GENERAL TERMS OF SALE FOR PURCHASES ON-LINE B2C
GENERAL TERMS OF SALE FOR PURCHASES ON-LINE B2C
1.1 These general terms of sale (hereinafter, "General Terms" and / or "GTS") govern online purchases made on the site www.savinitartufi.it (hereinafter "Site"), owned by Savini Tartufi S.r.l. and managed by the same and apply to all sales of products branded "Savini Tartufi" (hereinafter, "Products" or "Product") concluded remotely via the Site.
1.2. Use of the remote sales service described in these General Terms is reserved exclusively for consumers (hereinafter, "Customers" or "Customer"), defined as natural persons acting for purposes unrelated to their trade, craft, business or profession, over 18 years old.
1.3. The Customer must carefully read the General Terms available on the Site so as to be familiar with them and be able to memorise and copy them pursuant to Article 12, paragraph 3 of the Italian Legislative Decree no. 70 of 9 April 2003, (“Implementation of Directive 2000/31/ EC concerning certain legal aspects of Information Society services in the domestic market, with particular reference to e-commerce" - hereinafter, the "E-commerce Decree"). A copy of the General Terms will in any case be sent by Savini Tartufi S.r.l., Data controller (as defined below) to the Customer, via e-mail pursuant to paragraph 7 below of these GTS. Contracts with Customers will be filed by the Data controller Savini Tartufi, with the possibility for customers to access the Site via their account. By using the Site the Customer unconditionally agrees to the terms and conditions of use reported below which may, however, be modified at any time and without warning, by Savini Tartufi S.r.l., at its sole discretion; Customers’ use of the Site after any such change will be considered as unconditional acceptance of the terms and conditions as amended. The information, images, photographs, trademarks, products and in general the elements and material that the Customer finds on the Site are disclosed only for promotional and advertising as well as informational purposes; the Customer may download or copy the aforesaid information and material only for personal, non-commercial use.
1.4. Contracts entered into with Savini Tartufi via the Site are governed by Italian law and in particular by the Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (hereinafter, "Consumer Code") and by the E-commerce Decree cited above.
IDENTIFICATION OF THE SELLER
2.1. The seller is Savini Tartufi S.r.l. VAT no. and Tax code: 01670320504), with registered office in Palaia (PI), Via A. Meucci no. 24 and operating unit in Piazza C. D'Ascanio, Loc. Montanelli, Forcoli (PI), tel. (+39) 0587 628037; fax (+39) 0587 628 833; e-mail: firstname.lastname@example.org .
INFORMATION ON THE PRODUCTS AND THEIR AVAILABILITY
3.1. Information on the Products, with the relevant product codes, is available on the Site where the customer will find details of the main characteristics of the individual Products, their physical condition, the list of ingredients, nutritional and complementary information, provenance, shelf life and method of storage.
3.2. The Site does not contain all the Products. The Products represent a selection of items normally available in stores and / or from authorized "Savini Tartufi” dealers and distributors.
3.3. All Products are subject to availability. Savini Tartufi S.r.l. reserves the right at any time to vary the limits of the amounts and / or type of Products which can be purchased on-line on the Site. During the transaction procedure, an automatic reply will notify the Customer of the length of time needed to process the order and/or the failure to process the order due to the unavailability of the Product.
4.1. Product prices are expressed in Euros on the Site and are inclusive of all applicable taxes and duties. The delivery costs, clearly indicated in the order form, as well as any duty and customs fees for non-EU shipments should be added to the Product prices.
4.2. Savini Tartufi tries to ensure that all prices listed on the site are correct, it cannot, however, guarantee the absence of errors. Should an error in the price of a product be found, Savini Tartufi will give the customer the option to reconfirm the order of the Product at the correct price or to cancel it.
4.3. The information contained on the Site does not constitute an offer from Savini Tartufi S.r.l.
5.1. The essential features and prices of the Products are indicated in the offer of each product on the Site.
5.3. Should the Customer need to correct any errors made when entering the information, he/she should follow the dedicated procedure indicated on the Site, before submitting the order request. In particular, the Customer has the right to change the number of products he/she intends to purchase, by adding or deleting one or more products from the "basket".
5.4. By submitting the order to Savini Tartufi the Customer acknowledges and declares that he/she has read all the instructions provided during the purchasing procedure and fully accepts the General Terms.
6.1. The Customer may pay for the Products and the delivery expenses by credit card. In case of non-EU shipments, customs charges will be paid by the Customer directly to the courier upon delivery of the goods.
6.2. Savini Tartufi S.r.l. accepts payments made with:
6.3. The transaction will be charged to the Customer's credit card only after:
- the credit card details have been verified;
- the debit authorization has been received by the company issuing the credit card used by the Customer and
- the availability of the Product has been confirmed by Savini Tartufi and therefore only after the order is ready to be processed.
6.4. If, for whatever reason, payment of the amounts due from the Customer is not practicable, the purchase process will be automatically cancelled and the purchase automatically annulled.
RESOLUTION OF THE CONTRACT
7.1. The contract between Savini Tartufi and the Customer is understood as concluded when the Customer receives confirmation from Savini Tartufi that the order request - submitted in accordance with the purchase procedure indicated on the Site - has been successfully processed, following verification of the availability of the Product and of the debiting of the price to the Customer's credit card. The order request submitted by the Customer shall be binding on Savini Tartufi only if the entire purchase process has been regularly and correctly completed, without indication of any error on the Site.
7.2. Savini Tartufi reserves the right to partially process the order in case of unavailability of one or more Products ordered by the Customer. In this case only the sum corresponding to the partially processed order will be charged.
7.3. Savini Tartufi is not liable for malfunctions by the operator of the data transmission network.
7.4. In accordance with the provisions of Article 13 of the E-commerce Decree, upon confirmation of the order or performance of the contract Savini Tartufi will send the Customer, via email, a summary of the General Terms, information on the essential characteristics of the Products purchased, a detailed indication of the price and terms of payment, information on the delivery charges, information on the conditions and procedures for exercising the right of withdrawal, the Savini Tartufi address to which complaints may be sent, information on customer services and the existing guarantees. The Customer shall immediately verify the content of the communication and report any errors or omissions immediately to Savini Tartufi.
INVALIDITY OF THE ORDER REQUEST
8.1. Notwithstanding the provisions of paragraph 7 above, no order request shall be deemed accepted by Savini Tartufi and no contract shall be considered as concluded between it and the Customer if Savini Tartufi has reasonable and probable cause to believe that the Customer:
- intends to purchase the Products for purposes related to its own or another business or professional activities, in breach of the provisions of paragraph 1.2 of these General Terms; or
- is not acting on the basis of an effective and genuine interest in purchasing the Products ordered, or
- abusively exercises the right of withdrawal recognized by paragraph 13 below.
8.2. In such cases, the order request sent by the Customer shall be considered without force or effect. Savini Tartufi will send to the Customer, via e-mail, notification of non-acceptance of the order request by Savini Tartufi S.r.l. and the failure to conclude the contract, also taking care to cancel any charges and / or expenses to the Customer.
SHIPPING AND DELIVERY
9.1. For security reasons, the Products purchased on the Site will be delivered to the address registered for the credit card unless otherwise specified by the Customer and at the time of delivery will require the signature of the Customer or representative of the same aged over 18. Deliveries will not be made to PO boxes.
9.2. For every order placed on the Site, Savini Tartufi will issue a receipt for the shipped Products, sending it to the Customer via e-mail or mail, pursuant to the Presidential decree 445/2000 of the Italian Civil Code and Legislative Decree 52/2004. The information provided by the Customer at the moment of placing the order shall be deemed authentic for the issue of the invoice. No changes may be made to the invoice after it has been issued.
9.3. Delivery costs are charged to the Customer and are shown separately in the order form.
9.4. All purchases will be delivered by selected courier (hereinafter, "Courier") from Monday to Friday, except on Saturdays, Sunday and local or national holidays. Savini Tartufi is not responsible for unforseeable delays and / or delays attributable to the Courier alone to whom the relative complaints should be made. Delivery times range from 5 to 7 business days for standard delivery.
9.5. However, except in cases of force majeure or unforeseeable circumstances, in accordance with Article 61 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days from the day following the date of conclusion of the contract pursuant to paragraph 7.1 above, unless Savini Tartufi should communicate - within the same term or by the last date agreed for delivery, including by email - its impossibility of delivering the Products ordered due to the sudden and temporary unavailability of the same. In the event of such notification, Savini Tartufi will refund any amounts already paid by the Customer for the order.
9.6. If, in the face of communication from Savini Tartufi of a delay in the delivery date, the Customer should decide to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, but no later than 30 (thirty) days from the date of receipt by Savini Tartufi of the order cancellation communication, pursuant to the provisions of paragraph 13 below.
9.7. For the delivery of the Products the presence of the Customer or representative of the same at the address indicated in the order is required. Upon delivery of the Products by the Courier, the Customer must check:
- that the number of boxes is the same as indicated in the packing list (DDT);
- that the packaging is intact, not damaged or wet or otherwise altered, including the seals.
Any damage to the packaging and/or to the Product or discrepancy in the number of boxes or information must be immediately stated in writing on the Courier's delivery note. Once the Courier's document has been signed without objection by the Customer, no further complaints may be made with regard to the outward appearance of the package delivered.
SHIPPING AND DELIVERY CONFIRMATION
10.1. Savini Tartufi will send the Customer an e-mail confirmation once the Products have been shipped.
PACKAGES OR PACKAGING
11.1. The Products purchased on the Site are delivered with the official "Savini Tartufi" packaging as provided in the store.
RETURNS AND REFUNDS
12.1. Savini Tartufi want to ensure Customers’ total satisfaction, this being a primary goal of the Company. The Customer may exercise his/her right of withdrawal not only according to the principles laid down by law and in full compliance with the same but also taking advantage of the simplified procedure described below and offered by the Company.
RIGHT OF WITHDRAWAL AND ORDER CANCELLATION
13.1. Under Article 52 of the Consumer Code, the Customer has the right to rescind the contract, without giving any reason, returning the Products purchased on the Site within 14 (fourteen) days from the date of the receipt of the Products. The withdrawal is excluded by law (art. 62 L. 27/12) for perishable products.
13.2. To exercise the right of withdrawal, the Customer must send an e-mail to the following address: email@example.com specifying:
- the intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code;
- the products for which the customer wishes to exercise the right of withdrawal;
- the progressive order number communicated by Savini Tartufi upon confirmation of the purchase;
- use the specimen withdrawal form sent with the shipment to be sent to the same email address.
The Customer acknowledges and is aware that he/she can not exercise the right of withdrawal due to lack of the essential condition of integrity of the Product (package or its contents), in cases where the original packaging containing the Product purchased is missing or damaged or where essential elements of the Product are missing. The Customer acknowledges that the right of withdrawal can not be exercised for Products which are highly perishable on account of their consistency and which by nature are likely to deteriorate rapidly (art. 62 L. 27/12).
13.3. In the case of exercising the right of withdrawal, Savini Tartufi will reimburse the full price of the Products provided that they are returned by the customer within 14 days of exercising the right of withdrawal, have not been tampered with, opened or eaten, are accompanied by the original receipt and are in the official “Savini Tartufi” packaging.
13.4. Savini Tartufi reserves the right to refuse the return of those Products not complying with these requirements. Refunds will be processed using the same method of payment as that used for the purchase.
13.5. The costs of returning the Products are payable by the Customer; any expenses incurred by the Customer for the return are not refundable.
13.6. Each delivery contains simple instructions for returning the products.
13.7. Savini Tartufi will reimburse the customer without undue delay and in any case within 14 days from the date of receipt by it of notice of withdrawal from the contract pursuant to art. 54 of the Consumer Code; and will send an email notification once the refund has been made.
13.8. We recommend returning the Products by courier, insuring the full value of the goods, and making sure a tracking number is provided for tracing the shipment. Savini Tartufi will not be liable for refund or compensation relative to Products shipped by the Customer but never received by Savini Tartufi due to loss, theft or damage not attributable to it.
13.9. If the Customer should wish to change or cancel an order already placed, he/she should send promptly, and in any case before receiving the shipping confirmation, an e-mail to firstname.lastname@example.org. Savini Tartufi will do whatever it can to satisfy the Customer's request. However once the Product has been shipped the order cannot be cancelled or changed. The products shipped may however be returned and in this case reference will be made to the procedure as above on the right of withdrawal.
REPLACEMENT OF PRODUCTS
14.1. The Customer has the right to request the replacement of the Products in case of damage in transit wherever he/she has specified such objection as indicated in article 9 above. Savini Tartufi promises to send the Customer the replacement Products using its own courier without charging additional delivery costs within a reasonable time from such request.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
15.1. Savini Tartufi guarantees the authenticity of all the Products purchased on the Site.
15.2. The "Savini Tartufi" brand, as well as the set of figurative and non-figurative trademarks, service trademarks, present on the Products, related accessories and / or packaging, form trademarks, whether registered or not, as well as all the illustrations, logos and images protected by copyright, and, more generally, all the intellectual property rights relative to the Products are and remain the sole property of Savini Tartufi S.r.l. The information, images, photographs, trademarks, products and in general the elements and material made available through this Site are and remain the sole property of Savini Tartufi S.r.l.; consequently the reproduction, partial or total (except for private, personal and non-commercial use), distribution, publication, transmission, modification, entirely or in part is specifically prohibited as is the sale of information, images, photographs, trademarks, products and in general elements and all the material contained in this Site.
In particular, the name and the brand "Savini Tartufi" and all the other brands that include the name "Savini Tartufi", registered or not, are and remain the sole property of Savini Tartufi S.r.l. and their reproduction, distribution, publication, transmission, modification entirely or in part,, for any reason or purpose, is specifically prohibited as is the sale of the same.
APPLICABLE LAW AND JURISDICTION:
16.1. These General Terms are governed by Italian law and shall be interpreted in accordance with Italian law.
16.2. For disputes arising relative to the interpretation, validity and / or performance of these General Terms the territorial jurisdiction will be that of the court of the place of residence or domicile of the Consumer.
17.1. For further information and assistance relative to the Site or to online purchases the Customer can contact Savini Tartufi at the following e-mail address: email@example.com or at the postal address below:
Savini Tartufi S.r.l. operating branch Piazza C. D'Ascanio, Loc. Montanelli, Forcoli (PI).
The Customer, having acquired the information provided by the Data Controller in accordance with Article 13 of Legislative Decree 196/2003 consents to the processing of his/her personal data for the purposes indicated in the above information note as required to enable the Data Controller to properly manage the relationship and process such data accordingly.