ACQUAROMASHOP CONDITIONS OF SALE
Terms and conditions of service
Terms and conditions of service
Foreword
This information is provided for the website www.acquaromashop.com ("Site") Acquaroma S.r.l.
Via Castellana, 33 | 31011 Asolo (TV)| Owner's email address: info@acquaroma.it
Article 1 - Scope of Application.
Any sale on the Site constitutes a distance contract governed by Chapter I°, Title
III° (art. 45 et seq.) of Legislative Decree September 6, 2005, n. 206 ("Consumer Code")
and Legislative Decree April 9, 2003, n. 70, containing the regulation of trade
electronic.
The General Terms and Conditions of Sale apply to all sales made by the Company on
Site. The terms indicated are to be understood as working days, thus excluding Saturdays,
Sundays and national holidays.
The General Terms and Conditions of Sale may be changed at any time. Any
changes and/or new terms will be in effect from the time they are posted on the
Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before
making any purchase.
The applicable General Terms and Conditions of Sale are those in effect on the date you send
your purchase order.
These General Terms and Conditions of Sale do not govern the sale of products and/or services
by parties other than the Company that may be present on the Site through
links, banners or other hypertext links. Before conducting business transactions with
such parties, it is necessary to check their terms and conditions of sale. The Company is not
responsible for the provision of services and/or sale of products by such parties.
On the websites that can be consulted through such links, the Company does not perform any control and/or
monitoring. Therefore, the Company is not responsible for the contents of such sites nor for
any errors and/or omissions and/or violations of law by them.
You are required to carefully read these General Terms and Conditions of Sale as well as all
other information that the Company provides on the Site.
Article 2 - Purchases on the Site
Purchases on the Site
can be made either by Registration to the Site or by express checkout;
is allowed both to users who hold the quality of consumers and to users who do not
hold this quality.
Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code it is recalled that hold the
quality of consumers the natural persons who, in relation to the purchase of products, act
for purposes unrelated to the entrepreneurial, commercial, professional or craft
possibly carried out.
In the case of orders, from whomever they come from, that are anomalous in relation to the quantity
and/or frequency of purchases, the Company reserves the right to take all actions
necessary to put an end to the irregularities.
The Company reserves the right to refuse or cancel orders that come:
from a user with whom the Company has an ongoing legal dispute;
from a user who has previously violated the General Terms and Conditions of Sale;
from a user who has issued false, incomplete or otherwise inaccurate identification data
or who has failed to send to the Company, in a timely manner, the documents requested by the Company
or who has sent it invalid documents;
from a user who has been involved in crimes.
Before purchasing any Food Product offered for sale on the Site, you are requested to
notify the Company if you have any type of food allergy, intolerance or
intolerance. If you do not make this communication, the Company is not in any
way responsible for any kind of damage that you may have suffered from the purchase of
Food Products on the Site.
Article 3 - Registration on the Site
To register to the Site You must fill out the appropriate form, entering the following data:
first name
last name
e-mail
password
You agree to inform the Company immediately if you suspect or come to
knowledge of any misuse or improper disclosure of your credentials to access the
Site.
The registered user of the Site warrants that the personal information provided by them is
complete and true and agrees to hold the Company harmless and indemnified from any
damages, compensatory obligation and/or sanction arising from and/or in any way related to
violation by the user of the rules on registration to the Site or the storage
of registration credentials and/or from the provision of false, incomplete or
however inaccurate personal data, without prejudice to the right of the Company to proceed to disable
the user's account.
Article 4 - Information directed to the conclusion of the contract.
In accordance with Legislative Decree 9 April 2003, No. 70 laying down provisions on
electronic commerce, the Company informs you that:
in order to conclude a purchase contract on the Site, you must complete an order form in
electronic format and transmit it to the Company, electronically, following the instructions that
will appear from time to time on the Site;
the contract is concluded when the order form reaches the Company's server;
once the order form has been received, the Company will send you at the e-mail address
indicated the confirmation of the order containing:
the information relating to the characteristics of the purchase;
the indication of the price;
an indication of the delivery costs.
Art. 5 - Availability of the Products
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.
Within the Site there is information regarding the availability of each Product.
You will be informed in the event that the Product ordered is unavailable. In this hypothesis You will have
title to terminate the purchase contract in accordance with and to the effects of the provisions of Article
61, IV and V paragraph, of the Consumer Code.
Alternatively, You may accept:
if a reassortment is possible, an extension of the delivery terms, offered by the
Company, with an indication of the new delivery term;
if a reassortment is not possible, the Company will provide a different product, of
equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to
express acceptance by you;
In the event you request a refund of the amount paid for the purchase of Products that later
turned out to be unavailable, the Company will make the refund within a maximum period of 10
days.
In the event that you avail yourself of the right of termination pursuant to Art. 61, IV and V paragraphs, Code
of Consumption, the contract shall be terminated; in the event that the payment of the total amount due,
consisting of the price of the Product, shipping costs, if applied, and any
additional cost, as resulting from the order (Total Amount Due) has already
taken place, the Company will make the refund of the Total Amount Due in accordance with what
provided in the article "Payment Method" below.
Article 6 - Information Sheet
Each product is accompanied by an information page illustrating its main
features (Information Sheet). The images and descriptions on
reproduce as faithfully as possible the characteristics of the Products. The colors of the
Products, however, may differ from the actual colors due to the settings of the
computer systems or computers you use to view them. The images of the
Product in the Information Sheet, moreover, may differ in size or in
relation to any ancillary products. Such images should therefore be understood as
indicative and within the tolerances of use. All information in the Product Data Sheets is
provided directly by the manufacturer.
Article 7 - Prices
All prices of the Products published on the Site are inclusive of Value Added Tax
.
The Company reserves the right to change the price of the Products, at any time, without
prior notice, it being understood that the price charged to you will be the one indicated on the Site at
at the time the order is placed and that no account will be taken of any variations (in
increase or decrease) subsequent to the transmission of the same.
Shipping costs, if any, are expressly and separately indicated in the
order form, before the user proceeds to the transmission of the same.
Art. 8 - Purchase Orders.
The Company will ship the Products only after receiving confirmation
of the payment authorization or upon crediting of the Total Amount Due. The
ownership of the Products will be transferred to you at the time of shipment, to be understood as the
time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the
Products, due to causes not attributable to the Company, will be transferred to you when you, or a
third party designated by you and other than the carrier, take physical possession of the Products.
The purchase contract is terminably conditioned upon your failure to pay the Total Amount
Due. Unless otherwise agreed to in writing with You, the order will
consequently be cancelled.
In order to submit a purchase order, you must read and agree to these
General Terms and Conditions. Failure to accept these
General Conditions of Sale will result in your inability to make purchases on the Site.
Article 9 - Methods of payment
The following payment methods are allowed on the Site:
Payment Card
PayPal
Bank Transfer
The Company accepts credit cards of the circuits:
VISA
MasterCard (Cirrus Maestro)
PostePay
American Express
CartaSì
They are, in any case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your
payment card used for payment have been verified and (ii) the issuer of the payment card to be used by
you has issued authorization for the charge.
Confidential payment card data (card number, cardholder, expiration date,
security code) are encrypted and transmitted directly to the payment processor without
transiting the servers the Company uses. The Company therefore never has access to and does not
store, even if you choose to store such data on the Site, the data of
your payment card used to pay for the Products.
You will be charged when your order is transmitted.
You can also make purchases on the Site using the PayPal payment solution.
If you choose PayPal as your means of payment, you will be redirected to the site
www.paypal.it where you will make the payment in accordance with the procedure provided for and governed by
PayPal and the terms and conditions agreed between you and PayPal. The data entered
on the PayPal site will be processed directly by it and will not be transmitted or
shared with the Company. Therefore, the latter is not able to know and does not store
in any way the data of the payment card linked to your PayPal account or the data of
any other payment instrument connected with that account.
In the case of payment through PayPal, the Total Amount Due will be charged to you by
PayPal at the same time as the contract is concluded through the Site. In case of termination
of the purchase contract and in any other case of reimbursement, for any reason, the amount of the
reimbursement due to You will be credited to the PayPal account of the same. The crediting time
on the payment instrument linked to such account depends solely on PayPal and
the banking system. Once the crediting order has been arranged in favor of such account, the
Company shall not be held liable for any delays or omissions
in crediting the refund amount, to dispute which you should contact PayPal directly
. Any type of refund to be made under these Terms and Conditions
of Sale will be credited to your PayPal account.
In the event that you choose bank transfer as the payment method, the Company, once
received your order, will notify you by email of the bank details and the deadline for
the making of the transfer. The email may contain the request to send by e-mail the
receipt of the transfer made or the confirmation of the making of the same.
In the case of payment by bank transfer, the delivery time of the Product indicated
in the Product Sheet and/or on the Site, will start from the date of receipt of the transfer by
of the Company and not from the date of transmission of the order, as is the case if you
choose other methods of payment.
Unless otherwise agreed, the Services will be rendered only after receipt by bank transfer
of the Total Amount Due.
You are requested to indicate in the reason for the transfer the following data:
the reference number of the order
the date the order was placed
the first and last name of the holder of the order, if different from the holder of the current
account from which the transfer originates.
From the sending of the order You must arrange the payment within 2 working days. In
default, the Company reserves the right to cancel the order within the next 5 working days.
Article 10 - Delivery of the Products
The delivery obligation is fulfilled by the transfer to You of the availability
material or otherwise control of the Product. There are no limitations on delivery,
except in the cases that may be indicated on the Site and/or in the Product Sheet.
Delivery charges are from time to time indicated on the Site and/or in the Product Schedule.
From the date you place your order, Products will be shipped within 48 hours (or on predetermined days
where specified depending on fresh produce production).
It is up to you to verify the condition of the delivered Product. Notwithstanding the fact that the risk of
loss or damage to the Product, due to causes not attributable to the Company is transferred
when you, or a third party designated by you and other than the carrier, materially comes into
possession of the Product, the Company recommends that you check the number of Products received and
that the packaging is intact, not damaged, nor wet or otherwise altered, including in the
closing 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 shows obvious signs of tampering or alteration, it is advisable to give prompt
notice to the Company. This is without prejudice, in any case, the 'application of the rules on
right of withdrawal (if any for the Product) and the legal guarantee of conformity.
Art. 10 - Right of withdrawal
In the event of a purchase on the Site, unless otherwise indicated or provided for by the legislation in
in force, you do not enjoy the right of withdrawal provided for in Article 52 of the Consumer Code with
reference to the product or products indicated in this article. In fact, on the Site are:
sold goods that by their nature are subject to perishability and / or alterability of their
characteristics and whose return can not be performed without affecting their integrity
and / or determine a deterioration in quality;
sold sealed goods that do not lend themselves to be returned for hygienic reasons or related to the
protection of health;
customized products and / or tailored to the customer.
sold goods that, after delivery, are by their nature inseparably mixed with
other goods.
Art. 11 - Limitation of liability
Except in cases of willful misconduct or gross negligence, the Company shall in no way be liable to
the customer for indirect or consequential damages that may result to the same
from the purchase of Products offered for sale on the Website.
The Company disclaims any liability relating to the condition of the products, as a result of
improper and/or poor storage of the same by the customer subsequent to
delivery.
Article 12 - Product quality and intellectual property rights.
The Company guarantees compliance with the quality standards of all Products offered for sale on the
Website exclusively up to the time of delivery at the place indicated by the
Customer.
The "Acquaroma" trademark, as well as the set of figurative and non-figurative trademarks and more in
general all other trademarks, illustrations, images and logos present on the Products on the relevant
packages and/or packaging, whether registered or not, are and remain
the exclusive property of the Company. The total or partial reproduction, modification,
tampering and use of said trademarks, illustrations, images and logos, for whatever reason
and in whatever medium, are absolutely prohibited.
Art. 11 - Customer service and complaints
You may request information, send communications, request assistance or submit
complaints by contacting the Company by the following means:
by e-mail, at the following address: info@acquaroma.it
The Company will respond to complaints submitted within 7 days of their receipt.
Article 14 - Disputes
These General Terms and Conditions of Sale are governed by Italian law and will be
interpreted in accordance with it, without prejudice to any different mandatory rule, more favorable
towards the customer, applicable in the country of the customer's habitual residence.
In the event of a dispute arising from the interpretation and/or application of these
General Terms and Conditions of Sale, the Court of
Treviso shall have exclusive and undisputable jurisdiction. If the domicile or residence of the customer is located in a different territory
from the Italian State, the customer may bring the case before the Court of Treviso
Alternatively, the client will be able to promote one of the out-of-court settlement procedures
of disputes provided for by the regulations in force. To this end, the customer may use the
online platform made available by the European Commission, which can be accessed
through the website http://ec.europa.eu/odr.
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Version 1.0 dated 1/03/2024