INTRODUCTION
ART. 1
These General Conditions of Online Sale, applicable to web transactions managed through the website www.latorrefazione.it (hereinafter the "Website"), govern the sale of goods and/or services promoted online by the company LATORRE S.R.L. (hereinafter the "Seller"), with registered office in Case Sparse Serraglie, no. 101 - 25080 Manerba del Garda (BS), registered with the Brescia Chamber of Commerce, Industry, Crafts and Agriculture, REA BS-524204 C.F./P. IVA 03322340989 with the following Certified Electronic Mail address: latorre.srl1@legalmail.it Telephone: +39.0365.654389, e-mail: info@latorrefazione.it
ART. 2
DEFINITIONS
E-Commerce Contract
An E-commerce Contract (hereinafter the “Contract”) means a sales or service contract under which the seller, or its intermediary, offers goods or services via a website, or other electronic means, and the Purchaser (consumer), places an order for such goods or services on such website, or via other electronic means arranged by the Seller. For this, as well as for the following two definitions, please refer to EU Regulation UE 524/2013.
Sales contract
‘Sales contract’ means any contract under which the seller transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof; (EU Regulation 524/2013, art. 4)
Service contract
‘Service contract’ means any contract other than a sales contract under which the seller supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof; (EU Regulation 524/2013, art. 4)
Consumer code
Reference legislation for consumer protection, dictated by Legislative Decree No 206 of 6 September 2005, as last amended (hereinafter, for brevity, the "Consumer Code"). To consult the Legislative Decree in its current version, please refer to the following site: Consumer code.
Purchaser
The term Purchaser refers to the consumer, or any natural person who is acting for purposes which are outside their trade, business or profession; (see art. 3, letter a, Consumer Code).
Seller
The expression Seller means any natural or legal person who is acting for purposes related to his trade, business or profession, or his intermediary; (see art. 3, letter c, Consumer Code).
Producer
The Producer is the manufacturer of the finished product or a part thereof, or a producer of the raw materials. Farmers, breeders, fishermen and hunters are all considered producers of their respective goods (see Art. 115(2-bis) of the Consumer Code).
Conformity with the contract
Consumer goods are presumed to be in conformity with the contract if, where appropriate, the following circumstances exist:
i) they are fit for the purposes for which goods of the same type are normally used;
ii) they comply with the description given by the trader and possess the qualities of goods which the seller has held out to the consumer as a sample or model; iii) they show the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or their representative, particularly in advertising or on labelling; iv) they are fit for any particular purpose for which the Consumer requires them and which he made known to the seller at the time of conclusion of the Contract and which the seller has accepted, also implicitly; (see Art. 129, para. 2, Consumer Code)
Defective Products
A product is defective when it does not provide the safety which one can reasonably expect, taking all circumstances into account, including: a) the way in which the product was distributed, its packaging, evident features, instructions, and warnings supplied; b) the use to which the product can reasonably be put and the life cycle which the product can be
reasonably expected to undergo; c) the period during which the product was distributed. A product cannot be considered defective simply because a better one has been marketed at some stage. A product is defective if it does not offer the safety normally offered by other samples from the same range. (see Art. 117, Consumer code).
GOODS AND/OR SERVICES OFFERED ONLINE
ART. 3
CONTRACT
3.1 Under the Contract, the Seller sells and the Consumer purchases, using telematic means, the goods and/or services offered on the Website.
3.2 The aforementioned goods and/or services are available on the Website, on the web page www.latorrefazione.it which reproduces the catalogue of goods and/or services promoted online by the Seller. These goods and/or services are depicted and made visible on the Website in an accurate manner that corresponds to their characteristics. However, the Seller cannot guarantee a precise and exact correspondence between the real consistency of the goods and/or services promoted online and their representation on the Purchaser's screen. In the event of any discrepancies between the image of the goods and/or services presented online and the relevant information sheet, which has been drawn up in writing, only the latter shall be deemed authentic.
ART. 4
AVAILABILITY OF GOODS
4.1 The Seller ensures, through a digital system, the processing and execution of the order without delay, according to the procedures referred to in Article 5 of these General Conditions of Online Sale. To this end, the Seller's electronic catalogue will indicate in real time the goods available and those not available, as well as the estimated time for their shipment. The aforementioned digital system will confirm the registration of the order in the shortest possible time, sending the Purchaser specific confirmation by e-mail (so-called Order receipt).
4.2 If an order should, in any case, exceed actual stock availability, or should be unavailable for other reasons, the Seller, by e-mail or telephone, shall promptly inform the Purchaser of the unavailability of the goods in question and, if possible, the waiting time for obtaining them, asking for the order confirmation again according to the different times indicated by the Seller.
CONCLUSION AND PERFORMANCE OF THE CONTRACT AND RELATED PROCEDURES
ART. 5
CONCLUSION OF THE CONTRACT
5.1 The Contract between the Seller and the Purchaser shall be concluded exclusively through the Website.
The Contract between the Seller and the Purchaser shall be deemed to be concluded with the acceptance of the order by the Seller. Such acceptance is considered tacit unless otherwise communicated by any means to the Purchaser after the order has been checked by the Seller
By placing an order, the Purchaser declares that he has read and fully accepts the general conditions of sale and payment set out in this document.
5.2 The order will be acknowledged by the Seller with an immediate automatic receipt sent to the Purchaser's e-mail address for the sole purpose of confirming its receipt in the Seller's digital system. This receipt message, with an attached "Order Number" to be used in the following communications with the Seller, will show, in addition to the information required by law, all the data that the Purchaser will check again, promptly informing the Seller of any corrections. Even after the Seller's automatic reply has been sent, if the prices or other characteristics of the goods and/or services promoted through the Website are found to be incorrect, such as the unavailability of the goods requested by the Purchaser, the Seller shall promptly inform the Purchaser, inviting them to place a new order, adjusted as per the latest indications, if they are still interested.
The Contract between the Seller and the Purchaser will be concluded with the acceptance of the order by the Seller. The Seller is entitled to accept or reject the order sent by the Purchaser, without the Purchaser being entitled to any rights and/or claims whatsoever, for any reason whatsoever, including compensation, for non-acceptance of the order. The Supplier's acceptance may also be considered as tacit, unless otherwise communicated to the Purchaser - within 48 hours of sending the order - by e-mail sent to the Purchaser's e-mail address.
5.4 Upon receipt of payment for the goods/services requested, the Seller shall issue the relevant tax document.
5.5 The Contract shall not be concluded and shall have no effect if the procedure set out in this article is not followed.
5.6 In the event of any error or misprint in filling in the online format or, more generally, in the execution of the purchasing procedures prepared by the Seller, the Purchaser is invited to contact, without delay, the following telephone numbers/e-mail Phone: +39.3479112511 mail: info@latorrefazione.it
ART. 6
OBLIGATION OF PAYMENT
6.1 The Purchaser undertakes to pay the price requested for the goods and/or services purchased online, according to the times and methods indicated on the Website.
6.2 The sale prices of the goods and/or services offered on the Website are expressed in Euro.
6.3 Prices are inclusive of VAT and all other taxes. Shipping costs, as well as any possible additional charges, even if they are not included in the sale price, shall be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation, and punctually specified in the order summary (order receipt).
ART. 7
PAYMENTS AND REFUNDS
Reference to the Refunds page of this website
ART. 8
DELIVERY OF GOODS
Reference to the Shipment page of this website
ART. 9
ORDER FILLING
9.1 Pursuant to art. 12 of Legislative Decree. 70/2003, as well as Articles 50-51 of the Consumer code, the Purchaser is hereby informed that all orders sent online will be stored and archived in digital and/or paper format from the Seller, in accordance with adequate criteria of confidentiality and security. For any copies or other requests in this regard, the Purchaser is invited to contact the Seller at the following address info@latorrefazione.it
9.2 The Purchaser is invited to store on their device, in a suitable digital format, both the order receipt sent by the Seller and these General Conditions of Online Sale, printing them in any case.
WITHDRAWAL, WARRANTIES AND LIMITATIONS OF LIABILITY
ART. 10
RIGHT OF WITHDRAWAL
Reference to the Shipment page of this website
ART. 11
LIMITATION OF LIABILITY
11.1 The Seller shall not be responsible for the failed or delayed performance of the Contract if this is due to inefficiencies attributable to force majeure, unforeseeable circumstances or in any case not attributable to the Seller. Except for the cases referred to in Article 1229 of the Civil Code, no compensation shall be due to the Purchaser, who will only have the right to full refund of the price and any additional charges paid.
11.2 The Seller, having demonstrated that all possible precautions have been taken based on ordinary diligence, experience and the best science of the moment in terms of the security of online transactions, assumes no responsibility for any fraudulent, illegal or irregular use of credit cards or other means of payment, attributable to the Purchaser's wilful or negligent conduct with respect to the obligations of safekeeping and timely information to the issuer of the aforementioned means of payment.
ART. 12
TERMINATION OF CONTRACT
12.1 The payment on time pursuant to Art. 6.1 of these General Conditions of Online Sale, as well as the payment of any further charge and/or commitment pursuant to Art. 6.3 below, are essential.
12.2 Unless justified by unforeseeable circumstances or force majeure, the non-fulfilment of the aforementioned obligations will lead to the automatic termination of the Contract pursuant to art. 1456 of the Italian civil code, without the need for a judicial decision.
OTHER INFORMATION
ART. 13
COMMUNICATIONS AND COMPLAINTS
13.1 For any communication and/or informal request directed to the Seller, please contact the following numbers: Phone. +39.0365.654389 – e-mail: info@latorrefazione.it . Written communications addressed to the Seller, as well as any complaints by the Purchaser, shall be valid only if sent by registered letter with return receipt to the following address: Latorre srl, Via Case Sparse Serraglie, 101 - 25080 Manerba del Garda (BS), or by e-mail to info@latorrefazione.it
13.2 When registering on the Website, or at the latest in the order confirmation form, the Purchaser shall indicate their residence or domicile, their telephone numbers and the e-mail address to which the Seller's communications will be sent.
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ART. 14
INTERNATIONAL ACCESSIBILITY/USABILITY
14.1 The Website and its services are available in Italian, English and German.
14.2 These General Conditions of Online Sale are available in Italian. If they are translated into other languages, the only authentic version will be the Italian one. As regards only the mandatory rights referred to in Article 14.3, regardless of the authentic language, the interpretation most favourable to the final consumer Purchaser shall prevail in any case.
ONLINE DISPUTE RESOLUTION - APPLICABLE LAW AND COMPETENT COURT
ART. 15
ONLINE DISPUTE RESOLUTION (ODR)
15.1 In accordance with EU Regulation 524/2013 the Purchaser is informed of the right to refer the resolution of any dispute with the Seller, regarding the offer and purchase of goods and/or services promoted online, to ADR (Alternative Dispute Resolution) bodies, through simple, fast and inexpensive web-based procedures (so-called ODR, Online Dispute Resolution).
15.2 For any information on the aforementioned ODR procedures, please visit the following site: Online Dispute Resolution.
ART. 16
APPLICABLE LAW AND COMPETENT COURT
16.1 Given the personal use of the Website, unrelated to commercial purposes, any dispute between the Seller and the Purchaser relating to the Contract shall be governed by Italian law and administered, unless derogated, by the courts of the Seller's place of jurisdiction. The Purchaser is in any case guaranteed the rights conferred on him by the mandatory consumer protection regulations in force in the country of their residence and/or domicile.
16.2 For the reference rules concerning the competent court and the law applicable to the Contract, reference is made to the Consumer code, to EU Regulations 1215/2012 and 593/2008, as well as to Law 218/1995.
