TERMS AND CONDITIONS OF PURCHASE
General Terms and Conditions
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and services, made at a distance and made available, via the Internet, from the site www.antichisaporidisicilia.it (hereinafter, the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The seller of the products and owner of the Site is: ANTICHI SAPORI DI SICILIA with registered office in c.da Granatello Ciappola, 35/B, 91025 Marsala (TP), Vat 01931900813 and enrolled in the C.C.I.A.A. of Trapani to the R.E.A. n. , e-mail address firstname.lastname@example.org (hereinafter "Antichi Sapori di Sicilia").
The consumer who accesses the Site in order to make purchases (hereafter "Customer") is obliged, before sending the order, to read carefully these General Conditions which have been made available to him on the Site and which will be available at all times to the Customer also through the link contained in the confirmation email of each order in order to allow him to reproduce and memorise them.
2. Choosing and ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter the "Product" or "Products") are shown on the page relating to each Product.
By sending the order from the Website, which has the value of a contractual proposal, the Client acknowledges and declares that he/she has read all the indications given to him/her during the purchase procedure and that he/she accepts in full these General Conditions and the transcribed payment terms.
The contract stipulated between Antichi Sapori di Sicilia and the Client must be considered concluded with the acceptance of the order by Antichi Sapori di Sicilia. This acceptance is communicated to the Client by means of an email confirming the order itself, the order number, the shipping and invoicing details, the list of Products ordered with their essential characteristics and the total price, including delivery charges. The Customer will check the confirmation email and if he/she identifies any errors in the order, he/she will have 12 hours from the receipt of the email to contact Customer Service directly from the Website using the contact form accessible through the "Customer Service" tab. Once this time limit has expired the order will be put into processing for shipping and no more changes will be accepted, without prejudice to the Customer's rights as per article 7 below.
Once the order has been received, Antichi Sapori di Sicilia will check the availability of stock for processing the order. If one or more of the Products are not available, the Antichi Sapori di Sicilia Customer Service will send a timely communication by email to the Client who, within the next 12 working hours, will have the right to reply to confirm the shipment of any further Products available or to cancel it. In case of no response within this period, the order will be considered confirmed and the available products will be shipped. If only a few Products are not in stock, Antichi Sapori di Sicilia will process the order with the available Products. In both cases, the amount of the missing Products will be cancelled immediately according to the method of payment chosen.
3. Information on the Products
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
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 their 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 shall always prevail.
The prices of the products are inclusive of all taxes and duties. All prices are in Euro.
5. Methods of payment and billing
5.1 Methods of payment
The Customer can pay the price of the Products and the related delivery costs by credit card or prepaid cards through the PayPal platform or by bank transfer
Once the order has been confirmed, the Customer will be redirected to the PayPal website where he/she will be able to make the payment with his/her account or using a card, even a prepaid card, or in any case according to the methods accepted by PayPal and in compliance with its conditions.
- Bank transfer
The customer must make the transfer within 3 days from the date of the order for orders relating to products. If this does not occur the order will be canceled and the goods made available again for purchase by other customers. The customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of failure to credit is due to the customer's desire not to confirm the purchase or other causes.
Data for the transfer: c / c Ancient Flavors of Sicily
Bank UNICREDIT BANK AGENCY OF CUTUSIO - MARSALA (TP)
Iban: IT 49 L 02008 25902 000300809056
The reason for payment is: The Customer must indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email (e.g. "Order 01/01/16 n. 100012345").
5.2 Invoicing of orders
If the purchase is made by a professional will be possible to request the issuance of an invoice by selecting the appropriate box during the order process and entering the billing information including tax code and / or VAT. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct inclusion of billing data and is expressly informed that, in case of failure to request the invoice when ordering, it will not be possible to request it later.
6. 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 field "Shipping Information".
All purchases will be delivered by express courier from Monday to Friday, excluding public holidays and national holidays. Antichi Sapori di Sicilia is not responsible for delays that cannot be foreseen or attributed to it.
7. Right of Withdrawal
The Client has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, except for the cases of exclusion foreseen in point IV below. To exercise this right the Client must send Antichi Sapori di Sicilia a communication within 14 days from the date of receipt of the Products.
This communication must be sent by registered letter with acknowledgement of receipt, addressed to
Antichi Sapori di Sicilia
c.da Granatello Ciappola 35/B
91025 Marsala (TP)
The Customer Service of Antichi Sapori di Sicilia will provide, once the communication has been received, to open a file for the management of the return and to communicate to the Client instructions on how to return the Products, which will be done by courier indicated by Antichi Sapori di Sicilia itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the purchased Product in its entirety; therefore if the Product is composed of more than one component or part it is not possible to exercise the right to recede only on part of the purchased Product.
II. In the case of the exercise of the right of recess Antichi Sapori di Sicilia will reimburse the client the entire amount of the returned goods, excluding shipping costs where foreseen, within 14 days from the date on which the communication of recess was received, without prejudice to the right of Antichi Sapori di Sicilia to suspend payment of the reimbursement until the effective receipt of the goods. Refunds will be made using the same method of payment used by the Client, unless the latter has expressly requested a different method. In the case of a bank transfer, the Client will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the bank and IBAN).
III. Also in order to guarantee the gratuitousness of the return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- order of Products made to measure or clearly personalized;
- order of Products that are likely to deteriorate or expire quickly;
- order of sealed Products that are not suitable to be returned for hygienic reasons or related to the protection of health or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk to deteriorate or expire rapidly" are all the Products 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 protection of Customers, the right of withdrawal applies only to Products purchased on the Site which can be returned to Antichi Sapori di Sicilia and put back on the market without danger to the health of the consumer.
In cases where the right to recess is excluded, Antichi Sapori di Sicilia will return the purchased Products to the Client, charging the Client for the shipping costs.
8. Free return in the caseof exercising the right to recess
As a more favourable condition for the Client, Antichi Sapori di Sicilia will pay the shipping costs for the return of the Products in the case of exercising the right to recess.
In order to benefit from this free shipment, the Client who intends to exercise the right to withdraw must follow the procedure indicated in the preceding article 7 and wait to be contacted by Antichi Sapori di Sicilia to agree on the return of the Products to the courier.
9. Warranty and Conformity Defects
In the case of conformity defects in the Products sold by Antichi Sapori di Sicilia the Client must immediately contact Customer Service using the specific contact form accessible on the Site via the "Customer Service" tab.
The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his discretion and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or an appropriate price reduction or termination of the contract. The Client will forfeit these rights if he does not notify Antichi Sapori di Sicilia of the lack of conformity within a period of two months from the date on which he discovered the defect, unless the Product is perishable by nature or subject to expiry in a shorter period, in which case the defect must be notified within this reduced period.
10. Errors and limitations of liability
The information on the Products provided through the Site is constantly updated. However it is not possible to guarantee the complete absence of errors for which Antichi Sapori di Sicilia cannot be held responsible, except in the case of fraud or serious fault.
Antichi Sapori di Sicilia reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the rights of the Client under these General Conditions and the Consumer Code.
Unless fraud or gross negligence, any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or processing, even partial, of an order.
Any eventual complaint must be forwarded to Antichi Sapori di Sicilia using the appropriate contact form which can be accessed directly on the Site via the "Customer Assistance" tab, or by registered letter with return receipt to the following address:
Antichi Sapori di Sicilia
c.da Granatello Ciappola n.35/B
91025 Marsala (TP)
Antichi Sapori di Sicilia undertakes to reply to all requests received within a maximum of 7 working days.
12. Applicable law and competent court
The sales contract between the Client and Antichi Sapori di Sicilia is concluded in Italy and regulated by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer under the Consumer Code, the sole competent court will be that of his town of residence or domicile if located in Italian territory; in all other cases, the territorial competence is exclusively that of the Court of Marsala, any other competent court being excluded.