General conditions of sale
These general conditions of sale apply exclusively to products marketed through I&T s.r.l. innovative with registered office in via Vertoiba 2 (20137) Milan, share capital Euro 22,000.00, VAT number 09780790961, (I&T) through the website www.intavoliamo.it. The Site hosts a marketplace through which third parties (Sellers) promote and / or market their products. The products, therefore, are not sold directly by I&T but by each individual Seller, as appropriate. Based on agreements between each Seller and I&T, the user is obliged to pay the amount due for the purchase of products directly to the Seller.
The Site is owned by I&T, which is also the owner of the domain name of the Site.
- Scope of application
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 These General Conditions of Sale apply to all sales made by the Sellers on the Site.
1.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication in the "General Conditions of Sale" section of the Site. For this reason, users are invited to regularly access the Site and consult, before making any purchase, the version most updated of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.4 These General Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than the Sellers who are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. I&T and the Sellers are not responsible for the provision of services and / or for the sale of products by such parties. On the websites that can be consulted through these links, I&T does not carry out any checks and / or monitoring. I&T is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
- Purchases on the Site
2.1 Access to sales made through the Site is reserved exclusively for users over the age of 18.nni 18.
2.2 Access to the offers on the Site is allowed only to users who are consumers, as defined by art. 3, co. 1, lett. a) of Legislative Decree 206/2005 (Consumer Code), meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any commercial, craft, business or professional activity carried out.
2.3 Under no circumstances may resellers or wholesalers or, in general, all subjects who intend to purchase the Products for the purpose of subsequent resale, make purchases on the Site. It is therefore forbidden for these subjects to make purchases on the Site.
2.4 I&T reserves the right to refuse or cancel orders that come (i) from a user with whom it or at least one of the Sellers has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase agreement; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not promptly sent I&T the documents requested by it under these General Conditions of Sale or who have sent invalid documents; (v) from users who do not give sufficient guarantees of solvency.
- Registration on the Site
3.1 The purchase of Products on the Site is possible for both registered and unregistered users. Registration on the Site is free. To register on the Site, the user must fill in the registration form accessible from the "Login / Sign up" link on each page of the Site. Registration will be confirmed by e-mail to the user who, to complete the registration procedure, must click in the specific link contained in the communication received. Registering on the Site allows the user to carry out the following activities through a private and personal area (Profile), among others:
- follow the tracking of the shipment and the status of the orders;
- consult the order history;
- exercise the online withdrawal;
- access after-sales services;
- manage their personal data and modify and / or update them at any time;
- add or modify the saved credit card (s) or delete them;
- manage their privacy options and, in the case of consent to marketing, manage the newsletters, choosing which ones to receive.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform I&T without delay, by contacting it as indicated in art. 13, in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and truthful. The user agrees to hold I&T harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way related to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
- Information aimed at the conclusion of the contract
4.1 InIn accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, I&T informs the user on behalf of the Sellers that:
- to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to I&T, electronically, following the instructions that will appear on the Site from time to time and that they will accompany the different phases of the purchase;
- the contract is concluded when the order form reaches the I&T server;
- once the order form has been registered and the confirmation of the authorization to pay the total amount due has been received, I&T will send the user, via e-mail to the indicated e-mail address, the order confirmation, containing a summary of the General Conditions of Sale and of the special conditions applicable to the contract, the information relating to the characteristics of the Product purchased, the detailed indication of the price, the means of payment used, information on the right of withdrawal, delivery costs and any costs additional, of the duration of the contract, if applicable, as well as, in the case of an automatic renewal contract, an indication of the conditions for terminating the contract, and of the Customer Service contacts, which the user can contact to request assistance and / or present complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in art. 10 will be attached to the e-mail confirming the shipment of the Products;
- the order form will be filed in the I&T database for the time necessary to process the order and, in any case, in accordance with the law. The user registered on the Site will be able to check his order through his Profile. The user who has not registered on the Site can do so by contacting I&T at the addresses indicated in art. 13.
4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.
- Validity of prices
5.1 All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"). Shipping costs and any other possible additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the user proceeds to transmit it, as well as on the e-mail of order confirmation. It is possible that some Products are sold exempt from VAT, in this case due information will be given on the Site.
5.2 The price of the Products can be changed by the Seller at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increasing or decreasing) in the price subsequent to the transmission of the order will not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Strikethrough Price) and with respect to which the discount applied by the Seller is calculated corresponds to the list price published on the Site, or to the price of the list to the public.
The methods of calculating the Strikethrough Price vary from Product to Product. The methods for calculating the Strikethrough Price of the individual Product will be specifically indicated in the Product Sheet of each Product.
The user is reminded that the Crossed Prices can provide an indication of the value of the Product, but that in some shops the actual price of the same may be different.
Through the Community, each user will have the opportunity to send I&T photos and videos with the exclusive subject of food products, recipes, information on food and wine traditions, reporting of new products and companies that produce them, places where you can taste or find certain products and activities of interest. of food and wine tourism (Social Material).
Each Social Material published on the Site will make the Community user obtain points that can be converted into coupons to be spent for the purchase of products offered for sale on the Site, according to the conversion values published on the Site (e.g. every 50 points , a discount voucher worth 5 euros; every 100 points, a discount voucher worth 10 euros).
With reference to the Social Material, the user undertakes to transmit to I&T only material not covered by copyright or which in any case does not infringe the rights of third parties, undertaking to indemnify and hold I&T harmless from any liability or damage (even potential) that may derive from the publication of the Social Material on the Site. The user acknowledges that the material sent to I&T will remain the exclusive property of I&T, even after the possible closure of the user's account with the Community. In this case, the material may remain published on the Site, subject to compliance with the personal data of the user and / or third parties.
The Site will indicate for which products it is possible to take advantage of the discount coupons obtained by sending Social Material to I&T.
Each discount voucher can be used only once and cannot be combined. The discount voucher cannot be refunded. The discount voucher can only be used for purchases over 50% of the value of the voucher: the user can integrate the payment with the payment tools on the Site.
- Purchase Orders - Product Information
6.1 The Product will be shipped only after the Seller has received confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The user will be notified immediately after the order is sent, via the Site, of this termination and the consequent cancellation of the order.
6.2 The Products will become the property of the user only after payment of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to I&T and / or the Seller, on the other hand, will be transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems, computers or mobile devices (for example, cell phones or smartphones, including iPhones) used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
- Product Availability
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, the Seller, without prejudice to the user's right to compensation for damage, will reimburse this amount without undue delay and, in any case, within the maximum term of 30 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.
7.3 In the case of orders concerning a plurality of Products (Multiple Order) if the unavailability concerns only some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, if the unavailability concerns all the Products object of the order - I&T will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product (s) that have become unavailable, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the Total Amount Due has already occurred, the Seller, without prejudice to the right of the user to compensation for damages, will reimburse the amount due in relation to such Product (s), including delivery costs, and any other additional costs due in relation to such Products (Partial Amount Due) without undue delay and, in any case, within the maximum term of 30 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available.
- Delivery of the Products purchased
8.1 he deliveries of the purchased Products are made exclusively in Italy (including the Republic of San Marino) and are organized by I&T on behalf of the Seller.
8.2 Delivery is subject to charges. Delivery costs are charged to the user, unless otherwise indicated during the purchase process and / or in other parts of the Site. The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds with the transmission of the same. The indication of these costs will also appear in the Profile section (only for the registered user) and in the order confirmation. An additional cost may be required for delivery in some areas. This cost will be specifically indicated during the purchase procedure and, in any case, before the completion of the same, as well as in the order summary. The delivery terms will be specifically indicated during the purchase procedure and in the order summary, and, in any case, before the user sends the order. They will also be indicated in the order confirmation and in the Profile section of the Site (only for registered users). In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.
8.3 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.
It is up to the user to check the conditions of the Product that was delivered to him / that he has withdrawn. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to I&T and / or the Seller, is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Product , the user is advised to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and he is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
8.4 The Products purchased on the Site will be sent and delivered to the address indicated by the user. Delivery will be made, unless otherwise indicated on the Site, by the courier appointed by the Seller from time to time, from Monday to Friday, during normal office hours (from 9:00 to 18:00), excluding national holidays.
8.5 Upon delivery of the Products to the courier, the user will be sent an e-mail confirming the shipment in which the tracking number will be indicated through which he can check the status of the shipment in the Profile section of the Site (this is for the 'user registered on the Site; the user who has not registered on the Site may, for this purpose, contact I&T at the contacts indicated in art.13 or, if this service is available with reference to the courier in charge of shipping, by accessing the linked link to the shipping code from the courier's website or application). This e-mail will also contain the indications relating to the delivery procedure, the deadline for collection in case of non-delivery due to the absence of the recipient and the consequences of failure to collect within the indicated deadline.
8.6. The user acknowledges that the withdrawal of the Product is a specific obligation arising from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier, according to its own procedures, will contact the user. After 2 unsuccessful delivery attempts, the package will go "in stock". As soon as the package is "in stock", the Courier's customer service will contact the user in order to unblock the stock and ensure that the package is delivered to him as soon as possible. If necessary, the courier's customer service may agree with the user to change the delivery address. In the event that the delivery attempt following the courier's customer service contact also fails or if the user does not respond to the courier's customer service contact attempt, the package will be returned to the Seller and the user will be warned of this circumstance by e-mail. The user acknowledges that, after thirty (30) days from when the package is returned to the Seller, the contract can be considered terminated and the purchase order canceled pursuant to art. 1456 of the civil code. Once the contract is terminated, the Seller will reimburse the Total Amount Due, if already paid by the user, less the costs of the unsuccessful delivery of the Product, as well as the costs of returning the Seller and any other expense in which the Seller incurred due to non-delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. The refund amount will be credited to the means or payment solution used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.
In the event that, before the expiration of the thirty days mentioned above, the user requests to receive the purchased Product again, the Seller will proceed with the new delivery, after charging the costs of the same, the costs of returning the Product to the Seller.
8.7 In the event that, before the expiration of the thirty days mentioned above, the user requests to receive the purchased Product again, the Seller will proceed with the new delivery, after charging the costs of the same, the costs of returning the Product to the Seller.
8.8 In the event of termination of the purchase contract pursuant to art. 61 of the Consumer Code, the Seller will refund the User the Total Amount Due without undue delay.
8.9 In the case of Multiple Orders involving Products that must be delivered separately, the above provisions will be applied independently to each delivery and Product.
8.10 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that such persons place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code The termination of the contract will be communicated to the user via e-mail and the total amount due will be returned to the user.
The user acknowledges and accepts that in the event of multiple delivery attempts, "stock" or request for delivery of the Product on a different day than that originally indicated by the Seller, the perishable Products covered by the purchase order will perish before delivery. In these cases, the user waives any dispute against the Seller and / or I&T.
- Methods of Payment
9.1 Payment for the Products can be made by credit card or through the PayPal payment solution. In the event that one of these payment means / solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 The commercial invoice will be issued by the Seller at the request of the customer. For the issuance of the invoice, the information provided for this purpose by the user will be authentic, which he declares and guarantees to be truthful, undertaking to keep I&T and the Seller harmless and indemnified from any damage, including penalties issued by the competent authorities, may derive itself in the case of non-compliance with the truth of the same.
9.3 Payment by credit card
9.3.1 Payment for the Products can be made by credit card directly through the Site. Credit cards from the American Express, Visa, Mastercard, Postepay circuits are accepted on the Site. They are, in any case, indicated in the footer of each page of the Site. At the time the order is sent, no charge will be made on the credit card used by the user for payment. The user registered on the Site will have the ability to save their credit card details. In this way, the user authorizes the storage of the credit card data entered and their reuse for the payment of subsequent purchases on the Site. The registered user can, at any time, revoke the authorization for the reuse of the credit card data. credit by accessing your personal profile.
The charge will be made only after (i) the data of the credit card used by the user for payment have been verified and (ii) the company issuing the credit card used by the user has issued the authorization to charge.
9.3.2 In order to guarantee the security of payments made on the Site and prevent any fraud, I&T reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of his identity card and, if the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid. The deadline by which the document must reach I&T will be specified in the e-mail request. In any case, this deadline will not exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is obliged to send the requested documents within the specified deadline.
9.3.3 In the event that I&T does not receive these documents within the term specified in the e-mail request or receives expired or invalid documents, the contract with the Seller will be considered terminated by law pursuant to and for the purposes of art. . 1456 of the Italian Civil Code and the order consequently canceled, without prejudice to the Seller's right to compensation for any damage suffered. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by I&T, will result in the cancellation of the order, with consequent refund of the Total Amount Due.
9.3.4 In the event of receipt by I&T of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.
9.3.5 Payments are processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol with 128 bit encryption. The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by I&T. I&T therefore never has access and does not store, even if the user chooses to store such data through the procedure referred to in art. 9.3.1, the data of the credit card used by the user to pay for the Products, except, limited to the data relating to the holder of the card, the case provided for by Articles 9.3.2 and 9.3.3.
9.4 Payment by PayPal payment solution
9.4.1 The payment of the Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with I&T. The latter is therefore unable to know and does not in any way store the credit card data connected to the user's PayPal account or the data of any other payment instrument connected with this account.
9.4.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of reimbursement, for any reason , the refund amount due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, I&T cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.
10 Right of withdrawal
10.1 The user who acts as a consumer has the right to withdraw from the contract concluded with the Seller, without incurring costs other than those provided for in this article and without having to specify the reason, within fourteen (14) calendar days (Period of Withdrawal). The Withdrawal Period expires after 14 days:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece ;
d) in the case of a service contract or digital content not supplied on material support, from the day of the conclusion of the contract.
10.2. To exercise the right of withdrawal, the user must inform the Seller of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To this end, the user can:
(a) use the standard withdrawal form (Standard Withdrawal Form) made available to you on the Site, through a specific link, before the conclusion of the contract, and, in any case, through the "Right of Withdrawal" link, present in the footer of the Site and attached to the shipping confirmation e-mail; ore
(b) submit any other explicit declaration of your decision to withdraw from the contract (Declaration of Withdrawal).
10.4 The user has exercised his right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, he must indicate the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the interest of the user to use a durable medium when communicating his withdrawal.
10.5 In case of withdrawal, for the return of the Product, the user can use a carrier of their choice: in this case, the user, after having exercised the right of withdrawal in the manner indicated in Articles 10.3 and 10.4 above, must return the Product to the Seller using the carrier (at its own expense), without undue delay and in any case within 14 calendar days from the date on which it communicated its decision to I&T. withdraw. The deadline is met if the user returns the Product before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be shipped to the address indicated in the individual Seller's file on the Site. The direct costs of returning the Product to the Seller are borne by the user. The return of the Product to the Seller takes place under the responsibility of the user; the Product is considered returned when it is delivered to the carrier.
10.6 If the user withdraws from the contract with the Seller, the latter will reimburse the Total Amount Due paid by the user for the Product, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the user's decision to withdraw from the contract; the relative return costs are excluded. The refund will be made using the same payment method used by the user for the initial transaction; in any case, the user will not have to incur any costs as a result of this reimbursement.
The refund may be suspended until receipt of the Products or until the user demonstrates that he has returned the Products, whichever is earlier.
In the case of goods which by their nature cannot normally be returned by post, the estimated cost of returning such Products will be indicated in the Model Instructions on Withdrawal. The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the user on the Site, before the conclusion of the contract, through a specific link and through the "Right of Withdrawal" link, present in the footer of the Site as well as attached to the shipment confirmation e-mail.
10.7 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed to the user will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, the user has placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product worth 150.00 Euros, he will be reimbursed an amount equal to 75% of the delivery costs he has incurred. In any case, the amount of delivery costs to be returned will never exceed that actually paid by the user.
10.8 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.
10.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. I&T will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by the Seller, will remain with the Seller at the user's disposal for collection which must take place at the expense and under the responsibility of the same user.
10.10 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. The Seller will notify the user of the circumstance and the consequent reduced refund amount within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due. by the user due to the decrease in value of the Product.
10.11 In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale relates to:
(i) products made to measure or clearly personalized;
(ii) products that are liable to deteriorate or expire rapidly;
(iii) of sealed products that cannot be returned for hygienic reasons or related to health protection, which have been opened after delivery.
- Legal Guarantee of Conformity
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations. The Legal Guarantee is provided by the Seller, and in no case by I&T.
- Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
12.1 The contracts concluded between the users of the Site and the Seller are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by 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, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
12.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
12.3 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), I&T and the Seller inform the user who holds the status of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code) , specifying whether or not it intends to use these bodies to resolve the dispute.
The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
In any case, the consumer's right to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to the procedures of referred to in Part V, Title II-bis of the Consumer Code.
12.4 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
- Customer Service and Complaints
13.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:
- by post, to I&T Vertoiba 2 (20137) Milan;
- by phone, at +39 02 56 56 9990.
13.2 I&T or the Seller (as the case may be) will respond to complaints submitted within five working days of receipt of the same.
Effective from 14/07/2018