General conditions for online sales Giulia Tombi - www.aromaandfabula.it
1. Subject of the online agreement
- The “Supplier”: Giulia Tombi, headquartered in Italy, Rome, Via dei Guinigi 84 - CF: TMBGLI88T46H501U. and VAT number 15404851006, provides all users the chance to buy her products via the Internet, through the website aromaandfabula.it, of which she is the sole and exclusive owner. – The “Customer”: the person who buys the products offered for sale online by the Supplier as a consumer (a natural person acting for purposes unrelated to his trade, business or profession - art. 3 del Codice Consumo – Legislative Decree 206/05) or for purposes related to his commercial, entrepreneurial or professional activity. - “Sales conditions”: these Sales Conditions are applied by the Supplier only in its dealings with the Customer who purchases online. In the event of any variations of the Conditions, those published at the time of the dispatch of the order by the Customer shall apply to the purchase order. The Customer is required to carefully read these Conditions, which were made available to him on aromaandfabula.it, in order to allow storage and reproduction. The Sales Conditions are subject to the Italian legislation in force applicable to sales and, where applicable, to the Codice del Consumo (Legislative Decree n. 206/2005 and subsequent amendments), section II, Contratti a distanza (art. 50 – 67) and the rules on online commerce (Legislative Decree n. 70/2003).
2. Placing an Order
2.1 The products and their prices displayed on the aromaandfabula.it website constitute an offer to the public, in accordance with the terms and conditions specified in these Sales Conditions and on the website itself. The conditions of this offer are exclusively applicable to purchases made on the site. The purchase contracts stipulated on the site are concluded with Giulia Tombi. (the Supplier). 2.2 It is possible to place an order by filling in the relevant order form, available on aromaandfabula.it, upon registration and the creation of a personal account. By sending the order, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to accept the General Sales Conditions in full. 2.3 The ordering process is concluded upon receipt of the order by the Supplier. When this occurs, the Supplier will acknowledge receipt of the order by sending an order confirmation notice to the e-mail address provided by the Customer. This confirmation summarizes the articles chosen, their prices (including delivery costs), the shipping address, the order number and any other terms applicable to the order. The Customer undertakes to verify the accuracy of the data and to promptly notify the Supplier for any corrections. Possible additional costs caused by errors in the data not reported promptly, will be borne by the customer. 2.4 The Supplier issues an invoice/receipt of the purchased products, sending it by e-mail to the Customer. For the issuance of the invoice, the information provided by the Customer is authoritative. After the invoice has been issued, it won’t be possible to make any change in the data. 2.5 It is possible that there may be an occasional total or partial unavailability of the products offered for sale. In this case, the Supplier will promptly inform the Customer thereof.
3. Sale prices
The prices of the products on sale are shown in Euro, and include tax charges. The price shown on the website when the order is placed will be applied to the products.
4. Payment methods
4.1 Payment must be made online, via credit card or PayPal. 4.2 When the order confirmation is notified, the total amount due for the purchased products will be charged to the Customer, who authorises the Supplier to transfer to his account the total amount of the purchase carried out on-line. 4.3 The Supplier is not liable for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the products purchased. The Supplier, in fact, at no time during the purchase procedure can be informed of the details of the Customer's credit card, which will be sent directly to the bank that manages the service; likewise, the Supplier cannot verify the correct and lawful origin of the credit instrument used by the Customer.
5. Shipping modalities
5.1 The Supplier guarantees the shipment of products purchased both in Italy and abroad. 5.2 When the order is placed, the estimated delivery date will be provided (in any case within a maximum of 30 days from the conclusion of the contract). The Supplier, however, is not liable for disruptions due to circumstances beyond his control such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute the delivery within the agreed time. 5.3 The shipment company entrusted by the Supplier will make two attempts to deliver the products to the address indicated by the Customer. In the event that such attempts are not successful, the products will remain in storage at the warehouse of the shipper for 5 (five) working days at the Customer's disposal. In case the Customer is unable to collect the products within the above specified time limit, the order will be automatically cancelled and the products returned to the upplier. In this case the transport costs will not be reimbursed to the Customer. 5.4 Delivery costs are charged to the customer and adequately highlighted in the order. 5.5 Unless otherwise expressly requested by the Customer, the Supplier reserves the right to process the order even through partial deliveries. 5.6 Upon delivery of the products, the customer is required to check that the packaging is intact, not damaged, not wet or otherwise altered, even in the sealing materials. In the event of obvious damage to the packaging and / or the product, the customer may refuse delivery and in this case the products will be returned to the Supplier at no cost to the customer. Once the delivery document has been signed, the Customer will not be able to make any objection regarding the external appearance of the products delivered.
6.1 The Supplier ensures that the products sold have no defects that make them unsuitable for the use for which they are intended or diminish their value in an appreciable manner. All products offered for sale by the Supplier are guaranteed by law. 6.2 If, within two years from the delivery of the goods, a lack of conformity of the same becomes apparent, the consumer Customer (as stated in art. 3 of the Codice Consumo – Legislative Decree 206/05) can rely on the legal guarantee by reporting the defect within a period of 2 months from the date on which the defect was discovered. The Customer must prove and clarify the moment in which he discovered the defect. With the complaint, the Customer may request as an alternative to the Supplier: - the restoration of conformity of the goods through its replacement; - an appropriate reduction in price or termination of the contract if the replacement is impossible or excessively expensive. Beyond a period of two years from the date of delivery of the product, the Supplier shall not be liable for any lack of conformity found by the consumer Customer. In any case, please refer to articles 128 et seq. of the Codice Consumo for the legal warranty. 6.3 The non-consumer Customer (as defined in art. 3 of the Codice Consumo – Legislative Decree 206/05) has the right to benefit from the legal guarantee provided for in the Italian Civil Code, forfeiting the right to the guarantee if he does not report the defects to the Supplier within eight days of discovery. The Customer must prove and clarify the moment in which he discovered the defect. The legal guarantee for non-consumer customers remains in force for a maximum period of 12 months from the delivery of the product. Beyond this period, the Supplier shall not be held liable for any lack of conformity found by the customer. 6.4 However, the complaint must be written and addressed to the Supplier, with a detailed description of the nature and extent of the alleged defect and/or fault, the product identification label and a copy of the transport document or invoice. Communication without the above-mentioned features and contents cannot be considered as a valid complaint and will not be suitable to avoid the expiration of the above-mentioned terms of forfeiture. 6.5 The Customer must hold the goods delivered to him at the Supplier's disposal in order to allow the relevant investigations to be carried out. The Supplier, having ascertained the accuracy of the complaint, shall replace, where possible, the non-conforming or defective products with products of the same quantity and quality as those covered by the sales contract. In this case, the Supplier may demand the return of the defective products at the expense of the Customer. The Supplier shall not be held liable for any further damage and/or present or future loss suffered by the Customer and shall only be liable within the limits of the value of the goods supplied and found to be defective. 6.6 The guarantee does not apply if the customer does not prove that he has correctly used and stored the disputed products.
7. Consumer's right of withdrawal
7.1 Only the consumer customer (as defined in art. 3 of the Codice Consumo – Legislative Decree 206/05) can withdraw from the sale for any reason, without explanation and without penalty in the manner and timing provided by Articles. 64 and 65 of the Codice Consumo. In detail, the Customer must send the Supplier a written notice by registered letter with return receipt within 14 working days of receipt of the product. The communication can be anticipated by e-mail to firstname.lastname@example.org. The notice of withdrawal must state the desire to withdraw from the purchase and the product or products for which one intends to exercise the right of withdrawal, attaching a copy of the invoice. 7.2 The customer who exercises the right of withdrawal has the right to the restitution of the entire amount of the purchase, including shipping costs. The Supplier will refund the Customer within 30 days of receipt of the notice of withdrawal, after assessing the integrity of the returned products. 7.3 The Customer is required to return the goods to the Supplier within 14 days from the date of withdrawal, sending the products to the following addresses: Giulia Tombi, Via dei Guinigi 84 00163 Rome. 7.4 The right of withdrawal is always subject to the following conditions: - the right applies to the individual products purchased in their entirety; - the product purchased must be intact and returned in its original packaging, complete in all of its parts (including packaging and ancillary documentation); - the shipping costs related to the return of the product are borne by the Customer; - the shipment is under the full responsibility of the Customer.
8. Personal data management
All communications can be addressed to the Supplier, via the following address: Giulia Tombi, Via dei Guinigi 84 00163 Rome.
10. Applicable law and jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it. Consequently, the interpretation, execution and resolution of the General Terms and Conditions of Sale are solely subject to Italian law and any disputes concerning and/or resulting from the same shall be solely settled by the Italian judicial authority. In particular, if the Customer qualifies as a consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the choice of the consumer in the event of action taken by the consumer, by the Court of Rome. If the customer acts instead in the exercise of its business, commercial, craft or professional, the parties consensually establish the exclusive jurisdiction of the Court of Rome.