TERMS & CONDITIONS
General Sales Conditions, effective from 14/06/2022.
This information is provided for the website https://saponiflorinda.it/ (Site).
Seller’s Data: La Dispensa S.r.l., VAT number 06263700962, Via Circonvallazione 67, Bellusco (MB), Email: email@example.com (Seller).
Art. 1 Scope of Application
1.1 These General Sales Conditions apply to all sales made by the Seller on the Site.
1.2 If the Site allows it, entering your tax code when making a purchase implies that you are acting as a Consumer under art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). Please note that a Consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out. If, on the other hand, the option to enter a VAT number (yours or that of a legal entity) is given, this implies a purchase as a “Professional,” as defined in art. 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person who acts in the course of their entrepreneurial, commercial, artisanal, or professional activity, or one of their intermediaries. The implications of purchasing as a Consumer or Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are to be considered purely indicative. Colors may differ from the actual ones due to the settings of the computer systems or computers you use for viewing.
1.4 The General Sales Conditions may be changed at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. Therefore, you are invited to regularly access the Site and consult the most up-to-date version of the General Sales Conditions before making any purchase.
1.5 The applicable General Sales Conditions are those in force on the date of sending the purchase order.
1.6 These General Sales Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site via links, banners, or other hyper-textual links.
1.7 Before conducting commercial transactions with such subjects, it is necessary to verify their sales conditions.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such subjects.
1.9 The Seller does not carry out any control and/or monitoring on websites accessible via such links. Therefore, the Seller is not responsible for the content of such sites or for any errors and/or omissions and/or violations of the law by the same.
1.10 You are required to carefully read these General Sales Conditions as well as all other information provided by the Seller on the Site, even during the purchase procedure.
1.11 Unless otherwise agreed with the Seller, orders cannot be sent by email on the Site. The Seller does not accept phone orders, unless otherwise agreed with the customer.
1.12 All elements of the Site are the property of the Seller or third parties. Without the specific written consent of the Seller, it is prohibited to reproduce, in whole or in part, and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
1.13 In no case can the Seller be held responsible towards you or third parties for any indirect, incidental, special, or consequential damage. This includes, for example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or state: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, you need to follow the procedure provided on the Site itself, entering the required data each time. The sales contract is concluded when the order is received by the Seller’s server.
2.2 You undertake to immediately inform the Seller if you suspect or become aware of any misuse or improper disclosure of any information entered by you on the Site.
2.3 You warrant that the personal information provided is complete and true and undertake to indemnify the Seller and hold it harmless from any damage, compensation obligation, and/or penalty arising from or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller if you suspect or become aware of any misuse or improper disclosure of access credentials to the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Sales Conditions or any legal provisions.
2.5 To place orders on the Site, it is not necessary to accept these General Sales Conditions. However, sending the purchase order constitutes acceptance of
these General Sales Conditions. By accepting these General Sales Conditions, you exempt the Seller from any liability deriving from the issuance of incorrect tax documents due to errors in the data provided by you when making the purchase.
2.6 You can only make purchases on the Site if you are of legal age (18 years or older).
2.7 In the event of a purchase made as a Consumer (as defined in art. 1.2), you will be required to enter your tax code. If you enter your VAT number when making a purchase, you will be required to enter the complete tax identification data of your business. You will be required to enter your VAT number when making a purchase as a Professional.
Art. 3 Price
3.1 All sales prices of the products listed on the Site are expressed in Euro and include VAT, where applicable. Shipping costs, if any, are clearly indicated before order confirmation.
3.2 The price of products may be changed by the Seller at any time. The price that will be charged to you is the one indicated on the Site at the time the order is sent and will be shown in the order summary before payment is made.
3.3 Despite the Seller’s constant commitment to ensuring that the prices indicated on the Site are up-to-date and accurate, there may be rare cases of errors. In the event of an error in the indication of a price for a product, the Seller will provide you with the option to confirm the purchase of the product at the correct and up-to-date price or to cancel the order.
3.4 The Seller may change the prices of products and/or services at any time, without notice. Any price changes will not affect orders already confirmed by the Seller.
Art. 4 Payment
4.1 Payment can be made using the methods indicated on the Site at the time of purchase.
4.2 In case of payment by credit card, the financial information (credit card number, expiry date, etc.) will be sent by encrypted protocol to the payment service provider that the Seller uses. Such information will never be used by the Seller except for carrying out the procedure relevant to your purchase or for issuing refunds in the event of product returns, as a result of exercising your right of withdrawal, or if it becomes necessary to prevent or report to the police the commission of fraud on the Site.
4.3 The price for the purchase of products and the shipping costs, as indicated in the order summary, will be charged to your current account when the purchased products are shipped.
4.4 In the event of payment by bank transfer, the order will only be processed upon receipt of the corresponding amount, which must occur within 7 days from the date of acceptance of the order. After this period, the order will be automatically canceled.
Art. 5 Shipping and Delivery
5.1 The products purchased will be delivered to the address indicated during the purchase process. Deliveries can only be made to addresses located within the European Union.
5.2 The delivery costs are charged to the customer and are explicitly highlighted at the time of placing the order.
5.3 The Seller undertakes to do everything in its power to respect the delivery times indicated on the Site and, in any case, to deliver within a maximum period of 30 days from the day following the day on which you sent the order. However, the times indicated are purely indicative and may change due to reasons beyond the control of the Seller.
5.4 In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a notice and will attempt to make the delivery again on the next working day. If, even on the second attempt, the delivery cannot be completed, the courier will leave a second notice. If the delivery is not successful after the second notice, the package will be returned to the Seller.
5.5 Upon delivery of the products, you are required to check that the packaging is intact, undamaged, or wet or otherwise altered, including the sealing materials (adhesive tape or metal straps). Any damage to the packaging and/or the product or the incorrect number of items or information must be immediately disputed by writing “SUBJECT TO INSPECTION FOR DAMAGES” on the courier’s delivery document. Once the courier’s document is signed without any disputes, you will not be able to make any objection regarding the external characteristics of the goods delivered.
5.6 In the event of a dispute regarding the content, completeness, and/or correctness of the products received, you must contact the Seller within seven days of receipt of the products.
5.7 In the event of failure to collect the products within the deadlines set by the courier, the products will be returned to the Seller, who will refund the price of the products, net of the shipping costs and the costs of returning the products to the Seller. If you still wish to receive the products, you will have to place a new order.
5.8 The delivery is considered completed when the product is made available to you at the address you indicated during the purchase process.
5.9 In case of non-collection of the products, for any reason, by you within the storage deadline set by the courier, the purchase order will be considered canceled, and the contract will be terminated by law, pursuant to art. 1456 of the Italian Civil Code.
5.10 After the contract is terminated, the Seller will refund you the total amount you paid for the purchase of the products, minus the costs of returning the products to the Seller and any other costs incurred by the Seller as a result of your failure to collect the products, without prejudice to the right of the Seller to claim compensation for any additional damage.
Art. 6 Product Availability
6.1 The products offered on the Site are available in limited quantities. Therefore, the Seller does not guarantee the availability of all products.
6.2 The availability of products may change without notice. The availability status indicated on the Site is purely indicative and is not binding for the Seller.
6.3 In the event of the unavailability of a product that you have ordered, the Seller will notify you promptly, offering you the option to purchase an alternative product or to cancel the order.
6.4 If you choose to cancel the order, the Seller will refund the full amount you paid, including any shipping costs, without undue delay and, in any case, within 14 days from the day on which you informed the Seller of your decision to cancel the order.
Art. 7 Right of Withdrawal
7.1 In accordance with the applicable legislation, you have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without penalty, within 14 days from the day on which you or a third party designated by you (other than the courier) receives the products.
7.2 To exercise your right of withdrawal, you must inform the Seller of your decision to withdraw by an unequivocal statement. You can use the standard withdrawal form provided by the Seller, which you will find at the following link: [insert link to the standard withdrawal form], or you can send any other unequivocal statement expressing your intention to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
7.3 You can send the notice of withdrawal to the following address: La Dispensa S.r.l., Via Circonvallazione 67, 20040 Bellusco (MB), Italy. Alternatively, you can send an email
to the following address: [insert email address for withdrawal notifications].
7.4 If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.5 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
7.6 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
7.7 The right of withdrawal is subject to the following conditions:
a) The right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product.
b) The products must be returned in their original packaging, complete in all their parts, including any accessories, and with the attached tax documents. Without prejudice to the right of the Seller to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
7.8 If the product is damaged during return shipping, the Seller will notify you of the incident (within 5 working days of receiving the goods), to allow you to file a timely complaint against the courier you chose and obtain a refund of the value of the product (if insured). In this case, the product will be made available to you for return, while canceling the request for withdrawal.
7.9 If the withdrawal is not exercised in accordance with the applicable legislation, it will not result in the termination of the contract, and, accordingly, the Seller will not be required to refund the price paid for the products.
Art. 8 Warranty and Compliance of Products
8.1 The Seller is responsible for any defects in the products offered on the Site, including the non-compliance of the items with the products ordered, pursuant to the provisions of Italian law.
8.2 If the purchased product has a defect, you must promptly contact the Seller using the contact information provided on the Site (including email or telephone), indicating the defect and requesting its repair, replacement, or a refund, in accordance with applicable law.
8.3 The Seller will respond to your request for assistance within a maximum of 2 working days.
8.4 In cases where the application of the guarantees provides for the return of the product, the product must be returned by you in its original packaging, complete in all its parts (including any accessories and documentation). Without prejudice to the right of the Seller to verify compliance with the above, the Seller will refund the amount of the defective product within a maximum period of 14 days, including any shipping costs.
8.5 In cases where the application of the guarantees provides for the repair of the product, you must follow the instructions provided directly by the Seller.
8.6 The costs of shipping the product to the Seller and returning it to you, in the event that the product is not in conformity with the order, will be borne by the Seller.
8.7 If the Seller, for any reason, is unable to provide you with a product under warranty (restored or replaced), it may proceed, at your choice, to refund the amount paid or to replace it with a product of equal or superior characteristics.
8.8 No damage compensation may be claimed from the Seller for any delays in carrying out repairs or replacements.
8.9 In cases where the application of the guarantees does not provide for the return of the product, you can request, at your choice, a reasonable reduction in the price or the termination of the contract. In this case, you must send your request to the Seller, who will respond to it within 2 working days.
8.10 In cases where the Seller has reimbursed the price paid for the defective product, the product itself will be considered returned by mutual agreement, with all the related effects.
8.11 The warranties provided for in this article will apply only to products purchased on the Site and will not cover any products purchased from third-party sellers or other websites.
8.12 The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used for their display. The Seller cannot be held responsible for any inaccuracies resulting from the aforementioned causes.
8.13 In case of damage due to defects in the products, all the Seller’s obligations will be limited to the repair or replacement of the products in question, as provided for by the Consumer Code and these General Sales Conditions.
Art. 9 Responsibility
9.1 The Seller assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the Internet, in the event that it fails to execute the order within the time stipulated in the contract.
9.2 The Seller cannot be held responsible for any damage, loss, or costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
9.3 In no case can the Consumer be held responsible for delays or errors in the payment if they prove that the payment was made in the manner and within the time indicated by the Seller.
Art. 10 Obligations of the Buyer
10.1 You agree to pay the price of the product purchased in the times and methods indicated in these General Sales Conditions.
10.2 Once the online purchase procedure is concluded, you agree to print and keep these General Sales Conditions, which you have already viewed and accepted.
10.3 The information contained in these General Sales Conditions has been viewed and accepted by you, who acknowledge it, as this step is mandatory before purchase.
Art. 11 Right of Suspension
11.1 The Seller has the right to suspend the fulfillment of its obligations if unforeseeable circumstances or force majeure events prevent or delay fulfillment.
11.2 If the Seller is unable to fulfill the order within the time agreed in the contract, it will notify you, indicating a new expected delivery date. You will have the right to cancel the order if the new delivery date is not acceptable to you. In this case, the Seller will refund the price paid.
Art. 12 Communications and Complaints
12.1 Written communications addressed to the Seller and any complaints will be considered valid only if sent to La Dispensa S.r.l., Via Circonvallazione 67, 20040 Bellusco (MB), Italy, or to the email address firstname.lastname@example.org. The Seller will respond to complaints within 2 working days.
Art. 13 Privacy
Art. 14 Applicable Law and Jurisdiction
14.1 The sales contract between you and the Seller is concluded in Italy and governed by Italian law.
14.2 For the solution of civil and criminal disputes arising from the conclusion of this contract of distance selling, if the customer is a consumer, the local jurisdiction is that of the reference forum of their municipality of residence; in all other cases, the local jurisdiction is exclusively that of the Court of Monza, Italy.
Pursuant to art. 1341 of the Italian Civil Code, the Customer declares to have read and accepted the following articles of these General Sales Conditions: 1.2 (Consumer or Professional), 1.3 (Images and Descriptions), 2.1 (Procedure for Purchase on the Site), 2.5 (Payment and Tax Documents), 4.4 (Refusal of Orders), 5.1 (Product Delivery), 7.1 (Right of Withdrawal), 7.2 (Exercise of Withdrawal), 8.1 (Defects and Non-compliance), 8.2 (Contacting the Seller), 8.6 (Return Costs), 8.11 (Responsibility of the Buyer), 11.1 (Right of Suspension), 14.1 (Applicable Law), and 14.2 (Jurisdiction).