General terms of sale
Foreword
These General Terms and Conditions of Sale regulate the on-line purchase by persons resident in Italy through the store.listonegiordano.com site (hereinafter, for brevity, the "Site") owned by Margaritelli S.p.A.
1. Value and effectiveness of the General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") govern the relationship, offer and sale of the Products between the user of the Site (hereinafter referred to as the "Customer" or "Customers") and Margaritelli S.p.A., with registered office in Torgiano (PG), Miralduolo, cap. soc. 2.000.000 €, c.f., VAT and registration number in the register of companies of Perugia 02981200542 (hereinafter "MARGARITELLI"). By completing the order online on the Website and sending the relevant Confirmation, the Customer declares that he has taken full knowledge of the General Conditions of Sale indicated in this document and all the information provided during the purchase procedure, to accept them individually and as a whole and to be obliged to observe them. It is the Customer’s burden and care to print and store or otherwise to store these General Conditions and modules reproduced the characteristics of the purchase made. Margaritelli S.p.A. reserves the right to modify these general conditions of sale at any time by publishing a new version.
1.2 The on-line purchase through the Site takes place based on these General Conditions and is only allowed to Customers resident in Italy. The General Conditions apply to purchases made by Italy for Products to be delivered in the Italian territory. For the purposes of these General Conditions, the Customer means only the final consumer, that is a natural and/or legal person who purchases the Products for his own consumption and therefore for purposes not instrumental to the business or professional activity possibly carried out.
1.3 MARGARITELLI does not undertake to verify the above mentioned requirements with regard to the residence of the Customer and the fact that he is a direct consumer, having no obligation to possess instruments for the recognition and verification: the Customer, once qualified on the Site for consumer and resident in Italy, therefore assumes any responsibility that may result from the violation of the requirements referred to in paragraph 1.2 above
2. Products
2.1 Margaritelli reserves the right at any time to vary the type and the Products offered on the Site, also in relation to availability. Margaritelli does not guarantee that the Products presented on the Site are available or that they are available within the timeframe provided for delivery, as this depends on the commercial policies of the Manufacturer and the stocks actually in stock; Margaritelli then offers its products for sale within the limits of stock available at the time of receipt of the relevant purchase order. Margaritelli assumes no liability of any kind for the case of unavailability of Products that, although present on the Site, were not materially available.
2.2 The Products offered for sale on the Site are those described in the relevant information sheets. The characteristics of the Products, for such meaning volume, dimensions and weight and the performances indicated in the Information Sheets, cannot have absolute character but only highly indicative, being affected by the production processes.
3. Prices
3.1 The prices of the Products are expressed on the Site in €. (Euro) and are inclusive of all applicable taxes (the "Prices"). Any delivery charges are excluded.
3.2 Margaritelli constantly checks that all the Prices are correct. However, this cannot guarantee the absolute absence of any errors. In the event that an error is found in a Price, Margaritelli will put the Customer in a position to reconfirm the purchase of the Products at the correct Price or to delete it.
4. Purchasing methods
4.1 The essential characteristics of the Products and the Prices are listed in the offer for each single Product on the Website.
4.2 The sale is governed by the terms and conditions set forth in this document. It is specific responsibility of the Customer to take prior notice of the fact that, as indicated in the purchase procedure on the Website, the completion of the order and its sending constitute recognition and irrevocable acceptance of these General Conditions of Sale and confirmation of the will to purchase pursuant to them. To proceed with the purchase of the Products, the Customer must follow the instructions on the Site where it is clearly indicated the prior obligation to read and accept the terms of the contribution for any delivery costs, of these General Conditions (inclusive of the conditions for exercising the right of withdrawal) and the privacy policy referred to in Article 15, before proceeding with the selection of the type of payment desired and before confirming the purchase order. The Contract is understood to be concluded at the time of acceptance, even tacit, of the order by Margaritelli and always without prejudice to the good purpose of the payment. The tacit acceptance of the order by Margaritelli is realized with the entrustment to the courier of the products sold.
4.3 The steps for placing the order and concluding the purchase contract are clearly highlighted in the sequence of pages of the Site through explanatory texts and graphics. It is appropriate to read the withdrawal information contained in this document.
5. Enrollment
5.1 Registration with "username" and "password" is mandatory. If the Customer does not wish to register, he cannot complete the purchase. The data requested in this circumstance will be processed as indicated in the following article 15.
6. Conclusion of contract
6.1 The Contract between the Customer and Margaritelli shall be deemed to have been concluded at the time when the order confirmation sent by the Customer is received at the email address indicated by the Customer, provided that (i) the purchase procedure on the Site has been respected, that (ii) Margaritelli has received appropriate debit authorizations in accordance with the methods chosen by the Customer for payment and that (iii) the availability of the Product has been confirmed by the company. Margaritelli is not liable for malfunctioning of the data transmission network attributable to the operator.
6.2 By sending the order to Margaritelli, the Customer acknowledges and declares to have read and accepted in full the terms of the contribution for the delivery costs, the General Conditions, the privacy policy referred to in Article 15 and the conditions for exercising the right of withdrawal.
6.3 The purchase order form will be stored in the database of the Site for the period of time necessary to fulfill orders; Margaritelli reserves the right to store the purchase order data for statistical purposes and to improve the services offered: the collection of data and their processing will be carried out according to the terms indicated in the privacy policy referred to in Article 15.
6.4 Margaritelli will send the Customer, by e-mail, a confirmation of receipt of the order sent, containing the directions to access online the summary of the General Conditions, the privacy policy and any special conditions applicable to the contract, including information about Margaritelli’s address and contact details to which complaints may be submitted, information on assistance services and existing commercial guarantees, the conditions of withdrawal, the methods of return or withdrawal of the goods in case of exercise of this right, the detailed indication of the Price, the method of payment chosen by the Customer, the delivery costs. The Customer must immediately verify the content of the communication and immediately report to Margaritelli any errors or omissions.
7. Methods of payment
7.1 Margaritelli accepts payment only through the following systems:
- Credit card (American Express, Visa or Mastercard) through the Paypal payment platform. The amount of the order will be charged only at the time of actual approval of the order.
- Paypal: online payment system that allows any company or consumer with an email address to send and receive payments, upon registration. Payment is made through the payment platform of Paypal.
8. Transportation and delivery
8.1 For safety reasons, the Products purchased on the Site will be delivered to the address indicated by the customer. No delivery to post office boxes.
8.2 For each order placed on the Site, Margaritelli issues invoice/receipt of the goods sent, sending it by e-mail to the holder of the order, in accordance with D.P.R. 445/2000 and D.L. 52/2004. For the issue of the invoice/receipt, the information provided by the Customer at the time of the order shall be fully and definitively authentic. No change in invoice will be possible after sending the order.
8.3 Any delivery costs are chargeable to the Customer and shall be clearly identified in the order form. They may vary depending on the shipping method chosen and the destination of the Products as indicated on the Website.
8.4 All purchases will be delivered by means of a courier (the "Courier") in the timing indicated on the Site, timing that are indicative and not mandatory. Orders will be processed and delivered from Monday to Friday, excluding holidays. Margaritelli is also not responsible for unforeseeable delays, except in cases of force majeure, the Products will be delivered within a maximum of 10 (ten) working days from the day following the day of receipt of the payment to Margaritelli.
8.5 At the time of delivery of the goods by the Courier, the Customer is required to check: (i) the number of packages delivered corresponds to the consignment note; (ii) that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials. Any damage to the packaging and/or the product or the mismatch of the number of packages or indications must be immediately contested, by placing a reservation of written control on the proof of delivery of the Courier. Once signed the document of the Courier, the customer will not be able to oppose any dispute about the external characteristics of what was delivered.
8.6 If Margaritelli is not able to deliver the ordered goods following the eventual unavailability, even temporary, of the Products, Margaritelli will promptly notify the Customer and in any case not later than 30 (thirty) days from the receipt of the order, by e-mail. The amount already paid by the Customer will be refunded as soon as possible and in any case no later than 30 (thirty) days after the crediting of the price paid by the Customer.
8.7 Margaritelli will send the Customer an electronic message confirming the shipment once the Products are shipped.
8.8 Margaritelli will provide the Customer, where possible, the shipping number, which will allow the tracking of the package on the website of the Courier.
9. Invoicing
9.1 The invoice/receipt will be issued for each order. The information provided by the Customer at the time of placing the order shall be deemed authentic for the issue of the invoice. No change in the invoice will be possible after the issue of the same. When ordering, it is necessary to indicate if the shipping address is different from the billing address.
10. Returns, cancellation of orders and right of withdrawal
10.1 Margaritelli intends to guarantee complete customer satisfaction. Margaritelli will therefore refund in full the cost of the Products that have been returned by the Customer not consumed, generally not used, nor damaged, provided that accompanied by the relevant invoice/ receipt. In particular, the right of withdrawal cannot be exercised in case of rupture of the seal on the cap, which ensures the closure of the bottle. Refunds will be made with the same payment method as for the purchase. The purchased goods can be returned within 14 (fourteen) days from the date of delivery. The Products purchased on the Site may not be refunded or returned to Listone Giordano stores or points of sale and in general, otherwise than indicated in this article. Delivery costs will be reimbursed together with the purchase costs of the products.
10.2 The costs of returning the Products are chargeable to the Customer as well as any other costs incurred by the Customer for the return itself.
10.3 Each delivery will contain instructions for any return of the Products. Margaritelli undertakes to promptly refund the Customer and in any case no later than 14 (fourteen) days from the date of receipt of the returned products. Margaritelli will send an electronic notification message once the refund has been made.
10.4 The Products must be returned using only the waybill and the courier indicated in the form attached to the delivery. Margaritelli will not be liable for those returned products which have been lost, stolen or damaged and will therefore not refund or compensate.
10.5 Pursuant to art. 54 of D. Lgs. no. 206/2005, the Customer has the right to withdraw from the contract without any penalty and without specifying the reason within the period of 14 (fourteen) days starting from the date of receipt of the Products, except as provided for in point 11.7 below.
10.6 To exercise the right of withdrawal, the Customer must send to the following address, Margaritelli S.p.A., ZI Miralduolo, 06089 Torgiano (PG), a written communication, with receipt of return, containing: the expression of willingness to exercise the right of withdrawal pursuant to art. 54 of the Legislative Decree of 6 September 2005, n. 206 (the "Consumer Code"), the indication of the Products for which the Customer wants to avail the right of withdrawal, the progressive order number issued at the time of purchase and the data relating to the methods of refund. The communication can always be sent within the period of 14 (fourteen) days also by e-mail to info@listonegiordano.com or fax to +390759889043.
11. Packages
11.1 The Products purchased on the Site are delivered in boxes as described in the files contained on the website.
12. Non-acceptance of an order
12.1 It is excluded any right of the customer to compensation or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/ or property caused by the non-acceptance of an order by Margaritelli.
13. Warranty
13.1 If the purchased product is found to have been damaged during transport, the Customer may request the replacement of the same within the mandatory deadline of 14 (fourteen) days from receipt by e-mail to info@listonegiordan.com. The Customer is also required to return the defective or damaged product in its original packaging intact in all its parts.
13.1 In case of replacement of the product, the shipping costs for the return are charged to Margaritelli. The latter will then replace the product with an identical or, in case of exhaustion of stocks and subject to agreement with the customer, with one of equivalent value.
14. Authenticity Guarantee and Product Warranty - Disclaimer
14.1 Margaritelli sells on-line the original products bearing the brand Listone Giordano, through the site and the platform of its property. Products, slogans, distinctive signs and any data or content on the site is and remains the exclusive property of Margaritelli. No page, data, image, or content present on the Site may be reproduced without prior and express written permission.
14.2 The Customer acknowledges that any claim and request for damage or compensation relating to the Products purchased, even if sent through the Site, must be addressed to MARGARITELLI S.P.A., which assumes full and exclusive responsibility for the Product, to the Services and to any other Article sold through the website and for e-commerce, for any request for damage arising from defects or anomalies of Products, Services and Articles, their composition, packaging, material, images, writings, from the packages and everything, in general, relating to the business of selling via e-commerce. In any case, the warranty on products sold through the website store.listonegiordano.com are subject to the typical warranty offered by the Manufacturer, MARGARITELLI S.P.A. If the warranty is not provided on the products, the Customer is invited to check the terms and conditions on the Site. In case Margaritelli cannot replace the product under warranty, it may return the price paid by the Customer within 30 days of the request for replacement, without prejudice to the Customer’s choice to ask, in substitution, products of equivalent value.
15. Privacy Policy
15.1 In accordance with Legislative Decree no. 196/2003 ("Personal Data Protection Code") and any changes to it, Margaritelli is the owner of the Customer’s personal data, the provision of which is optional but is necessary for the management of orders and supplies. For the purposes of managing supplies and related orders, the Customer’s personal data will be stored in the computer files of Margaritelli and processed in a manner strictly necessary for the stated purposes. At any time, the Customer may exercise the rights provided by art. 7 of Legislative Decree no. 7. 196/2003 (such as: know your personal data and how they are used, make them update, rectify, delete, request the blocking or oppose to the processing for legitimate reasons, know the list of Data Processors) by writing to the following e-mail address: info@listonegiordano.com.
15.2 In the presence of the Customer’s approval, the personal data of the same will be used to allow Margaritelli to carry out information activities about special news, offers of products or promotional initiatives, including by e-mail or sms.
16. Referral, interpretation, prevalence, law and forum
16.1 For what is not specifically provided for in these General Conditions, reference is made to the discipline contained in the Consumer Code, as amended from time to time, supplemented or replaced and, in the alternative, to that of the Civil Code.
16.2 The reference to a precise temporal term present in the General Conditions will be considered from time to time as replaced by that term of best guarantee for the Customer that the Consumer Code must in the future come to predict and must therefore be so interpreted, understood and read.
16.3 In case of conflict, the provisions of the Consumer Code shall prevail over those of the Civil Code and, except as provided in point 16.2, those of the General Conditions over those of the Consumer Code, as derogable.
16.4 Italian law shall apply.
16.5 For any dispute concerning the interpretation and execution of the provisions of these General Terms and Conditions of Sale, as well as for contractual and pre-contractual relationships and/ or termination, the withdrawal and whatever else took cause and origin from the relationship generated between Customer and Margaritelli through the Site is elected the exclusive competence of the Court of Perugia.
17. Communications, contacts
17.1 Unless otherwise specified in these General Conditions, communications should be made to info@listonegiordano.com. For further information and assistance on the Website or on how to purchase online Margaritelli offers the following contact addresses: Miralduolo 06089 Torgiano (PG), info@listonegiordano.com.