General conditions of Sale
This information is provided for the site "www.suditalymarket.com" ( Site ) owned by Olga's Gestioni srl, based in Piazza Nerano n.5, Massa Lubrense (na) IT, Registered in the Chamber of Commerce of Naples, with VAT no. 09021521217 ( Seller ).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n . 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. P >
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not govern the sale of products and / or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such parties. On the websites accessible through these links, the Seller does not carry out any checks and / or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchasing on the Site
- can take place after registering on the Site
- is allowed to users who act as consumers. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer.
2.2 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all actions necessary to put an end to the irregularities.
2.3 The Seller reserves the right to refuse or cancel orders that come from:
- by a user with whom the Seller has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- by a user who has been involved in crime
- by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the documents requested by the Seller to the Seller or who has sent invalid documents.
2.4 Before purchasing any Food Product offered for sale on the Site, you are requested to inform the Seller if you are suffering from any type of allergy, intolerance or food intolerance. Seller is in no way responsible for any type of damage that you may have suffered from the purchase of Food Products on the Site.
Art. 3. Registration on the Site
3.1 To register on the Site, you must fill out the appropriate form, entering the following data:
3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site. < / p>
3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or from the provision of false, incomplete or in any case inaccurate personal data, without prejudice to the right of the Seller to disable the user's account.
Art. 4. Information aimed at concluding the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear on the Site from time to time
- the contract is concluded when the order form reaches the Seller's server
- once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
- information relating to the characteristics of the purchase
- the price indication.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 The Site contains information on the availability of each Product.
5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
5.4 Alternatively, you can accept:
- if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline
- if restocking is not possible, the Seller will provide a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
5.5 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period of 15 days.
5.6 In the event that you make use of the right of termination pursuant to art.61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order ( Total Amount Due ) has already occurred, the Seller will reimburse the Total Amount Due pursuant to the provisions of the article "Methods of payment" below
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use.
Art. 7. Prices
7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at when the order is placed and that any changes (increase or decrease) subsequent to the transmission of the same will not be taken into account.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.
Art. 8. Purchase Orders
8.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
The Service you have chosen will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
Art. 9. Methods of payment
9.1 The following payment methods are allowed on the Site:
- Payment card
9.2 The Seller accepts the credit cards of the circuits:
- MasterCard (Cirrus Maestro)
- American Express
They are, in any case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the authorization to charge .
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller The Seller therefore never has access and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
The charge will be made at the time of order transmission.
9.3 On the Site it is possible to make purchases also through the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
In the case of payment by PayPal, the Total Amount Due will be debited by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the The amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
Art. 10. Delivery of Products
10.1 The deliveries of the purchased Products are made: in Italy.
in specific countries:
- European Union
- United Kingdom.
10.2 The shipping costs are indicated from time to time on the Site and / or in the Product Sheet.
10.3 Starting from the date the order is sent, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract .
10.4 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.
Art. 11. Right of withdrawal
11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art.52 of the Consumer Code with reference to the Product or Products indicated in this article In fact, on the Site they are:
- sold goods that are liable to deteriorate or expire rapidly.
11.2 If you are a consumer, you have the right to withdraw from the purchase contract for the Product without giving any reasons and without incurring costs other than those provided for in this article within the term of fourteen calendar days ( Withdrawal Period ). The Withdrawal Period expires after 14 days:
a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; o
c. in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
11.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the withdrawal period. Withdrawal. This communication must be sent in the following way:
Email: customer firstname.lastname@example.org
It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller. / p>
11.5 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.
11.6 The direct costs of returning the Products are at your expense as well as the responsibility for their transport.
11.7 If you withdraw from the contract, the Seller will reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case not more than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the reimbursement until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier. p>
11.8 You are solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety.It cannot therefore be exercised in relation to parts and / or accessories of the Product
11.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature , the characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will notify him of the circumstance and the consequent reduced refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user. of the decrease in value of the Product.
11.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any reimbursement. The Seller will notify the user within 5 (working) days from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at his expense and under his responsibility. P>
11.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first of the value of 50.00 Euros and the second of the value of 150.00 Euros, and returns the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed the amount actually paid.
Art. 12. Legal Guarantee
All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code ( Legal Guarantee ).
To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the defect. compliance. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date delivery.
In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional costs. the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller is not responsible in case of damages, of any kind, deriving from the use of the Product in an improper way and / or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure. / p>
Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
13.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
13.2 We remind you that in the case of a consumer user, the court of the place where the user is competent is competent for any dispute relating to the application, execution and interpretation of this document. resides or has elected domicile.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to avail itself of or not of such bodies to resolve the dispute.
13.4 The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.
13.5 The right of the consumer user to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure for disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
13.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00.The text of the regulation is available on the website wwweur-lex.europa.eu .
Art. 14. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
- by email, to the following address: email@example.com.
The Seller will respond to complaints submitted within 5 days of receiving them.
Art. 15. Miscellaneous
- 15.1 Shipping is free in Italy for orders over 90 euros.