TERMINI E CONDIZIONI

PREMESSE

These General Terms and Conditions of Sale regulate the purchase, through telematic means, of products (“Products”) presented on the website https://specolizzishop.com/ (“Site”), managed by Mario Licchelli p.iva 02389060753 c.f LCCMRA61E11H047I, with registered office at Via Gioberti, 149 – 73054 Presicce-Acquarica (Le), tel +393341840662, e-mail info@specolizzishop.com

These General Terms and Conditions of Sale form an integral and essential part of the contract for the purchase of any product and govern exclusively the offer, transmission, acceptance, dispatch, terms of purchase and right of withdrawal of orders for the purchase of products on the Site https://specolizzishop.com/ between users of and the Company

On the other hand, these General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than Specolizzi Shop, which are present on the Site via hypertext links, links or banners. Before purchasing products and services from parties other than Specolizzi Shops, it is strongly recommended that you carefully check the terms and conditions of sale of third parties, because www.specolizzishop.com is not responsible for the provision of services by third parties or for the conclusion of contracts between Specolizzi Shop users and third parties.

The applicable General Terms and Conditions of Sale are those in force on the date of transmission of the purchase order. They can be changed at any time by Specolizzi Shop and any changes will be in force from the moment they are published on the Site.

The purchase of Products shall be governed, in addition to these Preamble and the special conditions of each individual order, exclusively by the provisions contained in the following paragraphs of these General Terms and Conditions of Sale. Finally, it should be noted that the provisions of the General Terms and Conditions of Sale referring to Consumers (as defined below) shall apply exclusively to persons falling within the relevant definition. Consumers will benefit, in particular, from all the protections provided for in the case of the conclusion of distance contracts pursuant to Title III, Section II of Legislative Decree no. 6 September 2005, no. 206 (‘Consumer Code’), as well as all further protections provided for, in favour of Consumers, by the Consumer Code itself and by any other applicable law.

1. INFORMAZIONI SU www.specolizzishop.com

www.specolizzishop.com is an e-commerce service for food products in Italian, English, French and German.

The contents of the Site (texts, graphics, images and animations) are protected by copyright: their reproduction and publication in any form whatsoever is therefore prohibited without the written authorisation of Specolizzi Shop

Trademarks, logos and other distinctive signs of various kinds on the Site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other Internet sites, by unauthorised third parties is prohibited.

www.specolizzishop.com does not sell used, irregular or substandard products.

2. AMBITO DI APPLICAZIONE E CONCLUSIONE DEL CONTRATTO

The offer and sale on the Site of the Products constitute a distance contract governed by Article 49 et seq. of Legislative Decree No. 49 of 6 September 2005. 206, as amended by Leg. no. 21/2014 (‘Consumer Code’), and by Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.

Customer is the person (natural or legal) who makes a purchase on the Site, accepting the General Terms and Conditions of Sale (hereinafter, Customer). Before making a purchase, the Customer must read these General Terms and Conditions of Sale and accept them by ticking the box indicated.

The Customer undertakes to verify the correctness of the data in the order summary and to change any errors before proceeding to payment. At the time the order is transmitted, the consumer or professional customer unconditionally accepts and undertakes to observe, in his or her dealings with Specolizzi Shop, the general conditions and payment terms set out below, declaring that he or she has read and acceded to all the information provided to him or her during the purchase process.

3. CONCLUSIONE DEL CONTRATTO

Both natural and legal persons are allowed to purchase. A purchaser who enters a VAT number when registering cannot be considered a consumer within the meaning of Article 3(1)(a) of the Consumer Code (a consumer is defined as a natural person who is acting for purposes which are outside his or her trade, business, craft or profession).

In order to proceed with the purchase of one or more Products through the Site, it is not necessary for the Customer to create a personal account, since it is possible to fill in the order also in guest mode by providing Specolizzi Shop with all the data necessary to allow it to accept and execute the orders placed, authorising it to process them in accordance with the current provisions on the protection of personal data.

However, it is advisable to fill in the appropriate form to register and create a personal account, as this will allow the Customer to keep track of all orders placed on the Site, to store all shipping addresses and to have access to other useful features that Specolizzi Shop reserves the right to include in the future.

Once on the Site, the Customer may select one or more Products that will make up his or her virtual ‘basket’, the contents of which he or she may always view or modify before proceeding to place the Order.

Any Order placed in this manner shall be deemed, to all intents and purposes, to be a contractual proposal by the Customer. The placing of the Order by the Customer will be promptly followed by the receipt of a confirmation e-mail from Specolizzi Shop on the e-mail account communicated at the time of ordering. By sending this e-mail, Specolizzi Shop will also inform the Customer whether the Order can be accepted or not (Order Confirmation).

In the event of non-acceptance, the Customer has no rights or claims whatsoever against Specolizzi Shop.

The Order shall in any case be deemed accepted – and consequently the Contract concluded – when the Customer receives, on his e-mail address, the e-mail confirming acceptance of the Order by https://specolizzishop.com/.

The date and method of delivery will be communicated by e-mail after payment and subsequent dispatch.

4. ORDINI DI ACQUISTO

The Customer undertakes to verify the correctness of the information in the Order Summary and to promptly communicate any corrections by means of the available contacts on the Site or in this notice.

The customer who made the purchase can access their order and check its status by logging into their personal profile in the My Account section.

Once the contract is concluded, https://specolizzishop.com/ shall take charge of the purchase order, reserving the right not to process all purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect, or if the products are unavailable.

In these cases, https://specolizzishop.com/provvederà shall give adequate information by e-mail or telephone (using the data entered by the Customer at the time of purchase) within 7 (seven) days (excluding Saturdays and public holidays) of receipt of the order, specifying the reasons.

In the event that https://specolizzishop.com/ does not accept or cancels an order for which payment has already been made, https://specolizzishop.com/ will promptly refund the full amount received, in the same manner used by the customer to pay, as soon as the customer has provided the necessary information.

It is understood, however, that the return of the price represents the only charge to be borne by Specolizzi Shop for non-acceptance or cancellation of the order, any form of liability on the part of https://specolizzishop.com/ being excluded in this regard.

By telematically transmitting the order form, the Customer confirms that he/she knows, accepts and undertakes to unconditionally observe, in his/her relations with Specolizzi Shop, these General Sales Conditions and the further information contained on the Site, also referred to through links, including the Privacy Policy.

5. PASSAGGIO DEL RISCHIO E DELLA PROPRIETÀ

If the Customer is not a Consumer, as provided for in Art. 1510, paragraph 2, of the Italian Civil Code, ownership of the Product shall pass to the Customer at the time the Product is delivered to the carrier or forwarding agent for delivery to the Customer’s domicile or to the address indicated by the Customer at the time of the order. The Product therefore travels at the risk and peril of the Customer, it being agreed that each shipment is carried out on the Customer’s behalf and that, therefore, Specolizzi Shop is exonerated from any liability from the moment it is delivered to the carrier/freight forwarder.

If the Customer is a Consumer, as provided for in Art. 63 of the Consumer Code, the risk of loss of or damage to the Products due to causes not attributable to Specolizzi Shops, is transferred to the Customer only at the moment in which the latter, or a third party designated by him and different from the carrier, materially takes possession of the Products.

6. DISPONIBILITÀ ED INFORMAZIONI DEI PRODOTTI

The Products offered by Specolizzi Shop on the Site are usually in stock at the time of the Order. That said, the actual availability of a Product is, however, only indicative, depending on the number and size of orders placed by Customers in the very short term. Orders may therefore be subject to quantity limitations and Products are offered within the limits of actual stock availability. If one or more Products are missing, Specolizzi Shop will be promptly notified by Specolizzi Shop, which reserves the right to propose to the Customer to change the Order placed or to cancel it, returning in the latter case any amount paid by the Customer in the days immediately following and in any case within a maximum of 14 days from the date of payment.

All information and indications contained on Product labels and product sheets (visible directly on the Site) are made by Specolizzi Shop, which guarantees their correctness and truthfulness. For any reports or additional information, the customer may contact Specolizzi Shop by e-mail.

The images of the Products for sale on the Site may, however, not be perfectly representative of their characteristics, but may differ in colour, size, accessory Products or other, also due to the characteristics of the Internet browser and/or monitor used. This purchase support information is therefore to be understood as generic and purely indicative information material.

7. LIMITAZIONI D’USO

Specolizzi Shop assumes no liability for damage to property or persons caused by the improper use of the product purchased via the Site.

8. PREZZI

All prices published on the Site are in Euro and include VAT https://specolizzishop.com/ reserves the right to change the price of Products at any time. It is understood that the price of the Product that will be charged to the Customer will be the price indicated on the Site at the time of the order and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the order.

9. LIMITE DI RESPONSABILITÀ

These general conditions outline the entire scope of Specolizzi Shop’s liability in respect of items sold on the https://specolizzishop.com/ website.with the exclusion of any other warranties, conditions and terms, express or implied, established by law, also with reference to the quality or suitability of the articles for specific uses, save in any case those warranties that, by law, cannot be waived, with reference in particular to the provisions of Article 1229 of the Civil Code and on the subject of liability for defective products and consumer protection.

Specolizzi Shop does not offer any guarantee or liability for the unsuitability of the products for the purposes claimed by the Customer and in no event shall Specolizzi Shop be liable for loss of profit or for any indirect damage suffered by the Customer as a result of a fact, act or omission attributable to Specolizzi Shop under these general conditions or otherwise in connection with the sale that is the subject of these general conditions.

10. GARANZIA LEGALE DI CONFORMITÀ

All new Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (‘Legal Guarantee’).

The Legal Warranty is reserved for consumers. It therefore applies only to Customers who have made their purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. In order to benefit from the Legal Warranty, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the Customer, for the purposes of this proof, to keep the purchase receipt, as well as the DDT or any other document that can certify the date of purchase.

Any defects caused by accidental events or by the Customer’s responsibility or by use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product are excluded from the scope of the Legal Guarantee.

In the event of a lack of conformity duly reported within the terms, the Customer has the right:

    1. • in via primaria, alla sostituzione gratuita del bene;
    2. • in via secondaria (nel caso cioè la sostituzione sia impossibile, per esempio perché il prodotto non è più disponibile ovvero la sostituzione non sia stata realizzata entro termini congrui ovvero la sostituzione precedentemente effettuata abbia arrecato notevoli inconvenienti al consumatore) alla riduzione del prezzo o alla risoluzione del contratto, a sua scelta.

11. PRIVACY POLICY

The processing of Customers’ personal data by Specolizzi Shop will be carried out in compliance with fundamental rights and freedoms, as well as the dignity of the interested parties, with particular reference to confidentiality, personal identity and the right to protection of personal data, in accordance to the provisions of the Privacy Code and to what is contained in the Information made available to Customers at the time of registration on the Site and before placing the Order.

For any further information on the Privacy Policy it is possible to send requests to our e-mail address or to the address of the registered office of Specolizzi Shop.

12. LEGGE APPLICABILE E SOLUZIONE DELLE CONTROVERSIE

These General Conditions of Sale are governed by Italian law and subject to Italian jurisdiction. The application to them of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any dispute concerning the validity, execution or interpretation of these General Conditions of Sale and the related effects, the following are competent: a) the Court of the Customer’s place of residence or domicile, if the Customer is a consumer and is resident or domiciled in Italy; b) exclusively the Court of Lecce, in any other case, without prejudice to the application of the mandatory rules for the protection of the Consumer referred to in Legislative Decree no. 206/2005.