|Laws ruling on line purchase|
On line contracts customer security pledge
Art 6 - contract fulfilment (Law Decree of the Italian legislation N. 185, dated 22.5.1999)
1. Unless otherwise agreed upon among the parties, the supplier shall fulfil the order within thirty (30) days starting from the second day of the date on which the customer has placed the order with the supplier.
2. In case the supplier does not fulfil the order, due to unavailability or current unavailability of the requested item or service, the supplier shall notify such unavailability to the consumer, within the time term provided for under par. 1, subject to the terms of Art. 1, par. 4, and shall reimburse the supply amount possibly anticipated by the customer. In no case shall the supplier fulfil the order supplying goods different from the ordered products -even if worth the same or more, unless so authorised by the customer before or at the time of the contract fulfilment.
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Privacy pledge: security and confidentiality of the account
Art. 10 - information supplied at the time of information gathering
1. The customer or the person supplying personal data shall be previously informed -verbally or in writing, about the following:
a) data processing purposes and modes;
b) if personal data supply is mandatory or optional;
c) possible outcomes of personal data supply denial;
d) people/companies and relevant categories to what personal data might be transmitted and the data disclosure range;
e) rights provided for under Art. 13;
f) name, registered trade name, habitual residence, residence or registered office of the principal or, if appointed, of the person responsible for the transaction.
2. The provision provided for under par. 1 may not include elements about what the person supplying personal data has already been informed or whose knowledge might jeopardise inspection activities carried out by the relevant authorities in order to implement what provided for under Art 4, par. 1, sub-par.e), and Art. 14, par. 1, sub-Par. d).
3. In case personal data are supplied by a person other than the customer, at the moment of the registration the customer will be notified what provided for under Art. 1. In case specific communication of personal data is required in addition to the registration process, the customer shall only be notified after the first data supply.
4. What provided for under par. 3 shall be disregarded in case the Commissioner has explicitly stated that informing the customer about it shall be regarded as requiring means manifestly excessive respect to the right the customer is entitled to, or in case the Comissioner considers it as impossible. Par. 3 shall equally not apply in case data processing is required by EU laws or regulations. Par. 3 shall also be disregarded in case of data processing for investigation purposes, as under Art. 38 of the implementation, coordination and temporary provisions of the criminal law code, endorsed with Law decree N. 271, dated 28.7.1989, and subsequent amendments, or when legal action is taken to claim a right, provided that the data are processed for purposes not different from the above and only for the period strictly necessary to the fulfilment of such purposes.
Art. 13. Customer rights (Italian Law N. 675, dated 31.12.1996)
1. As to personal data processing the customer is entitled to:
a) be aware of the existence of data processing methods of information about him/her through free access to the databank mentioned under Art. 31, par. 1, sub-par. a);
b) be aware of what provided for under Art. 7, par. 4, sub-par. a), b) and h);
c) receive without delay from the principal or the responsible person:
1) confirmation or denial of the existence of information about him/her, even if it has not been saved yet, and a clearly worded communication about such data and their origin, along with data processing modes and purposes; this request for information about data processing can be repeated -provided it is reasonably made, after not less than 90 days;
2) cancellation, anonymity or freeze of data not rightfully processed, included those not specifically requiring to be saved respect to the data initial collection purposes and processing methods;
3) data updating, amendment or, -if the user so requires, integration;
4) Certification that the operations and operations contents under 2) and 3) have been notified to those to whom the customer's data have been transmitted or disclosed, except that this is impossible or requires means manifestly excessive respect to the right the customer is entitled to;
d) forbid, for sound reasons, the treatment of information about him/her, even if this is relevant to the data collection purposes;
e) forbid the treatment or partial treatment of information about him/her necessary to receive commercial information, advertising/direct sale materials, to carry out market surveys or for e-commerce communications and to be informed by the principal- no later than the time of data supply or disclosure, that he/she is entitled to this right free of charge.
2. In case the existence of information about the customer is not confirmed, the customer may be asked to contribute to the expenses involved by each of the requests provided for under par.1c)1). However such contribution shall not exceed the effective expenses, as under Art.33, par. 3.
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