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Object of these Terms and Conditions
The present Terms and Conditions of Sale (“General Terms”) define the terms and conditions of sale between VENINI S.p.A., owner of the website www.venini.com (“the Website”) and the subject who registers on the Website acting for personal and non-professional purposes (“Customer”) and who intends to purchase the products offered by VENINI S.p.A. in the restricted area of the Website (“the Products”).
The present General Terms concern the remote internet retail sale to subjects who are consumers of Products, as governed, in particular, by Legislative Decree no. 206/2005 (“Consumer Code”) and by Legislative Decree no. 70/2003.
The Seller is: VENINI S.p.A., Tax Code and VAT Number 00577980279, with registered office in Murano (Venice); The Customer is: any consumer who has reached the age of 18 and resides in one of the countries in which the site is authorized to sell online.
VENINI S.p.A. does not deliver Products in countries other than the ones listed here. Not all Products may be available for purchase in the country from which the user is visiting the Website.
The present General Terms can be changed at any time. The version of the General Terms published at the time of the stipulation of the Contract shall prevail between the Parties. VENINI S.p.A. shall not in any case be bound to conditions sent by the Customer or in any way different from the present Terms and Conditions. The prices and Products on the Website as well as the features of the Products are subject to variation without prior notice.
The Customer’s acceptance of these Terms and Conditions is a necessary requirement to complete the purchasing procedure.
Conclusion and performance of the Contract – lack of Product availability
To make a purchase, the Customer needs to register on the Website, access the dedicated personal area with their Credentials, choose the Product they wish to buy and add it to the dedicated section of the Website, the “Shopping Cart”, where Customers can view the Product features, price, applicable VAT, shipping costs, and estimated delivery times. Registration and access to the Website as well as the use of the e-commerce service are entirely free of charge. The only costs the Customer will have to cover concern the IT equipment and Internet connection needed to use the e-commerce services.
The order can be sent after the Customer has entered the shipping data and the data needed to make the payment requested by the appointed intermediary in the dedicated payment section of the Website. This data may be changed until the “Purchase” button has been clicked on. Payment will be made by means of credit card or PayPal and the amount will usually be charged to the Customer’s account within the time limits established by the chosen payment service. By submitting the order, the Customer expressly gives their consent to let VENINI S.p.A. use their email address, telephone number, and mail address in order to conclude and perform the contract.
VENINI S.p.A. will send the Customer an order confirmation email containing the conditions of sale and the details of the order. The Customer’s order and the order confirmation with the respective applicable General Terms are electronically stored by VENINI S.p.A. and the Customer may request a copy of these documents by sending an email to VENINI S.p.A. at email@example.com.
The sales contract for the Product will be considered as terminated when VENINI S.p.A. receives the payment from the Customer.
The validity of the contract is subordinated to Product availability. In the event that the Product is no longer available, VENINI S.p.A. will notify the Customer within 20 days of receipt of the Order and reserves the right to terminate the sales contract and refund the full price paid by the Customer, without any further charge or expense of any kind to be borne by VENINI S.p.A..
The Order that is displayed for Customer’s consultation and that VENINI S.p.A. sends by email contains all the essential data concerning the Contract, including all the information provided for by law. It is the Customer’s responsibility to check the Order and make sure the information contained in it is correct and complete.
VENINI S.p.A. delivers the Product to the Client at the address provided by the Customer within the deadline indicated on the Website and specified in the order confirmation.
The shipment and delivery of the Product will be performed in the manner and within the time limit indicated in the order confirmation. Should this not be specified in the Contract, the delivery will take place no later than 45 (forty-five) days after the Customer has submitted the order.
The product will be delivered to the place indicated by the Customer for delivery and the Customer must receive the Product and facilitate its delivery, in compliance with what is stated in the order. Should the Customer refuse, without reason, to receive the Product, VENINI S.p.A. shall have the right to terminate the Contract, save for the right to compensation for any damages incurred (including possible shipment or storage expenses).
At the time of delivery, the Customer must check the integrity, the quantity, and the type of Products that have been delivered and make sure they correspond to the Products that had been ordered and that they comply with the provisions of the Contract. The Customer must also check that the packaging is intact and has not been damaged and check the Product as thoroughly as possible according to due diligence, pointing out any defects or discrepancies with regards to the order immediately to the courier by writing an annotation on the dispatch note.
The final Price includes VAT and delivery costs.
The Customer must make the payment due to VENINI S.p.A. by means of the payment methods made available on the Website. The delivery of the Products will take place only after payment has been received.
Other Customer Obligations
The Customer must guarantee the truthfulness of the data provided during the Contract stipulation procedure. The Customer commits to promptly informing VENINI S.p.A. of any variations in the personal data supplied over the duration of the Contract, by sending due notification to VENINI S.p.A..
Warranty and Limitation of Liability of VENINI S.p.A.
For “consumer” Customers, the provisions relating to “consumer goods” set out in the Consumer Code apply (Legislative Decree 206 of September 6, 2005), and, in particular, the legal guarantee of conformity pursuant to art. 129, as well as the applicable provisions currently in force. In the particular case of a lack of Product conformity not deriving from the normal use of the Product, the Customer has the right to restore the Product’s conformity without incurring in any expense, as established in art. 130 of the Consumer Code.
The Customer is required to report the lack of conformity to VENINI S.p.A. by registered mail with acknowledgement of receipt within the peremptory term of two months from the date the defect was discovered. VENINI S.p.A. is liable when the lack of conformity occurs within two years from delivery.
In any case, the action aimed at asserting any defects not fraudulently concealed by VENINI S.p.A. is statute-barred within 26 (twenty-six) months from the delivery of the goods.
The warranty is valid on condition that the Products are used correctly, in compliance with the relevant instructions for use and recommendations, and provided that the Customer presents the delivery documentation and the order number. Without prejudice to the mandatory limitations provided by law, VENINI S.p.A. does not offer any guarantee or declaration of conformity of the Products in addition to what is expressly indicated on the Website, including the Product’s conformity to technical requirements, quality or standards of any nature, for specific or particular purposes.
Customer’s Right of Withdrawal
Pursuant to articles 52 and following of the Consumer Code, the Customer who qualifies as a “consumer” under the Consumer Code has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 (fourteen) days from the day of delivery of the Products.
The consumer Customer may exercise this right through the dedicated procedure explained in the restricted area of the Website by following the relevant instructions, i.e. by using the withdrawal form provided on the Website.
Should the customer decide to exercise his right of withdrawal, the Products must be returned to the registered office of VENINI S.p.A. via Giotto 5, 30121 Mogliano Veneto in their original condition, complete with all their parts, accessories, documentation and packaging, which should, as far as possible, be kept intact.
The costs for returning the Products will be borne exclusively by the Customer and will be communicated to the Customer in advance. The Customer shall also be liable for the Products until they are received by VENINI S.p.A..
Within 14 (fourteen) days following the receipt of the returned Products, VENINI S.p.A. will refund the price to the Customer, net of the return costs indicated above.
Unless otherwise agreed between the parties, the Customer may not exercise the right of withdrawal, inter alia, in the following cases: – the supply of custom made or clearly personalized goods, or goods which, by their nature, cannot be returned or are likely to deteriorate and/or alter rapidly; – in all other cases provided for by law, with particular reference to art. 59 of the Consumer Code. However, the right of withdrawal is excluded if the Product has been manipulated in a manner different from that which is strictly necessary to establish its nature, characteristics and functioning.
For the purposes of the Contract, written form includes any communication by electronic means that enables a durable recording of its content (such as, for example, emails and html pages).
Retention of the Contract
VENINI S.p.A. will save, store and file the Contract and the related order documents at its head office, for all the fulfilments required for the performance of the Contract, as well as for the relevant fulfilments and prescriptions required by law, in compliance with EU Regulation 2016/679 of April 27, 2016.
The Customer may ask to access and view these documents, upon written request to be sent by registered mail with acknowledgement of receipt to VENINI S.p.A. at least 7 working days in advance. The Customer may request VENINI S.p.A. to provide a copy of the Contract in electronic and/or paper format, against payment of the cost of reproduction and support provided by the Company.
In any case, the Customer has the obligation to save, store, and file both an electronic and printed version of the Contract.
Processing of personal data
The processing of the personal data provided by the Customer will be carried out in compliance with the provisions of art. 13 of EU Regulation 2016/679 of April 27, 2016 and its subsequent amendments and additions. For such purpose, VENINI S.p.A. will provide the Customer with a dedicated informative notice which is always available on the Website and included in the order confirmation.
The present General Terms and Conditions and the relevant Sales Contract stipulated between VENINI S.p.A. and the Customer are governed by the Italian Law, and, in particular, by Legislative Decree no. 70/2003 on electronic commerce, and, only with reference to consumer Customers, as defined above in art. 1 of Legislative Decree no. 206/2005 (Consumer Code), are subject to any mandatory provisions of the law which may apply in the Customer’s country of residence.