GENERAL CONDITIONS OF SALE AND USE OF THE WEBSITE
INTRODUCTION AND CONCLUSION OF THE CONTRACT
This document (together with all the documents mentioned therein) contains the conditions governing the use of this website (lamasseriadisessa.it) and the purchase of the products contained therein (hereinafter the “Conditions”).
All product purchase contracts concluded through the lamasseriadisessa.it site and according to the procedures indicated therein will be governed by these Conditions.
The contract stipulated between La Masseria di Sessa and the Customer must be considered concluded with the acceptance, even if only partial, of the order by La Masseria di Sessa, which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the Customer in any way. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the Conditions (including payment) transcribed below.
Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of an order.
The sale of products, through this site, is managed by La Masseria di Sessa, with registered office in Sessa Aurunca (CE), post code 81037, at Via Travata, Km 3 + 100, VAT number IT09415961219, telephone number [0823 176 1424], e-mail address “[email protected]”.
The information and personal data provided by the user will be processed in accordance with the provisions of the Privacy Policy. The use of the website implies the automatic authorization to process such information and personal data and the declaration that all information and / or personal data provided are accurate and truthful.
The applicable legislation provides that part of the information or communications sent must be in writing; by using this website, the user accepts that most of the communications exchanged with La Masseria di Sessa are in electronic format.
CONDITIONS OF USE OF THE SITE
The user, by using this website and / or placing orders through it, agrees to use the website only to carry out consultations or valid orders and therefore not to make false or fraudulent orders which will therefore be subject to cancellation by La Masseria di Sessa.
The user, by using this website and / or placing orders through it, (i) undertakes to provide La Masseria di Sessa with his e-mail address, postal address and / or other contact details in a truthful manner and correct, (ii) guarantees that he is over the age of 18 and has the legal right to enter into binding contracts, (iii) consents to the use, by La Masseria di Sessa, of this information for be contacted; (iv) acknowledges and accepts that all copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are the exclusive property of La Masseria di Sessa.
The items offered through this website are available exclusively for delivery on the Italian territory.
METHOD OF CONCLUSION OF THE CONTRACT AND RESPONSIBILITY
The information referred to in these Conditions and the details contained on this website do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract between the user and La Masseria di Sessa in relation to any products until the order is accepted; if the offer is not accepted and a debit has already been made to the account, the amount of the same will be returned to the user in its entirety. To place an order, the user must follow the online purchase process and click on “Authorize payment”; subsequently, you will receive an e-mail confirming receipt of the order (the “Order Confirmation”) and confirmation that the order is being shipped (the “Shipping Confirmation”). The contract for the sale of a product between La Masseria di Sessa and the user (the “Contract”) will be concluded only upon the sending by the latter of the Shipping Confirmation. It is understood that all product orders are subject to their availability.
Masseria di Sessa reserves the right – expressly accepted by the user – to refuse the processing of orders after sending the Order Confirmation and to remove the products covered by the same from the website.
The responsibility of La Masseria di Sessa regarding the products purchased on its website will be limited exclusively to the price purchase of the products in question (excluding in particular any liability for indirect damage).
METHOD OF DELIVERY OF PRODUCTS
IMPORTANT: upon receipt, please carefully check the integrity of the package before signing the receipt. If there are any irregularities in the package, lacerations (or if it was partially open) we invite you to withdraw it subject to verification of the contents and to report it to us immediately, so any damage to the transported material (or partial shortages) will be promptly reimbursed by the carrier or by our insurance company. On the other hand, where no irregularities are reported to us, we will not be liable for damage or theft due to the non-integrity of the package.
The products will be sent, barring unforeseen difficulties, by the date indicated in the Shipping Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum deadline. 30 days from the date of the Order Confirmation. If for any reason, La Masseria di Sessa is unable to comply with the delivery terms, it will specifically inform the user and communicate a new delivery date, or will cancel the order, with the consequent refund of the entire amount paid. .
It should be noted that no deliveries are made on Saturdays, Sundays and holidays and that the delivery will be considered made through the acquisition, by the user or a third party indicated by him, of the material availability of the products, which will be proved by means of the signing of the order receipt to the agreed shipping address.
If it is not possible to complete the delivery, the products object of the order will be sent to the warehouse chosen by La Masseria di Sessa and a notice will be left to the user in which the place where the products object of his order are located will be specified. and how to arrange a new delivery.
If the delivery cannot take place for reasons not attributable to La Masseria di Sessa after 15 days from the date on which the order is available for delivery, the Contract will be considered terminated and the user will be promptly returned all the amounts paid, including delivery costs (with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method and except for additional transport costs deriving from the termination of the Contract) and, in any case, within 14 days from the date of termination of the Contract.
The risks relating to the products will pass to the user from the moment of their delivery, while the ownership of the products will be transferred upon receipt, by La Masseria di Sessa, of the full payment of all amounts due in relation to the same, including Shipping fees.
In any case, La Masseria di Sessa will not be responsible in any way for non-fulfillment or delays in the execution of any of the obligations referred to in the Contract caused by events of Force majeure, such as, by way of example, any act, event, failure event, omission or accident beyond any reasonable control; strikes, lockouts or other trade union unrest; riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war; fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster; inability to use railways, shipping, air, motor transport or other means of public or private transport; impossibility of using public or private telecommunications networks. It is understood that the execution of the obligations referred to in the Contract will remain suspended for the entire duration of the events of force majeure with the automatic granting of an extension for the execution of the Contract equal to the duration of this period.
For order amounts exceeding € 250, the customer may be asked to supplement the shipping costs, for a total of 10% of the order amount.
PRICE AND METHOD OF PAYMENT
The price of the products will be that indicated from time to time on the website of La Masseria di Sessa, except for obvious errors; in the event of errors in the price of the products, La Masseria di Sessa will promptly inform the user and give him the option to reconfirm his order at the right amount or cancel it; in the event of failure to reconfirm, the order will be canceled and the full amount paid will be refunded to the user.
The website prices include VAT, but exclude shipping costs, which are to be added to the total amount to be paid.
Prices may vary, but (except as established in the first paragraph of this article) the possible changes will not affect orders for whom an Order Confirmation has already been sent. Once the items to be purchased have been selected, these items will be added to the cart and the next step will involve completing the order and paying, following the purchase instructions and with the possibility of changing the Order details in each time of the purchase process before payment.
If the payment method chosen is PayPal, the amount relating to the Order is charged to the PayPal account or to the card used at the time the order was placed.
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and with Chapter I of Title V of Directive 2006/112 / EC. of the Council of 28 November 2006, relating to the common system of value added tax (VAT), for which deliveries will be understood to be located in the Member State that appears in the delivery address of the items, VAT being the one legally in force in each Member State of destination of the items that have been delivered in each order.
REGULATION OF THE RIGHT OF WITHDRAWAL AND RETURNS
The user who enters into the Contract and makes purchases through the La Masseria di Sessa website as a consumer will have the right to withdraw from the Contract itself within a period of 10 days. This withdrawal period ends after 10 days from the day on which the user, or a third party designated by him, places the order and ends after 10 days from the day on which the user, or a third party designated by him forwards the order through the site.
To exercise the right of withdrawal, the user is required to inform La Masseria di Sessa by accessing the website, filling out the return form and following all the instructions contained therein to complete the return request; following this request, the user will receive an e-mail confirming the exercise of the withdrawal and will be able to send the package in the same packaging with which he received it, to the recipient La Masseria di Sessa, Via Travata, Km 3 + 100 – 81037 Sessa Aurunca (CE). To meet the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired. In the event of withdrawal, the user will be reimbursed only for the price of the returned products, a cost of € 4.99 for the return package collection service to be paid by the customer. Refunds will be made using the same payment method used for the initial transaction in the case of a prepaid order (payment method Credit Card / PayPal) and will be subject to the reduction of the costs of returning the products and any price adjustments due to balances or promotions in progress at the time of return; (ii) may be suspended until the products are received.
The products must be returned to: La Masseria di Sessa. at Via Travata, Km 3 + 100 – 81037 Sessa Aurunca (CE) within 3 days from the day on which the user communicated his withdrawal from the Contract. The direct costs of returning the products, or the shipping costs relating to the return of the same, will be charged to the user who, before confirming the request for withdrawal, is indicated the transport cost and the courier to be used for the return. through the contact form. The User will only be responsible for the decrease in the value of the products resulting from their handling other than that necessary to establish their nature, characteristics and functioning. The user may not exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products: customized items; sealed goods that cannot be returned for hygienic reasons and have been opened after delivery.
The right of withdrawal from the Contract will be applied exclusively to those products returned in the same condition in which they were received. No refunds will be made: (a) if the product has been used other than simply opening; (b) for products that are not in the same conditions in which they were delivered and / or have been damaged and / or are not intact and in a normal state of conservation and / or that do not have an identification tag and original packaging. The goods subject to a rejected return will remain available to the customer for a period of 10 days from the communication email. The product to be returned must be returned together with the delivery note received upon delivery.
In the event that the user believes that at the time of delivery the product does not comply with the provisions of the Contract, he must contact La Masseria di Sessa within 24 hours of receiving the goods, using the contact form, indicating the product data and king replace the same at: La Masseria di Sessa, at Via Travata, Km 3 + 100. La Masseria di Sessa will examine the returned product and will communicate by e-mail if it will proceed with the refund. The refund of the item will in any case be made within 14 days from the date of sending a specific e-mail with which it will confirm to the user that it will proceed with the refund of the unsuitable item. The direct costs of returning the goods will be charged to the user while the amount paid for the products returned due to damage or defect, if ascertained by La Masseria di Sessa, will be refunded in full, including the delivery costs incurred for the sending them.
All rights recognized by current legislation are expressly reserved.
WARRANTIES
All product descriptions, information and materials appearing on the website are provided without express or implied warranties, except those of the law.
The products of La Masseria di Sessa, especially those made by hand, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or color variation cannot be understood as imperfections or defects. These provisions do not in any way limit the rights recognized to consumers by current legislation or the rights of withdrawal from the Contract.
VARIOUS
The Contract cannot be transferred or assigned by the user without the prior written consent of La Masseria di Sessa who, on the other hand, will have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving from it.
If any article of the Conditions, or part of it, or any of the provisions of the Agreement, should be judged invalid, unlawful or unenforceable by the competent authority, this article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
Masseria di Sessa reserves the right to review and modify these Conditions at any time, it being understood that the user will be subject to the Conditions in force at the time of the Order, subject to changes imposed by law.
APPLICABLE LAW AND JURISDICTION
The Contract is intended to be concluded in Italy and is governed exclusively by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this Agreement, as from the relative interpretation and / or execution and / or resolution, if the user is a consumer, the territorial jurisdiction is that of the reference forum of his / her municipality of residence. ; in all other cases, the territorial jurisdiction is exclusively that of the Afragola forum with the exclusion of any other alternative or competing forum.