The present sales conditions govern B2C purchases (Business to consumer) carried out on the website www.bonajuto.it, and are in accordance with the Legislative Decree no. 206/2005 (“Consumer Code”), the Legislative Decree 70/2003 acknowledging the EU Directive on electronic commerce (“E-Commerce Act”), as well as the current regulation.
The website www.bonajuto.it is owned by Antica Dolceria Bonajuto with registered office in Corso Umberto I, no. 159 – (97015) Modica (RG), VAT number 01218510889, registered at the Companies Registration Office of Ragusa under number 102730 (hereinafter referred to as “Company”).
If you require any more information or have any questions about our Terms and Conditions, please contact the Antica Dolceria Bonajuto Srl by e-mail at firstname.lastname@example.org, or via phone (+39) 0932 941225.
Art. 1 – DEFINITIONS
- “Company” or “Seller” stands for Antica Dolceria Bonajuto Srl, if not defined otherwise.
- “Website” means the website www.bonajuto.it owned by the Antica Dolceria Bonajuto Srl.
- “User” or “Visitor” means any person who has access to the Company’s website.
- “Customer” or “Buyer” means any User, acting as consumer, who buys one of more products of the website online.
- “Consumer” means the physical person that acts for purposes, which are outside his/her trade, business or profession.
- “Parties” means the Company and the Client.
- “Order” means the application form of sold goods, which is filled in by the Buyer online and sent via the website.
- “Products” or “Goods” means the goods for sale on the Website that can be bought.
- “Distance contract” means a contract that deals with the goods offered on the website to the consumer with regards to the online selling system arranged by the Company through the Website.
Art. 2 – SUBJECT
2.1. The present Terms of Sale regulate the online purchases of products that are offered on the www.bonajuto.it website by the Company to the Consumer.
2.2. The distance contract is governed by the version of the current Terms of Sale valid at the time the Customer makes an online order.
Art. 3 – SALE OF PRODUCTS
3.2. The purchase on the website is allowed to adult Users who intend to buy the offered goods for purpose not directly related to his/her profession.
3.3. In order to purchase of one or more products, select the desired good or desired, fill out the order form in online to be sent to the Seller and pay the amount due according to the methods mentioned in the present Terms.
3.4. Features of the offered products are described within dedicated files published on the internal webpages, which the Consumer may review during product selection, before purchasing.
3.5. Prices and products are subject to change without prior notice, provided that those published on the website will be applicable when a Customer places and order.
3.6. Any discounted product or special offers will be easily identifiable by the Buyer while reviewing and considering the products listed on the website.
3.7. The Customer can select the product of interest by inserting it in the “cart”; should he/she wish to add other products, he/she may use the same procedure. The Customer can view the products in the cart at any time, and decide whether to delete them, continue the purchase or go to checkout.
3.8. The system allows you to choose one of the payment methods described in article. 6 of the present Terms.
3.10. The system asks for confirmation of correct data entry reports any possible errors resulting from not indicating mandatory information in the various order fields.
3.11. Before confirming the order, the Customer is required to verify all information included in the summary page of the order (which contains specifications of the selected product or products, the total amount due, as well as inserted shipping and billing information), to confirm them or correct them by means of the methods offered on the website, in case of mistakes.
3.12. The Customer can choose to go back, should he/she decide not to process the order, or confirm it by accepting the present Terms of Sale and clicking the specific button, which makes him/her confirm the order with the obligation to pay.
3.14. The above-mentioned indications with regards to product selection, cart processing and order forwarding, as well as any other specs mentioned in the present Terms of Sale are applied even in case that the Customer creates an account – according to what is written in the previous point 3.13.
3.15. Products are offered for sale under the Terms of the contract published on the website at the time of the order.
3.16. By submitting the order form, the Customer declares to know and accept the Terms of Sale, as well as additional legal information mentioned in this document that is available via the dedicated links included for such purpose.
3.17. The order can be considered as accepted once the Seller sends an e-mail confirmation to the e-mail account given by the Customer. The Seller will have the right, at his/her sole discretion, to accept or not accept the order of the Customer, and the latter shall not object or complain about anything, for any title and/or reason. The Seller specifically reserves the right to refuse or cancel an order in case of doubts about the truthfulness of incomplete or inconsistent personal details, non-fulfilment of payments that occurred already in previous purchases, doubts about validity of the credit card, unavailability of products, and in case of offensive, racist and/or personalization that are in any case not deemed tolerable for the image of the Seller. The notice of rejection or cancellation of the order (by e-mail or phone) may not be timely and also occur after the Customer made contact. The Customer has to keep a copy of the order confirmation for any claims and/or complaints.
3.18. The contract is concluded and binding for both parties as the Seller sends the order confirmation to the e-mail of the Customer, which was indicated by the latter during the purchase and/or registration to the website.
3.19. The order confirmation – as provided by the applicable regulation – will include a summary of the conditions applicable to the agreed distance contract, information concerning the essential characteristics of the good or service, and details about the price, payment methods, withdrawal, delivery costs and applicable taxes.
Art. 4 – DELIVERY TIMES AND METHODS
4.1. The Seller dispatches in Italy and in the countries indicated in the Shipping Policy published on the website and to be considered an integral part of the present Terms of Sale. Products will be sent to the Shipping address given by the Customer during order, and carried out by express courier according to the methods indicated in the aforementioned Shipping Policy, to which reference is made.
4.2. Unless otherwise agreed between the Parties or except for those cases, in which the Seller informs the Customer about different execution times, the sent order will be processed, based on required specs, within a maximum timeframe of thirty days from the day after the Customer processed the order.
4.3. The Shipping Policy published on the website (to which reference is made), mentions approximate delivery times of the products, processed by confirmation receipt of the order. Approximate times are not of essential or binding nature and depend on product availability in the Company premises. The Seller shall keep the Customer informed of any circumstances that might cause delivery delays.
4.4. The Seller will have the right to divide the delivery of products into different times, and the latter shall not object or complain about anything, for any title and/or reason.
4.5. Whether the Customer received the goods directly or through a designated third person, he/she materially comes into possession of the products. The risk of loss or damage of the goods, for reasons not ascribable to the Seller, passes on to the Customer as soon as he/she, or a designated third person, materially comes into possession of the products. However, should the Consumer decide to use a different courier, which is not included among those suggested by the Seller, the risk passes on to the Consumer as soon as the goods are in the couriers hands, without prejudice to the Consumers’ Rights towards the courier.
4.6. Upon delivery of the products, the Customer shall verify that the package is intact, not damaged or wet, or otherwise altered, including the sealing materials. Should there be obvious damages with the packaging and/or product, the Customer can refuse product delivery, and it will be returned without any charges for the Customer. Once delivery note has been signed, the Customer cannot make any objection about the external condition of the delivered products.
Art. 5 – CUSTOMERS’ OBLIGATIONS
5.1. The Customer has to provide all details requested during the purchase process, and verify that they are correct before submitting the order.
5.2. The Customer has the obligation and responsibility to provide accurate, true, verifiable and updated personal details.
5.4. Should the Customer wish to receive the purchased products at a third party address, he/she has to inform such person designated before passing related personal details to the Company.
5.5. Before submitting the order, the Customer should carefully read the information in the order summary, as well as the present Terms of Sale.
5.6. The Customer shall pay the price of the purchased products and keep a copy of the payment confirmation.
5.7. The Customer shall verify integrity of the packaging at delivery and promptly report any damage.
5.8. Customers who intend to exercise the right of withdrawal for goods bought online have to act appropriately to ensure integrity of the goods, to avoid compromising the quality and to comply with the terms and conditions specified in art. 8 of the present Terms of Sale.
Art. 6 – PRICE AND PAYMENT
6.1. Prices for the purchase of products offered on the website, listed in the webpages and including product description, are expressed in Euro (€) and are inclusive of Value Added Tax (VAT).
6.2. The total price, when finalising an order, is inclusive of shipping costs and any possible duties that could be applied in accordance with the current regulations. Any additional charges related to warehousing services due to non-delivery and consequent non-collection by the Customer are payable by the actual Customer.
6.3. Before sending an order request with payment obligation, the Customer reviews all specifications regarding any price to be paid.
6.4. Payment can be made via one of the following methods that are made available by the website: i.e.: PayPal, credit card and bank transfer. For amounts that are less than 1,000.00 Euros, cash on delivery is possible. However, this is limited to purchases of goods with dispatch within Italy.
6.5. If the Customer chooses to pay with credit card or via PayPal, the system allows making such payment through the Seller’s platform. The Customer will be redirected by clicking the dedicated button, which confirms the will to process the order and make the payment. Should the Customer decide to pay via bank transfer, the related bank details will be shown, in order to be able to transfer the due sum, and the Customer shall forward reference number of processed transfer to the Company. With the cash on delivery option (possible for amounts of less than 1,000 Euros), the amount due must be handed in to the carrier at product delivery.
6.6. Any price modifications do not apply to orders that have been already confirmed.
Art. 7 – FORCE MAJEURE
7.1. Neither party shall be liable for any delay or failure to perform any of its obligations, compliant to the contract, if the delay results from circumstances outside its reasonable control. The party that delays the process due to force majeure will be entitled a postponement, which is needed to fulfil such obligations.
Art. 8 – RIGHT OF WITHDRAWAL
8.1. Most of the products you can buy on the website are food products that could quickly deteriorate or perish, and therefore it is not possible to exercise a right of withdrawal.
8.2. In fact, pursuant to Article 59 of the Legislative Decree no. 205/2006 (Consumer Code), the right of withdrawal is excluded under certain circumstances, including: the supply of goods that could quickly deteriorate or perish (L. d ), the supply of tailor-made or personalised goods (L. c), the supply of sealed goods which cannot be returned for health protection or hygienic reasons, and for which the seal has been removed following delivery. (L. e ).
8.3. It is understood that, even in cases where the right of withdrawal is excluded, the Customer can report any product defects by contacting the Company on (+39) 0932-941225 or by sending an e-mail to email@example.com.
8.4. Except for the cases, in which the law excludes the right of withdrawal, the Company allows the Customer, in his/her quality as Consumer, to exercise the right to withdraw from a contract without explanations, by returning the purchased products, for which he/she receives a refund of paid amount, or a different good.
8.5. The right to withdrawal can be exercised by physical persons acting for purposes not directly related to their professional activity.
8.6. In order to exercise the right of withdrawal, the Customer should inform the Company if his/her decision to withdraw from the contract by means of an unambiguous statement (for example a mail, fax or e-mail) within a timeframe of 14 days. The Customer may even use the withdrawal form attached to the present Terms of Sale.
8.7. To meet the withdrawal deadline of 14 days set by the current regulation to exercise the withdrawal, you just need to send the communication relating to the exercising of right to withdrawal before the withdrawal period has expired.
8.8. The withdrawal period will expire after 14 days:
– a. in case of purchase of a good, as soon as the Customer acquires physical possession of the goods
– b. in case of a contract referring to multiple goods processed in one order, but delivered separately, as soon as the Customer acquires physical possession of the last good
8.9. In order to exercise the right of withdrawal, all products must be returned in perfect state of preservation and with original tags. The packaging material of the products has to be accurate, in order to protect the original packaging from any damage, and to avoid tags and writings on it. The customer is only responsible for the decrease in value of the goods resulting from a manipulation of the good that is different from the one necessary to establish the nature, characteristics and operation.
8.10. The Consumer should be required to send the product back without delay, but not later than 14 days after having informed the Company about his/her decision to withdraw from the contract. Deadline is seen as met, if the shipping of goods takes place before the above-mentioned deadline. Unless otherwise agreed, the products must be delivered or mailed to the following address:
“Antica Dolceria Bonajuto Srl, Corso Umberto I, n. 159 – (97015) Modica (RG) – Italy”.
8.11. The direct return costs of the goods will be payable by the Customer.
8.12. In case of withdrawal, all payments made for the purchase will be reimbursed, except for the shipping costs for the delivery of the purchased products.
8.13 The reimbursements shall be carried out using the same means of payment used for the initial transaction, unless it is expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of this reimbursement.
8.14. Reimbursements may be suspended until receipt of the goods or until the Customer shows proof that good were shipped.
8.15. If the Customer is in violation, in whole or in part, of the provisions related to withdrawal rights explained in the present Terms, the Agreement shall remain valid and effective, and the Seller will return the wrongly returned products to the Customer, charging the latter with the related shipping costs.
8.16. As expressly provided for by the Consumer Code, the right of withdrawal does not apply to products that have been opened and/or partially consumed, or to products that have been damaged by the Customer due to malpractice.
8.17. No reimbursements will be possible for discounted products; however, they can either be replaced, or a voucher of the same value of the paid amount can be requested and used at a later stage.
8.18. Pursuant to Article 59 of the Consumer Code, the Customer has no right of withdrawal if the purchased goods include products that could quickly deteriorate or perish, or sealed products, which cannot be returned for health protection or hygienic reasons, and for which the seal has been removed following delivery, or products that were tailor-made for the Customer. Therefore, if the purchased goods are within one of these categories, there will be no right to withdrawal. In case of doubts, please review the FAQ’s or contact the Company.
Art. 9 – PRODUCT FEATURES AND GUARANTEE
9.1 The essential features of the products are described within each on the product detail page. Due to the particular technical specifications and settings of the Customer’s computer used to browse the website, images and colours of the offered products for sale on the Company’s website may be slightly different.
9.2. Products sold to the Customer, in his capacity as a Consumer, are covered by the legal guarantee of 24 months for inherent defects, which must be reported to the Seller by the Customer, under penalty of loss of the right to appeal, in writing within 2 (two) months from the date of such discovery.
9.3. In case of inherent defect, the Vendor will restore such conformity of the product, at no cost to the Customer, by repairing/replacing or reducing the price of the product, until the contract is terminated. The timing of replacement or repair of any product depends solely on the policies of the manufacturer.
9.4. In the event that, for whatever reason, the Company is not able to offer a guaranteed product to the Customer (repaired or replaced), the Seller will proceed at its own discretion to refund full paid amount or to replace it with a product of equal or superior features.
9.5. The Seller cannot be claimed for damages for any delays with regards to repairs or replacements.
9.6. If the defect is not covered by warranty, after inspection by an authorized service centre, the Customer will be charged for any verification costs arising from the authorized assistance centre, as well as transportation costs.
9.7. Please refer any reports and claims with regards to defect products to the Company using the telephone number (+39) 0932 941225 or sending an e-mail at firstname.lastname@example.org.
Art. 10 – PRIVACY
Art. 11 – FINAL PROVISIONS
11.1 The Company reserves the right to make changes to the website and to these Terms and Conditions of Use at any time. Users should always refer to the actual version of the Terms published on the Website at the time of the order process.
11.2 Should the competent authorities declare any of the provision included in the present Terms to be invalid or ineffective, this shall not effect full validity of the other conditions not invalidated by the given clause, unless the given clause caused an essential and determining reason to cease any relation.
11.3 The fact that one of the parties does not exercise his or her rights, which are recognized by one or more clauses of the present Terms, shall neither be seen as a wave of such rights nor prevent later claiming compliance with any and all contractual clauses.
Art. 12 – COMUNICATIONS
12.1. Any communication between the parties shall be made in writing and sent to the address of the other party specified in the contract and order. Communications sent to the other parties e-mail – mentioned on the website and in the order – shall be also seen as written communication.
Art. 13 – LANGUAGE
13.1. The Terms of Sale are written in Italian.
Art. 14 – GOVERNING LAW AND JURISDICTION
14.1. The present General Terms have been arranged and are governed by Italian law.
14.2. Disputes arising these Terms, or related to them, shall be referred for adjudication to the court with competent jurisdiction in the Consumer’s place of establishment, as by regulation.
Last update: 01/12/2016