Terms and conditions of sale
The buyer expressly declares to make the purchase for other purposes than the commercial or professional activity exercised.
The goods covered by these general conditions are placed on sale by Vincente Delicacies, a trademark owned by Antichi Sapori dell’Etna. Based in Bronte (CT), Viale J. Kennedy, zona Artigianale Lotto 12/13-95034, registered in the Chamber of Commerce of Catania at REA CT-279751 of the Register of companies, VAT No. 02528490838, hereinafter referred to as “supplier”.
1.1. The term “on-line sales contract” means the contract of sale related to the supplier’s tangible movable property, concluded between him and the purchaser in the context of a distance selling system via telematic instruments, organised by the supplier.
1.2. The term “buyer” means the consumer who makes the purchase, as provided for in this contract, for purposes not related to the commercial or professional activity which may have been carried out.
Subject of the contract
How to conclude the contract
3.1. The contract between the supplier and the buyer ends exclusively through Internet, through the purchaser’s access to the https://vincentedelicacies.com address, where, following the procedures indicated, the purchaser will come to formalize the proposal for the purchase of the goods according to the contract for the purchase of the goods referred to in paragraph 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract concludes through the exact completion of the request form and the consent to the purchase expressed by the accession sent on line or by filling in the form/form attached to the online electronic catalogue and the subsequent submission of the form/form itself, always after viewing an order Summary Web page, printable, which lists the details of the ordering and ordering , the price of the goods purchased, the shipping costs and any additional ancillary charges, the modalities and the terms of payment, the address where the goods will be delivered, the time of delivery and the existence of the right of withdrawal.
4.2. When the supplier receives the order from the purchaser, he or she sends a confirmation email or a printable order confirmation and Summary Web page, in which the data referred to in the previous paragraph is also displayed.
Method of payment and reimbursement
5.1. Any payment by the purchaser may be made only by means of one of the methods indicated in the appropriate Web page by the supplier.
5.2. Any reimbursement to the buyer will be credited by one of the methods proposed by the supplier and chosen by the buyer, in a timely manner and, in the case of the exercise of the right of withdrawal, as regulated by art. 13, point 2 and SS. Of this agreement, at the latest within 30 days from the date on which the supplier has become aware of the withdrawal.
5.3. All payment communications shall be made on a specific line of the supplier protected by the encryption system. The supplier guarantees the storage of this information with an additional level of security encryption and in accordance with the provisions of the current regulations regarding the protection of personal data.
Delivery time and Mode
6.1. The supplier will deliver the selected and ordered products, with the modalities chosen by the buyer or indicated on the website at the time of the supply of the goods, as confirmed in the e-mail referred to in point
6.2. Shipment times may vary from 24 hours to a maximum of 3 working days from confirmation. In the event that the supplier is not able to carry out the shipment within that period, but, however, within the following point, it will be given prompt notice by e-mail to the buyer.
7.2. The sales prices referred to in the previous paragraph shall include VAT and any other tax. The shipping costs and any incidental charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the purchaser and also contained in the Order Summary Web page.
7.3. The prices indicated in correspondence with each of the goods offered to the public are valid until the date indicated in the catalogue.
8.1. The supplier shall ensure through the telematic system used the processing and evasion of orders without delay. For this purpose, it indicates in real time, in its electronic catalogue, the number of available products and those not available, as well as the shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the supplier will, by e-mail, make known to the buyer if the goods are no longer bookable or what are the waiting times to obtain the chosen asset, asking whether or not to confirm the order.
8.3. The information system of the Supplier shall confirm in the shortest possible time the registration of the order by submitting to the user a confirmation by e-mail, in accordance with point 4.2.
Limitations of liability
9.1. The supplier assumes no liability for any disservice due to force majeure if it fails to execute the order in the time prescribed by the contract.
9.2. The supplier shall not be liable to the purchaser, except in the case of wilful intent or gross negligence, for disservices or malfunctions connected with the use of the Internet outside the control of its own or its subcontractors.
9.3. The supplier will not be liable for damages, losses and costs incurred by the purchaser as a result of the non-execution of the contract for causes not attributable to him, having the buyer entitled only to the full refund of the price paid and any ancillary charges incurred.
9.4. The supplier assumes no responsibility for any fraudulent and illicit use which may be made by third parties, of credit cards, cheques and other means of payment, for the payment of the products purchased, if it proves to have adopted all the precautions possible according to the best science and experience of the moment and according to the ordinary diligence.
9.5. In no event shall the purchaser be liable for delays or inconveniences in the payment if it proves to have made the payment in the time and manner indicated by the supplier.
Liability by defect, proof of damage and damages: the obligations of the supplier
10.1. Pursuant to art. 114 and SS. Of the consumer code, the supplier is responsible for the damage caused by defects in the goods sold if fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the producer or the person who provided him with the goods.
10.2. The above request, by the injured party, must be made in writing and must indicate the product which caused the damage, the place and the date of the purchase; It must also contain the offer in view of the product, if it still exists.
10.3. The supplier may not be held responsible for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer has put into circulation the product, still did not allow the defective product to be considered.
10.4. No compensation will be due if the injured party has been aware of the defect in the product and the resulting danger and, nevertheless, has been voluntarily exposed.
10.5. In any case the damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or destruction or deterioration of something other than the defective product, provided that it is normally intended for use or private consumption and is thus primarily used by the injured party.
Guarantees and service modalities
11.1. The supplier shall be liable for any defect in conformity which is manifested within 2 years from the delivery of the goods.
11.2. For the purposes of this agreement, consumer goods shall be presumed to comply with the contract if, where relevant, the following circumstances exist: (a) They are suitable for the use to which they normally serve goods of the same type; (b) conform to the description made by the seller and possess the qualities of the goods which the seller submitted to the consumer as a sample or model; (c) present the usual quality and performance of an asset of the same type, whereas the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public declarations on the specific characteristics of the assets made in this regard by the seller, the producer or his agent or representative, in particular in advertising or on the labelling; (d) They are also suitable for the particular use intended by the consumer and that they have been brought to the seller’s knowledge at the time of the conclusion of the contract and that the seller has also accepted for concluding facts.
11.3. The buyer shall lapse from any right if the seller does not denounce the defect of conformity within the period of 2 months from the date on which the defect has been discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any event, unless otherwise stated, it is assumed that the defects of conformity which occur within 6 months of the delivery of the goods already existed on that date, unless such a case is incompatible with the nature of the goods or the nature of the defect of conformity.
11.5. In the event of a lack of conformity, the buyer may request, alternatively and without charge, under the following conditions, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this Agreement, unless the request is objectively impossible to satisfy or proves to the supplier excessively onerous pursuant to art. 130, paragraph 4, of the consumer code.
11.6. The request must be made in writing, by registered A.R., to the supplier, who will indicate his willingness to give course to the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, where the supplier has accepted the buyer’s request, he/she shall indicate the method of dispatch or return of the goods and the time limit for the return or replacement of the defective goods.
11.7. Where repair and replacement are impossible or excessively onerous, or the supplier has not provided for the repair or replacement of the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair previously carried out have caused considerable drawbacks to the purchaser, they may request, at his choice, a fair reduction in the price or the resolution of
Contract. In this case, the purchaser must send his request to the supplier, who will indicate his willingness to do so, or the reasons that prevent him from doing so, within 7 working days of receipt.
Obligations of the buyer
12.1. The buyer agrees to pay the price of the goods purchased in the time and manner indicated by the contract.
12.2. The purchaser shall undertake, after completing the online purchase procedure, to provide for the printing and preservation of this agreement.
12.3. The information contained in this Agreement has, moreover, been already inspected and accepted by the buyer, which gives notice, as this step is made compulsory before the purchase confirmation.
Right of withdrawal
13.1. The purchaser has in any case the right to terminate the contract stipulated, without penalty and without specifying the reason, within the period of 14 (fourteen) working days, deduction from the day of receipt of the goods purchased.
13.2. In the event that the trader has not fulfilled the obligations to provide information on the existence, modalities and time of return or withdrawal of the asset in the event of the exercise of the right of withdrawal pursuant to art. 52 of the consumer code, the time limit for the exercise of the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts on the day of receipt of the goods by the consumer.
13.3. If the purchaser decides to avail himself of the right of withdrawal, he must notify the seller by means of a registered A.R. at the address
Vincente Delicacies-Antichi Sapori dell’Etna., viale J. Kennedy, zona Artigianale Lotto 12/13-95034 Bronte (CT)
or by fax to the number 095 691 301 or by e-mail to the e-mail [email protected], provided that such communications are confirmed by the sending of recommended A.R. to the address Antichi Sapori dell’Etna, Viale J. Kennedy, zona Artigianale Lotto 12/13-95034 Bronte (CT) by 48 (forty-eight) hours later. The stamp affixed by the Post Office on the receipt issued will be authentic among the parties. For the purpose of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the goods purchased, provided that they are in the same terms. The date of delivery to the post office or to the forwarder will be authentic between the parties.
13.4. The return of the goods shall still take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to the full refund of the price paid, the asset must be returned intact and, however, in normal state of preservation.
13.5. The purchaser may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or of sealed computer software, which have been opened by the same, as well as custom-made or clearly customized goods or which, by their nature, they cannot be returned or are likely to deteriorate or change rapidly, supplying newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the trader is not able To control and in any other case provided for by art. 55 of the consumer code.
13.6. The sole costs payable by the consumer for the exercise of the right of withdrawal pursuant to this article shall be the direct costs of returning the goods to the supplier, unless the supplier accepts to bear them.
13.7. The supplier shall reimburse the full amount paid by the buyer within 30 (thirty) days after receipt of the notice of withdrawal.
Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the purchaser, and the guarantee of the good end of the payment which the purchaser carries out by the means referred to in point 5.1, furthermore, the exact fulfilment of the obligations assumed by the supplier in point 6 is essential, so that, by express agreement, the failure to fulfil one of those bonds, where not determined by fortuitous circumstances or force majeure , will entail the termination of contract law pursuant to art. 1456 C.C., without the need for judicial ruling.
Protection of the confidentiality and processing of the data of the buyer
15.2. Personal data and taxes acquired directly and/or through third parties by the supplier ancient flavors of Etna., owner of the treatment, are collected and processed in the form of paper, computer, telematic, in relation to the methods of treatment with the purpose of recording the order and to activate the procedures for the execution of this contract and the relevant necessary communications, in addition to the fulfilment of any legal obligations , and to enable effective management of business relationships to the extent necessary to fulfil the best service required (art. 24, paragraph 1, letter B, D. LGs. 196/2003).
15.3. The supplier undertakes to treat confidentially the data and information transmitted by the purchaser and not to reveal it to unauthorized persons or to use them for purposes other than those for which it was collected or to transmit it to third parties. Such data may only be exhibited at the request of the judicial authority or other authorized law enforcement authorities.
15.4. The personal data will be communicated, subject to a commitment of confidentiality of the data, only to persons delegated to the fulfilment of the activities necessary for the execution of the contract stipulated and communicated exclusively in the context of this purpose.
15.5. The buyer enjoys the rights under art. 7 of the D. LGs. 196/2003, namely the right to obtain:
A) The updating, rectification or, when interested, integration of the data;
b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including those which do not need to be kept in relation to the purposes for which the data were collected or subsequently processed;
(c) The attestation that the operations referred to in points (a) and (b) have been notified, also with regard to their content, those to whom the data have been communicated or disseminated, unless this requirement proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to oppose, in whole or in part: I) for legitimate reasons the processing of personal data concerning him, even if pertinent to the purpose of the collection; (ii) The processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The disclosure of your personal data by the purchaser is the necessary condition for the correct and timely execution of this agreement. In default, the buyer’s application will not be given a course.
15.7. In any event, the data acquired will be retained for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. However, their removal will be safe.
15.8. The holder of the collection and processing of personal data is the supplier, to whom the purchaser can direct any request to the company headquarters.
How the contract is stored
16.1. Pursuant to art. 12 of the D. LGs. 70/2003, the supplier informs the buyer that each order sent is stored in a digital/paper form on the server/at the supplier’s premises according to confidentiality and security criteria.
Communications and complaints
17.1. Written communications directed to the supplier and any claims will be deemed valid only if sent to the following address:
Antichi Sapori dell’Etna., viale J. Kennedy, zona Artigianale Lotto 12/13-95034 Bronte (CT)
or transmitted by fax to the number 095 691 301 or sent by e-mail to the following address [email protected] The buyer shall indicate in the registration form their residence or domicile, the telephone number or e-mail address to which the supplier’s communications are sent.
18.1. All disputes arising from this Agreement shall be referred to the Chamber of Commerce of Catania and resolved in accordance with the conciliation rules adopted by the Council.
Applicable law and referral
19.1. This agreement is governed by Italian law.
19.2. As far as not expressly provided herein, the rules of law applicable to the reports and cases provided for in this Agreement are valid, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 D. LGs. 206/2005, the discipline contained in part III, Title III, chapter I of the Legislative Decree is hereby expressly invoked. 206/2005.
This agreement repeals and supersedes any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject-matter of this agreement.