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General Sales Conditions
§. 1 General provisions
The user, surfing in this area, access to www.bellatradizione.com. The surfing and the transmission of a purchase order through the website entail the acceptance of the Conditions and of the Policies about the Data Protection adopted by the website and here indicated.
These General Sales Conditions are applied at the sale of products with an exclusive reference to the purchases carried out on the website www.bellatradizione.com in accordance with the dispositions of the Part III, Title III, Head I, Consumption Code (Legislative Decree n. 206/05 changed by the Legislative Decree n. 21/14 and Legislative Decree 70/03) from:
company: Soc. SMC di Capella Edda e C. snc
Head-office: Viale Europa n° 01 – 43041 Bedonia (PR)-ITALY
registered in the Business Register
with the number: PR 233321
Before to access at the products shown on the website, the user must read these General Sales Conditions, which are generally and unequivocally accepted when purchasing.
We invite to download and print a copy of the purchase order and of these General Sales Conditions, which terms can be unilaterally modified by soc. SMC di Capella Edda e C. snc, without a notice.
It is possible to use the website, and so to access at the products supplied by the same and at the purchase in the following languages:
Italian
English
French
§. 2 Object
These General Sales Conditions discipline the offer, the sending and the acceptance of the purchase orders of products on this website, and they don’t discipline the supplying of services or sale of products from subjects different from the seller, which could be present on the same website through links, banner or other hyperlinks.
Before to send the orders and to buy the products or services from different subjects, we suggest verifying their sales conditions.
§. 3 Conclusion of the contract
To conclude the purchase contract, it will be necessary to fill out the form: purchase form in electronic format and it must transmitted following the instructions.
In the form, there is link related to this General Sales Conditions, the images of each product and its price, the available payment methods, the delivery terms of the purchased products and the shipping and delivery costs. There is also a link for the conditions about the exercising of the withdrawal right; the methods and times for the return of the products.
Before to conclude the contract, it will be necessary to confirm the occurred reading of the General Sales Conditions inclusive of the policy for the withdrawal right and the processing of personal data.
The contract is concluded when the seller receives the purchase form, upon verification of the correctness of the data contained in it.
The buyer will be obliged to pay the price when the online procedure for the forwarding of the order will be concluded. This will be done clicking on the button: conclude the order at the end of the wizard.
§. 4 Registered users
To complete the registration procedures, the user is obliged to follow the indications published on the website and to give his personal data in a correct and true way.
In any case, the confirmation will exempt _________ from all responsibility about the data given by the user. The user is obliged to inform at the right time __________ of any change of his data communicated at the time.
If the user will communicate the incorrect or incomplete data, or in the event of a dispute from the concerned people about the payments made, ________ will have the right not to activate or to suspend the service until the regularisation of the lacks of money.
During the first activation demand of a profile from the user, __________ will attribute him an username and a password. He recognizes that these identifying marks are the validation system of the user’s accesses to the services and that this is the only system suitable for identifying the user, and that the actions, carried out through this access, will be attributed to him, and they will be become mandatory for him.
The user is obliged to keep the secrecy of his login data and to keep them with the due care and diligence and not to give them to third parties, also temporarily.
§. 5 Products availability
The products availability is referred to the effective availability when the buyer carries out the order. In any case, this availability must be considered only indicative because, as result of the contemporary presence on the website of more users, the products could be sold to other customers before the confirmation of the order.
After the sending of the confirmation email of the order could happen the partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the product not available and the buyer will be immediately informed by email.
If the buyer asks for the cancellation of the order, annulling the contract, soc. SMC di Capella Edda e C. snc will refund the paid amount within 25 days starting from the moment when soc. SMC di Capella Edda e C. snc knows the buyer’s decision to cancel the contract.
§. 6 Products offered
soc. SMC di Capella Edda e C. snc sells:
typical and international food products
The offer is detailed at the page www.bellatradizione.com/shop/
§. 7 Payment methods and prices
The prices of the products will be indicated from time to time, save where there is an evident error.
In the event of error, soc. SMC di Capella Edda e C. snc will inform the buyer as soon as possible, permitting the order confirmation at the right amount, or the cancellation. However, there isn’t for soc. SMC di Capella Edda e C. snc the obligation to supply the products sold to a lowest price mistakenly indicated.
The prices on the website are VAT included. They don’t include the shipping costs. The prices could be subject to change at any time. The changes don’t concern the orders for which an order confirmation was sent.
Once the products are selected, they will be added to the cart. It will be enough to follow the instructions for the purchase, inserting or verifying the information required at every step of the procedure. The order details could be changed before the payment.
The payment can be carried out through: Paypal, Bank Transfer, Check, COD, Cash, Money order, Credit Card. The accepted credit cards are the following:
Visa
MasterCard
American Express
§. 8 Delivery
soc. SMC di Capella Edda e C. snc delivers in the following geographic areas: World.
The delivery is carried out as stated in the purchase form within the date indicated on it, if it isn’t specified the delivery date, within the estimated term when the delivery method is selected and, in any case, within the maximum term of 30 days from the date of the confirmation.
If there will be not possible to deliver, the order will be sent to the warehouse. In this case, a notice will clarify the place where the order is and the ways useful to agree a new delivery.
If the customer can’t be present in the place of delivery at the scheduled time, we will ask him to contact us again to agree a new delivery date.
If the delivery can’t be carried out for reasons beyond of our control, after 30 days from the date when the order is available for the delivery, we will assume that the customer wants to cancel the contract.
As a result of the cancellation, the amounts will be refund, including the delivery costs, but with the exclusion of possible additional costs resulting from the choice of a delivery method different from the usual one without unjustified delay and, in any case, within 30 days from the date of the cancellation of the contract. The transport resulting from the cancellation of the contract could have additional costs which shall be borne by the buyer.
The shipping costs are to be borne by the buyer, and they are expressly published when he carries out the order.
§. 9 Transfer of risk
The risks of the products will be transferred to the buyer starting from the delivery. The property of the products will be gained as soon as we will receive the complete payment of all due amounts in relation to the same, including the shipping costs, or at the delivery, if this will happen at a later date.
§. 10 Guarantee and commercial conformity
The seller is responsible for any fault of the products offered on the website, including the non-conformity of the articles to the ordered products, in accordance with the provisions of the Italian law.
If the buyer drew up the contract as consumer or any natural person which acts on the website for purposes extraneous from the business and professional activity carried out, this guarantee is valid provided that the fault will show within 24 months from the delivery date of the products; the buyer must send an official claim with regard to the faults within a maximum of 2 months from the date during which he finds the fault; he must also fill out the online form for the return.
In the event of failed conformity, the buyer, which drew up the contract as consumer, will have the right to obtain the conformity restoration of the products without further costs, and through the repairing or substitution, or he can obtain a suitable reduction of the price or the contract cancellation about the contested products and the consequent repayment of the price.
§. 11 Withdrawal
According to the actual legal provisions, the buyer has the right to withdraw from the purchase without penalties and without clearly stating the reason, within 14 days in accordance with the article 57 of the Legislative Decree 206/2005 starting from the delivery date of the products.
soc. SMC di Capella Edda e C. snc widens this term from 14 to 17 days, so it will be possible for the buyer to withdraw from the purchase contract until the expiry of this term starting from the day after the delivery date of the products bought online.
In the event of multiple purchases carried out by the buyer with a unique order and separately delivered, the terms of 30 days starts from the delivery date of the last product.
The buyer, which wants to exercise the withdrawal right, must inform soc. SMC di Capella Edda e C. snc through an explicit declaration that it could be sent through recorded delivery or by logging at the section: info@supermercatosmc.it on the website with the creation of a dossier.
The buyer must exercise the withdrawal right also sending an explicit declaration containing the decision to withdraw from the contract or, alternatively, he can send the withdrawal form in accordance with the Annex I, part B, Legislative Decree 21/2014 (not compulsory) which text is quoted here below:
Withdrawal form in accordance with the article 49, subsection 1, letter h)
(to fill out and to send this form only if you want to withdraw from the contract)
Soc. SMC DI CAPELLA EDDA E C. SNC Viale Europa, 1 – 43041 – Bedonia (PR),
phone: 0039.0525824535- fax: 0039. 0525030002
e-mail: info@pec.supermercatosmc.it
Hereby I/we (*) notify the withdraw from my/our (*) sales contract of the following goods/services (*)
– order in date (*) / Received in date (*)
– consumer’s / consumers’ name
– consumer’s / consumers’ address
– consumer’s / consumers’ signature (only if this form is sent on paper)
– date
(*) erase the words not used.
The goods can be returned at any supermarket Metà Bella Tradizione present in Italy, or they can be sent to:
Viale Europa n° 01, 43041 Bedonia (PR) -ITALY clearly stating your will to withdraw from the contract in accordance with the article 57 of the Legislative Decree 206/2005.
The goods must be returned intact, in their original packaging, complete with all their parts and the fiscal documents. Except the power to check the compliance with the rules above mentioned, the website will repay the amount of the products subject of withdrawal within a maximum term of 17 days, including the possible shipping costs.
The costs for the return of the products shall be borne by the CUSTOMER. As provided by the article 56, subsection 3 of the Legislative Decree 206/2005, amended by the Legislative Decree 21/2014, soc. SMC DI CAPELLA EDDA E C. snc can suspend the repayment until the receipt of the goods or until the occurred demonstration by the CUSTOMER that he sent the goods.
The website will carry out the repayment using the same payment method chosen by the buyer during the purchase. In the event of payment through bank transfer, and if the buyer want to exercise his withdrawal right, he must give the bank details: IBAN and SWIFT necessary to carry out the repayment.
§. 12 Data processing
Using the website, the user authorizes the processing of his personal data. The holder of the processing is Marco Mariani. The Data Protection Officer is Marco Mariani.
The data processing is carried out only in electronic form, through the computer instruments and supports able to guarantee the safety and privacy of the data.
The memorized information are protected from non-authorized login.
We go on with the processing of the data supplied by the users about the purchase orders, the payments (which could contain name, address, contact details), IP address, all other data communicated.
Every registration procedure complies with the Legislative Decree 196 dd. 30th June 2003. (“Privacy Code” – Sole Text about the Privacy of the Italian Republic).
The conferring of the data and the approval for the processing for the purposes of the contract, that is the fulfilment of the order and the related payment, it is necessary for the conclusion of the same as well as the execution of the contract, so the refusal to give these data or to give the consent for the processing entails the impossibility for the user to buy the products or services offered.
The conferring of the data and the approval for the processing for commercial communication is optional. Nevertheless, a possible refusal to give the data or to give the consent for the processing could entail the impossibility for the user to receive further services.
The user has always the right to update, correct or to complete his data, or the cancellation, the transformation in anonymous form or the freeze of the data processed infringing rules of law, including the data which don’t need the storage with regard to the purposes for which the data were collected or later processed, the statement that the recipients of the data were informed about the operations, also regarding their content, except when this fulfilment is impossible or it entails a use of means manifestly out of all proportion compared to the protected right.
The user has the right to object, in whole or in part, to the processing of his personal data for justified reasons, although pertinent to the purpose of the collection and to the processing of his personal data in order to send the advertising material or direct sale or for the fulfilment of market researches or commercial communication.
The user can also revoke at any time the approval for the processing of his data, previously given to soc SMC di Capella Edda e C. snc
The request must be sent to:
Soc. smc di capella edda e c. snc
viale europa, 01
43041 Bedonia (PR) -ITALY.
During the first visit, the user must choose his language, and he will have the chance to save the preferred language. For this purpose, the user authorizes the use of identification codes, that is cookies and small files sent from the internet server and registrable on the hard disk of the user’s computer.
The hard disk contains the information about the user’s preferred language and it memorizes the pages visited on the website. The cookies are used to avoid that the user receives the same information again and again or in the wrong language, and to adapt the content and the presentation of the website to the user’s browser.
§. 13 Fullness
These General Sales Conditions are constituted by all clauses composing it. If one or more provisions of these General Sales Conditions is considered not valid or declared like that in accordance with the law, the regulation or as a result of a decision from a court having jurisdiction, the other provisions will continue to be in force and to have effectiveness.
§. 14 Contacts
Every request of information can be sent by email to the following address info@supermercatosmc.it, by phone calling +390525824535 or by post at the following address:
Viale Europa, 01 – 43041 Bedonia (PR) -ITALY
§. 15 Applicable law and competent court
These General Sales Conditions are subjected to the Italian law.
Every dispute, which doesn’t find a friendly solution, will be subjected to the exclusive jurisdiction of the Court of the customer’s place of residence or domicile, if situated on the Italian territory.
In any case, it is possible to use the conciliation procedures in accordance with the Legislative Decree 28/2010, for the resolution of possible disputes arising for the interpretation and execution of these sales conditions accessing the following website: https://webgate.ec.europa.eu/odr .
In particular, if the buyer is a consumer, the possible disputes must be resolved from the Court of his place of residence or domicile in accordance with the applicable law.
These conditions have been written on 18th November 2017
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