terms and conditions of sale
Article 1 – SUBJECT AND DEFINITION OF THE CONTRACT.
The General Conditions of Sale (hereinafter GENERAL CONDITIONS) set forth therein govern the sale of products marketed by the Seller on the site www.verzen.it through a system of distance selling through the communication technology known as “Internet”.
All contracts for the purchase of products marketed, concluded through the site www.verzen.it, owned by Soc. Agric.
Menini Renzo Davide and Al.L.s.s (hereinafter SELLER) following the online procedures indicated, between the SELLER and the INTERNET CUSTOMER (hereinafter CUSTOMER), shall be governed by these General Conditions, which form an integral and substantial part of the same.
The reference legislation is Legislative Decree September 6, 2005, no.
206 (Consumer Code, pursuant to Article 7 of Law No. 229 of July 29, 2003) as amended Legislative Decree 21/2014 , which regulates all processes of a negotiated and/or contractual nature in which consumers are involved, both from the point of view of the individual and from that of the community, and Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 (“Directive on Electronic Commerce”), transposed into national law by Legislative Decree No.
70 and which provides that the completion of the telematic contract can be said to be concluded when:
– the provider must “acknowledge” receipt of the order of the recipient of the service without undue delay and by electronic means;
– the order and receipt are considered to have been received when the parties to whom they are addressed have the possibility of accessing them.
Any changes to these Terms and Conditions of Sale will be effective from the time of their publication on the site and will apply only to sales concluded after such publication.
Article 2 – ORDERS.
All orders are subject to acceptance by:
Soc. Agric. Menini Renzo Davide e Al.L.s.s | Via Verzen 6 – 37030 Mezzane di Sotto (Verona) Italia.
All orders are subject to acceptance by: Soc. Agric. Menini Renzo Davide e Al.L.s.s | Via Verzen 6 – 37030 Mezzane di Sotto (Verona) Italia. Purchase orders concluded through www.verzen.it must be complete in every part and must contain all elements necessary for the exact identification of the products ordered and the place of delivery.
Orders are to be considered as the Customer’s contractual proposal manifested ONLINE through the “Point and Click” system.
The order confirmation by the Seller, transmitted by e-mail to the address indicated by the Customer shall be considered as acceptance of contractual proposal.
The Seller may also send the Customer a rejection of the order and reserves, in its sole discretion, the right to cancel any order in case of material errors related to the Customer’s order or the information sent by the Customer through www.verzen.it.
The Customer may purchase the products indicated in the electronic catalog on the site www.verzen.it, and in the existing quantities in stock. Should an order exceed the existing quantity in the warehouse, the purchase will be accepted limited to the available products. In this case the Customer will be informed and may arrange for the order to be revoked or supplemented with a substitute product. The Customer shall immediately notify the Seller of any error or omission of any kind in the terms of payment, quantities and prices contained in the order acceptance document.
Article 3 – PRICES AND SHIPPING COSTS.
All sales prices of the products displayed and indicated within www.verzen.it constitute an offer to the public, are expressed in EURO and include VAT The Seller reserves the right to change the prices published on www.verzen.it at any time. Product prices published from time to time cancel and replace previous prices.
Shipping charges for Italy, including islands, are as follows:
– for 1 product: €15.00 ;
– from 2 to 6 products: +€5.00 for each product;
– from 7 products: possible discounts upon quote:
Costs and times for any overseas shipments will be budgeted upon request.
Shipping will take place within 2-3 days of receipt of payment.
In Italy, delivery times by courier are generally between 3 and 5 days.
The times indicated are estimates and are not binding. Any delays attributable to the courier are not the responsibility of the Seller. <No delivery can take place more than 30 days after payment has been made (Art. 61 of the Consumer Code).
Article 4 – DELIVERIES.
The Seller will ship the selected and ordered products to the destination address specified in the order. If the addressee is absent at the time of delivery, a notice will be left and the Customer must personally contact the carrier or freight forwarder as soon as possible to arrange delivery arrangements. Delivery will be made by carriers mainly at street level. No liability can be attributed to Seller for delayed or non-delivery attributable to force majeure or fortuitous event.
Article 5 – PAYMENTS
The accepted methods of payment are: bank transfer and Paypal. The order is not considered finalized, and therefore the goods will not be prepared for shipment, until the Customer has paid for the products ordered.
If you have chosen bank transfer as the payment method for your order on www.verzen.it, please use the following details:
Payee: SOC.AGR.MENINI RENZO DAVIDE AND AL.L.S.S. IBAN: IT15H0832259790000000816455 reason for payment: order number, order date
Article 6 – LIMITS OF LIABILITY.
The Seller assumes no responsibility for disruptions in service attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that would prevent, in whole or in part, the execution of the contract in the agreed time.
It shall also not be liable:
– to any party with respect to damages, losses and costs incurred as a result of the non-performance of the contract for the aforementioned causes, the Customer being entitled only to a refund of the price paid;
– of any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for products purchased on the site www.verzen.it.
Without prejudice to cases of willful misconduct or gross negligence, it is hereby agreed that, should it be established that the Seller is liable to the Customer for any reason whatsoever – including the case of total or partial non-fulfillment of its obligations to the Customer as a result of the execution of an order – this may not exceed the price of the products purchased and for which the dispute has arisen and, for delays in delivery, the amount of shipping costs incurred by the Customer.
Article 7 – COMMUNICATIONS.
The Customer consents to the use by the Seller of tools such as Electronic Mail or automated calling systems even without the intervention of an operator.
Article 8 – RIGHT OF PROPERTY OF THE GOODS.
Title to the Products offered on the Site shall pass to the Customer after full payment for the Products or their delivery, whichever is last, subject to the choice of delivery requested by the Customer by a method not suggested by the Seller. Risk of breakage of the Products shall pass to the Customer upon delivery.
Art. 9 – RIGHT OF WITHDRAWAL (Legislative Decree 206/05 – Art. 52 and 54 Consumer Code.)
The CONSUMER Customer may exercise the right of withdrawal if:
– communicates the cancellation of the order by e-mail to info@verzen.it within 24 hours of order confirmation;
– not being satisfied with the purchase made, undertakes to return the products received.
The right of withdrawal must be exercised, under penalty of forfeiture, within 14 days of receipt of the products, by documented notice including but not limited to registered letter A.R. to:
Soc. Agric. Menini Renzo Davide e Al.L.s.s |Via Verzen 6 – 37030 Mezzane di Sotto (Verona) Italia.
Said communication may be anticipated by e-mail to info@verzen.it, however within the same timeframe, and must contain the data necessary to identify the order, the willingness to renounce the purchase and the product or products for which it is intended to exercise the right of withdrawal.
The Products in relation to which the withdrawal has been exercised must be returned within 15 days of receipt of the return authorization email, properly packed in their original packaging, in perfect condition (not ruined, damaged or soiled) to the same address as above.
The refund procedure will be activated once the correct compliance with the above terms and conditions has been verified and the Customer will receive a communication validating the return.
The amount related to the returned goods will be refunded in the shortest time possible and in any case within fourteen days after validation.
In the event that there is no correspondence between the recipient of the Products and the person who made the payment for the purchase, the refund of the amounts will be made in any case, against the person who made the payment.
The only costs to be borne by the Customer for the exercise of the right of withdrawal are the direct costs of shipping and returning the products.
If the terms and conditions for the exercise of the right of withdrawal were not met, the Customer will not be entitled to a refund of the sums already paid.
It will still be possible to re-obtain, at the Customer’s expense, the Products in the state in which they were returned to the Seller.
Otherwise,the Seller may retain the Products, in addition to the sums already paid for their purchase.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL- ARTICLE 59 Consumer Code.
(a) service contracts after full performance of the service if performance has begun with the consumer’s express agreement and acceptance of the loss of the right of withdrawal following full performance of the contract by the trader;
(b) the provision of goods or services whose price is linked to fluctuations in the financial market that the trader cannot control and that may occur during the withdrawal period;
c) the supply of custom-made or clearly personalized goods;
d) the supply of goods that are liable to deteriorate or expire rapidly;
e) the supply of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery
f) the supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
g) Goods have not been delivered due to the Customer’s absence from the place of delivery and upon collection are found to be altered or deteriorated due to the delay caused by the Customer.
Article 10 – GUARANTEES AND METHODS OF ASSISTANCE.
The products marketed are of high quality, the Seller offers a limited warranty from the expiration date of the product. In case of imperfections or anomalies not to be explicitly attributed to the Seller given the very nature of the products offered in the catalog, the Customer may contact the mill directly.
Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by goods purchased through www.verzen.it. is excluded.
Article 11 – BUYER’S OBLIGATIONS.
The Customer undertakes, once the purchase procedure provided by the site www.verzen.it has been completed, to print and keep these general conditions, which, moreover, will have already viewed and accepted as an obligatory step in the online order shipment phase.
This is in order to fully satisfy the condition set forth in Art.
Art. 1321 Civil Code (Constitution of the Contract)
Art. 1326 Civil Code (Conclusion of the Contract)
D.LGS. 70/2003 Consumer Code D.Lgs.
D.LGS. 206/2005 (as amended D.Lgs.21/2014)
It is strictly forbidden for the Customer to enter false, and/or invented, and/or fictitious data in the registration procedure necessary to activate towards him/her the process for the execution of this contract and its further communications; personal data and e-mail must be exclusively his/her own real personal data and not of third persons, or fictitious.
It is expressly forbidden to enter data of third persons.
Underage persons are also prohibited from making registrations.
The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
Article 12 – PROMOTIONS
Promotions offered on www.verzen.it are valid while stocks of the Products last and within the purchase limits indicated on the site. Promotions cannot be combined. Promotional Products may be delivered in promotional packages, different from those published on the site.
Article 13 – TRANSFER AND PROCESSING OF PERSONAL DATA.
Personal data are collected for the purpose of registering the Customer and activating in his regard the procedures for the execution of this contract and the necessary communications; these data are processed electronically in compliance with the laws in force and may be produced only at the request of the judicial authority or other authorities authorized for this purpose by law. Personal data will be communicated to parties delegated to carry out the activities necessary for the execution of the contract entered into and disseminated exclusively within the scope of this purpose. The data subject shall enjoy the rights under EU Regulation 679/2016 with reference to the right to privacy.
Article 14- DISPUTES.
For any unresolved dispute between the parties, the Consumer’s place of jurisdiction shall have exclusive jurisdiction.
Article 15 – CONFIRMATION OF THE PRESENTATION OF THE TERMS OF SALE.
he computer system relating to the completion of the order is such as to prevent the confirmation and validation of the same in the absence of an explicit command given by the Buyer and aimed at confirming that the Buyer has read these GENERAL CONDITIONS OF SALE.
Important Note: The most up-to-date revision of the General Conditions, will be the one which, at the time the Customer signs his order, will govern that order; therefore, the Customer is requested to print and keep a copy of these GENERAL CONDITIONS OF SALE for his future reference, and to check subsequently for any changes to the one printed by him.
Article 16 – Applicable Law
Contracts entered into online by the Customer at www.verzen.it are governed by Italian law. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in the contract entered into online by the Customer with the Seller shall apply.
UNFAIR TERMS
Pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code, specific approval of the following clauses is requested:
Art. 3 – Prices and Shipping
Art. 4 – Deliveries
Art. 6 –Limits of Liability
Art. 7 – Communications
Art. 9 – Right of Withdrawal
Art. 10 – Guarantees and Assistance
Art. 11 – Buyer’s Obligations
Art. 14 –Disputes
Art. 15 – Confirmation of the Acknowledgement
Article 16 – Applicable Law