GENERAL SALES TERMS AND CONDITIONS
La Fenice Azienda Agricola by Anna Galasso
Via Appia Nord, 131; headquarters factory: C.da Dragoni, 8 85050 BARAGIANO (PZ)
PHONE: +39 349 6899708; WHATSAPP: +39 347 9869947
General Sales Terms and Conditions
Present General Service Terms and Conditions govern and regulate the agreement concerning the sale and home delivery of goods marketed (hereafter Goods) on “lafeniceliquori.it” online store belonging to La Fenice Azienda Agricola by Anna Galasso, whose head office is located in Via Appia Nord, 131, 85050 BARAGIANO (PZ), VAT Number 01772750764, Registration number at Company Register of Potenza PZ-133179 ; the agreeement is concluded by La Fenice Azienda Agricola by Anna Galasso (hereafter La Fenice) and a buyer (hereafter the Customer) through the online store “lafeniceliquori.it”.
La Fenice reserves the right to modify the following “General Sales Terms and Contitions”. Validity of new “General Sales Terms and Conditions” shall be effective only from the date of their publication on the website.
The norm of reference is both the Legislative Decree 6 September 2005 no. 206 (Consumer Code) that provides rules for all stages of a negotiation and/or contract process where consumers are involved, and both the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 (Directive on Electronic Commerce), adopted by the Italian law through the Legislative Decree 9 April 2003 no. 70.
The agreement between La Fenice and the Customer is subject to the approval, even though partially, of the purchase order by La Fenice and only after that it is considered concluded.
The order must be complete in all its parts and must contain all the information required for the exact identification about ordered goods and delivery place.
Filling the order form, the Customer declares to have read all the information provided during the purchase procedure and accept general conditions entirely.
The purchase order is accepted and confirmed by lafeniceliquori.it with a response sent by email to the email address provided by the customer on the online form.
Once received the response, the Customer agrees to verify all data entered in the purchase order and to promptly report any mistakes or omissions.
Orders are delivered by 2 working days against receipt of payment to be made by bank transfer, credit card, paypal or cash on delivery. Regarding the cash on delivery method of payment, 3% surcharge shall be applied on the final cost for commission fees.
PRICES AND PAYMENT METHODS
Prices of goods marketed on the online store constitute public quotations, are expressed in EURO and are VAT included.
The Customer is committed to paying prices of the goods selected for the purchase order by one of the following methods of payment:
• Credit Card
• Advance Bank Transfer
• Cash on delivery
In case of cancellation of the order by the Customer or in case of non-acceptance or rejection of the order by lafeniceliquori.it, the company shall simultaneously require the void transaction and the payment refund. For some credit cards, time of credit transfers depend exclusively on the banking system and can ask customers to allow up to natural deadline to complete the transaction (in general 24-25 days from the authorization date).
Once the void transaction is required, La Fenice is not absolutely responsible for any direct or indirect damage caused by some refund delays up to the banking system.
Lafeniceliquori.it is not liable for any credit card data entered by the Customer during the process order in the form online, because they are directly sent on the website of the bank running the transaction by a protected and safe connection.
Under no circumstances La Fenice is then liable for any fraudulent or illegal use of credit card data by third parties during the payment process of goods on the online store.
The property right of goods marketed on the online store is acquired by the Customer only after their full payment and delivery. Risks of breakage pass to the Customer upon delivery of the goods.
SHIPPING AND DELIVERY TERMS
If the Customer is not available at the date of delivery, the courier in charge shall make a new delivery attempt the next working day. If the second attempt is also unsuccessful, goods shall be stocked and released by La Fenice only upon agreement defining new delivery terms with the Customer.
The Customer who needs the invoice is committed to requesting it during the purchase order process, transmitting the following data: company name, VAT number, personal tax code and SDI code. In the absence of above mentioned data, goods shall be delivered by regular receipt. In no case invoices shall be issued after shipping of goods.
Shipping is free throughout the country on orders over € 72,00. Without this spending amount, it shall be calculated at the time of purchase order.
Goods are transported in safe and practical cardboard packaging, within which there is also a polystyrene box that guarantees, at the same time, a good protection against thermals shocks and any dangerous impacts during shipping.
Goods are delivered throughout Italy in 48 hours from the departure date. Shipping is made by main national and international courier companies.
There may be delays in deliveries due to bad weather, strikes and areas not easily to reach.
Any costs deriving from long stock due to unsuccessful recall or rejection of goods and costs deriving from return and/or destruction of stored goods shall be charged to the Customer.
La Fenice shall not be liable to no one for any damages, losses and costs incurred because of the failure execution of the Agreement due to force majeure. In this case, the Customer shall only be entitled to receive the refund of the price paid.
La Fenice is not liable for any fraudulent or illegal use of credit card and/or other payment method data other by third parties during the payment process of goods on the online store. However, in the case of any possible liability of La Fenice is proven towards the Customer for any reason, it is right now agreed that the seller’s liability cannot exceed the price of goods bought and already paid and for which any complaints are made.
La Fenice liability for any delivery delays cannot exceed shipping costs incurred by the Customer.
La Fenice delivers goods directly to the address provided by the Customer. La Fenice shall not be liable for any loss or damage of goods shipped.
RIGHT OF WITHDRAWAL
The Customer may exercise the right of withdrawal if:
- Notify the cancellation of the Order by email to lafeniceliquori.it before receiving the order confirmation or before goods have been shipped;
- Not being satisfied with the purchase order made on lafeniceliquori.it, he is committed to returning goods received within 15 days from the date of their delivery. The withdrawal may be exercised by the Customer, according to art. 54, clause 1 of the Consumer Code, by submitting a letter declaring his decision to terminate the contract to be sent by email to email@example.com;
- Goods to be returned has to be shipped to the following address, whose costs are charged to the Customer: La Fenice Azienda Agricola by Anna Galasso Via Appia Nord, 131 - 85050 BARAGIANO (PZ).
On the contrary, the right of withdrawal is exclueded in the following cases (art. 5, clause 3, Legislative Decree 185/1999):
- Purchase of tailor-made packaging or customized goods that cannot be returned or can easily deteriorate or expire;
- Purchase of goods that have not been shipped due to the unavailability of the Customer at the delivery place and at the moment of their withdrawal are damaged or expired because of Customer delay;
- Purchase of packaged and sealed goods, then opened by the Customer.
The refund is made as quickly as possible and, in any case, within 15 days from the date when La Fenice receives the withdrawal notice by the Customer in the prescribed manner and the refunded goods. In order to exercise the withdrawal right, the only costs charged to the Customer are those for returning goods to La Fenice.
Any complaint shall be sent by email to the following email address: firstname.lastname@example.org, or by writing to La Fenice Azienda Agricola by Anna Galasso Via Appia Nord, no. 131 - 85050 BARAGIANO (PZ).
La Fenice applies rules of law 675 of 1996 defining the protection and confidentiality of personal data. At any time, the Customer may require the content of personal data provided to La Fenice and require their correction or cancellation. Data shall be used only for the purpose of being able to provide services requested by the Customer in the best possible way and La Fenice is committed to not divulging them to third parties.
Customer shall be asked to provide only those strictly necessary data in order to successfully complete the purchase order and, if requested, La Fenice is committed to keeping him updated on any new goods and price trends.
In accordance with art. 13 and 23 of the Legislative Decree of 30 June 2003, no. 196 (Personal data Protection Code and hereafter Code), lafeniceliquori.it would like to inform website guests that:
- Personal data are processed in compliance with confidentiality duties provided for by the law above mentioned;
- The processing of personal data, in accordance with art. 4 of the Code, refers to any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, storage, consultation, use, adaptation or alteration, retrieval, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction, even if not recorded in a database;
- Data are processed for institutional purposes related to services provided by La Fenice, such as filling, processing, billing, cutomer care management and particularly are processed in order to:
a) Fulfil legal requirements related to civil, fiscal, accounting laws that are mandatory to manage the business relationship between the Customer and La Fenice;
b) Fulfil contractual conditions, tecnichal support and after sale services.
c) Satisfy market surveys and statistics, marketing researches related to goods marketed by lafeniceliquori.it;
d) Send by email promo on new business initiatives, ads on new products, services and business offers carried both by La Fenice and by other affiliated and/or controlled companies, business partners and outsources, only upon a specific consent expressed by the Customer. The sending of advertising emails in no case does mean the transfer of personal data to third parties. This service does not involve any monitoring of websites visited by the Customer nor the control of read messages;
e) Arrange general business initiatives addressed to the Customer of lafeniceliquori.it;
- Data provided by the Customer are mandatory in order to regularly fulfill any contractual and legal obligations deriving from the legal relationship with La Fenice. If the Customer is not interested in receiving our commercial emails, he may feel free to deny his consent to this distinct purpose;
- Are collected in our database and recorded in order to allow access only to authorized people involved in the organization of the online store by lafeniceliquori.it;
- May be processed, according to the above mentioned purposes, within lafeniceliquori.it website or may only be disclosed to the following categories of subjects:
a) associated, controlled or affiliated companies to La Fenice;
b) commercial partners of La Fenice (such as manufacturers, suppliers, carriers and shippers);
c) companies carrying out marketing surveys and researches concerning the customer satisfaction area;
Moreover we would like to inform you that any interested party may exercise the rights referred to art. 7 of the Code, that here we summarize. The interested party has the right to obtain proof of the existence or not of personal data concerning him, even if not yet recorded, and to receive it in an intelligible form.
The interested party has the right to obtain proof of:
a) the origin of personal data;
b) the purposes and methods of the processing;
c) the logic applied in case of data processing carried out by the use of electronic devices;
d) the owner, managers and the designated representative identification details;
e) the subjects or categories of subjects whom the personal data may be disclosed to or who may become aware of it holding the position of designated representative in the territory of the State, managers or agents;
The interested party has also the right to obtain:
a) the updating, rectification or, when interested, integration of his data;
b) the cancellation, transformation into anonymous form or blocking of data unlawfully processed, including those whose retention is unnecessary for the purposes they were collected for or subsequently processed;
c) the proof that such above actions, with reference to letters a) and b), have been brought to the attention of those subjects or categories of subjects should have been the addressee of their content, except in the case of such fulfillment is impossible or involves a use of means manifestly disproportionate to the protected right;
The interested party has the right to object, in whole or in part: a) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the collection’s purpose; b) to the processing of personal data concerning him in order to receive advertising mailing or direct sell ads or marketing researches or general business communication.
The data controller is La Fenice Azienda Agricola by Anna Galasso Via Appia Nord, 131 - 85050 BARAGIANO (PZ).
The designated representative for the personal data processing is Mss. Anna Galasso.
COURT OF JURISDICTION
The present Agreement is regulated by the Italian law. Althought not expressly defined, laws regulating business relations in the case of business agreeements become effective.
About civil disputes concerning sale agreements between the Customer and La Fenice made on the online store, the territorial jurisdiction is under the mandatory responsibility of the judge placed in the Customer’s residence or domicile, if located in Italy.
In all other cases, the territorial jurisdiction is under the responsibility of the Court of Potenza.