Terms and conditions
(in accordance with Chapter I, title 3, part 3, of the legislative decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of terms and conditions
These general conditions of sale (hereafter “General Conditions”) concern the legislation regulating the purchase of products and services, performed at a distance and made available through the internet from the site www.ladispensadeigolosi.it (hereafter the “Website”) in full compliance with the provisions of Italian law laid down in the legislative decree 206/2005 and subsequent amendments and additions (hereafter “Consumer Code”). The seller of the products and owner of the Website is: Ladispensadeigolosi s.r.l.s. with registered office in Via Stefano Cattafi, n. 7 – 98046 S. Lucia del Mela (ME), P.I. and registration with the Companies’ Register of Messina number 03299370837, REA: ME – 227611 – E-mail address: firstname.lastname@example.org
The consumer who accesses the Website to make purchases (hereafter “Customer”) is required, prior to sending an order, to read carefully these General Conditions available on the Website. When the person who makes purchases on the Website requires the issue of the invoice and/or is not a “consumer or user” as defined in the art. 3, paragraph 1, letter a, of the Consumer Code, the regulation on withdrawal referred to in the art. 7 and 8 of these General Conditions and, more generally the provisions stated in the Consumer Code which solely apply to “consumers”, do not apply. The contracts with Ladispensadeigolosi made on the Website are regulated by these General Conditions in compliance with Italian law. Italian is the language used for executing the contracts. No contract has to be intended as concluded between Ladispensadeigolosi and a Customer in case Ladispensadeigolosi has reasonable doubts whether the Customer has a genuine interest in the purchase of the ordered products or exercises improperly the right to withdrawal, recognised in the art. 7 below. In such cases, the order placed by the Customer shall be deemed not to be effective. Ladispensadeigolosi will promptly send to the Customer an e-mail certifying the non-stipulation of the Contract and the annulment of any charge and/or expense to be paid by the Customer.
2. Choosing and ordering the Products
3. Information on the Products
Information and characteristics relating to the Products are available on the Website, with the relative order codes. The visual representation of the Products on the Website, when available, normally consists of a photographic image accompanying the description of the product. It is understood that the image of the same Products has the sole purpose of presenting them for sale and cannot be perfectly representative of the features and qualities and may differ in colour and/or size. Where there is a difference between the image and the description of the product, this latter will be decisive.
4. Prices and shipments
The prices of the products include all taxes and duties. All prices are in euro. Shipments in Italy: Free shipping in Italy for orders of more than 200 €. When purchasing the order, the shipping cost will automatically be determined and displayed in relation to the weight, type and destination.
Shipments abroad: When purchasing the order, the shipping cost will automatically be determined and displayed in relation to the weight, type and destination
5. Methods of payment and invoicing
5.1 Methods of payment
The Customer can pay for the Products and the relative delivery charges by PayPal, money transfer, debit cards or cash on delivery.
- Pay Pal: When the order is confirmed, the Customer will be directed to the PayPal website where the Customer can either login on the account or use a debit card, according to the methods of payment accepted by Paypal, in compliance with the provisions related to the conditions.
- Money Transfer: The Customer will make the transfer no later than 3 days after the date of shipment. If after 3 days the payment is not made, the order will be annulled and the goods will be made available for purchasing by other Customers. The Customer who has not made the money transfer might be contacted by the Customer Service to verify if the crediting failure is due to the wish of the Customer not to confirm the order, or to any other reason.
Bank information: c/c: Ladispensadeigolosi S.R.L.S. IBAN: IT24O0895482370008000012903 Credit Institution: Banca di Credito Cooperativo La Riscossa di Regalbuto
Reason of the payment: the date and order number indicated on the confirmation e-mail must be included in the reason of the payment (i.e. "Order 01/01/15 n. 00123456789").
- Cash on delivery: This method of payment is possible only for shipments to Italy and orders not exceeding 300,00 € (it is not allowed for fresh products) such as: Cannoli Siciliani, Cassata siciliana etc. The payment will be made upon the Product delivery and in cash only. For cash on delivery shipments a postage contribution of 8,00 € will be charged to Customers.
5.2 Invoicing orders
When the order is made by a trader, the issue of an invoice can be selected, during the purchasing procedure, and invoicing data such as fiscal code and/ or VAT will be included. The invoice will be e-mailed to the indicated address. The trader is responsible for entering the correct invoicing data. Should the invoice not be requested during the purchasing procedure, it will not be possible to request it later.
6. Transport and delivery
The products purchased on the Website are delivered to the address indicated by the Customer during the purchasing procedure in the appropriate field “Shipping details”. All the purchases will be delivered by express courier (hereafter “Courier”) from Monday to Friday, except on public holidays and during holiday period. Ladispensadeigolosi is not liable for unpredictable delays for which it cannot be held responsible. Fresh products will only be shipped on Monday, Tuesday and Wednesday so as to guarantee delivery within provided time with no inconvenience for the customer. When the Products are shipped, the Customer will receive a confirmation e-mail, including a link for the shipping tracking code. Without prejudice to cases of force majeure and exceptional circumstances, the ordered Products will be delivered within 7 (seven) working days with effect from the day following the date on which Ladispensadeigolosi has confirmed the order to the customer by order confirmation e-mail.
7. The right of withdrawal
The Customer has the right of withdrawal from the purchasing contract for any reason, without explanation and without penalty, notwithstanding the cases of exclusion indicated in point IV below. To exercise this right, the Customer will inform Ladispensadeigolosi, within 14 days from the date of receipt of the Products, by sending an e-mail to email@example.com; when the consumer intends to exercise the right of withdrawal before receiving the Products, the withdrawal mail can be sent any moment before the products are received. A specific notice must be sent by recorded delivery letter to the attention of: Ufficio Resi e Rimborsi Ladispensadeigolosi s.r.l.s. Via S. Cattafi n. 7 - 98046 Santa Lucia del Mela (Me) - tel. 3932389035.
Once the notice is received, Ladispensadeigolosi Customer Service will initiate a proceeding for the handling of the returned goods and inform the Customer on the terms and conditions for returning the purchased products by a courier indicated by Ladispensadeigolosi. The right of withdrawal is governed by the following conditions:- The right applies to the Product acquired in its entirety; in case the Product has more components or parts, the right of withdraw can only be applied to the whole purchased Product. When the right of withdrawal is exercised, Ladispensadeigolosi will refund the customer with the total amount of the goods returned, retaining only the shipping costs if the return of the goods is provided for, within 30 days from the receipt of the withdrawal notice, without prejudice to the right of Ladispensadeigolosi to suspend the payment of the refund until the goods have been received back. The reimbursement will be made using the same payment method used by the customer, unless the customer requires a different method. In case of money transfer or cash on delivery payment, the Customer will indicate the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).- The Products must be returned in the same packaging they have been received.- In addition to the cases indicated in the Introduction (a client who is not a consumer and/or requires an invoice), the right of withdrawal is excluded in the cases below, in accordance with the article 59 of the legislative decree 21/2014:- order of customised or clearly personalised Products which are liable to deteriorate or expire rapidly;- order of sealed Products which are not suitable for return due to health protection or hygiene reason or which were unsealed after delivery. With reference to the above cited cases of withdrawal, the Customer, is informed and accepts that the category Products “liable to deteriorate or expire rapidly” includes all Foodstuffs (wine, spirits and alcoholic drinks) and cosmetic products as the characteristics and the qualities of these types of Products can be adversely affected by inappropriate storage. Therefore, for hygienic reasons and for the protection of Customers, the right of withdrawal is applicable only to the Products purchased on the Website that can returned to Ladispensadeigolosi and remarketed without endangering the consumers’ health (such as books, gadgets, kitchen utensils, etc.). In the cases of exclusion of the right of withdrawal, Ladispensadeigolosi will return the purchased Products to the customer, charging the shipping expenses to the same.
8. Warranty and Defects of conformity
In case of conformity defects in the Products sold by Ladispensadeigolosi, the Customer will immediately contact the Customer Service calling 3932389035 or (from abroad +39.3932389035) or sending an e-mail to firstname.lastname@example.org.
The safeguards provided for in the articles 129, 130 and 132 of the Consumer Code apply to the sale of the products. The Customer is entitled to choose at his/her own discretion and where the nature of the Product allows it, either the restoration of the Product conformity by repair or replacement, at no cost, or an appropriate reduction of the price or to the termination of the contract. These rights are revoked if Ladispensadeigolosi is not informed of the lack of conformity within a period of two months from the date of detection, provided it is not a Product liable to deteriorate or expire in a shorter time, in which case the defect must be reported within that deadline.
9. Errors and liability limitations
The Product information supplied on the Website are constantly updated. However, the complete absence of errors cannot be guaranteed and Ladispensadeigolosi cannot be held responsible for them except for the cases of errors made intentionally or by serious negligence. Ladispensadeigolosi reserves the right to correct errors, misstatements or omissions even after an order has been placed, or to correct or amend the information at any time, without prior communication and without prejudice for the Customer under these General Conditions and the Consumer Code. Except in the case of fault or gross negligence, the Customer is not entitled to claim damages nor to the payment of an indemnity, for the contractual and non-contractual liability for direct or indirect damage to people/things caused by the non-acceptance, even partial, of an order. Ladispensadeigolosi promotes the moderate and responsible consumption of spirits and has no liability of any kind except in the case of fault or gross negligence, if the purchase is made by people under the age of 16.
Any complaint must be forwarded to Ladispensadeigolosi, calling the Number 3932389035 (from abroad +39.3932389035) or sending an e-mail email@example.com. open from Monday to Friday, from 10.00 a.m. to 1.00 p.m and from 3:30 p.m. to 5:30 p.m. excluding public holidays and/or by registered mail with return receipt to the following address: to the attention of Ufficio Reclami Ladispensadeigolosi s.r.l.s. c/oMail Boxes Ect 603- Via G. Longo, 12/a - 90036 Misilmeri (PA) - tel.-fax. 091 8731513.
Ladispensadeigolosi undertakes to reply to all requests within 7 working days.
11. Applicable law and Jurisdiction
The sales contract between the Customer and Ladispensadeigolosi is concluded in Italy and regulated by Italian law. For settling any disputes relating to the interpretation, fulfillment or break of these General Conditions or single purchasing orders, if the Customer is a consumer under the Consumer Code, the exclusive legal competence is given to the reference Court of the town of the Client’s residence or domicile provided it is located in the Italian territory; in all other cases, the exclusive legal competence is the Court of Barcellona Pozzo di Gotto (ME), and any other place of jurisdiction is excluded.
In accordance with the article 1341 of the civil code, the Customer declares having read and especially acknowledges the articles of these General Conditions specified below: 6 (responsibility for delays in the delivery), 9 (possibility to correct mistakes – exclusion of liability).
Website operated by:Ladispensadeigolosi S.r.l.s.
Via Stefano Cattafi, 7 98046
Santa Lucia del Mela (ME)
Fiscal code/VAT number: 03299370837
REA number: ME – 227611
Share Capital: 9.000 € fully paid-up