The site www.siendas.it (hereinafter referred to as "Site") hosts an online technological platform of commercial intermediation, that is an original and unique meeting point that favors online commercial transactions, between food and wine producers who carry out their business in Sardinia (hereinafter referred to as "Producers") and buyers with a VAT number (hereinafter referred to as "Buyers") in Europe and worldwide.
The sale takes place online, directly on the ("Platform"), conceived and managed and exclusively owned by Siendas Wine & food Passion Srl (hereinafter referred to as "Supplier"), with registered office in via Angioj 10, 08017, Silanus, registered in the Register Imprese di Nuoro tax code and VAT number 01553850916, fully paid-up share capital of Euro 2000, ("Supplier") and may relate to goods and / or services.
In the virtual market ("MarketPlace"), Manufacturers can offer and sell their products and conclude related purchase contracts with business buyers from all over the world. Each manufacturer has their own custom profile.
On the www.siendas.it website, Buyers can, through the Marketplace, purchase products and / or services sold by the Manufacturers.
It is specified that Siendas Wine & Food Passion Srl, as a mere Supplier and technical manager of the Platform, is not part of the sales contract concluded between the Purchaser and the Producer.
Conditions of Sale of Siendas Wine & food Passion Srl - Marketplace
(effective from 01 February 2019)
1. GENERAL PROVISIONS
Users (Buyers and Manufacturers) are invited to carefully read these General Conditions of Sale ("General Conditions of Sale" or "GCS"), which the "Supplier" makes available on the Site in the "Conditions of sale" section. that during the purchase process.
2. SUBJECT and APPLICABLE LEGISLATION
The sale and purchase of the "Products" through the Site constitutes a telematic contract of the type B2B (ie Business to Business) concerning commercial transactions between Companies and / or Professionals.
The law applicable to contracts concluded between Italian companies is that contained in the Italian Civil Code (specifically Book IV, Title I of the Bonds in General, Title II on contracts in General, Title III on individual contracts), in addition to that referred to the Electronic Commerce (Legislative Decree No. 70 of the 2003 which incorporated the 2000 / 21 / CE-D.Lgs. 21 Directive of 2014 which incorporated the 2011 / 83 / CE Directive), Code of the Digital Administration (Legislative Decree no. 82 of 2005 and D. Lgs. 196 / 2006), Privacy Code (Legislative Decree 196 of 2003 coordinated with Legislative Decree 101 / 2018).
Instead, it is specified that in European commercial transactions concluded with European companies, for the contractual obligations apply, if more favorable for the Buyer, the rules of the EC 593 / 2008 Regulation (Rome I), while for non-contractual obligations the rules of the EC 864 / 2007 Regulation (Rome II).
In international commercial transactions concluded with non-European companies, instead, if more favorable for the Purchaser, reference is made to the Vienna Convention of 1980 (ratified with L. 765 / 1985).
Specifically, moreover, reference should be made to the Italian, Community and international regulations governing the sale of food products.
The GCS apply to all sales made through the Site, in force on the date of transmission of the purchase order for a Product and as they may be subject to changes.
Users are invited to regularly access the Platform before making any purchase, in order to check and consult the most updated version. Any changes to the GCS will come into force from the moment of their publication on the Site in the "Conditions of sale" section.
These Terms of Sale do not regulate the sale of Products, not included in the Marketplace, for example goods / services sponsored by persons who are present on the Site through links, banners or other hypertext links ("Third Parties").
Therefore, Users are invited to make commercial transactions with "Third Parties" to verify their sales conditions established by them.
The Supplier, in fact, is not responsible for the provision of services and / or for the sale of products by such subjects. On websites that can be consulted via these links, the Supplier does not carry out any checks and / or monitoring.
Although the Supplier's Site is not a vehicle of viruses, worms, trojans or other harmful elements, it is not possible to exclude that these may be conveyed, by browsing this Site or linked Sites, on Users' computers. It is therefore the sole responsibility of the Users to obtain the appropriate tools to ensure a safe navigation, such as an updated antivirus.
The Supplier is not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same and / or for any damages, deriving from attacks by computer viruses or other similar threats.
3. PRE-CONTRACT INFORMATION
Before making commercial transactions on the Marketplace, each Purchaser is obliged to check the present conditions of sale and the card of the Manufacturer which can be accessed in the Product Page and at each stage of the purchase process. The Supplier, as a mere technical manager of the Platform and logistic facilitator, is not part of the sales contract between the Purchaser and the Manufacturer.
The Supplier is therefore not responsible for the supply of services and / or for the sale of products by the Producers.
4. REGISTRATION TO THE SITE
4.1. The purchase of "Products" through the "Platform" can only take place after registering on the Site in the manner indicated below in art. 4.2 and is allowed only to business users (companies and / or professionals), owners of companies duly registered and registered in Europe and outside Europe.
4.2. Registration on the Site is free. To register on the Site, the Purchaser, through a natural person authorized by the same, can authenticate himself with the so-called "register as buyer", if available, or must fill in the appropriate form, inserting name, surname, registered office, e-mail address, company name, a password and whatever else will be requested by the "Supplier", then click on the "register" button.
Even the companies of the "Producers" can register on the site, always through a natural person authorized by them, by filling in the appropriate form, entering name, surname, registered office, e-mail address, company name, a password and whatever else will come requested by the "Supplier", then click on the "register" button.
The definitive registration to the Producers website is subject to verification of the requirements and to a visit to the Company by the Supplier and / or its collaborators and stipulation of the "producer contract".
Verification is necessary because the "Manufacturer" company must, in fact, be compatible with the standards required by the Supplier.
Under no circumstances will it be possible to access the prices and profile of "Producers" without registration and subsequent verification by the Purchaser.
4.3. Registration with the Site allows the Purchaser to carry out the following activities through a reserved and personal area, among others:
- a) Check the status of orders;
- b) consult your order history;
- c) access after-sales assistance services;
- d) access prices and products and producers on the Marketplace;
- e) take advantage of the dedicated services that may be activated from time to time by the Supplier;
4.4. The registration to the Site also allows the Purchaser to make Combined Purchases, that is, in particular, to purchase, simultaneously and through a single shopping cart and a single purchase procedure and, therefore, by sending a single order, products offered for sale by different manufacturers in order to save on shipping costs and receive the products in a single shipment.
The registration to the Site allows, instead, the Producer to sell its products under the conditions established with the Supplier as "manufacturer contract".
4.5. The registration credentials (e-mail address and password) must be used exclusively by Users and can not be transferred to third parties.
Users are solely responsible for all activities performed with passwords and accounts, they undertake to maintain the confidentiality of the password and account, to ensure that no third party has access to it and to immediately inform the Supplier, in the manner art. 15 COMMUNICATIONS that follows, in the case: i) in which you suspect or becomes aware of an improper use and / or of an improper disclosure of the same; ii) of any unauthorized use of your password and / or account; iii) security breaches.
The Purchaser and the Manufacturer also undertake, for security reasons, to disconnect from their account at the end of each session.
Each Purchaser and Manufacturer is allowed to register on the Site for one time only and it is forbidden to register multiple registrations by the same company name. In the event that the Supplier should note that the same Purchaser / Producer has made several registrations on the Site, reserves the right to proceed, immediately and without prior notice, to block the related account.
4.6. The Buyer and the Manufacturer guarantee that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold the Supplier harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any a way connected to the violation by the Buyer or the Manufacturer of the rules on registration on the Site or on the conservation of registration credentials.
The registration requests are in any case subject to discretionary approval by the "Supplier".
5. METHODS OF PURCHASE, ORDERS and CONCLUSION OF THE CONTRACT
5.1. In accordance with the Legislative Decree of 9 April 2003, n. 70 laying down provisions on electronic commerce:
- to conclude the purchase contract for one or more Products on the Site, the Purchaser must express this will, by filling out an order form in electronic format and transmitting it to the Supplier, electronically, following the instructions that will appear from time to time on the Site and make the payment;
- the contract is concluded when the order form reaches the Supplier's server and the Buyer receives the order confirmation from Siendas Wine & food Passion Srl;
- before proceeding with the transmission of the order form, the Buyer will be able to identify and correct any errors in entering data by following the instructions on the Site at the various stages of the purchase;
- the order form will be stored in the Supplier's database, in digital / paper form, according to the criteria of confidentiality and security, for the time necessary to execute the same and, in any case, according to the law. The Purchaser will be able to access the order form and / or related data through his personal account.
For each Product, the minimum quantity required to follow the individual order is indicated in the Product Sheet.
- The language available to users for the conclusion of the contract is Italian and / or English. Customer Service is able to communicate with users in the same languages.
5.2. In the case of anomalous orders for quantity of products purchased or in consideration of the frequency of purchases made, the Supplier reserves the right to take all necessary actions to stop the irregularities, including suspension of access to the Site, cancellation of registration on the Site , that is, the non-acceptance or cancellation of irregular orders.
5.3. Finally, the Supplier reserves the right to refuse or cancel orders that come from:
- by a Purchaser with whom it has a legal dispute in progress;
- by a Purchaser who has previously infringed these GCS and / or the terms and / or terms of the purchase contract with Supplier;
- by a Buyer who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments;
- by Buyers who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent the documents requested by the Supplier in the context of the procedure referred to in art. 9.3 that follows or that they have sent him invalid documents.
5.4. The Supplier is the only party authorized to handle large-scale commercial negotiations and / or agreements related to supply contracts not directly managed through the Marketplace.
6.1. The Products that can be purchased from the Marketplace through the Siendas Wine & Food Passion website are the articles in the electronic catalog published on the Website and displayed by the Purchaser at the time the order is placed.
6.2. Each Product is accompanied by an information page which illustrates its main characteristics ('' Product Page ''). Inside the Product Page there will be a special space regarding information about the availability of the Product in stock.
In the event that a Product, or the desired quantity, is not available, the Purchaser may contact the Manufacturer directly for further information.
6.3. In the case of transactions involving prices and annual supply contracts, the Service Provider will act as an intermediary in order to bring the parties to reach an agreement.
6.4. The availability of the Products is monitored and updated. However, since the Website can be visited by several Users at the same time, it could happen that several users purchase, at the same time, the same Product. In such cases, therefore, the Product could result, for a short period of time, available, being instead exhausted or not immediately available, since it is necessary to obtain the reassortment.
6.5. If the Product proves to be no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the Purchaser by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code , the Manufacturer will immediately notify the Purchaser by e-mail.
The Purchaser will therefore be entitled to terminate the contract. The termination of the purchase contract pursuant to this paragraph entails the resolution of any accessory contract.
6.6. Alternatively and without prejudice to this right of termination, the Purchaser may accept one of the following proposals from the Producer:
- if a reassortment of the Product is possible, an extension of the delivery terms, with indication of the new delivery term of the reassembled Product;
- if a reassortment of the Product is not possible, the supply of a different product of equivalent value.
The Purchaser's choice must be promptly communicated to the manufacturer through the "Private Area" section in the personal account of the Purchaser.
6.7. In the event that the Purchaser makes use of the right to terminate the contract or in the event that the Purchaser makes no choice of those previously indicated in art. 6.6, and the payment of the total amount due, consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order ("Total Amount Due") has already occurred, the Supplier will reimburse the Total Amount Due without undue delay and, in any case, within the term of 15 working days from the day of termination of the contract or, respectively, from the day following the order. In the case of payment by credit card, or PayPal, this amount will be credited to the same payment method used by the Purchaser for the purchase. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, the Supplier will request the Purchaser to provide, by e-mail, the bank details necessary for the reimbursement. The termination of the purchase contract pursuant to the preceding articles entails the resolution of any other accessory contract.
6.8. In the case of orders relating to a plurality of Products (`` Multiple Order ''), if the unavailability concerns only some of the Products subject to the Multiple Order - without prejudice to the rights attributed to the Purchaser by law, and, in particular , from Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding articles - each Producer involved in the order and whose product is not available will immediately notify the Buyer by e-mail. The Buyer will therefore be entitled to terminate the contract, limited to the Product and / or Products that have become unavailable through a request made to the Manufacturer from the Private Area of his account with which he placed the order.
Alternatively and without prejudice to this right, the Purchaser may accept one of the following proposals:
- if it is possible to reassign the Products covered by the Multiple Order that have become unavailable, an extension of the delivery terms for these Products, with indication of the new delivery date;
- if it is not possible to reassign the Product and / or the Products become unavailable / i, the supply, in substitution of the Products object of the Multiple Order become unavailable, of different products, of equivalent value.
- The Purchaser's choice must be promptly communicated to the Producer through the "Private Area" section in the personal account of the Purchaser.
6.9. In the event that the Purchaser makes use of the right of termination, the purchase contract concerning the Product and / or the Products become unavailable will be partially solved, limited to this Product / s, with consequent return, if already paid , the amount due in relation to these Products, including delivery costs, calculated as indicated in the following articles, and any other additional cost due in connection with specific Products ("Due Partial Amount").
6.10. The resolution of the whole Multiple Order will be possible only in the case of evident and proven ancillary nature of the Products object of the Multiple Order that have become unavailable compared to the other Products object of the Multiple Order available. The Partial Amount Due in relation to the Product (s) that has become unavailable will be reimbursed to the Purchaser without undue delay and, in any case, within the term of 15 working days from the day of termination of the contract.
6.11 In the event that the Purchaser makes no prior choice, the Supplier will refund the Due Partial Amount without undue delay and, in any case, within the term of 15 working days from the day following the dispatch of the order. The refund amount will be communicated to the Purchaser via e-mail. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the Purchaser for the purchase. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. In other cases, the Supplier will ask the Purchaser to provide you, by e-mail, with the bank details necessary for the reimbursement. The termination of the purchase contract pursuant to the preceding articles entails the resolution of any other accessory contract
7. INFORMATION ON THE PRODUCTS
7.1. Each Product is accompanied by the Product Card. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of the computer systems or the computers used by the Buyers for their display. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances for use. For the purpose of the purchase contract, the description of the Product contained in the order form transmitted by the
8.1. The prices of the "Products" are those shown and published on the Website and are expressed in Euro; they are excluded of VAT, which if applicable (depending on the country of destination and the international regulations in force on the subject). The VAT will be loaded and specified on the cart at the closing of the order, depending on the type of product and the current rate.
8.2 Delivery costs, which may vary depending on the delivery method chosen and / or in relation to the payment method used and / or according to the type of Product purchased. In any case, the same will be specifically indicated at the time of order.
8.3. In the event that a Product is offered on the Site at a discounted price, the Site will indicate (i) the full reference price with respect to which the discount is calculated and (ii) to which such full reference price corresponds.
It is understood that the offer of products at discounted prices will be made only in the event that the full reference price of the Product corresponds to the actual market price of the same.
9. TERMS OF PAYMENT
9.1. Payment for Products purchased via the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and / or the method of delivery or shipping. In the event that one of these methods can not be used in relation to a specific product or order, this will be clearly indicated on the Site during the purchase process. The payment methods not available will not in any case be selectable by the Purchaser during the appropriate step of the purchase process.
9.2. In order to obtain the issuance of an invoice by the manufacturer, the Purchaser will have to request it through a specific flag at the time of the check-out of the order.
For the issuance of the invoice, the information provided by the Purchaser at the time of registration and transmission of the order through the Site and that the Buyer himself guarantees to be true. No change in the invoice will be possible after the issuance of the same.
The Purchaser undertakes to keep the Producer and the Supplier undamaged and free from any damage they may derive, including any sanctions, in the event that the data provided by the Buyer through the Website for the issuance of the invoice do not correspond to the true.
9.3. Credit / debit card
Payment of the Products purchased on the Platform can be made by credit card directly through the Website. The Supplier accepts the credit cards of the VISA, Mastercard, AmericanExpress, Maestro circuits, etc.
The credit cards accepted are, in any case, indicated, during the appropriate step of the purchase process. The total amount owed by the Buyer to the Producer is charged at the time the order is transmitted.
In order to guarantee the security of payments made on the Website and to prevent any fraud, the Supplier reserves the right to ask the Purchaser by e-mail to send, by the same means, a two-sided copy of the documents of the owner of the credit card.
In the event that the Supplier does not receive these documents or receives expired or invalid documents, the contract will be deemed terminated by right pursuant to and for the purposes of art. 1456 cc, and the order consequently canceled, without prejudice to the Supplier's right to compensation for any damage in which it may incur due to the non-compliant behavior of the Purchaser. The termination of the contract, which the Purchaser will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by the Supplier, will result in the cancellation of the order resulting in refund of the amount Total Due, if paid, by re-crediting on the same means of payment used. In case of timely receipt by the Supplier of the valid documentation required, the delivery terms applicable to the order will start from the date of receipt of such documentation.
The Supplier uses the Paypal Business secure payment service. The confidential data of the credit card (card number, holder expiry date, security code) are encrypted and thus transmitted to the payment manager. The Supplier therefore never accesses and does not store the credit card details used by the Purchaser for the payment of the Products.
Payment of the Products purchased on the Website can be made using the PayPal payment solution. If the Buyer chooses PayPal as a means of payment, he will be redirected to the www.paypal.it website where he will pay for the Products according to the procedure established and regulated by PayPal and to the terms and conditions of the contract agreed by the Buyer with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Supplier. The Provider is therefore not able to know and does not store in any way the data of the credit card connected to the PayPal account of the Purchaser or the data of any other payment instrument connected with that account.
In the case of payment by PayPal, the Total Due Amount will be charged by PayPal to the Purchaser together with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of reimbursement, for whatever reason, the amount of the reimbursement will be credited to the PayPal account of the Buyer. The timing of re-credit on the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of such an account, the Supplier can not be held responsible for any delays or omissions in the crediting of the refund amount to the Purchaser. For any further complaints, the Purchaser must contact PayPal directly.
9.5 Bank Transfer
The buyer can also make the payment of the products by bank transfer to the coordinates that the Supplier will provide at the time of purchase.
10. METHODS, EXPENSES AND TERMS OF DELIVERY
10.1 The deliveries of the Products are carried out in the territory of all the countries belonging to the European Union and in the world through specialized carriers specially appointed by the "Supplier".
The delivery obligation is understood to be fulfilled by transferring the material availability or otherwise of the control of the Products to the Purchaser.
At the time of Shipment, the Buyer will be sent an e-mail confirming the delivery to the carrier which will also contain the link containing the tracking number and the carrier's telephone number through which the Buyer can check the status. if it is difficult to communicate with the forwarder, the buyer can always contact the Siendas Wine & food Passion customer service, by sending an email to firstname.lastname@example.org indicating the Tracking number and the necessary information.
10.2. Delivery is subject to payment and, unless otherwise provided, delivery costs are to be paid by the Purchaser. The amount of delivery costs due by the Buyer in relation to a specific order is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the The Purchaser proceeds with the transmission of the order and may vary according to the destination, the type of product, the amount and the volume of the goods.
In case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed to the Purchaser will be equivalent to the delivery costs that the latter would have paid for the individual Product object of partial withdrawal, as resulting from the Product Page, in relation to the specific delivery method chosen by the Purchaser. In no case will the amount of delivery costs to be reimbursed be higher than the amount actually paid by the Purchaser for delivery.
In the summary of the order and, therefore, before the Buyer proceeds to transmit the same, the total price of the order will be indicated, with separate indication of the delivery costs and any other possible additional expense. This total, which will also be indicated to the Buyer in the order confirmation e-mail and said sum will constitute the total amount due by the Buyer in relation to the Product (s).
10.3 Delivery on site
The Products purchased on the Website will be sent and delivered to the postal address indicated by the Purchaser in the order form. For the shipping address, the information provided by the Purchaser on the Website is authentic and that the Purchaser guarantees to be truthful. No change in the invoice will be possible after the order has been submitted.
The Supplier, the Carrier and the Manufacturer will not be liable for any delays caused by incorrect communications of addresses and other information necessary for the delivery of the Products.
The Delivery to Home of the Product means the street level, unless otherwise indicated. Delivery will be made from Monday to Friday during normal office hours (from 9: 00 to 18: 00), excluding national holidays.
The Purchaser is aware that the withdrawal of the Product is his / her specific obligation. In case of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called passage notice). The notice will also contain the addresses where the Buyer can contact him to arrange the return or to collect the parcel. After the failed delivery attempt, the package will be in storage at the courier. The Purchaser will be required to collect the parcel within the term of 3 calendar days starting on the second day following the one in which the Notice of Pass has been left.
In the event that the Purchaser does not collect the "perishable" Products referred to in Art. 12 L. 27 / 2012, within this term, the purchase contract can be considered terminated by right, pursuant to and for the purposes of art. 1456 cc and the Supplier will proceed to reimburse the amount owed if already paid by the Purchaser, minus the costs of the unsuccessful Domicile Delivery, the costs of storage, the costs of returning to the Supplier and any other expense in which it has incurred due to non-delivery due to the absence of the recipient.
no amount refunded.
The termination of the contract and the amount of the reimbursement will be communicated to the Purchaser by e-mail. This amount will be credited to the same payment method used by the Purchaser for the purchase. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the Supplier reserves the right to request the Purchaser to provide, by e-mail, the bank details necessary for the reimbursement.
The Purchaser is obliged to report any particular characteristics relating to the place of delivery of the Product and / or its location, by placing a note to the order, in the appropriate space made available to it at the end of the purchase process and before sending order. In the event that it does not provide such indications or provides incorrect information, any additional costs that the Supplier must bear in order to complete the delivery of the Product will be at its charge.
10.4 General Delivery Terms
In the cart and at the closing of the order, the terms within which the goods will be delivered to the destination will be indicated. The delivery terms start from the conclusion of the contract (ie sending the order), unless otherwise indicated. In the case of omitted indication of the delivery deadline, it will in any case take place within thirty days from the date of conclusion of the contract.
In case of delay in delivery, the Manufacturer, through the Platform, undertakes to notify the Buyer, promptly and by e-mail, of the delay in delivery ("Delay Notice E-mail"), indicating at the same time, if available, a new delivery deadline. ("New Delivery Term").
In all cases where a refund is due to the Buyer, the refund amount will be credited to the same payment method used for the purchase, in the case of payment by credit card or PayPal. In other cases, the Supplier, through the Platform, will ask the Buyer for the bank details necessary for the refund. Any delays may depend on the bank or the type of credit card used.
Upon delivery of the Products by the Carrier responsible for their transport, the Purchaser must verify that the quantity and type of products ordered correspond to what is indicated in the transport document and to what is ordered, that the packaging used for transport is intact, not damaged, or in any case altered, even in the closing materials. not carrying out any manipulation on the purchased products other than the so-called one. normal, aimed solely at verifying the nature and characteristics of the products purchased.
The Purchaser is invited to find any anomalies, in his interest, to indicate the same on the carrier's transport document, accepting the package with reserve.
Indeed, the unconditional receipt of the Products, in fact, does not allow the Purchaser to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to fraud or fault serious of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt.
Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to the Supplier, is transferred to the Purchaser, when the latter or a third party designated and different from the carrier enters material possession of the Products.
In the event that the package shows evident signs of tampering or alteration, it is also recommended that the Purchaser promptly inform the Customer Service within 24 hours. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
The Purchaser is recognized the legal guarantee governed by the Italian Civil Code, which states that "the buyer must challenge the seller defects or lack of qualities promised or essential for the use to which the asset is intended, immediately upon delivery when the problematic is clear and in the term of 8 days from the discovery when it is hidden. Within 1 year from the delivery will have to practice the direct legal action to assert the warranty (art.1495 CC) ".
The products offered for sale on the Platform, from Siendas Wine & Food Passion Srls, comply with current Italian, EU and international legislation.
12. MAJOR FORCE
12.1. In any case, the Supplier shall not be liable to the Purchaser for the non-fulfillment of any clause of these GTS and / or the sales contract, if the fulfillment has been made impossible or excessively burdensome due to unforeseeable events. not attributable.
12.2. The Supplier can not be held liable to the Purchaser, except for malice or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or of its Producers.
12.3 The Supplier, for the management of payments made by the Purchaser by credit card, uses the work of specialized third parties to ensure that payment transactions take place by adequately protecting the Purchaser's data.
In any case, even if the Supplier undertakes to exercise the utmost care in the choice of third parties for the service, he can not be held liable to the Purchaser for any damage suffered as a consequence of inefficiency or malfunctioning connected to this service or in case of subtraction o illicit access to Buyer's data by third parties.
13. RIGHT OF WITHDRAWAL AND RESOLUTION
The Supplier can freely decide to withdraw from the telematic contract in the event that the Purchaser does not make the payment or in the specific cases indicated in the various GCS (see articles 4,5,6,8,9,10,12)
The Purchaser may decide to withdraw from the contract for the purchase of products in the cases governed by the GCS (see Article 5,6,8,9,10,11).
The Manufacturer may withdraw from the collaboration with the Supplier under the conditions set out in the manufacturer contract, to which reference is made for the sake of brevity.
The contract for the purchase of the Products is considered terminated by law in the event that the Buyer fails to pay the Total Amount Due.
The Buyer will be notified of the termination of the contract and the consequent cancellation of the order via the Site or by e-mail.
The ownership of the Products will be transferred to the Purchaser at the time of shipment, to be understood as the moment of delivery of the Product to the Carrier ("Shipping"). The risk of loss or damage to the Products, for reasons not attributable to the Supplier, however, will be transferred to the Purchaser when he himself or a third party designated by him and other than the carrier, materially comes into possession of the Products.
14. ASSISTANCE, COMMUNICATIONS and COMPLAINTS
It is possible to request information, send communications and / or submit complaints by contacting the customer service of MarketPlace Siendas Wine & food Passion ("Customer Service") in the following ways, at the following addresses:
- a) through the form contained in the Customer Service Section in the footer of the site; by e-mail, at email@example.com;
- b) by mail, writing to Siendas W & F P. Srls via angioj 10, 08017 Silanus, (Nu)
The Supplier will respond to complaints by e-mail or mail within a maximum period of seven days from receipt of the same.
15. APPLICABLE LAW, JURISDICTION and JURISDICTION
These GCS, as well as any sales contract concluded on the Platform, will be regulated and interpreted in accordance with the Italian law in force.
Without prejudice to European and transnational transactions, the application for the Buyer of any more favorable and mandatory provisions provided for by the rules indicated in art. 2 of the GCS.
For the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these Conditions of Sale, it is specified that the Supplier intends to avail itself of the Civil and Commercial Mediation Bodies in Nuoro, to resolve the dispute in a good manner.
For any judicial controversy concerning the application, execution and interpretation of these Conditions of sale, the Forum of Nuoro is competent.
16. CONTENTS OF THE SITE and INTELLECTUAL PROPERTY RIGHTS
The contents of the Site, by way of example, the works, images, photographs, dialogues, music, videos, documents, drawings, figures, logos and any other material published on the Website are protected by the right of author and any other intellectual property rights of Siendas Wine & food Passion Srl. Reproduction, modification, duplication, copying or otherwise exploitation of the images and contents of the Site, as well as any use for commercial and / or advertising purposes is prohibited unless previously authorized in writing by the Supplier.
17. PERSONAL DATA TREATMENT
Information pursuant to art. 13 of the 679 / 2016 European Regulation and consent
Pursuant to art. 13 of the European Regulation (EU) 2016 / 679 (hereafter GDPR), and in relation to the personal data of which the Supplier will become available with the assignment of your practice, we inform you as follows:
Data controller and responsible for the protection of personal data
The data controller is Siendas Wine & food Passion Srl, in the person of the legal representative (hereinafter also referred to as the "OWNER") with registered office in via Angioj 10, 08017 Silanus.
The Data Controller responsible for the protection of personal data can be contacted by PEC firstname.lastname@example.org, mail email@example.com, at the address via Angioj 10, 08017 Silanus.
Purposes of data processing
The treatment is aimed at the correct and complete execution of the professional assignment received, both in judicial and extrajudicial fields. Your data will also be processed in order to:
- fulfill the obligations envisaged for tax and accounting purposes;
- respect the obligations incumbent on the professional and required by current legislation.
Personal data may be processed by means of both paper and electronic files (including portable devices) and processed in ways strictly necessary to meet the aforementioned purposes.
Legal basis of the processing
The Siendas Wine & Food Passion Srl processes the personal data of the Users lawfully, where the treatment:
- is necessary for the execution of the contract for the purchase of the Products from the SITE;
- is based on the expressed consent;
Consequences of failure to communicate personal data
With regard to personal data relating to the execution of the contract, failure to communicate personal data prevents the completion of the contractual relationship.
The personal data, object of treatment for the above mentioned purposes, will be kept for the duration of the contract and, subsequently, for the time in which Siendas Wine & food Passion Srl is subject to conservation obligations for fiscal purposes or for other purposes, foreseen , by law or regulation.
Personal data may be communicated to:
- other third parties who collaborate with Siendas Wine & food Passion Srl for the purposes indicated above;
- Judicial or administrative authorities, for the fulfillment of legal obligations.
Profiling and dissemination of data
Personal data are not subject to dissemination or to any fully automated decision making process, including profiling.
Rights of the interested party
Among the rights recognized by the GDPR to Users are those of:
- ask Siendas Wine & food Passion Srl for access to personal data and information relating to the same; the correction of inaccurate data or the integration of incomplete ones; the deletion of personal data concerning Users (upon the occurrence of one of the conditions indicated in art.17, paragraph 1 of the GDPR and in compliance with the exceptions provided for in paragraph 3 of the same article); the limitation of the processing of personal data (in the event of one of the hypotheses indicated in art.18, paragraph 1 of the GDPR);
- request and obtain from Siendas Wine & food Passion Srl - in the hypothesis in which the legal basis of the processing is the contract or consent, and the same is carried out by automated means - personal data in a structured and readable format by automatic device, also for the purpose to communicate such data to another data controller (so-called right to the portability of personal data);
- oppose at any time the processing of personal data to the occurrence of particular situations that affect them;
- revoke the consent at any time, limited to the cases in which the processing is based on consent for one or more specific purposes and concerns common personal data (for example date and place of birth or place of residence), or particular categories of data (for example data revealing racial origin, political opinions, religious convictions, health status or sexual life). The treatment based on consent and carried out prior to the revocation of the same preserves, however, its lawfulness;
- propose a complaint to a supervisory authority (Authority for the protection of personal data - www.garanteprivacy.it).
To exercise these rights Users may contact Siendas Wine & Food Passion Srl and / or Customer Service pursuant to art. 15.