery note forwarded beforehand via e-mail; b) the packaging, including the materials used to bind the parcel(s) (adhesive tape or metal strips), is intact, undamaged, and is not damp or impaired in any other way.

4.3. - Delivery costs shall be charged to the Purchaser and are clearly indicated when the Order is placed. The Purchaser shall not be liable for payment of any further amounts in relation to the Order total.

4.4. -Any damage to the packaging and/or the product, or the non-correspondence of the delivered goods to the number of parcels or items indicated in the delivery note, must be immediately contested, by signing the courier’s delivery note with reservation (specifying the grounds for the reservation, such as “torn packaging”, “crushed packaging”, etc.). Once the courier’s delivery note has been signed by the Purchaser, the latter no longer has the right to contest the nature of the external features of the delivered goods. 

4.5. -Any problems regarding the intact state, the correspondence or the completeness of the products received must be reported within 7 days of delivery, using the methods set out in these general conditions of sale.

4.6. -Should the Purchaser fail to collect any material held in the courier’s warehouses, as a result of the repeated impossibility of delivering to the address given by the Purchaser at the time the Order was placed, within 5 working days, then the ordered goods shall be returned to the warehouses of Aboca Società Agricola S.p.A. If a parcel remains unclaimed, the cost of storage shall be charged to the consignee.

4.7. - Aboca Società Agricola S.p.A. reserves the right to modify the terms and conditions of delivery at any time, and such decision shall be final.

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5. The Purchaser’s obligations.

5.1. -In accepting these general contractual conditions, by sending an Order, the Purchaser undertakes to pay Aboca S.p.A. Società Agricola, using a means of payment chosen from among those available among the procedures offered by the E-Shop, the sum indicated in the specific area of the purchase procedure entitled Trolley, and agrees to provide Aboca S.p.A. Società Agricola, if requested to do so, with all exact, full, updated personal details required. In the event that one or more such personal details proves to be inexact, false or misleading, Aboca S.p.A. Società Agricola reserves the right to terminate the contract and to not fulfil the Order, and also to withhold, as a penalty, 50% of the sum paid by the Purchaser for the purchase of the Product, without prejudice to the right to greater damages.  


5.1.1. - In the event of payment by means of prior bank transfer to Aboca S.p.A. Società Agricola, the Purchaser shall specify, in the description of payment, the order number contained in the e-mail received at the time the Order was sent, and shall immediately notify Aboca S.p.A. Società Agricola of said payment by bank transfer. This notification of payment by bank transfer shall include a copy of the documents proving that the transaction in question has been completed.

5.2. - The Purchaser acknowledges and accepts that the personal details provided, as envisaged in clause 2 and pertaining to purchase of the Product, shall be utilised and registered by Aboca S.p.A. Società Agricola in a special protected Data Base, in accordance with the provisions of Legislative Decree 196/2003 as illustrated below, and as specified in the Privacy Policy document attached herewith.

5.3. - Without prejudice to the above, and subject to authorisation to handle personal data as provided for by clause 8 below, Aboca S.p.A. Società Agricola has the right to convey said data to subjects that it itself has empowered and/or appointed to carry out activities related to the Contract and to the order, and to convey them exclusively for the preordained purposes, subject to stipulation by the aforesaid subjects of a commitment to keep any personal data thus received confidential.

5.4. - The prices given regard deliveries to addresses within the EU and Switzerland, and are inclusive of VAT. For all other countries, the final prices will not include VAT. The VAT rate depends on the country to which the ordered goods are sent. Those orders sent to EU countries are subject to VAT at the same rate as that applied in Italy, which currently stands at 19%. Orders to other countries (such as Japan, the USA, etc.) do not include VAT. The Purchaser is responsible for fulfilling those obligations regarding payment of taxes, duties and other charges required in his/her country of residence. 

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6. Withdrawal.

6.1. - Pursuant to article 64 of Legislative Decree 206/2005, if the Purchaser is a consumer (that is, an individual purchasing the goods present in the online shop for purposes unrelated to his/her own professional or business activity, or without indicating a VAT number on the order form), then he/she  shall have the right to withdraw from the contract for whatever reason, without having to provide reasons and without having to pay any penalties.


6.2. - In any event, on order to exercise this right of withdrawal from the contract, the Purchaser must notify Aboca S.p.A. Società Agricola of his/her intention to exercise said right, within 10 days from receipt at his/her address of the purchased product. Said notification must be sent, using the form set out in Schedule 2-A, to Aboca S.p.A. Società Agricola, by registered letter with advice of receipt, to: Loc. Aboca 20, 52037, Sansepolcro (AR) ITALY; or to the e-mail address museum@aboca.it; or to fax no. +39 0575-744724. In the latter two cases, the Purchaser shall in any case give notice of withdrawal using the attached form, to be sent by registered mail with advice of receipt to the above address, within 48 hours following the sending of notification via e-mail or fax.


6.3. - The delivered product, carefully packed in its original packaging, must be returned to the same address given above. The delivery costs of returned goods are chargeable to the Purchaser, even when the latter has not been charged for the initial cost of delivery of the goods. Shipment of the returned goods shall be carried out by the Purchaser within 10 days following the sending of notification of withdrawal (even when said notification is by e-mail or fax). Up until delivery of the returned product to the abovementioned address, the Purchaser shall be solely responsible for ensuring it remains intact, and once Aboca S.p.A. Società Agricola has ascertained that the returned product is intact, it shall reimburse the Purchaser for the price paid for the purchased product, less the cost of carriage and shipment; furthermore, the cost of returning the goods shall not be reimbursed, and shall remain chargeable to the Purchaser.

6.4. - If due, reimbursement shall be made within 30 days following receipt of the registered letter constituting exercise of the right of withdrawal, by means of bank transfer to the current account indicated by the Purchaser in the notification of withdrawal, or in any subsequent communication. The purchased product must be returned intact, in its original packaging (if present), complete with all parts. Should the product get damaged during carriage, due to the fault of the carrier, Aboca S.p.A. Società Agricola shall promptly notify the Purchaser (within 5 days of receipt of said product) in order that a claim regarding events be promptly submitted to the carrier, so that the latter can then reimburse the value of the returned product, without Aboca S.p.A. Società Agricola being charged for what has happened.
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7. Limits of liability and warranty for product non-conformity

7.1 - Aboca S.p.A. Società Agricola shall not be held responsible for any loss, either direct or indirect, incurred by the Purchaser or by third parties, for circumstances and/or conduct that may not be imputed to Aboca S.p.A. Società Agricola itself; in particular, the Purchaser shall have no right to any damages or indemnification, and Aboca S.p.A. Società Agricola shall not be held liable, either contractually or extra-contractually, for any direct or indirect damage to persons and/or things caused by the failure, partial or whole, to accept an order.  Aboca S.p.A. Società Agricola shall not be held in any way liable in the event of the delayed fulfilment of an Order, or the delayed delivery of any ordered goods.

7.2. - Should the Purchaser choose to pay using a credit card, he/she shall be directed to the website of the Bank running the online payment service, to which the Purchaser may convey details of his/her credit card through a special protected Internet connection. For accounting and administrative purposes, Aboca Museum reserves the right to check the personal details given by the Purchaser. In the event of the purchase of goods using a Credit Card, at the same time as the online transaction is completed, the Bank shall arrange for payment authorisation exclusively for the purchase amount. The amount pertaining to those goods dispatched, even partially, shall actually be charged to the Purchaser’s credit card only when the courier has notified Aboca S.p.A. Società Agricola that the ordered product has in fact been delivered. 


7.3. - In the event that the aforesaid notification by the courier fails to materialise, or is not envisaged for certain types of shipment, Aboca S.p.A. Società Agricola, having no knowledge of a certain delivery date for the ordered goods, reserves the right to charge the credit card the day following dispatch of the said goods.

7.4. - In the event an Order is cancelled, either by the Purchaser or as a result of Aboca S.p.A. Società Agricola refusing to accept the Order, Aboca S.p.A. Società Agricola shall at the same time request cancellation of the transaction and redemption of the sum appropriated, by sending an e-mail to the Purchaser to this effect. The redemption period for some types of card, depends solely on the banking system, and may last until its natural expiry (24th day following the date of payment authorisation). Once cancellation of the transaction has been carried out, under no circumstances may Aboca S.p.A. Società Agricola be held responsible for any damages, direct or indirect, caused by failure to redeem the sum appropriated by the banking system. Aboca S.p.A. Società Agricola reserves the right to charge the Purchaser’s credit card in order to avoid expiry of authorisation of the transaction on the 23rd day.  


7.5. - Aboca S.p.A. Società Agricola reserves the right to ask the Purchaser for additional information (e.g. landline tel. no.) or to send a copy of documents proving that the Purchaser is the holder of the Credit Card used. Should the requested documents not be produced, Aboca S.p.A. Società Agricola reserves the right not to accept the Order. 

7.6. - At no time during the purchase procedure is Aboca S.p.A. Società Agricola in a position to gain access to the information pertaining to the Purchaser’s credit card, transmitted via a protected connection to the website of the Bank handling the transaction. No electronic archive owned by Aboca S.p.A. Società Agricola shall keep such information. In no event, therefore, shall Aboca S.p.A. Società Agricola be held liable for any fraudulent, undue utilisation of credit cards by third parties, at the time of purchase of products from the Aboca Museum E-Shop.

7.7. - If the Purchaser is a consumer (see above), all the products sold through the online shop are covered by legal guarantees pursuant to articles 128 ff. of Legislative Decree 206/2005, against any contractual non-conformity (defect) of the purchased product which existed at the time of sale, and which emerges within two years of delivery of the product itself. The said defect must be notified, under penalty of invalidation, within two months of the date on which the consumer discovered the defect. Any claim against Aboca S.p.A. Società Agricola shall be deemed lapsed, in any case, after 26 months following the date of delivery of the purchased product. In the event of contractual non-conformity, the Purchaser (if also a consumer) reserves the right to remedy of the contractual non-conformity, without incurring any costs or charges, through the replacement or repair of the product, or through the due reduction in the price paid for it, or through termination of the contract, pursuant to article 130 of Legislative decree 206/2005. 

7.8. - In order to obtain remedy of the contractual non-conformity of a product purchased from the online shop, a consumer must send, within 26 months of delivery of the product, the form set out in Schedule 2-B, via registered post with advice of receipt, to the address of Aboca S.p.A. Società Agricola indicated above. Once Aboca S.p.A. Società Agricola has received the said communication, it shall contact the Purchaser within 3 working days thereafter, in order to inform the latter of the way in which the purchased product should be returned, which shall be collected by the company’s own carrier, without the Purchaser having to bear any further charges. The product should be returned in its original packaging, if possible, complete with all parts. Once the product returned by the Purchaser has been checked to ensure it is intact, Aboca S.p.A. Società Agricola shall see to its replacement or repair, and to the dispatch of the repaired or replaced product to the consumer’s address. Should the repair or replacement of the product prove impossible, then the consumer shall have the right to request cancellation of the contract for the purchase of the good, or a reduction in the price, at the conditions set out in article 130 of Legislative decree 206/2005. 

7.9. - In the event that the defect reported by the consumer does not constitute contractual non-conformity pursuant to articles 128 ff. of Legislative decree 206/2005, the Purchaser shall be charged any inspection and repair/replacement costs, as well as any shipment costs, borne by Aboca S.p.A. Società Agricola.

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8. Prohibition of assignment.

8.1. - The Purchaser is expressly prohibited from transferring the present Contract and the Order, either partly or wholly, to third parties, without the prior written agreement of Aboca S.p.A. Società Agricola.
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9. - Mandatory legal information pursuant to article 13 of Legislative Decree 196/2003.

9.1. - Pursuant to, and for the purposes of, article 13 of Legislative Decree 196/2003, the Purchaser hereby declares that he/she has seen the Privacy Policy attached herewith, and has been fully informed with regard to: (i) - the purposes and methods of the handling of his/her own personal data freely given when accepting, or during the course of, the Contract and the order; (ii) - the mandatory or discretionary nature of bestowal of said personal data, together with the consequences in the event of refusal to reply; (iii) - the scope of divulgation, and the categories of subjects to whom said data may be communicated, strictly subject to prior written consent; (iv) - the nature of the data handling, and name of the subject(s) responsible for handling the data in question; (v) - the rights pursuant to article 7 of Legislative Decree 196/2003, specifically with regard to the opportunity to access, add to, modify or delete the personal data, or to oppose, either partly or wholly, their use for the purposes set out therein, with particular regard to their use for informational purposes.  Should the Purchaser require further information on the handling of his/her personal data, or wish to exercise the aforementioned rights, he/she may do so using the means described in the Privacy Policy. 

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10. - Confidentiality and communications.

10.1. - Aboca S.p.A. Società Agricola undertakes to keep all the personal data furnished by the Purchaser strictly confidential, and to refrain from using and/or divulging it to third parties for any reason whatsoever, not even partially, without prejudice to the case of express request and/or order from the judicial or administrative authorities to exhibit said data, together with those specific cases set out in clause 5.10.2 above. All communications pertaining to the Contract and the Order shall also be sent by e-mail. Specifically, those communications addressed to Aboca S.p.A. Società Agricola shall be sent to: museum@aboca.it.
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11. Jurisdiction - Referral.

11.1. - The Court of Arezzo shall have exclusive jurisdiction over any disputes that arise in relation to the interpretation, execution and validity of the Contract and the Order.

11.2. - The nullity and/or invalidity of clauses, or of parts of one or more clauses, shall not involve the entire Contract, that is, the other clauses contained herein that are not nullified and/or invalidated, which shall be deemed fully valid and effective regardless.

11.3. - The Contract, where not expressly governed by the provisions contained herein, shall be governed by Italian law.

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12. - Consent to use personal data.

In submitting the Order, the Purchaser grants his/her consent to the use of his/her personal data for all those purposes required by obligations of a legal, regulatory or judicial nature, and necessary and/or useful for the execution of the Contract and of the Order, as well as for all those activities related to said obligations, as fully described in the Privacy Policy.


The Purchaser also grants his/her consent to the use of his/her personal data for the purpose of issuing newsletters or marketing information, or for the sending of interactive advertising messages and marketing information by Aboca S.p.A. Società Agricola, or by its subsidiaries, or by companies belonging to the Gruppo Aboca S.p.A. Società Agricola, or by agents in accordance with specific contracts with Aboca S.p.A. Società Agricola.

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13. - Express approval of clauses pursuant to articles 1341 and 1342 of the Italian Civil Code.

Pursuant to, and for the purposes of, the provisions of articles 1341 and 1342 of the Italian Civil Code, the Purchaser hereby declares that he/she has carefully examined all of the clauses and conditions contained in this Contract, and accepts and approves the following clauses contained herein: 1. - Definitions and schedules; 2 - Object; 3 - Validity; 4 - Delivery and prices; 5 -Purchaser’s Obligations; 6 - Withdrawal; 7 - Limits of liability and warranty for product non-conformity; 8 - Prohibition of assignment; 9 - Mandatory legal information pursuant to article 13 of Legislative Decree 196/2003; 10 - Confidentiality and communications; 11 - Jurisdiction - Referral; 12 - Consent to use personal data.