GENERAL CONDITIONS OF SALE
Supplier identification
The goods covered by these general conditions are offered for sale by ORODEKA SRL with headquarters in Florence, Via Andrea del Castagno, 9 and operational headquarters in Rignano sull’Arno, Via Pian dell’Isola, 64, registered with the Chamber of Commerce and Industry and Agriculture of Florence at n. 06626890484 of the Business Register, tax code and VAT number 06626890484 (hereinafter referred to as “Supplier”).
Art. 1
General notes
1.1.This Agreement, which can be downloaded in Italian and English, applies exclusively to the remote sale via the web of the products and services offered on the
Site, where the button for sending the order is present. The seller constantly updates the Site and its contents. In the event of changes to this Agreement, the contractual rules published on the Site at the time the order is sent will apply to the purchase order placed by the buyer. The Site provides the information required by the Consumer Code (Legislative Decree 206/2005) on the characteristics of all products and their packaging (Article 6), on the delivery times of each of them, as well as for the so-called contracts to distance (Article 48 et seq.). This information is made available and downloadable both in Italian and in English. The consultation of the Site, by the purchaser, allows the knowledge of the information published therein and implies the consent to the use of the digital format for all the deeds or documents relating to the sale of goods and the provision of the services offered, without the need for support. paper.
1.2.Purchase orders must be made online through the guided procedure present on the Site.
Art. 2
Object of the contract
2.1.With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible goods indicated and offered for sale on the site via telematic tools. www.orodeka.com .
2.2.The products referred to in the previous point are illustrated on the web page www.orodeka.com ,in the special advertisement intended for purchase (see “Data
sheet “), And are products for professional and specialist use, for study and research in the dental field.
Art. 3
How to stipulate the contract
3.1.The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the addresswww.orodeka.com , where, following the procedures indicated in art. 1, the Purchaser will formalize the proposal for the purchase of the good covered by the contract referred to in point 2.1 of the previous article.
Art. 4
Conclusion and effectiveness of the contract
4.1.The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at the address www.orodeka.com and the subsequent sending of the form / module itself, always after viewing a web page summarizing the order, printable, which shows the details of the ordering party and the order, the price of the purchased goods, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2.Any errors in entering data can be corrected, before clicking the “finish and pay” button, by changing the content of the filled in fields, or after clicking the
“finish and pay” button, informing the seller, via the address e-mail info@orodeka.com , no later than 24 hours after sending the order. Otherwise the costs deriving from any omissions or errors of the purchaser will be at his sole expense.
4.3.When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.4.The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Art. 5
Methods of payment and refund
5.1.Any payment by the Purchaser can only be made by means of one of the methods indicated in the specific web page by the Supplier.
5.2.Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3.All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Art. 6
Delivery times and methods
6.1.The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail.info@orodeka.com . Shipping methods, times and costs are clearly indicated and highlighted at the addresswww.orodeka.com in the section dedicated to products and purchases.
6.2.Shipping times may vary from the day of the order to a maximum of 30 (thirty) working days from the confirmation of the same. The seller and the buyer are not responsible for the delay in delivery, if this is due to force majeure or unforeseeable circumstances. In such situations, the seller will promptly notify the buyer of a new deadline within which he will deliver and will make every reasonable effort to fulfill all his obligations. At any time, the buyer can obtain information on the progress of the Contract by contacting the seller’s Customer Service at the addressinfo@orodeka.com. In any case, the Supplier is not able to ship within the aforementioned deadline, he must promptly notify the Buyer via the latter’s email.
6.3.Without prejudice to the provisions of art. 61, paragraph 3 of the Consumer Code, in particular, the seller is required to reimburse all the sums paid without undue delay.
Art. 7
Prices
7.1.All sales prices of the products displayed and indicated on the website www.orodeka.com they are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2.The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the Buyer and also contained in the web page summarizing the order placed.
7.3.The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art. 8
Availability of products
8.1.The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2.If an order exceeds the quantity existing in the warehouse, the Supplier, by email, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3.The Supplier’s computer system confirms as soon as possible the registration of the order by sending the User a confirmation by e-mail, in accordance with point 4.2.
Art. 9
Limitation of Liability
9.1.The Supplier assumes no responsibility for disservices attributable to force majeure if he fails to execute the order within the time stipulated in the contract.
9.2.The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
9.3.Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
9.4.The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has taken all precautions. possible on the basis of the best science and experience of the time and on the basis of ordinary diligence and in accordance with IT security measures.
9.5.In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by
the Supplier.
Art. 10
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1.Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
10.2.The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3.The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4.No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5.In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
Art. 11
Guarantees for defects in the thing sold and effects
11.1.Pursuant to art. 1490 of the civil code, the seller is required to ensure that the thing sold is free from defects that make it unsuitable for the use for which it is intended or appreciably decrease its value and is liable for such defects.
11.2.For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist:to)they are suitable for the use for which goods of the same type are normally used;b)have the quality and performance suitable for professional and specific use that the Buyer can reasonably expect, taking into account the nature of the asset.
11.3.The Buyer loses all rights if he does not report the lack of conformity to the Seller within 8 (eight) days from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4.In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5.In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, the termination of this contract or the reduction of the price, pursuant to art. 1492 of the civil code.
11.6.The request must be sent in writing by e-mail to the address info@orodeka.com or by registered letter with return receipt, to the address of the operational headquarters in Orodeka, Via Pian dell’Isola, 64 – 50067 Rignano sull’Arno (FI), which will indicate its willingness to proceed with the request, or the reasons that prevent it to do so, within 7 working days of receipt.
11.7.If the Buyer communicates the termination of the contract, the Supplier must indicate the methods of shipment or return of the defective goods.
If the Supplier has accepted the request for a price reduction, he must indicate the proposed and accepted price reduction, while it will be up to the Buyer to indicate the methods for re-crediting the sums previously paid to the Supplier.
Art. 12
Obligations of the Buyer
12.1.The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2.The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3.The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
12.4.In the confirmation email, the Supplier will present the appropriate invoicing.
Art. 13
Exclusion of the right of withdrawal
13.1.Pursuant to art. 1373 of the Italian Civil Code, given the nature of the asset being sold, for reasons that are also hygienic and related to people’s health, as well as its easy usurability, the asset is not returnable and in no way binding once removed from the hygienic protective wrapping, except in the case of termination of the contract due to defects in the thing pursuant to art. 11 of this contract, the Buyer has no right to withdraw from the stipulated contract.
A – I DO NOT ACCEPT THE ABOVE CONDITIONS B – I ACCEPT THE ABOVE CONDITIONS
Art. 14
Causes for Resolution
14.1.The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contractformerart. 1456 cc, without the need for a judicial decision.
14.2.If the thing sold defects of the promised qualities or of those essential for the use for which it is intended, the Buyer has the right to obtain the termination of the contract according to the general provisions on termination for non-fulfillment pursuant to art. 1453 of the civil code, provided that the quality defect exceeds the tolerance limits established by customs.
Art. 15
Protection of confidentiality and processing of the Buyer’s data
15.1.The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196 and Legislative Decree 10 August 2018, n. 1011.
15.2.The personal and fiscal data acquired directly and / or through third parties by the Supplier ORODEKA SRL, data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating towards him the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art . 24, paragraph 1, lett.b,
Legislative Decree 196/2003)2.
15.3.The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
15.4.Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities
necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5.The Supplier ORODEKA SRL, as Data Controller, is required to provide the Purchaser with all the information referred to in Articles. 13 and 14 and the communications referred to in articles 15 to 22 and art. 34 of the European Regulation n. 679/2016, relating to the processing of personal data in a concise, transparent and intelligible and easily accessible form, with simple and clear language, by setting up a special “Privacy Policy” area inserted on the website www.orodeka.com , with an indication of the rights enjoyed by the Buyer concerned and listed below:
to)access, updating, rectification or, when interested, integration of data;
1 Respectively, the Code regarding the protection of personal data and the Provisions for the adaptation of the legislation to the provisions of EU Regulation 2016/679 of the Parliament and of the Council, of 27 April 2016, relating to the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data.
2 General provision of the Guarantor for the protection of personal dataPractical guide to simplification measures for small and medium-sized enterprisesof 24 May 2007, published in the Official Gazette of 21 June 2007, no. 142.
b)cancellation, limitation of processing in the cases referred to in art. 18 of the aforementioned European Regulation;
c)the attestation that the operations referred to in the lettersto)Andb)have been brought to the attention, also as regards their content, of those to whom the data were transmitted, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
The interested party also has the right to object at any time, for reasons connected to his particular situation, to the processing of personal data concerning him pursuant to art. 6, paragraph 1, letters e) or f) and in the marketing hypotheses indicated in art. 21 of Regulation 679/2016.
15.6.The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer’s
request cannot be processed.
15.7.In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. The Supplier also informs the Purchaser that each order sent is stored in both digital format on its server and in paper format at the Supplier’s operational headquarters according to criteria of confidentiality and security, and the data are stored in a form that allows the identification of the ‘interested for a time not exceeding that necessary for the purposes of the sale; furthermore, it informs that the data collected are adequate, relevant and limited to what is necessary for the purposes of the purchase of the good covered by this contract.
15.8.The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters.3. Further information is provided to the Purchaser in the specific Privacy Notice attached (Annex I) to this contract, to be considered an integral part of the same and accessible on the site.www.orodeka.com in printable format (See “Privacy disclaimer “).
A – I DO NOT ACCEPT THE ABOVE CONDITIONS B – I ACCEPT THE ABOVE CONDITIONS
Art. 16
Communications and complaints
17.1.Written communications directed to the Supplier and any complaints will be considered valid only if sent by registered letter with return receipt to the following address: ORODEKA SRL – Order management – Via Pian dell’Isola, 64 – 50067 Rignano sull’Arno (FI) or transmitted via pec at the following addressorodekasrl@pec.it . The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the communications of the Supplier to be sent.
Art. 17
Settlement of disputes and competent court
17.1.All disputes arising from this contract will be referred to the Florence Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
17.2.If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of
the place where the Supplier has its registered office.
A – I DO NOT ACCEPT THE ABOVE CONDITIONS B – I ACCEPT THE ABOVE CONDITIONS
Art. 18
Applicable law and referral
18.1.This contract is regulated by the Italian law.
18.2.Although not expressly provided for here, the laws applicable to the relationships and cases provided for in this contract are valid.
Art. 19
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.
The privacy policy is an integral part of this contract.
A – I DO NOT ACCEPT
B – I ACCEPT AND SIGN THE CONTRACT
Art. 19
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.
The privacy policy is an integral part of this contract.
A – I DO NOT ACCEPT
B – I ACCEPT AND SIGN THE CONTRACT
