These general terms and conditions of online sales are valid exclusively between the company ANTICO NERO D’ASPROMONTE S.R.L.S., VAT number 03027580806, current in Sant’Eufemia d’Aspromonte (RC) – 89027 – at Via De Nava 5/6, REA 205353, SDI SKUA8Y6, hereinafter referred to as ANTICO NERO D’ASPROMONTE S.R.L.S., and any individual, hereinafter referred to as CUSTOMER, who makes online purchases on the website www.nerodaspromonte.it. These general terms and conditions of online sale may be subject to change, their date of publication on the aforementioned website is equivalent to the date on which they enter into force and they govern purchases made on the website www.nerodaspromonte.it, in accordance with the provisions of Part III, Title III, Chapter I, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, and Legislative Decree 70/2003 on e-commerce.
ARTICLE 1 – SUBJECT MATTER OF THE CONTRACT
Con le presenti condizioni generali di vendita on line, ANTICO NERO D’ASPROMONTE S.R.L.S. vende, ed il CLIENTE acquista, a distanza i beni indicati ed offerti in vendita sul sito www.nerodaspromonte.it. Il contratto si conclude esclusivamente attraverso la rete internet, mediante l’accesso del CLIENTE all’indirizzo www.nerodaspromonte.it e la realizzazione di un ordine di acquisto secondo la procedura prevista dal sito stesso.
Il CLIENTE si impegna a prendere visione, prima di procedere alla conferma del proprio ordine, delle presenti condizioni generali di vendita on line, in particolare delle informazioni precontrattuali fornite da ANTICO NERO D’ASPROMONTE S.R.L.S., e ad accettarle mediante l’apposizione di un flag nella casella indicata, che confermerà la conoscenza e l’accettazione delle stesse. Nella email di conferma dell’ordine, il CLIENTE riceverà anche il link per scaricare ed archiviare una copia delle presenti condizioni generali di vendita on line, così come previsto dall’art. 51 comma 1 del D.Lgs. 206/2005, modificato dal D. Lgs. 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER
Prior to the conclusion of the purchase contract, the CUSTOMER is informed of the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER’S choice. Before validating the order with obligation to pay, the CUSTOMER is informed of: a) the total price of the goods, including taxes, with details of shipping costs and any other costs; b) the method of payment; c) the deadline by which ANTICO NERO D’ASPROMONTE S.R.L.S. undertakes to deliver the goods purchased; d) the conditions, terms and procedures for exercising any right of withdrawal (art. 7 of these general conditions of online sales); e) the information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; f) the existence of the legal guarantee of conformity for the purchased goods; g) the conditions of after-sales service and commercial guarantees provided by ANTICO NERO D’ASPROMONTE S.R.L.S. The CUSTOMER may at any time and in any case before the conclusion of the contract, get to know the information relating to ANTICO NERO D’ASPROMONTE S.R.L.S, such as the geographical address, telephone and fax number, e-mail address, information which is also set out below: ANTICO NERO D’ASPROMONTE S.R.L.S., VAT No. 03027580806, current address in Sant’Eufemia d’Aspromonte (RC) – 89027 – at Via De Nava 5/6, REA 205353, SDI SKUA8Y6,email email@example.com.
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The contract of sale is considered concluded with the sending by ANTICO NERO D’ASPROMONTE S.R.L.S. to the CUSTOMER of an email confirming the order. This email contains the details of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and file a copy of these conditions. The CUSTOMER undertakes to check the accuracy of the personal data contained in the above email and to promptly notify ANTICO NERO D’ASPROMONTE S.R.L.S. of any corrections and/or changes to be made. ANTICO NERO D’ASPROMONTE S.R.L.S. undertakes to describe and present the products sold on the website www.nerodaspromonte.it in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product depicted on the aforementioned site and the actual product. Furthermore, the photographs of the products presented on the website in question do not constitute a contractual element, as they are to be considered merely representative. ANTICO NERO D’ASPROMONTE S.R.L.S. undertakes to ship the goods within the terms specified to the CUSTOMER. The method of sale practised by ANTICO NERO D’ASPROMONTE S.R.L.S. is by subscription. The CUSTOMER selects the products to be purchased, the quantity and frequency of receipt thereof, from what is available online. The products selected will be delivered to the CUSTOMER at the frequency chosen by the CUSTOMER from those available at the time of purchase. Payment for the products will take place automatically on a monthly basis. The subscription shall be valid until revocation of the same is communicated by the CUSTOMER. Cancellation may be exercised in the same manner as specified in art. 7 on the subject of withdrawal, with at least 15 days’ notice prior to the expiry date from which the CUSTOMER no longer intends to receive the products purchased under the subscription. Completion of the cancellation shall take place as of the first deadline following the expiry of the aforementioned 15 days. Following the completion of the cancellation of the subscription, the CUSTOMER shall no longer be charged for the subscription. The CUSTOMER shall be notified by e-mail of any changes in product prices, shipping costs, or other service costs during the term of the subscription.
ARTICLE 4 – PRODUCT AVAILABILITY
Product availability refers to that which actually exists at the time the CUSTOMER places the order. This availability must however be considered purely indicative because: a) the products could be sold to other CUSTOMERS before the confirmation of the order, as a result of the simultaneous presence on the site of several users; b) there could be a computer anomaly such as to make available for purchase a product that in reality is not. Even after the order confirmation email sent by ANTICO NERO D’ASPROMONTE S.R.L.S. there could occur cases of partial or total unavailability of the goods. In this eventuality, the order will be automatically rectified with the elimination of the product or products that are not available and the CUSTOMER will be immediately informed by email; with this email the CUSTOMER will also be informed of the method and timing of the reimbursement of any sums paid for the goods that are not available.
ARTICLE 5 – TERMS OF PAYMENT
Ogni pagamento da parte del CLIENTE potrà avvenire unicamente per mezzo delle carte di credito indicate sul sito www.nerodaspromonte.it, con bonifico o con metodo di pagamento Paypal.
In caso di pagamento con bonifico, l’ordine verrà evaso solo dopo che l’importo oggetto del bonifico sarà stato accreditato su conto corrente di ANTICO NERO D’ASPROMONTE S.R.L.S.
In caso di pagamento con Paypal, l’effettivo addebito avverrà al momento dell’invio, da parte di ANTICO NERO D’ASPROMONTE S.R.L.S., dell’email di conferma ordine.
Le comunicazioni relative al pagamento ed i dati comunicati dal CLIENTE nel momento in cui questo viene effettuato avvengono su apposite linee protette. La sicurezza del pagamento con carta di credito è garantita tramite certificazione VBV (Verified by VISA) e SCM (Security Code Mastercard).
ARTICLE 6 – PRICES
All the sales prices of the products shown on the website www.nerodaspromonte.it are expressed in euros and include VAT.
The shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process and before the payment is made.
The CUSTOMER accepts the right of ANTICO NERO D’ASPROMONTE S.R.L.S. to modify its prices at any time. In the case of computer error, manual, technical, or any other nature that may lead to a substantial change, not foreseen by ANTICO NERO D’ASPROMONTE S.R.L.S., of the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Pursuant to Art. 59 D. Lgs. 206/2005 and art. 5 D. Lgs. 185/1999, the right of withdrawal is excluded for goods that are liable to deteriorate or expire rapidly or that, by their nature, cannot be returned or are liable to deteriorate or expire rapidly. For the others, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products. The CUSTOMER who intends to exercise the right of withdrawal must communicate it to ANTICO NERO D’ASPROMONTE S.R.L.S. by an explicit declaration, which can be sent by registered letter with return receipt to be addressed to the registered office located at Via De Nava 5/6 – 89027 – Sant’Eufemia d’Aspromonte (RC) or by email to be sent to firstname.lastname@example.org. In case of exercise of the right of withdrawal, the CUSTOMER is obliged to return the purchased goods within 14 days from the day on which he/she has communicated to ANTICO NERO D’ASPROMONTE S.R.L.S. his/her will to withdraw from the contract in accordance with art. 57 of the Legislative Decree 206/2005. The goods must be sent back to ANTICO NERO D’ASPROMONTE S.R.L.S. at its head office in Lecce, Via Dei Palumbo 21.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete of any attached tax documentation. Subject to the right to verify compliance with the above, ANTICO NERO D’ASPROMONTE S.R.L.S. will refund the amount of the products subject to withdrawal within a maximum of 14 days from receipt of the goods in their favour. As provided for in art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, ANTICO NERO D’ASPROMONTE S.R.L.S. may suspend the refund until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to ANTICO NERO D’ASPROMONTE S.R.L.S. and will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer and if the CUSTOMER intends to exercise his right of withdrawal, the latter must provide ANTICO NERO D’ASPROMONTE S.R.L.S. with the bank details, IBAN, SWIFT and BIC, necessary for the refund to be made by ANTICO NERO D’ASPROMONTE S.R.L.S. In any case, the CUSTOMER will be given information about the exclusion or not of the right of withdrawal in the product sheet and in the order confirmation email.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of products that do not conform to the orders placed, the CUSTOMER has the right to have the conformity of the product restored free of charge by replacing it. The CUSTOMER may exercise this right if the defect becomes apparent within two years of delivery of the goods and reports the defect to ANTICO NERO D’ASPROMONTE S.R.L.S. within two months of its discovery.
ARTICLE 9 – METHOD OF DELIVERY
ANTICO NERO D’ASPROMONTE S.R.L.S. will only accept orders for delivery within Italian territory and the European Union. The products will be shipped within 10 days from the sending by ANTICO NERO D’ASPROMONTE S.R.L.S. of the order confirmation email to the CUSTOMER, and will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order. Any invoice for orders placed on the www.nerodaspromonte.it website shall contain the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will not be possible to make any changes to the data indicated on the invoice.
ARTICLE 10 – LIABILITY
ANTICO NERO D’ASPROMONTE S.R.L.S. accepts no responsibility for ANTICO NERO D’ASPROMONTE S.R.L.S. accepts no responsibility for inefficiencies attributable to force majeure or fortuitous events, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the time provided for by the contract.
ARTICLE 11 – ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of ANTICO NERO D’ASPROMONTE S.R.L.S. and are protected by intellectual property law.
ARTICLE 12 – COOKIES
ARTICLE 13 – INTEGRITY
These general terms and conditions of online sale comprise the entirety of their component clauses. Should one or more provisions of these general terms and conditions of online sale be deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the courts of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
General Terms and Conditions updated on 19 May 2020.