General Conditions of Sale
(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, the "General Conditions") have as their object the discipline of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.sicilymart.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 the owner of the website is: Shop-e soc. coop - P.IVA 06726050823 Contrada Acqualunga, snc 90021 ALIA (PA) Italy e-mail address firstname.lastname@example.org (hereinafter "Shop-e").
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available on the Site and which will be available for consultation 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 in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal regulation pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers". The contracts concluded with Shop-e 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 products
The characteristics and the price of the various products on sale on the Site (hereinafter "product" or "products") are shown on the page relating to each product. To purchase the products, the Customer must fill in and send the order form in electronic format, following the instructions on the Site. The Customer must add the product to the "Cart" and, after having read the General Conditions and the Policy Privacy and confirmed their acceptance, you 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 contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions. Once the Shop-e order has been received, it will check the availability of the stocks for order fulfillment. In the event that one or more products are not available, the Shop-e Customer Service will send an email communication to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available products or cancel it. If there is no response within this period, the order will be considered confirmed and the available products will be shipped. If only a few products are not in stock, Shop-e will process the order with the available products. In both cases, the amount relating to the missing products will be reversed immediately according to the chosen payment method. The contract stipulated between Shop-e and the Customer must be considered concluded with the acceptance of the order by Shop-e. following the verification of stock availability. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, 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 detects errors in the order he will have 12 hours from the receipt of this email to contact the Customer Service directly from the Site using the specific contact form accessible via the "Assistance" tab. After this deadline, the order will be processed for shipping and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in article 7 below.
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 description. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
The prices of the products include all taxes and duties. All prices are expressed in Euros.
Shipments in Italy and abroad
All prices include shipping costs for both Italy and overseas shipments.
5. Methods of payment and billing
5.1 Payment methods
The customer can pay the price of the products and the related delivery costs by credit card, PayPal, bank transfer.
The circuits on which it is possible to purchase on the Site are: Visa / Visa Electron Mastercard to ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server. The Site does not store the Customer's credit card number, but thanks to the secure communication system of the reference credit institution, from the second purchase, the Customer who wishes it - by selecting the appropriate option - can proceed with the purchase without re-entering your data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the customer's browser.
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the 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 related conditions.
The Customer must make the transfer within 3 days from the order date for orders relating to products and within 1 day from the order date for orders containing events and / or courses. 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 proceeded to make the transfer can be contacted by the 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: c / c: Banca di Credito Cooperativo Valle del Torto IBAN: IT54K0860143030000030174462 - BIC: ICRAITRRGP0 Reason: the Customer must indicate in the reason for the transfer the date and the order number, available in the confirmation email (e.g. "Order 01/01/19 n. 2501100").
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order process and entering the billing information including the tax code and / or VAT number. In this case, the invoice will be sent by email to the indicated address. The professional is responsible for the correct insertion of the billing information and is expressly informed that, in case of failure to request the invoice during the order phase, 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. Shop-e is not responsible for delays that are not foreseeable or not attributable to it. Once the products have been shipped, the customer will receive a confirmation email which will include a code to refer to for tracking the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the products ordered will be delivered within 9 (nine) working days from the day following the day in which Shop-e confirmed the order to the Customer through a specific order confirmation email.
Delivery services active in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A warning 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 indicated telephone number, to agree on the delivery. If it is not traceable or absent, the goods will return to the warehouse.
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, without prejudice to the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send a communication to Shop-e within 14 days from the date of receipt of the products using the downloadable form here that is, if you intend to exercise the withdrawal before having received the products, the communication of withdrawal can be sent at any time before their receipt.
This communication must be sent by registered letter with return receipt, addressed to:
ca Returns and Refunds Office SHOP-E Online commerce and packaging soc.coop Cda Acqualunga, snc - 90021 Alia (PA)
The Shop-e Customer Service, once the communication is received, will proceed to open a procedure for the management of the return and to communicate to the Customer the instructions on how to return the products, which will take place by courier indicated by Shop-e itself.
The right of withdrawal is governed by the following conditions:
- The law applies to the product purchased in its entirety; therefore, if the product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the product purchased.
- In case of exercise of the right of withdrawal Shop-e 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 the right of Shop-e to suspend the payment of the refund until the goods are actually received. 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, the Customer will provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
- The direct costs of returning the goods will be borne by you, the products must be returned in the same box in which they were received.
- In addition to the cases indicated in the Introduction (non-consumer customer and / or requesting the 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 to deteriorate or expire rapidly;
- order of sealed products that are not lend themselves to be returned for reasons of hygiene or connected 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 among the products that "risk to deteriorate or expire rapidly" include both all food products (including wines, spirits and drinks) and cosmetics, as the characteristics and qualities of these types of products are subject to alteration also as a result of conservation inappropriate. 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 Shop-e and put back on the market without endangering the health of consumers.
In cases of exclusion of the right of withdrawal, Shop-e will return the purchased products to the Customer, charging the shipping costs.
8. Warranty and Defects of Conformity
In case of conformity defects of products sold by Shop-e the Customer must immediately contact Customer Service using the specific contact form accessible on the Site via the "Customer Service" tab. 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 provided 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 forfeits these rights if he does not report to Shop-e the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect will have to be reported within this reduced time.
9. Refund right
The customer has the right to a full or partial refund of the amount paid, excluding shipping costs, for damages suffered by the goods following the delivery procedure. To take advantage of this refund, it is mandatory to provide photographic documentation, upon delivery of the package by the courier, of the damage suffered by the goods following transport. The photographs can be sent to the following addresses: whatsapp 00393288236254 or to the following email address email@example.com. The photographs will be evaluated with the supplier and, if the conditions for reimbursement exist, it will take place using the same payment method used by the Customer, unless the latter has expressly requested a different method. In the event of a bank transfer, the Customer will provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN), or by issuing a discount voucher applicable on future purchases at our online store. We reiterate that the shipping costs incurred cannot be refunded, so the same is to be considered free of shipping costs.
10. Errors and limitations of liability
The information relating to the products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors for which Shop-e cannot therefore be held responsible, except in cases of willful misconduct or gross negligence. Shop-e reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the rights of the Customer pursuant to these General Conditions and the Consumer Code. Except for willful misconduct or gross negligence, any Customer's right to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by non-acceptance or evasion, even partial , of an order. Shop-e promotes the responsible consumption of alcohol and excludes any liability, except for willful misconduct or gross negligence, in the case of purchases made by children under 16 years of age. By purchasing any alcoholic product you declare that you are of legal age as per art. 7 of Legislative Decree 158/2012. Shop-e assumes no responsibility for purchases made by minors under the age of 18 who have declared that they are of a different age.
Any complaints must be sent to the Shop-e using the specific contact form accessible directly on the Site via the "Customer Support" tab, or by calling the number 3288236254 (from abroad +39 3288236254), active from Monday to Friday , from 9.00 to 17.00, excluding holidays, or by registered letter with return receipt to the following address: approx Complaints Office SHOP-E Online commerce and packaging soc.coop C.da Acqualunga, snc - 90021 Alia (PA). Shop-e undertakes to respond to all requests received within a maximum of 7 working days.
12. Online Consumer Dispute Resolution (ODR)
If you are a European consumer, you must be aware that the European Commission has made available to all European residents a tool dedicated to alternative dispute resolution. To access the platform click here .
13. Applicable law and jurisdiction
The sales contract between the customer and Shop-e is concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Termini Imerese, any other excluded jurisdiction. *** Pursuant to article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors - disclaimers).