General terms and conditions of the contract for the sale of goods sold online

Offer to the public pursuant to Article 1336 of the Italian Civil Code


These general terms and conditions may be printed or filed by the customer.


Supplier details (i.e. e-commerce site operator)


The goods covered by these general clauses/conditions are put up for sale by the Company P. Bastiani s.r.l. Unipersonale with registered office in Trieste, via San Nicolò 19, Postcode 34121; registered with the Chamber of Commerce of Trieste under no. 01199130327 of the register of companies, Tax Code no. 01199130327, VAT no. 01199130327 hereinafter referred to as “supplier”, certified e-mail address (PEC)


  1. Definitions


1.1   The term “electronic commerce contract” refers to the contract concerning the goods and services concluded between the supplier (or operator of the e-commerce site) and a customer or consumer within the framework of a system of remote sale or provision of services (therefore, without the simultaneous presence of the parties involved), organised by the supplier, which for this contract employs only one or more telematic communication techniques;

1.2   The term “Buyer” refers to the customer (VAT payer) or natural person consumer (as defined by Article 3 of Italian Legislative Decree no. 206/2005, i.e. the natural person who makes the purchase for purposes not related to the commercial or professional activity possibly carried out).

1.3   The term “Supplier (i.e. operator of the e-commerce site”) refers to the party indicated in the epigraph who transfers the goods or provides the services.

1.4   The term “Contract” refers to the purchase contract entered into between the Supplier and the Buyer, concerning the distance purchase of movable goods (previously “the Products”) through the electronic network, through the website.

1.5   The term “Manufacturer” refers to the manufacturer of the good, as well as the importer of the good to the territory of the European Union or any other natural or legal person who presents themselves as a producer by identifying the good or service with their name, trademark or other distinctive sign.


  1. Subject of the contract


2.1   With this electronic commerce contract, the Supplier sells and the Buyer purchases remotely through telematic tools the tangible movable goods or services that are listed and offered on the website.

2.2   The aforementioned goods referred to in the previous point are available on the web page in the dedicated section, which shows the catalogue of the goods offered, contained within the aforementioned website. The products are represented and made visible on the site in an accurate manner and corresponding to the characteristics actually possessed. However, the Supplier is not able to guarantee the exact correspondence to reality in relation to the images and colours as they appear on the customer’s monitor. If there is a difference between the image and the “Product details” part, the written information regarding the product shall prevail.

2.3   The Contract is governed by these general conditions of sale, possibly supplemented for the Consumer Customer by the mandatory provisions of Italian Legislative Decree no. 206/2005 (Consumer Code).


  1. The various technical steps to follow for the conclusion of the contract


3.1   The contract between the Supplier and the Buyer is concluded exclusively through the Internet network. Once the Buyer has accessed the address, they must follow the procedures set out on the website itself in order to formalise their acceptance for the purchase of the goods referred to in Article 2 above.

3.2   In detail, the purchase contract is concluded by the exact completion of the acceptance form and the consent to the purchase expressed through the online subscription or by filling in the form attached to the online electronic catalogue at the address and the subsequent sending of the form itself, always after viewing a web page summarising the order, which is printable and which shows the details of the ordering customer and the order, the price of the purchased goods, shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, the delivery time and the existence of the right of withdrawal.

3.3   When the Supplier receives the acceptance of the order from the buyer, it sends a confirmation email or displays a web page of confirmation and summary of the order, which is printable and which also contains the data referred to in the previous point.

3.4   As soon as the payment of the good/service has been received, the Supplier will proceed to issue a relative tax document pursuant to Italian Presidential Decree no. 633/1972 where required by law. In the event that the Buyer wishes to receive an invoice, they must notify the supplier when completing the order. When completing the order, the Buyer must provide in this regard the data relating to their tax code or VAT number.

3.5   This contract will not be considered finalised, and therefore will be ineffective, if the information referred to in the previous points is missing.

3.6   The Buyer undertakes to verify the correctness of the data entered at the time of the order and to print and keep the order summary and any receipt of payments, as well as these general conditions of sale, already viewed and accepted during the purchase process. It is expressly forbidden to enter false and/or invented personal data within the data collection forms necessary for the completion of the order; it is also expressly forbidden to enter data of third parties or make multiple registrations for a single Customer. The Supplier reserves the right to prosecute such actions and any other fraudulent action against it and/or against other Customers.


  1. Acceptance of the General terms and conditions of sale


4.1   The Buyer, by sending the purchase order electronically, declares that they have read all the indications provided to them during the order procedure and that they fully and unconditionally accept the general conditions.

4.2   The Buyer also acknowledges that the Supplier does not consider itself bound by different conditions unless previously agreed in writing.

4.3   These general conditions may be updated, supplemented or modified, obviously having effect for the future, at any time by the Seller, who will provide notice through the pages of the Site


  1. Payment and refund procedures


5.1   Any payment for goods purchased by the Buyer may only be made through the payment methods indicated on the Supplier’s website at The use of the indicated payment methods does not entail any additional charge for the Buyer, except in the case of “cash on delivery,” for which a fee will be requested.

Credit Card or PayPal: Regarding the method of payment through a PayPal Account, with this service you can choose to pay with the most popular credit cards issued in Italy, or through a PayPal account. The following credit cards are accepted by the PayPal® service: MAESTRO, VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS*, DISCOVER, CARTA AURA.

When paying through PayPal, the transaction takes place on a protected server of the company itself. Therefore, the information entered will be managed by PayPal in order to guarantee absolute security.

Through this payment method, the credit card holder provides their data (card number, expiration date, name, etc.) directly to PayPal.

When the Buyer confirms their decision to pay by credit card, the payment page residing on the PayPal secure server appears, where the credit card data is requested. PayPal is also responsible for requesting authorisations from the companies issuing the cards and returning the outcome of the authorisation request to the site, by prompting a response page that provides the buyer with information on the success of the purchase.

There will be no credit card service fee of any kind.

5.2   Any refund to the Buyer will be credited by 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 clause 13 of this contract, at the latest within 14 days from the day on which the Supplier became aware of the withdrawal itself. The supplier may withhold the refund until receipt of the item or until the Buyer has provided proof that it has been returned, whichever occurs first.

5.3   All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with a further safety coding level and in compliance with what is required by the regulations currently in force regarding personal data protection.

5.4   The Supplier will issue an invoice/receipt by sending it by e-mail to the Buyer. For the issuance of the invoice/receipt, the information provided by the Buyer will be authentic, and the Buyer shall assume all responsibility for the veracity and/or accuracy of the same. No change in the data will be possible after the issuance of the invoice/receipt.


  1. Delivery times and methods


6.1   The Supplier will deliver to the shipper the products (movable goods) selected and ordered within the indicative period of 3 working days from the date of conclusion of the contract itself, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the good.

6.2   In the event that the Supplier is not able to make the shipment within the indicative period referred to in point 6.1, prompt notice will be given to the Buyer by e-mail or by telephone if such credentials have been provided during the ordering phase.

6.3   The shipping methods, times and costs are indicated on the supplier’s website at

6.4   At the time of delivery, the Buyer must check the conformity of the products delivered to those ordered and, in particular, the integrity and absence of external defects. Only after such verification should the Buyer sign the delivery document, as they will not subsequently be able to oppose any dispute about the external characteristics of what was delivered to them in relation to the order placed.

6.5   If there is no correspondence between the order and the delivery, the Buyer must not accept the goods and raise the dispute directly with the carrier.

6.6   The products are packed with resistant and suitable materials to ensure optimal protection during transport. In the event of receipt of goods that show evident tampering and/or breakage of the packaging, the Buyer must accept the goods with “SUBJECT TO CONTROL”, describing personally and in detail the damage on all copies of the courier delivery receipts.

6.7   Once the presence of damage caused by transport has been ascertained, the Buyer is required to report it to the Supplier within 3 (three) days of receipt of the goods by e-mail, complete with photographic documentation of the damaged packaging and goods.

6.8   Any Buyer who, for any reason, has not followed the aforementioned indications of this contract will not subsequently be able to claim any missing items or damage caused by the carrier.

6.9   No liability can be charged to the Supplier due to damage and/or delays in delivery attributable to the carrier in charge.

6.10 In the event of absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In the event that the recipient is still absent on the second delivery attempt, the product(s) must be picked up at the address and in the manner specified by the carrier. In the event that no collection takes place within the time frame set by the carrier, then the products will be returned to the Supplier, who reserves the right to refund the price of the products while the shipping charge is borne by the Buyer.


  1. Prices


7.1   All sales prices of the products displayed and indicated on the website are expressed in Euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.

7.2.   The sale prices referred to in the previous point are inclusive of VAT and of every possible other tax. Shipping costs and any ancillary charges (for example: customs clearance), if any, although not included in the purchase price, will be indicated and calculated by the Supplier in the purchase procedure before the order is forwarded by the Buyer and also contained in the order summary web page.

7.3. The prices indicated in correspondence of the goods offered to the public have validity up to the date shown in the catalogue.


  1. Product availability


8.1   The offers of the Products published on the Site shall be valid while stocks last.

8.2   The Supplier reserves the right to notify the Buyer, within 3 days of purchase, at the email address associated with their profile, of the possible unavailability of one or more of the products purchased. In the event of purchase of a product that is no longer available, the Seller will refund (to the same PayPal account as the one indicated for the purchase) the price and shipping costs incurred by the customer.

8.3   The unavailability of only one or more of the products ordered will not give the Buyer the right to cancel the entire order


  1. Limitations of liability


9.1.   The Supplier does not assume any responsibility for inefficiencies due to circumstances beyond its control, if it is not able to complete the order in the times set out in the contract.

9.2   Within the limits provided for by Article 1229 of the Italian Civil Code and, for the Consumer Customer, by the Consumer Code, the Supplier is never responsible for:

  • disruptions or malfunctions related to the use of the internet network outside its own control or that of its sub-suppliers;
  • direct or indirect damages suffered by the Buyer or third parties depending on the purchase, use (even improper) and/or non-use of the goods subject to sale, as well as tampering with the Product;
  • damages, losses and costs incurred by the Buyer as a result of non-delivery or delayed delivery of the Product, the Buyer being entitled only to the full refund of the price paid and any ancillary charges incurred.
  • damages deriving from any fraudulent and illegal use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment of the products purchased. The Supplier, in fact, at no time during the purchase procedure is able to find out the Buyer’s credit card number which, upon opening a secure connection, is transmitted directly to the banking service manager.


  1. Liability for defects, proof of damage and compensable damages: the obligations of the supplier


10.1 The Supplier is responsible, pursuant to Articles 114 et seq. of the Italian Consumer Code, for damages caused by defects in the goods sold if the Seller fails to inform the injured party within three months of the request of the identity and address of the producer or person who supplied the goods.

10.2 The request for compensation by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase. In addition, it must contain the offer in view of the product, if it still exists.

10.3. The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product with a legal imperative or mandatory provision, or if the state of scientific and technical knowledge at the time in which the producer put the product into circulation did not enable the product to be considered to be defective.

10.4. No compensation shall be due if the injured party has been conscious of the product defect or of the danger deriving therefrom and voluntary exposed themselves nonetheless.

10.5. In any case, the injured party will have to demonstrate the defect, the damage and the causal connection between the defect and the damage.

10.6.  The injured party may claim compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party;

10.7 Damage to property referred to in Article 123 of the Italian Consumer Code shall, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (EUR 387).


  1. Guarantees and assistance procedures


11.1 The Products purchased are subject to the guarantees provided for by the Italian Civil Code and, if sold to a Consumer Customer, to those provided for by Italian Legislative Decree 206/05 (Articles 128-132). In the first case, the Customer shall benefit from the warranty for defects of the item sold referred to in Articles 1490 et seq. of the Italian Civil Code; the action aimed at enforcing the warranty for defects is prescribed after 1 (one) year from the delivery of the purchased Product and the related defects must be reported in accordance with the terms of Article 1495 of the Italian Civil Code.

11.2 In the case of a Consumer Customer, the Supplier shall be liable for any lack of conformity that occurs within two years of delivery of the goods. For the purposes of this contract, consumer goods shall be deemed in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually employed; b) they conform to the description given by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; c) they demonstrate the quality and performance that are usual in goods of the same type, which the consumer can reasonably expect, considering the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer, its agent or representative, in particular in advertising or labelling; d) they are also suitable for the particular use intended by the consumer and that the consumer has brought to the attention of the seller at the time the contract was concluded, as well as the seller having also accepted the same as conclusive facts.

11.3. The Buyer forfeits all rights if the Seller is not notified of the fault within two months from the date on which the defect was discovered. The report is not necessary if the seller has recognised the existence of the defect or has concealed it.

11.4. In any case, unless the contrary is proved, it is presumed that any lack of conformity which becomes apparent within six months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

11.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to Article 130(4) of the Italian Consumer Code.

11.6. The request must be sent in writing, by registered letter with return receipt or by certified or regular electronic mail to the Seller, who will indicate willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication message, if the Supplier has accepted the Buyer’s request, the same shall indicate the shipment or return method of the goods, as well as the time frame provided for the return or replacement of defective goods.

11.7. If repair and replacement are impossible or excessively onerous, or if the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, if the replacement or repair previously carried out has caused considerable inconvenience to the Buyer, the latter may request, at its choice, a reasonable reduction in the price or termination of the contract. In this case, the Buyer must send its request to the Supplier, which needs to indicate its agreement to the request or its reasons for not doing so, within seven working days of receipt.

11.8. In the same communication in which the Supplier has accepted the Buyer’s request, it will have to indicate the proposed price reduction or the defective goods return procedures. In such cases, the Buyer is responsible for indicating the method for being reimbursed the sums previously paid to the Supplier.


  1. Buyer obligations


12.1. The Buyer agrees to pay the price of goods purchased within the time and manner specified in the Contract.

12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and store this contract if it deems it necessary.

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 mandatory before the purchase confirmation.


  1. Right of withdrawal


13.1 The Buyer (Consumer Customer) has the right to withdraw from the contract, without any penalty and without specifying the reason, within 14 calendar days, starting from the day of receipt of the purchased goods.

13.2 If the Buyer decides to exercise the right of withdrawal, they must notify the seller by registered letter with return receipt to the address P. Bastiani S.r.l., Via San Nicolò 19, 34121 Trieste or by Fax to the number 040 630 942 or by e-mail to the Certified email address For the purpose of the exercise of the right of withdrawal, the sending of the communication may validly be replaced with the return of the goods purchased, provided that they are under the same terms. The parties agree that the valid dispatch date is that of delivery to the post office or courier.

13.3 The return of the goods by the Buyer must take place, without undue delay and, in any case, within 14 days from the date of communication to the Supplier of the withdrawal. If the returned items present damage or signs of wear resulting from handling not necessary to establish the nature, characteristics and operation of the same, the Supplier may deduct from the refund an amount corresponding to their decrease in value.

13.4 The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalised or which, by their nature, cannot be returned or risk deteriorating or rapidly altering, supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the Supplier is unable to control and in any other case provided for by Article 59 of the Italian Consumer Code.

13.5 The return costs shall be borne by the Consumer Customer. The Supplier shall reimburse all payments received from the Consumer Customer, including delivery costs (except for the additional costs deriving from the possible choice of a type of delivery other than the least expensive standard delivery offered by the Supplier) without undue delay and in any case no later than 14 days from the day on which the Supplier was informed of the decision to withdraw from the contract. The Supplier is authorised to withhold the refund until the same has received the goods or until the Consumer Customer has demonstrated that they have sent back the goods, whichever occurs first.

13.6 The Supplier will refund the price of the item for which the withdrawal has been exercised within 14 days of receipt of the notice of withdrawal by the Buyer. The Supplier may withhold the refund until receipt of the item or until the Buyer has provided proof that it has been returned, whichever occurs first.

13.7 However, the Consumer Customer shall be liable for any diminished value of the goods resulting from any handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

13.8 When notice from the Buyer stating their right of withdrawal has been received, the Parties in this contract are released from their mutual obligations, except as provided for in the previous points of this article.


  1. Resolution causes


14.1.  The obligations referred to in point 12, assumed by the Buyer, and the guarantee of successful payment, which the Buyer performs through the methods described in Article 5, and also the exact fulfilment of the obligations of the Supplier as per point 6, have an essential character, so that, for the agreement, the non-fulfilment of only one of the obligations, where not determined as due to unforeseeable circumstances or force majeure, shall provoke the termination of the contract in accordance with Article 1456 of the Italian Civil Code, without the need for any judicial decision.


  1. Information pursuant to Italian Legislative Decree 70/2003 and to the Consumer Customer


15.1 The following information is provided to the Buyer by the Supplier in a clear, understandable and unequivocal manner on the Website before the order is placed:

  • the various technical steps to be followed for the conclusion of the contract;
  • the manner in which the concluded contract will be archived and the relative access methods;
  • the technical means made available to the recipient to identify and correct data entry errors before placing the order with the provider.
  • any dispute resolution tools

15.2 Before the conclusion of the Contract, the Consumer Customer will receive the following additional information:

  • the identity and address of the trader;
  • the main characteristics of the goods, the total price, including taxes and shipping costs;
  • the methods of payment, delivery and execution, the date by which the trader undertakes to deliver the goods;
  • the terms and conditions and procedures for exercising the right of withdrawal;
  • a reminder of the existence of the legal guarantee of conformity for the goods and indication of the existence and terms and conditions of after-sales assistance and services and commercial guarantees.


  1. Processing of the Buyer’s personal data


16.1 The Buyer declares to have read the information provided pursuant to Article 13 European Regulation 2016/679, when filling in the online forms necessary to complete the registration.


  1. Methods of Archiving the Contract


17.1 The Supplier informs the Buyer that this contract may be printed or stored on the Buyer’s own devices.

17.2  Pursuant to Article 12 of Italian Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier’s premises, according to the criteria of confidentiality and security.


  1. Communications and complaints


18.1 Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: P. Bastiani S. r. l. Unipersonale, via San Nicolò 19, 34121 Trieste, or sent by fax to 040 630 942 or sent by e-mail to the following certified email address The Buyer shall indicate in the registration form their residence or domicile, telephone number or e-mail address at which they wish to be contacted by the Supplier.


  1. Dispute settlement


19.1 All disputes arising from this contract shall be devolved to an attempt at conciliation at the Mediation Body of the Chamber of Commerce of Trieste and resolved according to the Conciliation Regulations adopted by the same.

19.2 If the parties intend to refer the matter to the ordinary judicial authority, the competent court shall be that of the consumer’s place of residence or elective domicile.


  1. Languages available

20.1 The languages available on the website are Italian and English.


  1. Applicable law and reference

21.1 This Contract is governed by Italian law.