TERMS AND CONDITIONS - GENERAL SALES CONTRACT CONDITIONS
An "Online Sales Agreement" is a n agreement between a Purchaser and Licuoritaly.com wherein the transaction takes place via internet. The online sales agreement sets out the terms and conditions in which the purchaser is purchasing the goods online. A “Purchaser” is a natural person making the purchase on the internet . A “Supplier” is a person or entity that sells goods included in the hereby contract.
By submitting an online order (by sending a purchase order confirmation online), the Purchaser implicitly agrees and declares to respect the relation with the Supplier with all the general statements and the payment conditions hereby explained; declaring also to have read and accepted all notification provided during the purchase procedure of the agreement, knowing that the agreement shall not be concluded and valid between the Parties in default of the provisions of the previous clause unless previous written agreement.
All the present General Sales Conditions have to be esteemed by visitors and Purchaser before any purchase. By confirming your purchase, the general sales conditions will be implicitly considered known and accepted.
Once the online purchase procedure is concluded, the Purchaser will have to print out and store the general sales condition already read and accepted during the purchase, this to fully respect the clauses 3 and 4 of the legislative decree no. 185/1999.
DATA PROTECTION AND PROCESSING OF PERSONAL DATA:
Required Personal data acquired by Licuor Italy DI GIANNI RICCARDO are gathered and processed manually or electronically according to the processing procedures for the purpose of registering the order and activating, in relation to the customer, the procedure for execution of this online sales agreement and the relative necessary notifications. All data will not be given to third parties and will be processed in compliance with the data protection regulations laid down by the Law Decree dated 30th June 2003, no.196.
Licuor Italy DI GIANNI RICCARDO in via Pietro Nenni,13 – Pescara is the Data controller as long as there will not be elected a data processor according to the rights laid down by Article 29 of Law Decree no.196/2003. The Purchaser can, in any moment, cancel the consensus to process his personal data by written communication to be sent at Licuor Italy DI GIANNI RICCARDO. The Purchaser, that declares to have received and read the informative report under article 13 and about what concern his right laid down by Article 7 of Law Decree no. 196/2003, has rights to access his data according to the procedures therein provided. Marketing communications will be sent after Purchaser's consensus only, released together with the personal data agreement process sent at the moment of the registration.
2) IDENTIFICATION AND OBLIGATIONS OF BOTH PARTIES
Supplier: all goods subjected to this sales general conditions are offered for sale by Licuor Italy DI GIANNI RICCARDO based in Via Pietro Nenni, 13 – Pescara, registered by the Chamber of Commerce of Cuneo no. 05744670968 of the business register, tax code no. 05744670968 , VAT no. 05744670968 ( io lascerei l’italiano con /e traduzione in alcuni casi: Camera di Commercio di Cuneo no. 05744670968 by Registro delle Imprese, codice fiscale/tax code no. 05744670968, partita IVA/VAT no. 05744670968). Purchaser: natural person undertaking the purchase.
3) CONCLUSION AND VALIDITY OF THE AGREEMENT
The Agreement is concluded through the precise completion of the request form and the express consent to purchase indicated through the online procedure, that is, by any means of the completion of the annexed online form to conclude the purchase and submit the form, always after viewing the order summary webpage provided, containing the details of the purchaser and the order, the price of the product purchased, the delivery cost and any other applicable accessory costs, the procedure and terms of payment, the delivery address of the goods, a copy of this agreement and an indication of the right of rescission. When the company receives the order from the Purchaser it sends a printable confirmation email with a summary of the order and all details indicated in the previous clause. The agreement between parties, shall only be considered concluded with the order execution and the relative tax receipt emission; the supplier will always have the possibility to reject the order, before the above-mentioned time. Licuor Italy DI GIANNI RICCARDO will issue any Tax receipt or invoice and will deliver them, solely to the Purchaser, by email. For Non-EU delivery the invoice will be sent, in the expedition's folder, together with the product. Sales agreement and a summary containing the details of the purchase will be edited in Italian, English and German. For any dissimilarity, the Italian version will prevail.
4) PAYMENT METHOD AND REFUND
The Supplier accepts payments by the majority of Credit Cards (Mastercard, Visa, American Express) and by PayPal . It is also accepted a payment via bank transfer and C.O.D. The C.O.D. payment, must be done, only in cash, at the delivery of the products, for orders delivered in Italy only (a fee of 6 € per order will be charged ) . The bank transfer payment is processed at the actual time of the payment’s receipt . Credit Card’s data are handled by Banca Sella or any other bank specialized on online payments; PayPal data are handled directly by PayPal . Every information is protected by a specialized encryption systems that prevent any use by third parties, sending data directly to the bank . The Supplier reserves, in case of any issues, the right to request a control of authenticity of your card to the bank or PayPal. Any refund to the Purchaser , if entitled, will be returned by credit card , PayPal or bank transfer, within 30 days from the date the Supplier acknowledge the cause that generates the refund’s right.
5) TIMING AND METHOD OF DELIVERY
The Supplier will deliver via UPS or, if needed, via other services. Timing may vary a maximum of 5 working days from the day the order is set, within those days a receipt or an invoice will be issued to confirm the acceptance and the handling of the order. A prompt email notice will be sent to the buyer in case it will not be possible to ship the goods within the aforementioned period and a new deadline will be assigned. Delivery date may vary according to the destination country or any other cause not directly imputable on the Supplier’s will.
6) SHIPPING AND DELIVERY
Goods will arrive directly to the indicated delivery place with the DDP (Delivery Duty Paid) formula, no additional fees will be charged. For non-EU Purchasers, and before purchasing, please check the rules for importing food on the destination country.
All sale prices displayed in this website constitute an offer to the public in terms of the provisions of Article 1336 of the Civil Code. The sale prices are VAT and any other taxes inclusive . Delivery costs will be indicated and calculated in the purchase procedure before submission of the order by the Purchaser, they will also be indicated in the summary web page of your order . The Company may change the products sale prices, delivery costs and any accessory costs at any time without warning. However, any order received before the change in price shall be charged at the value of the previous price.
8) PRODUCT AVAILABILITY
The Supplier ensures, through the electronic system used, the processing and issue of the order without any delay. If an order exceeds the total or partial availability of the product after submission of the order by the Purchaser, the Supplier, will send a prompt notice by e -mail , to inform the Purchaser about delay delivery times, asking once more to confirm the order or not. The electronic system will then send, for the new processing, a confirmation email in the shortest time. The new confirmation email will have no legal obligation, since it is just a simple summary of the order.
9) LIMITATIONS OF RESPONSIBILITY
the Supplier shall not be held responsible for inefficiencies due to force majeure that will prevent to process the order within the time-frames laid down by the agreement. The Supplier shall, except in the case of wilful misconduct and gross negligence, not be held responsible against the Purchaser for any disruptions or malfunction of the net not related to the supplier or sub-suppliers. The Supplier shall not be responsible for damages, losses and costs incurred by the purchaser following the non-conclusion of the agreement for reasons for which it is not responsible; the Purchaser shall only be entitled to a full refund of the purchase price paid and any accessory costs incurred. The Supplier assumes no responsibility, upon payment of the product purchased, for any fraudulent or illegal use of the credit card by third parties, if he proves he took all possible precautions, adopted on the basis of the usual known skill, experience and due diligence.
10) WARRANTY AND ASSISTANCE
11) OBLIGATIONS OF THE PURCHASER
The Purchaser agrees to pay the price of the product purchased and any accessory cost, such as delivery costs, within the time and the manner indicated in the Online Sales Agreement. The Purchaser agrees, to print and/or keep these general terms which, he/she would have already read and accepted as a compulsory part of the purchase process.
12) ARCHIVING PROCEDURE
In terms of Art . 12 of Law Decree No. 70/03 , the Provider shall inform the Purchaser that every order submitted is saved in digital format on the Company’s server in accordance with confidentiality and security standards.
13 ) COMMUNICATIONS AND COMPLAINTS
14) APPLICABLE LAW AND JURISDICTION
This Agreement will be governed by Italian Law. Any dispute arising out of this Contract shall be referred to and resolved in accordance with the laws of Italy and subject to the exclusive jurisdiction of the Cuneo Court.
15) DURATION AND VALIDITY OF TERMS AND CONDITIONS
By confirming the order, the Purchaser, automatically accepts these terms and conditions. Terms and conditions may be updated or changed. The change will be effective for orders not yet entered and for orders purchased at the moment of the change that still have not seen and printed the updated document.
16) RIGHT OF RESCISSION
To return the good the Purchaser will respond of shipping costs and be liable in case of loss or damage to the product during transport, if he choose a shipping method different from the one indicated by the Supplier.The right of rescission , together with the aforementioned conditions, has to respect the following statements: The rescission form or other equivalent statement must be properly filled out and sent to the Supplier within 8 days from the date the good has been received by the Purchaser Products must be returned in their original packaging
The products must be delivered to the courier within 7 days starting from the date the Purchaser has notified to the seller his decision to rescind the contract
Products must not be damaged. The Purchaser is responsible for any damage or decrease of the value of the products returned, resulted outside any standard Purchaser’s authorized use, made to establish nature, characteristics and functioning of the product.
If all criteria are properly followed the Supplier will provide to refund the payment within 14 days from the date on which the Supplier receive the rescission form. The Supplier will use the same payment method used by the Purchaser to purchase the product returned , unless different agreement between parties. If the right of rescission will not be followed and respected the Purchaser will not be entitled of any refund.