GENERAL CONDITIONS OF SALE
This document contains the general conditions of sale that govern the online purchase methods and conditions for the website corresponding to the domain name “www.etnagnam.eu” (hereinafter, for the sake of brevity, the “Website”).
The products and services purchased on the Website are sold directly by TARALLUCCI E VINO DI PETRALIA SALVATORE VAT Number 04633600871, with headquarters in Catania,
Via Duca Degli Abruzzi, 177, 95126. The company TARALLUCCI E VINO DI PETRALIA SALVATORE, through its Website www.etnagnam.eu, sells carefully selected products by means of an online sales service (hereinafter, for the sake of brevity, the Products).
1.Definitions
1.1 Customer: the Consumer, as defined below.
1.2 Order Confirmation: notice sent to the Customer via e-mail, with which the final details relating to the purchase contract stipulated between the Seller and the Customer (of which these Conditions of Sale are an integral part) are ratified.
1.3 Consumer: a natural person, adult or otherwise capable of acting in accordance with the law or a legal person who places an order on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out subject to the legislation referred to in Legislative Decree No. 206/2005 and subsequent amendments and additions.
1.4 Price: the contractual consideration indicated in the Order Confirmation, including VAT.
1.5 Product(s): the products listed in the electronic catalog published on the Website, as described in the relative product data sheets, and detailed in the Order Confirmation
1.6 Seller: TARALLUCCI E VINO DI PETRALIA SALVATORE VAT number 04633600871, with registered office in Catania, Via Duca Degli Abruzzi, 177, 95126 with which the customer concludes the purchase contract.
Scope
These Conditions of Sale exclusively regulate the offer, the placement and the acceptance of purchase orders for Products between the Customers, as defined below, and the Seller through the Website (“Conditions of Sale”).
These Conditions of Sale are published on the home page of the Website and can be viewed by the Customer at any time before and during the procedure for placing an order. These Conditions of Sale may also be “downloaded” and saved by the Customer on their computer or mobile device, as well as printed. In particular, before concluding the online purchase procedure and payment, the Customer will be invited to view and accept these Conditions of Sale, as well as print or save an electronic copy of them and, in any case, keep these Conditions of Sale, also in compliance with the provisions of Legislative Decree No. 206/2005 (“Consumer Code”).
The Seller reserves the right to modify these Conditions of Sale at any time; any new rules will be effective upon their publication on the Website and will apply to sales that will be made starting from their publication.
The Customer is required to carefully read the General Conditions of Sale that have been made available on the Website, in order to allow the storage and reproduction by the Customer pursuant to art. 12 of Legislative Decree 9 April 2003, No. 70.
The contracts concluded through the Website are governed by Italian law and, in particular, by Legislative Decree dated 6 September 2005, No. 206 (“Consumer Code”) and by Legislative Decree dated 9 April 2003, No. 70 (hereinafter, “E-commerce Decree”).
1. Conclusion of the contract
1.1 In order to conclude the purchase contract of one or more Products, as defined above, on the Website, the Customer must complete the electronic order form, taking care to correctly enter his/her data as requested in the form itself and transmit it electronically to the Seller, following the instructions on the Website.
To conclude the purchase contract, the Customer must create his/her own “account” (or personal profile) by filling in the forms on the Website, taking care to correctly enter his/her personal data as requested in the electronic registration forms.
The Customer, in any case, assumes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller during the registration and/or sending of the order form. It is understood that any damage/delay/inconvenience concerning and/or attributable to the incorrectness and/or untruthfulness of the personal data entered at the time of registration and/or subsequently modified may in no case be charged to the Seller.
1.2 The order form contains a reference to the Conditions of Sale and a summary of the main information relating to each Product ordered. In particular, one can find the price (including all applicable taxes and/or duties), the means of payment that can be used and the methods of delivery of the ordered products (accompanied by the related costs, where applicable).
1.3 Before proceeding with the purchase of the products through the transmission of the order form, the Customer is obliged to carefully read the Conditions of Sale and the Privacy Policy.
1.4 The contract is concluded when, following the verification by the Customer of the data relating to the order, the Seller receives the corresponding order form by electronic means.
1.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe, in relation with the Seller, these Conditions of Sale.
1.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these Terms of Sale.
1.6 By submitting the order form, the Customer confirms to know and accept also the additional information contained on the Website and, in particular, the Information on the processing of personal data
1.7 The order form will be filed in the Seller’s database for the period of time required to process the orders and in any case in accordance with the law.
1.8 Product prices may be subject to updates. The Customer is obliged to ascertain the final sale price before submitting the relevant order form.
1.9 Once the contract is concluded, the Seller will take charge of the corresponding purchase order.
1.10 The Seller may not process purchase orders submitted by the Customer if the data provided by the latter is incomplete or incorrect. In these cases, the Seller will inform via e-mail the Customer of the failure to conclude the contract, indicating the reasons for which it was not possible to proceed with the order.
1.11 In general, all items on the website are immediately available. However, the Seller can never be held responsible for the temporary unavailability of one or more products. If specific products presented on the website are no longer available or on sale after sending the order form, it is the Seller’s responsibility to inform the Customer of the aforementioned unavailability before the Order Confirmation. The sending of the order form by the Customer is also an acceptance of any partial delivery, limited to the products available under those ordered, as well as a waiver to request compensation and/or indemnity for this. If the Customer had already paid the complete order, the Seller will refund the fee corresponding to the products not available according to the methods described below.
1.12 Once the contract is concluded, the Seller will send to the Customer, to the e-mail address and in the language indicated in the order form, an order request confirmation, containing a summary of the information contained in the form itself. This document is not intended as the Order Confirmation, as defined below, which will be sent later, when the Products are actually shipped.
1.13 When the products present in the order form are actually shipped, the Seller will send the Order Confirmation to the Customer, at the e-mail address and in the language indicated. This document will contain the list of products actually purchased, accompanied by their main characteristics, including that relating to the price including VAT. It will also contain all information relating to shipping data, costs and expected delivery times. In addition, the total cost of the order and the main information relating to the payment made will be indicated. Finally, the document in question will contain a summary of the Conditions of Sale, the General Terms of Use of the Website and the tax data of the Seller (Company Name, Legal form, Registered Office, Registration in the Business Register, Tax Code, VAT Number and Person in charge).
1.14 The languages available to the Customer to conclude the contract with the Seller are Italian and English.
2. Cancellation of the Order
2.1 Without prejudice to the provisions regarding withdrawal from art. 6, you can cancel orders not yet processed by contacting the Customer Service at info@etnagnam.eu
2.2 It is not possible to cancel an order once the shipping process has begun.
2.3 In the event that, at the time of cancellation of an order, the corresponding payment had already been made, it will be necessary to contact the Customer Service to proceed with the refund procedure (as described in the section “Times and procedures of refund” referred to in the Article 7).
3. Payments
3.1 The Seller will only accept payments in Euro.
3.2 To pay the price of the products and the relative shipping and delivery costs, the Customer may use one of the following methods: bank transfer, PayPal, credit card via the PayPal circuit. In the case of bank transfer the payment details are the following: IT98V0103016917000002051084.
3.3 In case of payment by credit card, the entire payment procedure will be handled, in absolute safety, by PayPal. Consequently, the Seller will never be in possession of any sensitive information (for example, the complete credit/debit card number, or security code).
4. Guarantee
4.1 The Products offered on the Website are exclusively top quality products.
4.2 All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the website must be considered as general illustrations of the products and do not represent in any way a guarantee or declaration of conformity of the products to them.
4.3 The essential characteristics of the Products are indicated on the Website in correspondence with each product detail page. However, the images and colors of the Products offered for sale may not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that, without prejudice to the indications relating to the label, the Customer will not be able to make any objections towards the Seller and/or the Supplier, in the event that the packaging of the product delivered does not coincide with the image of the product shown on the Website in terms of color/shape/size. The Supplier may, in fact, at its own discretion, modify the packaging of the Product at any time and such variations may be introduced by the Seller within the catalog pages and/or description of the Products reproduced on the Website.
4.4 The Seller pays the utmost attention to adherence to what is described and presented on the Website compared to what is indicated on the label present on the packaging of the Products. In any case, it should be noted that, where differences are found, the label and the indications of use of the Product will always prevail.
4.5 Upon delivery by the courier of the Product purchased, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, nor wet or otherwise altered, also with regards to the closing materials (adhesive tape or plastic strips). Upon receipt of the Products the Customer must:
– make sure the packaging is intact. Otherwise, the Customer is required to promptly notify the Seller by contacting the Customer Service at info@etnagnam.eu within and no later than 24 hours from the delivery of goods;
– sign the receipt of goods presented by the courier always inserting the words “ACCEPTED WITH RESERVE”. In this way it will be easier and faster to obtain any refunds from the courier for damages attributable to transport.
If the Products received are damaged or incomplete, the customer must photograph the package both outside and inside and send the photos to the Seller’s address via email to info@etnagnam.eu or, alternatively, TARALLUCCI E VINO DI PETRALIA SALVATORE, with headquarters in Catania, Via Duca Degli Abruzzi, 177, 95126 as soon as possible and, in any case, no later than 24 hours after delivery of the goods.
Failure to send photos to the Seller could make it more difficult or prevent the reimbursement and/or compensation from the Courier. In this case, the Seller will not be required to reimburse the Customer for the amounts paid by the latter for the products purchased, up to the amount of the non-reimbursement and/or compensation that the Seller could have obtained from the Courier. In the cases referred to in this article, the Customer is required to cooperate with the Seller according to correctness and good faith.
Once the courier’s document has been signed, the Customer will not be able to make any objection to the external characteristics of what was delivered and the risk of loss or damage to the Products will be transferred in all respects to the Customer.
4.6 The Products covered by these General Conditions of Sale purchased by a Consumer are subject to the legal guarantee of conformity provided for in articles 128 et seq. of Legislative Decree No. 206/2005 and for customers who do not qualify as Consumers, the guarantees pursuant to articles 1476 et seq. of the Italian Civil Code.
In the case of a non-conforming Product or a Product affected by defects, and compatibly with the nature of the goods (eg perishable goods) or with the type of defect (normal wear and tear), the Customer may exercise the rights provided for in articles 128 et seq. of Legislative Decree No. 206/2005 by contacting the Customer Service (to the addresses indicated on the website detail pages) and specifying the reason “guarantee for non-compliant product”. This report must be sent within a reasonable time considering the nature of the asset and, in any case, within the warranty period mentioned above, and in compliance with the procedure indicated in point 4.5. of these conditions of sale and to which reference is made.
The Seller, once the compliance with the above has been verified, will send, through its Customer Service, an e-mail to the Customer containing the procedure to be followed to obtain the decrease in the price paid or the sending, at the expense of the Seller, of the compliant product directly to the delivery address of the goods or, in the opinion of the Seller, to the different one indicated by the Customer.
5. Shipping and delivery of Products
5.1 The Seller sends its products to Italy through primary express couriers. Delivery usually takes place in 2 (two) working days (ie Monday to Friday) for shipments and deliveries to be made in the Italian territory and in 5 (five) working days for shipments and deliveries to be performed in Europe and/or abroad. The terms of shipment and delivery are to be considered as indicative and not mandatory.
In any case, the Seller reserves the right to deliver the ordered products to the courier within the maximum term of 7 (seven) days following the collection of the payment.
5.2 The Seller undertakes to do everything necessary to comply with the delivery times indicated above, but may in no case be held responsible for damage or inconvenience caused by any delays by the carrier.
5.3 The cost for each shipment, associated with an order, will vary based on the following parameters: the place of destination and the total weight of the Products purchased with the single order and will in any case be specified both during the order transmission procedure (and, in particular, before its placement) and in the Order Confirmation.
5.4 All the aforementioned costs are to be intended as inclusive of VAT, to the extent permitted by applicable law.
5.5 The Customer is required to always check the number and integrity of packages. In the event of anomalies or damage, the claim must be made immediately to the courier and promptly informing the Customer Service of the incident by sending an e-mail to the address info@etnagnam.eu complying with the procedure described in point 4.5. of these general conditions of sale to which reference is made.
5.6 Delivery refers to the street level and will be made, unless otherwise indicated, from Monday to Friday during normal business hours (from 9:00 am to 6:00 pm), excluding national holidays.
5.7 National Services: in Italy for orders less than 25kg, shipping costs are € 10,00.
5.8 Services in Europe:
Shipping costs must be verified during check-out by the customer and will be calculated by the system based on the weight of the products in the cart and the country of destination.
Legend of Shipping Zones EU:
EU 1 Austria, Germany, Belgium, Denmark, Luxembourg, Netherlands
EU 2 France, UK, Hungary, Poland, Slovenia, Czech Rep., Cyprus, Bulgaria, Croatia, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Portugal, Romania, Slovakia, Spain, Sweden
EU 3 Andorra, Gibraltar, Liechtenstein, Norway, Switzerland
6. Right of withdrawal
6.1. According to the art. 59 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the right of withdrawal is excluded in the following cases: order of customized or clearly personalized Products, order of Products that risk to deteriorate or expire rapidly, order for sealed Products that are not suitable to being returned for hygienic reasons or related to health protection or that have been opened after delivery.
6.2 With reference to the cases of exclusion of the withdrawal listed above, in particular, the Customer is informed that among the “Products that risk to deteriorate or expire rapidly” there are those Food products whose characteristics and quality are subject to alteration, also in consequence of improper storage by the Customer after delivery, such as oranges, lemons or similar.
6.3 Since these are fresh and easily perishable food products, the right of withdrawal cannot be exercised as the life of the product is less than 14 days (maximum time of applicability of the right of withdrawal). In any case, the Seller will evaluate the reports and complaints received within 2 hours from the delivery time to the contact email address info@etnagnam.eu.
6.4 For products not excluded by the art. 59 of Legislative Decree 206/2005 and purchased on the website, the consumer has the right to withdraw from the contract, pursuant to articles 52 and 54 of Legislative Decree 206/2005, expressing this will no later than 14 days from the physical delivery of the goods by means of registered letter with acknowledgment of receipt to the address TARALLUCCI E VINO DI PETRALIA SALVATORE with registered office in Catania, Via Duca Degli Abruzzi, 177, 95126.
6.5 The Seller reimburses the payment received from the consumer without undue delay and in any case within 30 (thirty) days from the day on which it is informed of the consumer’s decision to withdraw from the contract pursuant to Article 54 of Legislative Decree 206/2005.
6.6 Unless the Seller has offered to withdraw the goods itself, the Customer returns the goods or delivers them to the Seller, without undue delay and in any case within fourteen days from the date on which he/she communicated to the professional the decision to withdraw from the contract pursuant to Article 54. The deadline is met if the consumer returns the goods before the expiry of the fourteen-day period. Shipping and redelivery costs are charged to the customer.
6.7 It is understood that, if he/she uses the aforementioned right of withdrawal, the Customer must return the product intact and in perfect condition and must comply with all the necessary precautions to preserve the product in his/her possession and store it at his/her expense in its original packaging, sending it to the Seller within 3 (three) days from the exercise of the right of withdrawal guaranteeing the correct delivery of the same. The shipping costs for returning the goods are to be borne by the Consumer.
6.8 Failing this, the right of withdrawal will not be applied and the seller will be entitled to compensation for damages, in addition to paying the price of the product.
6.9 The products must be returned directly to the Company. The reimbursement of the price of the product will be made within 30 (thirty) days from the date on which the goods will have arrived intact and in perfect condition to the Seller.
6.10 The right of withdrawal is excluded in relation to products that are returned damaged
7. Times and procedures of refund
7.1 A refund procedure can refer to two different types of situations:
– reimbursement of the total amount relating to an order following a request to return a noncompliant (defective, damaged, etc.) product.;
– partial reimbursement related to an order for which the unavailability of one or more Products has occurred.
7.2 Whatever the method of payment used by the Customer and with the exception of what is indicated in relation to the withdrawal in article 6 above, the refund is activated by the Seller as quickly as possible and in any case within 30 (thirty) days from the sending of the order confirmation (in the event of partial reimbursement due to the unavailability of one or more products) using, where possible, the same payment channel with which the order was placed.
7.3 Regardless of the correspondence between the recipient of the products indicated in the order form and those who paid the sums due for their purchase, the reimbursement of the sums will always be performed by the Seller in favour of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer was made for the purchase).
8. Customer Service
8.1 The Customer may request any additional information from the Seller by contacting the Customer Service via e-mail at info@etnagnam.eu.
9. Privacy
9.1 The privacy information is contained in the Information notice on the processing of personal data which is an integral part of these Conditions of Sale.
9.2 For any other information on our privacy management policy, you can send a specific request via email.
10. Applicable law and dispute resolution
10.1 These Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree dated 9 April 2003 No. 70 on certain aspects concerning e-commerce.
Outside the cases of applicability of the art. 66 bis of Legislative Decree No. 206/2005, the exclusive court for any dispute relating to this contract will be under the jurisdiction of the Court of Syracuse (Italy).
11. Changes and updates
11.1 These Conditions of Sale are amended from time to time also in consideration of possible regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the website. For any dispute arising in connection with these Conditions of Sale and the supplies and orders, respectively, made and placed by virtue of the same, the judge of the place of residence or domicile of the Customer-Consumer shall be competent, pursuant to Article 66-bis of the Consumer Code, if located in the Italian territory.
