General Conditions of Sale
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general sales conditions (hereinafter, "General Conditions") concern the regulation of the purchase of products and services, made at a distance and made available, via the internet, from the site www.shop-e.it (hereinafter, the "Site") in compliance with Italian law pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code" ).
The seller of the products and owner of the Site is: Shop-e soc. coop - P.IVA 06726050823 Contrada Acqualunga, snc 90021 ALIA (PA) Italy email address firstname.lastname@example.org (hereinafter "Shop-e").
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available on the Site and which will be available for consultation at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person who makes purchases on the Site requires the issuance of an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the discipline of withdrawal pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers". Contracts concluded with Shop-e through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order products
The characteristics and the price of the various products for sale on the Site (hereinafter "product" or "products") are shown on the page relating to each product. To purchase products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the product to the "Shopping Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, will have to enter the shipping and billing information, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to fully accept these transcribed General Conditions and payment terms. The contract stipulated between Shop-e and the Customer must be considered concluded with the acceptance of the order by Shop-e. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing information, the list of products ordered with their essential characteristics and the total price, including delivery costs.
The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from the receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the "Assistance" tab. After this deadline the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in article 7 below. Once the Shop-e order is received, it will check the stock availability for the order fulfillment. In the event that one or more products are not available, the Shop Customer Service - and will promptly send an e-mail notification to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any other available products or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available products will be shipped. If only a few products are not in stock, Shop-and will process the order with the available products. In both cases, the amount of the missing products will be reversed immediately depending on the chosen payment method.
3. Product information
The information and characteristics relating to the products are available, with the relative product codes, on the Site. The visual representation of the products on the Site, where available, usually corresponds to the photographic image accompanying the description. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipments
Product prices include all taxes and fees. All prices are in euros.
Shipments in Italy and abroad
All the prices are commrensive of the shipping costs both for Italy and for shipments abroad.
5. Payment and billing methods
5.1 Payment methods
The Customer can pay the price of the products and the relative delivery costs by credit card, PayPal, bank transfer.
The circuits on which it is possible to purchase within the Site are: Visa / Visa Electron Mastercard to guarantee maximum security, the Customer will carry out the payment transaction directly on the bank's secure server. The Site does not memorize the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes - by selecting the appropriate option - can proceed with the purchase without re-entering your data. The bank of reference uses the SSL protocol to encrypt the data transmitted between its server and the client's browser.
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
The Customer must make the transfer within 3 days from the order date for orders relating to products and within 1 day from the order date for orders containing events and / or courses. If this does not occur, the order will be canceled and the goods made available again for purchase by other customers. The customer who has failed to make the transfer can be contacted by the Customer Service in order to clarify if the cause of the failure to credit is due to the will of the customer not to confirm the purchase or other causes. Data for the transfer: c / c: Banca di Credito Cooperativo Valle del Torto IBAN: IT54K0860143030000030174462 - BIC: ICRAITRRGP0 the Customer must indicate the date and the order number in the purpose of the transfer, which can be found in the confirmation email ( eg "Order 01/01/19 n. 2501100").
5.2 Order Billing
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including the tax code and / or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of the invoicing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery
The products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the specific field "Shipment Data". All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. Shop-e is not responsible for unforeseeable delays or not attributable to it. Once the products have been shipped, the Customer will receive a confirmation email containing a code to refer to for tracking the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the ordered products will be delivered within a period of 9 (nine) working days starting from the day following the day on which the Shop-e confirmed the order to the Customer through a special order order confirmation email.
Delivery services active in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A warning will be left after each step. On the second failed delivery attempt, the Courier will contact the recipient by telephone at the indicated telephone number to arrange delivery. If it is not traceable or absent, the goods will return to the warehouse.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty, except in the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send a notice to Shop-e within 14 days from the date of receipt of the products using the form that can be downloaded here or, if he intends to exercise the withdrawal before receiving the products, the withdrawal notice may be sent at any time prior to their receipt.
This notice must be sent by registered letter with return receipt addressed to:
ca Returns and Refunds SHOP-E E-Commerce soc.coop Acqualunga, snc - 90021 Alia (PA)
The Shop-e Customer Service, once received the communication, to open a file for the management of the return and communicate to the Customer the instructions on how to return the products, which will be by courier indicated by Shop-e itself.
The right of withdrawal is governed by the following conditions:
- The right applies to the product purchased in its entirety; therefore, if the product is made up of several components or parts, withdrawal cannot be exercised solely on part of the product purchased.
- In case of exercise of the right of withdrawal Shop-and will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to the right of Shop-e to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
- Also in order to guarantee the free return, according to the following article 8, the products must be returned in the same box in which they were received.
- In addition to the cases indicated in the Introduction (customer not a consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of products made to measure or clearly personalized;
- order products that are likely to deteriorate or expire rapidly;
- order for sealed products that do not they lend themselves to being returned for hygienic reasons or connected to the protection of health or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the products that "risk to deteriorate or expire rapidly" include all food products (wines, spirits and drinks) and cosmetics, as the characteristics and qualities of these types of products are subject to alteration even as a result of conservation not appropriate. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for products purchased on the Site that can be returned to Shop-e and put back on the market without endangering the health of consumers.
In cases of exclusion of the right of withdrawal, Shop-and will return the purchased products to the Customer, debiting the same shipping costs.
8. Free Return in case of exercising the right of withdrawal
As a most favorable condition for the Customer, Shop-e fully bears the shipping costs for returning the products in case of exercise of the right of withdrawal. In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Shop-e to arrange the return of the products to the courier.
9. Warranty and Compliance Defects
In case of lack of conformity of products sold by Shop-e, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the "Customer Assistance" tab. To the sale of the products the legal guarantees foreseen by articles 129, 130 and 132 of the Consumer Code are applied. The Customer has the right, at his choice and on condition that the type of product allows it, to restore, without charge, the conformity of the product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report to Shop-and the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a product that by its nature is perishable or subject to expiry in a shorter deadline, in which case the defect must be reported within that reduced time limit.
10. Errors and limitations of liability
The product information provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, of which Shop-e cannot therefore be held responsible, except in cases of willful misconduct or gross negligence. Shop-e reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer's rights pursuant to these General Conditions and the Consumer Code. Except in the case of fraud or gross negligence, any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance or evasion, even partial, is excluded. , of an order. Shop-e promotes responsible consumption of alcohol and excludes any liability at its own expense, except for fraud or gross negligence, in the case of purchases made by children under 16 years. By purchasing any alcoholic product you declare to be of age as per art. 7 of DL 158/2012. Shop-e assumes no responsibility for purchases made by children under the age of 18 who have declared a different age.
Any complaint must be submitted to Shop-e using the appropriate contact form accessible directly on the Site via the "Customer Assistance" tab, or by calling 3288236254 (from abroad +39 3288236254), active from Monday to Friday , from 9.00 am to 5.00 pm, excluding holidays, or by registered letter to the following address: approx SHOP-E Complaints Office E-COMMERCE soc.coop Cda Acqualunga, snc - 90021 Alia (PA) Shop-and undertakes to respond to all requests received within a maximum of 7 working days.
12. Online consumer dispute resolution (ODR)
If you are a European consumer, you must be aware of the fact that the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. To access the click here .
13. Applicable law and competent court
The sales contract between the Customer and Shop-e is concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Termini Imerese, any other competent court excluded. *** Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (power to correct errors - disclaimers).