General terms and conditions of sale - Pre-Contractual Information - Withdrawal

GENERAL TERMS AND CONDITIONS OF SALE - PRE-CONTRACTUAL INFORMATION - WITHDRAWAL

GENERAL INFORMATION ON THE SELLER AND APPLICABLE RULES

These general conditions of sale (hereinafter, "General Conditions") govern the purchase of products and services, made remotely via the Internet through the e-commerce platform www.bottegadicalabria.it (hereinafter referred to as "Site") in compliance with Italian law under Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code"). The seller of the products and owner of the site is "Commerciando S.R.L." with registered office in Piazza Europa, 9 - 87100 (CS) Cosenza - VAT number 03589480783 (hereinafter also 'seller or the selling company') registered with the Chamber of Commerce of Cosenza under no. Rea CS 246980, in the person of the managing director Carlo Stumpo, tel. and fax number 09841758060, PEC commerciando@postalegalecertificata.it. The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these Terms and Conditions, to be understood (see below) as pre-contractual information, which have been made available to him on the Site and will be available at all times by the customer through the link, attachments or text contained in the confirmation email sent before and after each order to allow the reproduction and storage. In the event that the person making purchases on the Site requires the issuance of an invoice and / or otherwise is not a "consumer or user" as defined in art. 3, paragraph 1, letter. a) of the Consumer Code, will not apply the discipline of withdrawal under art. 7 and 8 of these Terms and Conditions nor, more generally, the provisions that under the same Consumer Code apply only to "consumers". The contracts concluded with Commerciando S.R.L. through the Site are governed by these General Conditions in accordance with Italian law.

 

PRE-CONTRACTUAL INFORMATION

With the transmission of this document, the selling company also offers the consumer the pre-contractual information referred to in Article 1 of Legislative Decree 21/14 and in accordance with Articles 45 et seq. of Legislative Decree 206/05.

Before, therefore, to finalize the payment, the consumer agrees to receive, by clicking on the appropriate checkbox required, on a durable medium (email or pdf attached to email) the following document containing all the legal information to identify the seller and inform the buyer of the rights enjoyed in accordance with the provisions of the Consumer Code.

The information provided will then form an integral part of the distance contract or the contract negotiated away from business premises, in the event of confirmation of the order, and can not be changed except with the express consent of the parties.

 

PRODUCT INFORMATION

The characteristics and price of the various products on sale on the Site (hereinafter "Product" or "Products") are listed on the page relating to each item. Each product has a dedicated sheet indicating the name of the manufacturer and all the main characteristics of the article. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet Esigue variations between these photographs and the reality do not constitute defects of conformity. For all products sold, the producer's responsibility applies. In the case of packaged products, the manufacturer is also responsible for the truthfulness and completeness of the information on the packaging and labels.

 

PRODUCT SELECTION AND ORDERING PROCEDURE

The sending of the order from the Site has the value of a contractual proposal. For the purchase of the Products, the Customer must fill in and send the order form in electronic format, following the instructions and procedures contained in the Site. The Customer must add the Product to the "Shopping Cart" and, after entering the data necessary for shipping and invoicing, must read the General Conditions and Privacy Policy and confirm their acceptance. The order request procedure ends with the selection of the desired payment method and the confirmation of order sending through the appropriate button. By sending the order from the Site, which has the value of a contract proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure, made visible on the site with a text box and its mandatory checkbox, and to accept in full these General Conditions and payment transcribed, in fact expressly accepted by ticking the relevant checkbox (ie by checking the box where these general conditions are shown, without which the sale procedure does not continue). Also declares to consent to the processing of personal data in the manner indicated in the Privacy Policy, also made visible through the text field with the same checkbox required. The contract stipulated between Commerciando S.R.L. and the Customer shall be considered concluded and perfected with the acceptance of the order by Commerciando S.R.L.. This acceptance is communicated to the Customer by means of an order confirmation email containing these General Conditions, the information on confidentiality, the order number, the shipping and invoicing data, the list of Products ordered, the total price, including delivery costs and the amount of value added tax (VAT). The Customer will check the confirmation email and if he identifies any errors in the order he will have 12 hours from the receipt of such email to contact Customer Service directly from the Site using the appropriate contact form. After this time the order will be processed for shipment and will no longer be accepted changes, without prejudice to the rights of the Customer referred to in Article 7 below. Upon receipt of the order Commerciando S.R.L. will check the availability of the items in stock for the execution of the order itself. In the event that one or more Products are not available, the Customer Service of Commerciando S.R.L. will send timely notice by email to the Customer who, within the next 12 hours, will have the right to respond to confirm the shipment of any further Products available or cancel it. If there is no response within this period, the order will be considered confirmed and the Products available will be shipped. If only a few Products are not in stock, Commerciando S.R.L. will process the order with the Products available. In both cases, the amount relating to the missing Products will be immediately reversed depending on the payment method chosen.

In compliance with the current legislation of the Italian Republic, the sale of alcoholic beverages is permitted only to consumers who are eighteen years of age or older. The user of Commerciando S.R.L. who, by purchasing alcoholic products, confirms his acceptance of these sales conditions, declares under his own responsibility that he has the age requirements required by law.

 

PAYMENT METHODS

The Customer may pay the price of the Products and the related delivery costs by credit card, cash on delivery, Paypal and bank transfer.

  • Credit Card: payment will be made only after obtaining authorization from the credit card issuer for the amount equal to the price of the product ordered. The payment order will be transmitted - via a secure connection - directly to the portal of the bank or finance company expressly indicated by the Customer.
  • Cash on delivery: payment will be made upon receipt of the Products and can only be made in cash. This service has an additional cost of € 3.00 on the total order, except for increases that will be communicated and / or reported in the cart before the completion of the order process.
  • PayPal: once the order is confirmed, the customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in accordance with the relevant conditions. Obviously, the customer is responsible for the costs of Paypal commissions.
  • Bank transfer: made out to Commerciando S.R.L. IBAN: IT95 J054 2416 2010 0000 1010697. Obviously the customer is responsible for the costs of bank fees.
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    TRANSPORT AND DELIVERY

    The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate section "addresses" All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and public holidays. Commerciando S.R.L. is not responsible for unforeseeable delays or those not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email in which will be included a link, if available, to refer to for tracking the shipment. In any case, except in cases of bigger force or chance, the Products ordered will be delivered within an indicative period from 7 (seven) to 30 (thirty) working days from the day following the day on which Commerciando S.R.L. has confirmed the order to the Customer through a special order confirmation email. The service includes 1 delivery attempt at the address indicated at the time of the order. A notice will be left after the transfer. If the consignee cannot be traced or is absent, exceeding the period of storage allowed by the carrier, the goods will be returned to the warehouse. The seller is not responsible in case of failure to collect the package in stock, which can not constitute grounds for complaint and / or refund. In the event that the customer wants again the goods not delivered for complete storage and returned to the warehouse of the seller, may request a new delivery (by PEC and / or collection a / r - commerciando@legalmail.it; Commerciando S.r.l. Piazza Europa 9 87100 Cosenza - no later than 30 days after the return of the goods to the seller) upon payment of other shipping costs. It is understood that the seller will not be in any way responsible for delays in shipments if they are less than the 30-day period provided for in art. 61 paragraph Consumer Code.

     

    RIGHT OF WITHDRAWAL - COMPLAINTS

    The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except for the cases of exclusion provided for in the following points. To exercise this right, the Customer must send Commerciando S.R.L. a communication within and no later than 14 days from the date of receipt of the products, and then return them in the manner described below. In the event that the person who makes purchases on the Site requests the issue of an invoice and/or is not a "consumer or user" as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the rules on withdrawal or, more generally, the provisions of the same Consumer Code will not apply to "consumers" only. Such communication must be sent by registered letter with return receipt, addressed to: "Commerciando S.R.L.". - Piazza Europa 9, 87100 Cosenza (CS) Italy. The Customer Service of Commerciando S.R.L., once received the communication, will open a file for the management of the return and will communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by Commerciando S.R.L. itself.

    In case of right of withdrawal exercise, Commerciando S.R.L. will reimburse the customer the entire amount of the returned goods, excluding return costs, within the terms set out below, without prejudice to Commerciando S.R.L.'s right to suspend payment of the reimbursement until the actual receipt of the goods and after checking their integrity (see below). The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer or cash on delivery payment, the Client shall provide the bank details on which the refund can be obtained (account holder, name and address of the Bank and IBAN).

    Commerciando's Customer Service will, upon receipt of the notice of withdrawal, open a file for the management of the return and communicate to the Customer instructions on how to return the Products that must be received at the seller's warehouses within 14 days of authorization. The refund will be made within 14 days after the return of the purchased goods, with the following clarifications:

    1. The shipping costs related to the return of the goods shall be borne by the customer.

    2. The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer.

    3. Commerciando is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; therefore no refund will be made if the returned goods do not return to the seller's warehouse.

    4. In case of damage to the goods during transport, Commerciando will inform the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured). In this case, the product will be made available to the customer for its return at the same time cancelling the request for withdrawal.

    5. The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the goods (packaging and / or its content), in cases where Trading ascertains:

    a. The lack of the outer packaging and / or packaging containing the product purchased;
    b. The damage of the product for causes other than its transport;

    In case of forfeiture of the right of withdrawal, Commerciando will return the purchased goods to the sender, charging the same shipping costs.

    If the customer wishes to exercise the right of withdrawal for goods not yet received due to delays in delivery depending on the carrier, the refund will be made within 14 days from the time the carrier is ready to return the delivery to sender. In case of loss of the parcel, the 14 days period to make the refund will start from the 30th day after the departure of the purchased goods.

    In addition to the cases indicated above (customer who is not a consumer and/or who requests the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:

    - order of products made to measure or clearly personalized;
    - order of products that are in danger of deteriorating or expiring rapidly;
    - order of sealed products that are not suitable to be returned for hygienic or health protection reasons and/or that have been opened after delivery.

    With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk to deteriorate or expire rapidly" include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Commerciando S.R.L. and put back on the market without danger to consumer health (such as books, gadgets, kitchen utensils, etc.). If the customer also intends to return goods excluded from the right of withdrawal (pursuant to art. 59 letter b) of Legislative Decree 21/2014), Commerciando S.R.L. will refuse the package and/or will return the Products to the Customer, charging him/her, in this case, the new shipping costs.

    For any complaint and / or reporting and / or request for information you can contact the party selling the products and owner of the site www.bottegadicalabria.it, company "Commerciando S.R.L." with headquarters in Piazza Europa, 9 - 87100 (CS) Cosenza - VAT 03589480783 registered with the Chamber of Commerce of Cosenza Rea CS 246980, in the person of the administrator p.t. ing. Carlo Stumpo, tel and fax 09841758060, email info@bottegadicalabria.com, PEC commerciando@postalegalecertificata.it.

Copyright © 2020 Bottega di Calabria is a product of Commerciando S.R.L. - I&I Group