These General Conditions of Online Sale are provided for the site www.dolcevivo.it (Site) owned by La Dolce Vita S.n.c. by Graziani Cinzia & c. (Seller), based in Orvieto (TR) 05018, in Via Monte Nibbio 25 / A, VAT no. 01276800552, as Data Controller pursuant to the GDPR.
Art. 1. Scope of application
1.1 Any sale on the Site 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 The General Conditions of Sale apply to all sales made by the Seller on the Site www.dolcevivo.it, they can be modified at any time by the Seller. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.3 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 services by parties other than the Seller who may be 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. The Seller is not responsible for the provision of services and / or for the sale of products by such parties. On the websites accessible through these links, the Seller does not carry out any checks and / or monitoring. The Seller 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.
1.5 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.6 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchase on the Site
- it is allowed both to users who play the role of consumers and to users who play the role of professionals. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person acting in the exercise of his / her business, commercial, craft or professional activity, or an intermediary, holds the quality of professional.
2.2 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.
2.3 The Seller reserves the right to refuse or cancel orders that come from:
- by a user with whom the Seller has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- by a user who has released false, incomplete or otherwise inaccurate identification data or who has not promptly sent the documents requested by the Seller to the Seller or who has sent invalid documents.
2.4 Before purchasing any Food Product offered for sale on the Site, you are requested to notify the Seller if you are suffering from any type of food allergy, intolerance or intolerance. If you do not make this communication, the Seller is in no way responsible for any type of damage that you may have suffered from the purchase of food products on the Site.
Art. 3 Conclusion of the contract
3.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear on the Site from time to time
- the contract is concluded when the order is received by the Seller, after receiving the order form, the Seller will send you the confirmation of the transaction and the order shipment notification to the e-mail address indicated.
Art. 4. Availability of Products
4.1 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.
4.2 The Site contains information relating to the availability of each Product.
4.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
4.4 Alternatively, you can accept:
- if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline
- if restocking is not possible, the Seller will provide a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
4.5 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period of 15 days.
4.6 In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article "Methods of payment" below.
Art. 5. Information Sheet
5.1 Each product is accompanied by an information page that illustrates its main characteristics (Information 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 or computers used by you for their display. Furthermore, the images of the Product in the Information 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.
Art. 6. Prices
6.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
6.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes will not be taken into account. (increasing or decreasing) subsequent to the transmission of the same.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to the conclusion of the order and payment.
Art. 7. Purchase orders
7.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
The Service you have chosen will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.
7.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
7.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 8. Methods of payment
8.1 The following payment methods are allowed on the Site:
- Payment card
8.2 The Seller accepts the credit cards of the circuits:
- American Express
They are, in any case, indicated in the footer of each page of the Site and in the order Checkout flow.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
The charge will be made at the time of order transmission.
Art. 9. Delivery of the Products
9.1 The deliveries of the purchased Products are made in specific countries:
The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.
9.2 Shipping costs are indicated on the Site from time to time.
9.3 From the date the order is sent, the Products will be delivered within a maximum of 30 days and, in any case, within a maximum of thirty days from the date of conclusion of the contract.
9.4 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller also recommends that you verify the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.
Art. 10. Right of withdrawal
10.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site they are: sold goods that risk deteriorating or expire rapidly, sold sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection.
Art. 11. Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 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.
The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this proof, the consumer should keep the purchase invoice or any other document that can certify the date of the purchase (for example the bank statement of the payment card) and the date of delivery.
In case of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
If you made the purchase as a "professional" pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code
Art. 14. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
- By writing to the following address: firstname.lastname@example.org
- By calling the following number: 0763300765, Specified in "Contacts".
The Seller will undertake to respond to complaints submitted within five working days, from receipt of the same.
Art. 15. Miscellaneous
- 1 Delivery costs are free for orders equal to or greater than € 60.00 and with delivery in Italy (Vatican City and Republic of San Marino excluded).
- 2 The delivery date of the Product is estimated during the purchase process, the Seller will do everything possible to respect the date estimated by the Site, which in any case remains indicative.
- 3 For orders of a business nature (B2B) greater than 10 units, it is suggested to contact the Seller directly at the e-mail address email@example.com or at the telephone number 0763300765. In this case, the Seller reserves the right to accept the purchase order and to agree with the customer the methods of delivery of the Product.