INTRODUCTION
The offer and sale of products on the adiapicoltura.it website are governed by the following general terms and conditions of sale . The products purchased on the site are sold by ADI Distribuzione SRL – Via De Gasperi Alcide 72 – 66046 Tornareccio (CH) VAT No.: 02602960698.
DEFINITIONS
The following definitions are used in this contract: Customer: indicates a natural person who purchases the products for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity conducted; ADI Distribuzione indicates the company ADI Distribuzione Srl Via De Gasperi Alcide 72 – 66046 Tornareccio (CH) VAT No.: 02602960698; Products: indicates the products marketed by ADI Distribuzione; Party: indicates the Customer or ADI Distribuzione separately; Parties: indicates the Customer and ADI Distribuzione jointly.
KNOWLEDGE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The terms and conditions of sale are deemed to be known to the Customer at the time of purchase. Therefore, any order implies their implicit acceptance. These general terms and conditions may be updated or modified at any time by Adi Distribuzione, which will notify customers through the appropriate communication channels.
SUBJECT OF THE CONTRACT
The offer and sale of products on the adiapicoltura.it website involve the establishment of a distance contract governed by Articles 50 and following of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), and by Legislative Decree no. 70 of 9 April 2003 (so-called Electronic Commerce Act). The purchase of the products is intended only for private consumers.
ACCEPTANCE OF THE ORDER AND CONCLUSION OF THE SALES CONTRACT
By sending a purchase order, the Customer declares to know and accept these terms and conditions of sale and the additional information contained on the website. The contract will be considered concluded, and will be binding on both parties, only when the notice of shipment is sent to the Customer by e-mail to the address indicated at the time of purchase.
PRODUCTS AND SALES PRICES
All sales prices of the products on the adiapicoltura.it website are inclusive of VAT and any other tax, but not shipping costs, which are indicated separately. They constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. It is understood that the image provided in the product presentation may not perfectly represent its characteristics but may differ with regard to colour, size or the product accessories shown in the figure.
PAYMENT METHOD
At the time of purchase, you can choose whether to pay by credit card, PayPal account, bank transfer or cash on delivery. For payment by credit card or PayPal account, the Customer will be redirected to the PayPal payment platform, where they can make the payment in secure mode. The PayPal platform directly manages the data entered on its website to make the payment. ADI Distribuzione does not collect any data regarding the credit card used, or the PayPal access codes. This information is collected directly by the PayPal payment system. In the case of payment by bank transfer, the customer must make the payment within 3 working days of placing the order, following the instructions given them on the website and in the automatic e-mail with which the receipt of the order is communicated. The purchased goods will be shipped to the customer only after receipt of the bank transfer in the ADI Distribuzione current account. The IBAN code for the transfer can be the BPER Banca branch code IT15P0538777570000002903270, made out to ADI Distribuzione. The transfer details must include the order number given in the order confirmation email. In the case of payment by cash on delivery, the customer must pay a surcharge of 3.00 euros (VAT included) for the handling of the cash on delivery by the express courier. Payment must be made upon delivery, in cash, directly to the courier. The courier will not accept checks of any kind.
TAX CERTIFICATION AND INVOICE
The invoice for products purchased by private individuals is not issued as these sales transactions are not subject to mandatory tax certification pursuant to Article 22 paragraph 1 no. 1 of Presidential Decree 633 of 1972 and Article 2 of Presidential Decree 696 of 1996. All customers are sent an order summary that has the same fiscal and legal value as a traditional receipt.
DELIVERY METHODS AND TIMES
The products are shipped by express courier, and the delivery times vary depending on the destination, the time the order is accepted and the availability of the product. In any case, however, the delivery times will never exceed those specified in Article 6 of Legislative Decree 185/99. For available goods, delivery to the courier takes place within 2 working days from the time the order confirmation is sent to the customer. Barring unforeseen circumstances, the times of delivery within Italy will be 1 working day from delivery to the Courier. For Puglia, Basilicata, Calabria, Sicily and Sardinia, delivery times will generally be 2 working days. For remote locations such as mountain resorts, smaller islands or distant outskirts, delivery times will be 3-4 working days. Upon receipt of the goods, the Customer must check that the package is perfectly sealed, intact and undamaged. An adhesive warranty seal is affixed on each package to prevent it being opened and to indicate any attempts at tampering if the tape is damaged. In the event that the warranty seal is damaged, the Customer must immediately report the fact to the courier, accepting the package with a specific reservation, indicating where and how the package was damaged. Otherwise, the package will be considered regularly delivered. If the customer is not at home when the order is delivered, the courier will leave a notice. A second attempt will be made the following day. If delivery of the order is still unsuccessful, the Customer must contact the courier as soon as possible to arrange delivery of the order, within a maximum of 2 working days. For problem-free delivery, the Customer should include a mobile phone number in the delivery details.
SHIPPING COSTS
For shipment and packaging of the order, there is a charge of €5.90 (including VAT) for orders up to €45, which is cancelled for orders greater than €45
(including VAT). In certain cases and for some products, you may also be offered the possibility of not incurring any shipping costs on orders of less than €45. In these cases, notification of this possibility will be given directly on the website and in the order summary, before the purchase. For the smaller islands (e.g., Isola d’Elba, Capri, Ischia, Pantelleria, Lampedusa, Ponza, etc…) there is an additional shipping charge of 8 euros. Customers requesting delivery to these locations must select the “shipment to minor islands” option on the site, before concluding the purchase.
RIGHT OF WITHDRAWAL
Pursuant to and for the purposes of the Italian Consumer Code, as amended by Legislative Decree no. 21/2014, the Customer is given the right to exercise the right of withdrawal, without any penalty and without specifying the reason, within 14 calendar days from the date of delivery of the purchased item. To avail of this right, the Customer must send a simple email to [email protected], within the given time period, indicating their data, i.e., Name, Surname, Address, original Order number, phone number, product description, and IBAN code and name of the current account to which the refund is to be paid (see email template below). As soon as this communication is sent by ADI Distribuzione, the Customer must send the product they wish to return, at their own expense and via a courier of their own choice, including in the shipment a letter with their data communicated by email (see form below). The returned product must reach ADI Distribuzione within a maximum of 14 calendar days from the date on which notification of the withdrawal was given. Once the returned product is received by ADI Distribuzione, it will refund the price paid for the product/products for which the right of withdrawal was exercised, via bank transfer, within 14 calendar days from the day on which notification was given of the decision to withdraw, provided that the product has been received by the company, or unequivocal proof of shipment by courier has been provided. The customer will be held liable, and therefore not eligible for compensation, for any decrease in value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of the item. With regard to products for personal use and food items, the return of products already used is not permitted, for health and hygiene reasons. All risks concerning the transport of the returned product are borne by the Customer. To facilitate the Customer in exercising the right of withdrawal, here is an e-mail notification form, to be included also in the parcel in which the returned product is shipped: Subject: notification of return of Order number: (indicate the original order number with which the item was purchased) Purchaser data: (give name, surname, address, phone number and e-mail) Product for which the right of withdrawal is exercised: (indicate brand, name and size of the product and the product code given on the order summary sent with the original shipment) IBAN code: (indicate the IBAN number of the current account to which the refund is to be paid) Current Account Holder: (Indicate the holder of the current account to which the refund is to be credited).
PROVISION AND PROCESSING OF PERSONAL DATA
The Customer’s personal data is collected in order to complete the purchase contract and ship the orders received. These data are processed electronically in compliance with current laws and may only be exhibited at the request of the judicial authority or other legally authorised authorities. Personal data will only be communicated to persons appointed to carry out the activities necessary for the execution of the contract and shall be used exclusively for this purpose. The Customer expressly agrees to provide ADI Distribuzione with a copy of any identity documents deemed necessary for verification purposes. Failure to comply with the aforementioned request authorises ADI Distribuzione to immediately terminate the contract due to non-fulfilment. The processing is carried out with the aid of electronic means, in compliance with art. 11 of Legislative Decree 196 of June 30, 2003, which guarantees the user’s rights, fundamental freedoms and dignity, with particular reference to privacy and personal identity. The processing will take place for a period of time not exceeding that strictly necessary for the fulfilment of the purposes described above. Obtaining the deletion of your personal data is subject to the sending of a written communication to ADI Distribuzione. The controller and processor of the personal data is ADI Distribuzione SRL – Via De Gasperi Alcide 72 – 66046 Tornareccio (CH) VAT number: 02602960698.
APPLICABLE LAW AND JURISDICTION
The contract between ADI Distribuzione and the customer is governed by Italian law. Any dispute between the parties relating to this contract shall be subject to the jurisdiction of the Court of Milan.