TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE
1.1 The website www.coldelvento.it is owned by Chiodi Roberta, with registered office in Via Malterreno 7, 35038 Torreglia (PD), Italy, VAT 03883560280 e N. ° REA PD- 344683; this site is dedicated, among other things, to the promotion and online sale of products marketed by Chiodi Roberta (hereinafter also “Seller”).
1.2 The sales contract is entered into between Chiodi Roberta is the adult consumer (later also “Customer”) and can be configured as a distance contract. It is governed by Italian law and, in particular, by legislative decree 21/02/2014 n. 21, in implementation of Directive 2011/83 / EU on consumer rights and has as its object the purchase and sale of movable goods.
1.3 These general terms and conditions of sale (hereinafter also only “General Conditions”) govern the sale of products marketed by Chiodi Roberta. All product purchase contracts concluded through the website www.coldelvento.it and according to the procedures indicated therein between the Seller and the Customer are governed by these General Conditions.
1.4 The sending of the order by the Customer is valid as full acceptance of the general conditions of sale published on the site at that time.
1.5 The Customer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity that may be exercised.
1.6 Today’s premises and these General Conditions must be considered an integral and substantial part of the contract.
1.7 Chiodi Roberta invites the Customer to carefully read these General Conditions, as well as to print them and save them on another durable medium accessible to him.
2) OBJECT OF THE CONTRACT
2.1 With this contract, respectively, Chiodi Roberta sells and the Customer buys remotely, via telematic tools, the tangible movable goods indicated and offered for sale on the website www.coldelvento.it.
2.2 The products referred to in the previous point are illustrated on the website www.coldelvento.it and described in the relative technical-information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in color, size and accessory products. All the support information for the purchase (descriptions, combinations, technical data sheet, etc.) are intended as simple generic information material.
2.3 The Customer is required to adopt methods that allow the best conservation of the purchased goods, also taking into account the indications referred to in the individual technical-information sheets. In particular, the wine offered for sale must be kept away from direct light and in any case at temperatures not lower than 5 and not higher than 24 degrees centigrade, in a suitable place (without excessive humidity or with mold or odors).
3) ENTRY AND CONCLUSION OF THE CONTRACT
3.1 The contract between Chiodi Roberta and the Customer enters into the Internet through the Customer’s access to the website www.coldelvento.it and is perfected by completing the following procedure, which can always be corrected, modified and / or canceled until the moment of sending. of the order: by accessing the site, the Customer, after registering for the purchase, must add the desired products to the cart, complete the various subsequent steps, observing the instructions, and electronically transmit to Chiodi Roberta the order with all the personal data and the chosen products. Moreover, before proceeding with the sending of the order, the Customer will be asked to identify and correct any errors that occurred during the compilation and to carefully read the general terms and conditions of sale. An order will be deemed sent when Chiodi Roberta will receive the order proposal electronically and the information relating to the order will have been preliminarily verified as correct.
3.2 The order sent by the Customer will be binding on Chiodi Roberta only if the entire order procedure has been completed regularly and correctly, and after being sent by Chiodi Roberta to the Customer for an e-mail confirming the order itself, an e-mail that will also highlight a summary of the conditions applicable to the contract, the price of the goods purchased, the chosen means of payment, transport costs, any taxes and applicable taxes, the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any inaccuracies to Chiodi Roberta.
3.3 By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure and to fully accept these General Conditions.
3.4 The Customer expressly declares to be of age.
3.5 Chiodi Roberta may not take charge and process an order if there are not sufficient guarantees of solvency of the payment, if the order is incomplete or incorrect, if the selected products are no longer available. In the above cases, the Customer will be informed by e-mail that the contract has not been executed and that Chiodi Roberta has not confirmed the purchase order, specifying the reasons.
3.6 It is understood that the Seller can be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason, of the Customer’s access credentials.
3.7 Chiodi Roberta reserves the right not to accept orders for a single bottle.
4) PAYMENT METHODS
4.1 Each payment by the Customer can only be made by one of the methods indicated on the website www.coldelvento.it. Advance bank transfer, credit or debit card, PayPal circuit.
4.2 For payments made by credit card, the actual amount of the order will be debited only when it is complete and the products ready for shipment. If the unavailability of a product is detected after registering the order and booking the upright on the card, Chiodi Roberta will take the necessary measures with the payment operator to reverse the transaction relating to the unavailable goods.
4.3 All orders, before being processed, are subject to checks of authenticity directly by the relative credit card issuing institutes, to protect the Customer. If, for any reason, the debit of the amount due is not possible, the sales process will be automatically canceled, the sale will be resolved and the Customer will be informed by e-mail.
4.4 The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided for by the payment circuits.
5.1 The sales prices shown on the website www.coldelvento.it are to be understood as inclusive of VAT and refer only to the products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation email.
6) AVAILABILITY OF PRODUCTS
6.1 The availability of the products refers to the moment in which the Customer consults the relative information sheets; this must however be considered purely indicative because, due to the possible simultaneous presence on the site of multiple users, the products could be sold to others before confirming the order. In any case, it cannot be attributed to Chiodi Roberta no responsibility in case of unavailability of one or more products.
6.2. In the case of unavailability, even temporary, of the requested products, Chiodi Roberta undertakes not to charge the corresponding price to the customer. If the order has been sent and the price has already been paid for items no longer available, Chiodi Roberta will refund the customer the full amount paid for these items.
6.3 Even after Chiodi Roberta has sent the order confirmation e-mail, there may be cases of partial or total unavailability of the selected goods. In this eventuality, the Customer will be promptly informed by e-mail and will be able to decide whether to accept the delivery of the only available products, obtaining a refund for those unavailable, whether to accept a supply other than that agreed for the same value or whether to request the cancellation of the order, with consequent reimbursement of any amounts already paid.
7) DELIVERY METHODS
7.1 Chiodi Roberta will deliver the products purchased by carrier to the address indicated by the Customer at the time of the order, as confirmed in the summary e-mail referred to in point 3.2.
7.2 Chiodi Roberta undertakes to deliver the products as quickly as possible and in any case within 7 working days (excluding Saturdays and Sundays) from the order fulfillment. Upon delivery, the customer must carefully check the contents, specifying any anomalies found in the delivery form.
7.3 The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Customer, for damages that may have occurred to the products after delivery to the carrier, where the latter has been chosen and commissioned by the Customer, or for delays in delivery attributable to the carrier itself.
7.4 Upon delivery of the goods by the carrier, the Customer is required to check that the number of packages actually delivered corresponds to that indicated in the order and in the transport document, and that the packaging is intact, not damaged or otherwise altered. If the Customer finds any obvious damage to the packaging and/or the products contained therein or the mismatch in the number of packages, he must immediately contest them, placing a written reservation of control (specifying the reason for the reserve, for example “laundry packaging”, “Crushed packaging”, etc.) on the proof of delivery of the carrier and promptly inform the Seller. Once the delivery note has been signed, the Customer cannot make any objection regarding the external characteristics of what is delivered.
8.1 Chiodi Roberta assumes no responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and/or disservices of the Internet, if it is unable to execute the order within the time specified in the contract.
8.2 Chiodi Roberta will also not be liable for damages, losses and costs suffered by the Customer following the failure to execute the contract for reasons not attributable to the Seller.
8.3 Chiodi Roberta assumes no responsibility for any fraudulent and/or illegal use that may be made by the customer or third parties of credit cards and/or other means of payment, upon payment of the purchased products, if you demonstrate that you have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9) RIGHT OF WITHDRAWAL
9.1 The customer has the right to withdraw from the contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods purchased by the Customer in a single order and delivered separately, the term starts from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last product.
9.2 To exercise the right of withdrawal, the customer is required to Chiodi Roberta of his decision to withdraw from the contract by means of an explicit declaration (for example communication sent by e-mail at email@example.com).
9.3 If the customer withdraws from the contract, all payments made to Chiodi Roberta will be reimbursed, excluding delivery costs, within 14 days from the date on which Chiodi Roberta has been informed of the withdrawal. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless he has expressly agreed otherwise.
9.4 Chiodi Roberta reserves the faculty to suspend the refund until the goods subject to withdrawal have been returned.
9.5 In the event of exercising the right of withdrawal after having already received the goods, the Customer is required to return the goods or deliver them to Chiodi Roberta, Via Rinaldo Rinaldi 11, 35121 Padova, PD (Italy), without undue delay and in any case within 14 days from the day on which you communicated your withdrawal from the contract. The direct costs of returning the goods will be borne by the customer.
9.6 The Customer is responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that strictly necessary to establish their nature and characteristics.
9.7 It is understood that the right of withdrawal is excluded in relation to the supply of made-to-measure or clearly personalized goods, goods that are liable to deteriorate or expire rapidly, sealed goods that do not lend themselves to be returned for hygiene reasons or related to health protection and which were opened after delivery.
10.1 Chiodi Roberta markets high quality products. In any case, the legal guarantee of conformity for the goods within the limits of 24 months from purchase is provided for the protection of the Customer. Therefore, in case of receipt of products not compliant with the sales contract, the Customer forfeits all rights if he does not report the lack of conformity to the seller within 2 months from the date on which the lack of conformity was discovered.
10.2 In the event of a lack of conformity, the Customer may request, alternatively and without charge, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of the contract, unless the request is objectively impossible to satisfy or results for Chiodi Robertaexcessively expensive.
10.3 The request must be sent via email at firstname.lastname@example.org . Chiodi Roberta will indicate its willingness to process the application or the reasons that prevent it from doing so. In the same communication, where the customer’s request has been accepted, Chiodi Roberta will indicate the methods and deadline for shipping or returning the goods deemed non-compliant.
11) CUSTOMER OBLIGATIONS
11.1 The Customer undertakes to pay the price of the goods purchased in the times and ways indicated in these General Conditions.
11.2 After completing the online purchase procedure, the Customer undertakes to print and keep these General Conditions, which have already been expressly accepted by sending the order.
11.3 The Customer is solely responsible for the correctness of the data entered in the registration and purchase procedure and undertakes not to enter false and/or invented and/or invented data.
11.4 The Customer keeps AZ up and down. Chiodi Roberta from any liability arising from the issue of incorrect tax documents due to incorrect data provided by the same.
12) PRIVACY AND INFORMATION PURSUANT TO EU REGULATION 2016/679 (C.D. “GDPR”)
The customer is informed, pursuant to art. 13 of EU Regulation 2016/679, which Chiodi Roberta will process the data provided in compliance with the legislation on the protection of the processing of personal data. The provision of data is necessary and therefore any refusal to provide them makes it impossible to perform the online purchase service. The personal data provided are collected electronically and processed, also with the aid of electronic means, directly and/or through delegated third parties (company for home delivery, for posting, etc.) and can be used, with explicit Customer consent, for the purposes functional to the activities listed below: execution of the service and management of the purchase order of the products; statistical processing, sending of advertising material, including by e-mail. The provision of data for the aforementioned purposes is optional: any refusal by the Customer will make it impossible for Chiodi Roberta to follow up on the related activities.
13.1 These General Conditions are made up of all the clauses that make them up.
13.2 If one or more provisions of these General Conditions are considered or declared invalid pursuant to the law or following a decision by the judicial authority, the other provisions will continue to have full force and effect.
14) APPLICABLE LAW AND COMPETENT COURT
14.1 All contractual relations between the parties and these General Conditions are governed by Italian law.
14.2 For any and all disputes that may arise in relation to the application, interpretation and execution of the contract and/or these General Conditions, the mandatory territorial jurisdiction is of the Judge of the place of residence or domicile of the Customer-consumer, if located in the State territory, and in the alternative of the Padova exclusive forum.
15) FINAL CLAUSE
15.1 These General Conditions were last updated on 01/09/2021 and repeal and replace any agreement, clause, understanding, negotiation that took place previously between the parties and concerning their subject matter.
15.2 Chiodi Roberta reserves the right to unilaterally and at any time modify these General Conditions, effectively from their publication or from their updating on the website www.coldelvento.it. They apply to all commercial transactions in which the order has been finalized after their adoption or after their update.