GENERAL CONDITIONS OF ONLINE SALE
The present conditions are effective exclusively between the company NOVATEC s.r.l. Owner of the brand DIWINE, with legal residence in Via delle Acque 6 – 50035 Palazzuolo sul Senio (FI), P.IVA 04177060482, hereafter referred to as ”DIWINE” and any person purchasing online from the website www.diwineitaly.com hereafter referred to as the “CUSTOMER”. These conditions can be modified and their date of publication on the website equates to their becoming law.
The present conditions regulate the purchases effectuated on the website www.diwineitaly.com, according to the dispositions of Parte III, Titolo III, Capo I, of the Codice del Consumo, D.lgs. n. 206/2005, modified by the D.lgs. n. 21/2014 and by the D.lgs. 70/2003 about e-commerce.
ARTICLE 1 – Subject of the contract
With the present general conditions of sale, DIWINE sells and the CUSTOMER buys at home items presented on sale on the website www.diwineitaly.com. The contract takes place exclusively through the internet, through the access of the CUSTOMER to the website www.diwineitaly.com and the realization of a purchase order according to the procedure provided by the website itself.
Before proceeding with the confirmation of their order, the CUSTOMER commit to view the present general conditions of sale, particularly of the pre-contractual information provided by DIWINE, and to accept them by flagging the specified box.
In the confirmation email of the order, the CUSTOMER will also receive the link to download and file a copy of the present general conditions of sale, as well as expected by art. 51 comma 1 of D.Lgs 206/2005, modified by D.lgs 21/2014.
ARTICLE 2 – Pre-contractual information for the customer – art. 49 of D.lgs 206/2005
Before completing the purchase, the CUSTOMER views the characteristics of the items described in the specific product sheets when choosing the products.
Before completing the purchase and before validating the order with the “payment obligation”, the CUSTOMER is informed about: - final price of the items including taxes, with the detail of the shipping cost and any other expenses; - mode of payment; - the date within DIWINE commits to deliver the products; - conditions, terms and procedures to exercise the right of withdrawal (art. 6 of the present conditions) as well as the withdrawal form in the annex I, part B of the D.lgs 21/2014; - information that the costs of the return of items in case of withdrawal will be responsibility of the CUSTOMER; - existence of the legal warranty of conformity for the items purchased; - post-sale assistance conditions and commercial warranties provided by DIWINE.
The CUSTOMER can have access at the information about DIWINE, such as address, telephone number, fax number and email address, at any moment especially before finalising the contract. Those information are listed below: NOVATEC s.r.l. Legal residence Via delle Acque 6 – 50035 Palazzuolo sul Senio (FI) tel. 055/8046419 – Fax 055/8046860 firstname.lastname@example.org
ARTICLE 3 – Conclusion and effectiveness of the contract
The contract of sale is considered finalised when DIWINE sends to the CUSTOMER the email to confirm the order. The email contains the data of the CUSTOMER and the order number, the cost of the items purchased, the shipping costs and the delivery address where the goods will be shipped, and the link to print and file a copy of the present conditions.
It will be the CUSTOMER responsibility to check the accuracy of the personal data in the email and to inform promptly DIWINE about possible amendments.
DIWINE undertakes to describe and present the items on sale on the website in the best way possible. Nevertheless there might be some mistakes, imprecisions or small differences between the website and the real item. Moreover the images of the items presented on the website www.diwineitaly.com do not represent a contractual element, insofar as they are only representative.
DIWINE undertakes to deliver the goods within 30 day starting from the sending of the confirmation order email sent by DIWINE to the CUSTOMER.
ARTICLE 4 – Availability of the products
The availability of the products refers to their real availability at the moment of the CUSTOMER’s order. Nevertheless the availability has to be considered approximate since, before the order confirmation, the products could be sold to other customers browsing the website.
Even after the sending of the order confirmation email from DIWINE, the products could be partially or totally unavailable. In this case the order will be automatically amended by erasing the item non available and the CUSTOMER will be immediately notified by email.
If the CUSTOMER requires the cancellation of the order, ending the contract, DIWINE will reimburse the amount payed within 14 days from the day DIWINE has knowledge of the customer decision to end the contract.
ARTICLE 5 – Terms of payment
Every payment from the CUSTOMER can only be processed using the credit card indicated on the website www.diwineitaly.com , with bank wire or counterfoil.
In case of payment with credit card, the actual charge of the order cost will happen only when the order will be completed and ready for shipping.
The communications about payment and the data given by the CUSTOMER when the payment is processed happen on secure lines. The safety of the payment with credit card id guaranteed by the VBV certification ( Verified by VISA) and by SCM ( Security Code Mastercard ).
ARTICLE 6 – Prices
All the prices indicated on the website www.diwineitaly.com are in Euro and they include IVA tax, when necessary and the Raee contribution.
The shipping costs are not included in the price of purchase, but they are indicated and calculated at the moment of the conclusion of the purchase process and before the processing of payment.
The CUSTOMER accept that DIWINE can modify the prices at its discretion at any moment, nevertheless the products will be charged according to the prices on the website at the moment of the creation of the order and indicated on the confirmation email sent by DIWINE to the CUSTOMER.
In case of IT, manual, technical error or of any other nature that can bring a significant change, not expected by DIWINE, of the price of the product, that will make it excessively high or low, the purchase will be considered not valid and cancelled and the amount already paid by the CUSTOMER will be refund within 14 days starting from the day of the cancellation.
ARTICLE 7 – The right of withdrawal
In accordance with the regulation in force, the CUSTOMER has the right to withdrawal the purchase with no penalty and without specific reasons within 14 days starting from the date of delivery.
The CUSTOMER that want to exercise their right of withdrawal will have to communicate it to DIWINE through an explicit declaration, that can be transmitted by registered mail.
The CUSTOMER can also exercise the right of withdrawal by sending an explicit declaration containing their decision to withdraw the contract or as an alternative they can send the withdrawal form Allegato I, parte B , D.Lgs 21/2014 (not mandatory) whose text is copied here:
Withdrawal form according to the art. 49, comma 1, lett. h)
(fill in and send this form only if you desire to withdraw the contract)
NOVATEC s.r.l. legal residence Via delle Acque 6 – 50035 Palazzuolo sul Senio (FI) tel. 055/8046419 – Fax 055/8046860 email@example.com
I/We herewith (*) notify (*)my/our withdrawal from my/our (*) sale contract for the following goods/services - ordered on (*)/received on (*) - Name of customer/s -address of customer/s - signature of customer/s (only if the form is send in paper format) - Date (*) cancel the wording not used
In case of withdrawal, the CUSTOMER, is obliged to return the goods within 14 days starting from the day they communicated to DIWINE their will to withdraw the contract according to art. 57 of D.lgs 206/2005.
- The products will be returned to NOVATEC s.r.l. Via delle Acque 6 – 50035 Palazzuolo sul Senio (FI).
- The costs of return are carriage paid. The esteemed cost will be no more than about 300,00 (three hundred/00) Euro.
- The goods will have to be returned intact in the original packaging complete in all its parts (including packaging and possible documentation and accessories: manual, cables, etc…) and comprehending the fiscal documentation attached. After checking the observance of what said above, DIWINE will refund the amount paid for the products subjected to the withdrawal within 14 giorni, inclusive of possible shipping costs.
As expected by the art. 56 comma 3 of D.Lgs 206/2005, modifued by the D.lgs 21/2014, DIWINE can suspend the refund until the arrival of the goods or until the CUSTOMER demonstrates the shipping of the goods to DIWINE.
DIWINE will refund using the same payment method used by the CUSTOMER when purchasing. In case of payment made by wire, and if the CUSTOMER wants to exercise their right of withdrawal, the CUSTOMER will have to provide their bank data: IBAN, SWIFT and BIC, necessary to process the refunt, to DIWINE.
ARTICLE 8 – Legal compliance warranty
In case of withdrawal of products don’t match the order or they are defective, the CUSTOMER has the right to receive the right product through substitution or reparation of the products with no additional cost. The CUSTOMER can exercise this right if the flaw shows up within 2 years from the delivery and they communicate the problem to DIWINE within 2 months from its discovery.
Later, the CUSTOMER will have to proceed to the creation of a withdrawal form. DIWINE, in case of non corresponding or defective product, will organize the collection of the product, at its expenses, according to the availability of the CUSTOMER.
ARTICLE 9 – Commercial warranty
All the products presented on the website www.diwineitaly.com have not only the legal compliance warranty, mentioned in the previous art., but also a commercial warranty whose duration is mentioned on the product sheets.
To benefit of the warranty assistance, the CUSTOMER needs to keep the invoice.
ARTICLE 10 – Delivery methods
DIWINE accepts orders only within the European area. The products will be delivered via express courier to the address indicated by the CUSTOMER at the moment of the order and not later than 30 days starting from when the CUSTOMER receives the confirmation email from DIWINE.
For every order processed on the website www.diwineitaly.com, DIWINE emits an invoice of the shipped items. The invoice will contain the information provided by the CUSTOMER during the purchase. After the invoice is made, it will not be possible to make any change in the data indicated on it.
ARTICLE 11 – Responsibility
DIWINE does not assume any responsibility for the disservices due to major force or fate, not even when caused by the malfunctioning or the disservice of the internet, in case it is not able to process the order within the deadline set by the contract.
ARTICLE 12 – Access to the wesite
The CUSTOMER has the right to access the website for consultation and purchasing. Any other use of the website and its content is forbidden, particularly of commercial nature. The integrity of the elements of this website, both auditory and visual, and the related technology are property of DIWINE and they are protected by the intellectual property rights.
ARTICLE 13 – Cookies
The website www.diwineitaly.com uses ”cookies”. Cookies are electronic files that register the informations about the browsing of the CUSTOMER on the website (consulted pages, date and time of consultation) and they help DIWINE offering a customized service to their customers.
DIWINE informs the CUSTOMER of the possibility of deactivating the creation of these files by accessing to their internet configuration menu. It is implied that this will prevent the CUSTOMER from online purchasing.
ARTICLE 14 – Entirety
The present General Coditions of Online Sale are constituted by the totality of the articles that compose it. If one or more of the present dispositions of these General Conditions of Online Sale is considered not valid or declared so according to the law, to the regulation or due to a decision made by a tribunal with jurisdiction, the other dispositions will continue to be into force and have total effectiveness.
ARTICLE 15 – Applicable law and Tribunal in charge
The present General Conditions of Online Sale are subjected to the Italian Law.
Any dispute will be under the exclusive competence of the Firenze Tribunal.
In any case it is possible to optionally use the mediation procedures as described in the D.lgs 28/2010, for the resolution of disputes caused by the interpretation and the execution of the present sale conditions.
General Conditions of Online Sale updated to June 13th 2014.