General Sales Conditions
- General provision
The user browsing this area of the web is accessing the website IVANA CIABATTI (WWW.IVANACIABATTI.COM).
Browsing and sending a purchase order on the website entail acceptance of the Conditions and Policies on Data Protection adopted by the website itself and indicated herein.
These General Sales Conditions apply to the sale of products with exclusive reference to purchases carried out on the website IVANA CIABATTI in compliance with the provisions of Chapter III, Title III, Part I, Consumer Code (Leg. Decree no. 206/05 amended by Leg. Decree no. 21/14 and Leg. Decree 70/03) by:
the company ITALPREZIOSI SPA (from hereon also SELLER)
registered office: Arezzo Loc. San Zeno Strada A n. 32 ;
administrative headquarters: Arezzo Via Righi n. 34 ;
registered with REA
number: 01111420517Before accessing the products supplied by the website, the User is required to read these General Sales Conditions that are intended to be generally and unequivocally accepted at the moment of purchase.
The user is invited to download and print off a copy of the purchase form and of these General Sales Conditions that the website IVANA CIABATTI reserves the right to amend unilaterally and without prior notice, effective for all orders sent after the data of publication on the website of the relative amendments.
It is possible to use the website and therefore to access the products supplied on it and to carry out purchases of these products in the following languages:
These General Sales Conditions discipline the supply, the sending and the acceptance of purchase orders of products on the website IVANA CIABATTI and do not discipline, however, the supply of services or the sale of products by subjects other than the seller that are present on the same website through links, banners or other hyperlinks.
Before sending orders and purchasing products and services from other subjects, we suggest that you check their sales conditions.
- Purchasing procedure and contract conclusion
To conclude the purchase contract, it is necessary to fill in the electronic ORDER form which acts as a contract proposal and send it following the relative instructions.
It contains reference to the General Sales Conditions, the pictures of each product and the relative price, payment methods that it is possible to use, means of delivering the purchased products and any shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; means and terms for returning purchased products.
If an invoice is required, it must be requested at the moment when the order is made by entering the Tax Code in the dedicated section.
Before sending the order you will be asked to confirm that you have read the General Sales Conditions including the information about right of withdrawal and the processing of personal data.Once the correctness of the data and of the order have been checked the system will send the buyer a confirmation that the order has been received which shall contain all the identifying elements of the contract that will be concluded and an order number to be used in all subsequent operations.
The purchaser commits to timely communicating any error and/or correction to be made to the order, in the absence of which the contract will be concluded at the conditions indicated in the order confirmation.
Within 72 hours of the order confirmation or, in the case of bank transfer, within 72 hours from when the amount is credited to the bank account of the seller, the latter shall deliver the goods to the carrier.
The contract shall be concluded with the delivery of the goods to the carrier and at that moment the ownership of the goods shall be transferred to the buyer.
The website reserves the right until conclusion of the contract to accept or to not accept in whole or in part, at its own discretion, the order sent by the Client, without the latter being able to make any demands or entitlements, whatsoever, even compensatory, in the case of non acceptance of the order itself. In particular the website reserves the right to not accept purchase proposals and to cancel orders that do not give sufficient solvency guarantees or when – even after discussion with the circuits that manage payments by credit card – there are anomalies in the transactions and in the means of payment used by the Client.
In the case of cancellation of the order the website IVANA CIABATTI shall refund the amount paid by the client within the next 15 days.
The goods shall travel with insurance and in the case of damage during shipping the insurance indemnity shall be due to the seller, who shall carry out a new shipment to the client.
- Registered users
n completing the purchasing procedure, the user must follow the indications on the website and provide his own personal data in a correct and truthful manner.
The confirmation will in any case exonerate the website IVANA CIABATTI from any responsibility regarding the data supplied by the user.
The user must timely inform the website IVANA CIABATTI of any variation to his data, at any time communicated.Should the user communicate data that is not exact or that is incomplete, or if there is a claim by interested parties about payments made, the website IVANA CIABATTI shall have the right to not activate or to suspend the service until what is lacking has been sorted out.
In the case of activation of a profile by a user, the website IVANA CIABATTI shall assign him a username and a password.
The user recognises that such identification methods constitute a system for validating the accesses of the user to the Services and is the only system that is suitable for identifying the user and that any deeds performed through such access shall be attributed to him and shall be binding for him.
The user is obliged to keep his access data secret and to protect it with the due care and attention and to not pass it even temporarily onto third parties.
- Availability of products
The availability of the products refers to the effective availability at the moment when the buyer makes the order.
This availability must however be considered to be purely indicative since, due to the simultaneous presence on the website of several users, the products could be sold to other clients before the order confirmation.
Even after the email confirmation of the order has been sent some cases may occur of partial or total non availability of goods. In this case, the order shall be amended automatically with the removal of the product that is not available and the buyer shall immediately be informed by email.
In the case of cancellation of the order the website IVANA CIABATTI shall refund the amount paid by the client within the next 15 days.
- Products offered
The website IVANA CIABATTI sells:
PRODUCTS CONTAINING EDIBLE GOLD
The details of the offer is on the page WWW.IVANACIABATTI.COMThe Products offered for sale are illustrated in detail within the website menu in the respective sections, divided into categories of Products, with express indication of the price.
The visual representation of the Products on the website, where available, normally corresponds to the photo of the Products themselves with the sole purpose of presenting them for sale, without any guarantee or commitment, by the website IVANA CIABATTI, regarding the exact correspondence of the given picture with the real products and that is with particular regard to the actual dimensions and/or colour appearance of the Products and/or of the packaging.
If there is a difference between the picture and the written product sheet, the description on the product sheet shall always prevail.
- Means of payment and prices
The price of products shall be that indicated each time on the website, except for any manifest errors.
If there are errors the website IVANA CIABATTI shall advise the buyer as soon as possible allowing the amendment of the order to the right price or cancellation.
In any case there shall be no obligation for the website IVANA CIABATTI to supply what has been sold at the lower price that was indicated by error.The prices on the website include VAT and include shipping costs, with the exception of orders from outside the CEE and except for any customs duties set by individual Countries.
The prices indicated may undergo variations at any time but the changes shall not regard the orders for which the order confirmation has already been sent.
Once the products have been selected they shall be added to the shopping cart and it shall only be necessary to follow the instruction for the purchase, entering and verifying the information requested at each step of the process.
The details of the order may be modified before the order confirmation.
Payment may be made by credit card, bank transfer or PayPal. The website accepts the following credit cards: Visa, Mastercard and American Express.
For Visa and Mastercard transactions, the legitimate owner of the credit card must also be registered with the programme 3-D Secure to be able to finalize the purchase.
The data requested in the section «INVOICE ADDRESS » must correspond to the address of the credit card used for the purchase. If this is not the case, we shall not be able to fulfil your order. All the transactions are safe: the website IVANA CIABATTI is equipped with an SSL encrypting system that guarantees the maximum protection of personal data and of the payment.
Should the goods ordered need to be delivered outside of Italy they may be subject to customs duties and import taxes, payable once the parcel reaches the specified destination.
Any additional cost for the customs clearance shall be met by the buyer, as the website has no control over such costs and is not able to foresee the relative amount.
Customs policies vary considerably from country to country therefore it is appropriate for the buyer to contact local customs offices for any information.In fact it is necessary to consider that when you place an order on the website you are acting as an importer, subject as such to all the legislation and regulations of the destination country of the goods.
Moreover, we inform our international clients and clients that send products abroad that deliveries across borders are subject to being opened and products inspected by the customs authorities.
- Delivery, termination and penalties
Ihe website IVANA CIABATTI ships worldwide.
Delivery to the carrier takes place according to the ORDER or if not specified within 72 hours of the order confirmation or from the crediting of the price to the bank account of the seller in the case of bank transfer.Should it not be possible to make the delivery, the order will be held in storage for a maximum of 15 days.
If this occurs a notice will be sent that specifies the place where the goods are held and the ways in which it is possible to have them delivered and the buyer shall contact the carrier to agree a delivery date.
Should the delivery not take place within 15 days of the order being available for delivery due to a cause that cannot be attributed to the website IVANA CIABATTI and the parties do not agree on an extension, the contract shall be deemed to be terminated.
As a consequence of the termination, the price paid shall be refunded deducting the expenses incurred by the website and a penalty equal to 30% of the price of the goods, within 15 days of the date of the termination of the contract.
- Transfer of risk
Risks related to the products shall be transferred to the buyer from the moment of the delivery of the goods, although ownership is considered to be acquired at the conclusion of the contract.
- Damage and returns
The products shall travel under the responsibility of the forwarder/carrier, covered by insurance taken out by the latter in accordance with art. 1891 of the Italian Civil Code on behalf of the seller, the cost of which is included in the price of the product or in the shipment costs for Countries outside the CEE.In the case of damages that occur during the shipping the seller will receive the insurance compensation and shall carry out a new shipment to the client.
The client shall check the integrity of the products at the moment when they are delivered by the courier.
The Client in particular must scrupulously check:
1) That the anti-tampering label is intact and that the packaging has not been damaged or altered in any way
2) That the number of items delivered corresponds to the number indicated on the shipping document;
3) That there is no damage to the wrapping and/or goods.In the case of damage to the anti-tampering label, to packaging and to Products or in the absence of match between the number of items/parcels the client must contest the damages immediately with the carrier, ensuring that the objection is written on the consignment note and taking a photo to be sent by email to the address firstname.lastname@example.org in the next 24 hours.
In fact no type of claim by telephone shall be accepted as it is necessary to have written confirmation and the photo that justifies the claim.
In the absence of these it shall not be possible to accept the objection regarding the integrity of the goods, which shall be considered to have arrived at destination intact and to have been accepted to all effects.
In the case of force majeure, non availability of the means of transport, as well as unforeseeable or unavoidable events that cause a delay in the delivery or make deliveries difficult or impossible or that cause a significant increase in the delivery costs incurred by the website IVANA CIABATTI, the website shall be entitled to split, delay or cancel, in whole or in part, the expected delivery or to terminate the Purchase Contract.
In such a case it shall be the responsibility of the website to provide a timely and suitable communication of its decision to the email address indicated by the Client and the latter shall have the right to be refunded any amount already paid, excluding any further claims, for any reason, towards the website.
- Guarantees and trade compliance
The seller is responsible for any defect of the products offered on the website, including the non compliance of the articles with the products ordered, in accordance with the provisions of Italian regulations.In the case of compliance defects of the Products sold the Client must write to the website IVANA CIABATTI at the address email@example.com.
If the buyer has stipulated the contract as a consumer the legal guarantees prescribed by articles 129, 130 and 132 of the Consumer Code are applicable to the sales of the Products.
he Client has the right to have the goods brought into conformity, without cost, through replacement or through an adequate reduction of the price or through the termination of the contract. The rights of the Client shall be declared to be revoked, if he does not report the compliance defect within two months of the date on which he discovered the defect.
Action aimed at invoking defects that have not been deliberately hidden by the seller shall expire in any case twenty six months after the delivery of the goods.
All costs for returning the defective products in this case shall be met by the seller.
In compliance with legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days in accordance with art. 57 of Leg. Decree 206/2005 starting from the date he received the products.
In the case of multiple purchases carried out by the buyer with a sole order and delivered separately, the term of 30 days starts from the data of receipt of the last product.
The buyer that intends to exercise the right to withdraw shall communicate this to the website IVANA CIABATTI through an express declaration, which shall be sent by recorded delivery with return receipt to ITALPREZIOSI SPA, Via Righi n. 34, 52100 Arezzo.The buyer may also exercise the right to withdraw by sending an express declaration containing his decision to withdraw from the contract or alternatively send the model withdrawal form, as per Attachment A, part B, Leg. Decree 21/2014 which is not mandatory.
The goods must be sent to:
ITALPREZIOSI SPA Via Righi n. 34, 52100 Arezzo.
The goods must be returned intact, with the packaging of the shipment, in the original wrapping, complete in all its parts and with the relative tax documentation attached, in the absence of which the withdrawal shall not be effective.
The buyer shall not accept the goods returned should the return not be in compliance with all the terms and conditions foreseen by the Returns Policy. In such cases the goods shall be returned to the sender at the original shipment address.
Without prejudice to the right to verify respect for the above, the website shall refund the amount of the products for which withdrawal is made within a maximum term of 7 working days, deducting the shipment costs.
As prescribed by art. 56 paragraph 3 of Leg. Decree 206/2005, amended by Leg. Decree 21/2014, the website may suspend the refund until it has received the goods.
The website shall make the refund through bank transfer.
For this purpose the client shall provide bank details: IBAN, SWIFT and BIC necessary for the refund to be made.
- Data processing
- Safeguard clause
Should one of the clauses in these General Sales Conditions become void for any reason this shall not compromise in any case the validity and the respect of the other provisions given in these General Sales Conditions.
Any request for information shall be sent to the following email address firstname.lastname@example.org by telephone at the following number 0575/1842315 by post to the following address: ITALPREZIOSI SPA Arezzo, Via Righi n. 34, 52100.
- Intellectual property rights
All trademarks (whether registered or not), and any intellectual property, distinctive mark or name, image, photograph, written texts or graphics and more in general any other intangible asset protected by laws and by international agreements related to intellectual property and industrial property, reproduced on the website shall remain the exclusive property of the seller and/or of those acting on its behalf, without access to the Website and/or Stipulation of Purchasing Contracts granting the Client any right related to the assets.
Any use, even only partial, of the assets is forbidden without the preventive written authorization of the website and/or of those acting on its behalf, in favour of whom all rights are exclusively reserved.
- Applicable law and jurisdiction
The General Sales Conditions are disciplined by Italian law and interpreted based on such law, without prejudice to any different imperative and prevalent law in the country of habitual residence of the buyer.
As a consequence the interpretation, execution and termination of the General Sales Conditions are subject exclusively to Italian law and any inherent and / or consequent disputes arising from such conditions shall be resolved exclusively by the Italian Judicial Authorities.
In particular, should the buyer be acting as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the buyer based on applicable law, where however he is not acting as a consumer for any dispute regarding this contract the Court of Arezzo shall have exclusive jurisdiction.
Attachment AWITHDRAWAL FORM
in accordance with art. 49, paragraph 1, letter h) Leg. Decree 206/2005
[to be filled in and returned if you wish to withdraw from the contract]
Dear ITALPREZIOSI SPA, Via Righi 34 52100 Arezzo, fax 0575/1842315.
I hereby notify you of my intention to withdraw from the sales contract of the following goods:
Code, description and quantity of products: _____________________
Ordered on _____________________
Received on _____________________
Name and surname (of the person signing): _____________________
Address (of the person signing): _____________________
These conditions have been prepared on _____________________
In accordance with articles 1341 and 1342 of the Italian Civil Code the buyer declares that he specifically knows and approves the clauses contained in the following paragraphs of the General Sales Conditions: 3. Purchasing Procedure; 8. Customs ; 9 Delivery, termination and penalties; 11 ; Damage and returns ; 13 ; Withdrawal ; 18 Applicable law and jurisdiction.