General conditions of Sale
for the online sale of consumer goods
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity pursued.
Supplier identification
The goods covered by these general conditions are sold by Carosello di D’Arpa Roberta & C. SNC based in San Donaci (BR), via Mesagne, n. 9 – Italy, Tax Code and VAT number 02542300740, partner of Cantine Paolo Leo s.r.l.
Art. 1
Definitions
1.1. The expression “online sales contract” means the sales contract relating to the tangible movable property of the Supplier, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier .
1.2. The expression “Buyer” or “Customer” means the consumer who is an individual making the purchase, referred to in this contract, for purposes not related to any commercial or professional activity pursued.
1.3. The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
Art. 2
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable tangible assets indicated and offered for sale on the website www.sfiziosalentino.it via telematic tools
2.2. The products referred to in the previous point are illustrated on the web page: www.sfiziosalentino.it
Art. 3
How to stipulate the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through Internet by the access of the Purchaser on www.sfiziosalentino.it, where, following the indicated procedures, the Purchaser will formalize the proposal for the purchase of goods referred to in point 2.1 of the previous article.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to purchase expressed through the adhesion sent online or with the compilation of the attached to the online electronic catalog on www.sfiziosalentino. it and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the purchased good, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
4.4. The Supplier reserves the right, at its sole discretion, to accept the order or not. Acceptance is considered tacit, unless otherwise communicated to the Customer in any way.
Art. 5
Methods of payment and refund
5.1. Any payment by the Purchaser can only be made by one of the methods indicated here: bank transfer addressed to CAROSELLO DI D ARPA ROBERTA & C SNC using the IBAN IT16K0200880050000105096040, by credit card or by Paypal.
5.2. In case of right of withdrawal, the refund to the Buyer of the sale price will be credited with the same methods used by the Buyer for the payment of the product, within 14 days from the date on which the Supplier became aware of the withdrawal by the Buyer. In case of refunds for reasons other than withdrawal, the amount will be credited to the Buyer by one of the methods proposed by the Supplier and chosen by the Buyer, within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All the notices relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Art. 6
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. The shipping times, which will never exceed, in any case, those provided for by art. 61 of Legislative Decree 206/2005, may vary from 24 to 144 hours calculated for working days. The aforementioned delivery times refer to the products in stock at the time of the order. In the event that the Supplier is unable to ship within this period but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.
6.3. The Supplier will arrange for the selected and ordered products to be delivered to customers, in the manner referred to in the previous article, by means of trusted couriers and / or forwarding agents. In the absence of the recipient at the time of delivery, a notice will be left and the customer must personally contact the courier or forwarder as soon as possible in order to agree on the delivery methods.
6.4. Delivery will be made by carriers mainly on the street level. However, no responsibility can be attributed to the Supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
6.5. By filling out the personal data sheet in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications, the consumer and / or customer authorizes the Supplier to communicate the non-sensitive personal data (residence, address telephone) to trusted couriers and / or shippers used for the delivery of purchased goods in order to allow the procedures necessary for their delivery.
Art. 7
Prices
7.1. All sales prices of the products displayed and indicated on the website www.sfiziosalentino.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2. The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the Buyer and also contained in the web page summarizing the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art. 8
Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The Supplier’s computer system confirms the successful registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
8.3. In the event that a product is available on the website, even if it is not actually due to problems with updating the site itself, only the refund of any payment already made is provided.
Art. 9
Limitation of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has taken all precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no case the Purchaser can be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
Art. 10
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party the identity and domicile of the manufacturer or of the person who supplied him with the goods within 3 months of the request.
10.2. The aforementioned request by the Injured Party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the product was out into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Injured Person may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the Injured Party.
10.7. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
10.8. The Supplier is not liable for any damage caused by the carrier. The Buyer who receives damaged goods has only direct action against the carrier. The latter is also liable for the delay in delivering the goods to the recipient. In such cases, the Supplier must be considered exempt from any liability for loss or damage to the goods from the moment in which the same is delivered without reservation to the carrier for transport. In the event of damage to the package or packaging, the Customer has the burden of making reservations regarding the things transported at the time of return, under penalty of forfeiture. In the event of partial loss or damage not recognizable at the time of delivery, the Buyer must report to the carrier, under penalty of forfeiture, the damage just known and no later than eight days from receipt by registered letter with return receipt (art. 1698 cc ). The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained of.
Art. 11
Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the purchased goods and the ancillary costs in the times and methods indicated in the contract.
11.2. The Purchaser undertakes, once the online purchase procedure has been completed, to provide for the conservation of this contract, in digital or paper format.
11.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
11.4. It is strictly forbidden for the Purchaser to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer releases the Supplier from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, as the Customer himself is solely responsible for the correct entry.
Art. 12
Right of withdrawal
12.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason for the conclusion of the contract and up to 14 days after receipt of the purchased goods.
12.2. If the Purchaser decides to make use of the right of withdrawal, he must notify the Provider by registered letter with return receipt to be sent to Carosello di D’Arpa Roberta & C. SNC based in San Donaci (BR), via Mesagne, n. 9 – Italy. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or forwarder will be valid between the Parties.
12.3. The return of the goods by the Buyer must in any case take place at the latest within 14 days from the date of receipt of the goods. At the end, the date of delivery of the goods to the shipper is valid. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
12.4. The Buyer cannot exercise this right of withdrawal for purchase contracts relating to:
– the supply of goods made to measure or clearly personalized;
– the supply of goods which risk deteriorating or expiring rapidly;
– the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery;
– the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
– the supply of alcoholic beverages, the price of which has been agreed 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;
12.5. In the event of withdrawal, the costs of delivery and return of the goods to the Supplier remain the responsibility of the Consumer.
12.6. The Supplier will refund the full amount paid by the Buyer free of charge within 14 days of receipt of the notice of withdrawal, if prior to the delivery of the goods, or within 14 days of returning the goods to the Supplier. The Supplier may withhold the refund until it has received the goods.
12.7. The shipment to the Supplier, up to the certificate of receipt at the warehouse of the same, is under the complete responsibility of the customer; in case of damage to the goods during transport, the Supplier will notify the Customer of the incident (within 5 working days of receipt of the goods in their warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund the value of the asset (if insured); in this case, the product will be made available to the Customer for its return, while canceling the request for withdrawal; the Supplier is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments
12.8. This article also applies as information pursuant to the consumer code.
12.9. The professional will not be able to exercise any right of withdrawal and this contract will be binding on the parties at the time of its conclusion. Professional is meant as anyone (natural or legal person) who acts for purposes related to his professional or entrepreneurial activity.
Art. 13
Causes for Dissolution
13.1. The obligations assumed by the Purchaser with this contract, the successful completion of the payment that the Purchaser makes with the means of payment requested by the Supplies, the exact fulfillment of the obligations undertaken by the Supplier with this contract, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
13.2. the Supplier has the right to terminate the stipulated contract by simply notifying the consumer and / or customer with adequate and justified reasons; in this case the customer will only be entitled to a refund of any sum already paid.
Art. 16
Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server at the Supplier’s headquarters according to criteria of confidentiality and security.
Art. 17
Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the Supplier’s registered office, or sent by fax to 0831205999, or sent by certified email: carosellosnc@pec.it. In the complaint, the Buyer must invalidate his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
Art. 18
Applicable law and reference
18.1. This contract is regulated by the Italian law.