(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
Index
- Introduction and effectiveness of the General Terms and Conditions of Sale
- Product Information
- Methods of delivery
- Payment and Invoicing
- Transport and delivery
- Termination of the purchase contract
- Free return in case of exercising the right of withdrawal
- Order cancellation, postponement or change of shipping address
- Warranty and conformity defects
- Errors and limitations of liability
- Complaints
- Online consumer dispute resolution (ODR)
- Applicable law and jurisdiction
1. Introduction and effectiveness of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as "General Terms and Conditions") have as their object the regulation of the distance sale of products and services made available, via the Internet, on the site www.amarettivirginia.com (hereinafter referred to as the 'Website") and the related payment and delivery, in accordance with the Italian regulations set out in Legislative Decree 206/2005 as amended and supplemented (hereinafter, "Consumer Code"). The seller of the products and owner of the Site is: Amaretti Virginia s.r.l. S.p.A. with registered office in Località Prapiccinin, 6, 17046 Sassello (Sv), C.F/ P.I. 00827760091, REA: SV - 92464 - PEC Address commerciale@pec.amarettivirginia.com (hereinafter referred to as 'Amaretti Virginia s.r.l."). The person who accesses the Site to make purchases (hereinafter "Customer") is obliged, before sending the order, to read carefully these General Terms and Conditions - which constitute a binding agreement - made available to him on the Site and which will be available at all times by the Customer also through the link contained in the confirmation email of each order in order to allow him to reproduce and save them. Contracts concluded with Amaretti Virginia s.r.l. through the Site are governed by these General Conditions in compliance with Italian law. The characteristics and price of the various products on sale on the Site (hereinafter "Product" o "Products") are shown on the page for each Product. In order to purchase Products, the Customer shall fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the Shopping Cart and, after having read these General Terms and Conditions and the Privacy Policy and confirmed their acceptance, shall enter the shipping and invoicing data, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and fully accepts these General Terms and Conditions and the transcribed payment terms, as well as the Privacy Policy. The contract between Amaretti Virginia s.r.l. and the Customer must be considered concluded with the acceptance of the order by Amaretti Virginia s.r.l.. Such acceptance will be communicated to the Customer through an email confirming the order itself containing a reference to these General Conditions, the order number, the shipping and invoicing data, the list of Products ordered with their essential characteristics, the total price - including delivery charges - and the method of payment used. The Customer shall check the confirmation email and if he/she identifies any errors in the order (billing or shipping address, contact information or the like) he/she shall have a pre-established time limit from the receipt of such email to contact Customer Service directly from the Site using the appropriate contact form in the Customer Service area. This time limit shall be 12 hours. Under no circumstances will it be possible to accept requests to change the contents of the shopping cart. Once this time limit has elapsed, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights under Article 7 below. Upon receipt of the order Amaretti Virginia s.r.l. reserves the right to check the actual availability of products ordered; in the event that one or more products are not available, Amaretti Virginia s.r.l. will notify the Customer. If he prefers, the Customer can select a different option: at the Shopping Cart he can in fact opt to have the product replaced with a similar one, to remove the missing product from the order or - if this option is available - to be contacted by Amaretti Virginia s.r.l. for the proposal of alternatives. It is understood that such options are only available for certain Products. If one or more products are missing, Amaretti Virginia s.r.l. will not charge the relevant price. If payment for the order has been made by bank transfer, the refund will be made in the manner described in point 5.3 of these General Conditions.3. Product Information
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in graphics, colour and size. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail. Product prices are inclusive of all taxes and duties. All prices are in Euro.4. Methods of delivery
Amaretti Virginia s.r.l. delivers purchases only in the manner and areas specified on the Site on the basis of the zip code/province entered, therefore it assumes no responsibility and does not guarantee delivery for any incorrect addresses not covered by the specific service.4.1 Standard delivery in Italy
Delivery costs are displayed directly at the checkout (in Euro and including VAT), before the order is confirmed. In Italy, for orders up to 50 Euro the cost charged is 9.90 Euro; for orders over 50 Euro the delivery will be free of charge.4.2 Standard Delivery Abroad (EU countries)
Delivery costs are displayed directly at the checkout (in Euro and including VAT), before the order is confirmed. In EU countries, for orders up to EUR 100 the charge is EUR 12.90; for orders over EUR 100 the charge is EUR 5.90.5. Payment and Invoicing
5.1 Payment Methods
The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal, Satispay, Google Pay, Apple Pay and bank transfer (only in Italy and EU countries). To ensure maximum security of transactions, Amaretti Virginia s.r.l. does not store the Customer's payment data.Credit Card
The circuits on which it is possible to purchase within the Site, via the NEXI gateway, are:- Visa, Visa Electron, V-Pay, MasterCard, Maestro, American Express, JCB and UPI
Paypal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment using his/her account, a card (even a prepaid card) or in any case according to the methods accepted by PayPal and in compliance with its conditions.Satispay
Once the order has been confirmed, the Customer will be redirected to the Satispay website where he/she can make the payment using the QR code that will be displayed (via his/her app), or by entering the number of his/her mobile phone connected to the Satispay account, or in any case in accordance with the modalities accepted by Satispay and in compliance with its conditions.Google Pay
Using the mobile version of our site, the Google Pay button will also be available: once the order is pressed and confirmed, the Customer may make the payment using a card (even a prepaid card) or in any case in accordance with the methods accepted by Google Pay and in compliance with the relevant conditions.Apple Pay
Using the mobile version of our site, the Apple Pay button will also be available: once the order is pressed and confirmed, the customer can make the payment using a card (even a prepaid card) or in any case according to the terms accepted by Apple Pay and in compliance with its conditions.Bank transfer
Payment by bank transfer is only available for orders placed in Italy and EU countries and is displayed among the payment options at checkout only in such cases. The Customer must make the transfer within 3 days of the order date for orders relating to Products. If payment is not made within 3 days, the order will be cancelled.Transfer data:
c/cAmaretti Virginia S.R.L. IBANIT93 L030 6910 6001 0000 0069 360 BIC/SWIFTBCITITMM Bank: Intesa San Paolo CausaleThe Customer shall indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email.5.3 Refunds
In the event of a refund, this will be made using the same method of payment used by the Customer for the order, unless the Customer has expressly requested a different method. The refund will be made within 10 working days of acceptance by Amaretti Virginia s.r.l.. In case of bank transfer, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank, IBAN). In this case, the refund will be made within 10 working days of receipt of all the information necessary for payment of the sum. The re-credit to the Customer's account will take place within a short time, in accordance with the timeframe provided by the payment method selected or by the bank.5.4 Invoicing of Orders
If the customer so desires, it will be possible to request the issue of an invoice by entering the invoicing data including VAT number, company name if applicable, and (SDI Recipient Code for Italy only). In this case, the invoice will automatically be sent to the customer's tax drawer, according to the law (for Italy). The customer is responsible for the correct input of the invoice data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later.6. Transport and delivery
Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the 'Shipping Data' field. Amaretti Virginia s.r.l. is not responsible for unforeseeable delays or not attributable to it or for any damages, losses, costs, incorrect and/or non-delivery of Products due to force majeure or fortuitous events (e.g. natural disasters, adverse weather conditions, strikes, accidents, etc.). Once the Products have been shipped, the Customer will receive a shipment confirmation email6.1 Active services in Italy
The service includes 2 delivery attempts at the address indicated at the time of ordering. A notice will be left after each step. At the second unsuccessful delivery attempt, or in the case of incorrect address details, the courier will contact the addressee by telephone on the telephone number given at the time of ordering, to arrange delivery. If the courier is untraceable or absent, or if it is not possible to proceed with payment, the goods shall be returned to the warehouse and the Customer shall be charged for the delivery costs of the Products. In no event shall the price charged be reimbursed for Products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as meat, cheese, bread, fish products, cold meats, fruit and vegetables, delicatessen products, etc., or customised products), nor shall the cost of shipping be reimbursed.6.2 Active Services Abroad (EU Countries)
If the Customer wishes to send the goods abroad (EU countries), he/she must simply indicate the exact address complete with postcode. Shipments abroad may be made with different couriers depending on the country of destination. All countries outside the EU are excluded.7. Termination of the Purchase Agreement
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Amaretti Virginia s.r.l. a communication within 14 days from the date of receipt of the Products using the downloadable form HERE (link to form) or, if he intends to exercise withdrawal before having received the Products, notice of withdrawal may be sent at any time prior to their receipt. Such notice shall be sent by e-mail to the address: ecommerce@amarettivirginia.com. The Customer Service of Amaretti Virginia s.r.l. will provide, once received the communication, to open a file for the management of the return and to communicate to the Customer instructions on how to return the Products, which will be via courier indicated by Amaretti Virginia s.r.l. itself.The right of withdrawal is governed by the following conditions:
- The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
- In the event of exercise of the right of withdrawal, Amaretti Virginia s.r.l. will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to the right of Amaretti Virginia s.r.l. to suspend payment of the refund until actual receipt of the goods. The refund will be made in the manner described in point 5.3 of these General Conditions.
- Also in order to be able to guarantee the gratuitousness of the return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
- In addition to the cases indicated in the Foreword (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- order of customised or clearly customised products;
- order of products that are liable to deteriorate or expire rapidly;
- order of sealed Products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.
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