General Terms and Conditions of Sale
1. GENERAL PROVISIONS
These general terms and conditions of sale govern the relationship between VICENTINI SIRO E FIGLI Snc – Piazza De Gasperi, 2 - 36042 - Maragnole di Breganze (VI) - Italy – VAT number: 02291010243 – REA number: VI - 220399 hereinafter referred to as "the Seller", on the one hand, and any person or company that places an order online on the https://www.vicentini1966.it/shop website for itself or on behalf of third parties, hereinafter referred to as "the Customer", on the other.
The Seller offers to sell products to customers online.
The Customer declares that it has the ability to own rights and be bound by obligations.
The consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Terms and Conditions, which have been made available on the Site and which will be available at any time.
The General Terms and Conditions of Sale are formulated in accordance with the regulations on contracts concluded outside the commercial premises and in particular with the provisions of Legislative Decree No. 206 of 6 September 2005 (Italian Consumer Code).
2. APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
By placing an order in the manner provided herein, the Customer declares to have read all the information provided during the purchase process and to accept these Terms and Conditions of Sale in full. The Seller reserves the right to modify the General Terms and Conditions of Sale by giving notice on this Site page. The General Terms and Conditions of Sale applicable are those in force at the time of placing an order. Any changes will be effective after publication on the Site.
The products are described on https://www.vicentini1966.it/shop in good faith and with the highest possible accuracy. The presentation of the products is not binding on the Seller and does not constitute an offer in the legal sense of the term. The images of the products may not perfectly correspond to the characteristics of the product with respect to color, size or accessories as they are only representative and not referable to the real characteristics of a single product. Products are offered at the price indicated on the website on the date an order is placed. Prices are inclusive of VAT. Prices do not include transport and delivery costs, which are indicated in the final summary section before sending an order and specified in the order receipt confirmation sent by email to the Customer.
4. PLACING AN ORDER
Orders can only be placed from and for the following territories: the Italian Republic (excluding San Marino and the Vatican City) and the following European countries: Austria, Belgium, France, Germany, Spain. Orders are subject to availability. Orders from persons under the age of 18 will not be accepted. The steps to place an order and conclude the purchase contract are indicated on the pages of the Site through text and explanatory symbols.
5. CONFIRMATION OF RECEIPT AND ACCEPTANCE OF AN ORDER
To confirm an order, the Customer must register on the Site by clicking on "ACCEPT" and then "REGISTER". Customers must fill out a registration form by providing personal identification data, an email address and choosing a password that will remain personal and confidential with which they can then access a personal section of the Site (account), or register on the Site through a Facebook account.
At any time during the ordering phase, Customers can obtain a summary of the products selected by clicking on "cart", then continue selecting products by clicking on "Products"; correct any errors in data entry, complete their personal data; click on "change quantity" or "delete items" and finish selecting products and place their order by clicking on "place order".
To complete the order of the products selected and displayed in the "cart", Customers must identify themselves, if they have not already done so, by entering their email and the password previously chosen for "Login".
The data required for registration will be as follows:
For 'Natural person' Customers: Name, Surname, Shipping address, email and telephone number, if applicable; for requests for electronic invoice of residents in Italy, a Tax code and address of residence will also be required.
For 'Companies': Company name, VAT number and/or tax code, address and shipping address, email address, telephone number; for Italian companies, the SDI (unless otherwise specified) or PEC (certified) email address for sending the electronic invoice; for foreign invoices, the name and telephone number of a Contact Person.
By clicking on "place order" after selecting the type of payment, Customers finalize their order and accept the Terms and Conditions of Sale.
The order is recorded and the sale becomes final.
Once the payment has been confirmed, the order can no longer be cancelled or modified.
Once the order has been received, the Seller will check the availability of the product ordered and only after this check will the Seller communicate its acceptance by sending a confirmation email with the following details:
Summary of the item
Total cost of order
Processing costs and total costs
Name and address of the Customer
Place and date of order (for information only)
Contact details for the service department.
In the event that the Seller is unable to process an order received, it will promptly notify the Customer. Any right of the Customer to compensation or damages is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance of an order. The order form will be kept in the Seller's electronic register, stored on a reliable and durable medium, which is considered to be evidence of the contractual relationship between the parties. It also provides proof of availability and price of items. Automatic recording systems are considered as valid proof of the nature, content and date of the order. The sale will not be concluded until the order confirmation has been sent by email to the Customer.
Orders are not final until they have been confirmed by payment of the price by the Customer.
The prices of all products available on the https://www.vicentini1966.it/shop website are expressed in euros, including VAT in force in Italy at the time of purchase, net of shipping costs that will be calculated in the final purchase phase before sending the confirmation of the order based on the destination entered in the registration phase. The Seller reserves the right to change prices at any time. The products, if available, must still be invoiced in euros at the rates in force when the order was registered. Placing an order implies acceptance of the price indicated for the product chosen.
The total price indicated in the order confirmation is the final price, including all taxes (where applicable) and shipping costs.
7. CUSTOMS DUTIES
Any order placed on the Site and shipped outside of Italy may be subject to taxes and customs duties when it reaches its destination. These taxes and customs duties related to the delivery of an item are the expenses and responsibility of the Customer only. The Seller is not obliged to know and inform the Customer of any customs duties and taxes that may be applied. The Seller advises the Customer to contact the competent authorities of its country of destination for further information.
8. PAYMENT METHODS
The https://www.vicentini1966.it/shop website is governed by Italian law and the products offered for sale are shipped from Italy. Invoices, if any, are drawn up in euros.
The Seller accepts the following payment methods:
PayPal Payment via PayPal will be made in favour of Vicentini Siro e Figli Snc. PayPal enables payments to be made via access to your account or also by credit or prepaid card for all users who are not yet in possession of an account and need to make payments through the service. The payment channels accepted by PayPal are Visa, Visa Electron, Mastercard, Postepay and Aura. In case of purchase through the PayPal payment method, at the end of the order, the Customer is directed to the PayPal login page. The amount of your order will be debited from your PayPal account or selected credit card. In case of order cancellation, both by the Customer and in case of non-acceptance by us, the amount will be refunded to the Customer's PayPal account or to the selected credit card within the third day following the cancellation of the order. Any delays in the release of amounts will depend solely on the PayPal system. At no time during the purchase process will the Seller be able to know the Customer's financial information. As there is no data transfer, there is no possibility that this data will be intercepted. No computer file of our company contains, or stores, such data. For each transaction made with a PayPal account, the Customer will receive a confirmation email from PayPal. For more information about the legal arrangements for PayPal services please consult the following guide: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full . For more information on the security of PayPal please see the following guide: https://cms.paypal.com//cms_content/IT/it_IT/files/marketing_it/Guida_sicurezza_online.pdf
Once you have chosen to pay by Stripe, you will be asked to enter your credit card details. Payment information sent over the Internet is encrypted by the SSL (Secure Socket Layer) protocol. If you choose to pay with Stripe, the amount will be charged directly to your credit card. Stripe protects the Customer's information as no financial information is passed to the Seller; Vicentini Siro e Figli Snc does not register and will never know the financial and personal data provided during the payment transition through Stripe.
For any information, the Customer is requested to consult the www.stripe.com website.
The Seller guarantees full confidentiality of bank information which automatically controls the Customer's right to use all payment transactions to ensure confidentiality.
9. PROOF OF TRANSACTION
The data recorded by the payment system are proof of financial transactions.
Order forms and invoices are stored on a reliable, durable, and documentable support as proof of agreement.
10. ORDER PROCESSING
Orders are processed Monday through Friday, excluding public holidays. Packages are shipped from Italy, within a period of 1 to 10 working days after payment of the order.
Seller shall not be liable for any delay or non-delivery due to fortuitous cause or fact of the third party or an event beyond its control, which may make the performance of the contract impossible or more onerous, in whole or in part, or for acts of third parties, such as suppliers of the parties to this agreement, subcontractors, agents and representatives, or if the Customer fails to fulfill its obligations.
Fortuitous case also includes state of war, riots, fires, strikes, accidents and the inability to obtain provisions. The Seller shall keep the buyer informed in good time of the above events or incidents.
Timely delivery of products shall take place only if the Customer has fulfilled its obligations towards the Seller. Delivery times are given in good faith, as mere authorizing terms. Delivery times are not in themselves an essential condition of the contract and the Seller is not obliged to pay any compensation.
The Seller reserves the right to entrust certain services of third parties, employees or agents working under its own responsibility, within the limits of the accreditation law and regulations.
The products purchased must and will be sent to the shipping address provided by the Customer. The Seller cannot be held responsible for the consequences of any errors committed by the Customer at the time of ordering.
The Seller shall not be held liable for non-performance of the contract in the event of force majeure, unrest, or partial or total strikes, in particular, of any means of transport services or couriers.
Return of products is only permitted for quality defects.
11. DELIVERY TIMES, METHODS and EXPENSES
The Seller can only accept orders with delivery in Italy (excluding San Marino and the Vatican City) and the following countries in Europe: Austria, Belgium, France, Germany, Spain.
We do not accept shipments to P.O. Boxes.
The Seller delivers the products by courier and/or trusted carriers within 24/96 hours from the confirmation of the Customer's order, depending on the availability of the Products and the destination of the goods. Delivery times are approximate and are in no way binding on the Seller and in any case will not exceed 30 days from receipt of the email confirming the order by the Customer. No responsibility can be attributed to the Seller in case of delay in the execution of the order or in the delivery of the goods ordered.
Indicative shipping times are:
- Italy 1/2 days
- Austria, Germany, France 2/3 days
- Belgium, Spain 3/4 days
For each order placed on the https://www.vicentini1966.it/shop Site, the Seller issues a document accompanying the material shipped. For the issuance of the invoice or other tax documents, the information provided by the Customer at the time of the order shall prevail. After the issuance of the invoice or other tax documents, it will not be possible to make changes to them.
Shipping costs are the responsibility of the Customer and are clearly explained when placing the order, based on the Customer's country of origin. Nothing is due by the Customer above and beyond the total of the order.
Shipping methods and costs vary depending on the destination country of the goods.
Delivery costs are invoiced based on the rates indicated on the Site or sent at the time of the order confirmation.
For orders with a delivery within the Italian territory (excluding San Marino and the Vatican City) with a total amount of VAT-included goods is equal to and/or greater than € 50,00 shipping costs will be free; shipping costs will also be free for orders over € 100,00 with a destination outside the Italian territory.
Deliveries by courier are made during working hours, so it is preferable to enter an address at which someone is always present for collection, otherwise the package will go into storage with a consequent delay in delivery and possible storage charge costs.
The delivery of what has been ordered is understood to be at street level. If tracking information is not available, please send an email to firstname.lastname@example.org. The Seller is not responsible for lost/stolen parcels. To ensure your order is delivered as quickly as possible, please provide us with a telephone number.
Upon delivery of the Products, the Customer must check that the packaging is intact and unaltered, also on the sealing strips.
In case of tampering and/or breakage, the Customer must immediately dispute the shipment and/or delivery by writing the words "subject to verification" on the delivery document received from the courier or other operator.
Subsequently, any damage must be reported within 2 (two) days of receipt of the Products according to the procedures provided by the operator chosen for shipping and/or delivery and/or by the operator.
In the event of the Customer failing to collect the Products ordered and in stock at the warehouses of the courier within 2 (two) working days, the Seller will cancel the purchase order due to it being impossible to deliver the Products to the address indicated by the Customer at the time of the order, with the latter being charged for the storage/disposal costs of the Products. Since the goods delivered are of a food-grade nature and therefore perishable, the Customer will not be refunded the amount already paid.
Please be aware that, with the approaching of holidays and busier periods, deliveries may take longer.
12. PRODUCT ACCEPTANCE BY THE CUSTOMER
Any damage to the packaging and/or the product, or a mismatch in the number of packages or indications, must be immediately challenged by putting a specific indication on the delivery document. By signing the courier document, the Customer certifies the real external integrity of the product and the conformity of the delivery.
Any problems concerning the real physical integrity, correspondence or completeness of the products received must be reported within 10 working days of delivery by sending an email to email@example.com.
13. RIGHT OF WITHDRAWAL
Pursuant to Art. 64 of Italian Legislative Decree No. 206/2005, the Customer, who for any reason is not satisfied with the purchase, has the right to withdraw from the contract entered into, without specifying the reason, within 14 days from receipt of the product. To exercise the right of withdrawal, the Customer must send a communication to the following address: firstname.lastname@example.org, containing: the expression of desire to exercise the right of withdrawal pursuant to Art. 64 of the Italian Consumer Code, indicating the products for which the Customer wants to exercise the right of withdrawal and the order number issued at the time of purchase.
This notice may also be sent, within the aforementioned period of 10 (ten) days, by registered letter with return receipt to the fax number +39 0445 850914. In case of exercising the right of withdrawal, VICENTINI SIRO E FIGLI Snc will refund the full price of the product provided that it is returned by the Customer intact (therefore not open, tampered with or adulterated) and in its original packaging. The Seller will accept the returned goods, reserving the right to contest the integrity of the product. Within 30 days from the notification of the exercise of the right of withdrawal, the Seller will return the sums paid for the purchase of the product with the same method of payment used for the purchase. Delivery costs for the return of products are the responsibility of the Customer and any costs incurred by the Customer for the return will not be refundable.
The right of withdrawal is however excluded in the following cases:
for products packaged "to measure" or at the specific request of the Customer or, which by their nature cannot be returned;
for fresh foodstuffs or foodstuffs which by their nature are subject to short-term deterioration;
for returned products that are not intact, open, tampered with or adulterated through the fault of the Customer.
Sale offers are subject to product availability. If a product proves to be unavailable after the order validation, the Seller agrees to inform the Customer as soon as possible, by email or telephone. The Customer can then request cancellation of the order. When the refund is in order, the amount must be credited to the Customer within thirty days of cancellation.
15. TRANSFER OF OWNERSHIP
Vicentini Siro e Figli Snc maintains full ownership of the products sold until the total amount due from the Customer has been received. The transfer of ownership of goods acquired is not covered by this contract. Only customers who originally purchased such goods can claim to adhere to the provisions of these General Terms and Conditions of Sale.
16. PROTECTION OF PRIVACY
The provision of personal data for online sales is mandatory as it is necessary for order processing, shipping and billing. This information is strictly confidential. Failure to provide information and consent to data processing will result in the automatic rejection of the order.
Any order by the Customer and all deliveries made by the Seller imply full and unconditional acceptance by the Customer of these General Terms and Conditions of Sale, to the exclusion of any other document.
The Parties expressly agree that these General Terms and Conditions apply to their business relations, unless otherwise provided in writing. The express waiver of any of the general or particular terms or conditions shall be without prejudice to the application of the other general or particular terms and conditions.
The cancellation or unenforceability of any of the clauses of the general or particular terms and conditions, has no effect on all other provisions and the general and particular terms and conditions, which remain valid and enforceable.
The fact that Customers have not received these General Terms and Conditions in their native language does not exempt them from the application of the same.
The ordering of any product offered on the Site assumes the reading and express acceptance of these General Terms and Conditions, this acceptance does not require the Customer's signature.
Validation of the order form by the Seller constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the amounts due to complete that order are payable.
The Seller reserves the right to modify its General Terms and Conditions without personally informing the Customer and without the Customer being able to claim any kind of compensation. It is up to the Customer to check periodically if any changes have been made.
17. APPLICABLE LAW
This contract is governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of the purchase contract is subject to Italian jurisdiction and the Vicenza Court will have exclusive jurisdiction, without prejudice to the mandatory jurisdiction of the courts provided for by law.
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