General Terms and Conditions
Preamble
These general terms and conditions for online sales (hereinafter “T&Cs“) govern the contract of sale (hereinafter the “Contract“) of the products (hereinafter the “Product” or the “Products“) offered by La Bottega Gluten Free S.r.l, with registered offices in Via Volterra 9, 20146 Milan, VAT reg. no. 12659530963, email: info@labottegaglutenfree.com; (hereinafter referred to as the “Seller”) – via its website www.labottegaglutenfree.com (hereinafter referred to as the “Site”) to users (hereinafter referred to as the “Customers” or the “Client”) of the Site.
The T&Cs shall apply solely and exclusively to Customers who qualify as “Consumers” pursuant to Art. 3, para. 1(a) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”). That is to say, “natural persons acting for purposes unconnected with any business or professional activity”, and who are legal adults.
All information on the Site is in Italian. The Customer declares that he/she has read all T&Cs before placing the order.
The Customer, before placing the order for the Product, declares that the purchase is for personal use and in no way directly related to his/her professional activity.
The Customer further declares that he/she has the capacity to engage in accordance with the T&Cs.
1 – Subject
The subject matter of the T&Cs is the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.labottegaglutenfree.com.
2 – Territory and supply coverage
This version of the T&Cs refers exclusively to sales made to consumers having their domicile or residence in Italy.
3 – Contract Documents
This Contract consists of the following documents:
– T&Cs
– order confirmation
The photographs illustrating the Products on the site are outside the scope of the contract and are provided for descriptive purposes only.
4 – Placing an order
The Customer who intends to proceed with the purchase of the Products must express this by means of a request made directly on the site, in the dedicated section, following the procedures indicated.
Any order confirmation made by means of a validation click constitutes an irrevocable commitment on the part of the Customer that can only be revoked in the cases exhaustively provided for in this Contract in Article 14 “Right of Withdrawal”.
5 – Order Acceptance
The conclusion of the Contract shall take place only upon confirmation of the order by the Seller.
The Customer will receive an email acknowledging receipt, containing the order confirmation with details of the Contract (including products ordered, prices, delivery dates, shipping costs).
The Seller reserves the right not to confirm an order.
6 – Seller’s Liability
The Seller shall not be liable for delivery errors due to inaccuracies or incompleteness in the Customer’s completion of the purchase order.
Furthermore, the Seller shall not be liable for any damage that may occur to the products after delivery to the carrier in charge of their transport of for any delays in delivery attributable to the latter.
7 – Availability of Products
The offers on this Site will be valid as long as the products listed remain online and while stocks last.
The Seller also reserves the right to notify the Customer, at the email address associated with his/her profile, of the possible unavailability of one or more of the products purchased. In the event of the purchase of a product that is no longer available, the Seller shall refund the price and any shipping costs incurred by the customer by crediting the payment card or IBAN code communicated during registration.
8 – Prices – Invoice
Prices are in Euro and do not include VAT, which will be charged at checkout.
The price guaranteed to the purchaser is that published on the site at the time of the order. This price must be referred to for the application of any discounts granted on specific occasions. Product prices do not include delivery charges, which will be indicated in the Order confirmation.
9 – Payment
Payment is due at the time of the Order. The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of Products and transport) using the available payment methods.
The Customer warrants to the Seller that he/she has the necessary authorisations, if any, to use the payment means indicated in the order.
If payment is not received by the Seller, the Seller reserves the right to cancel the order. In the case of credit card payment, the Seller reserves the right to request that a copy of the identity document proving actual ownership of the credit card used be sent within 24 hours, it being understood that, in the absence of the requested submission, the Seller may refuse payment and cancel the order.
Payment data will be processed via a secure server-to-server connection using SSL (Secure Sockets Layer) Protocol.
10 – Transfer of Risks
The transfer to the Customer of the risks associated with the Products takes place upon their delivery by the carrier to the Customer.
During the withdrawal period, the Customer shall be responsible for the Products as custodian and shall be liable for any damage suffered by the Products.
11 – Execution of the Order
The Order will be executed under the terms specified on the Site. In the event of depletion of stock or unavailability of Products, the Seller undertakes to inform the Customer in good time, specifying any period of renewed availability.
12 – Delivery
Deliveries are made exclusively within the national territory.
Products are delivered to the address indicated by the Customer. Delivery is at street level unless otherwise indicated. The request for floor delivery of an Order (where available) must be indicated by the Customer at the time of final confirmation of the Order.
The Seller shall use a third-party carrier for delivery.
The Seller shall not be liable for delivery errors due to inaccuracies or incompleteness in the completion of the Purchase Order by the Customer.
Furthermore, the Seller shall not be liable for delays in delivery attributable solely to the chosen carrier. In this case, any objection must be made directly to said carrier.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product shall constitute proof of transport and delivery of the Products.
Upon delivery of the goods, the customer is obliged to check:
- that the number of packages delivered corresponds to what was ordered;
- that the packaging is intact and undamaged, including the closing tapes. In the event of tampering and/or breakage, the customer shall immediately dispute the shipment and/or delivery by marking the delivery note received from the courier “ACCEPTED SUBJECT TO CONTROL”. In that case, it is recommended that you take photographs of the condition of the parcel and send us a copy. The Customer must subsequently report any damage within 3 (three) days of receipt of the goods to the email address info@labottegaglutenfree.com, in accordance with the general terms and conditions of sale, as published on our site.
13 – Withdrawal of products in the absence of the customer
In the event of non-delivery of the parcel due to the unavailability of the addressee, the customer is obliged to collect the goods ordered and in stock at the carrier’s warehouses within 5 (five) working days. Due to the repeated impossibility of delivery to the address indicated by the Customer when placing the order, the order will be cancelled and storage and return costs, to be quantified on a case-by-case basis, will be charged.
14- Right of Withdrawal
The Customer has the right to withdraw from the Contract, without stating any reasons, upon receipt of the order confirmation sent by the Seller, no later than 14 days after receipt of the Product at the address indicated for delivery.
Full proof of receipt of the Products is the date indicated by the tracking of the shipment.
In order to exercise the right of withdrawal, the Customer shall inform the Seller by email, to be sent to info@labottegaglutenfree.com, indicating the details of the recipient, the order number and the date of receipt.
If the Product has already been delivered, the Customer shall promptly return it to the Seller, duly packaged, no later than 14 (fourteen) days from the date on which the Customer communicated withdrawal. The packaging must be suitable for the correct preservation of the product and have similar characteristics to that used by us for shipping. The product must be sent to RGS Logistica S.r.l. c/o Cassol Milano – Via Iseo, 8/a – 20098 S. Giuliano M.se (MI) Tel +39 02 98282816; Fax +39 02 98282803.
The Product shall be deemed to have been returned upon delivery to the accepting post office or carrier. The integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. The Seller will not accept damaged Products, but only those Products kept in a normal state of preservation, stored with due diligence. The Customer shall place a copy of the delivery document received inside the packaging box. The transport risks for the return of products are borne entirely by the Customer.
The purchase costs of the products shall be reimbursed to the Customer no later than 14 (fourteen) days from the date of receipt of the undamaged return by crediting the payment card or IBAN code communicated during registration.
15 – Guarantee
The Products are covered by the conformity guarantee of Art. 128 et seq. of the Consumer Code, taking into account the food nature of the Products.
16 – Use of the Site
The photographs and videos presenting the Products are published on the Site for descriptive purposes only, and the quality of the images may vary depending on the computer equipment used by the Customer at the time of connection to the Site.
The Seller assumes no liability for any damage suffered by the Customer in connection with the use of the Site.
17 – Intellectual and Industrial Property Rights
The Site, the brand, and the distinctive signs used in connection with the sale of the Products are protected by the applicable intellectual and industrial property rights and any reproduction, communication, distribution, publication, alteration or transformation thereof, in whatever form and for whatever purpose, is prohibited.
The Seller reserves the right to take legal action to protect its rights.
18 – Personal Data Protection
The Seller is the owner of the personal data collected at the time of registration on the Site, as well as those subsequently communicated at the time of purchase by the Customer, with the exception of data relating to the payment procedure for which the banks and providers through which the transaction takes place are responsible. For information on the processing of personal data, including the rights under Art. 7 of Leg. 30 June 203 no. 196, please refer to the detailed information already provided at the time of registration at www.infolabottegaglutenfree.com or available on the Privacy page published on our site.
19 – Electronic signature
The ‘validation click’ constitutes an electronic signature with the same effect as a handwritten signature.
20 – Integrity of the Contract
These T&Cs shall govern the obligations of the parties and no other general or particular conditions communicated by the Customer may be added to or waived by the T&Cs.
21 – Invalidity
Should one or more provisions of these T&Cs be deemed invalid or declared invalid by application of a law or regulation, or following a final decision by a competent jurisdiction, the other provisions shall retain all their force and effect.
21 – Communications
For any communication, please contact La BOTTEGA GLUTEN FREE S.R.L at the following addresses: La Bottega Gluten Free Sr.l., via Volterra 9, 20146 Milan, VAT 12659530963, email: info@labottegaglutenfree.com.
22 – Applicable Law and Jurisdiction
The Contract concluded between the Customer and the Seller shall be deemed to have been concluded in Italy and governed by Italian law and, in particular, by the provisions of the Italian Civil Code, Legislative Decree no. 9 April 2003 No. 70 on contracts concluded by telematic means, the Consumer Code and any additions and amendments thereto. All disputes arising from the Contract shall be settled exclusively by the Courts of the place where the Customer has his/her residence or domicile, if located in the territory of the Italian State.