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Cookie Policy

INTRODUCTION

 

This cookie policy is made for the site {url-sito} (Site). The document is drafted taking into account the provisions of European Regulation 679/2016 on the protection of personal data (GDPR), the Privacy Code (Legislative Decree No. 196 of June 30, 2003) and the Guidelines of the Privacy Guarantor (especially the Guidelines on the use of cookies issued on July 10, 2021).

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Data Controller: Area Wines di Claudia Comunale ; Sede Operativa: Via Giosuè Carducci 19, 09128 - Cagliari -CA ; Sede legale: Via Giovanni Capula 30, 09131 Cagliari CA ; P.I. 03903840928 ; REA: CA - 305552 ; Contatti Email: commerciale@areawines.it Tel: +39 3938982928

 

GENERAL INFORMATION

 

What are cookies

 

A cookie is a text file that a website visited by the user sends to his terminal (computer, mobile device such as smartphones or tablets), where it is stored and then transmitted to that site on a subsequent visit to the same site.

 

Cookies are distinguished

 

  • on the basis of the subject who installs them, depending on whether it is the same manager of the site visited (so-called "first party cookies") or a different subject (so-called "third party cookies");

  • according to the purpose of each cookie: some cookies allow better navigation, storing some of the user's choices, such as language (so-called "technical cookies"), other cookies allow monitoring the user's navigation also in order to send advertising and/or offer services in line with his/her preferences (so-called "profiling cookies").

 

Only profiling cookies require the prior consent of the user to their use.

 

The Data Controller is only responsible for first party cookies installed on the Site.

 

In the section "First party technical cookies" you can view the types of first party technical cookies set by the Site.

 

The management of profiling cookies is described in the section "Third party profiling cookies", where present. If this section is not present it means that the Site does not set profiling cookies. If the Site sets profiling cookies you can express and modify your consent to the set of these cookies using the options indicated in the so-called "cookie banner" (the banner that appears when you first access the Site).

 

In any case, you can also enable/disable cookies through the options of your browser:

 

Internet Explorer

Click on Tools menu, then Internet Options.

Click on Privacy, then Advanced.

In the Cookies window, select your preferences.

 

Google Chrome

Click on Chrome's menu.

Select Settings, then click on Advanced.

In the Privacy and Security section, click on the Content Settings button.

Select your preferred options in the Cookies section.

 

Firefox

Click on Tools, then click on the Options menu.

Click on Privacy and Security settings.

Select Use custom settings for history.

Select your preferred options in the Accept cookies and data from websites section.

 

Safari

Click on Safari, then Preferences.

Click on the Privacy and Security section.

Go to Block Cookies and select your preferred options.

 

First-party technical cookies

 

These cookies are necessary for the operation of the Site and cannot be disabled. They are usually defined as a response to actions taken that constitute a request for services, such as setting cookie preferences, logging in or filling out forms, browsing preferences.

 

 

  • The Site sets navigation or session cookies that guarantee normal navigation and use of the Site.

  • The Site also uses cookies that maintain your choice as to how you view Products on the Site.

 

 

Third-party profiling cookies

 

The Site does not set profiling, advertising or statistical cookies.

 

Rights of the user

 

Pursuant to Article 13 of the GDPR, the Data Controller informs you that you have the right to:

 

  • request from the Data Controller access to your personal data and the rectification or erasure of the same or the limitation of the processing concerning you or to object to their processing, in addition to the right to data portability

  • to withdraw consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation

  • to lodge a complaint with a supervisory authority (e.g. the Italian Data Protection Authority).

 

The rights referred to above may be exercised with a request made without formalities to the contacts indicated in the Introduction.

 

Communication of data

 

 

  • The Data Controller communicates/shares the data to the company in charge of the advertising campaigns and/or to the web agency that manages the Site.

 

 

Storage of the information

 

 

  • Data from technical cookies is stored for the time necessary to enable the service to which the individual technical cookie relates.

Privacy policy on the processing of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

INTRODUCTION

 

This information takes into account the provisions of the GDPR and the Privacy Code (Legislative Decree 30 June 2003 n. 196). The document has also been drafted in accordance with the Guidelines of the Privacy Guarantor (especially the Guidelines for combating spam issued by the Privacy Guarantor on July 4, 2013).

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Data Controller: Area Wines di Claudia Comunale ; Sede Operativa: Via Giosuè Carducci 19, 09128 - Cagliari -CA ; Sede legale: Via Giovanni Capula 30, 09131 Cagliari CA ; P.I. 03903840928 ; REA: CA - 305552 ; Contatti Email: commerciale@areawines.it Tel: +39 3938982928

 

Site to which this privacy policy refers: https://www.areawinesenoteca.com/ (Sito).

 

The Data Controller has not appointed a DPO. Therefore, you may send any inquiries directly to the Data Controller.

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GENERAL INFORMATION

 

This document describes how the Data Controller processes your personal data.

 

The following describes the main processing of your personal data. In particular, we explain the legal basis of the processing, whether the provision of personal data is compulsory and the consequences of not providing personal data. To better describe your rights, if necessary, we have specified if and when a certain processing of personal data is not carried out.On the Site you have the possibility to enter personal data of third parties. In this case you guarantee to have obtained the consent of these subjects to the insertion of these personal data. Therefore, you agree to indemnify and hold harmless the Data Controller from any liability.

 

Site registration

 

The information and data requested in case of registration will be used to allow you both to access the private area of the Site and to use the online services offered by the Data Controller to registered users. The legal basis of the processing is the need for the Data Controller to execute pre-contractual measures taken at the request of the data subject. The conferment of data is optional. However, your refusal to provide the data will make it impossible to register on the Site.

 

Purchases on the Site

 

Your personal data will be processed to allow you to make purchases on the Site. in the case of making an online purchase order, to allow the conclusion of the purchase contract and the proper execution of transactions related to the same (and, if necessary under the legislation, to fulfill tax obligations). The legal basis for the processing is the obligation of the Data Controller to execute the contract with the data subject or to comply with legal obligations. Apart from the above (and therefore your consent), the Data Controller may process your data for the purpose of so-called "soft-spam", governed by art. 130 of the Privacy Code. This means that limited to the email you provided in the context of a purchase through the Site, the Data Controller will process the email to allow direct offers from similar products/services, unless you object to such processing in the manner provided by this policy. The legal basis for processing is the legitimate interest of the Data Controller to send this type of communication. This legitimate interest can be considered equivalent to the interest of the data subject in receiving "soft-spam" communications.The Data Controller may send emails to remind the user to complete a purchase. The legal basis for this processing is the legitimate interest of the Data Controller in sending this type of communication.

 

Answering your requests

 

Your data will be processed to respond to your requests for information. The conferment is optional, but your refusal will make it impossible for the Data Controller to answer your questions. The legal basis for the processing is the legitimate interest of the Data Controller in fulfilling your requests. This legitimate interest is equivalent to the user's interest in receiving a response to communications sent to the Data Controller.

 

Marketing

 

Subject to your consent, the Data Controller may process the personal data provided by you in order to send you advertising material and/or newsletters relating to its own products or those of third parties. The legal basis of this treatment is your consent. The provision of personal data for this purpose is purely optional. Failure to consent to the processing of data for marketing purposes will make it impossible for you to receive advertising material relating to products/services of the Data Controller and/or third parties, as well as making it impossible for the Data Controller to carry out market surveys, also aimed at assessing the degree of user satisfaction, and to send you newsletters. These communications will be sent to your e-mail.

 

Profiling

 

Subject to your consent, the Data Controller may process your personal data for profiling purposes, i.e. for the analysis of your consumption choices by revealing the type and frequency of purchases made by you, in order to send you advertising material and/or newsletters relating to its own products or third parties, of your specific interest. The legal basis of this treatment is your consent. The provision of data for this purpose is purely optional. Failure to consent to the processing of your personal data for profiling purposes will make it impossible for the Data Controller to elaborate your commercial profile, through the detection of your choices and buying habits and to send you advertising material about products of the Data Controller and/or third parties, of your specific interest. These communications will be sent to your e-mail.

 

Data transfer

 

The Data Controller does not transfer your personal data to third parties.

 

Geolocalization

 

The Site does not implement tools to geolocate the user's IP address.

 

Communication of personal data

 

As part of its ordinary business, the Data Controller may communicate your personal data to certain categories of subjects. In article 2 you can find the list of subjects to which the Data Controller communicates your personal data. In order to facilitate the protection of your rights, Article 2 may specify in certain cases when your data is not communicated to third parties.

The "communication" of personal data to third parties is different from the "transfer" (governed by the preceding point). In fact, in the communication the third party to whom the data is transmitted can use it only for the specific purposes described in the relationship with the Data Controller. In the transfer, instead, the third party becomes the autonomous Data Controller. Moreover, to transfer your personal data to third parties is always required your consent.

 

Without prejudice to the foregoing, it is understood that the Data Controller may still use your personal data in order to correctly fulfill the obligations provided for by the laws in force.

 

PRIVACY POLICY

 

Art. 1 Method of processing

 

1.1 The processing of your personal data will be mainly carried out with the help of electronic or automated means, according to the methods and with the tools suitable to ensure their security and confidentiality in accordance with the GDPR.If the automatic chatbot service is operational, your personal data will also be processed to allow the activation of this service, through which the user can contact and be contacted by the Data Controller, subject to consent. The legal basis is the legitimate interest of the Data Controller to respond to the user's requests through the chatbot service. This legitimate interest may be deemed equivalent to the interest of the data subject in using the automated chatbot service.

 

1.2 The information acquired and the methods of treatment will be relevant and not excessive in relation to the type of services rendered. Your data will also be managed and protected in secure computer environments appropriate to the circumstances.

 

1.3 Through the Site are not processed "special data". Particular data are those that can reveal racial and ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade union, health and sex life.

 

1.4 No judicial data is processed through the Site.

 

Art. 2 Communication of personal data

 

The Data Controller may communicate your personal data to certain categories of subjects. The subjects to whom the Data Controller reserves the right to communicate your data are indicated below:

 

  • The Data Controller may communicate your personal data to all those subjects (including Public Authorities) who have access to personal data by virtue of regulatory or administrative measures.

  • Your personal data may also be disclosed to all those public and / or private individuals and / or legal entities (legal, administrative and tax, judicial offices, Chambers of Commerce, Chambers and Offices of Labor, etc..), if the communication is necessary or functional to the proper fulfillment of obligations under the law.

  • The Data Controller uses employees and/or collaborators in any capacity. For the proper functioning of the Site, the Data Controller may communicate your personal data to these employees and/or collaborators.

  • In its ordinary activity of managing the Site, the Data Controller makes use of companies, consultants or professionals in charge of the installation, maintenance, updating and, in general, the management of the hardware and software of the Data Controller or which the latter uses for the provision of its services. Therefore, only with reference to these purposes, your data may also be processed by these subjects.

  • In order to send its communications, the Data Controller uses external companies in charge of sending this type of communication (CRM platforms). Your personal data (in particular your email) may therefore be communicated to these companies.

  • The Data Controller does not use external companies to provide customer care services. Therefore, your personal data will not be processed for this purpose.

 

The Data Controller reserves the right to modify the above list in accordance with its ordinary operations. Therefore, you are invited to regularly access this information to check to which subjects the Data Controller communicates your personal data.

 

Art. 3 Personal data retention

 

3.1 This article describes how long the Data Controller reserves the right to retain your personal data.

 

 

  • User data will be kept only for the time necessary to ensure the proper provision of the services offered through the Site.

  • For marketing purposes, personal data will be kept until consent is revoked. For inactive users, personal data will be deleted after one year from the sending of the last email eventually viewed.

  • For the purpose of executing the sales contract, the data will be kept for 10 years from the date of receipt of the purchase order. This is to allow the Data Controller to exercise its right of defence and to prove the Seller has performed its duties.

  • For customer care purposes, data will be deleted once the service is completed.

  • As provided for in Article 2220 of the Civil Code, invoices, as well as all accounting records in general, are kept for a minimum period of ten years from the date of registration, so that they can be presented in the event of an audit.

 

 

3.2 Without prejudice to the provisions of Article 3.1, the Data Controller may retain your personal data for the time required by specific regulations, as amended from time to time.

 

Art. 4 Transfer of personal data

 

4.1 The Data Controller is based within the European Union. Therefore, the processing of your data is safe from a regulatory point of view as it is governed by the GDPR. If the transfer of your personal data takes place in a non-EU country and for which the European Commission has issued an adequacy opinion, the transfer is in any case considered safe from a regulatory point of view. This Article 4.1 indicates from time to time the countries to which your personal data may possibly be transferred and where the European Commission has issued an adequacy opinion.

  • You are therefore invited to access this article regularly to check whether the transfer of your personal data takes place in a country with these characteristics.

 

 

4.2 Without prejudice to what is stated in article 4.1, your data may also be transferred to countries outside the EU for which the European Commission has not issued an adequacy opinion. You are therefore invited to regularly review this article 4.2 to find out to which of these countries your data may be transferred.

 

4.3 In this article, the Data Controller indicates the countries in which it may specifically direct its activities. This circumstance may imply the application of the legislation of the country of reference, together with that of the GDPR. 

 

 

  • At the request of the user, the Data Controller will apply to the processing of personal data any more favourable legislation provided for by the user's national legislation.

 

 

Art. 5. Your rights under the GDPR

 

Pursuant to art. 13 of the Privacy Regulations, the Data Controller informs you that you have the right:

 

  • to request from the Data Controller access to your personal data and the rectification or erasure of the same or the restriction of the processing thereof or to object to the processing thereof, in addition to the right to data portability

  • revoke consent at any time without affecting the lawfulness of the processing based on the consent given before revocation

  • to lodge a complaint with a supervisory authority (e.g. the Italian Data Protection Authority).

 

The rights referred to above may be exercised by making a request without formalities to the contacts indicated in the Introduction. 

 

Art. 6. Amendments

 

The Data Controller reserves the right to make changes to this policy at any time, giving appropriate publicity to users of the Site and ensuring in any case an adequate and similar protection of personal data. In order to view any changes, you are invited to regularly consult this policy. In case of substantial changes to this privacy policy, the Data Controller may give notice of such changes also by email.

Terms of sale for products.

General Conditions of Sale, in force since october 24 2022.

 

INTRODUCTION

 

This information is provided for the site https://www.areawinesenoteca.com/ (Sito).

 

Seller Data: Area Wines di Claudia Comunale ; Sede Operativa: Via Giosuè Carducci 19, 09128 - Cagliari -CA ; Sede legale: Via Giovanni Capula 30, 09131 Cagliari CA ; P.I. 03903840928 ; REA: CA - 305552 ; Contatti Email: commerciale@areawines.it Tel: +39 3938982928 (Venditore).

 

Art. 1 Scope

 

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

 

1.2 If made possible by the Site, the insertion of your tax code during a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It is recalled that the quality of consumer is the natural person acting for purposes unrelated to the business, commercial, professional or craft eventually carried out. If, however, is given the opportunity to enter the VAT number (his or that of a legal person), this implies a purchase by way of "Professional", pursuant to art. 3, paragraph I, letter. c) of the Consumer Code. The quality of Professional is the natural person or legal entity acting in the exercise of its business, commercial, craft or professional activity, or its intermediary. The implications of buying as a Consumer rather than as a Professional will be described later in this document.

 

1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as indicative only. The colors may differ from the real ones due to the settings of the computer systems or computers you use to view them. 

 

1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.

 

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

 

1.6 The present General Sale Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. 

 

1.7 Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale. 

 

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties. 

 

1.9 The Seller does not control and/or monitor the websites that can be consulted through such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by the same.

 

1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.

 

1.11 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

 

1.12 The entirety of any element of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, you may not reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site. 

 

1.13 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of or inability to use the Site. Seller makes no warranty or representation that: (i) the Site is free of viruses or programs that may damage data; (ii) the information contained on the Site is accurate, complete and current. 

 

Art. 2 Purchases on the Site

 

2.1 In order to make purchases on the Site it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the server of the Seller.

 

2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site. 

 

2.3 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

 

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

 

2.5 In order to place orders on the Site it In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by checking the relevant box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site..

 

2.6 On the Site: (i) you are given the opportunity to purchase alcoholic products. The Seller, on the Site or during the purchase process, reserves the right to make appropriate checks to ensure that the buyer is over 18 years of age. In fact, according to Italian law the purchase of alcoholic products is forbidden to subjects who have not reached 18 years of age; (ii) no adult products are sold; (iii) no food products are sold.

 

2.7 After the purchase on the Site You will receive an order confirmation email.

 

Art. 3 Availability of Products

 

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

 

3.2 On the Site information on Product availability is available.

 

3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. However, please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:

  • If a restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance of the user.

  • In the event that a reassortment is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.

.

 

 

3.4 If a refund is requested for the amount paid for the purchase of Products which are subsequently found to be unavailable, the Seller shall make the refund within a maximum period of{rimborso} days. 

 

3.5 If you exercise your right to terminate the contract, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.

 

Art. 4 Prices

 

4.1 On this Site all prices include VAT.

 

4.2 Moreover, on the Site prices do not include the WEEE contribution as Products not subject to the relative discipline are sold.

 

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (upwards or downwards) following the transmission of the same.

 

4.4 Whether or not the shipping costs of the Products are free of charge is indicated from time to time (in the purchase process, in the product sheet or in any case on the Site itself).

 

4.5 The Seller will only dispatch the Products once it has received confirmation of authorisation for payment or credit of the Total Amount Due. Title to the Products will pass to you on dispatch, which will be deemed to be the time when the Product is handed over to the carrier. The risk of loss of or damage to the Products due to causes not attributable to the Seller shall pass to you when you or a third party appointed by you other than the carrier takes physical possession of the Products.

 

4.6 The purchase contract shall be terminated if you fail to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

 

Article 5 Methods of payment

 

5.1 This article describes the payment methods available on the Site.

 

5.2 Except in specific cases that may be indicated on the Site, you may not make purchases on the Site using payment cards. {carte-di-pagamento.carte-di-credito-footer}

 

5.3 On the Site it is not possible to pay by bank transfer.

 

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

 

5.5 On the Site you cannot complete your purchase by entering discount codes, coupons or vouchers.

 

5.6 Any alternative methods other than the above are or will be described in this article.

  • On the Site you can make purchases through the payment solution PayPal. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.

 

 

Art. 6 Delivery of Products

 

6.1 The delivery of the Products is carried out in: Italy.

 

6.2 The delivery obligation is fulfilled by the transfer to you of the material availability or control of the Product.

 

6.3 Delivery time of the Products from the sending of the order:{tempo-di-consegna} days.

 

6.4 The term indicated in art. 6.3 is to be intended as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within the term of 30 days from the sending of the order. It is up to you to check the condition of the Product delivered. Being understood that the risk of loss or damage of the Product, for causes not attributable to the Seller is transferred when you, or a third party appointed by you and different from the carrier, materially comes into possession of the Product, the Seller recommends you to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package presents obvious signs of tampering or alteration, it is appropriate to give prompt notice to the Seller. 

 

6.5 With reference to the possibility of requesting delivery of the Products at a "collection point", the Seller informs you thatThe Site does not offer you the option of collecting the Product from a "pick-up point" other than the address you provided during the purchase process. You are nevertheless invited to access the Site regularly to check whether this delivery option is subsequently made available on the Site.

 

Art. 7 Right of withdrawal

 

7.1 We invite the user to read with particular attention to this article, which governs the right of withdrawal.

 

7.2 The right of withdrawal is the right of the Consumer to terminate the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Possible exceptions to the right of withdrawal are set out in this article 7. If there are no exceptions to the right of withdrawal, this article 7 is fully applicable.

  • Sealed goods are sold on the Site that are not suitable for return for reasons of hygiene or health protection. If these goods have been opened after delivery, you lose your right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

 

 

7.3 If you are a Consumer (and if no exceptions apply) you have the right to cancel the contract for the purchase of the Product without giving any reason and without incurring costs other than those provided for in this article within a period of fourteen calendar days (Cooling-Off Period). To exercise your right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Foreword, or use the contact form on the Site. You have exercised your right of withdrawal within the Withdrawal Period if notice of the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as the responsibility for the transportation of the same. In case of exercising the right of withdrawal, the Product must be delivered at the Seller's premises, or at the different address communicated by the Seller. The Withdrawal Period expires after 14 days:

 

  • in the case of an order for a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

  • in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and nominated by you takes physical possession of the last Product; or

  • in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and nominated by you, takes physical possession of the last lot or piece.

 

7.4 If the withdrawal is applicable, the Seller shall proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier of the Consumer's choice and at the Consumer's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that the Products have been returned, whichever is earlier. The Consumer is only responsible for the diminished value of the goods resulting from handling the Product in a manner different from that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all the accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt. Moreover, the withdrawal is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and operation of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to this decrease in value. The Seller will give notice of this circumstance and of the consequent decrease in the refund amount, providing, if the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. 

 

7.5 This Article regulates a very important issue concerning the costs of return in the event of withdrawal.

 

In light of the provisions above, the Seller believes it appropriate to point out that the costs of returning the Product will be at your expense and under your responsibility.

 

Art. 8 Legal Warranty of Conformity

 

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.

 

8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years from said delivery. The action for claiming defects not fraudulently concealed by the Seller is prescribed, in any case, in the term of twenty-six months from delivery of the goods.

 

8.3 Unless there is proof to the contrary, it shall be assumed that the lack of conformity that becomes apparent within twelve months from the delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following the delivery of the Product, it shall instead be the burden of the Consumer to prove that the lack of conformity already existed at the time of the delivery of the same.

 

8.4 In case of lack of conformity of the good, the consumer has the right to the restoration of conformity, or to receive a proportional reduction in price, or termination of the contract on the basis of conditions established by Art. 135-bis and following of the Consumer Code.

 

8.5 The Seller shall not be liable for damages, of any nature whatsoever, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.

 

8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case the legal guarantee is governed by Art. 1490 et seq. of the Civil Code; namely, eventual defects shall be communicated until 8 days from the discovery and the legal action is expired after 1 year from the delivery. 

 

Art. 9 Manufacturer's Warranty

 

The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity eventually provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not assisted by the Manufacturer's Warranty. You may in any case assert your rights under the Legal Warranty of Conformity governed by the preceding article.

 

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

 

10.1 The purchase contracts concluded through the Site are governed by Italian law.

 

10.2 The application of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence to consumers who do not have their habitual residence in Italy is not affected.

 

10.3 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the competent court is the place where the user resides or has elected domicile. 

 

10.4 In case of professional user, for any dispute relating to the application, execution and interpretation of this document is instead competent the Court where the Seller is located in accordance with what is provided in the Introduction.

 

10.5 The Seller informs the user who has the status of Consumer that, in the event that he has made a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the extra-judicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Sales Conditions (ADR bodies), specifying whether or not he intends to make use of such bodies to resolve the dispute itself.

 

10.6 The Seller also informs the user who is a Consumer that a European platform for the online resolution of consumer disputes has been set up (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate a procedure for the online resolution of the dispute in which he/she is involved.

 

10.7 In any case, the right of the consumer user to refer the dispute arising from these General Conditions of Sale to the competent ordinary judge, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, is not affected.

The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions of Sale, the European procedure established for small claims, by Regulation (EC) No 861/2007 of the Council, 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.

 

Art. 11 Customer Service

 

11.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form eventually present on the Site.

 

11.2 The Seller shall respond in an approximate time of {customer-care} days.

 

Art. 12 Miscellaneous

 

12.1 This document fully governs the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are not affected.

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