(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions.
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.loveforsicily.com (hereinafter , the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
The seller of the products and owner of the Site is: “Intex s.r.l.” with registered office in via Giuseppe Simili n.21, 95030 Gravina di Catania (CT), C.F / V.A.T. and registration in the Catania Business Register n. 05077180874, REA: CT – 341463 – Certified e-mail address: societaintexsrl@pec.it (hereinafter “INTEX”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requests an invoice and / or is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations referred to in art. 7 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.
Contracts concluded with INTEX through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products.
The characteristics and the price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contract proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between INTEX and the Customer must be considered concluded with the acceptance of the order by INTEX. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from receipt of this email to contact the Customer Service directly from the Site using the appropriate contact form on the web page at the following link: https : //www.loveforsicily.com/contact us.
After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.
Once the order is received, INTEX will check the availability of stocks for the fulfillment of the order. In the event that one or more Products are not available, the INTEX Customer Service will promptly send an email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be reserved until the order is completed with the products that were missing. If only a few Products are not in stock, INTEX reserves the right to process the order with the products available, simultaneously providing for the cancellation of the amount relating to the missing Products.
3. Product Information.
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the card from descriptive. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping.
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
The shipping cost is:
– to Italy: € 6,00. Free shipping for all the purchases exceeding € 49,00.
The shipping cost to Coutries other than Italy is fixed and without limits of weight and volume, as follows:
– Europe (EU): € 30,00;
– Europe (but non-EU): € 50,00;
– Africa / Asia / Oceania / U.S.A.: € 80,00.
In the case of purchasing of multiple items, the conditions do not change.
5. Methods of payment and invoicing.
5.1 Payment methods.
The Customer can pay the price of the products and the related delivery costs by credit card, PayPal, bank transfer, prepaid cards, Masterpass.
Credit card
The circuits on which it is possible to purchase on the Site are:
– Visa / Visa Electron;
– Mastercard;
– Master;
– American Express.
To ensure maximum security, the Customer will make the payment transaction directly on the secure Paypal server.
The Site does not store the Customer’s credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes – by selecting the appropriate option – can proceed with the purchase without re-entering your details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client’s browser.
PayPal
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
Bank transfer
The Customer must make the transfer within 2 days of the order date. If this does not occur, the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-credit is due to the Customer’s will not to confirm the purchase or to other causes.
Data for the transfer:
Account holder: INTEX S.R.L.
IBAN: IT02E0503616902CC2451757530
BIC / SWIFT: POPRIT31245
Bank: POPULAR AGRICULTURAL BANK OF RAGUSA
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (eg “Order 01/01/19 n. 100012345”).
Cash on delivery
This payment method is available. An additional charge of € 5.00 will be applied to the total value of the cart as a commission for the management of the cash on delivery. Payment must be made in cash to the courier upon delivery of your order.
5.2 Invoicing of orders.
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery.
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. INTEX is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment. The Customer can therefore follow the progress of the delivery by accessing the courier’s tracking page.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 10 (ten) working days starting from the day following that in which INTEX confirmed the order to the Customer via a specific email order confirmation.
Active delivery services in Italy:
SDA Express Courier spa, Brt spa or Gls Express courier, Dhl, Ups;
Active delivery services in Europe and in the world:
SDA Express Courier spa, Brt spa or Gls Express courier, Dhl, Ups.
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to agree
7. Right of withdrawal.
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send INTEX a communication within 14 days from the date of receipt of the Products by sending an email to the following address: info@loveforsicily.com, specifying the date and the order number available in the confirmation email received; if it intends to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
Once the communication has been received, the Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products. The shipment and the relative cost are the sole responsibility of the Customer.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, INTEX will refund the customer the full amount of the returned goods, excluding shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to INTEX’s right to suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. The Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
– order of products made to measure or clearly personalized;
– order of Products which risk deteriorating or expiring rapidly;
– order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all food products (including wines, spirits and beverages) and cosmetics. , as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to INTEX and put back on the market without endangering the health of consumers (such as for example books, gadgets, tools for kitchen, etc.).
In cases where the right of withdrawal is excluded, INTEX will return the purchased Products to the Customer, charging the shipping costs to the same.
8. Warranty and lack of conformity.
In case of conformity defects of Products sold by INTEX, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to INTEX within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period shorter, in which case the defect must be reported within this shortened term.
9. Errors and Limitations of Liability.
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which INTEX cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
INTEX reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights to pursuant to these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial , of an order.
INTEX promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the event of a purchase made by children under 16. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. INTEX assumes no responsibility in the event of a purchase made by minors under 18 who have declared that they are of a different age.
10. Complaints.
Any complaint must be forwarded to INTEX using the appropriate contact form accessible directly on the Site through your Customer Service or by calling +39 3887716730, active from Monday to Friday, from 9.00 to 17.00, excluding holidays.
Intex undertakes to respond to all requests received within a maximum of 7 working days.
11. Online Resolution of Consumer Disputes (ODR).
Pursuant to art. 14 of Regulation 524/2013, the user is informed that the European Commission has made available to all residents in Europe a tool dedicated to the alternative resolution of disputes. The ODR platform can be reached through the following link https://www.mise.gov.it/index.php/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/odr-risolution-dispute -online.
12. Applicable law and competent court.
The sales contract between the customer and INTEX is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Catania, any other competent court excluded.
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Pursuant to Article 1341 of the Italian Civil Code the Customer, by registering or concluding an order, declares to have read and accepted all the articles of these General Conditions, and specifically the following articles: 6 (responsibility for delays in delivery), 8 (warranty and lack of conformity), 9 (right to correct errors – exclusions of liability) and 13 (applicable law and competent court).