SELEKTIA ITALIA S.R.L VAT nr: 06066350486
ID nr: 06066350486
Registrition nr REA: FI – 597331
Legal head office: Via V. Niccoli 316/Q – Castelfiorentino 50051 (FI)
Website Responsible SIMONE CALUGI (CEO) – firstname.lastname@example.org
1. Object and contract parties
1.1. These online terms and conditions ("Terms") regulate the contract of products sales offer on the website shop.selektiatartufi.it ("Website"). The parties of this contract are SELEKTIA ITALIA S.R.L located in Via V. Niccoli 316/Q – Castelfiorentino 50051 (FI) - Italia, registered nr REA of FI – 597331 (“Seller"), and the buyer, whose datas are on the order template ("Client"). With this contract, the Seller offers chosen goods and services from the Client in the order template and are to be considered integrated parts of the contract.
1.2. Purchases of the Products, done through the Website, will see as parties the Seller and the subject who proceed with the purchase of one or more Products, as a buyer (final consumer “Client”), not for related to his own business, commercial, artisanal or professional activity purposes.
1.3. The Website is dedicated to the retail sales and so it is considered to be used exclusively for final consumers. Those who are not final consumers are not allowed to make orders. In case, one or more sales are done in behalf of a subject, who is not a final consumer, the following terms and conditions will be applied, exceeding what is provided: a) Return and Refund Policy will not be applied to the buyer as per art. 12; b) the buyer will not benefit of the guarantee on the Products indicated on art. 13; c) any other protections will not be recognized to the buyer, provided here in favor of the Consumer, which reflect or comply with mandatory provisions of the law; d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
2. Validity of the contract
2.1. Terms are available on the Website to be easily read by the Client before making any purchase, accepted with the order forwarding, saved on his own PC and printed on paper.
2.2. The Terms applied on the products sales are those published on the Website on the date of the order. The Client, therefore, must make the operations above mentioned, before proceeding with any purchases.
2.3. The mere tolerance or the missed objection by the Seller of any eventual non-fulfillment of the Client regarding what is on the Terms, cannot be interpreted as tacit acceptance of those non-fulfillments, or as a wish of exceeding what agreed by the parties.
3. Sales Procedure
3.1. The Client who wants to proceed with the purchase of Products, must show this willing through a request made directly on the Website where, following the following procedures, will forward his own purchase order and the payment.
3.2. The Contract is regulated by the purchase order made by the Client, by the order reception made by the Seller, and by these Terms.
3.3. When one decides to make a purchase, it is necessary to click on “Add to the cart”, in order to add the desired product into the “virtual shopping cart” on the Website (the virtual shopping cart is a dedicated space where to save the chosen products with their own features, quantities and prices). Once the “choice of products” is finished, there will be a confirmation of the purchase order. It will be necessary to click to on the “Shopping Cart” (on the right top side on the website or on Check Out from the selection menu). Once clicked on it, a page with the summary of the chosen products will open, where it will be possible to modify quantities or remove products. After this first check, one must click on “Next”, in order to arrive on the address page: here one can confirm the already existing addresses for the delivery and the invoice or add new ones if necessary. Once done, one must click again on “Next” to arrive on the shipping page: here one must chose the delivery ways and the carrier (the shipping costs will be added to the total of the order) and one must accept the Terms, once read. At this point, by clicking again on “Next” one arrives on the payment page: here one can choose his favourite payment conditions. By clicking on description of the chosen payment, one arrives on a new page of summary, where one can confirm its order.
3.4. In case of issues with making the order, please contact the Seller to the email: email@example.com, by giving your name and telephone number. Who is in charge for the Seller will contact you.
3.5. It is necessary to be “login in” in order to enter your personal session, where you can confirm all your data and the necessary modalities to preceed with the fulfillment of the order.
3.6. In case the Client is not registered on the website, it will be necessary to create a private user (account), by using his personal email and password, and his personal data, and shipping data. The Client has to keep his password confidential and not to divulge it, by sharing with a third party. The Seller ensures a safety procedure to get back the password for future purchases, in case one forget it. Once created the “account”, the login will occur through an ID and password chosen during the registration phase.
3.7. Before forwarding the order, it is the user responsibility to check it and to check the delivery address and that for the invoice. As described before, it will be possible to modify/refresh or enlarge your personal data of invoice and delivery.
3.8. After accepting this Terms and the forwarding of the order on the confirmation page, the Client will receive from the Seller, by email to the address indicated during the registration phase, the reception of the purchase order, with a summary of the information related to the sale.
3.9. After sending this first email, the Seller will verify the possibility of fulfilling the order in whole or in part and based on this verification the following situations may occur: a) if the order can be processed by delivering all the goods ordered, the Customer will receive a second email confirming the order and the immediate shipment, with an indication of a delivery date, albeit not mandatory, and which does not constitute a deadline essential for the performance of the service; b) if the order can only be partially processed, the customer will be contacted by phone to make arrangements and subsequently receive the second email containing the summary of the order resulting from what was agreed and the information regarding the shipping and / or delivery date.
3.10. The Seller will proceed with the preparation and fulfillment of the purchase order, respecting the following points 4/5/6/7/8/9.
3.11. The Customer is required to verify the accuracy of the emails and immediately report any errors to the Seller.
3.12. If for any reason it has not been possible to accept an order already paid in full or in part, the customer will quickly receive a full or partial refund. For any further need resulting from the order fulfillment procedure, a person in charge of the Seller will contact the Client.
3.13. By submitting an order, the user makes an offer to purchase the product (s) at the price indicated therein. Prices are checked regularly; however in the event that the Seller detects changes in prices or errors in indicating them, he will contact the user asking for confirmation of his intention to proceed with the purchase at the actual price.
3.14. If the user finds that he has made a mistake in placing the order, the same is requested to immediately contact the Seller at the address firstname.lastname@example.org, indicating your name and telephone number.
4. Payments and shipments
4.1. The Client is committed to make the payment of the total price in the order. The total price has TAX included and is net on any other duty laws. The shipping costs will be automatically counted and will be summarized in the confirmation of order page, can change depending on the terms of payment chosen from the client and to the country destination of the client.
5. Terms of Payment
5.1. for orders you can chose the following terms of payment:
a) Wire transfer: anticipated payment to be made after you received the second email with the final confirmation of order. The shipment will be made only after the Seller had received the credit of the paid sum or after having received a copy of the proof of the payment made;
b) Credit Card: anticipated payment to be done immediately through PayPal service. The order will be shipped by respecting the sale procedure described at point 3;
c) PAYPAL ACCOUNT.
6. Goods Availability
6.1. The Client can exclusively buy the goods in the catalogue on the Website.
6.2. In case the order is higher than the quantity in the warehouse, the purchase will be accepted for the quantity of the available goods, and a person in charge of the Seller will contact the Client by email of by phone.
6.3. Prices, description or the availability of the products shown are subjected to changes without any notice. Pictures are approximate and are not a guarantee of the quality of the product. Pictures are adapted in relation to the visualization tool and, for this reason, are merely approximate in the aspect and on the dimensions of the products, as they can partially differs from the images shown.
7. Delivery of the goods
7.1. The Seller, through his supplier, will deliver the goods by carrier or trusted forwarder, which will deliver the products, within a period of time that goes from 5 to 7 days for the standard delivery, to the address indicated in the order confirmation. The Seller, will give an esteemed date of delivery on the basis of the delivery time indicated by the carries, as above mentioned in paragraph 3.9. letter a).
7.2. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with article 61 of the Consumer Code, the Products will be delivered within a maximum term of 30 (thirty) days from the day following that of the conclusion of the contract in compliance with the above paragraph 3, unless the Seller does not communicate - within the same term or within the deadline agreed for delivery, also by e-mail - the impossibility of delivering the Products ordered as a result of the unavailability, even temporary, of the Products. In case of such communication, the Seller will refund any sums already paid by the Customer for the payment of the supply.
7.3. Upon delivery of the goods by the courier, the Customer is required to check that the number of packages actually delivered corresponds to that indicated in the transport document and that the packaging of the packages is intact in all its parts, not damaged, nor compromised by atmospheric events or otherwise altered. Upon delivery, the Customer is also required to check the packaging by specifying any anomalies in the delivery form. If the Customer finds any obvious damage to the packaging and / or the products contained therein or the mismatch in the number of packages, he must immediately contest them, placing a written reservation of control (specifying the reason for the reservation, e.g. "broken packaging", "Crushed packaging", etc.) on the courier's proof of delivery or promptly inform the Seller.
7.4. Once the delivery note has been signed, the Client will not be able to make any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported using the contact methods provided by the Seller. In case of missed collection within 5 days of the goods in stock in the carrier’s warehouses, due to a repeated impossible deliveries to the address indicated by the Client at the moment of the order, products will be brought back to the Seller who, depending on the Client’s will, will proceed with the refund of the products price (not for those perishable products, such as fresh truffles or frozen products, nor the shipping costs), or will agree upon a new order and its related added shipping costs.
7.5. The Seller cannot be responsible for errors during the delivery due to inaccuracies or incompleteness in filling in the purchase order by the CUSTOMER, for damages that may have occurred to the products after delivery of the carrier or for delays in delivery attributable to it.
8. Rights and obligations of the Client
8.1. The Client, by accepting this contract, declares to having examined and accepted the Terms in all its parts, and it will the Client’s attention to keep it on his own PC and print it.
8.2. The Client is the only responsible of the truthfulness and correctness of the information given to the Seller and asked by the latter though the Website, and tries to communicate in time any eventual changes of the given data.
8.3. The Client delcares not to having put in the order template any false or fantasy data, and therefore declares that the given data correspond to his own personal data. The Seller reserves his right to prosecute to the proper offices any violations or abuses. The obligations taken by the Client in this article, but also le guarantee of the good end of the payment made by the Client with regards to art. 5, are essential features for the Seller, who reserves his right, in case of non-fulfillment of one of these said obligations, to resolve the contract, except the case of eventual damage.
8.4. The Client, after sending the purchase order, declares a) to having read, understood and accepted the Terms; b) to be an adult, di essere una persona maggiorenne, to be in possess the legal capacity to act.
8.5. Once the purchase procedure has been completed on the Website, the Client undertakes to save both an electronic copy and print the Terms and the purchase receipt corresponding to the order for the purpose of their conservation. The purchase receipt will be (as well as sent via email) present in the reserved area of your account on the Website.
8.7. Receipt of the products: upon delivery of the Products to the Client by the carrier in charge of their transport, the Client must check, in the presence of the carrier: a) that the quantity and type of products ordered correspond to what is indicated in the transport document ; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials. Any anomalies must be immediately reported to the carrier upon receipt of the products, by indicating them on the delivery note. If a defect or damage is found, the Client is obliged to inform the Seller within 24 hours. If it is found that a product was damaged before delivery or defective (not due to your use), the Seller will undertake, according to the customer's choice, or to refund the price paid (including any shipping costs and costs for returning the product, provided that the product has not been used and damaged) or replacing the goods. In both cases, the Client is required to contact the Seller who will refund or replace the goods without further costs.
8.8. Customer support: for any need for assistance or complaint relating to the products purchased, the Client must contact the Seller at his or her contact details.
8.9. Cancellation of orders: the anulment and cancellation of orders will be accepted by the Seller only if the points previously described in the Terms are not respected. The sending of the purchase order is developed in several control steps and the user assumes a binding commitment in sending the order. It is not possible for the user to anul or cancel an order unless authorized by the Seller except for the case where the reason for the cancellation is the extension of the initial order or a change in the size of the items of the same. Once the second order has been completed, it will be necessary to specify in the notes "EXPANDING/UPDATING ORDER - this order cancels and replaces the previous one".
9. Rights and obligations of the Seller
9.1. Delivery of products: the Seller undertakes to deliver the products at its headquarters to the carrier in charge of their transport to the address indicated by the Client in the purchase order. The Seller will not be responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase order by the Client, as well as for the damage suffered by the products after delivery to the carrier in charge of transporting the same and for delays in delivery to the latter attributable to logistic problems of the Seller. Delivery is made by express courier, therefore PO boxes cannot be accepted.
9.2. Promotions: the Seller develops promotional campaigns during defined time intervals in order to promote the registration of new members in his service. The Seller reserves the right to interpret the conditions of application of the promotions, extend them by communicating them in the manner and due times, or proceed to the exclusion of any participant in the promotions if anomalies, abuses or unethical behaviors are identified in the participation of the same.
10.1. All prices of both the products and the ancillary costs (transport and delivery) shown on the website (unless explicit and clear indication) are VAT included.
11. Tax documentation
11.1. The Client with the goods will receive the invoice, in order to do this, during the registration phase, it will be necessary to enter the tax data including Name / Surname, address and ID Tax Code. If the buyer is a company, the company name, VAT number and recipient code must also be entered. In the event that there are discrepancies in the document (incorrect personal data) or there is a need for new mailings, please contact us at email@example.com
12. Right of withdrawal and exclusions – Information
12.1. According to art. 59 Legislative Decree no. 206/2005, as amended by Legislative Decree n. 21/2014, the right of withdrawal is excluded in the following cases:
- order of Products custom-made or clearly personalized;
- order of Products that are likely to deteriorate or expire rapidly;
- order of sealed Products which are not suitable for return for hygienic reasons or connected to the protection of health or which have been opened after delivery;
- damaged or used products are not replaced or refunded, even if only in part.
12.2 With reference to the cases of exclusion of the withdrawal listed above, the Client, in particular, is informed and accepts that among the Products, which "risk to deteriorate or expire rapidly", are include those Products of a food nature whose characteristics and quality are subject to alteration, also as a consequence of inappropriate storage by the Client.
12.3. Except for the cases indicated in the previous Articles 12.1 and 12.2., the Client has a period of fourteen days to withdraw from the purchase contract of the Product without having to provide any reason and without incurring costs other than those provided for in the following paragraphs 12.6, 12.7 and 12.8.
12.4. The aforementioned fourteen-day withdrawal period starts:
a) in the case of an order relating to a single Product, from the day on which the Client or a third party, other than the carrier and designated by the Client, acquires physical possession of the Product; or
b) in the case of purchase of more Products ordered by the Client through a single order and delivered separately, from the day on which the Client or a third party, other than the carrier and designated by the Client, 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 Client or a third party, other than the carrier and designated by the Client, acquires physical possession of the last lot or piece.
12.5. To exercise the right of withdrawal, the Client must inform the Seller, before the expiry of the term referred to in the previous par. 12.3., of its decision, through any explicit declaration. In order to facilitate the prompt management of the Client's request, the Client is invited to report his decision to the Seller by sending the Seller an explicit declaration of withdrawal from the sales contract, containing the following information: a) name and surname of the Client; b) address; c) reference to the purchase order number; d) the will to withdraw from the purchase; e) description of the returned goods and relative amount paid, by registered letter with return receipt. This communication can also be sent, within the same deadline, to the email address (firstname.lastname@example.org), provided that it is confirmed by registered letter with return receipt within the following 48 hours.
12.6. The CUSTOMER who has exercised the right of withdrawal according to this Article 12, must return the purchased Product (s) to the Seller, using a carrier of his choice and at his own exclusive expense, without undue delay and in any case by deadline of 14 calendar days from the date on which it communicated its decision to withdraw to the Seller. The Product subject to withdrawal, properly protected and packed, must be sent to the following address: Selektia Italia Srl, Via V. Niccoli, n.316 Q, 50051, Castelfiorentino (FI). The direct costs of returning the Products subject to withdrawal to the Seller, are the sole responsibility of the Client.
12.7. In case of exercise of the right of withdrawal, the Seller reimburses all payments received from the Client, including the delivery costs of the Products, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. The Seller, as required by art. 56, paragraph 2, of the Consumer Code, is not required to reimburse additional costs, if the Client has expressly chosen a type of delivery other than the less expensive type of delivery offered by the Seller. These refunds will be made using the same payment method used by the Client for the initial transaction, unless the Client requests a refund on a different payment method, in which case the Client will be responsible for any additional costs deriving from the different payment method. the Seller is entitled to suspend the reimbursement of the aforementioned amounts until receipt of the Products subject to withdrawal or until the Client demonstrates that he has sent the Products back, if previous.
12.8. The Seller specifies that the right of withdrawal cannot be exercised for Products that present damages, scratches, scratches, abrasions, both of the container and of the labels. In particular, if damage is found that does not allow the product to be put back on sale, the latter will not be refunded.
13. Seller's legal guarantee of conformity, reporting of conformity defects and warranty interventions
13.1. The sale of the Products is subject to the legal guarantees of conformity provided for in Articles 128, 129 and 130 of the Consumer Code. The Client has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or termination of the contract.
13.2. In the event of conformity defects of the Products sold, under penalty of forfeiture of this guarantee, the Client has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from the discovery - provided that it is not Products which by their nature are perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced period - by sending an e-mail to the address (email@example.com), not conformity and / or defect, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the confirmation of the order sent by the Seller and / or the receipt).
13.3. Following the receipt of the complaint and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Client and decide whether to authorize the return of the Products by providing the Client with a response, containing the "Return Code", by e-mail to the address provided by the latter during the registration process to the Website, or during the transmission of the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products of which the Seller has authorized the return must be returned by the Client, together with a copy of the return authorization communication containing the "Return code", within 14 (fourteen) days from the notification of the defect or non-compliance, to the following address: Selektia Italia Srl, Via V. Niccoli, n.316 Q, 50051, Castelfiorentino (FI).
13.4. If the Seller is required to reimburse the Client for the price paid and the related shipping costs, the reimbursement will be made, where possible, by the same means of payment used by the Client when purchasing the Product.
14. Website usage
14.1. Description and display of products: products descriptions and images on the Website correspond to what is made available by the Seller’s suppliers. The photographs and video presentation of the products, together with the descriptive information, are displayed on the Website for guidance only, also in consideration of the fact that the quality of the images (e.g. in terms of exact display of colors) may depend on the programs and IT tools used by the Client when connecting to the Website.
14.2. Malfunctions: the Seller assumes no responsibility for the problems caused to the Client by the use of the Website and the technologies used as they are not dependent on their own will, such as, for example: a) errors, delays or impossibility in accessing the Website by the Client on the occasion of the execution of the sales procedure; b) errors, delays or impossibility in the receipt by the Client of the communications made by the Seller in relation to the sale of the products. In any case, the Seller undertakes, as far as possible, to solve the problems that may occur and offer the necessary assistance to the Client to obtain a quick and satisfactory solution to the aforementioned problems.
14.3. The Seller, with regard to data relating to credit card payments, makes use of the services of the company __________________ which adopts technological systems capable of guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
15 Major Force
15.1. The SELLER will not be liable in the event of total or partial non-fulfillment of its obligations under this contract if this non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, but not limited to catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, pandemics, general strike by public and / or private workers, strike and / or restrictions on the viability of couriers and air links.
16. Express termination clause
16.1 The contract will be automatically terminated according to and for the purposes of art. 1456 of the Civil Code in the event of non-compliance, by the Client, even with only one of the obligations assumed by the latter pursuant to the previous point 8 "Rights and obligations of the customer". The termination of the contract will occur automatically when the Seller declares that he intends to make use of this express termination clause.
17. Intellectual and industrial property rights
17.1. The Seller informs that the Website, as well as all the brands and distinctive signs used by Seller in relation to the sale of the products, is protected by the applicable intellectual and industrial property rights and that it is prohibited any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur, of the contents of the Website, of the brands and distinctive signs used by the Seller (such as, for example, the works, images, photographs, drawings, dialogues, the presentations, the music, the sounds, the videos, the graphics, the colors, the functionality and the design of the Website).
17.2. The Seller assumes no responsibility for the brands and other distinctive signs that appear on the Products marketed by it on the Website, with respect to which the Client does not acquire any rights following the conclusion of the contract.
18. Consumer data and privacy protection
18.2. The Client declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
18.3. The Client may at any time check, update, modify, delete his personal data provided to the Seller through the appropriate section of the website "My account" accessible after authentication, and may at any time exercise his rights according to the Privacy Code by following the indications provided in the privacy documentation on the Website.
Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Client on the Website, even after the Client has provided an authentication (login), is not accessible or viewable by unauthorized third parties.
Any communications and notifications to the SELLER must be sent by email to firstname.lastname@example.org or by mail to SELEKTIA ITALIA srl Via V. Niccoli 316 / Q - Castelfiorentino 50051 (FI) Italy. The SELLER may contact the CUSTOMER by email or telephone.
The philosophy of our company places the customer first, to meet everyone's needs we provide:
• customer support email: email@example.com
• by writing a letter to: Selektia Italia Srl, Via V. Niccoli, n.316 Q, 50051, Castelfiorentino (FI), Italy
20. Applicable law and jurisdiction
20.1. The contract of sale of the Products through the Website will be governed and interpreted in compliance with Italian laws.
20.2. The possible invalidity of individual clauses of the Terms will not imply the invalidity of the entire Contract or of the Terms.
20.3. If it is not possible to settle a matter in a friendly manner, it is expressly provided that for any dispute arising from this contract or related to it, it will be competent: a) the Court of the place of residence or domicile of the Client, if "client" in accordance with the current legislation; b) exclusively the Court of Florence, Italy, in any other case.
20.4. For all matters not expressly provided herein, the provisions of the law in force in the Italian legal system will be applied and in particular, for consumers, the provisions of Section II, Chapter I, Title III of the Italian Legislative Decree no. 206/2005 and subsequent amendments
Information on the management of personal data processing The processing of personal data is carried out in accordance with Legislative Decree 196/03. Any personal data spontaneously communicated by visitors may be used by our company on the basis of their consent. For the use of specific services by visitors, specific information will be provided and, where necessary, consent will be required for the processing of their data.
Information and consent to the processing of personal data in accordance to article 13 of Legislative Decree 30 June 2003 n. 196, (bearing the "Code regarding the processing of personal data"), we inform you that the processing of personal data is carried out for the purpose of sending information material concerning our services, including accounting and tax obligations, as well as for the purpose of inform, promote and advertise, also by e-mail, our services. The treatment will take place at: SELEKTIA ITALIA srl Via V. Niccoli 316 / Q - Castelfiorentino 50051 (FI) - Italy with the use of even computerized procedures, in the ways and within the limits necessary for the pursuit of the aforementioned purposes.
Personal data may be known by the employees and collaborators of the data controller in their capacity as data processors or processors. The provision of such data is optional, but their absence will not allow us to update the interested parties on the initiatives of the data controller.
The interested parties are recognized the rights referred to in article 7 of the aforementioned Privacy Code, and in particular the right to access their personal data, to request their correction, updating and cancellation, if incomplete, erroneous or collected in violation of the law, as well as to oppose their treatment for legitimate reasons, by sending requests to the data controller: SELEKTIA ITALIA srl Via V. Niccoli 316 / Q Castelfiorentino 50051 (FI) Italy |firstname.lastname@example.org.
Consent on the website Informed of the purposes and methods of the treatment and found that the same is respectful of the Privacy Code and the purposes pursued, consent is given to the processing of personal data by entering their data on the website www.shop.selektiatartufi.it.