This document contains the conditions governing the use of this website and the purchase of items contained therein. The Customer is obliged, before placing his purchase order, to read these general conditions of sale carefully. The forwarding of the purchase order implies full knowledge and express acceptance of both these general conditions of sale and of what is indicated in the Order Form. For any request, doubt or question relating to the Conditions and Data Protection Policies, you may contact us using the appropriate contact form.
1. OUR DATA
1.1 The goods covered by these general conditions are offered for sale by Le Grizze di Ceschin Andrea, with registered office in Conegliano (TV) on Via Cavalla e Bruscole, VAT no. 04355490261, hereinafter referred to as the “Supplier”. For any request for information, you can contact us: – via e-mail at the following address email@example.com: – via telephone at the following number 328 893 5631: – via mail at the following address Le Grizze di Ceschin Andrea, based in Conegliano (TV) on Road Cavalla e Bruscole;
1.2 These General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Supplier who are present on the Site through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Supplier, we suggest you check their terms and conditions of sale, as the Supplier is not responsible for the supply of services by third parties other than the Supplier. On the websites that can be consulted through these links, the Supplier does not carry out any control and/or monitoring. The Supplier is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by the same.
2. SCOPE OF APPLICATION
2.1 The offer and sale of the Products on the Site constitute a distance contract governed by Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce (ecommerce) and by articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and subsequent amendments.
2.2 The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They may be modified at any time. Any amendments and/or new conditions shall be in force from the time of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and/or updates.
2.3 The products sold on the Site can be purchased and delivered exclusively in the countries indicated on the Order Form. Any orders for shipments to be made outside of these countries will be automatically rejected during the order processing procedure.
2.4 The offers of products on the Site are aimed both at customers who are consumers and customers who are not consumers. According to art. 3, I paragraph, letter a) of the Consumer Code, the consumer is the natural person who acts for purposes unrelated to the entrepreneurial, commercial, professional or artisan activity eventually carried out. The inclusion of the VAT P. during the purchase procedure is considered an indication that the purchase was made for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.
2.5 The product on sale on the Site are only aimed at adult customers.
2.6 The products are sold to the Customer identified by the data entered when filling in and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.7 The information or personal data provided by the user will be processed in accordance with the Data Protection Policies. By using the Website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us is accurate and truthful.
3. PURCHASING TERMS AND CONDITIONS
3.1 The purchase of Products on the Site may be made with or without registration on the Site. Registration on the Site is free of charge.
3.2 The Customer may only purchase the products present in the Supplier’s electronic catalogue at the time of placing the order, as described in the relevant information sheets. In any case, it is understood that the image accompanying the description of a product has a merely illustrative function and may not be perfectly representative of its characteristics but may differ in colour, size or in relation to any accessory products in the figure due to the settings of the computer systems or computers used by users. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will be considered as valid.
3.3 To conclude the purchase contract for one or more Products, the customer must fill in the order form in electronic format and send it to the Supplier electronically following the relevant instructions.
3.4 The purchase contract is considered concluded when the Supplier receives the Order Form via the Internet, after verifying the correctness of the relevant data.
3.5 Orders sent will be binding for the Supplier only after the customer has received an “Order Registration Confirmation” e-mail from the Company containing: a summary of the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data, the special conditions applicable to the contract, information on the essential characteristics of the product purchased, the detailed indication of the price, the means of payment used, delivery costs and any additional costs.
3.6 The contract is not considered finalized and effective between the parties in the absence of what indicated in the previous point.
4. AVAILABILITY OF THE PRODUCTS
4.1 All orders for products are subject to availability. The Supplier also manufactures the products according to the instructions given by the Customer in the order form and/or by other written communication, subsequently accepted by the Supplier. The Site is constantly updated automatically in order to guarantee the maximum correspondence between the availability communicated by suppliers and those indicated on the Site.
4.2 Im Falle von Lieferproblemen oder wenn die auf der Website vorgestellten Produkte nach dem Versand der Bestellung nicht mehr verfügbar oder im Verkauf sind, wird der Lieferant den Kunden unverzüglich, auf jeden Fall aber innerhalb von 30 (dreißig) Arbeitstagen ab dem Tag nach dem Versand der Bestellung, per E-Mail benachrichtigen. In diesem Fall wird der zuvor auf den Zahlungsmitteln des Kunden gebundene Betrag ohne unnötige Verzögerung freigegeben. Die Rückerstattung wird per E-Mail mitgeteilt.
5. PRICES AND PAYMENT METHODS
5.1 All prices of the Products and shipping and delivery charges indicated on the Website and in the Order are expressed in Euro and are inclusive of VAT. Prices may change at any time; however, possible changes will not affect orders for which we have already sent an Order Confirmation.
5.2 The Customer may pay by Visa, Mastercard, American Express, PayPal and Apple Pay using the methods indicated in the purchase procedure. By clicking on “Authorize Payment” the Customer will confirm that the credit card is your property.
5.3 At no time during the purchase procedure is the Supplier in a position to know the information relating to the Customer’s credit card, transmitted via encrypted protocol protected connection directly to the site of the person who manages the electronic payment (bank or Paypal).
5.4 Under no circumstances can the Supplier therefore be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.
6. DELIVERY OF PRODUCTS AND RELATED COSTS
6.1The purchased products will be delivered to the address indicated by the Customer in the Order within the date indicated in the Shipment Confirmation and, in any case, within the minimum period of 2 days and maximum of 15 working days from the date of the Order Confirmation, except for any delays attributable to the carrier and the following regulations.
6.2 However, delays may occur for various reasons such as product customization, unforeseen circumstances or the delivery area. No responsibility can therefore be attributed to the Supplier in case of delay in the execution of the Order or in the delivery of the goods.
6.3 Delivery shall be deemed to have taken place or the order delivered through the acquisition by the Customer, or a third party indicated by him, of the material availability of the products, which shall be proved by signing the order receipt at the agreed shipping address.
6.4 At the moment – that the number of packages delivered corresponds to the number indicated in the transport document sent to him. – that the packaging is intact, undamaged and with the seals intact (Company logoed adhesive tape). – Any external damage or the mismatch in the number of packages or indications, must be immediately reported to the courier who makes the delivery, by placing the words “CONTROL RESERVE” written on the courier’s document and confirmed within eight (8) days by registered letter with acknowledgement of receipt to the courier, whose address is specified on the accompanying document.
6.5 Incorrect shipping address In the event that a customer has provided us with an incorrect shipping address, the order will be delayed and joint shipping costs and handling charges will be calculated for orders returned or re addressed even if the shipment is free of charge. It is not possible to request a refund.
6.6 Custom Product Returns A custom product is made to order and therefore we generally do not allow returns or exchanges. Only in exceptional circumstances can we consider a return, exchange or refund of a custom product, for example when the items have manufacturing defects.
6.7. Colour reproduction Every care has been taken to ensure that all colours represented on our website are described and displayed in the best possible way and reproduced as faithfully as possible. However, please note that the colours represented are not totally reliable because they vary from computer to computer and from minitor to monitor. Therefore, we cannot take any responsibility for variations in colour tones between the final product and the one represented on your computer screen. All items are made according to your specifications, and we will not accept returns or changes if you are not satisfied with the colors you have chosen. Complaints must be made within 7 working days of receipt of your order. The customer may be asked to send a photo for analysis by our Production Department, which is responsible for approving any returns or exchanges.
6.8 In case the Customer does not collect the goods ordered, the goods will be kept in storage at the express courier’s warehouses for a maximum of 5 (five) working days after the courier has left the notice of passage. Failure to collect the goods at the end of this period will result in the cancellation of the order by the Supplier and the reimbursement of the entire amount previously paid, less the costs of unsuccessful delivery of the Product, the costs of returning them to the Supplier and any other expenses incurred by the Supplier from the day after the courier left the notice of passage. The termination of the contract and the amount of the refund will be communicated to the Customer by e-mail.
6.9 Delivery costs are to be borne by the Customer, unless otherwise indicated in the Product Data Sheet. The amount (including VAT) of such expenses, which may vary in relation to the delivery method chosen by the Customer, as well as in relation to the destination, number and weight/volume of the Products that the Customer decides to purchase, is indicated in the Product Data Sheet and, in any case, before the Customer sends the purchase order.
7. RIGHT OF WITHDRAWAL
7.1 Pursuant to articles 52 et seq. of the Consumer Code, the Customer who is a consumer will have the right to withdraw from the purchase contract for the Product, without penalty and without specifying the reason, by notifying the Supplier within 14 (fourteen) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods.
7.2 In order to exercise the right of withdrawal, the Customer must inform the Supplier, before the expiry of the Withdrawal Period, of its intention to withdraw by using the appropriate form on the Site available in the Customer’s private area or by sending an e-mail to firstname.lastname@example.org or a registered letter addressed to: Le Grizze di Ceschin Andrea, with registered office in Conegliano (TV), Street Cavalla e Bruscole, 21
7.3 When filling in the Online Return Form, the Customer will receive all the information necessary to return the Products. In any case, the Standard Instructions on Withdrawal, containing information on the exercise of the right of withdrawal, are made available to the Customer on the Site before the conclusion of the contract, via the link “Right of Withdrawal” and attached to the Order Registration Confirmation email.
7.4 For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that the same terms are respected. The date of delivery to the post office or to the forwarding agent will be considered as the date of delivery between the parties. The return of the goods must in any case take place within 30 (thirty) days from the date of receipt of the goods.
7.5 The goods must be returned intact, complete with all its parts and in their original packaging (envelopes and packaging), without any signs of wear or dirt, in compliance with the following conditions: – the right of withdrawal may apply to the product purchased in its entirety; in fact, it is not possible to exercise withdrawal only on part of the product purchased (eg. the shipment, until the certificate of receipt in the warehouse indicated by the Company, is under the full responsibility of the customer; – in case of damage to the goods during transport, the Supplier will notify the Customer, to allow him to make a timely complaint against the carrier and obtain a refund; the product will return in the possession of the customer, and the request for withdrawal will be canceled.
7.6 If the right of withdrawal is exercised in accordance with the previous conditions, the Supplier will refund the Customer the amount already paid for the purchase of the Product within and no later than 14 (fourteen) days from the day on which the Customer was informed of the Customer’s decision to withdraw, provided that the Supplier has already received the return of the goods or that the Customer has provided proof that the Products have already been shipped. The Supplier will use the same means of payment used for the initial transaction.
7.7 In case of withdrawal, the only costs to be borne by the Customer will remain the initial shipping costs of the order for the purchased products. All other expenses will be refunded by the Supplier, including the costs of delivery of the returned goods following the exercise of the right of withdrawal (with the exception of additional costs arising from the Customer’s choice to use a different and more expensive delivery method than the standard delivery method offered by the Supplier).
7.8 The Customer forfeits the right of withdrawal if he or she does not comply with the above mentioned procedures. The Supplier will return the purchased Product to the Customer, charging the Customer the shipping costs and, if already refunded, the price of the product.
7.9 The Right of Withdrawal cannot be applied to Products made to measure or customized by the Customer.
8. LEGAL GUARANTEE OF CONFORMITY
8.1 All products offered on the Site are covered by the Legal Warranty of Conformity, in accordance with the provisions of Title III of Legislative Decree 206/2005 (Consumer Code).
8.2 The duration of the warranty is 2 (two) years from the time of delivery of the goods. If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person acting on the site for purposes unrelated to the business or professional activity possibly carried out), this warranty is valid provided that the conditions indicated below are met: – the defect becomes apparent within 24 months from the date of delivery of the products; – the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was acknowledged by the latter. Unless proven otherwise, it is presumed that the defects of conformity which become apparent within six months from the date of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the conformity defect; – the Customer sends the Supplier a specific communication, using the Online Assistance Service.
8.3 In case of non-conformity duly reported within the terms, the Customer has the right: – as a primary measure, to repair or replacement of the goods free of charge, at his choice, unless the remedy requested is objectively impossible or excessively expensive compared to the other; – as a secondary measure (i.e. if the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at his choice.
8.4 All return costs for defective products will be borne by the Supplier.
The Customer acknowledges, accepts and consents to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.
11. CUSTOMER SERVICE AND COMPLAINTS
It is possible to ask for information, send communications, request assistance or forward complaints by contacting Le Grizze di Ceschin Andrea, based in Conegliano (TV) on via Cavalla e Bruscole. The Supplier will respond to complaints by e-mail or by post within a maximum of 5 working days.
12. APPLICABLE LAW AND JURISDICTION
12. These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other overriding mandatory rules prevailing in the Customer’s country of habitual residence.
12.1 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the customer resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code, shall have jurisdiction. 12.2 The customer residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European Small Claims Procedure established by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the Regulation can be found at www.eur-lex.europa.eu.