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Terms and conditions of sale
GENERAL CONDITIONS OF THE CONTRACT OF SALE OF GOODS SOLD ONLINE
PUBLIC OFFERING PURSUANT TO ART. 1336 OF THE CIVIL CODE
These general conditions may be printed or filed by the Client
Provider (Site Manager) Extremes.
The goods covered by these general conditions are offered for sale by the SOCIETY CASEIFICIO MONTECRISTO SRL, registered with the Chamber of Commerce of Perugia under the number of the Register of Companies, C.F. no. 02631570542 and VAT no. 02631570542 hereinafter referred to as “Provider,” Certified E-mail address: formaggimontecristo@pecmail.it.
- DEFINITIONS
1.1 The term “electronic commerce contract” means a contract having as its object goods and services entered into between a supplier (i.e., e-commerce site operator) and a customer or consumer within the framework of a distance sales or service provision system (i.e., without the simultaneous presence of the parties involved), organized by the supplier, which for such a contract employs exclusively one or more telematic communication techniques;
1.2 The expression “Purchaser” means the customer (person liable for VAT) or consumer natural person (as defined in Article 3 of Legislative Decree No. 206/2005, i.e., the natural person who makes the purchase for purposes not related to any commercial or professional activity carried out).
1.3 The term “Supplier (i.e., e-commerce site operator)” means the person named in the epigraph who sells the goods or provides the services.
- OSUBJECT OF CONTRACT
2.1 By this electronic commerce contract, the Supplier sells and the Buyer purchases at a distance by means of telematic tools the tangible movable goods or services that are listed and offered on the website www.montecristoacademy.it;
2.2 The aforementioned goods and services referred to in the preceding paragraph are available on the web page https://montecristoacademy.it , which shows the catalog of goods and services offered, contained within the aforementioned website. Products are depicted and made visible on the site accurately and corresponding to the characteristics they actually possess. However, the Supplier cannot guarantee the exact correspondence to reality in relation to the images and colors as they appear on the Customer’s monitor. In case of any difference between the picture and the written product sheet, the product sheet description shall prevail.
- LE VARIOUS TECHNICAL STEPS TO BE FOLLOWED TO CONCLUDE THE CONTRACT
3.1 The contract between Supplier and Buyer is concluded exclusively through the Internet. The Buyer once logged in to the address https://montecristoacademy.it, shall follow the procedures set forth within the same site in order to formalize its acceptance for the purchase of goods and services 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 manifested through the accession sent online at https://montecristoacademy.it and the subsequent sending of the forum/form itself, again after display of an order summary web page, printable, in which the details of the ordering party, the price of the goods purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal are shown.
3.3 When the Supplier receives the Buyer’s acceptance of the order, it shall either send a confirmation e-mail or display a printable web page confirming and summarizing the order, in which the data recalled in the preceding paragraph are also shown.
3.4 As soon as payment for the good is received, the Supplier will proceed to issue relevant tax document in accordance with Presidential Decree No. 633/1972 where it is provided for in the standard. In the event that the Buyer wishes to receive an invoice, the Buyer must notify the Supplier when completing the order. When filling out the order, the Buyer must provide in this regard the data relating to its tax code or VAT number.
3.5 This contract shall not be considered perfected, hence ineffective if the above points are missing.
- MODALITY OF PAYMENT AND REIMBURSEMENT
4.1 Any payment for the purchased goods by the Purchaser shall be made only by the payment methods indicated on the Supplier’s website at https://montecristoacademy.it .
4.2 Any reimbursement to the Purchaser will be credited by one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the case of the exercise of the right of withdrawal as governed by clause 12, item 7 et seq. of this contract, at the latest within 14 days from the day on which the Supplier became aware of the withdrawal. The Supplier may withhold the refund until receipt of the item or until the Buyer has provided proof of return, whichever comes first.
4.3 All payment-related communications take place on a dedicated Supplier line protected by an encryption system. The Provider guarantees the storage of this information with an additional layer of security encryption in deference to the provisions of current data protection regulations.
- TEMPI AND MODE OF DELIVERY
5.1 The Supplier will deliver the products (movable goods) and/or services selected and ordered, without undue delay and, at the latest, within thirty days from the date of the conclusion of the contract itself, in the manner chosen by the Buyer or indicated on the website at the time of offering the goods.
5.2 In the event that the Supplier is unable to make the shipment within the time period specified in 5.1, timely notice will be given by e-mail to the Buyer or by telephone if such credentials have been provided in the order.
5.3 Shipping methods, times and costs are punctually indicated on the Supplier’s website at. https://montecristoacademy.it .
- PREZZI
6.1 All sales prices of products and services displayed and indicated within the website https://montecristoacademy.it , are expressed in euros and constitute an offer to the public within the meaning Of Art. 1336 of the Civil Code.
6.2 The sales prices, mentioned in the preceding paragraph, include VAT and any other taxes. Shipping costs and ancillary charges, if any, although not included in the purchase price, will be indicated and calculated by the Supplier in the purchase procedure prior to the inostro of the order by the Buyer and also contained in the summary web page of the order placed.
6.3 The prices listed against each of the goods and services offered to the public are valid until the date indicated in the catalog or in the “Shop” section of the site.
- DAVAILABILITY OF PRODUCTS.
7.1 The supplier shall ensure through the computer system used that orders are processed and fulfilled without delay. For this purpose, it indicates in real time in its electronic catalog the number of available and unavailable products and services, as well as the shipping time.
7.2 If an order exceeds the existing quantity in the warehouse, the Supplier will, by e-mail or other means, let the buyer know whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether or not it intends to confirm the order.
7.3 The Supplier’s computer system shall confirm in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the user in accordance with Section 3.3.
- LIMITATIONS OF RESPONSIBILITY
8.1 The Supplier assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
8.2 The Supplier shall not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its subcontractors.
8.3 The Supplier shall also not be liable in respect of damages, losses and costs suffered by the Purchaser as a result of the non-performance of the contract for reasons not attributable to him, the Purchaser being entitled only to a full refund of the price paid and any ancillary charges incurred.
8.4 The Supplier assumes no liability for any fraudulent and unlawful use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence.
8.5 In no event shall Buyer be held liable for any delay or mishap in payment if it proves that it has made the payment in the time and manner specified by Supplier.
- REXPONSABILITY FROM DEFECT., PROOF OF DAMAGE AND COMPENSABLE DAMAGES: OBBLIGS OF FORNITOR
9.1 The Supplier is liable, pursuant to Articles 114 et seq. of the Consumer Code, for the damage caused by defects in the goods sold if he fails to inform the injured party, within the period of three months from the request, of the identity and domicile of the manufacturer or the person who supplied him with the goods.
9.2 The claim for damage, 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 on view of the product, if it still exists.
9.3 The Supplier shall not be liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal standard or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not allow the product to be considered defective.
9.4 No compensation shall be due if the injured party was aware of the defect in the product and the danger arising therefrom and no less voluntarily exposed himself to it.
9.5 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
9.6 The injured party may claim damages caused by death or personal injury or by destruction or deterioration of a thing other than the defective product, provided it is of a type normally intended for private use or consumption and so primarily used by the injured party.
9.7 The property damage referred to in Art. 123 of the Consumer Code will, however, give compensation only to the extent that exceeds the sum of three hundred and eighty-seven euros (387.00 euros).
- GARANTHOUGH AND MODES OF ASSISTANCE
10.1The Supplier shall be liable for any lack of conformity that becomes apparent within the period of two years from the delivery of the goods.
10.2For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) are suitable for the use for which goods of the same type are customarily used; (b) conform to the description made by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; (c) present the usual quality and performance of goods of the same kind, which the consumer may reasonably expect, taking into account the nature of the goods and, and where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, particularly in advertising or on labeling; (d) are also suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has also accepted by conclusive facts.
10.3 The Buyer forfeits all rights if he or she fails to report the lack of conformity to the seller within two months from the date the defect was discovered. Reporting is not necessary if the seller has acknowledged the existence of the defect or concealed it.
10.4 In any case, unless proven otherwise, defects in conformity that become apparent within six months of delivery of the goods shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the goods or the nature of the defect in conformity.
10.5 In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions set forth below, the repair or replacement of the purchased good and/or service, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to Art. 130 paragraph 4, of the Consumer Code.
10.6 The request must be made in writing, either by registered mail with return receipt or by Certified Electronic Mail (PEC) formaggimontecristo@pecmail.it to the Supplier, who will indicate its willingness to act on the request, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, where the supplier has accepted the Buyer’s request, it shall indicate the method of shipment or return of the goods as well as the expected time limit for the return or replacement of the defective goods.
10.7 If repair and replacement are impossible or unduly burdensome, or the Supplier has failed to repair or replace the goods within the time period referred to in the preceding paragraph, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the Purchaser may, at its option, demand a reasonable reduction in the price or termination of the contract. In such a case, the Buyer shall send his request to the Supplier, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within seven working days of receipt.
10.8 In the same communication, where the supplier has accepted the Buyer’s request, it shall indicate the proposed price reduction or the manner in which the defective good will be returned. It will be the Buyer’s burden in such cases to indicate how the sums previously paid to the Supplier will be credited.
- OBBLIGS OF‘ACQUIRER
11.1 The Buyer agrees to pay the price of the goods and/or services purchased in the time and manner specified in the contract.
11.2 The Buyer agrees, upon completion of the online purchase process, to arrange for the printing and storage of this contract should it deem it necessary.
11.3 The information contained in this contract has, moreover, already been reviewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory prior to confirmation of purchase.
- DIRITTO OF WITHDRAWAL.
12.1 The Buyer in any case has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 calendar days, starting from the day of receipt of the purchased goods.
12.2 In the event that the Buyer decides to avail himself of the right of withdrawal, he must notify the seller by registered letter with return receipt to the address: Caseificio Montecristo Srl Località Bodoglie snc C.A.P. 06059 Frazione Pian di Porto Todi (PG) or by PEC (Posta Certified Electronic Mail): formaggimontecristo@pecmail.it . For the purposes of exercising the right of withdrawal, the sending of the notice may validly be replaced by the return of the purchased goods, provided that the same terms. The date of delivery to the post office or forwarding agent will be conclusive between the parties.
12.3 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 the notice of withdrawal to the Supplier. If the returned items show damage or signs of wear and tear resulting from handling not necessary to establish the nature, characteristics and operation of the items, the Supplier may withhold from the refund an amount corresponding to their decrease in value.
12.4 The Buyer may not exercise this right of withdrawal for contracts for the purchase of products that are custom-made or clearly customized or that, by their nature, cannot be returned or are likely to deteriorate or alter rapidly, as in the specific case of food products that can be purchased in the “shop” section of the website https://montecristoacademy.it, and in any other case provided for in Art. 59 of the Code of Consumption.
12.5 The only costs payable by the consumer for the exercise of the right of withdrawal under this Article shall be the direct costs of returning the goods to the Supplier.
12.6 The Supplier will make a refund of the price of the item for which the withdrawal was exercised within 14 days of receipt of the withdrawal notice from the Buyer. The Supplier may withhold the refund until receipt of the item or until the Buyer has provided proof of return, whichever comes first.
12.7 Upon receipt of the notice by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this Article.
- CAUSE OF RESOLUTION.
13.1 The obligations referred to in Item 11, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes by the means referred to in Art. 4, and likewise the exact fulfillment of the obligations assumed by the Supplier in point 5, are essential in nature, so that by express agreement, the non-fulfillment of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1452 of the Civil Code, without the need for judicial pronouncement.
- TPROCESSING OF PERSONAL DATA OF THE‘ACQUIRER
14.1 In compliance with the provisions of the European Regulation 2016/679 (hereinafter GDPR) and the provisions of Legislative Decree 196/2003 (as amended/supplemented by Legislative Decree No. 101 of August 10, 2018), the Supplier wishes to inform the Customer that the personal data provided by the latter or acquired by the Supplier as part of its business, necessary to implement the services offered to the Customer, will be treated in accordance with the regulations on Privacy and the principles of fairness, lawfulness, transparency and protection of confidentiality and Customer rights.
The Supplier also conveys the following information to the Customer:
DATA CONTROLLER is the Supplier Caseificio Montecristo, a company based in Todi Locality Bodoglie s.n.c. Cap 06059 Frazione Pian di Porto, contactable at the following addresses: phone +39 075.89.87.309 e-mail:
info@formaggimontecristo.i
t, PEC:
formaggimotecristo@pecmail.it
, some personal data that are implied by the use of information protocols on the Internet (by way of example Domain names and IP addresses). This data is not accompanied by any additional personal information and is used to obtain anonymous statistical information on the use of the site, to monitor how the site is used, and to ascertain any liability in the event of computer crimes. The legal basis legitimizing the processing of such data is the need to make the functionality of the corporate site usable as a result of the User’s access;
- The data voluntarily provided by the User, on the other hand, are those necessary for the Holder to provide the available services and are processed lawfully and fairly, are also collected and recorded for the determined, explicit and legitimate purposes set forth below and are used in processing operations that are not incompatible with these purposes;
- Personal data (data personal identification data such as for example: first name, last name, company name, tax code, VAT number, address, telephone, fax, e-mail, bank and payment references) are collected and processed:
- To carry out customer relationship activities according to pre-contractual and contractual agreements;
- To conduct in-person and distance training activities according to agreements pre-contractual and contractual agreements;
- For internal administrative, tax, or accounting purposes related to the relationship Supplier Customer and to fulfill the obligations generally provided for Charged to the Data Controller by laws or regulations, by community regulations, requests from the Authority Judicial or to exercise the rights of the Holder (ad example, the right to defense in court).
- In the presence of specific Client’s separate consent, for the following purposes of Marketing: send (via e-mail, mail, text message or phone contact) newsletters, updates on the Holder’s activities, advertising material or commercial communications – possibly including Personalized based on the User’s consumption habits (profiling) – on products or services offered by the Owner that the Client may deem to be of interest to you and to detect the degree of satisfaction with the quality of services, including requests for Participation in market analysis or research;
- With the specific separate consent of the Client, for the following purposes of Marketing: send (via e-mail, mail, text message or phone contact) newsletters, updates on the Holder’s activities, material advertising or commercial communications – possibly including Personalized based on the User’s consumption habits (profiling)-on products or services offered by third parties;
- In the case of sending resumes, exclusively for the purpose of selection of personnel and for the establishment of an employment relationship.
- The legal basis that legitimizes the processing of data under “a” (agreements pre-contractual and contractual) and “b” (administrative purposes, accounting or tax purposes) is the performance of a contract for the provision of services to which the Customer is a party, or the performance pre-contractual activity at the request of the Client.
- In the cases expressly mentioned in points “c” (marketing and profiling), “d” (marketing and profiling by third parties) and “e” (curriculum vitae) the legal basis is the consent given by the Client.
- Pursuant to Articles 9 and 10 of the GDPR, the Client may provide the Controller with data qualifying as “special categories of personal data” (i.e., those data revealing “racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership …genetic data, biometric data intended to uniquely identify a natural person, data relating to a person’s health or sex life or sexual orientation”). These categories of data may be processed by the Owner only with the Client’s consent, given in writing by signing this Information Notice for contractual needs and related fulfillment of legal and tax obligations and for personnel selection needs.
14.3 The processing of the Customer’s personal data is carried out by means of the operations of: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of data.
The Customer’s personal data are collected as a result of direct dispatch to the Owner, by filling in forms or forms generally prepared for this purpose, also included in contractual documents or collected by telephone by the operator as part of pre-contractual activities. Data are processed both by manual processing in paper format and by electronic or otherwise automated, computerized and telematic means. The data collected are recorded and stored by the Owner in computer and paper files, and kept and controlled in such a way as to minimize the risks of destruction or loss, including accidental loss, unauthorized access, and processing that is not permitted or not in accordance with the purposes of collection. The data are processed by employees or contractors of the Owner, duly trained to do so.
14.4 The provision of personal data related to processing is optional in nature. However, the partial or total failure to provide data may result in the partial or total impossibility of establishing or continuing the relationship with the Client, insofar as such data are necessary for the execution of the same.
Providing data for marketing purposes is also optional. The Client may then decide not to give any data or to deny later the possibility of processing data already provided: in this case, he/she will not be able to receive newsletters, commercial communications and advertising material in general inherent to the services offered by the Owner.
14.5 The processing of Customer data is carried out by internal staff of the Owner (employees, collaborators, system administrators), identified and authorized for processing according to the instructions that are given in compliance with the current privacy and data security regulations. If this is necessary for the purposes indicated in Article 14.2, the customer’s personal data may be processed by third parties appointed as Data Processors (pursuant to Article 28 of the GDPR) or “Autonomous” Data Controllers. The updated list of Data Processors and Authorized Persons (formerly Data Processors) is kept at the registered office of the Data Controller.
14.6 As part of the management of the contractual relationship, no transfer of User’s data to countries outside the EU or to international organizations is planned.
14.7 For the purposes under “a” (pre-contractual and contractual agreements) and “b” (administrative, accounting or tax purposes) of Art. 14.2 The Customer’s personal data will be processed and stored by the Controller for the entire duration of the contractual relationship between the Customer and the Controller and, upon termination of the same for whatever reason, will be kept for the time provided for – for each category of data – by current accounting, tax, civil and procedural regulations. For the purposes of “c” (marketing and profiling), “d” (marketing and profiling by third parties) the Customer’s personal data will be processed and stored by the Controller until consent is revoked by the Client or until the Client exercises the right to object to the processing or the right to delete personal data. For the purposes of letter “e” (curricula vitae), the Client’s personal data may be processed and stored by the Controller for a maximum of 12 months from the date of receipt.
14.8 In your capacity as a Data Subject and in relation to the treatments described in this
Information, the Client has the rights under Articles 7,15 to 21, and 77 of the GDPR and in particular the:
- Right of access – Art. 15 GDPR: the right to have confirmation as to whether or not personal data concerning the Client is being processed and, if so, to obtain access to teli personal data, including a copy of the same;
- Right of rectification – art. 16 GDPR: right to obtain, without justified delay, incomplete rectification;
- Right of deletion (right to be forgotten) – art. 17 GDPR: right to obtain without undue delay, the deletion of personal data concerning the Client;
- Right of limitation of processing – art. 18 GDPR: right to obtain the limitation of the processing, when: the Data Subject disputes the accuracy of the personal data, for the period necessary for the Data Controller to verify the accuracy of such data; the processing is unlawful and the Data Subject objects to the deletion of the personal data and instead requests that its use be restricted; the personal data is necessary for the Data Subject to establish, exercise or defend a right in court; the Data Subject has objected to the processing pursuant to Art. 21 GDPR, during the period pending verification as to whether the Data Controller’s legitimate reasons prevail over those of the Data Subject;
- Right to data portability – Article 20 GDPR: right to receive, in a structured, commonly used and machine-readable format, personal data concerning the Client provided to the Data Controller and the right to transmit it to another Data Controller without hindrance, Where the processing is based on consent and is carried out by automated means. In addition, the right to have the data User’s personal information is transmitted directly to another Data Controller if this is technically feasible;
- Right to object Article 21 GDPR: the right to object at any time on grounds relating to his or her particular situation to the processing of personal data concerning the Client based on the lawful condition of legitimate interest or performance of a task of public interest or exercise of public authority, including profiling, unless there are legitimate grounds for the Controller to continue processing that overrides the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defense of a right in judicial venue. In addition, the right to object to processing at any time if personal data are processed for direct marketing purposes, including profiling, to the extent it is related to direct marketing canvas;
- Right of revocation Art. 7 GDPR: The Client has the right to revoke their consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to withdrawal;
- Right of complaint – art. 77 GDPR: the Client has the right to propose complaint to the Italian Data Protection Authority, Piazza Montecitorio 121, 00186, Rome.
14.9 The Customer may at any time exercise its rights by sending a registered letter a.r. to: Caseificio Montecristo Srl Località Bodoglie snc C.A.P. 06059 Frazione Pian di Porto Todi (PG) or via PEC: formaggimotecristo@pecmail.it .
In order to exercise the rights as outlined in this policy, as well as to receive any information related to the same, the Client may contact the Holder, including through the designated facilities, we will take care of the request and provide the Client, without unjustified delay, and in any case, no later than one month after its receipt, the information regarding the action taken regarding the request.
The exercise of rights by the Client is free of charge under Article 12 of the GDPR. However, in the case of manifestly unfounded or excessive requests, including those that are repetitive, the Holder may charge the Client a reasonable fee in light of the administrative costs incurred in handling his request, or deny satisfaction of his request.
This Privacy Policy was last amended on: 18/01/2022.
- MODALITY OF FILING THE CONTRACT
15.1 The Supplier informs the Purchaser that this contract may be printed or stored on the Purchaser’s own devices.
15.2 Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital or hard copy form on the server at the Supplier’s premises, according to criteria of confidentiality and security.
- COMUNICATIONS AND COMPLAINTS.
16.1 Written communications directed to the Supplier and any complaints will be considered valid only where they are sent to the following physical address: Caseificio Montecristo Srl Località Bodoglie snc C.A.P. 06059 Frazione Pian di Porto Todi (PG) or transmitted via PEC: formaggimotecristo@pecmail.it . The Purchaser indicates on the registration form his or her residence or domicile, the telephone number or e-mail address to which he or she wishes communications from the Provider to be sent.
- COMPOSITION OF DISPUTES
17.1 All disputes arising from this contract shall be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of Perugia and resolved according to the Conciliation Rules adopted by it.
17.2 If the parties intend to bring an action before the ordinary Judicial Authority, the place of jurisdiction shall be the place of residence or elective domicile of the consumer.
- LINGUE AVAILABLE
18.1The languages available within the website https://montecristoacademy.it Are: Italian.
- LEGGE APPLICABLE AND REFERRAL
19.1 This contract is governed by Italian Law.