GENERAL TERMS AND CONDITIONS OF ONLINE SALE
General Provisions
The terms and conditions set out below apply exclusively between the company DE MALDE’ Az. Agricola di Paola Pagani, with its registered office at Via Laveni No. 49 – 25030 Adro (BS) – VAT No. 02356050985 (hereinafter referred to as ‘DE MALDE’)) and any person (hereinafter referred to as the ‘CUSTOMER’) who makes online purchases on the website www.linsalatadellorto.it, in accordance with the provisions of the Consumer Code, as set out in Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003, concerning e-commerce.
These terms and conditions may be subject to change, and the date of their publication on the website shall be deemed the date on which they come into force.
ARTICLE 1 – Subject matter of the contract
The subject matter of the contract is the sale by THE SISTER’S LAB. S.R.L. to the CUSTOMER of the products published on the website www.de-malde.it, where the name of the item and its essential characteristics are expressly stated.
THE SISTER’S LAB. S.R.L. undertakes to describe and present the items sold on the website as accurately as possible. Nevertheless, there may be some errors, inaccuracies or minor differences between the website and the actual product. Furthermore, the photographs of the products displayed on www.linsalatadellorto.it do not constitute a contractual element, but are for illustrative purposes only, as the colours and aesthetic features of the packaging, labels and product may vary depending on the monitor used by the CUSTOMER; the seller therefore does not guarantee that these are accurately reproduced.
The information published on the website may be subject to changes or updates, with a view to providing a better service to the CUSTOMER; any such changes will be promptly communicated upon confirmation of the order.
The Customer undertakes to read these general terms and conditions of sale, in particular the pre-contractual information provided by THE SISTER’S LAB. S.R.L., before confirming their order, and to accept them by ticking the box provided.
In the order confirmation email, the CUSTOMER will also receive a link to download and save a copy of these general terms and conditions of sale, as provided for in Article 51(1) of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – Article 49 of Legislative Decree 206/205
Prior to the conclusion of the purchase contract and before confirming the order with a “payment obligation”, the CUSTOMER is informed, in accordance with the provisions of Article 49 of the Consumer Code, of, amongst other things:
– the main characteristics of the goods;
– the identity of the seller, as well as their address and contact details;
– the total price of the goods including taxes, with a breakdown of delivery charges and any other costs;
– payment methods;
– the deadline by which THE SISTER’S LAB. S.R.L. undertakes to deliver the goods;
– the conditions, terms and procedures for exercising the right of withdrawal (Article 7 of these terms and conditions), as well as the standard withdrawal form set out in Annex I, Part B of Legislative Decree 206/2005;
– information that the CUSTOMER shall bear the cost of returning the goods in the event of withdrawal;
– the existence of the statutory guarantee of conformity for the goods purchased.
In any event, the CUSTOMER may, at any time and in any case prior to the conclusion of the contract, access information relating to THE SISTER’S LAB. S.R.L., such as its physical address, telephone and fax numbers, and email address. This information is also set out below:
THE SISTER’S LAB. S.R.L.
Via Giare No. 144/a
30034 Mira (VE)
Tel. 041/5675206
ARTICLE 3 – Conclusion and Effectiveness of the Contract
The contract may be concluded exclusively via the internet, by the CUSTOMER accessing the website www.linsalatadellorto.it and placing a purchase order in accordance with the procedure set out on the website itself.
In particular, the sales contract is deemed to have been concluded when THE SISTER’S LAB. S.R.L. sends the CUSTOMER an email confirming the order. The email contains the CUSTOMER’s details and the order number, the price of the goods purchased, the delivery charges and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to check the accuracy of the personal details contained therein and to notify THE SISTER’S LAB. S.R.L. promptly of any corrections.
ARTICLE 4 – Product availability
Product availability refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be regarded as purely indicative because, due to the simultaneous presence of multiple users on the website, the products may be sold to other CUSTOMERS before the order is confirmed.
Even after THE SISTER’S LAB. S.R.L. has sent the order confirmation email, there may be cases where the goods are partially or totally unavailable. In such an event, THE SISTER’S LAB. S.R.L. will contact the CUSTOMER to work together to agree on the most suitable solution. Should it prove impossible to reach an agreement in the latter instance, the CUSTOMER may request the cancellation of the order, thereby terminating the contract. THE SISTER’S LAB. S.R.L. will refund any amount already paid within 14 days of the date on which THE SISTER’S LAB. S.R.L. became aware of the customer’s decision to terminate the contract.
ARTICLE 5 – Prices
All sales prices of the products listed on the website www.linsalatadellorto.it are quoted in euros and include VAT.
Delivery charges are not included in the purchase price but are shown and calculated upon completion of the purchase process, prior to payment being made.
The CUSTOMER accepts that THE SISTER’S LAB. S.R.L. reserves the right to amend its prices at any time; it is understood, however, that the goods will be invoiced on the basis of the prices indicated on the website at the time the order is placed and as stated in the confirmation email sent by THE SISTER’S LAB. S.R.L. to the CUSTOMER.
In the event of a computer, manual, technical or any other type of error resulting in a substantial change to the retail price not envisaged by THE SISTER’S LAB. S.R.L., to the retail price, such as to render it exorbitant or clearly derisory, the purchase order shall be deemed invalid and cancelled, and any amount paid by the CUSTOMER shall be refunded within 14 days of the date of cancellation.
ARTICLE 6 – Payment methods
Any payment by the CUSTOMER may only be made using the credit cards listed on the website www.linsalatadellorto.it, by bank transfer, or in cash to the courier (within the limits provided for by law).
Communications relating to payment and the data provided by the CUSTOMER at the time of payment shall be transmitted via secure channels.
ARTICLE 7 – Right of withdrawal
The CUSTOMER has the right to withdraw from the contract, without giving any reason, within 14 days of the date on which they or a third party appointed by them received the product(s) and, in the case of the purchase of multiple products delivered separately but included in a single order, received the last product.
To exercise the right of withdrawal, THE SISTER’S LAB. S.R.L., with its registered office at Via Giare No. 144/A, 30034 Mira (VE), must be informed of the decision by sending an explicit statement or by using the withdrawal form set out in Annex I, Part B of Legislative Decree No. 206/2005.
To meet the deadline, it is sufficient to send the notice of withdrawal or the fully completed form before the expiry of the withdrawal period.
Where the right of withdrawal is validly exercised, the customer will be refunded the payments made, including delivery costs (with the exception of any additional costs arising from the consumer’s choice of a delivery method other than the least expensive option offered by THE SISTER’S LAB. S.R.L.), without undue delay and in any event no later than 14 days from receipt of the notice of withdrawal. Such refunds will be made by bank transfer or postal order.
The refund may be withheld until the goods have been received and inspected, or until the CUSTOMER has provided proof of having returned the goods, whichever is earlier.
If the product has been delivered, the CUSTOMER must return it undamaged in its original packaging to THE SISTER’S LAB. S.R.L., with its registered office at Via Giare No. 144/A, 30034 Mira (VE), without undue delay and, in any event, within 14 days of the date on which notice of withdrawal was given. The deadline is deemed to have been met if the goods are dispatched before the end of the 14-day period. The direct costs of returning the goods shall be borne by the CUSTOMER.
ARTICLE 8 – Statutory guarantee of conformity
In the event of receiving bottles that do not comply with the order or are damaged, the CUSTOMER is entitled to have the product brought into conformity free of charge, by means of replacement.
ARTICLE 9 – Delivery terms
THE SISTER’S LAB. S.R.L. will only accept orders for delivery within Italy and the Republic of San Marino. THE SISTER’S LAB. S.R.L. undertakes to deliver the goods by courier to the address specified by the CUSTOMER at the time of ordering, within 20 days from the date on which THE SISTER’S LAB. S.R.L. sends the order confirmation email to the CUSTOMER.
Upon receipt of the goods, the CUSTOMER is required to check that they are intact; should the CUSTOMER have any doubts regarding their integrity, they must note this on the delivery receipt, stating ‘reservation of rights’ or ‘damaged parcel’, and must not accept the damaged parcel but return it to the courier.
For every order placed on the website www.linsalatadellorto.it, THE SISTER’S LAB. S.R.L. will issue an invoice for the goods dispatched. The invoice will be sent by post or by email.
The invoice will contain all the information provided by the CUSTOMER during the purchase process.
Once the invoice has been issued, it will no longer be possible to make any changes to the details stated therein.
ARTICLE 10 – Liability
THE SISTER’S LAB. S.R.L. accepts no liability for service disruptions attributable to force majeure or unforeseeable circumstances, including those arising from malfunctions or disruptions to the internet, should it be unable to fulfil the order within the stipulated timeframe. THE SISTER’S LAB. S.R.L. shall not be liable for the actions of the courier transporting the goods in the event of a delay in delivery or damage to the goods.
ARTICLE 11 – Access to the website
The CUSTOMER is entitled to access the website for the purpose of browsing and making purchases. No other use, in particular commercial use, of the website or its content is permitted. The integrity of the elements of this website, whether audio or visual, and the related technology used remain the property of THE SISTER’S LAB. S.R.L. and are protected by intellectual property rights.
ARTICLE 12 – Cookies
The website www.linsalatadellorto.it uses cookies. Cookies are electronic files that record information relating to the CUSTOMER’s browsing activity on the website (pages viewed, date and time of visit, etc.) and which enable THE SISTER’S LAB. S.R.L. to offer a personalised service to its customers.
THE SISTER’S LAB. S.R.L. informs the CUSTOMER that they may disable the creation of such files by accessing their internet settings menu. It is understood that disabling cookies will prevent the CUSTOMER from proceeding with an online purchase.
ARTICLE 13 – Provision and processing of personal data
THE SISTER’S LAB. S.R.L. undertakes to collect personal data for the sole purpose of registering the CUSTOMER and initiating the procedure to fulfil their order; the data will be processed in accordance with current legislation. The CUSTOMER consents to the processing of their personal data for the fulfilment of the order and to receive newsletters.
ARTICLE 14 – Entire Agreement
These General Terms and Conditions of Sale consist of all the clauses contained herein. Should one or more provisions of these General Terms and Conditions of Sale be deemed invalid or declared as such under the law, regulations or following a decision by a court having jurisdiction, the remaining provisions shall remain in full force and effect.
ARTICLE 15 – Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Italian law.
Any dispute that may arise shall be subject, without exception, to the territorial jurisdiction of the court of the consumer’s place of residence or domicile, provided these are located within the territory of the State; otherwise, the court of Venice shall have exclusive jurisdiction.