General conditions
General Conditions (pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions) 1. Introduction and effectiveness of the General Conditions These general conditions of sale (hereinafter, "General Conditions ") Have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.alimentarigelmino.com (hereinafter, the" Site ") in compliance with the Italian legislation referred to to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code"). The seller of the products and owner of the Site is: GiZeta sas with registered office in XXIV May 36, 33052 Cervignano del Friuli (UD), CF / PI and registration in the Udine Company Register n. 02981110303, REA: UD - 33052 - Email address info @ alimentarigelmino (hereinafter Alimentari da Gelmino). 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 confirmation email of each order to allow it to be reproduced and stored. If the Customer purchases courses or events organized in the various points of sale belonging to the Alimentari da Gelmino group on the Site, in addition to these General Conditions, and possibly in derogation from them, the Regulations of the Courses of the points of sale will apply that the Customer undertakes to read. , available here. In the event that the person making purchases on the Site requests the issue of an invoice and / or is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal discipline pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers". Contracts concluded with Alimentari da Gelmino through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian. 2. Choosing and ordering the Products The characteristics and price of the various products on 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 "Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping and billing information, 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 to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions. The contract stipulated between Alimentari da Gelmino and the Customer must be considered concluded with the acceptance of the order by Alimentari da Gelmino. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the 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 identifies errors in the order he will have 12 hours from the receipt of this email to contact the Customer Service directly from the Site using the appropriate contact form accessible via the "Assistance" tab. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer's rights as per article 7 below. Once the order has been received, Alimentari da Gelmino will check the availability of stocks for the fulfillment of the order itself. In the event that one or more Products are not available, the Alimentari da Gelmino Customer Service will promptly send an email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. In case of no reply within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, Alimentari da Gelmino will process the order with the Products available. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen. 3. Information on the Products The information and characteristics relating to the Products are available, with the relative Product codes, on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails. 4. Prices and shipping The prices of the products are inclusive of all taxes and duties. All prices are expressed in Euros. • Shipping in Italy: Throughout Italy shipping is free for orders over € 59, for lower amounts the shipping cost is € 12. For islands, lagoons and smaller islands, the shipping cost is always € 15 • Shipments abroad: For orders abroad, shipping is free for orders over € 99, for lower amounts the cost of shipping is € 27 5. Methods of payment and invoicing 5.1 Methods of payment The customer can pay the price of the Products and related delivery costs by credit card, PayPal, bank transfer, prepaid cards, Masterpass and cash on delivery. • Credit Card The circuits on which it is possible to purchase on the Site are: Visa / Visa Electron Mastercard To ensure maximum security, the Customer will make the payment transaction directly on the bank's secure server. The Site does not store the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes - by selecting the appropriate option - can proceed with the purchase without re-entering your details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser. • PayPal Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions. • Bank transfer The Customer must make the transfer within 3 days from the order date for orders relating to products; If the payment does not occur within 3 days, the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by the Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes. Data for the transfer: c / c: GIZETA SAS IBAN: IT50C0306963733100000003221 BIC / SWIFT: BCITITMM Bank: INTESA SAN PAOLO - Cervignano del Friuli Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the email confirmation (eg "Order 01/01/14 n. 100012345"). • Cash on delivery Payment will take place upon receipt of the Products and can only be made in cash at no additional cost. 5.2 Invoicing of orders If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and / or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later. 6. Transport and delivery The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field. All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. Alimentari da Gelmino is not responsible for unforeseeable delays or those not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days starting from the day following that in which Alimentari da Gelmino confirmed the order to the Customer through a specific order confirmation email. • Active delivery services in Italy: SDA-FEDEX-UPS The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse. ON RECEIPT OF THE GOODS Upon delivery of the goods by the courier, the Customer is required to check: 1) that the number of packages delivered corresponds to what is indicated on the transport document; 2) that the packaging is intact, not damaged, even in the closing materials. Any damage or mismatch in the number of packages or information must be immediately reported to the courier making the delivery, adding the wording "withdrawal with reserve due to lack and / or damage of number ... packages" on the appropriate accompanying document and confirmed, the same day by e-mail to shop@alimentarigelmino.com Even if the packaging is intact, the goods must be checked on the day of receipt and any hidden damage must be reported the same day. Any report beyond the aforementioned terms and / or through different means than indicated above, will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared. Once the courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered and the number of packages received. • Active delivery services abroad: Express Courier Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the customer the best available rate. Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Principality of Monaco, Czech Republic, Romania , Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary. 7. Withdrawal 1. In accordance with the legal provisions in force, and with particular reference to the Consumer Code, the Consumer has the right to withdraw from the purchase of the Products without any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days (calendar) starting from the date of receipt of the products. 2. The withdrawal must be exercised through an explicit declaration, which can be sent by registered letter with return receipt to the following address: GiZeta sas via XXIV n36, 33052 Cervignano del Friuli (UD) or by PEC to: gz2020@pec.it or with any other suitable means. The registered letter is considered to have been sent in good time if it has been delivered to the accepting post office within 14 (fourteen) calendar days from receipt of the product. HERE download the form. 3. After the return authorization, the user must send the purchased products, suitably packaged in their original packaging, using a carrier of their choice and at their own expense, within 10 (ten) working days from the date of the return authorization. equipped with any accessories. 4. Alimentari da Gelmino will check the product, which must be intact, in its original packaging, complete with all its parts and any additional documentation. The lack / breakage of any content of the packaging makes it impossible to exercise the right of withdrawal. Only the direct costs of returning the products to the sender remain the responsibility of the Consumer. Returns will not be accepted at the expense of the recipient. 5. Once verified that the returned product is completely intact in all its parts, Alimentari da Gelmino undertakes to proceed with the reimbursement of the purchase price no later than 14 (fourteen) calendar days from receipt of the request for withdrawal, upon receipt and verification of the returned product or demonstration by the Consumer of having returned the goods, depending on which situation occurs first. The shipment is under the full responsibility of the Consumer; in case of damage to the product during transport, the Consumer will be notified, who must collect it at his own expense within and no later than 30 (thirty) days. After this term the product will be disposed of. 6. Please send the products exclusively to our logistics service with the following indication GiZeta sas Via XXIV n36, 33052 Cervignano del Friuli (UD) 7. For any information contact: info@alimentaridagelmino.com, the customer service will arrange the collection of the returned goods in case of request by the user. 8. Pursuant to art. 55 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to products made to measure or customized or which by their nature cannot be returned or are liable to deteriorate or expire rapidly. 9. Warranty and Lacks of conformity In case of lack of conformity of Products sold by Alimentari da Gelmino, the Customer must immediately contact the Customer Service using the appropriate contact form accessible on the Site through the "Customer Assistance" tab. 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 restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or to terminate the contract. In case of broken wine or wine that tastes like cork, the Customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to Customer Service. Alimentari da Gelmino will intervene as soon as possible by arranging a free collection in order to carry out a thorough check and propose the most suitable solution. The Customer loses these rights if he does not report the lack of conformity to Alimentari da Gelmino within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term. 10. Errors and limitations of liability The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Alimentari da Gelmino will therefore not be held responsible, except in the case of willful misconduct or gross negligence. Alimentari da Gelmino reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, 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 for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order. Alimentari da Gelmino promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the case of a purchase made by children under 16. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Alimentari da Gelmino assumes no responsibility in the event of a purchase made by children under 18 who have declared that they are of a different age. 11. Complaints Any complaint must be forwarded to Alimentari da Gelmino using the appropriate contact form accessible directly on the Site via the "Customer Assistance" tab, or by calling 0431 1964411 (from abroad 39 0431 1964411), active from Monday on Fridays, from 9.00 to 17.00, excluding holidays, or by registered letter with return receipt to the following address: approx. GiZeta sas XXIV Maggio Complaints Office, 36 33052 Cervignano del Friuli (UD) Alimentari da Gelmino undertakes to respond to all requests received within a maximum of 7 days. working. 12. Online resolution of consumer disputes (ADR and ODR) ADR According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be started if the consumer, after having lodged a complaint with the company, has not received a response or has received a response that is not considered satisfactory by him within 45 days. The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to the address: conciliazione@consorziocomm.it or to the fax number 02/87181126. For more information, see: http://www.consorziocomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl ODR Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. 13. Applicable law and competent court The sales contract between the customer and Alimentari da Gelmino is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Udine, any other jurisdiction excluded. *** Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors - exclusions of liability).
