1.1 These general conditions of sale govern the sale and purchase contract for any purchase made through the e-commerce website www.enricorizzi.com (hereinafter as the “Site”). The site, owned by Passione Dolce S.r.l., tax code and VAT number 09873800966, with the registered offices in Via Correnti 5, 20123 Milano (hereinafter the “Owner”), is managed by the same.
1.2 1.2 The Owner is responsible for the sale of the products through the Site www.enricorizzi.com. The Purchases of the products made through the Site sees as parts Passione Dolce S.r.l. as a seller (hereinafter the “Seller”), the person who proceeds to the purchase of one or more products (hereinafter the “Consumer”), and the Seller and Consumer collectively referred as the “Parties”.
1.3 1.3 Any Consumer communication connected and/or related to this contract – including any reports, claims, purchase demands and/or delivery of products, the right of withdrawal, etc. – must be sent to the Seller at the addresses on the site and to the e-mail: firstname.lastname@example.org
1.4 1.4 Every purchase is subject to the general terms and conditions of sale published on the Site at the time when the contract is concluded pursuant to Article 3 below.
1.5 1.5 The Site is dedicated to retail and as such is intended for consumer use only. The ability to purchase products on the Site is therefore reserved to the natural person only acting for purposes outside his trading, commercial, artisanal or professional activity.
2.1 The products are sold by the Seller with the characteristics described on the Site at the time of the order by the Consumer and according to the general terms and conditions published on the Side at the time the order is placed, excluding any other condition or term.
2.2 The Seller reserves the right to modify these general conditions of sale at any moment, in accordance with the local regulations. The products are offered to the general terms and conditions indicated on the Site when the order is sent until the sale of all stock.
2.3 2.3 The prices and goods for sale on the Site are subject to change without any notice. Therefore, before sending the purchase order pursuant to the following paragraph 3, the consumer is asked to check the final sale price.
2.4 The Seller reserves the right, without prior notice, to modify the properties on the Site or to modify these characteristics at any time without any prior notice or obligation.
2.5 2.5 The Seller reserves the right to change and improve any proposed good on the Site, without the obligation to make such changes to products already sold. The pics are just indicative.
2.6 This Site can be accessed by users from all over the world and the Site may contain references to items that are not available or not available for purchase in the Site visitor’s country.
2.7 2.7 The Products on the Site or for sale are reserved for sale exclusively in the countries listed on the Site at the time of the order.
3. Provisions of the Contract
3.1 The purchase order sent by the Consumer to the Seller through the Site has the value of a proposed contract and is subject to these General Terms and Conditions, which form part of the order and the Consumer, by sending the order to the Seller, must accept fully and without reservation. Before using the products by sending the purchase order, the Consumer will be asked to identify and correct any errors of their data.
3.2 The purchase order of the Consumer is accepted by the Seller by sending to the Consumer, o the e-mail address stated by the to the Seller at the time of the registration on the website, an e-mail confirmation of the order, which will report the details of the order. The order of the Consumer, the order confirmation of the Seller and the general conditions of the contract applicable to the relationship between the Parties, will be electronically filed by the Seller in their computer system and the Consumer can request a copy by sending an e-mail to the Seller at email@example.com
3.3 The contract is concluded when the Consumer receives the receipt of the order by the Seller via e-mail. Under the current legislation, the order and the order receipt are considered received when the Parties to whom they are addressed are able to access to it.
4. Selection and product purchase
4.1 The products presented on the Site may be purchased through the purchase procedure on the Site. This procedure provides the selection of the products of interest of the Consumer, whit their insertion in the virtual shopping cart. Finished the products selection, to perform the purchase of the selected products, the Consumer has the opportunity to register with us by providing the required information, or to log in if the Consumer is already registered. In order to allow the purchase, the Consumer will be asked to confirm his personal details (included, but not limited to: name, surname, etc.) and the address for the delivery of the selected products, the billing address and optionally a telephone number where to contact him for any communications related to the purchase made, if they are different from the data supplied upon registration. The Consumer will display a summary of the order to confirm, which may modify the contents. Finally, through the “Proceed to Checkout” button, the Consumer will be asked to confirm the order, that will be so definitely sent to the Seller and will produce the effects described in the previous paragraph 3.2 of this contract.
5. Supply and acceptance of goods
5.1 The information regarding delivery times displayed on the Site are purely indicative and not binding for the Seller.
5.2 As there could be no guarantee that the products listed on this Side were available if a product ordered by a Consumer is not available, the Consumer will be informed promptly by the Seller and the Payment, if already performed by the Consumer, will be promptly refunded.
5.3 The delivery of the ordered products will be in the mode selected by the Consumer, among those available and indicated on the Site when sending the order. The Consumer undertakes to check with no delay, and in any event no later than 3 (three) days from the receipt of the goods, that the delivery is correct and includes all and only the products purchased and to inform within this period the Seller of any possible defect of the products or their deviations from the order made, under the procedure referred to in art 9 of this contract. If the package or the product’s package ordered by the Consumer would have visibly damages, the Consumer is encouraged to refuse the delivery by the carrier.
5.4 Once the deadline referred to in par. 5.3., the delivered products shall be deemed definitively accepted by the Consumer.
6. Prices, shipping costs and taxes
6.1 The price of the products is indicated on the Site at the time of the order placed by the Consumer. The prices of the products listed on the site include VAT, don’t include the shipping costs, which are counted before the confirmation of the purchase by the Consumer and that the consumer agrees to pay and that the consumer agrees to pay the Seller in addition to the price indicated on the Site and not include any taxes or duties due in the manner and the terms established by each State for goods delivery.
6.2 According to the geographical area in which the products are to be delivered, will be displayed on the Site, during the order creation process, the related shipping costs, that the Consumer undertakes to pay in addition to the price of the ordered products.
6.3 The Consumer will have to pay to the Seller the total price, namely as stated in the order and confirmed in the order confirmation sent via e-mail by the Seller to the Consumer.
6.4 If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including VAT, is net of any custom duties and any other sales tax, that the Consumer hereby agrees to pay, when due, in addition to the price indicated in the order and in the order confirmation, as provided by the law of the country where the products will be delivered. The Consumer is invited to check with the competent bodies of his Country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
6.5 Any possible additional costs are the sole responsibility of the Consumer, such as taxes, charges and/or duties that a given country may apply to any of the products ordered under this contract.
6.6 The Consumer declares that the lack of knowledge of the costs, charges, duties, fees and/or taxes in the preceding paragraphs 6.4 and 6.5, when sending an order to the Seller, shall not constitute any grounds for the termination of this contract and that can not in any way charge the costs to the Seller.
7.1 Orders placed through the Site can be paid via PayPal, to the condition described below. The Vendor may allow additional methods of payment, indicating them in the section of the payments of the Site.
7.2 The Vendor shall send promptly to the Consumer, in electronic format by e-mail to the address stated by the same at the time of the registration on the Site, the invoice/tax certificates of the purchase executed, if the products purchased are intended to be delivered in the Italian territory or attached in paper format to the purchased products, in all the other cases.
8. Legal compliance of the Seller, defect reporting compliance and warranty repair
8.1 Pursuant to and for the purposes of the European Directive 44/99/CE and of the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller provides a legal guarantee to the Consumer a legal warranty on the product for any lack of conformity with the purchase contract to occur within a period of twenty-four (24) months after the delivery of the product to the Consumer. It is understood that in relation to the perishable products (all food) the legal warranty will be effective only until the expiration date printed on the product packaging itself and before the use of the same food product.
8.2 The legal warranty allows the Consumer, in the event of lack of conformity of the product, to obtain, by applying directly to the Vendor, in a reasonable time considering the nature of the product, the product replacement or the cancellation of the contract.
8.3 It is in any case warranted the use of the product not comply with the product itself and the instructions/warnings about supplied by the Seller and/or the product manufacturer.
8.4. Any indication of lack of conformity of the product must be submitted with the proof of purchase of the product by the Vendor (tax document issued by the Seller or payment receipt).
8.5 Within the period referred to in the previous paragraph 8.1, an indication of a lack of conformity shall be sent by the Consumer within and not later than 10 (ten) days from the date on which the defect was found.
8.6 Signaling the lack of conformity (photographic evidence) must be sent by the Consumer to the Seller via e-mail to the address firstname.lastname@example.org; the Seller shall promptly notify the Consumer of the ways to return or make available the product.
8.7 The Seller will carry out the quality controls to verify the non-conformity of the product and provide a feedback to the Consumer via e-mail to the Consumer’s address provided during the registration process to the Site.
8.8 In the case of non-compliance detected in the product the Seller will refund (within 30 days after returning the product) to the Consumer the price of the product excluding the shipping costs incurred for the return of the not comply product.
8.9 The refund will be made by the Seller to the Consumer by bank transfer. It will be a responsibility of the Consumer to communicate to the Seller, always via e-mail to the address email@example.com, the bank details to make the transfer in its favor and to ensure that the Seller is in the position to return the amount due.
9. Liability for defective products
9.1 As for any damage caused by a defective product, are applied the provisions laid down in the European Directive 85/374/CEE and in the Italian Legislative Decree n. 206/2005 (Consumer Code). The Seller, as the distributor of the product through the Site, is free from any responsibility, none excluded and/or excepted, indicating the name of the related producer of the product.
10. Right of Withdrawal
10.1 The Consumer has the right to terminate this contract, without penalty, within 10 working days from the day of receipt of the ordered products, for any reason and without having to justify this decision in any way. In the above case will be retained by the Seller remaining the sole responsibility of the Consumer, the shipping charges and any additional duties or fees for the re-importation of the product.
10.2 The consumer may exercise the right of withdrawal within that period by sending an explicit declaration of withdrawal via e-mail to firstname.lastname@example.org
10.3 For the withdrawal right to be validly exercised, if the ordered products have been already shipped or delivered, the Consumer will have to return the same within 10 working days from the receipt of the products or 10 working days from the submission of the request made at Passione Dolce S.r.l. – Via Correnti 5, 20123, Milan.
10.4 The risks and transportation costs related to the return of the products to the Seller will be borne by the Buyer.
10.5 For the right of withdrawal to be validly exercised, the products must be delivered or submitted to the Seller intact, complete with all parts and accessories, accompanied by the instructions/notes/manuals, with the original packaging and the guarantee certificate, if any. Failing, the Consumer shall not be entitled to a refund of the amount paid. To this end, therefore, it is advisable to replace the original packages of the products with another protective packaging that preserves the integrity and protects it during the transport even from writing on labels.
10.6 The Vendor will accept the delivery of the returned products, reserving the right to verify that the same have been returned under the conditions described in the previous paragraph 10.5.
10.7 If the verification of the returned products will be achieved and the right of withdrawal has been validly exercised within the terms and in the manner prescribed, the Vendor will refund the Consumer the full amount paid for the purchase of the products, not including the shipping costs previously incurred by the Consumer for the same purchase, as quickly as possible and in any event within 30 days from the date on which the Seller is aware of the exercise of the withdrawal right of the Consumer.
10.8 The aforementioned refund will be made by bank transfer in favor of the Consumer. Consumer burden will notify the Seller, by sending at email@example.com, the bank details to make the transfer in their favor and to ensure that the Seller is in the position to return the due amount.
11. Intellectual Property Rights
11.1 The Consumer declares to be aware that all the content on the Site are protected by copyright and other applicable provisions on the intellectual property: all rights are the exclusive property of Passione Dolce S.r.l..
11.2 The contents of the Site may not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of Passione Dolce S.r.l.
12. Consumer Information and Privacy Protection
12.1 In order to register, forward the order and to conclude this contract are requested through the website some personal information to the Consumer. The Consumer acknowledges that the personal data will be recorded and used by the Seller in accordance with and in compliance with the legislation referred to the Italian Legislative Decree Law. n. 196/2003 and subsequent amendments – Privacy Code, to give effect to this Agreement and, subject to your consent, for any additional tasks as indicated in the specific privacy statement provided to the Consumer through the Site at the time of the registration.
12.2 The Consumer declares and guarantees that the data provided to the Seller during the registration process are true and correct.
12.3 The Consumer may at any time update and/or modify the personal data provided to the Seller through the appropriate section of the Site “My Space/Register” accessible after the authentication.
13.1 Although the Seller adopts measures to protect the personal data against their possible loss, falsification, manipulation and improper use by third parties, on account of the characteristics and technical limitation relating to the protection of the electronic communications via the Internet, the seller can not guarantee that any information or data displayed by the Consumer on the Site, even after that the Consumer has provided to authenticate himself (login), are not accessible or viewable by unauthorized third parties.
13.2 The Seller, as to the records relating to the payments by credit card makes use of the PayPal services provided by a company that adopts technological systems to ensure the highest levels of reliability, security, protection and privacy of information via the web.
14. Force Majeure
14.1 The Seller shall not be liable for non-performance total or in part of its liabilities described in this agreement if such failure is caused by unforeseeable events and/or natural events beyond its reasonable control, including, by way of example only, catastrophic natural events, terroristic acts, wars, popular riots, lack of energy, general and/or private strikes, strikes and/or restrictions on the courier and air links.
15. Governing Law and Jurisdiction
15.1 The contract will be governed by and construed in accordance with the Italian laws.
15.2 The Parties agree that it is specifically excluded the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
15.3 Any dispute arising under this contract or related to it will be responsible: a) The Court of the place of residence or domicile of the Consumer if “consumer” under the law in force; b) Exclusively to the Court of Milan, Italy, in any other case.
15.4 For all matters not expressly provided here are subject to the applicable provisions of the Italian law and in particular, for consumers, the provisions of Section II, Chapter I, Title III and subsequent amendments (Consumer Code).
16.1 The Parties may not assign or otherwise transfer to third parties any of their rights and of the obligations of this contract, without the prior written consent of the other party.
17. Validity of the Clauses
17.1 He clauses’ headings used here are purely indicative and have no effect on the identification of the content and interpretation of this contract.
17.2 These conditions do not affect the rights conferred by the Italian law to the Consumer who is acting as a consumer or the rights guaranteed him by the mandatory provisions of the law to which it is subject.
17.3 In the event that any provisions or part of any provisions of these Terms is presumed to be invalid because it is in contrast or contrary to a rule of law, all other provisions of this agreement or parts of the same clause will remain in full force and effective.
18. Final Provisions
18.1 This agreement replaces all the contracts, agreements and understandings previously existing between the Parties and, along with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the parties subject matter of this contract.
18.2 The Consumer declares not to have been induced to adhere to this agreement from previous oral statements.
18.3 Any changes or modification of this agreement must be accepted in writing by both parties.
The personal data communicated by You to Passione Dolce S.r.l. when registering on the website www.enricorizzi.com (the “Site”) as well as the additional personal information requested for the payment and delivery of the goods purchased through the Site, are essential to fulfilling the obligations, respectively, Your and Passione Dolce S.r.l.’s, regulated in the General Terms and Conditions available on the Site. The lack of such data makes it impossible to conclude the contract for the sale of the products.
Your personal data will be processed mainly through electronic modes, in a legal and correct way and will be stored in a form that allows Your identification for a period not exceeding that necessary for the purposes for which it was collected and subsequently processed. Passione Dolce S.r.l. may perform profiling analysis of Your shopping habits in order to send proposals tailored to Your interests. In accordance with Art. 7 of the Legislative Decree no. 196/2003, You will have, among others the right to obtain, at any moment, the indication (i) relating to the existence or not of personal data that concern You and their communication in an intelligible form; (ii) about the origin of personal data; (iii) about the purposes and the methods of the process; (iv) about the logic applied to the processing; (v) about the recipients or categories of recipients to whom the data may be communicated or who can learn about them as an appointed representative of the State, of managers or agents. You have, also, the right to obtain the update, the rectification, or, when interested, the integration of the data, the deletion, the transformation into anonymous form or the stop of the unlawfully processed data, including data which need not to be kept for the purposes for which the data were collected or subsequently processed, and the certification that the above transactions have been made known, also as regard their content, to those to whom the data were communicated or disclosed, except where such compliance is impossible or involves a manifestly disproportionate use of medias compared to the protected right. The data controller is Passione Dolce S.r.l., with registered office at Via Turati 6, Milano.
Your data may be also used for the delivery of the requested newsletter, as well as, if desired, to inform You about our initiatives, activities, and projects. The data will be processed, mainly with electronic and computer systems and statistical analysis methods, exclusively from our association and are in charge of the services related to the above; they will not be disclosed or disseminated or transferred abroad nor will be subjected to appropriate security procedures. Your data are processed for those purposes by the bodies in charge to process data and informative systems, the technical management of the site, the project implementation and delivery of the newsletter, to the organizers of fundraising campaigns and civic projects. Under the Article 7, of the Legislative Decree n. 196/2003, you can exercise your right to consult, modify, delete data or oppose to their processing for the purposes of sending information by contacting the owner at the above address or to the e-mail firstname.lastname@example.org where is available, on request, the list of the controllers. To stop the newsletter click on the link “unsubscribe newsletter” placed at the bottom of each email sent.