The present document reports the general terms and conditions of use of the website www.benvenuti.it offering sales of clothing and fishing items provided by the owner of the Application
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: Giorgia Turolla, Strada Provinciale, 27 - 44020 Goro (FE), C.F. trlgrg73c50c980o , VAT No. 01805740386 , PEC address email@example.com
Application: the website www.benvenuti.it
Products: the material products sold by the Owner
User: any person who accesses and uses the Application
Consumer User: the natural person over 18 years of age who concludes a contract for purposes unrelated to his business, trade, craft or professional activity
Professional User: the natural person of age or legal entity that concludes a contract for the performance of or for the needs of its entrepreneurial, commercial, craft or professional activity
Terms: this contract governing the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
Scope of application of the Conditions
The use of the Application implies the acceptance of the Terms by the User. If the User does not accept the Terms and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or its services.
The Terms may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Terms carefully and save or print them for future reference.
The Owner reserves the right to change the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, if necessary.
Purchase through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Moreover, any Product images are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are allowed to both Consumer and Professional Users.
Natural persons are allowed to purchase only if they are of age. For minors, any purchase and/or request for supply of Products through the Application must be examined and authorized by their parents or by those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be considered a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or reject the User's order without the User being able to object or complain about anything in any way and/or for any reason.
The contract of sale of the Products is concluded with the acceptance by the Owner of the contractual proposal of the User. The Owner will accept the User's contractual proposal by sending an order confirmation to the email address provided by the User, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the time and any delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be concluded for the Products accepted by the Owner.
You agree to verify the accuracy of the data contained in the order confirmation and immediately notify the owner of any errors and will keep a copy of your order, its confirmation and the Conditions.
The User is responsible for keeping his access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User agrees to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if he suspects or becomes aware of any misuse or improper disclosure of the same.
The User guarantees that the personal information provided during the registration process is complete and true and agrees to hold the Owner harmless and indemnified from any damage, obligation and/or penalty arising from and/or in any way related to the violation by the User of the rules on registration to the Application or the storage of registration credentials.
Account cancellation and closure
The registered User may stop using the Application at any time and deactivate his account or request its cancellation through the interface of the Application, if possible, or by sending a written communication to the email address firstname.lastname@example.org or by calling customer service at 389-4746933.
In the event of a violation by the User of the Terms or applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without prior notice.
Prices and Payments
For each Product is indicated the price including VAT, if due. If the nature of the Product means that it is impossible to calculate it in advance, the method of calculating the price will be indicated.
In addition, all possible taxes, additional charges and delivery costs that may vary depending on the destination, the delivery method chosen and/or the payment method used will be indicated. If these items of expense cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any changes in price will not in any case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third-party tools to process payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).
Should such third party tools deny payment authorization, the Owner will not be able to provide the Products and will not be held liable in any way.
If you wish to receive an invoice, you will be asked for your billing information. For the issuance of the invoice will be based on the information provided by the user that he declares and warrants to be true, releasing to the owner all the most extensive indemnity in this regard.
Delivery of material Products
The material Products (including any material goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge of it.
In the event that it is not possible to supply the Products requested, you will be notified promptly by email, stating when delivery is expected or the reasons why delivery is not possible.
If the User does not intend to accept the new deadline or delivery has become impossible, he can ask for a refund of the amount paid which will be credited promptly in the same mode of payment used by the User for the purchase no later than 14 days from the date on which the Owner became aware of the request for refund.
Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to him/her. Once the delivery document has been signed, the User will not be able to contest the external characteristics of the Products delivered.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of failure to execute the contract due to force majeure.
Right of withdrawal of the Users from the purchase of material Products
The User Consumer has the right to withdraw without any penalty and without specifying the reason within the term of 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form in the following article or any other written statement.
In the case of separate delivery of more than one Product, ordered by the Consumer User in a single order, the period of 14 days for the exercise of the right of withdrawal starts from the day on which the last Product was received.
The Professional User has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address firstname.lastname@example.org, using the optional withdrawal form in the following article or any other written statement.
In the case of separate delivery of several Products, ordered by the Professional User in a single order, the period of 14 days for the exercise of the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the User must return the Product to the Controller without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared to bear it.
In the event of a properly exercised withdrawal, the Owner will refund the payments received by the User, in the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated his intention to withdraw from the contract.
The Owner is not obliged to reimburse the costs of delivery, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Holder, unless it has offered to collect the Product itself, may withhold reimbursement until it has received the Product or until the User Consumer has demonstrated that it has returned the Product.
The Owner will not accept the return if the Product is found to be malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for the shipping costs.
Cases of exclusion of the right of withdrawal of the User
The right of withdrawal from the contract of sale or supply of Products by the User is excluded with respect to
the supply of Products whose price is linked to fluctuations in the financial market that the Holder is not able to control and that may occur during the period of withdrawal
the supply of custom-made or clearly personalized Products
the supply of products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration, including as a result of inappropriate storage
the supply of sealed Products that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery
the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
to contracts in which the User has specifically requested a visit from the Controller or an appointed professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the Controller or a commissioned professional provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal applies to such additional services or goods
the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery
to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
contracts concluded at a public auction
the provision of accommodation for non-residential purposes, transport of goods, car rental services, catering services or services related to leisure activities if the contract provides for a specific date or period of performance.
For further clarification, please contact the Owner at the e-mail address email@example.com or by calling the customer service at 389-4746933.
Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org before the expiration of the withdrawal period:
I hereby communicate my withdrawal from the contract of sale or supply relating to the following product __________
Ordered on: _______
Name and Surname: _______
E-mail associated with the account from which the order was placed: ____________________
Warranty of Material Products for Professional Users
In relation to the material Products, Professional Users will apply the warranties for defects of the thing sold, the warranty for defects in the quality promised and essential and other guarantees provided by the Civil Code with its terms, expiration and limitations (art. 1490 and ss. c.c.).
Guarantee of conformity of material products for Consumer Users
Consumer Users are entitled to the conformity warranty, provided for by articles 129 and following of the Consumers' Code, for all material Products sold through the Application, except for the exclusions provided for by article 128 of the Consumers' Code.
The Owner is liable to the User Consumer for any lack of conformity that becomes apparent within two years of delivery. During the first year, the User Consumer is not required to prove that the defect existed at the time of delivery as it is presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Material Product or the nature of the conformity defect.
If the User Consumer intends to take advantage of the remedies provided by the guarantee of conformity, he must send written notice to the e-mail email@example.com or by calling customer service at 389-4746933.
The Owner will promptly reply and indicate to the User Consumer the procedure to follow.
For anything not provided for in this clause, articles 128 to 135-septies of the Consumer Code and articles of the Civil Code regarding the formation, validity and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, shall apply.
Industrial and Intellectual Property Rights
All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptation are protected by copyright and trademark legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal use, the Contents may not be copied, altered, distributed, published or used without specific authorization from the Owner.
Disclaimer of Warranty
The Application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet Users' needs or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for events of force majeure.
Limitation of Liability
The owner shall not be liable to the user, except in the case of fraud or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its control or its suppliers.
The owner will not be liable for damages, losses and costs incurred by the user as a result of failure to execute the contract for reasons not attributable to him, having the user is only entitled to a full refund of the price paid and any additional charges incurred.
The Holder assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, name of the owner, password, etc.).
The Holder shall not be liable for:
any loss of business opportunity and any other loss, even indirect, that may be suffered by the User that are not a direct result of the breach of contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry of such data
In no case can the Owner be held responsible for a sum greater than twice the cost paid by the User.
The owner can not be held responsible for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the owner due to force majeure or, however, unforeseen and unforeseeable events and, however, independent of his will.
The performance of the obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The owner will take any action in its power in order to find solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.
Links to third party sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, for which the Owner accepts no responsibility.
Applicable law and competent court
The Conditions are subject to Italian law.
For Professional Users, any dispute relating to the application, execution and interpretation of these Terms shall be subject to the jurisdiction of the court in the place where the Owner is based.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Terms shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to refer to a judge other than the "consumer court" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria referred to in Articles. 18, 19 and 20 of the Civil Procedural Code.
It is subject to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions of the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in case of exercise of this right, the procedures and formalities for the communication of the same and the legal guarantee of conformity.
Online Dispute Resolution for Consumer Users
Consumer Users residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to resolve in a non-judicial way any dispute relating to and / or arising from contracts for the sale of goods and provision of services concluded online. Consequently, the User Consumer can use this platform to resolve any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
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