PROGETTO FIDUCIA

FOR E-COMMERCE

CODE OF CONDUCT

IMPLEMENTATION RULES

CODE OF CONDUCT FOR "PROGETTO FIDUCIA FEDERCOMIN" [Federcomin E-Confidence Project]

1.1.

Subscribe to the Code of Conduct means to accept all of its rules

The market must know for a fact that companies agreeing to the Code and displaying the Membership Trustmark accept and bind themselves to observe the Code.
The voluntary subscription on part of the company gives rise to its right and duty to display the Membership Trustmark on the Sites it uses for its business activities along with a link to the "Progetto Fiducia Federcomin" site where the Code text is found.

1.2.

The Code applies to e-commerce

It covers all dealings, communications and agreements carried out electronically and having direct or indirect business purposes, except for those explicitly and clearly excluded and consequently known by all the parties involved.

1.3.

The Code applies to relations with customers

The company binds itself to consider purchasers' demands and problems concerning supply of goods or services, and start actions to resolve them in a reasonable time scale (one / two weeks), promptly providing confirmations or further information.

1.4.

Observance of the Code is binding

The Trust Commmittee will intervene upon any dispute arising from non-compliance with the Code provisions, carry out an inquiry, voice its opinion and, in the event the Code rules have not been observed, inflict sanctions according to provisions laid out below, in section 6.5.

2.1.

The Code binds to provide clear and correct information

The company warrants all information provided by them on organisation, services, products and prices relating to e-commerce activities are true, correct and up-dated over time, and assume responsibility for it.

2.2.

The Code binds to acknowledge electronic communications as valid

Electronic information, as well as electronic offers and orders, are fully effective even in the absence of paper copies.
The company is committed to acknowledge such effectiveness, even in the event of legal proceedings.

2.3.

The Code binds to acknowledge electronic signatures as valid

The company is committed to acknowledge and accept the rules governing electronic signatures as laid down by law, and to communicate the form, standard and technology used.

2.4.

The Code takes for granted the system reliability

The company warrants e-commerce activities are integrated into the organisation so that commitments arising insofar can be honoured. Furthermore, it represents that systems supporting e-commerce are adequate, efficient and in line with the common standards.

3.

The company binds itself to fulfil orders with utmost diligence and to promptly inform the client of any possible delay able to affect its execution.

4.

The Code binds the company to indicate, clearly and simply:

Business name, structure, full address, registration data and VAT number.
E-mail addresses and telephone numbers of help lines and problem solving centres.
Information regarding quality certifications and/or special authorisations.
Characteristics and descriptions (with photos, possibly) of products and services on offer.
Term of contract and expiry date.
Price, before and after taxes, and relevant term of effectiveness.
Marketing possibilities and methods, and modification, confirmation, withdrawal or cancellation terms.
After sale services and relevant costs.
Invoicing methods and relevant terms.
Methods of payment and security systems in use.
Methods of delivery and of guarantee coming into effect.
Validity and applicability of guarantees.
Handling methods relating returned goods, terms, costs and refunds.
Orders of payment connected to end times for returned goods.
Laws to be applied in case of dispute.
Extra-judicial centre for the out-of-court settlement of disputes.
Commercial communications clearly identified as original.
Termination of undesired commercial communications forwarding.

5.1.

The Code binds to respect privacy

Being understood law provisions governing the right to privacy, the company acknowledges that handling of personal and commercial privacy is an essential part of the business relations and thus the relevant policies are to be made clearly known. Personal data remain confidential and shall only be used where the transactions require it.

5.2.

Additional information

The company has leave to separately ask for additional information and must be allowed to forward commercial information.
Where necessary, it shall also allow for data in its possession to be updated.

5.3.

Use of data

Data are only to be used for the purposes indicated.
Any other use shall be officially authorised and made public.
"Cookies", data obtained automatically via electronic means, are to be treated alike too.

5.4.

The Code binds to observe intellectual property rights

In case of agreements giving rise to doubts concerning the applicability of law provisions, every reasonable effort shall be made in order to safeguard intellectual property rights and obligations connected.

5.5.

The Code binds to comply with protection principles

It is essential that human dignity, without any form of discrimination, minors particularly in relation to exploitation and commerce of a sexual nature, and public order be protected, without spurring to or participating in actions against safety rules.

6.

The Trust Committee

6.1.

The Trust Committee is constituted by Federcomin, owner of the "Progetto Fiducia" Trademark.
It is chaired by the President of Federcomin or a person designated by him and made up of a maximum of eleven members designated by the Federation Board.

6.2.

The members are chosen among partners joining the Code initiative and/or experts in the resolution of controversies.
They remain in office for two years, with the possibility of being re-appointed for a second mandate.

6.3.

The Trust Committee has the task of ensuring that the Code is applied, intervening in the event breaches on part of subjects involved in e-commerce are reported, investigating and judging possible breaches and applying sanctions against those parties held to be defaulting.

6.4.

Any breach to be reported by e-mail.
The Committee starts an inquiry, set a term for the decision, notify the parties concerned, look into the case reported, prepare a report, discuss it if necessary with the parties concerned and finally make a decision.

6.5.

The decision shall be promptly noticed to the parties and provide reasons and measures to be taken.
Where establishing infringements of the Code and according to the circumstances, the Committee may notify a reprimand, a warning or a notice on the Site to the defaulting party or ask the latter to inhibit or stop using the Project Membership Trustmark.

IMPLEMENTATION RULES FOR "PROGETTO FIDUCIA FEDERCOMIN"

Article 1
(Joining "Progetto Fiducia")

1. Companies wishing to join "Progetto Fiducia" shall submit an application subscribed by their legal representatives, containing the following:
a) name and business name, registered office (and any operating office), VAT number / fiscal code, details of registration with the Business Registry and REA;
b) name and fiscal code of legal representative;
c) acceptance of the Code of Conduct and relevant Implementation Rules and commitment to observe them and comply with the decisions of the Board of Guarantors;
d) commitment to make use of the "Membership Trustmark" in accordance with methods and bounds provided for by "Progetto Fiducia";
e) information on their Site pages given over to e-commerce and containing the requisite steps for the acquisition of goods or services, and location of the referent for the fulfilment of requirements concerning publication of the Membership Trustmark and handling of complaints submitted to the Board of Guarantors;
f) a commitment to promptly update data supplied, with special reference to points in sections "a", "b", "e".

2. Company withdrawals may be noticed at any time by certified mail with advice of delivery, and shall come into effect from the moment they arrive at the "Progetto Fiducia" offices.

Article 2
(Electronic commerce)

1.For the purposes of these regulations, "electronic commerce" shall mean the information society services regulated by Directive 31/2000 CE (on electronic commerce), apart from exclusions provided for in said Directive.

Article 3
(Subjective range of application)

1.The Code of Conduct and these Regulations apply to all the company customers, be they consumers or non-consumers, making use of the information society services provided by the company..

Article 4
(Objective range of application)

1.The Code of Conduct and these Regulations apply to all services offered by the company by computerized way and concerning the acquisition of its goods or services and in particular - but not limited to - the means by which the company offers its goods and services to the customer and allows them to be used or purchased.

2.In the case of material goods, which need to be delivered to the customer, the Code of Conduct and these Regulations shall not apply to any defects or faults in these goods, whereas they shall apply to any misinformation provided by computerized way and pertaining to the goods as actually delivered.

3.In the event of services provided to the customer and other than the information society services, the Code of Conduct and these Regulations shall not apply to any defects or faults in the services themselves, whereas they shall apply to any differences between the information provided by computerized way and the services actually provided.

Article 5
(Obligation to provide information)

1.Before concluding an agreement, the company is bound to provide the customer, by computerized way, with all necessary and useful information regarding contents or features of the goods or services offered, prices, contractual terms, delivery methods and in particular all information laid out in the Directive 31/2000/CE, articles 5, 6 and 10 and in the Code of Conduct, article 4.

Article 6
(Acknowledgement of forms and signatures)

1.Within relations with its customers, the company acknowledges documents drawn up in electronic forms, and electronic signatures used by customers in accordance with the terms established by the company.

Article 7
(Personal data processing)

1.The company binds itself to observe regulations governing handling of personal data and in particular, to use customer's data solely and exclusively for purposes connected to the execution of the contract and for those expressly authorised by the customer.

2. Likewise, the company binds itself to hold as confidential, even where not leading to conclude an agreement, personal data acquired during access to the company computerised services.

Article 8
(Forwarding complaints to the company)

1.The company shall clearly indicate on its Site the name of the reference subject whom customers wishing to do so may forward to their complaints through computerized way.

2. Within complaint procedures, a form that can be easily filled in by customers and a reception confirming system shall be provided; the term, not to exceed seven days, within which a personal reply, even if not exhaustive, shall be received from the company shall also be indicated.

Article 9
(Involvement of the Trust Committee)

1.In the event no response is received from the Company within the term indicated in article 8, comma 2 or the firm response is not deemed satisfactory, the customer may appeal to the Trust Committee, as indicated in the Code of Conduct, article 6, by completing a form on the website www.progettofiducia.it .

2. Upon receiving the complaint, the "Progetto Fiducia" Office shall promptly start an inquiry looking into the complaint, requesting any inferences from the company and asking both parties to provide any useful information.

Article 10
(Decisional procedure)

1.For each complaint received, the Chairman of the Trust Committee shall designate a supervisor with the task of reporting back to the Committee.

2. The Office shall forward, whenever possible in electronic form, the documentation concerning the complaint to the members of the Committee.

3. Claim-related decisions may also be made by the Board within computerised meetings or through videoconferences. The Committee is regularly convened if the majority of members are present or, in the event of computerised meeting, the majority of members are participating.

4. Rulings are made by a majority. In the event of an equal number of votes, the President's vote prevails.

5. Where establishing a breach of the Code of Conduct and these Rules, the Committee shall take measures in accordance with the Code of Conduct, article 6.5.

Article 11
(Amendments to the Regulations)

1. These Rules may be amended by the Trust Committee by absolute majority and subject to binding opinion on part of Progetto Fiducia.