GENERAL TERMS AND CONDITIONS OF SALE
For the purposes of executing and interpreting these general terms and conditions of sale, the parties adopt the following
DEFINITIONS
SALESPERSON
The Company that uses telematic tools for the sale of its products online, as identified in art. 1.
ON-LINE SALES CONTRACT
This is the contract of sale relating to the Products, stipulated between the Seller and the Client within the framework of a distance selling system organized by the Seller through telematics tools.
SITE
The website connected to the domain referred to in art. 3 and to which the e-commerce platform set up by the Seller corresponds.
GOODS
Products sold through the Site: the photographs and/or videos on the Site are used for the sole purpose of presenting the product.
CUSTOMER
The customer who registers on the site and/or purchases the goods presented.
CONSUMER CODE
Legislative Decree no. 206 of 6 September 2005, hereinafter referred to as the "CoC" and subsequent amendments and additions.
CONSUMER
A natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
PURCHASE ORDER
It is the Customer's purchase order in electronic format made according to the procedure indicated on the sales site and which constitutes a contractual proposal by the Customer for the purchase of the Products
PREMISE
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the email confirming each order to allow him to reproduce and store them.
PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ARTICLE 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of choice by the CUSTOMER.
Prior to the validation of the order with "payment obligation", the CUSTOMER is informed of the following elements:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- payment methods;
- the deadline within which BONTA' DI ALTAMURA undertakes to deliver the goods;
- Conditions, terms and procedures for exercising the right of withdrawal (art. 8 of these conditions)
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
The CUSTOMER may, at any time and in any case before the conclusion of the contract, become acquainted with the information relating to BONTA' DI ALTAMURA, the address, e-mail address, information that is reported, also below:
INDIVIDUAL COMPANY BONTÀ DI ALTAMURA DI CLEMENTE GIUSEPPE WITH REGISTERED OFFICE IN ALTAMURA – STRADA PRIVATA LEMMA, 11
1. SELLER IDENTIFICATION
Company name: Ditta Individuale Bontà di Altamura di Clemente Giuseppe
Registered office: Strada Privata Lemma 11 - Altamura (BA)
C.F./P.iva: 03699090720
Register of Companies of the Chamber of Commerce of Bari REA n°270810
E-mail: info@bontadialtamura.it
Company website: www.bontadialtamura.net
2. SUBJECT MATTER OF THE CONTRACT
With this contract, the Customer purchases products remotely through the website set up by Bontà di Altamura and identified at the domain www.bontadialtamura.net. These terms and conditions are deemed to be known pursuant to Art. 1341 c.c. and can be accessed on the website bontadialtamura.net
3. REGISTRATION ON THE SITE
3.1 In order to access and use the features of the Site, the User may complete the registration procedure. Registration is allowed only to Users who have reached the age of majority. The User undertakes to make only one registration on the Site.
3.2 To register, it is necessary to log in (i.e. enter a username and password) through the internal identification service of the Site. and provide an e-mail address. At the time of registration, the User must declare that he/she expressly accepts these Regulations, that he/she has reached the age of majority and that he/she has read and expressed his/her consent to the collection, processing (including through profiling) and transfer (including to third parties) of personal data.
3.3 The User's username may not contain expressions that are abusive, defamatory or detrimental to the rights of third parties. The password must consist of a sequence of characters composed in such a way as to guarantee as much as possible the security of the User's access to the profile. The User may change the password at any time after registration by accessing the relevant function on the Site.
The User undertakes to keep the username and password secure and not to allow them to be used by third parties.
3.4 The User, at the time of registration, is required to provide the Seller with true, up-to-date and complete data and information.
3.5 The User is solely responsible for the storage, confidentiality and use of his/her username and password.
3.6 The User may request the deletion of his/her profile at any time by sending a communication to the Company at the following e-mail address info@bontadialtamura.it
3.7 The Seller may suspend or prohibit the User, at any time, from accessing the functions of the Site or from modifying the conditions under which this right is allowed. This is without prejudice to the possibility for the Seller to take action for compensation for damages suffered as a result of prejudicial conduct carried out by the User.
4. CONSUMER-USER
Purchases are allowed only to consumers who are natural persons, who are of legal age. "Consumers" means natural persons who access bontadialtamura.net for purposes that are not related to any commercial, entrepreneurial or professional activity carried out. Therefore, the provisions contained in Legislative Decree no. 206 of 6.9.2005 ("Consumer Code") will be applicable and subsequent amendments and additions, in addition to those generally applicable to the type of service provided by bontadialtamura.net pursuant to Legislative Decree no. No 70 of 9.4.2003 on Information Society Services and Electronic Commerce
5. CHOOSE AND ORDER PRODUCTS
The characteristics and price of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Shopping Cart" and, after having read the General Terms and Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping data and any billing, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided during the purchase procedure, including the characteristics of the Product(s) for which the purchase order is made, and that he/she fully accepts these General and Payment Conditions transcribed.
The contract stipulated between Bontà di Altamura and the Client shall be considered concluded with the acceptance of the order by Bontà di Altamura. This acceptance is communicated to the Client through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he detects any errors in the order, he will have 12 hours from receipt of this email to contact Customer Service at the email address info@bontadialtamura.it After this period, the order will be processed for shipment and no more changes will be accepted.
Once the order has been received, Bontà di Altamura will verify, within 12 working hours, the availability of the warehouse for the processing of the order itself. In the event that one or more Products are not available, Bontà di Altamura Customer Service will promptly notify the Customer via email who, within the next 12 hours, will have the right to respond to confirm the shipment of any additional Products available or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be dispatched. In this case, the entire amount relating to the missing Products will be reversed or in any case, depending on the payment method chosen, will not be charged to the Customer.
6. PRODUCT INFORMATION
The products offered on the Site comply with the national and EU legislation in force in Italy.
Information and features relating to the Products are available on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and qualities but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet is always authentic.
7. TERMS AND CONDITIONS OF PURCHASE
7.1 The offers published on the Website are available for a limited period of time and with a limited quantity of products. The date of validity of the offers is indicated on the Website.
7.2 All prices indicated on the Website are expressed in Euros (€) and are inclusive of VAT. The contribution to the costs of order processing and delivery is explicitly indicated and includes VAT. This amount will be shown separately on the order form prior to submission and on the order confirmation email.
The price of the products may be changed without prior notice until the order is confirmed, it being understood that the price charged to the user will be the one published on the product sheet at the time the order is placed.
7.3 The products will remain the property of Bontà di Altamura until the purchase price and expenses have been paid by the Client.
Bontà di Altamura will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.
8. RIGHT OF WITHDRAWAL
The Consumer may withdraw from the contract within a period of 14 days from the day on which the Goods purchased by the Consumer are delivered to the Consumer.
The Consumer may exercise the right of withdrawal by sending the notice of withdrawal by e-mail to the following e-mail address: info@bontadialtamura.it or by REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT to be sent to BONTA' DI ALTAMURA di di Clemente Giuseppe with registered office in Altamura – Strada Privata Lemma, 11 Strada Privata Lemma 11.
If the Consumer exercises the right of withdrawal, the Seller shall reimburse the Consumer for all payments received, including delivery costs, within fourteen days from the day on which he/she is informed of the consumer's decision to withdraw from the contract.
The seller can hold the refund until they have received the goods.
The consumer, at his own expense, returns the goods or delivers them to the Seller or to a third party authorised by the trader to receive the goods, without undue delay and in any event within fourteen days from the date on which he has notified the trader of his decision to withdraw from the contract.
Pursuant to art. 59 Legislative Decree no. 206 of 06/09/2005, the right to withdraw from the contract is excluded in the following cases:
(a) the supply of tailor-made or clearly personalised goods;
(b) the supply of goods which are likely to deteriorate or expire rapidly;
(c) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery.
9. SHIPPING AND DELIVERY
Shipping and delivery costs are the sole responsibility of the Consumer.
The seller undertakes and is obliged to deliver the Product(s) to the consumer within thirty days of the conclusion of the contract.
The risk of loss or damage to the Product(s), for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods.
However, the risk is transferred to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and such choice has not been proposed by the professional, without prejudice to the rights of the consumer against the carrier.
10 - APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to Italian law.
Any dispute that cannot be resolved amicably will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CONSUMER, if located in the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr