General Conditions of Sale
Foreword
These general conditions of online sale (hereinafter “GCS”) govern the contract of sale (hereinafter, the “Contract”) of products (hereinafter, the “product” or the “products”) offered by Balsamic Vinegar, by Stefano Discosti via canale di Migliarina, 7 – 41012 Carpi (Modena) (hereinafter, “Seller”) – through its website www.balsamicvinegar.com (hereinafter, the “website”) to users of the site (hereinafter, the “customers” or the “customer”).
These general conditions of sale are intended to refer to customers who qualify as “consumers” pursuant to art. 3, co. 1, lett. a), of Legislative Decree no. 206 of 6 September 2005. All the information contained in the site are in Italian language.
The customer declares to be of age and to have read all the above information and general conditions of sale before placing the order.
The customer also declares to have the legal capacity to engage in accordance with the provisions of these general conditions.
1 – Object
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.balsamicvinegar.com.
2 – Territory and coverage of the offer
This version of the general conditions of sale refers to sales made to consumers having their domicile or residence in Italy, in the countries of the European Union and in all those that may be admitted to the shipment.
3 – Contract Documents
This contract consists of the following documents
– these general conditions of sale
– the order confirmation
It should be noted that the photographs that illustrate the products on the site are not part of the contractual field and are reported for descriptive purposes only, so any failure to update labels or outer packaging of the product, do not affect the perfection of contractual obligations.
4 – Order receipt
Any confirmation of order, signed by the validation click, constitutes an irrevocable commitment of the customer that can only be questioned in the cases provided by this contract in the articles “Right of withdrawal” and “Execution of the order”.
5 – Acceptance of the order The conclusion of the contract will take place only when the order is confirmed by the Seller. The customer will receive by e-mail a notification of receipt containing the confirmation of the order with all the constituent elements of the contract (including products ordered, prices, shipping costs).
The Seller reserves the right not to confirm an order for any reason relating in particular to a problem of supply of products, or a problem with the order received.
The Seller cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Moreover, the Seller shall not be held responsible for any damage occurred to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
6 – Availability of products
The offers contained in this site will be valid as long as the products listed remain online and while stocks last.
The Seller also reserves the right to notify the customer, to the email address associated with his profile, the possible unavailability of one or more of the products purchased. In the case of purchase of a product no longer available, the Seller will refund (on the payment card indicated by the same for the purchase or via bank transfer whose details are intended to be communicated after registration) of the price and shipping costs incurred by the customer.
7 – Prices – Invoice
Prices are expressed in Euro.
The price guaranteed to the buyer is the one published on the site at the time of sending.
The prices of the products are definitive. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 – Payment
The customer who intends to proceed with the purchase of products must express this desire through a request made directly on the site, in the dedicated section, where, following the procedures outlined therein, send your purchase order and make payment.
The payment of the consideration is due at the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of products and transport) using the payment methods available.
The customer warrants to the Seller that he has any necessary authorization to use the payment instrument indicated in the order.
In case of non-receipt by the Seller of the payment, the Seller reserves the right to cancel the order. In case of payment by credit card, the Seller reserves the right to request the submission, within 24 hours, of a copy of an identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the required submission, the Seller may refuse payment and cancel the order.
The data relating to the payment will be processed through a secure server-to-server connection using the SSL Protocol (Secure Sockets Layer).
9 – Transfer of risks
The transfer of risks to the customer occurs upon delivery of the products to the carrier by the Seller. During the withdrawal period mentioned in article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
10 – Execution of the order
The order will be executed in the terms specified on the Site and upon acceptance of the order by the Seller and in any case within 30 days after confirmation of the order subject to availability of the product ordered and unless specific agreement between the parties.
In case of stock depletion or unavailability of the ordered product, the Seller undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability. See art.6 regarding the availability of products.
11 – Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer. Delivery is intended at street level unless otherwise indicated and recognized by the customer the burden. The request for delivery to the floor of an order (where available) must be indicated by the customer at the time of final confirmation of the order.
The Seller, subject to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier responsible for the transport of the same. The Seller shall not be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. The Seller shall also not be held responsible for any damage that may occur to the products after delivery to the carrier responsible for the transport of the same as well as delays in delivery attributable to the latter.
The Seller makes deliveries throughout the Italian territory. Deliveries in uncomfortable ZIP codes (e.g. Venice Lagoon) could involve variations in the indicated transport rates.
The delivery is made by couriers selected by the Seller;
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and release of the goods.
Upon delivery, the customer shall verify the content, conformity and condition of the product(s).
In case of delays, failures, total or partial loss or other problems, the customer has the right to appeal to the carrier without the Seller’s liability ever being taken into account.
Therefore, upon delivery, the Seller recommends the customer to proceed to check the state of the delivered products before signing the receipt document.
If any anomalies are found, the customer must refuse the delivery of the products or put in writing his reserves, detailed and dated. These reservations must be confirmed to the Seller by Certified Mail (requesting the address) or registered letter with acknowledgment of receipt within three (3) working days after delivery of the products.
12 – Collection of products in case of absence of the customer
In case of absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the recipient even at the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the period specified by the carrier, the products will be returned to the Seller who reserves the right to refund the price of the products, leaving the shipping costs, storage and return charged to the customer.
13- Right of withdrawal
The client has the right to withdraw from the Contract, without any penalty (except for the transport costs) and without specifying the reason, starting from the receipt of the order confirmation sent by the Seller within and not beyond the term of fourteen days from the receipt of the product at the address indicated for the delivery.
It is full proof of receipt of the goods the date reported by the tracking of the shipment.
The customer may exercise the right of withdrawal by filling out the appropriate form received or alternatively through appropriate communication (including the details of the recipient, the order number and date of receipt) to be sent to the email address info@lambrusco.com
If the product has already been delivered, the customer must return it to the Seller.
To this end:
– the deadline for returning the product is fourteen days from the notice of withdrawal (in the case of reshipment by the customer, the customer must provide proof of shipment). For the purposes of the deadline, the product is considered returned when it is delivered to the post office and / or courier accepting.
– If there has been delivery of the product, the substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. The customer must send the product properly wrapped and packaged; the Seller does not accept damaged returns, but kept in a normal state of preservation, kept with the use of normal diligence. Will not be replaced or refunded products damaged by detergents / additives, or products damaged by the customer due to inexperience. The customer must place inside the packaging box a copy of the delivery document received. The risks of transport for the return of products are fully borne by the customer.
– The costs of returning the goods to the Seller are borne by the customer. If the customer exercises the right of withdrawal in accordance with the provisions of these terms of sale, the Seller will refund the sums paid by the customer on the same means of payment used by the customer for the original transaction (credit card, bank transfer), unless otherwise indicated by the customer.
– In case of withdrawal for an order that was shipped free of charge for promotions and / or exceeding the threshold value, the customer will be required to refund the cost of transportation to the rates indicated on our web page “shipping” in addition to the cost of return transport because these are transport services provided and paid by the seller and that if not refunded would be a loss.
The refund will be made within fourteen days from the date on which the Seller has received in its stores the product returned in accordance with the above.
As foreseen by art. 59 of the Consumer Code, the right of withdrawal regulated by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.
The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in respect of
(a) service contracts after full performance of the service if performance has begun with the consumer’s express agreement and acceptance of the loss of the right of withdrawal following full performance of the contract by the seller;
b) the provision of goods or services whose price is linked to fluctuations in the financial market that the seller is unable to control and which may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods which are liable to deteriorate or expire rapidly;
e) the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
14 – Warranty
In order to ensure high quality standards, the products are subjected to quality control procedures by the Seller before being shipped. However, in case of inconvenience, the customer benefits from the legal guarantee by the manufacturer for a period of 24 months.
In any case, the products sold benefit from the legal guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code.
The product will be replaced with an identical product and sent to the customer at Seller’s expense, except in case of unavailability or discontinued production of the product itself. In the latter case, the Seller will proceed to refund the price of the product to the customer.
15 – Use of the site
The product descriptions and images on the site are those made available by the Seller’s suppliers to the Seller. The photographs and video presentations of the products accompanying the descriptive information are published on the site by way of description, taking into account the fact that the quality of the images, including an accurate display of the color variants, may depend on software and computer tools used by the customer at the time of connection to the site. The Seller assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as not dependent on his own will.
16 – Intellectual and industrial property rights
The Seller informs that the website, as well as all trademarks and distinctive signs used in relation to the sale of the proposed products, are protected by the applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose whatsoever, is prohibited. The Seller reserves the right to take legal action to protect these aspects. The Seller assumes no responsibility for the trademarks and other distinctive signs that appear on the products marketed on the site, with respect to which the customer acquires no rights as a result of the conclusion of the Contract.
17 – Protection of personal data
The Seller is the owner of the personal data collected at the time of registration to the site, as well as those subsequently communicated at the time of purchase by the customer, except for data relating to the payment process for which reference is made to the banks through which the transaction takes place. For information relating to the processing of personal data, including the rights under Art. 7 D. lgs. 196/03, please refer to the detailed information already provided at the time of registration at www.balsamicvinegar.com or available on the Privacy page published on our site.
18 – Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
19 – Integrity of the contract
The present general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the customer will be able to be included in or excluded from these general conditions.
20 – Nullity
Should one or more of the provisions of these general conditions be considered invalid or be declared so in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
21 – Communications
For any communication it is possible to contact the Seller at the following addresses:
Stefano Discosti – via canale di Migliarina, 7 – 41012 Carpi (Modena) info@lambrusco.com
22 – Applicable Law and Competent Jurisdiction
The contract of sale concluded between the Customer and the Seller is considered concluded in Italy and governed by Italian law, in particular the provisions of the Civil Code, Legislative Decree 185/99 on distance contracts, Legislative Decree 70/2003 on contracts concluded by electronic means, the Consumer Code and any additions and amendments. For the resolution of all disputes arising from the contract of sale between the Seller and the Customer, will be competent exclusively the judicial offices of the Court of Modena.