GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
1. Foreword and Parties to the contract
The offer and sale of products, namely (hereinafter, for simplicity’s sake, the “Products”), through the www.scovaventi.it website (hereinafter, for simplicity’s sake, the “Website” ) shall be governed by these General Terms and Conditions (hereinafter, for simplicity’s sake, the “Terms of Sale”) that shall be read by the purchaser (hereinafter the “Customer”) before making any kind of purchase on the Website, and that shall be deemed as accepted upon ordering products on the Website. Failure to view and acceptance of the same shall not allow the execution of the purchase order and conclusion of any sales contract.
The Customer is any natural person who buys products for exclusively personal purposes. Any person who purchases Products as part of their trade, business or professional activities, cannot therefore be considered as a Customer, and the Seller may refuse to sell them products. In particular, this excludes sale to agents, companies and retailers.
The Website and the sale of products are directly managed by Scovaventi S.s. agricola, with registered offices in Italy, Manciano (GR), località X Campigliola Paglieto 56, P.IVA IT- 01577010539, num. REA GR-136659 (hereinafter, for simplicity’s sake “Scovaventi” or “Seller”).
The “Seller” can always be contacted for further information and/or any claims at the following email address firstname.lastname@example.org or on the following telephone number + 39 392 5844232.
The Seller reserves the right to modify these Terms of Sale. It is therefore necessary to review the Terms of Sale before placing an order on www.scovaventi.it. Such modifications shall be immediately enforceable against the Client as of their publication, and shall not apply to contracts concluded earlier.
For any matter not specifically regulated in these Terms and Conditions, please refer to the Italian Legislative Decree 70/2003, to the Italian Consumer Code and to the Italian Civil Code.
Scovaventi sells, and Customers purchase via the online tool, exclusively the products marketed through the website.
Every product sold on the website is represented by a photograph and described in its corresponding information sheets. Specifically, photographic images of the products, which could not be fully representative, are merely to present such products for sale, being as close to reality as possible.
The price listed for each product shall be taken as already including VAT.
The duration and validity of the offer and its price, when not specifically mentioned, coincides with the permanence of the product for sale on the Website. The Seller is free to change any product displayed on the Website at any time.
3. Purchase conditions and conclusion of the contract
To conclude the contract of purchase of the Products, after creating an account, or logging on if the Customer is already registered, the Customer shall fill out an order form and complete the payment transaction in the manner provided, following the procedure established by the Seller, through which the Customer can check any information inserted, correct any error, or enter any missing essential information, before submitting the form.
The order form contains a link to the Terms of Sale, a summary of the information on the characteristics of each product ordered, its corresponding price (including VAT, any applicable taxes and additional freight, delivery or mail), the means of payment accepted to purchase each product and the terms and delivery of any purchased product.
By sending the order form via computer, the Customer expresses its will to purchase. The Seller, which in any case reserves the right at its discretion to refuse any order, providing for the refund of the amount paid by the Customer, accepts the Customer’s proposal by sending a confirmation message containing the terms and conditions (also including provisions on the right of cancellation) in a printable format and a copy of the order with information relating to the essential characteristics of the goods purchased and a detailed indication of the price, means of payment, withdrawal, delivery costs and applicable taxes, to the email address that the Customer specified when creating an account.
Payment methods include PayPal or bank transfer. Data for payment by PayPal or bank transfer are contained in the “Payments” section of the Website and are an integral part of the Terms of Sale.
Payment for Product or Products, taxes, transport and delivery costs, is made at the time the order by the Customer.
In cases of purchase by bank transfer, this shall be made to the bank account of the Seller as indicated on the Website in the “Payments” link. The goods ordered by the Customer shall be retained by Seller until receipt of proof of payment (irrevocable transfer) is sent to the Seller’s email address as indicated in the Foreword, no later than 3 working days of the order date. The order shall be processed only when the actual crediting of the amount due has been made, which nevertheless shall be within 7 working days from the order date. Upon expiry of the aforementioned terms, in the event of failure to make such transfer, the order shall be canceled.
In cases of purchase of goods via PayPal, simultaneously with completion of the online transaction, PayPal shall immediately charge the amount of the order made. In the case of unavailability of funds or refusal to pay by PayPal, the order shall be rejected by the Seller.
In the case of cancellation or non-acceptance, and in other circumstances that legitimise the restitution of the amount paid by the Customer, the Seller shall, by the same means of payment chosen by the Customer, reimburse any sums charged, within the times necessary for the re-accreditation to the Customer’s current account or PayPal account.
5. Product Shipping and Delivery
The specific means of shipping and delivery of the Products is indicated in the “Shipping and Delivery” section of the website, which Users are invited to read carefully. The information reported in that section forms an integral and essential part of these Terms of Sale and, therefore, Users consider themselves fully aware of, and accept such terms at the moment of transmission of any order form.
If the Seller fails to fulfil his obligations to deliver the goods within 30 days pursuant to Article 62, paragraph 1 of the Italian Consumer Code, the Customer hereby agrees, under Article 62, paragraph 3 of the same Consumer Code, to grant an appropriate extension of time to the circumstances of the case.
6. Right of cancellation
In accordance with Article 52, subject to the exceptions referred to in Article 59 of the Consumer Code, Customers have the right to terminate their purchase contracts without providing any reason thereto, and without incurring any additional costs other than those provided for by Article 56, paragraph 2, and Article 57 of the Consumer Code, within 14 days of receipt of the Product/Products purchased.
The right of cancellation may be exercised by the Customer by sending the Seller, within aforesaid period, notification by registered mail with recorded delivery. For the purposes of cancellation’s timeliness, the date of acceptance by the Post Office shall be considered.
Under Article 53, paragraph 1 of the Consumer Code, if unsatisfied by the information requirements set out in Article 49, paragraph 1, lett. h) of the Consumer Code, the term for exercising the right of cancellation ends 12 months after the end of the initial cancellation period, as determined above. If the Seller provides the Customer with information under Article 49, paragraph 1, lett. h) the aforesaid period shall be reduced, pursuant to Article 53, paragraph 2 of the Consumer Code, to 14 days as of receiving such information.
Pursuant to Article 56 of the Consumer Code, the Seller shall refund, using the same means of payment adopted by the Client, every payment received by the latter, possibly including the costs of delivery, without undue delay, and no later than 14 days from the day it was informed of the decision of the customer to terminate the contract under Article 54 of the Consumer Code. The Seller is not required to reimburse any supplementary costs, if the customer has expressly opted for a type of delivery other than the least expensive type offered by the Seller, who may withhold reimbursement until it has received the Product(s).
If delivery of product(s) has already taken place, in accordance with Article 57, paragraph 1 of the Consumer Code, Customers shall return the product(s) to the Seller, or to a person authorised by the same within 14 days of the date on which their decision to terminate the contract was communicated to the Seller, pursuant to Article 54 of the Consumer Code. The deadline shall be deemed reached if Customers return goods prior to the expiration of the 14 day period. Shipping costs for returning product(s) shall be borne by the Customer. Any risk concerning shipment until receipt in the Seller’s warehouse shall be borne by the Customer.
All products shall be returned intact, unused, complete with all its parts, including any documentation and ancillary equipment, and in their original packaging. The Customer, as provided for in Article 57 of the Consumer Code, shall be responsible for any decrease in value of Products resulting from their handling, different to those needed to establish the nature, characteristics and functioning of the goods.
Customers who purchase Products on the Website have the right to a legal warranty of two years as of the Product’s delivery date pursuant to Article 128 and following of the Consumer Code.
Regarding the product’s guarantee of conformity, please note that according to Article 129 of the Consumer Code: “goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) show similar quality and performance levels deemed normal in goods of the same type, and which the consumer can reasonably expect, given the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labelling; d) are also suitable for the particular use intended by the consumer’s requirements, and which were made known to the seller at the time of conclusion of the contract, and which the seller has accepted for concluding facts.
There is no lack of conformity if, at the time the contract was concluded, the consumer was aware of the defect, could not ignore it with ordinary diligence, or if the defect results from instructions or materials provided by the consumer“.
Under Article 130 of the Consumer Code, the Seller is liable to the Customer for any lack of conformity which existed at the time the goods were delivered.
In case of lack of conformity, the Customer has the right to have restored, without charge, the conformity by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6 of Article 130 of the Consumer Code, or to an appropriate price reduction or termination of the contract, in accordance with paragraphs 7, 8 and 9 of Article 130 of the Consumer Code.
The Customer has the faculty to request the Seller to repair or replace the goods, at no charge in both cases, unless the remedy requested is impossible or disproportionate to the other.
Under Article 132 of the Consumer Code, Customers shall lose their guarantees unless they denounce the lack of conformity to Sellers within two months of the date they discovered the defect.
Should Customers intend to avail themselves of the legal guarantees for lack of conformity, they are invited to contact the Seller, by activating the assistance procedure as indicated in the Introduction, specifying the defect. The Seller, based on the case reported and the type of intervention requested, shall then provide the Customer with every necessary instruction for activating the guarantee.
To use the warranty, customers shall keep their invoices for the entire period of validity required.
8. Privacy and GDPR
9. Applicable law and jurisdiction
This contract is governed by Italian law, all disputes arising from the interpretation and execution thereto shall be subject to Italian jurisdiction and will be resolved by the Courts of Rome.