GENERAL CONDITIONS OF SALE AND CONTRACTUAL 'EMERALD GARDENS OF THE SITE FOR EMANUELE BORIO WWW.ORTOSMERALDO.IT
Pursuant to and for the purposes of the decree 22/05/1999, n. 185 "Implementation of Directive 97/7 / EC on the protection of consumers in respect of distance contracts" and the Circular No. 3487 / C of 01/06/2000 of the Ministry of Industry whose object Legislative Decree No. 114 of 31/03/1998 "Regulations on the sale of goods via electronic means. Electronic Commerce."
This contract is for the sale of packaged food in general and wine bottles in the amount and quality desired by the consumer through the site selection telematics www.ortosmeraldo.it.
From the moment the consumer can access and use the site is subject www.ortosmeraldo.it accession and agrees to be legally bound by the terms and conditions set forth below, including all documents listed.
Please review this document carefully before using the services.
It could deter access to the website or use it if you do not wish to accept and comply with these terms and conditions.
In the case of large quantities or special requests from the customer, the order can be made by phone with the sales manager.
The correct order is confirmed by L'Orto emerald Borio Emanuele through an answer by e-mail, sent to the email address supplied by the customer. In the case of non-acceptance, L'Orto emerald Borio Emanuele shall promptly notify the customer.
ARTICLE 1 - DEFINITIONS SUPPLIER OF GOODS AND SERVICES (CALLED OPERATOR):
The Emerald Gardens of Borio Emanuele
Fr. Vaccheria Via Mulino vecchio, 49 12050 Guarene (CN)
Tax Code BRONZE61C23A124F
REA CN - 190528
As owner of the website:
User or customer site www.ortosmeraldo.it
ARTICLE 2 - THE NATURE OF THE GOODS
The goods and services for sale are those described on the pages of www.ortosmeraldo.it, where the name of the product and any description containing the essential characteristics of the goods.
The photos associated with each product are published accompanying the description of the product but do not constitute a prerequisite to the sale, because in some cases, the pictures may not reflect the appearance of the product delivered, as reported in the authentic name and description of the product itself.
These data are subject to change, periodic updates, for the purpose of a further improvement of the service to the consumer.
ARTICLE 3 - PRICES AND AVAILABILITY PRODUCTS
All products offered for sale on the site www.ortosmeraldo.it are present in our shop. However we do not guarantee the actual availability of a product, since more users can buy it at the same time.
In case of lack of a product ordered, L'Orto emerald will contact the buyer and will propose changing the order or may decide to give up the sale, returning the amount paid.
Product prices L'Orto emerald Borio Emanuele are clearly indicated on the site are inclusive of VAT.
The price of the product must be added the cost of shipping where applicable, the amount of which varies depending on the mode of delivery requested, in addition to customs duties when due.
If a price has been published in error or incorrectly, L'Orto emerald reserves the right to give up the sale.
The price of the purchased goods is summarized in the order form when the customer accepts these conditions by selection and send electronically, even using IT systems (on-line, by e-mail or fax), the module Order L'Orto emerald Borio Emanuele. The customer is required to accept these terms and conditions for orders placed by telephone; in this case, the customer will receive written confirmation of the order received by e-mail, fax or SMS as preference exposed. Prices and availability of products marketed by L'Orto emerald Borio Emanuele through www.ortosmeraldo.it are subject to change without notice.
ARTICLE 4 - PURCHASE CONTRACTS ENTERED INTO BETWEEN MINORS
The purchase can be made only by adults. However, if you were to check the purchase by a minor by providing false information relating to age, or false information to purchase the desired object and / or to access the desired data, parents are directly responsible for the payment of the purchased without prejudice to the discipline of withdrawal under Article 7 of these terms of sale.
ART.5 -ORDINI / BILLING
Orders are accepted in writing, e-mail, Internet, telephone or fax. The conclusion of the contract is dependent on the execution by the Client of the full payment with one of the available payment methods. Tax Invoice may also be issued after the delivery of the goods within the time prescribed by law.
ARTICLE 6 - DELIVERY OF GOODS
The delivery of goods is carried out within the time specified in the proposal, to the address indicated by the consumer and by the Corriere commissioned by L'Orto emerald Borio Emanuele. The identification of goods and its ownership changes occur upon remittance of the goods to the Courier. Such appeal will also consider fulfilled his obligation to deliver the tax on L'Orto emerald Borio Emanuele. In order to avoid fraud, the Courier reserves the right to identification, which shows the coincidence of data between the order information and the holder of the credit card. For the same purpose it is necessary that the customer provides a telephone number (preferably fixed telephony), which will be used with extreme accuracy, to give more security to the transaction / delivery, as well as the applicant's name on the intercom / bell, if any. If upon delivery the recipient is absent, the person in charge will leave a message / warning to agree with the customer another delivery time or to allow the withdrawal of the package at the nearest office of the courier. The customer, upon receipt / withdrawal, is required to verify the integrity and quantity of the goods in the presence dell'incaricato delivery; when packing the shipment shows clear signs of tampering or deformation that could indicate that any damage to or alteration of the content, the customer will have to ACCEPT the package clearly indicating on the delivery note (Transportation Document or Waybill) conditions that are evident ; or, if the package did not contain any visual evidence of any breakages, ALWAYS accept signing the delivery note with the word "ACCEPTED SUBJECT TO INSPECTION" so you can check the contents of the shipment and make sure the condition of the goods then. In the event that one or more products were not in perfect condition because damaged during transport, the customer, after you write down on the delivery "VISIBLE DAMAGED GOODS WITH PACKING", within three (3) working days shall notify by e -mail L'Orto emerald Borio Enzo at firstname.lastname@example.org. L'Orto emerald Borio Emanuele will open a practice of corruption and, at its own expense, no later than 30 days from the date of delivery or reporting, to replace damaged products or if this is not possible, to refund the customer of the amount. In the event that the customer contacts the customer service after the third working day, will be entitled to L'Orto emerald Borio Enzo decide to open a practice of corruption which includes the replacement of the goods.
ARTICLE 7 - RIGHT OF WITHDRAWAL
L'Orto emerald Borio Enzo guarantees the right to withdraw from the purchase contract, referring to the Legislative Decree 22/05/1999, n. 185 "Implementation of Directive 97/7 / EC on the protection of consumers in respect of distance contracts', as amended. The customer can exercise the right of withdrawal no later than 10 working days of receipt of goods. This right must be exercised by sending a written notice by registered mail with return receipt to: - The Garden emerald Borio Emanuele, Via Mulino old, 49 GUARENE (CN), Italy. The communication can be sent, within the same period, by exceedingly email addressed to email@example.com or fax to n. +39 0173 211538, provided it is confirmed by registered letter with acknowledgment of receipt within forty-eight (48) hours. The goods must be returned intact to the operator, in undisturbed conditions and complete the original packaging, at the expense of the customer no later than 15 days from the communication of withdrawal. L'Orto emerald Borio Enzo will to back the amounts paid (including expenditure before shipping in case of withdrawal from the order total) within a maximum of 30 days from the date on which it reached aware of the right of withdrawal by the customer, but not before receiving ship to return and checked the condition of the goods subject to withdrawal. The costs and risks of product returns will be borne by the buyer. Please note that the legislation provides that the right of withdrawal is exercised only by individuals (consumers) acting for purposes that are unrelated to his business. The right of withdrawal, then, can NOT be exercised by legal persons and natural persons acting for purposes related to a business. Excluded from the right of withdrawal also purchases made by retailers or by those who in any way purchase for resale to third parties. The right of withdrawal does not apply to the supply of goods made to specifications or clearly personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly. It also states that, in cases of options trading (the so-called promotions), in which the purchase of an asset is combined with another product which is sold at a nominal price or even a present, the right of withdrawal will be legitimately exercised the return of both goods to be purchased, given the constraint dell'accessorietà good sales over the first.
ARTICLE 8 - GUARANTEE THE GARDEN OF EMERALD BORIO EMANUELE
a) Product damaged - "Service Replacement": All shipments L'Orto emerald Borio Emanuele are "Guaranteed and Secure" against any breakages, tampering or accidents. In the event that one or more products were not in perfect condition because damaged during transport, L'Orto emerald Borio Enzo will replace these products with a new supply or, if that is not possible, to repay the amount, no later than 30 days from the date of delivery and following a report, to be done within 3 working days, from the customer to our customer service; this understanding that the customer on receipt / withdrawal, OBLIGED to verify the integrity and quantity of goods received in the presence dell'incaricato delivery, challenging and reporting immediately any tampering, deformation, damage or alteration found appending upon receipt of delivery; In the case of packaging intact to sign the delivery note (Transportation Document or Waybill) enclosing ALWAYS marked "ACCEPTED SUBJECT TO INSPECTION" in the space provided for notes, so you can make the findings later. L'Orto emerald Borio Emanuele reserves the right to require that products are found damaged back, with evidence of the damage and cost, to The Garden emerald Borio Emanuele within 15 days of delivery, and in any case after agreements with the customer in the manner of the withdrawal by courier charge. Only by following the procedures outlined above, the cost of replacement and return will be borne Orto emerald Borio Enzo, who reserves if necessary to comply exclusively following the re-entry of the products and to control them.
b) Product inaccurate: The Garden emerald Borio Emanuele guarantees that the products bought and sold on www.ortosmeraldo.it correspond to what was described on the site. In the event that one or more products were not meeting the requirements, L'Orto emerald Borio Enzo agrees to replace them with a new supply or, if that is not possible, to repay the amount, no later than the end of 30 days from the date of delivery and following a report, to be done within 3 working days, from the customer to our customer service. The products should be returned to inaccurate L'Orto emerald Borio Enzo at the expense of the same within 15 days of delivery, and in any case after agreements with the customer in the manner of the withdrawal by courier charge. These students must be returned intact, in undisturbed conditions and complete the original packaging and placed in their original packaging, or in any case in packaging suitable to allow a safe shipment. L'Orto emerald Borio Enzo reserves the right to substitute, at its expense, the products inaccurate or refund the amount exclusively following the re-entry and to control them.
c) Reporting / Replacing defective wine: In the case of items that are deemed defective, the customer must, within 20 days from the date of receipt of the order, communicate via e-mail L'Orto emerald Borio Emanuele at firstname.lastname@example.org or by phone at +39 0173 211538, so you can immediately identify any problem and find a solution together.
ARTICLE 9 - REGULATIONS DISCOUNT COUPONS
Discount codes are alphanumeric codes that www.ortosmeraldo.it listed on the site at the time of payment of an order, give access to the discount associated with the code itself, with the limitations described for each discount code. The coupons will be distributed by The Garden emerald Borio Enzo to customers, actual or potential, with promotional or commercial, in electronic form or on paper.
Discount codes can be conveyed in different ways including:
• by e-mail as part of direct marketing campaigns
• by paper (Discount Coupon)
• through different ways including by partner companies of The Garden emerald Borio Enzo
With the same procedures used to press the alphanumeric code will always be labeled with the amount and the date of the voucher. Discount codes must be used within the deadline. After that time the discount code will no longer be used and the owner will require replacement with another code having validity. Discount codes can not be combined with each other in front of a single purchase. Discount codes may also be used for the purchase of products already in promotion. You can also use discount codes for payments of amounts spent less than their value; in this case the remaining amount of discount can not be credited again and is considered lost. Each discount code can be used for a single purchase. In no event discount codes entitle to rest in the case of purchases below. To qualify for the discounts through coupons www.ortosmeraldo.it on the site, you need to enter your discount code in the field provided, before the closing of the carriage. Any products for which you can not use the discount codes will be duly reported on the website www.ortosmeraldo.it. Discount codes used will not be returned in case of cancellation of an order.
ARTICLE 10 - RESPONSIBILITY YOU
a) The Garden emerald Borio Emanuele does not assume responsibility for any damage resulting from use or incorrect use of the service provided by www.ortosmeraldo.it. In no Orto emerald Borio Emanuele, its representatives and its employees, shall be liable to the User or anyone else.
b) The Garden emerald Borio Emanuele does not assume responsibility for errors and omissions in www.ortosmeraldo.it or any website which may reference or link.
c) The Garden emerald Borio Emanuele does not guarantee that the service will meet your needs.
d) The Garden emerald Borio Emanuele reserves the right to a continuous updating of the website www.ortosmeraldo.it that can be made at any time. The Information may contain inaccuracies of any kind or typos.
e) The Garden emerald Borio Emanuele does not guarantee that the services provided by www.ortosmeraldo.it will be provided without interruption, this will be set out in advance except for reasons beyond the control of The Garden emerald Borio Enzo.
f) The Garden emerald Borio Emanuele is the only responsible to evaluate the accuracy, completeness and usefulness of what is provided by the site www.ortosmeraldo.it.
g) The Garden emerald Borio Emanuele disclaims any liability to you or any third party for any indirect, incidental, consequential, punitive or exemplary (including but not limited to them, loss of profits, revenues, business opportunities) emerged or in connection with a product or service provided L'Orto emerald Borio Emanuele, or the use or inability to use the same.
h) The Garden emerald Borio Emanuele assumes no liability for disruptions caused by force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to execute the contract on time. L'Orto emerald Borio Emanuele will not be liable to any party for any damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer is only entitled to a refund of the price paid.
i) Without prejudice to the case of fraud or gross negligence of the Garden emerald Borio Emanuele, is now agreed that, if found responsible of the same in any capacity against the customer, including the case of default, total or in part, the obligations dall'Orto emerald Borio Emanuele to the Customer as a result of the execution of an order, the responsibility of the Garden emerald Borio Emanuele can not exceed the price of products purchased by the customer and for which the dispute arose.
ARTICLE 11 - USER RESPONSIBILITY
The User is obliged to ensure that their inputs are true, complete, updated and communicate any changes thereof. In the event that you make false statements is provided for the loss of the benefits obtained from the services provided. L'Orto emerald Borio Emanuele reserves the right to elide these subjects from their lists of users, after formal and not accepted invitation all'autocorrezione.
ART 12 - COPYRIGHT AND TRADE MARK
The Emerald Garden & www.ortosmeraldo.it are registered trademarks of The Garden emerald Borio Emanuele in Italy and in the European Community. Given that in the pages of www.ortosmeraldo.it no means voluntarily reproduce any copyrighted material or in violation of the law; Having said also that for any original material and protected published www.ortosmeraldo.it is credited as the source, if you encounter a violation of copyright material, regardless of the beneficial holder thereof, must inform the Staff of L 'Orto emerald Borio Emanuele (via e-mail to email@example.com) to immediately investigate and solve, in circumstances as established, removing such content. It should be noted that each product or product name and description of these, each name and its description, company, institution, personal names, trademarks, logos mentioned on this site are trademarks or elaborated their respective owners and may be protected by patents and / or copyrights granted or registered by the authorities. It declares that all exceedingly www.ortosmeraldo.it site content, such as text, files, tables, information contained within the pages of the site, graphics, HTML, logos, button icons, images, graphics, audio-tracks video compilation (meaning the collection, arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases, etc., used in the site are to be considered exclusive property of the Garden emerald Borio Enzo or its content providers and products and are protected by national laws (Law 663/1941, as amended) US and international copyright, patents and those related to intellectual and / or industrial; You may not modify, copy, distribute, transmit, reproduce, publish, license, create derivative works, transfer or sell any information, software, products or services obtained from this website even in the absence of profit-making. Will be particularly monitored misuse of images, photos, banners, originally developed by L'Orto emerald Borio Emanuele in your "photo lab" and "Studio Image". Any authorization must be requested in writing via e-mail and considered accepted only with a specific consent of the directors of L'Orto emerald Borio Emanuele, always writing. The silence does not give rise to any authorization. Any use other than that provided by the present "General Conditions of Sale and Contract L'Orto emerald Borio Emanuele on www.ortosmeraldo.it" including reduction, modification, distribution, transmission, reproduction, viewing or performance of the content on this site is prohibited and any unauthorized use of the resources on ortosmeraldo.it constitute a breach of copyright, unless more serious offense, and exposes the manager to the relevant legal consequences provided for in art. 171, 171-bis, 171-ter, 174-bis and 174-ter of Law 633/1941 and subsequent amendments.
ARTICLE 13 - JURISDICTION
This agreement is governed by the rules of the legal system of the Italian Republic. Any dispute concerning this contract is mandatorily by the court of Alba.
PAYMENTS AND SHIPPING
The shop The Garden emerald accept payment by Paypal and Bank Transfer. The customer can choose from these payment methods at the end of the order process. All payments will be made in favor of L'Orto emerald Borio Emanuele in charge of sales operations of the store L'Orto emerald.
In no event shall L'Orto emerald Borio Emanuele will accept cash payments, either directly or sent via mail.
Note: This online shop operates from the European Union and all transactions are made in Euro (unless otherwise specified). If you are paying using another currency, the currency conversion will be based on the exchange rate on the day of purchase. There is no extra cost for currency conversion.
Once confirmed the order, the customer will be redirected to PayPal's site where you can make your payment with your account or by using a card, also prepaid, or at least in the manner accepted by PayPal and subject to the conditions thereof.
Orders paid by credit card are the fastest to be processed because communication to the Emerald Garden of payment is instantaneous.
Bank at BRANCH - BANK FIDEURAM 001
Reason: The purchase Emerald Garden + name + customer order number at the end of the payment process and the mail received by the client in completing the order. The order will be processed only to only display of the transaction.
Payment must be made within 7 days from the date of order. Beyond this deadline the order will be automatically canceled.
In order to ensure excellent service all our shipments are entrusted to the best couriers.
Deliveries will be made within a time of 5-8 working days from the date of shipment.
Just started shipping, we will send you an e-mail confirming departure order.
All our products travel properly packaged.
We recommend that you always check the number and condition of the packages; in case of damage, please refer to what indicated in paragraph 6 of the General Conditions of Sale.
It is always possible to indicate on the order form a shipping address different from the billing address.
For example, in the case of gifts to other people, you must also give the address and phone number of the recipient. In this case the bill will obviously be delivered to the person who made the order and payment.