Terms and conditions
- GENERAL INFORMATIONS
- CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE TERMS OF SALE
- PROCESSING OF PERSONAL DATA
- CUSTOMER OBLIGATION
- DEFINITION OF THE ORDER
- PURCHASE METHOD
- PRODUCT DELIVERY
- GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
- RIGHT OF WITHDRAWAL
- METHOD FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
- EXPRESS TERMINATION CLAUSE
- APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions of Sale concern the purchase of Monterinaldi® products carried out remotely via a telematic network on the site monterinaldi.com/monterinaldi.it belonging to the Soc. Agr. Monterinaldi srl, based in Radda in Chianti (SI), Loc. Lucarelli 75. Each purchase operation will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information directed to the conclusion of the contract will be subject to art. 12 of the Legislative Decree 70/03 and, as regards the protection of confidentiality, will be subjected to the legislation referred to in Legislative Decree 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL SALES CONDITIONS
The contracts for the sale of products on the site monterinaldi.com/monterinaldi.it are deemed concluded at the time when the purchase order made by the customer to Soc. Agr. Monterinaldi srl and the latter accepts it. Soc. Agr. Monterinaldi srl will promptly send the customer a receipt of the purchase order made by the customer. The customer, with the electronic transmission of his purchase order, declares to have read and accepted these general terms and conditions and undertakes to observe and respect them in his relations with Soc. Agr. Monterinaldi srl.
PROCESSING OF PERSONAL DATA
Soc. Agr. Monterinaldi srl pursuant to art. 13 of Legislative Decree 196/2003 informs that personal and fiscal personal data acquired also verbally with reference to established business relationships, provided directly by the interested parties, or otherwise acquired in the context of the company's activity, will be processed in compliance with the aforementioned legislation , including the confidentiality obligations envisaged by these In relation to the aforementioned, the rights referred to in Article 7 of the Legislative Decree may be exercised. 196/2003.
The Customer is required, before submitting his purchase order, to read carefully these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, once the on-line purchase procedure has been completed, the customer is required to print and keep the present general sales conditions, already viewed and accepted during the contract conclusion phase.
DEFINITION OF THE ORDER
By sending the order online, the Customer transmits to Soc. Agr. Monterinaldi srl a proposal to purchase the product and / or products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to buy them at the price and terms indicated in these General Sales Conditions.
Soc. Agr. Monterinaldi srl will inform the Customer of the acceptance and confirmation of the order.
The customer buys the product, the characteristics of which are illustrated on-line in the relative descriptions and techniques, at the price indicated therein to which are added the delivery costs specified on the site. Before submitting the purchase order, the unit cost of each selected product is summarized, the total cost in the event of the purchase of multiple products and the relative delivery costs. Once the purchase order has been submitted, the customer will receive from Soc. Agr. Monterinaldi srl an e-mail message confirming confirmation of receipt of the purchase order and containing information on the main characteristics of the purchased good, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general terms and conditions and information on the existence of the right of withdrawal, to the conditions and methods of its exercise displayed on the site. Following the approval of Law Decree 4 July 2006 n. 223 "maneuver bis" Article 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, with which the obligation to communicate the list of customers and suppliers in the event of issue is restored invoice, and Decree Law 78 of 31 May 2010 converted into Law 122 of 30 July 2010, requires the need to require customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
The customer can make the payment due by choosing one of the following methods.
- Payment by credit card or PayPal: In the event that the consumer intends to pay by credit card, he can make use of the payment procedure through the NeXi platform, or through the PayPal platform, suitable for ensuring the confidentiality of the data provided by the customers. For any information and further Legal Agreements, the Customer is referred to the www.paypal.com website.
- Payment by bank transfer: Payment by bank transfer is possible using the following details:
- IBAN: IT30T 01030 71950 000000277013
- BIC / SWIFT: PASCITM1S77
- Heading: Soc. Agr. Monterinaldi srl
In the event that the payment is made by bank transfer, the purchased good will be shipped in the manner described in the following paragraph "Product Delivery", to the address indicated by the customer upon receipt of the credit, therefore on average within two / five days after bank transfer (the timing varies depending on the credit institution used). To facilitate the process, a receipt of payment can be sent together with your order number via e-mail to email@example.com
The purchased good, together with the relative invoice, is delivered by courier to the address specified by the Customer when ordering online. Any specific needs must be proposed by the customer to Soc. Agr. Monterinaldi srl. In case of non-delivery due to the absence of the recipient, to the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender (Soc. Agr. Monterinaldi srl).
GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
Soc. Agr. Monterinaldi srl is liable for any lack of conformity that occurs within two years from the delivery of the goods. For the purposes of this contract it is assumed that the consumer goods are in conformity with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the quality and usual performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, from the manufacturer or his agent or representative, in particular in advertising or labeling; d) are also suitable for the particular use intended by the consumer and which the latter brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted even for conclusive facts. The consumer loses all rights if he does not report to the seller the lack of conformity within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the defect of compliance. In the event of a lack of conformity, the consumer may request, alternatively and without charge, the repair or replacement of the purchased item, a reduction in the purchase price or termination of this contract, unless the request it is not objectively impossible to satisfy or results for the Soc. Agr. Monterinaldi srl excessively burdensome pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent in writing, by registered mail with return receipt or by certified e-mail to Soc. Agr. Monterinaldi srl, which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, where Soc. Agr. Monterinaldi srl has accepted the consumer's request, it must indicate the method of delivery or return of the goods as well as the deadline for the return or replacement of the defective product. If the repair and replacement are impossible or excessively expensive, Soc. Agr. Monterinaldi srl has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the consumer, who may request, at his option, a reasonable price reduction or termination of the contract. In this case, the consumer must send his Soc. Agr. Monterinaldi srl, which will indicate its willingness to carry out the same, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, where Soc. Agr. Monterinaldi srl has accepted the consumer's request, it must indicate the reduction of the proposed price or the method of returning the defective product. In such cases it will be the responsibility of the consumer to indicate the methods for the re-crediting of the amounts previously paid Soc. Agr. Monterinaldi srl.
RIGHT OF WITHDRAWAL
The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
In the event that the professional has not fulfilled the information obligations regarding the existence, methods and timing of the return or collection of the goods in the event of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered mail with return receipt to the address:
Soc. Agr. Monterinaldi srl, Loc. Lucarelli 75, 53017 Radda in Chianti (SI)
or by e-mail to the e-mail firstname.lastname@example.org, provided that such communications are confirmed by sending a registered letter with return receipt to the Soc. Agr. Monterinaldi srl, Loc. Lucarelli 75, 53017 Radda in Chianti (SI) within 48 (forty-eight) hours later
or by certified e-mail to the e-mail address email@example.com .
For the purpose of exercising the right of withdrawal the sending of the communication may validly be replaced by the return of the purchased good, as long as in the same terms. The delivery date to the post office or to the forwarding agent will prevail between the parties.
The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the good itself. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.
The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier. The Supplier will provide free reimbursement of the entire amount paid by the Buyer
within the term of 30 (thirty) days from receipt of the notice of withdrawal.
Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
METHOD FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforementioned deadline, a written communication to the address of the Soc. Agr. Monterinaldi srl by registered letter with acknowledgment of receipt to the following address: Soc. Agr. Monterinaldi srl Bergamo, Via Alberico da Rosciate 28 - 24124 or by certified e-mail to the e-mail address firstname.lastname@example.org.
If the delivery of the goods has taken place, the customer is required to return it to Soc. Agr. Monterinaldi srl within the term of 15 (fifteen) working days from the date of delivery of the goods. The good must be returned to Soc. Agr. Monterinaldi srl complete with every part and any accessory or instruction manual and everything originally delivered to the customer, as well as packed in its original packaging. A copy of the electronic order receipt must be attached to the returned product. The costs of returning the property to Soc. Agr. Monterinaldi srl are charged to the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Soc. Agr. Monterinaldi srl is required to reimburse the sums paid by the customer. In particular, Soc. Agr. Monterinaldi srl will proceed free of charge with the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This operation will be carried out by repayment on credit card or PayPal where possible, or by crediting the sum to the bank account indicated by the customer. Soc. Agr. Monterinaldi srl has the right to reject any product returned in ways other than those specified above, as well as products for which the costs of return have not been fully paid by the customer, or the procedures and times indicated for the communication have not been respected exercising the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In case of total or partial non-payment of the purchase price of the asset Soc. Agr. Monterinaldi srl reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer's electronic address.
For any complaint or clarification, the customer must write to the e-mail address email@example.com
The customer will be contacted for clarifications within 3 (three) working days of the request.
APPLICABLE LAW AND JURISDICTION
All disputes arising from this contract will be devolved to a conciliation attempt at the mediation body of the Chamber of Commerce of Siena and resolved according to the conciliation regulation adopted by the same.
If the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
In order to provide for extrajudicial resolution of disputes deriving from online purchases of merchandise and services, the European Regulation on Online Dispute Resolution provides the ODR platform, managed by the European Commission and accessible at: https://webgate.ec.europa.eu/odr.
This contract is regulated by the Italian law.
19.2. Although not expressly provided herein, the laws applicable to the relationships and the cases provided for in this contract are valid, and in particular the art. 5 of the 1980 Rome Convention.
19.3 Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons.