GENERAL CONDITIONS OF THE CONTRACT OF SALE OF GOODS SOLD ONLINE. OFFER TO THE PUBLIC PURSUANT TO ART. 1336 CC
These general clauses / conditions can be printed or archived by the customer.
Foreword
These general contract conditions (defined as follows “General
Conditions”) regulate the contractual relationships between users of the website www.isaraceni.it and by The Saracens of Cipullo Antonietta Sas (hereinafter referred to with the same meaning The Saracenso Supplier) and regulate the remote purchase of goods and services via the website accessible at isaraceni.it (hereinafter, the “Site”). Through the website isaraceni.it, I Saraceni sells its property.
1. Details of the supplier / manager of the e-commerce site
The sale of the goods/services covered by these General Conditions is managed by the company I Saraceni di Cipullo Antonietta Sas, with registered office in Cercemaggiore (CB) – CAP 86012– C. from Quartarella, 51, registered with the Campobasso Chamber of Commerce, CF/PI 01715340707.
2. Applicable legislation
These General Conditions are drawn up in compliance with the current regulatory provisions regarding consumer protection, Legislative Decree 06.09.2005, n. 206 ("Consumer Code"), with particular reference to Part III, Title III "Contractual methods", Chapter I "Consumer rights in contracts", Section II "Pre-contractual information for the consumer and right of withdrawal in remote agreements and in contracts negotiated away from commercial premises", as well as the provisions of Legislative Decree 04.09.2003, n. 70 transposing Directive 2000/31/EC (Electronic Commerce Directive), as well as the provisions of Legislative Decree 31.3.1998, n. 114 (“Reform of the regulations relating to Commerce”), as well as with the provisions of EU Regulation no. 1169/2011, (“Mandatory information on foods”) and the relevant national transposition legislation. These General Conditions govern
all sales contracts concerning the goods/services present on the website isaraceni.it, concluded according to the methods described here.
3. Definitions< /p>
3.1 For the purposes of these General Conditions it is meant (without distinction between singular or plural use) the expression:
a) Supplier: the individual company I Saraceni di Cipullo Antonietta Sas, as indicated in the epigraph, which sells the Products or provides the Services offered on the Site, as well as any of its intermediaries, licensees , authorized distributors, resellers, franchisees, or any other natural and/or legal person authorized to market the Product or Service offered for sale on the Site, licensee and/or reseller and/or authorized distributor;
b) Buyer: the customer or natural person consumer (as defined by art. 3 of Legislative Decree no. 206/2005, i.e. the natural person who carries out the purchase for purposes not related to any commercial or professional activity carried out) who purchases the products and/or services on the Site by accepting these General Conditions of Sale;
c) General Conditions: these terms and conditions of sale;
d) Contract: the contract concerning the Products and Services concluded between the Supplier and the Buyer/User within the context of a remote sales or service provision system (therefore, without the simultaneous presence of the parties involved), organized by the Supplier, who for this contract uses exclusively one or more telematic communication techniques until the conclusion of the contract, including the conclusion of the contract itself; this definition also includes that of "sales contract" - i.e. any contract on the basis of which the Supplier transfers or undertakes to transfer ownership of the Products to the Buyer/User and the Buyer/User pays or undertakes to pay the price, including contracts which have as their object both goods and services;
e) Parties: The Saracens and the Buyer/User jointly;
f) Product(s): the goods and services offered for sale on the Site which can be purchased, at the current date and possibly in the future, through the functions and procedures accessible on the same, through the stipulation of the relevant Contract;
g) Professional: the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary;
h) Service(s): the services included in the category of Products, at the current date and possibly in the future, through the functions and procedures accessible on the same, through the stipulation of the relevant Contract;
i) Site: overall, it is the site corresponding to the web address isaraceni.it, domain owned by I Saraceni di Cipullo Antonietta Sas;
j) “Distance communication technique”: any means, including the Site which, without the physical and simultaneous presence of I Saraceni and of the Buyer/User, can be used for the conclusion of the Contract between Parties.
4. Terms and Conditions
4.1 The User is requested to carefully examine these general “online” sales conditions before making the purchase and forward the order, as well as print and keep a paper copy.
4.2 The User who uses the Services offered through the Site declares to have read and accepted these General Conditions as currently in force.
4.3 These General Conditions may be changed and/or modified at any time and without notice, at the sole discretion of I Saraceni < /span>, communicating it to customers via a notice published on the site. Such deletions, additions, modifications and/or changes will be deemed to apply immediately after their publication. I Saraceni assumes no responsibility for suspensions of the Services caused by any cause, even attributable to the Company itself.
4.4 It is the Buyer's responsibility to examine these General Conditions in advance and possibly keep a copy of them before completing the purchase of one or more services. By sending the purchase order confirmation of the Service, the Buyer implicitly declares to have full knowledge of the General Conditions present at that time on the Site and also declares their full and unconditional acceptance and undertakes to observe them, declaring to have acquired all the information provided to him, also acknowledging that I Saraceni does not consider itself bound to different conditions.
4.5 Orders placed before any changes to the General Conditions will be governed by the previous General Conditions of Sale.
5. Acceptance of the general conditions of sale and Registration
5.1 These General Conditions are an integral and essential part of the Contract and their acceptance is a necessary condition for the purchase of the Products through the isaraceni.it website.
5.2 The User who purchases the Products or uses the Services offered through the Site declares to have read and accepts these General Conditions as currently in force and undertakes to observe them, declaring to have acquired all the information provided to him, also acknowledging that I Saraceni does not consider itself bound to different conditions.
5.3 In order to make purchases it is not necessary for the Buyer to register on the Site. However, personal data will be necessary to complete the order. This communication implies knowledge and acceptance of these General Conditions. If you wish to proceed with registration on the Site, this can always be done at any time through the online procedure.
5.4 The Buyer undertakes to communicate his/her personal and demographic data and any
other data required for the correct execution of the order, truthfully and correctly. Furthermore, the Buyer must indicate the e-mail address to which I Saraceni will forward all information and communications relating to the purchase of the Products made through the Site. All information and communications are considered known by the recipient following the aforementioned sending. .
5.5 The Buyer undertakes to promptly update all his/her communicated data and, in particular, his/her email address, so that these are always complete and truthful, indemnifying I Saraceni from any damage or prejudice may arise to the same and/or to third parties due to the falsity, incorrectness and/or incompleteness of the information provided by the Buyer himself.
5.6 Once the procedure for communicating personal data has been completed, the Buyer can proceed to complete the purchase. The data will be processed in accordance with the provisions of the information on the processing of personal data reported on the Site at the following link https://isaraceni.it/policies/privacy-policy.
6. Properties of the Site and Products
6.1 The Site is the property of the Supplier or is permitted to use it.
6.2 The Products and Services offered through the Site are respectively the property of or attributable to the work of the Supplier.
7. Object of the contract
7.1 With this Contract, the Supplier sells and the Buyer purchases remotely via telematic tools the Products or Services that are reported and offered on the isaraceni.it website.
7.2 The Products/Services referred to in the previous point are available on the isaraceni.it web page, which contains the catalogue. The Products are depicted and made visible on the site accurately and corresponding to the characteristics they actually possess. However, I Saraceni is not able to guarantee the exact correspondence to reality in relation to the images and colors as they appear on the User's monitor. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.
8. Product information
8.1 All Products on sale through the isaraceni.it website are accompanied by a descriptive sheet which indicates the essential characteristics of the same and the price, to be understood as inclusive of VAT, and which may be integrated with one or more images of the Product. The images used are for illustrative purposes only.
8.2 All food products are also accompanied by a sheet/label which contains the food data that the law obligatorily prescribes for each specific product. Therefore, next to the name of the Product, the physical state in which the Product is found is indicated, the list of ingredients, as well as (in order of weight) all the substances used in production. Furthermore, the nutritional information (referring to 100/g/100ml) of the food is indicated on the sheet. The particular storage conditions and indications on the person in charge of packaging and the person in charge of distribution are also indicated, as provided for in EU Regulation 1169/2011, art. 9 and 14.
8.3 The shelf life of the Product is also indicated on the packaging of the Food Product which will be delivered to the Buyer and, in particular: expiry date, minimum shelf life and storage method.
8.4 Alongside the mandatory information referred to in point 8.2, the Product tab
may possibly contain so-called complementary information, i.e. advice and suggestions on specific consumption and conservation.
8.5 The indication of the information indicated in the previous points fulfills the purpose of adequately informing the Consumer and fulfills the information burdens borne by I Saraceni, in relation to clarity, transparency and good faith of the Supplier.
9. Purchase procedure and subscriptions< /strong>
9.1 The Contract between the Parties is concluded exclusively via the Internet. Once the Buyer has accessed the isaraceni.it address, he must follow the procedures reported within the Site itself in order to formalize his acceptance of the terms and conditions for the purchase of the Products/Services referred to above article 7.
9.2 In detail, the Contract is concluded by sending the online order form correctly completed in all its fields and contextual acceptance of the
terms and conditions of purchase, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the Products/Services purchased, any shipping costs and additional charges, payment methods and terms, delivery address and times and the existence of the right of withdrawal.
9.3 The Buyer, in particular, chooses the Products/Services from the online catalog page and adds them to the cart. All orders have a minimum spending limit to proceed with the purchase, as specified on the Site.
9.4 When the Supplier receives the order sent from the Buyer pursuant to the previous point 9.2, it will send a confirmation and summary email or display a web page confirmation and summary of the order, printable, which contains the data referred to in the previous point.
9.5 I Saraceni only accepts orders for delivery on Italian territory.
9.6 For purchase purposes, the Buyer can choose between a "Single Order" or a "Subscription", as provided in point 9.7 below.
9.7 By clicking on “Add to cart”, the Buyer accesses the standard checkout, proceeding to pay the price. By clicking on "Subscription", the Buyer will be able to configure his subscription, under the following conditions: 1) choice of quantities and frequency with which to receive the order by choosing from the options proposed; 2) choice of the scheduled delivery option, on the preferred day of the week and in the preferred time slot, with the application of the additional cost indicated; 3) display of the agenda of upcoming deliveries. The “Subscription” option can be applied to all Products/Services. The Buyer can always change the characteristics of his subscription (quantities, frequency, scheduled date and time, delivery address). The Buyer may cancel the subscription at any time. Subscription cancellation or modification will be valid if requested within 5 days before the scheduled delivery date.
9.8 Together with the payment of the price, shipping costs will be calculated. Once confirmation of payment of the amount indicated in the order document has been received, I Saraceni will proceed to issue the relevant tax document pursuant to Presidential Decree no. 633/1972 where required by law and/or if the Buyer requests it.
9.9 If the Buyer wishes to receive an invoice, he must notify the Supplier when completing the order. When completing the order, the Buyer must provide in this regard the data relating to his tax code or VAT number. Any invoices requested are issued by I Saraceni. For the issuing of the invoice, the information communicated when completing the purchase order will prevail; therefore, it is always advisable for the Buyer to always verify, with the utmost care, the accuracy of the information provided.
9.10 This Agreement will not be considered perfected and will be ineffective if what is indicated in the previous points is missing.
10. Payment methods
10.1 Any payment for the Products/Services purchased by the Buyer can only be made using the payment methods indicated on the Site.
10.2 All payments for purchases made through the Site will be made and managed via the online platform PAYPAL, Shopify Payments and Satispay and can be made exclusively by credit card or through your PayPal account or Satispay account.
10.3 The use of the payment methods indicated in point 10.2 does not entail any additional expense for the Buyer.
11. Times and methods of delivery< /strong>
11.1 I Saraceni will deliver the Products ordered by the Buyer via the Site to the address indicated for delivery at the time of forwarding the purchase order within 2/3 working days, starting from the day following the day on which the Buyer sent the order, for the entire national territory and, within 5/7 working days, for the Islands and disadvantaged locations.
11.2 In the event that I Saraceni is not able to carry out the shipment within the deadline indicated, prompt notice will be given to the Buyer via e-mail or by telephone if they are these credentials were provided when ordering.
11.3 Shipments of the Products will all be made via an express courier, as specified when sending the order.
11.4 Upon delivery of the goods by the courier, the Buyer is required to check that: – the number of packages delivered corresponds to that indicated in the transport document; – the packaging is intact, has not been tampered with, is not damaged, wet and/or otherwise altered, including the closing materials (e.g. cable ties, adhesive tape or metal straps).
11.5 In the event of damage to the packaging, the Buyer can collect the Products subject to inspection by highlighting the problem to the courier who will issue a document indicating the collection with reservation and the extent and type of damage to the packaging (e.g. crushed packaging, perforated packaging, etc.).
11.6 In case of obvious damage to the Product(s) not yet collected, the Buyer may refuse delivery, requesting the courier to deliver a document certifying
the reason for the failure to collect.
11.7 Once the courier's delivery document has been signed, the Buyer will no longer be able to raise any objections regarding the correspondence of the packages delivered with respect to what is indicated in the transport document and regarding the external characteristics of the packages/packaging delivered.
11.8 The Buyer's signature for the collection of the delivered Products also determines acceptance of the packaging of the Products.
11.9 Any problems relating to the integrity, correspondence or completeness of the Products received, not evident at the time of delivery by the courier, must be reported within 10 working days of receipt delivery. The Buyer is required to provide evidence of any missing and/or damage to one or more Products in the order.
11.10 In the event of failure by the Buyer to collect the material in stock at the courier's warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Buyer upon placing the order, the latter will be automatically canceled and the transport costs will be the sole responsibility of the Buyer.
11.11 The costs of shipping the Products by express courier are the responsibility of the Buyer and are indicated at the end of the purchase procedure, before paying the price.
12. Prices< /p>
12.1 All sales prices of the Products displayed and indicated on the isaraceni.it Site are expressed in Euros and constitute an offer to the public pursuant to art. 1336 cc.
12.2 The sales prices, referred to in the previous point, include VAT and any other taxes. The shipping costs, although not included in the purchase price, will be indicated and calculated by I Saraceni in the purchase procedure before the order is forwarded by the Buyer and also contained in the web page summarizing the order placed.< /p>
12.3 I Saraceni envisages the use by the Buyer of any additional paid services, such as delivery of the Products to the floor and/or scheduled delivery (on the day and within the range time chosen by the Buyer).
13. Product availability
13.1 The Supplier ensures, through the electronic system used, the processing and fulfillment of orders without delay. To this end, it indicates the availability of the Products/Services and shipping times in real time in its electronic catalogue.
13.2 If an order exceeds the quantity existing in the warehouse, the Supplier, via e-mail or other means (for example telephone), will inform the Buyer whether the Product/Service is no longer bookable or what the waiting times are to obtain it, asking whether you intend to confirm the order or not.
14. Limitations of liability
14.1 I Saraceni assumes no responsibility for disservices attributable to force majeure such as, by way of example and not limited to, accidents, explosions, fires, strikes and/or lockouts, floods, earthquakes and other similar events that prevented, in whole or in part, the execution of the order within the times established by the contract. The Supplier will not be liable to any party or third party for damages, losses and costs suffered as a result of failure to execute the Contract for the causes mentioned above, the Buyer having the right only to a refund of the price paid.
14.2 I Saraceni cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or its sub-suppliers. Furthermore, the Supplier will not be responsible for such damages, losses and costs suffered by the Buyer following failure to execute the Contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges supported.
14.3 I Saraceni assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment provided for in these General Conditions , upon payment of the purchased Products/Services. In fact, at no time during the purchase procedure is the Supplier able to know the Buyer's credit card number which, via a secure connection, is transmitted directly to the banking service manager.
14.4 The isaraceni.it website may contain links to other Internet sites. The Supplier is not responsible for the content of external sites, the functioning of access to these sites, the relationships between the Buyer and the owners of these sites.
14.5 The Supplier cannot in any way be held responsible for any
damage suffered by the Buyer due to the inability to temporarily use the Site.
14.6 Under no circumstances may the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by I Saraceni.
15. Liability for defects, proof of damage and compensable damages: the Supplier's obligations
15.1 The manufacturer is responsible for damages caused by defects in his product. As a supplier, I Saraceni will be responsible, pursuant to articles. 114 et seq. of the Consumer Code, of damages caused by defects in the Product/Service sold only if he fails to communicate to the injured person, within three months of the request, the identity and domicile of the producer or of the person who supplied him with the goods.
15.2 The request for damage by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase. Furthermore, it must contain the offer for viewing the product, if it still exists.
15.3 In addition to the other cases provided for by article 118 of the Consumer Code, to which reference is made, it is specified that liability is excluded if the defect is due to the conformity of the Product to a mandatory legal norm or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
15.4 No compensation will be due if the injured party was aware of the
defect in the product and the danger resulting from it and nevertheless there was voluntarily exposed.
15.5 In any case the injured party must prove the defect, the damage and the causal connection between the defect and the damage.
15.6 The following is compensable: damage caused by death or personal injury; and the destruction or deterioration of anything other than the defective product, provided that it is of a type normally intended for private use or consumption and so primarily used by the injured party. Damage to property will, however, be compensable only to the extent provided for by the art. 123 of the Consumer Code.
16. Warranties and assistance methods< /strong>
16.1 Given the nature of the Products sold, I Saraceni is liable for any lack of conformity that occurs within six months of delivery of the goods.
16.2 For the purposes of this contract, it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which they are intended goods usually of the same type; b) conform to the description made by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) present the usual quality and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller also accepted for conclusive facts.
16.3 The Buyer loses all rights if he does not report the lack of conformity to the Supplier within two months from the date on which the defect was discovered. The report is not necessary if the Supplier has recognized the existence of the defect or has hidden it.
16.4 In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
16.5 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the replacement of the Product purchased, a reduction in the purchase price or the termination of the Contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, Consumer Code.
16.6 The request must be sent in written form, by registered mail with return receipt or by e-mail, to the Supplier, who will indicate his/her willingness to process the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the methods of shipping or returning the defective Product as well as the deadline expected for the return or replacement of the defective Product.
16.7 If replacement is impossible or excessively expensive or the Supplier has not replaced the defective Product within the period referred to in the previous point or, finally, the previously carried out replacement has caused significant inconveniences to the Buyer, he may in turn ask for an appropriate reduction in the price or termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to process the same, or the reasons that prevent him from doing so, within seven working days of receipt.
16.8 In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective Product. In such cases, it will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Supplier.
17. Buyer's Obligations strong>
17.1 The Buyer undertakes to pay the price of the Product/Service purchased within the times and ways indicated in the Contract.
17.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep the Contract if he deems it necessary.
17.3 The information contained in the Contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the order purchase.
17.4 By accessing the Site and/or placing orders through it, the Buyer accepts and undertakes to:
(i) do use of the Site only to carry out legally valid consultations or orders; (ii) do not place false or fraudulent orders. If the Supplier has plausible reasons to believe that an order of this nature has been placed, it will be authorized to cancel it and inform the competent authorities; (iii) provide the contact details required for the purpose of completing the order truthfully and correctly. To this end, the Buyer consents to the processing by the Supplier of such data in accordance with the provisions of the information on the processing of personal data reported on the Site at the following link: https://isaraceni.it/policies/privacy -policy.
By placing an order through the Website, the Buyer guarantees that he is of age and has the capacity to act to conclude binding contracts.
18. Right of withdrawal
18.1 The Buyer, in compliance with Legislative Decree no. 206/2005 (so-called Consumer Code), if the Buyer is a Consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase indicating a VAT number reference), he has right to withdraw from the purchase contract, without any penalty and without specifying the reason and without prejudice to what is indicated subsequently, within the peremptory deadline of 14 working days from the date of receipt of the Product. The only costs borne by the Customer for exercising the right of withdrawal are the direct costs of returning the Product to the Supplier.
18.2 The right of withdrawal is exercised by sending, within the terms set out in point 15.1, a written communication, by registered letter with return receipt, addressed to the following address : The Saracens of Cipullo Antonietta Sas – C. da Quartarella, 51 - 86012 – Cercemaggiore (CB).
18.3 The parties expressly agree that the indication of a VAT number in the purchase order qualifies the Customer as a "Professional", for which the right of withdrawal is excluded.
18.4 Simultaneously with the exercise of the right of withdrawal, the Buyer must return, without undue delay and, in any case, within 10 days from the date of communication to the Supplier of the withdrawal, the product to the Supplier, at its own expense and under its own responsibility. For the purposes of the deadline, the goods are considered returned when they are delivered to the accepting post office or shipping company.
18.5 The Buyer must return the product, to the address indicated at the registered office, intact in all its parts. In particular, the return is subject to the following requirements:
a) the right of withdrawal applies to the product purchased in its entirety. It is not possible to exercise the right of withdrawal on only part of the products. In the event of an offer consisting of the combination of multiple products, the Buyer must return the entire package;
b) the purchased product must be returned intact in all its parts and placed in the original packaging, as these are sealed products which, for hygienic and/or health protection reasons, are not suitable to be opened and/or used after their delivery; c) it is expressly provided , on the basis of the provisions of Legislative Decree 206/2005, that the return costs are borne by the Buyer; the shipment, until receipt is certified, is under the total responsibility of the Buyer; in the event of damage to the goods during transport, the Supplier will notify the Buyer of the incident to allow him to promptly file a complaint against the Courier; in this case, the product will be made available to the Buyer, canceling the withdrawal request;
d) the Supplier is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; e) upon arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the returned items show damage or signs of wear resulting from handling that is not necessary to establish their nature and characteristics, the Supplier may withhold from the refund an amount corresponding to their decrease in value;
f) the right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the product (packaging and/or its contents), in cases where the Supplier ascertains: the lack of the external packaging and/or the original packaging ; the absence of integral elements of the product; damage to the product for reasons other than its transport; g) in the event of forfeiture of the right of withdrawal, the Supplier will return the purchased product to the sender, with shipping paid by the Buyer; h) the Buyer totally loses the right of withdrawal for lack of the essential condition of integrity of the Product (packaging and/or its contents), in cases where the Supplier ascertains:
– the non-diligent use, according to the diligence of the good father of the family, of the Product which has compromised its integrity or the use of any consumables; – use of the Product in such a way as to make it impossible to restore it to the conditions existing before the sale;
– the lack of the external packaging and/or the original internal packaging; i) the absence of integral elements of the Product; l) damage to the Product for reasons other than its transport. m) in the event of forfeiture of the right of withdrawal, the goods will remain at the Supplier's premises, available to the Buyer for collection at his expense and expense.
18.6 If the above requirements are met, the Supplier will refund the Buyer the price of the item for which the right of withdrawal was exercised, as quickly as possible and in any case within 14 days of receiving the notice of withdrawal from the Buyer and, in any case, after verifying the substantial integrity of the returned product.
18.7 The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
18.8 Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their respective obligations deriving from the purchase order, without prejudice to the provisions of the previous points of this article.
19. Resolution causes
19.1 The Supplier has the right to terminate the Contract, without any obligation of notice, by simply notifying the Buyer with adequate and justified reasons; in this case, the Buyer will only have the right to a refund of any sums already paid.
19.2 The violation by the Buyer of the provisions of these General Conditions and, in particular, the violation of the obligations referred to in point 17 assumed by the Buyer (Obligations of the Buyer), as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 10 (Payment and reimbursement methods), which are essential in nature, so that by express agreement, the failure to fulfill only one of the aforementioned obligations, unless determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial ruling and with the Supplier's right to take action for compensation for damages, financial and otherwise, caused by the Buyer's conduct.
20. How to store the contract< /strong>
20.1 The Supplier informs the Buyer that this Agreement may be printed or stored on the Buyer's devices.
20.2 Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server at the Supplier's headquarters, according to confidentiality and security criteria.
21. Communications and complaints
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address, I Saraceni di Cipullo Antonietta Sas – C. da Quartarella, 51 - 86012 – Cercemaggiore ( CB), or sent via e-mail to the following address (PEC) giovannirobbio@peceasy.it. The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
22. Dispute Settlement
22.1 All disputes arising from this Contract will be referred to a conciliation attempt at a mediation body chosen by the requesting party and will be resolved according to the Conciliation Regulations adopted by the same. p>
22.2 If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the place of residence or domicile elected by the Buyer, pursuant to Legislative Decree no. 206/2005 “Consumer Code”.
Available languages
The language available on the isaraceni.it website is Italian and English.
23. Applicable law and referral strong>
This contract is governed by Italian law. Pursuant to the articles. 1341 – 1342 cc, the Buyer declares to have read and specifically accept the clauses referred to in the following articles of these General Conditions: 4 (Terms and Conditions), 5 (Acceptance of the General Conditions), 9 (Purchase procedure and subscriptions ), 10 (Payment and refund methods), 11 (Delivery times and methods), 14 (Limitations of liability), 16 (Guarantees and assistance methods), 17 (Buyer's obligations), 19 (Causes for termination) .
GENERAL CONTRACT CONDITIONS (TOURISM)
1. Object and scope
1.1. These General Conditions govern, together with the information material available on the isaraceni.it website, the conditions of use and enjoyment of the services provided by I Saraceni di Cipullo Antonietta Sas. (“the Service”; henceforth I Saraceni). I Saraceni operates mainly on the internet, making available to its customers a diversified range of travel services proposed by tour operators or third parties, natural or legal persons ---. These General Conditions will also apply with regard to any complementary or optional services.
1.2. For the purposes of this contract, "Customer" shall mean the natural or legal person who requests, for himself or for third parties, the provision of tourist services offered on the isaraceni.it website by the intermediary I Saraceni. By "Tourist Services" we mean, by way of example, the booking and purchase of stay services at accommodation facilities of any kind, including ancillary or complementary services, such as holiday homes, hotels, resorts, residences, bed and breakfasts. and agritourism companies; the booking and purchase of car rental services or the rental of boats or boats; the booking and purchase of tickets for concerts, shows and/or other entertainment and/or events, the booking and purchase of day excursions.
2. Regulatory discipline
2.1. The purchase of the Tourist Service or Tourist Package through the intermediary I Saraceni determines the establishment of a direct contractual relationship between the Customer (tourist) and the operator, natural or legal person, (organizer - tour operator) who offers the tourist service using the isaraceni.it website for promotional purposes. This contractual relationship is governed in accordance with the legislation and conditions applicable to the individual supplier. The Customer acknowledges and accepts that the sale of tourist packages and accommodation services possibly advertised on the isaraceni.it website is therefore not offered by the intermediary, but by third parties and is therefore regulated by the conditions of sale applied by the third party supplier of the Tourist Package .
2.2. The contract between I Saraceni and the Customer is governed not only by the agreements contained in these Contract Conditions, also from the clauses indicated in the travel documentation delivered to the Customer and from the provisions of Legislative Decree 23 May 2011, n.79 (Tourism Code).
The Customer and I Saraceni declare and acknowledge that the agreements contained in these general conditions have as their object the sale of tourist services or tourist packages, carried out through the intermediation activity of I Saraceni. The Customer declares and acknowledges that he has independently identified the tourist services of interest on the isaraceni.it website and has consequently requested the intermediary I Saraceni to purchase the individual tourist services chosen to organize the holiday independently. The contractor also acknowledges that on the isaraceni.it website it is possible to choose between a plurality of tourist accommodation and transport services and that, therefore, the requested services have been chosen in complete autonomy without adhering to any pre-established combination of tourist transport services , accommodation and/or tourist services not ancillary to transport and accommodation suitable for configuring a Tourist Package in accordance with current legislation.
3. Request for Services – Reservations< /strong>
3.1. The Service is provided by I Saraceni for the personal and exclusive use of the Customer and for purposes related to the provision of tourist services advertised through the isaraceni.it website. The Intermediary I Saraceni undertakes to make every reasonable effort to ensure that the information contained on the isaraceni.it website relating to the services offered is accurate and updated. However, since these are data indicated by third party suppliers of the individual Tourist Service, in any case the Intermediary cannot be held responsible for the correctness and truthfulness of the information provided, nor does it assume any guarantee regarding the actual availability and quality of the services offered by third parties operators.
3.2. Tourist services requested electronically (“on-line”), for all purposes by law, are understood to be offered for sale in Italy and the related contracts concluded in Italy; in particular, the contract will be considered finalized in Isernia when I Saraceni receives the communication of acceptance of the Proposal for the purchase and sale contract of the Tourist Service from the contractor. Acceptance may be communicated:
- by sending the contract with the signature of the contractor;
- by sending an e-mail to electronic address info@isaraceni.it, attaching the aforementioned contractual proposal and the declaration of acceptance of the same by the contractor;
- by pressing the virtual negotiation button on the isaraceni website .it (point and click). The effectiveness of the contract is in any case subordinated to the availability of the requested tourist service and is subject to the condition precedent of payment by the contractor of the advance referred to in the following article 4.2.
3.3. To access the services offered by I Saraceni, the Customer must complete the appropriate electronic form or paper reservation, accepting these General Contract Conditions and giving consent to the processing of personal data. The Customer assumes full responsibility for the truthfulness and correctness of the data provided, undertaking to promptly update them in the event of changes and keeping I Saraceni harmless from any prejudicial consequences deriving from the communication of inaccurate or untruthful data. I Saraceni will have the right, at its sole discretion, not to accept the request and not to follow up on it and the requested services.
4. Economic conditions
4.1. The Customer undertakes to pay I Saraceni the expected fee for the activation and for the use of the requested services, in the manner and according to the economic conditions indicated on the website. If you request the activation or variation of paid services, the Customer, at the time of the request, must communicate the chosen payment methods by providing the necessary data truthfully and completely. The sums paid are not refundable, except in the cases expressly provided for in these general contract conditions. The economic conditions of the individual tourist services, as well as the existence of any other charges borne by the Customer are indicated on the isaraceni.it website. The price of individual tourist services may be modified up to 20 days before departure exclusively depending on variations in: transport costs, including the cost of fuel, duties and taxes on some types of tourist services such as taxes, exchange rates applied to the package in question, tourist taxes. For such variations, reference will be made to the exchange rate and costs referred to above in force on the date of publication of the program or to the date reported in any updates referred to above.
4.2. The Customer, unless otherwise agreed in writing between the parties, will have to pay a deposit equal to 30% of the total price of the tourist services requested and covered by this contract.
This sum must be paid in the following alternative ways:
a) simultaneously with the acceptance of the proposal summarizing the services requested. The balance must be paid within the deadline, to be considered essential in the interests of I Saraceni, of 31 (thirty-one) days prior to the start date of the requested tourist service (arrival in Molise, hotel accommodation, etc.). For bookings made after the aforementioned dates, the entire amount must be paid at the time of booking. Failure by the Customer to pay by the deadlines indicated above determines the impossibility of following up on the request and constitutes automatic cause for termination of the contract due to the fault of the contractor. It is understood that, in this case, I Saraceni, also in the interest of the suppliers of the requested services, is expressly authorized by the Customer to withhold the sums received as advances as a penalty for expenses incurred and for damages; however, the right to obtain compensation for any greater damage suffered is reserved;
b) the Customer, at the time of booking, even online, provides credit card details valid in its name to guarantee payment of the amount due for the services provided by I Saraceni. The aforementioned credit card will be used solely and exclusively to debit the balance of the service, the expenses and any penalties foreseen in the event of a no-show or cancellation received by the intermediary after the expected cancellation deadlines.
4.3. In the event of total or partial non-payment of the amounts due, I Saraceni will have the right not to follow up on the booking and/or the requested service or, if already carried out, to suspend the booking and to charge the Customer default interest to the maximum extent established by law.
5. Withdrawal - Changes or cancellation< /strong>
The Customer will have the right to withdraw from the contract with or without the application of penalties in accordance with the following provisions.
5.1 Withdrawal without penalty. The Customer has the right to withdraw from the contract without paying penalties in the following cases:
- increase in the expected price for the services booked by more than 10% of the originally indicated price;< br data-mce-fragment="1">- significant modification of one or more elements of the contract objectively configurable as essential for the purposes of using the tourist service proposed by the intermediary I Saraceni which occurred after the conclusion of the contract itself, but before the departure, and not accepted by the policyholder.
In the cases indicated above, the policyholder has the alternative right:
- to benefit from a similar service alternative tourist service, without a price supplement or with the refund of the excess price, if the tourist service offered in replacement is of a lower value than the first;
- with the refund of only the part of price already paid. This return must be made within seven working days from the moment of receipt of the refund request.
The Customer must communicate his decision (to accept the modification or to withdraw) no later than more than two working days from the moment you received the notice of increase or modification. In the absence of express communication within the aforementioned deadline, the proposal formulated by I Saraceni will be considered accepted without reservations.
5.2. Withdrawal with penalty. The contractor has the right to withdraw from the contract before using the tourist service purchased through the intermediary I Saraceni, subject to payment of the penalties provided for by the operator, in addition to the charges and expenses to be incurred for the cancellation of the services.
The same penalties will also apply in the event that the contractor or one of the other people indicated in this contract cannot use the tourist service due to the lack or irregularity of the required personal identity or expatriation documents.< br data-mce-fragment="1">No refund is due to the contractor, or one of the other persons indicated in this contract, who decides to interrupt the trip or stay already undertaken. Any refunds of the sums paid by the contractor will be arranged according to the regulations and laws applicable to each service provider and the timing of refunds will depend exclusively on the individual suppliers. It is also specified that the cancellation terms and related penalties may change depending on the service and the purchase period and that, in any case, they will be communicated to the customer before proceeding with the purchase of the service.
The calculation of penalties does not include the day of withdrawal, the communication of which must be received on a working day (from Monday 9.00 am to Friday 7.00 pm), nor the day of the start of the trip.
In the event that, before departure, the intermediary I Saraceni communicates in writing the subsequent impossibility of being able to enjoy the booked tourist service, the Customer and/or the other people indicated as beneficiaries or users of the service they will have the right to use another similar tourist service of equivalent or higher quality without additional price, or a tourist service of lower quality upon repayment of the difference in price, or to a refund, within seven working days from the moment of withdrawal or cancellation and upon request of the contractor, of the sum of money already paid, provided that the cancellation does not depend on an act attributable to him.
6. Overrides< /p>
6.1. The Customer or one of the other persons indicated as beneficiaries or users of the service, compatibly with the needs of the individual supplier of the tourist service, will have the right to be replaced by another person under the following conditions: a) I Saraceni is informed in writing of the replacement within 4 working days before the date set for departure, receiving at the same time communication of the person's personal details person who will use the tourist services in place of the renouncer; b) there are no reasons relating to identity documents, passports, visas, health certificates, travel documents or in any case impediments such as to make it impossible for anyone other than the renouncing customer to use the package; c) the subject bears all expenses incurred to proceed with the replacement. The renouncing Customer will also be jointly and severally liable to the person who benefited from the replacement for the payment of the balance of the price as well as the expenses referred to in letter c) of this article.
The Intermediary I Saraceni will not be responsible for any failure to accept the modification by third party service providers. This non-acceptance will be communicated by I Saraceni to the interested parties before departure.
7. Customer Obligations - Communication to pursuant to the art. 16 of Law 269/98
7.1. The Customer and other people who will use the tourist service are obliged to equip themselves with identity document or individual passport (or other valid document for expatriation) valid for the country of destination, as well as a health certificate, if required. They must also comply with the rules of normal prudence and diligence, as well as those specific in force in the place where the tourist service will be used. I Saraceni cannot be held responsible for any prejudicial consequences occurring to the Customer due to the lack and/or irregularity of identity documents, travel and residence documents or for the violation of regulations in force in the State of transit or destination. p>
7.2. The Customer acknowledges and declares to be aware that Italian law punishes with the penalty of imprisonment for crimes relating to prostitution and child pornography, even if they are committed abroad.
8. Limitations of liability
8.1. The Saracens in relation to the booking or purchase of the tourist services described on the website and in the informative material operates as an Intermediary and with reference to the obligations assumed with this contract is responsible only for the obligations arising from the aforementioned quality within the limits established by the regulations in force and, in any case, only in the case in which the contractor provides evidence of his grossly negligent behavior in choosing the supplier of the tourist service in question. Compensation for damages suffered by the Customer and/or other persons indicated as beneficiaries and or users of the service in relation to the non-compliance of the Intermediary in the event of the purchase of Travel Services, is governed by the provisions and limits contained in the International Convention on travel contract indicated above.
8.2. The Customer acknowledges and agrees that access to and operation of the Search Service, request and online booking of tourist services depend on the technical and organizational availability of I Saraceni and that it is in no way responsible for any inconvenience, delay or malfunction relating to the Service. The Customer acknowledges and accepts that I Saraceni, for the provision of the services offered on the web, uses electronic communications networks and email systems provided by third-party telecommunications operators and is not responsible for the interruption or malfunction of the themselves. The availability of the Service may be subject to limitations or interruptions due to technical reasons, even without notice.
8.3. The services provided by I Saraceni on the internet are intended to be provided without any guarantee, explicit or implied, good functioning or suitability for specific purposes. I Saraceni will not be liable for damages caused by the delay, faulty functioning or inaccessibility, suspension and/or interruption of web or electronic communication services, as well as by the loss and alteration of web pages or data entered by Customers. I Saraceni also declines any liability relating to damage caused by computer viruses, damaged files, errors, omissions, functioning of electronic communications networks or email systems, software or hardware incompatibility, unauthorized access, alterations or deletions of data and other may be held towards the Customer, subjects directly or indirectly connected to the Customer and/or third parties, for compensation for damages, losses or costs suffered as a result of such events. I Saraceni does not guarantee that the service will be provided without interruptions, in a safe and error-free manner.
8.4. Any action against I Saraceni dependent on this contract or on the use of the Service must be started within one year of the occurrence of the event, under penalty of forfeiture.
9. Complaints and reports
9.1. isaraceni.it guarantees assistance to the contractor 24 hours a day, 7 days a week.< br data-mce-fragment="1">The Customer must contest the failure to fulfill the obligations deriving from the execution of the contract without delay, so that the intermediary, on behalf of the third party supplier, or the supplier himself can remedy the situation. The complaint must be communicated by sending a registered letter, with acknowledgment of receipt, to the intermediary, no later than ten working days from the date of return to the following recipient: I Saraceni di Cipullo Antonietta Sas – C. da Quartarella, 51 - 86012 – Cercemaggiore (CB). If requested by the contractor for protection purposes in the event of failure of the service provider to fulfill its obligations, I Saraceni will provide all support to the contractor to identify the service provider.
10. Protection of personal data strong>
10.1. I Saraceni strictly complies with the provisions of Legislative Decree no. 196 of 30 June 2003 on the protection of persons and other subjects with respect to the processing of personal data and ensures that pursuant to the aforementioned legislation, the processing of personal data provided by the Customer for the execution of the Service will be based on the principles of correctness, lawfulness and transparency and protection of confidentiality.
10.2. The Customer acknowledges that the Service manager can identify the Customer at the time of connection via the identification code attributed to it and that the information relating to access to the Service is contained in the electronic register of operation (the Log), compiled and kept by I Saraceni. The contents of the Log are strictly confidential and may be made intelligible and exhibited only upon request from the competent authorities.
11. Applicable law and jurisdiction< /strong>
11.1. This contract is entirely governed by Italian law even if executed in whole or in part 'abroad. For any dispute relating to the interpretation or execution of this contract or in any case connected to the use of the Service, the court of residence of the consumer contracting party is competent.
Pursuant to and for the purposes of the law , and in particular articles 1341 and 1342 of the civil code, the Customer specifically approves, after having read and fully understood them, in his own name and on his own behalf, as well as in the name and on behalf of the other people who will use the tourist service, the following contract clauses: art. 4 (Economic conditions), art. 5 (withdrawal, modifications and cancellation), art.6 (substitutions), art. 7 (customer obligations); art. 8 (limitations of liability); art. 9 (Complaints and reports); art. 11 (Applicable law and competent court).
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