General Terms and Conditions (pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005, as amended and supplemented)
Introduction and effectiveness of the General Conditions
1.The purpose of these general terms and conditions of sale (hereinafter, "General Terms and Conditions") is to regulate the purchase of products and services, carried out remotely and made available, via the Internet, by the website La Bottega del Gusto 1960 (hereinafter, the "Site") in accordance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code"). The seller of the products and owner of the Website is: Sauro Capanni. The consumer who accesses the Site in order to make purchases (hereinafter, "Customer") is required, before sending the order, to carefully read these General Conditions that have been made available to him/her on the Website and that can be consulted at any time by the Customer also through the link contained in the confirmation email of each order in order to allow him/her to reproduce and store them. In the event that the person who makes purchases on the Website requires the issuance of an invoice and / or is not a "consumer or user" as defined in Article. 3, paragraph 1, letter. a) of the Consumer Code, will not apply the discipline of withdrawal under Article. 7 and 8 of these Terms and Conditions or, more generally, the provisions of the Consumer Code which apply only to "consumers". Contracts concluded with La Bottega del Gusto 1960 through the Website are governed by these General Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2.Choosing and ordering Products
3. Information on the Products
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Website. The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. In the event of a difference between the image and the written product sheet, the description of the product sheet shall always prevail. For some categories of products, it is possible that the products undergo a physiological weight loss.
4. Prices and shipping
The prices of the products are inclusive of all taxes and duties. All prices are in Euros. Shipping prices are calculated automatically by the system and shown to the customer during the order confirmation process.
5. Payment methods
The Customer may pay the price of the Products and the relevant delivery costs by PayPal, Credit or Debit Card or Cash on Delivery.
The amount of the order shall be debited only at the time of the actual shipment of the goods.
6. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except in the cases of exclusion provided for in paragraph III below. In order to exercise this right, the Customer must send a communication within 14 days from the date of receipt of the Products using the form that can be downloaded here, or, if the Customer intends to exercise the right to withdraw before having received the Products, the withdrawal notice may be sent at any time prior to their receipt. Such notice must be sent by email to email@example.com. The Customer Service of La Bottega del Gusto 1960 will, once received the communication, to open a file for the management of the return and to communicate to the Customer instructions on how to return the Products, which will be via courier indicated by La Bottega del Gusto 1960 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 several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal La Bottega del Gusto 1960 will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which it received the notice of withdrawal, without prejudice to the right of La Bottega del Gusto 1960 to suspend the payment of the refund until the actual receipt of goods. The refund will be made using the same method of payment used by the Customer, unless the latter has expressly requested a different method. In the case of bank transfer or cash on delivery payment, it shall be the responsibility of the Customer to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. In addition to the cases indicated in the Foreword (non-consumer customer and/or customer requesting an invoice), the right to withdraw is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014: a) order of Products made to measure or clearly customised; b) order of Products that are likely to deteriorate or expire rapidly; c) order of sealed Products that are not suitable to be returned for hygienic or health protection reasons 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 the Products that "risk deteriorating or expiring rapidly" include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal applies only to Products purchased on the Website that can be returned to La Bottega del Gusto 1960 and put back on the market without risk to the health of consumers. In cases of exclusion of the right of withdrawal, La Bottega del Gusto 1960 will destroy the perishable products mistakenly returned by the customer in compliance with health and hygiene regulations since the Company cannot guarantee the hygienic/sanitary conformity of the returned products.
7. Free return in case of exercise of the right of withdrawal
As a more favourable condition for the Customer, La Bottega del Gusto 1960 shall bear the entire shipping costs for the return of the Products in the event that the right of withdrawal is exercised. In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by La Bottega del Gusto 1960 to agree on the return of the Products to the courier.
8. Warranty and Conformity Defects
In the event of a lack of conformity of Products sold by La Bottega del Gusto 1960, the Customer must immediately contact Customer Service by sending an email to firstname.lastname@example.org. The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by repair or replacement, or to an appropriate price reduction or to terminate the contract. The Customer shall forfeit these rights if he does not report the lack of conformity to La Bottega del Gusto 1960 within two months from the date on which he discovered the defect, unless the Product is by its nature perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.
9. Errors and limitations of liability
The information relating to the Products provided through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors for which La Bottega del Gusto 1960 cannot be held responsible, except in case of fraud or gross negligence. La Bottega del Gusto 1960 reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code. Except in the case of fraud or gross negligence, the Customer shall not be entitled to compensation for damages or to receive compensation, nor shall he be liable in contract or in tort for direct or indirect damages to persons and/or things, caused by the non-acceptance or non-fulfilment, even partial, of an order. La Bottega del Gusto 1960 promotes the responsible consumption of alcoholic beverages and excludes any liability, except for fraud or gross negligence, in the case of purchases made by children under 16 years of age. By purchasing any alcoholic product you declare to be of age as per art. 7 of DL 158/2012. La Bottega del Gusto 1960 does not assume any responsibility in case of purchase made by minors under 18 years old who have declared to be of a different age.
Any complaints must be sent to La Bottega del Gusto 1960 by email to email@example.com. La Bottega del Gusto 1960 undertakes to respond to all requests received within a maximum of 7 working days.
11. Online resolution of consumer disputes (ADR and ODR)
According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code), the customer may make use of the Joint Conciliation procedure. The procedure may be initiated if the consumer, after submitting a complaint to the company within 45 days, has not received a reply or has received a reply that he is not satisfied with.
Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute they may lodge a complaint through the ODR platform of the European Union, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from contracts of sale or online services out of court.
12. Applicable law and competent court
The contract of sale between the Customer and La Bottega del Gusto 1960 is concluded in Italy and governed 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 pursuant to the Consumer Code, the exclusive competent court shall be the court of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial competence is exclusively that of the Court of Florence, any other competent court being excluded.