GENERAL CONDITIONS OF ONLINE SALE (B2C)
of ENOTECA PROPERZIO SRL, Piazza G. Matteotti 8 - 06038 Spello (PG), Italy, VAT number IT03239840543, Tel. (+39) 0742 267552, Fax (+39) 0742 304511, e-mail: info@enotecaproperzio.com, in person of the legal representative, Mr. Roberto Angelini (hereinafter "Seller");
Given:
- that the Seller manages the site www.enotecaproperzio.it (hereinafter "website");
- that the site is destined to commercial transactions between entrepreneur and consumer (B2C);
- that, with the expression "General Conditions of Online Sale", means the purchase and sale contract relative to the consumer goods of the Seller stipulated between them and the Purchaser in the context of a remote sales system organized by the Seller;
- that the trademark and logo relating to the site are the exclusive property of the Seller;
- that the present conditions of sale govern the online sale between Enoteca Properzio s.r.l. and the Purchaser expressly declaring to make the purchase for purposes that do not fall within the scope of his commercial, industrial, craft or professional activity;
- that these premises are an integral and substantial part of the contract;
the following is agreed:
1. Object of the contract
1.1. These general conditions, which are placed in the availability of the Purchaser for the reproduction and storage pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of an electronic network, through the website belonging to the Seller
1.2. With this contract, respectively, the Seller sells and the Purchaser remotely purchases the products indicated and offered for sale on the Seller's Site.
1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller's Site. The image accompanying a product may not be fully representative of its characteristics.
1.4. The Seller undertakes to supply the selected products - within the limits of their availability - upon payment of a fee referred to in art. 3 of this contract.
2. Acceptance of the conditions of sale
2.1. All purchase orders will be forwarded by the Buyer to the Seller through the completion of the indicated purchase procedure.
2.2. These general conditions of sale must be examined "online" by the Purchaser before the completion of the purchase procedure. The forwarding of the purchase order by the Purchaser, therefore, implies full knowledge of them and their full acceptance.
2.3. The Purchaser, by electronically sending confirmation of their purchase order, unconditionally accepts and undertakes to observe, in its relations with the Seller, the general and payment conditions illustrated below, declaring to have read and accept all the indications from he provided in accordance with the aforementioned regulations, also acknowledging that the Seller does not consider himself bound by different conditions, unless previously agreed in writing.
2.4. The acceptance of the conditions of sale must be expressed through the exact compilation of all the sections of the electronic form, following the instructions on the screen and, lastly, by selecting the boxes for the ACCEPTANCE OF SALES CONDITIONS and PRIVACY POLICY, thereby fully accepting the contents of these documents.
3. Purchase methods and sales prices
3.1. The sales prices of the products on the Site are expressed in euros and are subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order.
3.2. The prices of the products published on the homepage or in the various sections of the Website are inclusive of VAT. Shipping costs vary depending on the selected item and the country of destination selected and will be calculated and will be made visible to the Purchaser at the time of placing the order. The total cost of the shipment up to the domicile of the Buyer is at the expense of the same, subject to exceptions and derogations that will be specifically advertised on the site and / or communicated via e-mail. The cost is, in any case, made known to the Purchaser before confirming the purchase order.
3.3. The product chosen by the Purchaser in the electronic catalog on the website www.enotecaproperzio.it, can be inserted without obligation in the electronic cart. The contents of the cart can be viewed, modified or deleted at any time. After confirming the cart, the Purchaser must correctly fill out the application form in all its parts and express his / her adhesion to the online purchase. The order process can be interrupted at any time by closing the browser window.
3.4. The receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. The Seller, with an e-mail containing a summary of the order details, after checking the availability of the chosen product, will confirm and formally accept the order received.
3.5. The Buyer expressly attributes to the Seller the right to accept even partially the order placed (for example in the case in which there is no availability of all products ordered). In this case the contract will be considered perfected in relation to the goods actually sold.
4. Conclusion of the contract
4.1. The Contract stipulated through the Site is concluded when the Buyer receives, by e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Purchaser and informs him that he can proceed to the evasion of the same. The Contract ends at the place where the Seller's registered office is located.
4.2. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is kept in digital / paper form on the server / at the Supplier's premises according to criteria of confidentiality and security.
5. Method of payment
5.1. Each payment by the Purchaser can be done only by one of the methods indicated: advance payment by bank transfer, online payment by credit card or via PayPal.
6. Delivery methods
6.1. Unless the goods are collected by the buyer at the seller's premises, the latter will deliver to the Purchaser, at the address indicated by these, the selected and ordered products, using the methods provided for in the previous articles, by couriers and / or shippers of trust. Deliveries take place in the countries indicated on the website of the seller, to which reference should be made, and will be made, according to the article chosen and the country of destination, within the terms indicated on the Seller's website and in the confirmation e-mail which will be sent to the Purchaser. In the event that the Seller is not able to make the shipment within the terms indicated therein, it will be promptly notified by e-mail to the Buyer.
If the buyer requests the shipment of the product in countries other than those indicated and the seller agrees, the method of delivery, payment and related costs will be agreed between the parties from time to time and shall in any case be borne Buyer.
6.2. If the Purchaser is absent at the time of delivery, a notice will be left with the necessary indications to contact the courier or the forwarder in order to agree on the delivery methods.
6.3. The Seller will not be responsible for the delay or non-delivery due to incorrect or incomplete communication of the address by the Purchaser.
6.4. Upon receipt of the goods, the Purchaser is required to check the conformity of the product delivered to him with the order placed; only after this verification will it be necessary to proceed with the signing of the delivery documents, except, obviously, the right of withdrawal provided for by art. 10 of the present conditions.
7. Limitations of liability
7.1. The Seller assumes no responsibility for the delay or non-delivery of the goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part , to execute the contract within the agreed time frame.
7.2. The Seller can not be held liable towards the Buyer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet that are beyond the control of the Seller.
7.3. The Seller will not be liable to any party or third parties regarding damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned causes.
7.4. The Seller assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
8. Guarantees and methods of assistance
8.1. The Seller sells only original and high quality products. In case of questions, complaints or suggestions, the Purchaser can contact the Seller via the e-mail address info@enotecaproperzio.com. In order to guarantee a quick processing of the questions, complaints or suggestions, the Purchaser must accurately illustrate the problem and eventually attach the order documents, or indicate the order number, customer number, etc.
8.2. In case of lack of conformity, the rules on the legal guarantee will be applied as foreseen by the Legislative Decree 6 September 2005, n. 206.
8.3. The warranty applies only to the products indicated in the Legislative Decree 6 September 2005, n. 206.
9. Obligations of the Purchaser
9.1. The Purchaser undertakes to pay the price of the product purchased in the times and methods indicated in these General Conditions.
9.2. The Buyer agrees and undertakes, once the purchase procedure is completed, to provide for the printing and storage of these general conditions - which, moreover, will have already viewed and accepted as an obligatory passage in the purchase procedure - as well as specifications of the product object of the purchase, and this in order to fully satisfy the conditions set out in Legislative Decree 6 September 2005, n. 206.
9.3. It is strictly forbidden for the Purchaser to enter false, and / or invented, and / or fictitious data, in the registration procedure through the appropriate electronic form; personal data and e-mail must correspond to their real personal data and not of third parties, or fantasy. The Purchaser therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the purchase procedure of the products.
9.4. The Purchaser indemnifies the Seller from any responsibility deriving from the issue of incorrect tax documents due to errors in the data provided by the Purchaser, since the latter is solely responsible for the correct insertion.
9.5 In case of purchase of alcoholic products, the Purchaser expressly declares that he / she has reached the legal age for the purchase of said products. Furthermore, the Purchaser of alcoholic products guarantees the truthfulness of the documents forwarded to the Seller for the execution of the present contract.
10. Right of withdrawal pursuant to Legislative Decree no. 206/2005
10.1. The right of withdrawal is recognized only for the products provided for by Legislative Decree 6 September 2005, n. 206.
10.2. For products for which the right of withdrawal is not excluded, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased product. Any withdrawal is to be sent to ENOTECA PROPERZIO SRL at the address provided on the site.
10.3. In the event that the Purchaser decides to exercise the right of withdrawal, he must inform the Seller of his decision to withdraw from the contract, presenting any explicit declaration (for example, a letter sent by post, fax or e-mail). To this end, the Purchaser can also use the withdrawal form as per Annex I part B of Legislative Decree no. 21/2014, but it is not mandatory.
10.4. To comply with the withdrawal deadline it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. The burden of proof concerning the exercise of the right of withdrawal, in accordance with this article, lies with the Purchaser.
10.5. The return of the goods must be made without undue delay and in any case within 14 (fourteen) days from the date on which the Purchaser has notified the Seller of his decision to withdraw from the contract. The Purchaser will be liable only for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
10.6. In the cases expressly provided for by art. 59 of Legislative Decree no. 206/2005, the right of withdrawal in favor of the Purchaser is in any case excluded.
10.7. The Purchaser who exercises the right of withdrawal pursuant to this article shall bear the direct costs of returning the goods to the Seller.
10.8. The Purchaser who exercises the right of withdrawal in accordance with the established will be reimbursed the sums already paid, including the costs of delivery, with the exception of additional costs arising from the type of delivery expressly chosen by the Purchaser and different from the less expensive type of standard delivery offered by the Seller. These sums will be refunded without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Purchaser's decision to withdraw from the contract, using the same payment method used by the Purchaser for the transaction initial, unless the Purchaser has expressly agreed otherwise. Unless the Seller has offered to collect the goods himself, the Seller may, however, withhold the reimbursement until he has received the goods or until the Purchaser has demonstrated that he has returned the goods, whichever situation occurs first.
10.9. Upon receipt of the communication in which the Purchaser makes known to the Seller to exercise the right of withdrawal, the Parties are relieved of their reciprocal obligations, without prejudice to the provisions of this article.
10.10 It is also possible to resolve a dispute on the following site to find an out-of-court solution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
11. Express termination clause
11.1 The obligations referred to in art. 9, assumed by the Purchaser, have an essential character, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the termination of the contract as per art. C. 1456, without the need for a judicial decision.
12. Communications
12.1. Without prejudice to the cases expressly indicated, or established by legal obligations, communications between the Seller and the Purchaser shall preferably take place via e-mails to the respective electronic addresses which will be considered by both parties as valid means of communication and whose production in court can not be challenged solely for being IT documents.
12.2. Written communications to the Seller, as well as any complaints will be considered valid only if sent to the Enoteca Properzio s.r.l. as indicated on the site and in this contract.
12.3. Both parties may at any time change their e-mail address for the purpose of this article, provided that they promptly notify the other party in accordance with the forms established by the preceding paragraph.
13. Processing of personal data
13.1. The Purchaser expressly declares to have read both the information required by art. 13 of Legislative Decree 30 June 2003, n. 196 (Privacy Code), both of the "privacy policy" of the website.
The rights deriving from the privacy policy and the disclosure obligations arising from the Seller are examined "on line", before the completion of the purchase procedure. The submission of the order confirmation therefore implies full knowledge of the same.
13.2. The Vendor protects the confidentiality of customers and ensures that the processing of data complies with the provisions of privacy legislation pursuant to Legislative Decree no. June 30, 2003, n. 196.
13.3. Personal and personal data acquired directly and / or through third parties by the Vendor, the data controller, are collected and processed in paper form, computerized, telematics, in relation to the processing methods with the purpose of registering the order and activating in its comparing the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree No. 196/2003).
13.4. The Seller undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to disclose it to unauthorized persons, or to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may be presented only upon request by the judicial authority or by other authorities authorized by law.
13.5. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively for that purpose.
13.6. The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment is it proves impossible or involves a use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
i) for legitimate reasons, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
13.7. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request can not be carried out.
13.8. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be safe.
13.9. Holder of the collection and processing of personal data, is the Seller, to whom the Purchaser can direct any request to the company headquarters.
14. Place of jurisdiction
14.1. In the event of disputes arising from this contract or related to it, the parties undertake to seek a fair and good-natured composition between them.
14.2. If the dispute has not been settled, it will be brought to the exclusive knowledge of the Court in whose district the Buyer has his domicile, if located in the territory of the State, according to the provisions of art. 66-bis of Legislative Decree 206/05; in the event that the Purchaser does not hold the status of final consumer, it is agreed that any dispute, even in derogation from the rules relating to territorial jurisdiction, will be the exclusive responsibility of the Court of Perugia.
15. Applicable law and postponement
15.1. This contract is regulated by the Italian law.
15.2. Although not expressly provided for herein, the legal provisions applicable to the relationships and circumstances envisaged in the present contract are valid, and, in any case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code).
16. Final clauses
16.1. This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
16.2. The possible ineffectiveness of some clauses does not affect the validity of the entire contract.
16.3. These general conditions of sale have been drawn up in Italian and in German. Should difficulties arise in their interpretation, the parties agree that the text in Italian will be considered authentic and effective.
