GENERAL SALES CONDITIONS
The term “online sales contract” refers to the purchase agreements – related to Supplier’s movable tangible property – between Supplier and Buyer under a system of remote sales through telematics instruments set up by Supplier. The term “Buyer” refers to the consumer, i.e. “natural person” who makes the purchase order, specified in this contract, for purposes that are outside his/her trade, business or professional activity (if any). The term “Supplier” refers to the person that provides the goods specified in this contract. The Buyer, by sending a purchase order via computer, unconditionally accepts and agrees to comply with the general terms and payment conditions set out below during his/her relationship with the supplier; the Buyer also declares to have read and accepted all the information provided, pursuant to the provisions mentioned, and also acknowledges that the Supplier is not bound by any other condition unless previously agreed in writing. Buyer’s express undertaking: – These Terms and Conditions of Sale must be examined online by shoppers visiting the site, before they confirm their purchases. The submission of the order confirmation implies full knowledge and acceptance of the General Conditions of Sale. – The Buyer agrees and undertakes, after having completed the online purchase procedure, to print and keep these Terms and Conditions of Sale, already read and accepted during the purchase process, in order to fully comply with the provisions provided for by articles 3 and 4 of Legislative Decree no. 185/1999. Processing of personal data:
Personal data requested during the registration process are collected by L’ABC del Gusto and processed electronically and/or by hand for the sole purpose of complying with the obligations arising from any agreement entered into with the Customer and shall not, under any circumstances or in any way be transferred to third parties.
L’ABC del Gusto guarantees Customers the respect of regulations on the processing of personal data governed by the Data Protection Code provided for by Legislative Decree no. 196 of 30.06.03. The data controller is L’ABC del Gusto, with registered office in VIA TALE DEI TALI, namely the legal representative, unless a manager is appointed pursuant to art. 29 of Legislative Decree no. 196/2003.
The Customer has the right, at all times, to retract the consent to the processing of personal data, by writing to the registered office of L’ABC del Gusto.
The Customer declares to have received and viewed the information notice pursuant to Art. 13, which also specifies the rights to safeguard the customer; pursuant to art. 7 of Legislative Decree no. 196/2003, the data subject has the right to access their data in the manner indicated therein. Marketing communications (e.g. Newsletter) shall only be sent following the explicit consent of the Customer, issued together with the consent to process personal data, provided upon submitting the registration request.
2) IDENTIFICATION AND OBLIGATIONS OF CONTRACT PARTIES
The goods under these general sales conditions are sold by L’ABC del Gusto, with registered office in Cuneo (CN), Via Bisalta 55, registered with the Chamber of Commerce of Cuneo under No. 03395890043 of the Companies Registry, tax code No. 03395890043 and VAT number: 03395890043. Buyer:
Consumer, i.e. “natural person” that makes the purchase order.
3) OBJECT AND CONCLUSION OF THE CONTRACT
Under this contact, Supplier and Buyer respectively agree to sell and purchase – through remote telematics instruments – only the movable tangible goods available for sale on this website. The contract between Supplier and Buyer shall be entered into exclusively over the Internet. To submit a purchase order for the goods available for sale, Buyer must access our website and follow the instructions contained therein. The purchase contract shall be deemed executed when an order is placed by Buyer through our online order form. The order summary can be viewed on the relevant web page, and shall contain the following details: Buyer’s personal data, order details, price of purchased goods, delivery charges, payment method and terms and delivery address. Upon receipt of the Buyer’s order, the Supplier shall send a confirmation e-mail and/or direct Buyer to a printable web page containing the order summary along with the data quoted in the order form. The contract is deemed to be entered into force and effective only upon execution of the order and the issue of the relative tax receipt or invoice. Until then, Supplier has the right to refuse the order. The tax receipt/sales invoice is issued by L’ABC del Gusto S.N.C. and sent by e-mail solely to Buyer. In case of deliveries outside the EEC, the sales invoice shall be included in the delivery folder along with the goods. The sales contract and the order summary are drawn up in two different versions: Italian and English. In case of translation discrepancies, the Italian version shall prevail.
4) PAYMENTS AND REFUNDS
Supplier accepts payments for the ordered goods through major Credit Cards (Mastercard and Visa circuits) and PayPal. Supplier also accepts payments through bank transfer and cash on delivery. In the latter case, payment must be made upon receipt of goods and only for goods delivered throughout the Italian territory. As per payments through bank transfer, the order shall be executed only upon receipt of proof of payment. Credit card data is managed directly by Stripe or other banks specialized in online payments, whereas, PayPal data is managed directly by PayPal. Personal data is protected by means of next-generation encryption systems that prevent unauthorized use of such data by third parties, and is forwarded directly to the bank. Supplier reserves the right to request authorization from the credit cart issuing bank or PayPal to verify ownership and authenticity of the credit card in case problems are encountered. Under the right circumstances, refunds will be made to Buyer by transfer of credit card payment, within 30 days from the date on which Supplier became aware of the causes that gave Buyer the right to claim a refund.
5) TERMS AND METHODS OF DELIVERY
Supplier shall ship the ordered goods via couriers. Orders are typically processed the same day the order is placed or may take an additional 1-5 business days . During this time, a tax receipt or an invoice will be issued by Supplier, and the order shall be processed following order acceptance. In the event that Supplier is unable to deliver the goods within the agreed terms, prompt notice shall be given to Buyer by an e-mail stating the term within which the order shall be processed. Delivery times may vary depending on the country of destination and other reasons beyond Supplier’s control or not attributable to the same.
6) SHIPPING AND DELIVERY CHARGES
Deliveries in Italy are free for orders of a minimum value of € 39. Orders of less than 39€ are charged at a set rate of €6,90, regardless of the amount or weight of goods ordered. International deliveries : we apply the same rates to you as the carrier applies to us, calculated based on the overall volume of deliveries. Please check the import conditions for your country before placing an order. You may incur unforeseen additional charges (taxes and customs duties) which we cannot estimate.Our shipments are made DDU (Delivery Duty Unpaid), which means the goods will arrive at the specified place of delivery but specific custom duties could be charged. If you want us to deliver to a country outside the EU, we recommend you find out about import restrictions on foodstuffs in the destination country, before confirming your order.
Goods are shipped DDU (Delivery Duty Unpaid) , and therefore, shall arrive directly at the place of delivery stated in the order; shipping costs are at the charge of the final customer. In the case of goods shipped in a Country outside the EEC, before placing an order it is advisable to enquire about the restrictions on food products that are in force in the country of destination.
All prices of goods listed and available for sale on this website are an offer to the public pursuant to art. 1336 c.c., and are inclusive of VAT and other taxes. Shipping charges shall be indicated and calculated by Buyer through the purchase procedure prior to submit the order and can be viewed on the order summary page. The prices of each product offered for sale are valid up to the date of order placement and are indicated in the order summary web page. It is understood that prices and terms are subject to change at any time at supplier’s sole discretion and the prices quoted on the order summary page shall apply.
8) PRODUCT AVAILABILITY
Supplier guarantees timely processing and execution of orders through a telematics system. In case the ordered quantity exceeds the available stock, Supplier shall send Buyer an e-mail stating that the product is not in stock and specifying the date when it will be available. Buyer shall also be asked to reconsider his/her order before proceeding. Buyer shall be promptly notified, through electronic means, of the successful completion of the order registration process via a confirmation email, which is not legally binding as it is a simple order summary.
9) LIMITATION OF LIABILITY
If an order cannot be executed within the terms under this contract due to force majeure events, Supplier shall not be held liable for any ensuing problem or loss suffered by Buyer. Supplier shall not be held liable towards Buyer, save for cases of willful misconduct or gross negligence, web failure or malfunctions beyond Supplier’s or sub-suppliers’ control. Also, Supplier shall not be held liable for any damage, loss or extra charges suffered by Buyer in the event of failure to execute the contract due to causes not attributable to the same, given that Buyer is only entitled to claim refund of the full price paid for the product. Supplier shall not be held liable for any fraudulent or illegal use – by unauthorized third parties – of credit cards upon payment of the purchased products, provided Buyer is able to prove that all possible precautionary measures were taken according to the standards of ordinary diligence.
10) WARRANTY AND ASSISTANCE
Supplier shall be held liable for any ascertained defective or faulty products attributable to the same, provided that such defects have been notified to Supplier via registered mail with return receipt sent to the following address: L’ABC del Gusto S.N.C., Via Bisalta 55 12100 Cuneo (CN), or by fax to No.: +39 3474464797 or +39 3482814970 or notified by e-mail sent to the following web address: email@example.com within 8 days from the date of delivery of the purchased goods.
11) BUYER’S OBLIGATIONS
Buyer agrees to pay the price of the purchased goods according to the terms and methods under this Contract. Once the online purchase procedure is completed, Buyer shall print out and store the web page that contains the order details. The information contained herein has been examined and accepted by Buyer who declares to have acknowledged it after being redirected to this web page upon placement of order.
12) CONTRACT FILING METHOD
Pursuant to art. 12 of Leg. Decree No. 70/03, Supplier agrees to inform Buyer that every order placed with Supplier is stored in digital format on the server that hosts this Website according to criteria of confidentiality and security.
13) COMMUNICATIONS AND COMPLAINTS
All written communications addressed to Supplier, including any complaints, shall be deemed valid only if sent to the following address: : L’ABC del Gusto, VIA TALE DEI TALI or sent by fax to No.+39 0171 453707, or by e-mail to the following web address: : firstname.lastname@example.org. Buyer shall state in the order registration form his/her place of residence and domicile, telephone number and e -mail address for receiving communications from Supplier.
14) JURISDICTION AND APPLICABLE LAW
Any disputes arising out of or in connection with this contract shall be settled by the competent court of Cuneo, in case the Parties agree to submit such disputes to an ordinary Court.
This contract is governed by Italian law.
15) CONTRACT DURATION AND EFFECTIVENESS
The confirmation of the order implies acceptance by Buyer of these general sales conditions terms. Updates and changes to these terms and conditions are effective from the moment they are published on this website. Any change or update to these terms and conditions shall be deemed valid and effective for orders that are yet to be filled out and for which the relative summary page is not yet displayed or printed out.
16) RIGHT OF WITHDRAWAL
The Buyer has the right to terminate the agreement entered into with the Seller, without any penalty and without specifying the reason, within 8 days from the day of receipt of goods purchased at www.labcdelgusto.com. To withdraw from the agreement, the Buyer may use the return form (in conformity with the form pursuant to Article 49, paragraph 4 of the Consumer Code); the form must be filled in and sent to the Seller by e-mail at email@example.com The customer may also write and send to the Seller a declaration stating the decision to withdraw from the agreement. After having withdrawn from the agreement, the Buyer must return the products to the Seller, handing them over to the carrier for shipment within 7 days, starting from when the Buyer notified the Seller of his/her decision to withdraw from the contract. If the Buyer decides to use a delivery method different to that indicated by the Seller, the Buyer shall directly pay the costs to return the goods and shall be liable in case of loss of or damage to the products during transport. The right of withdrawal, in addition to the above mentioned terms and circumstances, shall be considered correctly exercised if the following conditions are complied with:
- the return form sent or any other communication stating the decision to withdraw from the agreement must be properly filled in and forwarded to the seller within 8 days of receipt of goods
- the products must be returned in their original packaging
- the products must be delivered to the carrier within 7 days starting from when the Buyer notifies the Seller of his/her decision to withdraw from the agreement
- the goods must not be damaged.
The Buyer is responsible for the diminished value of the returned products, resulting from any use other than that authorised by the Seller in order to allow the Buyer to ascertain the nature, characteristics and functioning of the products. If the right of withdrawal is exercised in the manner foreseen, the Seller shall check the conformity of the returned products and shall refund the amount due within 14 days from the date on which the Seller becomes aware of the exercise of the right of withdrawal by the Buyer. The Seller shall refund the amount using the same payment method used by the Buyer to purchase the returned products, unless otherwise agreed between the parties. If the right of withdrawal is not exercised in compliance with the terms and procedures described, the Buyer shall not be entitled to a refund of the money paid to the Seller.