GENERAL CONTRACT CONDITIONS ESTABLISHED BY BONTA 'DELLA SARDEGNA BY ATZENI PAMELA
1. GENERAL PROVISIONS:
These general conditions of sale (hereinafter, "GENERAL CONDITIONS") are provided by ATZENI PAMELA to its customers with a view to transparency and completeness and apply to all sales of products (hereinafter, "PRODUCTS" or "PRODUCT ") purchased through the website www.bontadellasardegna.com (hereinafter," SITE ").
The administrator may sometimes find himself in the need to modify some provisions of the General Conditions; We therefore invite customers to consult them before each visit to the SITE.
The validation of an order implies the tacit reading and acceptance of the General Conditions present at that time.
The use of the remote sales service through the aforementioned SITE is therefore described in these GENERAL CONDITIONS and is reserved for consumers (hereinafter, "CUSTOMERS" or the "CUSTOMER").
The language available to conclude the contract is Italian.
In compliance with the provisions of the Italian and Community laws currently in force, the economic relationship between the Supplier and the CUSTOMER is governed by the consumer protection legislation exclusively in the event that the CUSTOMER purchases for personal purposes unrelated to their work.
The CUSTOMER is required to carefully read the GENERAL CONDITIONS that have been made available to him on the SITE, in order to allow the CUSTOMER to store and reproduce them pursuant to art.
12 of the Legislative Decree 9 April 2003, n. 70. The contracts concluded with Sarda Tellus (as defined below) through the SITE are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (hereinafter "CONSUMER CODE") and by Legislative Decree 9 April 2003, n. 70 (hereinafter, "ECOMMERCE DECREE").
2.IDENTIFICATION OF THE SELLER:
The seller is Pamela Atzeni's Bontà della Sardegna
3. INFORMATION RELATING TO PRODUCTS:
Information relating to PRODUCTS susceptible to distance selling through the SITE is available on www.bontadellasardegna.com. The aforementioned information is provided in compliance with articles 52 and 53 of the CONSUMER CODE.
4.PRICE:
The price of the PRODUCTS is understood to be inclusive of all taxes and duties. Shipping costs are not included.
All prices are expressed in Euros. The shipping costs are charged to the CUSTOMER and can be consulted in advance both before the final confirmation of the order, and in the specific section of the SITE dedicated to shipping costs and estimates.
5. PURCHASE PROCEDURE:
The essential characteristics and prices of the PRODUCTS are shown in the offer relating to each Product.
The SITE is structured as an online catalog that can be freely consulted without the need for preliminary identification.
For the purpose of purchasing the PRODUCTS, the CUSTOMER is obliged to specify his qualification as a private individual, through a registration procedure at the end of which he will obtain from the system the assignment of a user ID and a password with which to access his personal account.
For registration, you will be asked to enter the personal data necessary for the identification of the CUSTOMER as well as the tax data (by way of example CF date and place of birth, residence and / or domicile) necessary for the correct fulfillment of the tax obligations resulting from the commercial transaction. that will be stipulated and finally personal data (telephone number, mobile phone, e-mail) in order to allow the receipt of information about the status of the orders and to allow for the timely cancellation or modification of orders.
The CUSTOMER is responsible for the truthfulness and correct insertion of the data required for registration, therefore, for the purpose of purchasing products for which the age of majority is required (alcohol or other) the user, by registering on the site, will give confirmation or not of the age requirements to proceed with the purchase of the various types of goods permitted by the regulations in force in Italy.
The processing of the data provided by the CUSTOMER is carried out by Sarda Tellus in compliance with the privacy regulations.
Once registered, the CUSTOMER can proceed with the purchase by completing and sending the order form in electronic format to Sarda Tellus, following the instructions contained on the SITE.
The CUSTOMER must put the PRODUCT in the appropriate "virtual cart" and, after having read the GENERAL CONDITIONS, with particular reference to the contribution for delivery costs and the methods of exercising the right of withdrawal, must select the desired payment method and choose the "shopping cart" option.
Before submitting their purchase order, the CUSTOMER will have the possibility to correct any data entry errors by following the appropriate modification procedure contained in the SITE.
In particular, the CUSTOMER has the right to modify the quantity of PRODUCTS he intends to purchase, by adding or deleting one or more PRODUCTS from the "virtual cart".
By sending the order, the CUSTOMER acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the GENERAL CONDITIONS.
The CUSTOMER will have the opportunity to view and follow the status of his order through subsequent communications.
In any case, once the order has been received, the site will contact the CUSTOMER by e-mail to the address provided when registering and creating the user account, to report the receipt of the order, summarizing the content of the himself, the shipping address and the payment methods chosen, allowing the CUSTOMER to cancel or modify the order before it is shipped (The administrator reserves the right to evaluate the acceptance of the orders received).
By way of example but not limited to this option, please refer to the following art. 8. The administrator will communicate to the CUSTOMER the impossibility of accepting the orders received within 30 days from the day following the one in which the order was sent and will refund any sums already paid for the payment of the supply.
6.PAYMENT METHOD:
The prices of the products available for sale will be indicated in the currency of the reference country: in Euro (EUR) in case of shipment to Italy and Europe.
The prices of all products offered for sale on the site include VAT.
The CUSTOMER may pay the price of the PRODUCTS and the related delivery costs by credit card and Pay Pal. Payments made with credit cards of the circuits are accepted: Visa, MasterCard, American Express and cards issued by the major transaction circuits.
The transaction will be charged to the CUSTOMER's credit card only after: a) the company that manages the online transaction service of the credit card circuit provided by the CUSTOMER has verified the data of the same, b) has been received the debit authorization by the company issuing the credit card used by the CUSTOMER.
In the event that, for any reason, the debit of the amounts due by the CUSTOMER proves impossible, the administrator will proceed to cancel the transaction and the sale will be automatically canceled.
7. CONFIRMATION AND RECEIPT OF THE ORDER:
In compliance with the provisions of art. 53 of the CONSUMER CODE, the CUSTOMER receives, at the time of the execution of the contract, by e-mail, the confirmation of receipt of the purchase order originally sent in the manner referred to in Article 5 of these GENERAL CONDITIONS, containing a summary of the essential characteristics of the ordered product, the order quantity, its price, the amount paid, the existence, for CUSTOMERS, of the right of withdrawal - with an indication of the times and methods for returning the well - the geographical address to submit any complaints and information on the assistance services and existing commercial guarantees, the GENERAL CONDITIONS.
In this communication, the Supplier will also indicate the deadline within which the CUSTOMER can proceed with the cancellation or modification of the order.
8. INEFFECTIVENESS OF THE ORDER:
No contract must be considered concluded between Bontà Della Sardegna and the CUSTOMER if the administrator has reasonable grounds to believe that the CUSTOMER does not operate on the basis of an effective and genuine interest in purchasing the PRODUCTS ordered, or abuses the right of withdrawal. recognized by article 12 below.
In such cases, the order forwarded by the CUSTOMER must be considered ineffective.
The administrator will send to the CUSTOMER, by e-mail, a communication certifying the failure to conclude the Contract, also taking care of the cancellation of any charge and / or expense charged to the CUSTOMER.
9.TRANSPORT AND DELIVERY:
The PRODUCTS purchased on the SITE will be delivered to the address indicated by the CUSTOMER. In any case, the CUSTOMER has the right to request the delivery of the PRODUCTS to a natural person of his choice, whose residence or domicile is within the Italian territory. At the time of delivery, the signature of an adult over 18 years of age will be required. No deliveries will be made to post office boxes. For every order placed on the SITE, Bontà della Sardegna issues a tax receipt for the goods shipped, sending it by e-mail or post to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the CUSTOMER at the time of the order is valid. No change in the invoice will be possible after its issue. Delivery costs are charged to the CUSTOMER and are clearly highlighted on the SITE. All purchases will be delivered by courier (hereinafter, "COURIER") from Monday to Friday, excluding holidays and national holidays. The administrator is not responsible for unforeseeable delays. Bontà della Sardegna will send the CUSTOMER a confirmation e-mail once the PRODUCTS have been shipped, in which the shipment tracking number will be specified, through which it will be possible to view the status of the shipment after entering it on the COURIER SITE. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the CONSUMER CODE, the PRODUCTS will be delivered within a maximum period of 30 (thirty) days starting from the day following that in which the CUSTOMER sent the order. , unless Bontà della Sardegna does not communicate - within the same term, by e-mail - the impossibility of delivering the ordered goods following the unavailability, even temporary, of the PRODUCTS. In the event of such communication, any sums already paid by the CUSTOMER for the payment of the supply will be refunded. In the event that, in the event of a communication of a delay in the delivery date, the CUSTOMER who wishes to cancel the order, any amount already paid will be reimbursed (in the same manner performed by you) as soon as possible, and in any case no later than 14 (fourteen) days from the day following that on which the order was transmitted. For the delivery of the goods it is necessary the presence of the CUSTOMER, or alternatively of a representative at the address of the recipient indicated in the order. Pursuant to art. 63 of the Consumer Code, any damage to the packaging / packaging of the Products must be immediately contested by you by affixing a written control reserve on the proof of delivery. It is understood that, once the delivery document has been signed without any objection, any exceptions regarding the external characteristics of what has been delivered will be precluded. In the event that the carrier has been chosen by you other than those proposed during the purchase phase, the risk of damage to the perimeter of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics. external than what was delivered. In this case, any dispute must be raised directly by you against the carrier.
10. RIGHT OF WITHDRAWAL:
Pursuant to the provisions of the CONSUMER CODE referred to in Legislative Decree 21/2014, relating to the Right of Withdrawal, the CUSTOMER has the right to withdraw from the contract, without indicating the reasons within 14 days,
The withdrawal period expires after 14 days from the day on which the buyer or a third party other than the carrier acquires physical possession of the goods.
To exercise the right of withdrawal, the CUSTOMER is required to inform of his decision to withdraw from this contract through an explicit declaration, the CUSTOMER must send a written communication within 14 working days from the date of receipt of the goods.
This communication must be sent by registered letter with acknowledgment of receipt, addressed to: Atzeni Pamela via Is Corrias 11, 09134 Cagliari, for this purpose you can also fill in and use the attached withdrawal form, but it is not mandatory. You can also electronically fill in and submit the model withdrawal form or any other explicit declaration on our website. In case you choose this option; We will immediately send you an acknowledgment of receipt of the withdrawal on a durable medium (e.g. by e-mail). To meet the withdrawal deadline, it is sufficient for the CUSTOMER to send the communication concerning the exercise of the right of withdrawal within the aforementioned period of 14 days.
11.EFFECTS OF WITHDRAWAL.
If the CUSTOMER withdraws from this contract, you will be reimbursed for all payments made to us, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery from the least expensive type of standard delivery to offered us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 days only until you have demonstrated that you have returned the goods or until we have received them, whichever occurs first. These refunds will be made using the same payment method used by the CUSTOMER at the time of the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any case, he will not have to incur any costs as a consequence of this reimbursement.
12. EXCLUSIONS FROM WITHDRAWAL.
This right cannot be exercised in relation to the categories of goods and services expressly specified in art. 59 of Legislative Decree 21 February 2014, 21 of the Consumer Code. By way of example but not limited to, the types of products marketed on the SITE that are most likely to be subject to this exclusion are mentioned, namely:
c) the supply of goods made to measure or clearly personalized;
d) supply of goods which risk deteriorating or expiring rapidly;
e) supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;
f) supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the professional).
Once we have received the aforementioned notice of withdrawal, the CUSTOMER Service will communicate to the CUSTOMER the instructions on how to return the goods.
The right of withdrawal is however subject to the following conditions:
a) The law applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.
b) By law, the shipping costs for returning the goods are charged to the CUSTOMER.
c) The shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the CUSTOMER.
d) Sarda Tellus is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
e) In case of damage to the goods during transport, Sarda Tellus will notify the CUSTOMER of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to file a complaint against the courier chosen by him and obtain the reimbursement of the value of the asset (if insured).
In this case, the product will be made available to the CUSTOMER for its return at the same time as canceling the request for withdrawal.
f) If you withdraw from the contract, you will be reimbursed for all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case within 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 (fourteen) days only until you have demonstrated that you have returned the goods or until they are received by us, whichever occurs first.
g) Bontà della Sardegna will refund the CUSTOMER the full amount already paid, within 14 days from the return of the goods, by means of a reversal of the amount charged to the credit card or by bank transfer.
In the latter case, the CUSTOMER will be responsible for providing the bank details on which to obtain the reimbursement (IBAN Code - Current Account of the invoice holder).
The right of withdrawal is totally lost, due to lack of the essential integrity of the goods (packaging and / or its contents), in cases where it is ascertained:
to). The lack of the external packaging and / or the wrapping containing the purchased product (eg Pasta, Biscuits etc.);
b). Damage to the product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, the purchased goods will be returned to the sender, charging the shipping costs to the sender.
13 DECREASE IN VALUE:
The customer is only responsible for the decrease in value in the event of withdrawal, of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Below is an example of a withdrawal letter.
Withdrawal letter
Model withdrawal form pursuant to Article 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographical address and, if available, telephone number, fax number
and e-mail addresses must be entered by the Customer]:
- I / we hereby notify the withdrawal from my / our ... contract for the sale of the following goods / services
- Ordered on .... / received on ....
- Name of consumer (s) ...
- Address of the consumer (s) ...
- Signature of the consumer (s) ... (only if this form is notified in paper version)
- Date
14. LEGAL GUARANTEE OF CONFORMITY:
The legal guarantee of conformity is provided for by the Consumer Code (articles 128 et seq.) And protects the consumer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by the seller or to which that good is generally intended.
The legal guarantee lasts two years from the delivery of the goods and must be asserted by the consumer within two months from the discovery of the defect: it is therefore necessary to always keep the proof of purchase (tax receipt or receipt of which it is advisable to make a photocopy immediately because the cards receipts can become discolored over time).
The clauses inserted by professionals in contracts or general contract conditions with consumers that limit the duration of the legal guarantee or exclude it may integrate unfair clauses pursuant to article 33, paragraph 2, letter b), of the Consumer Code.
15.ERRORS:
The information relating to the PRODUCTS provided on the SITE is constantly updated.
However, the complete absence of errors cannot be guaranteed.
We reserve the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior notice.
Without prejudice to the possibility for the purchaser to report any errors or inconsistencies found in the online catalog by sending an email to info@bontadellasardegna.com, expressly inserting the words "ERROR REPORT" in the subject and specifying correctly the type of product or service in which the anomaly was found.
16.LIMITATIONS OF LIABILITY:
Any information relating to the products sold is based exclusively on the data published and disclosed by the respective manufacturers, therefore Bontà della Sardegna is not responsible for the correspondence of the goods sold to the specifications published on the SITE.
We also decline all responsibility for malfunctions, interruptions of services, degradation of performance, whether or not these are due to force majeure or unforeseeable circumstances, when they are not directly attributable to Bontà della Sardegna itself for its willful misconduct or gross negligence.
The CUSTOMER acknowledges and accepts that the acquisition of order proposals by Bontà della Sardegna through the site may be suspended during the closing periods.
Personal information such as personal data, tax code, VAT number, etc., are provided by the customer under his sole responsibility.
We decline any charge that could be promoted due to any false statements that may be made by users of the site when registering and purchasing the products marketed.
Where it is certain that the data provided by any type of customer during registration does not correspond to the truth, it reserves the right to report the conduct to the competent authorities.
17. PERSONAL DATA MANAGEMENT:
Data Controller: Atzeni Pamela- VIA IS CORRIAS 11, 09134 CAGLIARI Owner contact email: info@BONTADELLASARDEGNA.COM.
18.INTELLECTUAL PROPERTY:
All intellectual property rights, brands, copyrights, logos and models will remain the exclusive property of the respective producers of what is marketed on the SITE.
19. APPLICABLE LAW AND JURISDICTION:
These GENERAL CONDITIONS are governed by Italian law and must be interpreted in accordance with Italian law.
For disputes arising from the interpretation, validity and / or execution of these GENERAL CONDITIONS, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in the Italian territory.
20. DISPUTE RESOLUTION:
Pursuant to the European Union Regulation no. 524/2013, the CUSTOMER resident in Europe is informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European CUSTOMER to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them.
Consequently, if you are a CUSTOMER established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated by this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
21. COOKIES:
The website http://sardatellus.it/ uses "cookies". Cookies are electronic files that record information relating to the customer's navigation within the site (pages consulted, date and time of consultation) and that allow to offer an increasingly personalized service to its customers.