CONDITIONS OF SALE
Seller:
La Capsuleria Srl with head office in Via Travagliato 28 - Torbole Casaglia (BS) postcode 25030, Italy with CF and P.IVA 03861540981 registered in the Companies Register of Brescia n. REA BS - 569386, Tel. 0305235025, email: amministrazione@la-capsuleria.com
Customer:
Private or professional.
Website commerce:
www.lacapsuleria.com
Products:
All products sold on the web commerce site.
Order proposal:
to be filled in on the Website by the Customer, containing his/her data and the terms of sale
Contract of sale:
Established by the Order proposal and the Terms and Conditions of Sale of the company La Capsuleria Srl with registered office in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030, Italy with CF and P.IVA 03861540981 registered in the Companies' Register of Brescia n. REA BS - 569386.
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.A
Order proposal and acceptance of the same.
By filling out the order proposal on the website commerce, the Customer signs a contract of sale with the Seller for the Products selected in the same, at the price and according to the other conditions specified. The order proposal is final and irrevocable for 10 days from the date of sending the proposal. After receipt of the order proposal by the seller, the seller will undertake the careful preparation of the order and the execution of the order. The seller will notify the customer with an order confirmation of the acceptance of the order proposal and of the present sales contract, within the maximum time limit of the expiry of the order proposal made by the customer.
The products of the company La Capsuleria Srl with head office in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030, Italy with CF and P.IVA 03861540981 enrolled in the register of companies of Brescia n. REA BS - 569386, Tel. 0305235025, email: amministrazione@la-capsuleria.com any unavailable products will be promptly communicated on the commerce website.
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.B
Type of contract.
The present contract is to be understood as a contract for the sale of goods or movable property, as provided for by articles 1470 and following of the Italian Civil Code.
The successful contract is between the seller and the final consumer customer of the products of the company La Capsuleria Srl with headquarters in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030, Italy with CF and P.IVA 03861540981 registered in the business register of Brescia n. REA BS - 569386, Tel. 0305235025, email: amministrazione@la-capsuleria.com
For purchases with the purpose of marketing the products, point A expressly applies.
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.C
Sample and illustrative images
In the website commerce are used sample images of the products of the company La Capsuleria Srl with headquarters in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030, Italy with CF and VAT No. 03861540981 registered in the Companies' Register of Brescia n. REA BS - 569386, Tel. 0305235025, email: amministrazione@la-capsuleria.com to indicate and explain the type of products. The relative non-conformities of the products can only be contested if very considerable. The use of the products of the company La Capsuleria Srl with head office in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030, Italy with CF and VAT No. 03861540981 registered in the Companies' Register of Brescia n. REA BS - 569386, Tel. 0305235025, email: amministrazione@la-capsuleria.com is referred to a standard use of the same. It is up to the customer to verify the use of the products in a concrete way before proceeding with the purchase for a correct use and functionality.
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.D
Shipping and delivery of products
The products will be delivered by courier as specified in the order proposal.
Delivery will be made to the place indicated by the customer in the order proposal.
The precise and final delivery will be communicated by the seller or the courier.
The delivery date in the order proposal is purely indicative.
Delivery within 30 days after the order is placed decrees the fulfilment of the seller's obligations.
Orders are generally processed in 24/48h and delivery takes 2/5 working days. Except for special shipping locations.
Any additional shipping costs shall be borne by the customer.
In case of absent recipient the responsibility is of the customer himself.
Any delivery date provided for in the Order Form is only indicative and delivery on a different date, provided it is made within 30 days of the order, constitutes exact fulfilment by the Seller. By way of example, orders are generally dispatched the day after (Monday to Friday) receipt of payment and delivery takes place on average within 24 hours for Italy, within 48 for the Islands and within a few small fractions for express courier shipments.
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.E
Prices and payments.
All the prices of the products and services offered by the company La Capsuleria Srl with head office in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030, Italy with CF and P.IVA 03861540981 registered in the companies register of Brescia n. REA BS - 569386, Tel. 0305235025, email: amministrazione@la-capsuleria.com are expressly indicated in the website commerce, in the order proposal made by the customer and in the order confirmation made by the seller. The method of payment is expressly indicated on the website, in the order proposal made by the customer and in the order confirmation made by the seller. Payment by bank transfer requires a positive value date verification. Payment by cash on delivery provides for payment exclusively in cash to the agent in charge, in this case the courier himself, who acts as the seller.
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.F
Late payment and debt collection
Failure to pay entitles the seller to suspend delivery of the order placed by the customer and any additional services until the sum due has been collected. The seller, in case of default by the customer, is authorised to put the customer in default, established by D. lgs 231/02. The seller is entitled to compensation pursuant to Article 6 of Legislative Decree 231/02, whatever the relationship with the customer. Partial payments in arrears will be charged as expenses, penalties, and damages. Legal costs shall be quantified according to the rates in force. In order to avoid and prevent possible frauds or fraudulent orders the seller has the right according to D.Lgs. 30 June 2003 n. 196 to verify the IP addresses of the respective order proposals. Unless compensation for damages caused by the fraudulent order is made against the seller.
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.G
Joint and several liability.
At the request of the customer it is possible to indicate third party data on the tax documentation. The customer is expressly liable with any third parties for the payment obligation indicated in the proposal and order confirmation, except in cases provided for by law. The invoice must be expressly requested in the order proposal. Otherwise only the fiscal receipt will be issued.
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.H
Patents, industrial and intellectual property.
The customer acquires full ownership of the products only and exclusively upon full payment agreed with the seller as per articles 1523 and following of the Italian Civil Code. The La Capsuleria trademark and logo is expressly registered and filed. All designs, technical, promotional, advertising material is part of the intellectual property of the seller. All trademarks, signs, logos referring to the company La Capsuleria Srl present on the website commerce are the property of the same and are purely for explanatory purposes regarding the sale of its products. The improper use of trademarks, logos and signs of La Capsuleria is punishable by law.
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.I
Termination of the contract
The contract of sale is deemed to be terminated pursuant to Article 1456 of the Italian Civil Code, with the fulfilment of only one of the following clauses:
1. Failure to pay the agreed price
2. Unjustified refusal to deliver. Unjustified assignment of delivery.
3. bankruptcy situation of the customer
4. In cases of serious default by the customer.
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.J
Non-conformity and liability.
Any non-conformity of the products must be expressly notified to the seller by registered letter with acknowledgement of receipt within 14 days of receipt of the products. Once the 14 days have passed from the date of delivery, the customer automatically and unquestionably accepts the products received and renounces any type of recourse. Any non-conformity of the products does not entitle the customer to suspend payments. The seller's sole obligation with regard to non-conformity of the products is to replace the products after verification by the seller. The costs of replacing the products shall be borne by the customer.
The seller's liability is excluded:
1- if the customer could have foreseen or known about the non-conformities.
2- if the non-conformities are small and it is too expensive to remedy them.
3.if the non-conformities result from any manner or means of installation of the products
3. whether the non-conformities derive from the intervention of unauthorised or qualified personnel.
4. whether the non-conformities are linked to a purely aesthetic and non-functional aspect of the products.
In the event of serious delays in delivery due to the vendor's failure to fulfil its obligations, the vendor will compensate a sum of money which may be up to the value of the order placed by the customer.
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.K
Order changes and conditions of sale
Any type of change to the order and to this contract must be agreed in writing. Any kind of order modification shall be regulated according to art. 1327 c.c. The vendor shall endeavour to satisfy the customer where possible by communicating this in a timely manner with the customer.
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.L
Right of withdrawal
Pursuant to and for the purposes of Chapter I, of Title III, of Part III of Legislative Decree no. 206 of 6 September 2005 (Consumer Code, Articles 52 et seq.), the Seller hereby expressly informs the Customer that he/she is a "consumer" within the meaning of the regulations in force, has the right to withdraw from the Contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the Products. The wish to withdraw from the Contract may be communicated: 1. by sending the "standard form" for exercising the right of withdrawal, attached to these Conditions of Sale, duly completed and signed;
2. by submitting any other explicit statement of your decision to withdraw from the contract.
Such communication may be sent, within the above-mentioned time limit, to the email address: amministrazione@la-capsuleria.com or to the address "La Capsuleria Srl with headquarters in Via Travagliato 28 - Torbole Casaglia (BS) CAP 25030. Any communication is deemed to be sent in good time if it is sent within the above deadline. The onus remains on the consumer to prove that he/she has exercised the right of withdrawal promptly and correctly.
Once the right of withdrawal has been exercised, the Customer must return the Products to the address indicated above, or deliver them to a third party authorised by the Seller to receive them, without undue delay and in any case within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract to the Seller. For the purposes of the deadline, the Products shall be deemed to be returned when they are handed over to the accepting post office or forwarding agent. The Seller will refund the amount paid within 14 working days of the Customer's notification of his intention to exercise his right of withdrawal, with the right to withhold said refund until the undamaged Products have been received, or until the Customer has demonstrated that he has returned the Products, whichever is sooner.
The costs of returning the Products are borne by the Customer and will not be reimbursed by the Seller.
N.B. In case of returned products purchased with free shipping, an amount equal to Euro 10,00 will be deducted from the refund.
The Customer is responsible for any diminished value of the Products resulting from handling the same in a manner different from that necessary to establish the nature, characteristics and functioning of the Products.
It is specified that the right of withdrawal referred to in this article applies only to Customers who are natural persons and qualify as "consumers" under the applicable law, being excluded for Customers who do not qualify as "consumers", that is Customers acting for business, commercial, craft or professional purposes.
In any case, the right of withdrawal is excluded if the sale falls under the exceptions provided for by Art. 59 of the Consumer Code, as reformed by Legislative Decree no. 21.02.2014, no. 21, in particular when it concerns
1. the supply of Products made to measure or clearly customised;
2. the supply of Products that are liable to deteriorate or expire rapidly;
3. the supply of sealed Products that are unsuitable for return for reasons of hygiene or health protection and have been opened after delivery;
4. the supply of Products that, after delivery, are, by their nature, inseparably mixed with other goods. The Seller therefore reserves the right to check and assess in each specific case the possibility of withdrawal and/or the concrete reduction in the value of the product in view of the particular nature of the goods sold.
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.M
Competent Court. For any controversy of a legal nature the competent court is that of Brescia.
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.N
Consumer Contract.
If the Customer is a consumer within the meaning of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments and additions, and of the 1980 Rome Convention on the law applicable to contractual obligations, the more favourable provisions of those regulations shall apply in his favour, with the disapplication of any clauses or elements of clauses that may be in conflict and the continuation of the validity of the other clauses. The clauses or elements of clauses of these conditions that may fall under the provision of art. 33 paragraph 2 of Legislative Decree 206/05, are not vexatious if it appears from the order proposal, or otherwise, the respective individual negotiation between the Customer and the Seller.
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.O
Reference to sector regulations.
For all matters not expressly derogated from this Contract, in addition to Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments and additions, reference is made to other applicable regulations with express, but not exhaustive, reference to Legislative Decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market) and subsequent amendments and additions.
