General conditions of Sale
The D.T.S. DOLCIARIA SRL (hereinafter, for the sake of brevity, the Company) – VAT number 05040960873 – (telephone 095 918970, fax 095 7053175, Email email@example.com, is based in Belpasso (CT), Via A. Ascari, 32.
Through its website www.cannolidisicilia.it (hereinafter referred to as the Website) the Company sells carefully selected confectionery products (hereinafter referred to as the Products) via an online sales service.
These General Conditions of Sale are applied to all those who make purchases through the Site. In the event of a change in the General Conditions of Sale, those published on the site at the time the purchase order is sent will apply.
By placing the purchase order, the customer confirms that he has read and accepted all these Terms and Conditions, that he is of age and fully capable.
The essential characteristics of the Products and their price are shown in each product page on the Site. The price indicated in the product page at the time the order is sent is applied to the Products. Delivery costs, also indicated in the product page, are always charged to the customer.
The order sent by the customer constitutes a proposal to purchase the Products chosen from the Site and is governed by these Terms and Conditions. The contract will be considered concluded only when the proposal is accepted by the Company by sending an acceptance e-mail to the customer. The order and the receipt are considered received when the parties to whom they are addressed have the possibility of accessing them.
In the event that at the time of receipt of the single order the Products ordered are not available, the customer will be sent an email of non-acceptance of the order and the price paid will be returned in the same manner used for the purchase.
The purchase methods are as follows:
The payment methods are as follows:
- Credit cards through the PayPal circuit;
- Cash on delivery.
Payment must be made within 5 days from the date the order was placed. Once this deadline has passed, the order will be deemed automatically canceled.
In case of cancellation of the order by the Customer, in case of non-acceptance of the proposal by the Company and in case of return of the Product which should actually be defective, the competent credit institution will be asked to cancel the transaction and this will do it according to its own timing for which the Company cannot be held responsible.
The delivery time for the products is 3 days from receipt of payment by the customer.
Delivery will be made by courier to the address indicated by the customer. The Company charges the customer for any additional cost due to changes to the delivery address not promptly communicated.
If the Customer, understood as the final Consumer, refuses to receive or is unable to receive the delivery of the Products in accordance with the provisions of these General Conditions of Sale, all risks associated with the loss or damage of the same will in any case be borne by him. . In this case, the company may cancel the order and dispose of the Products, without prejudice to its right to compensation for the damage caused by the Customer.
Pursuant to the provisions of Legislative Decree 206/2005, the right of withdrawal is allowed only for non-perishable products to final consumers only or to natural persons who act outside their professional activity; is attached under Annex 1. to these General Conditions of Sale, the information relating to the right of withdrawal and the model withdrawal form for the case in which the consumer intends to exercise this right using the form.
It is the Customer’s responsibility to proceed with the verification of the Product at the time of delivery and to verify its conformity with what results from the Product Sheet; in the event that the packaging and/or Products are damaged, the customer must proceed with the immediate dispute by placing a written control reserve on the courier’s document certifying delivery, specifying the reason for the reserve, and simultaneously notify the Company.
The legal guarantee of conformity provided for by articles applies to the Products covered by these Terms and Conditions purchased by a Consumer. 128 and following of Legislative Decree 6.9.2005 n.206 and for customers who do not qualify as Consumers, the guarantees referred to in articles 1476 and following of the Civil Code
In the event that the delivered Product is actually faulty, the Customer must return it directly to the Company without tampering with it or adulterating it, making sure that it is returned in the best conservation conditions so that it can be controlled by the manufacturer; the Company will return the price, subject to confirmation by the manufacturer that the same is really such.
Any communication sent in relation to these Conditions of Sale must be made by registered letter with return receipt to the following address: Via A. Ascari, 32 – 95032 – Belpasso (CT), or by email where these General Conditions of Sale provide for it.
Complaints must be sent to the following email address firstname.lastname@example.org or by registered letter with return receipt to the following address Via A. Ascari, 32 – 95032 – Belpasso (CT).
The sales contract between the Customer and the Company is understood to be concluded in Italy and governed by Italian law.
In relations between the Customer and the Company, the parties can initiate out-of-court settlement procedures for the settlement of disputes also electronically
Annexes to the Terms and Conditions
Information relating to the exercise of the right of withdrawal – pursuant to article 49, paragraph 4, Legislative Decree no. 206/05
The Consumer has the right to withdraw from the contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods. To exercise the right of withdrawal, the Consumer is required to inform the Company of his decision to withdraw from this contract through an explicit declaration sent by registered letter with acknowledgment of receipt.
For this purpose you can use the model withdrawal form attached to this Information, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the right of withdrawal.
Effects of withdrawal: if the Consumer withdraws from a contract stipulated under these Terms and Conditions, he will be refunded all the payments he has made to the Company, with the exception of delivery costs, without undue delay and in any case no later than 14 days from the day on which the Company is informed of the Consumer’s decision to withdraw from the contract entered into with it. These refunds will be made using the same payment method used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event he will not incur any costs as a result of such reimbursement.
The refund may be suspended until receipt of the goods or until the Consumer demonstrates that he has returned the goods, whichever is earlier.
The Consumer must return the goods or deliver them to the Company at the address in Via A. Ascari, 32 – 95032 – Belpasso (CT), without undue delay and in any case within 14 days from the day on which the Consumer communicated his withdrawal from the contract stipulated with the Company. The deadline is met if the Consumer sends back the goods before the 14-day period has expired.
The direct costs of the return will be borne by the Consumer.
The Consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal form – pursuant to article 49, paragraph 1, lett. H) Legislative Decree n.206/05 (fill in and return this form only if you wish to withdraw from the contract)
E–mail address ________________
I/we hereby notify the withdrawal from my/our sales contract of the following products: ___________________
Ordered on (date of purchase) __________________and received on _______________
CONSUMER(S)’s FULL NAME
CONSUMER(S)’s FULL ADDRESS