(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) concern the regulation relating to the purchase of products and services, made at a distance and made available through the Internet, through the site www.vivandera.com (hereinafter, Site ), in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the Consumer Code).
The seller of the products-services and owner of the Site is the company R & ditt S.r.l., based in Piazzetta Pagliara n. 6 of Nocera Inferiore (SA), P. IVA 04132770654 – REA SA 344503 – e-mail address: firstname.lastname@example.org (hereinafter R & ditt).
The consumer-customer who accesses the Site to make purchases (hereinafter Customer) is required, before sending the order, to carefully read these General Conditions, available on the Site and available at any time, up to the eventual e- Order Confirmation mail.
The contracts concluded with R & amp; ditt s.r.l. through the Site, therefore, they are governed by these General Conditions, in compliance with the Italian legislation on the subject. The language available to conclude the contract is Italian.
2. DEFINITION OF ORDER
The purchase contract is concluded through the precise compilation of the order and the subsequent consent to the purchase. The customer can pay for the goods ordered through the payment services indicated online at the time of purchase. The sales prices of the products-services shown on the site www.vivandera.com, constitute the offer to the public pursuant to art. 1336 of the Civil Code, and are inclusive of I.V.A. and any other tax (unless otherwise indicated). The cost of the eventual transport is duly highlighted in the special section Costs and Delivery that the Customer will take care to view before confirming any purchase. In the event of delivery abroad, any additional costs due to taxes or duties provided for by the laws in force in the destination State will be charged to the consumer.
3. CUSTOMER’S CONDITIONS
The Customer undertakes and, once the online purchase procedure is completed, undertakes to print and keep the present General Conditions, which, moreover, will have taken care to view already at the time of the Order Confirmation. The same applies to the qualitative and quantitative specifications relating to the products / services being purchased, in order to fully satisfy the condition referred to in art. 4, 5, 52 and 53 of the Legislative Decree 206/2005. It is absolutely forbidden for the Customer to enter false and / or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract. The personal data and email address must be exclusively their own real personal data and not of third parties and / or fantasy. It is expressly prohibited to perform multiple registrations corresponding to the same person or to enter data of third parties. R & ditt reserves the right to prosecute any violation and / or abuse, in the interest and for the protection of the Customers themselves. The Client indemnifies R & ditt from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by him. The Customer, at the moment in which he receives the goods, possibly having damaged the packaging or the packaging, has the duty to highlight the thing on the delivery document of the carrier and accept the goods with reserve. R & ditt assumes no responsibility for disruptions caused by force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, from executing in times agreed to the contract. R & ditt will not be liable to any party for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above. Likewise R & ditt is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means, upon payment of the products purchased. R & ditt uses a procedure for the transaction of payments by credit card by means of a server with direct connection to the Pay Pal service manager, with a protected transaction that guarantees protection against intrusions and data withdrawals by third parties or through mark.
4.PURCHASE OF PRODUCTS
All prices on www.vivandera.com include VAT. The indicated product prices do not include delivery costs and are available on this page: Costs and Deliveries.
The payment method is available on this page: Payment methods
7. ORDER INVOICES
If the purchase is made by a customer with a VAT number, it will be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and / or VAT number. In this case the invoice will be sent via email to the address indicated. The Customer is responsible for the correct insertion of the invoicing 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.
8. RIGHT OF WITHDRAWAL
As regards the rules on the right of withdrawal, please refer to art. 64/67 of Legislative Decree n. 206/2005 (consumer code). The Customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days from the day of their receipt. This right can only be exercised by consumer customers, so all purchases made for purposes unrelated to business or professional activity, ie where a VAT number is entered in the order form, do not have this right. Any type of communication (including the complaint) must be followed, under penalty of forfeiture, within 48 hours of a registered letter with return receipt to the following address:
Piazzetta Pagliara, 6
84014 Nocera Inferiore (SA) – Italia
The right of withdrawal is lost for lack of the essential condition of integrity of the good (packaging and / or its content) and in cases where R & ditt is ascertained: Use, even partial, of the good and of any consumables
Lack of external packaging and / or original internal packaging
The absence of integral elements of the product (accessories, parts, etc.)
Damage to the product due to causes other than transportation.
In the cases mentioned above R & ditt will remedy the purchased good to the sender, charging him for the new shipping costs. For the supply of perishable food products there is no right of withdrawal when the goods are delivered on a regular basis. Any dispute regarding the application and / or execution and / or interpretation and / or violation of the purchase contracts stipulated through the Site is subject to Italian jurisdiction. Except for the cases provided for by art. 63 of Legislative Decree n. 206/2005, the Court of Nocera Inferiore (SA) will be exclusively competent for any dispute between the parties.
For any complaint or clarification, the customer must contact R & ditt at the following email address: email@example.com
The information relating to the Products provided on the Site is constantly updated. However, the complete absence of errors cannot be guaranteed. R & ditt reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior notice.
11. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Italian law and must be interpreted in compliance with Italian laws. For disputes arising from the interpretation, validity and / or execution of these General Conditions the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in the Italian territory.