General Terms and Conditions of Sale Online

Art. 1 - DEFINITIONS

These general terms and conditions, available to the consumer for the reproduction and conservation pursuant to art. 12 Leg.Decree 70/ 2003, relate to the purchase of products, carried out remotely via a telematics network through the website www.anitabencich.it belonging to Anita Bencich with offices in via Canova 13, Trieste.
By "online " sales contract is meant the entering to of remote contract, tht is, the legal transaction concerning movable goods and/ori services entered into between a supplier and an end consumer - customer or other professional users as part of a system oi remote selling organised by Anita Bencich who, for this contract, uses esclusively the remote communication technology called internet.
By consumer we mean the natural person who buys goods and services for purposes no t related, directly or through, the professional activity that may be carried out.
By professional users is meant the natural or legal person who buys goods and services for purposes related directly or through the professional activity that may be carried out.

Art. 2 - ACCEPTANCE OF SALES CONDITIONS

These general terms and conditions are validfrom March 11, 2020 and may be updated, supplemented or modified, obviously having effect for the future, at any time by Anita Bencich, who will communicate them through the pages of the website; the terms and conditions set out in the introduction are an integral and essential part of this contract.
All contracts will be concluded directly or through access by the consumer-customer or professional user tol the website corresponding to the address www.anitabencich.it, where they can, in fact, conclude the contract for ppurchase of the goods and/or product desired, by carefully following the instructions and procedures envisaged.
These general terms and conditions of sale must be examined "online", before compleming the purchase procedure. Forwarding of confirmation or the order therefore implies complete knowledge of them and their full acceptance.
By sending confirmation of their purchase order electronically, the customer or professional user uncoditionally accepts and undertakes to observe, in their dealings with Anita Bencich, the general terms and payment conditions illustrated below, declaring that they have read them and accepting all the instructions provided pursuant to the aforementioned rules, also acknowledging that Anita Bencich does not consider herself bound to different conditions unless previously agreed in writing.
Sales transactions are regulated for the consumer by the provisions of Leg. Decree no.206/2005 (Consumer C ode), while the protection of condidentiality is subject to the provisions of Legislativo Decree no. 196 of 30 June 2003, and subsequent amendments and additions.

Art. 3 - SALE PRICES AND METHODS OF PURCHASE

The products, i prices and terms and conditions of sale on the website www.anitabencich.it - within the limits of their availability - constitute for the consumer an offer to the public and, therefore, require, for the conclusion of the contract, acceptance by the consumer, expressed through exact compilation of all sections and online subscription, following the instructions on the screen and, finally, selecting and, therefore, accepting the boxes with the wording ACCEPTANCE OF SALES CONDITIONS and PRIVACY POLICY.

Art. 4 - PURCHASER'S OBLIGATIONS

The consumer agrees and undertakes, once the "online" purchase procedure is concluded, to print and keep these general terms and conditions, which, moreover, he/she will already have viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully meet the conditions set out in Leg. Decree no. 206/2005 (Consumer Code). These general terms and conditions may be updated or modified at any time by Anita Bencich, who communicate them throte her website. The consumer undertakes and commits him/herself, whenever there is a modification of trese general terms and conditions, to print and keep them.
It is strictly forbidden for the purchaser to enter false, and/or invented, and/or fictional data in the registration procedure necessary for activating the process ofexecuting this contract and related further communications; the personal data and e-mail must be exclusively their real personal data and not of third parties, or fictional.
It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Anita Bencich reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer absolves Anita Bencich of any liability arising from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer being the only party responsible for correct entering.

Art. 5 - EXCEPTION TO THE RIGHT OF WITHDRAWAL

Pursuant to art. 59, letter o) of the Consumer Code, the right of withdrawal cannot be exercised as it concerns the supply of digital content through a non-material medium, execution of which began with the download of a file by the Consumer.

Art. 6 - CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE

Anita Bencich has the right to terminate the stipulated contract by simply communicating it to the customer, indicating the reason; in this case, the customer will be entitled only to the refund of any sum already paid.
The obligations assumed by the customer, as well as the guarantee of successful payment, are of an essential nature, so that by express agreement, the Customer' s failure to fulfil only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right for Anita Bencich to take legal action for compensation for further damage.

Art. 7 - PERSONAL DATA PROCESSING - GDPR 2016/679

Personal data arecollected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; these data are processed electronically in compliance with the laws in force and can be presented only upon request of the judicial authority or other authorities authorised by law for this purpose.
Personal data will be communicated to subjects delegated to carry out the activities necessary for execution of the stipulated contract and disclosed exclusively for this purpose.
The data subject enjoys the rights referred to in art. 13 of EU Regulation 2016/679, namely:

  1. request confirmation of the existence or otherwise of personal data;
  2. obtain information on the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the personal data has been or will be communicated and, where possible,the retention period;
  3. obtain the correction and deletion of data;
  4. obtain a restriction of processing;
  5. obtain data portability, receiving such from the Data Controller in a structured format that is commonly used and readable by automatic devices, to be transmitted to another Data Controller without hindrance;
  6. oppose the processing at any time, including for direct marketing purposes;
  7. object to an automated decision-making process concerning individuals, including profiling;
  8. ask the Data Controller for access to and rectification or erasure of personal data or the restriction of processing the data concerning the data subject or object to the processing, as well as the right to data portability;
  9. withdraw consent at any time without affecting the lawfulness of any processing based on consent given prior to the revocation;
  10. file a complaint with a supervisory authority.

The rights deriving from the privacy legislation and the disclosure obligations arising from it borne by Anita Bencich are examined "online" before the completion of the purchase procedure . Submission of the order confirmation therefore implies full knowledge of the same. By sending confirmation of their purchase order electronically, the customer or professional user declares that he/she has been informed of all his/her rights pursuant to the aforementioned rules.
Controller and manager of the collection and processing of personal data is Anita Bencich

Art. 8 - JURISDICTION AND COMPETENT COURT

Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into"online" through the website www.anitabencich.it is subject to Italian jurisdiction; for any aspects not mentioned, in these general terms and conditions, refer to the provisions of Legislative Decree no. 206/2005. For any dispute between the parties regarding this contract, the Court in whose district the consumer has their domicile will be competent, in accordance with the current legislation; for all other customers (foreign or non-consumers) it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Trieste.

Online contract

By"online" contract is meant the contract which has as its purpose the purchase of goods and products remotely by a consumer customer (hereinafter called "Customer" ) and the supplier Anita Bencich with offices in via Canova 13, Trieste (hereinafter called "Supplier") which takes place using only the Internet technologies made available by the Supplier at the address www.anitabencich.it

Buyer commitments – By confirming the order electronically, the customer declares that he/she has read and fully accepts the terms and conditions of sale and payment indicated in the purchase process and in this contract; he/she also undertakes to read, print and keep the conditions of sale set out below as provided for in articles 3 and 4 of the Consumer Code. The entering of false and/or invented personal data on the data collection forms necessary for the fulfilment of the order is expressly prohibited; it is also expressly forbidden to enter third-party data or make multiple registrations for a single Consumer. Anita Bencich reserves the right to take legal action against these actions and any other fraudulent action against her and/or to the detriment of other Consumers.

Sales prices and purchase conditions – All sales prices of video products displayed in e-commerce, an operation not subject to VAT pursuant to law 190/2014, art. paragraph 54 et seq., as modification by law 145/2018 art. 1 paragraph 9 - flat-rate scheme. These prices can change at any time without the Supplier being obliged to give any notice; in any case, once the product has been ordered, the product will not undergo any price change.

Payment systems – Anita Bencich offers Pay Pal as a payment system for e-commerce and please read the terms and conditions and privacy policy of the payment service.

Exception to the right of withdrawal – It should be noted that the right of withdrawal - pursuant to art. 59 letter o) of the Consumer Code - cannot be exercised as it concerns the supply of digital content through a non-material support, execution of which began with the download of the file by the Consumer.

Information and complaints – The management of e-commerce, including shipments, orders and payments, is managed by Anita Bencich. For any information and/or complaints send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.