GENERAL TERMS AND CONDITIONS FOR ONLINE SALES (DISTANCE CONTRACTS)
Esveal by SoleLuna di Bonati Damiano
1. Definitions and subject matter of the contract
1.1 This contract governs the distance sale pursuant to Art. 50 et seq. of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") of food products belonging to its assortment viewable on the website www.esveal.it for deliveries to be made exclusively in Italy.
1.2 The owner of the website is Sole Luna di Bonati Damiano, via Contrada Ceola 19, 37011 Bardolino (VR), Tel 347 5303133, VAT no. 03918140231. Registered in the Register of Companies at the C.C.I.A.A. of Verona - R.E.A. 376940
1.3 The purchaser accepts all the contractual conditions set out below.
1.4 Sole Luna di Bonati Damiano reserves the right to amend the General Terms and Conditions at any time without prior notice. However, the amendments shall not apply to purchase orders that have been sent before the amendments are published on the Website.
1.5 For any questions regarding the General Terms and Conditions of Contract, for any complaints, communications of withdrawal, cancellation of the order, returns, refunds and requests relating to the processing of personal data, please contact: Damiano Bonati via Contrada Ceola 19, 37011 Bardolino (VR), Tel 347 5303133 • VAT no. 03918140231.
2. Conclusion of the contract
2.1 All contracts are concluded with the Customer's access to the Website, using remote communication technology via the Internet.
2.2 All purchase orders transmitted to Sole Luna di Bonati Damiano must be completed exactly in all their parts and must contain the elements necessary for the exact identification of the Products ordered, the Customer, his/her e-mail address and the place of delivery of the Products.
2.3 The purchase order transmitted has the value of the Customer's contractual proposal made online.
2.4 The order confirmation from Sole Luna di Bonati Damiano transmitted to the Customer at the e-mail address indicated by the latter confirms the order data and constitutes acceptance of the contractual proposal.
2.5 The contract is deemed concluded, and is binding on both parties, when the purchase order confirmation is sent to the Customer.
2.6 By placing an order, the Customer declares: 1) to be a consumer as provided for in Art. 3 of the Consumer Code; 2) to be of legal age; 3) that the data provided by him/her for the execution of the Contract are correct and truthful; 4) to have read all the information provided to him/her during the purchase procedure, and to fully accept the general terms and conditions of payment indicated in the purchase procedure.
2.7 By accepting the General Terms and Conditions of Contract and thus by issuing the purchase order, the purchaser gives his/her consent for all communications to be sent and received by e-mail.
2.8 The Customer, once the online purchase procedure has been completed, undertakes to keep these general terms and conditions of sale by printing or saving an electronic copy of this contract.
2.9 In the event of non-acceptance, even partial, of an order by Sole Luna di Bonati Damiano, the Customer is excluded from any right to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property.
3. Delivery of products
3.1 Sole Luna di Bonati Damiano shall deliver the Products ordered by the Customer by means of trusted couriers and/or shippers within the period indicated in the e-mail communication containing the order confirmation and, in any case, within a maximum period of thirty days from the date of receipt of the order.
3.2 Delivery is made to the address specified at the time of the order, which may be different from the address of the principal.
3.3 The Customer who wishes to change the delivery address of the goods, after having sent the order, may contact Customer Service by e-mail and request the change: the request will be accepted if the order has not yet been processed.
3.4 Delivery of the goods is understood to be "at street level" unless otherwise indicated, such as: - different communication at the time of completion of the order - any methods provided for in the product technical sheet - the explicit purchase of delivery to the floor, where provided for
3.5 At the time of delivery of the goods by the courier, the Customer is invited and in any case required to check: a) that the number of packages actually delivered corresponds to that indicated in the transport document; b) that the packaging of the packages is intact in all its parts, not damaged, nor compromised by weather events or in any way altered.
3.6 Any finding of damage to the packaging and/or product or the non-correspondence of the number of packages or indications must be immediately contested, by placing a written control reservation (specifying the reason for the reservation, e.g. "packaging holed", "packaging crushed", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer may not raise any objection regarding the external characteristics of what has been delivered.
3.7 In the event of failure to collect within 5 working days of the material stored in the courier's warehouses due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the order will be returned to the warehouses of Sole Luna di Bonati Damiano. Arrangements will be made for the new processing and the related additional shipping costs.
3.8 Sole Luna di Bonati Damiano may, at its discretion, decide to make multiple partial deliveries. In this case, the purchaser will not be charged any additional costs beyond those provided for a single delivery.
4. Prices
4.1 All prices of the Products contained in the online catalogue are expressed in Euros. All prices are to be understood as inclusive of VAT and do not include delivery costs. The Products are sold at the list prices in force at the time the order is placed.
4.2 Delivery costs may be subject to change: however, such changes shall not apply to purchase orders accepted before the changes are published on the Website.
4.3 The purchaser undertakes to reimburse Sole Luna di Bonati Damiano for any additional expenses that the latter has had to incur for shipments or handling caused by the purchaser's failure to comply with the arrangements made for the date, time and place of delivery.
5. Payment
5.1 Payments can be made by bank transfer, credit cards and prepaid cards (Visa, Mastercard, Postpay, America Express, Aura, PayPal Top-up). Sole Luna di Bonati Damiano uses the credit card transaction service provided by PayPal for payment by credit card, adheres to the international PCI-DSS (Payment Card Industry Data Security Standards) compliance standards and uses sophisticated technology against cybercrime.
6. Right of withdrawal
6.1 The right of withdrawal may be exercised by sending, within the period indicated in the previous point, a written communication to the registered office of Sole Luna di Bonati Damiano by registered letter with return receipt. The communication may also be sent, within the same period, by e-mail and fax, provided that it is confirmed by registered letter with return receipt within the following forty-eight hours. The registered letter is deemed to have been sent in good time with regard to the date of the postmark of the accepting office.
6.2 The substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. The right of withdrawal may therefore not be exercised if the purchaser has not taken adequate measures to ensure that the Product can be returned in the same condition in which it was received (including the original packaging). In any case, the purchaser must take all adequate and possible measures to preserve the Product and do everything possible to ensure that the Product is returned to Sole Luna di Bonati Damiano in perfect condition.
6.3 The purchaser who has exercised the right of withdrawal must return the Product within 15 days of the date of delivery to the following address: Soleluna di Bonati Damiano Contrada Ceola 19 37011 Bardolino (VR)
6.4 The costs for returning the Product shall be borne exclusively by the purchaser, except in the case of damaged Products (art. 3.6) or in the event that, due to a warehouse error, the Products sent were different from those ordered.
6.5 Payments made will be refunded by Sole Luna di Bonati Damiano within fifteen days of the date of return of the goods and without additional costs for the purchaser.
7. Liability of Sole Luna di Bonati Damiano
7.1 Sole Luna di Bonati Damiano shall not be held liable for non-performance or delays in the execution of the order if such non-performance or delays are caused by impediments such as work interruptions, trade union disputes, suspension of transport and any other cause that may constitute an impediment due to force majeure or fortuitous event.
7.2 Sole Luna di Bonati Damiano assumes no liability relating to the use that the Customer intends to make of the goods purchased. In the case of "defective" goods, the only obligation of Sole Luna di Bonati Damiano will be to replace them and in no case shall it be held liable for the Customer's lost profits.
8. Privacy
8.1 Sole Luna di Bonati Damiano informs you that the data communicated will be processed solely for the purpose of processing your request to purchase our products, limited to the performance of the related legal and contractual obligations.
8.2 The provision of data is optional, however failure to provide it will make it impossible to complete the transaction.
8.3 The data provided will be processed both on paper and computerised media, as well as by telematic means to execute your request, by means of systems that in any case are capable of protecting the confidentiality of your data.
8.4 The data you provide will be kept for the time strictly necessary to consider your request and may be known by all persons in charge of processing (identified for legal purposes) according to their authorisation profile and any persons in charge of the Company.
8.5 Finally, we inform you that Art. 7 of Legislative Decree 196/03 confers on every subject concerned with the processing of personal data concerning him/her specific rights and in particular the right to obtain confirmation of the existence or otherwise of personal data concerning him/her, even if not yet recorded, and their communication in intelligible form.
8.6 The data subject has the right to obtain: a) the updating, rectification or, where interested therein, integration of the 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) certification that the operations referred to in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disseminated, except where this requirement proves impossible or involves a manifestly disproportionate effort compared with the right protected.
8.7 The data subject has the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning him/her, even if pertinent to the purpose of collection; b) to the processing of personal data concerning him/her for the purpose of sending advertising material or direct selling or for carrying out market research or commercial communication. With regard to the methods of exercising Your rights, reference is made to the provisions of Articles 8 and 9 of Legislative Decree 196/03. The data controller and the person responsible for responding, pursuant to and for the purposes of Art. 8 of Legislative Decree No. 196/2003, is: Sole Luna di Bonati Damiano Località Ceola 19 37011 Bardolino (VR) Communications may be made in writing by sending a request: • by ordinary mail to the above address.
9. Online dispute resolution for consumers
9.1 Online dispute resolution for consumers: the consumer resident in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve out of court any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Owner is available to answer any questions submitted
10. Applicable law
10.1 These General Terms and Conditions are governed by Italian law.
10.2 Any dispute relating to the General Terms and Conditions shall be subject to the jurisdiction of the court of the purchaser's residence, if the purchaser is a consumer. In all other cases, the territorial jurisdiction shall be exclusively that of the court of Verona.
10.3 Pursuant to Arts. 1341 and 1342 of the Italian Civil Code, by filling in the order form the Customer declares that he/she has carefully read and expressly accepts the above General Terms and Conditions of sale.
