Art. 1
Object of the contract
These general conditions regulate the relationship between ACQUA DEL LARIO SRL with registered office in Via Bartolomeo de Benzi 17 – 22020 TORNO (CO), registered with the Chamber of Commerce of COMO under no. CO-329499 of the Business Register, VAT number 03719370136, (“Supplier”) and the person (“Customer”) who purchases a product on the website https://www.acquadellario.it (“the Site”).
The Customer can purchase a product on the Site only if it qualifies as a consumer according to art. 3 of the Consumer Code (Legislative Decree 206/2005): art. 3 establishes that the consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Art. 2
Conclusion and effectiveness of the contract
2.1. Anyone wishing to purchase a product on the Site (the “Customer”) must fill in the request form on the Site. After submitting the form, the Customer will see a web page summarizing the order, printable, which shows the data relating to who placed the order, the products ordered, the price of the goods ordered, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times delivery and the existence of the right of withdrawal.
2.2. The Supplier, after receiving the order from the Customer, will send the Customer a confirmation e-mail, which contains the data indicated in the previous point.
2.3. The contract is considered finalized between the parties when the customer receives this order confirmation email. The Customer undertakes to verify the correctness of the personal data contained in the order confirmation e-mail and to immediately notify the Supplier of any corrections.
Art. 3
Methods of payment and refund
3.1. Each payment by the Customer can only be made with one of the methods indicated in the appropriate web page by the Supplier.
3.2. Any reimbursement to the Customer will be credited through one of the methods proposed by the Supplier and chosen by the Customer, in a timely manner and, in case of exercise of the right of withdrawal no later than 14 days from the date on which the Supplier became aware of the withdrawal itself. .
3.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data. If the customer opts for payment with “PayPal” or Credit Card, the payment will be managed through the service provider:
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal;
L-2449 Luxembourg;
to the PayPal terms of use available at https://www.paypal.com/.
To make a payment through PayPal, the customer must open a PayPal account or already have one. In case of payment by credit card through the PayPal gateway, it is not necessary for the customer to open a PayPal account.
Art. 4
Delivery times and methods
4.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website.
4.2. Shipping times may vary from the day of the order to a maximum of 15 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.
4.3. Shipping methods and times are clearly indicated and well highlighted on the web page at https://www.acquadellario.it/acquisti-e-spedizioni/.
Art. 5
Prices
All sales prices of the products displayed and indicated on the Site are expressed in euros and include VAT.
It may happen, despite the Supplier making every effort to avoid it, that a price other than the actual one is indicated by mistake for a product on the Site.
When the Supplier checks the order received, he also checks the correctness of the prices of the products.
If the price indicated on the site is lower than the correct selling price of a product, the Supplier will contact the Customer to check whether he intends to purchase the product at the correct price anyway. If the Customer does not intend to purchase it at the correct price, the Supplier will not be able to accept his order.
If the correct price of a product is lower than that indicated on the Site, the Supplier will only charge the Customer the correct lower price and will ship the product anyway.
Art. 6
Product availability
6.1. The Supplier tries to promptly process and fulfill orders. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Customer if the good can no longer be ordered or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order. or less.
Art. 7
Limitation of Liability
7.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure in the event that it fails to execute the order on schedule.
7.2. The Supplier cannot be held liable to the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
7.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to him, since the Customer is only entitled to a full refund of the price paid and any ancillary charges incurred.
7.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if he proves that he has adopted all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
7.5. In no case can the Customer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
7.6. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made in the withdrawal mode performed by third parties on behalf of the Customer.
Art. 8
Guarantee
The products sold by the Supplier are covered by the legal guarantee of conformity, governed by art. 128 and ss. of the Consumer Code.
If the Customer receives products that do not comply with the sales contract, he has the right to request, at no cost, the replacement of the product within the limits and under the conditions provided for by law.
The Customer can exercise this right if the lack of conformity occurs within 2 years of delivery of the goods and if he reports the defect to the Supplier within 2 months from the day he discovered it.
Art. 9
Right of withdrawal
9.1. In any case, the Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days, starting from the day of receipt of the purchased good.
9.2. If the Customer decides to exercise the right of withdrawal, he must notify the Supplier by registered letter with return receipt. c / o ACQUA DEL LARIO SRL, Via Bartolomeo de Benzi 17 – 22020 TORNO (CO) or by e-mail to info@acquadellario.it. The Customer must send the communication relating to the exercise of the right of withdrawal before the expiry of the term of 14 working days: the stamp affixed by the post office on the receipt issued will be valid between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or forwarder will be valid between the Parties.
9.3. The return of the goods must in any case take place at the latest within 14 days from the date on which he communicated to the Supplier his will to withdraw. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
9.4. Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and which have been opened after delivery.
9.5. The costs for returning the product are charged to the customer.
9.6. The Supplier will refund the full amount paid by the Customer free of charge within 30 days of receipt of the notice of withdrawal.
Art. 10
Method of archiving the contract
10.1 Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Customer that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier according to criteria of confidentiality and security.
Art. 11
Communications and complaints
11.1 The Customer must send communications and / or complaints to the Supplier at the following address: ACQUA DEL LARIO SRL, Via Bartolomeo de Benzi 17 – 22020 TORNO (CO) or by e-mail to the e-mail address info@acquadellario.it.
11.2 The Customer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
Art. 12
Settlement of disputes
12.1 The Customer may try to resolve any dispute relating to the purchase made on the Site, through the ODR (Online Dispute Resolution) platform, created and managed by the European Union. The Customer can access the ODR platform from this link: https://ec.europa.eu/consumers/odr
12.2 In the event that the Parties intend to refer to the ordinary judicial authority, the competent court is that of the place of residence or domicile of the Customer.
Art. 13
Applicable law
13.1 These general conditions of sale are governed by Italian law.