General conditions of Sale
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter “General Conditions”) have as their object the discipline of the purchase of products and services, carried out remotely and made available, via the Internet, from the site www.chiliandcello.com (hereinafter , the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Website is: The Dream Company of Holm Karin Nodskov, VAT number 02477250225 and registration in the Business Register of Trento / REA: TN – 227541 – E-mail address: admin@chiliandcello.com (hereafter “chiliandcello.com”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requires the invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal rules pursuant to art. 7 and 8 of these General Conditions or, more generally, the provisions that, according to the same Consumer Code, apply only to “consumers”.
The contracts concluded with chiliandcello.com through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian and adapted to the English language for the European Union.
2. Choose and order the Products
The characteristics and the price of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
For the purchase of the Products, the Customer must complete and send the order form in electronic format, following the instructions contained in the Site. The Customer must add the Product to the “Shopping Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, will have to enter the shipping details and any invoicing, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to accept these General Terms and payment conditions.
The contract stipulated between chiliandcello.com and the Customer must be considered concluded with the acceptance of the order by chiliandcello.com. This acceptance is communicated to the Customer through an email confirming the order containing a reference to these General Conditions, the
order number, shipping and billing information, the list of products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation e-mail and if he finds any errors in the order he will have 12 hours from receiving this e-mail to contact Customer Service at the email address orders@chiliandcello.com. After this deadline, the order will be processed for shipment and no changes will be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.
Once the order has been received, chiliandcello.com will check the availability of the stock for the fulfillment of the order. In the event that one or more Products are not available, chiliandcello.com Customer Service will send a timely communication via email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this period, the order will be considered confirmed and the Products available will be shipped. In this case the entire amount related to the missing Products will be canceled or in any case, depending on the chosen payment method, it will not be charged to the Customer. For orders of products not available, delivery will be at least 15 days.
3. Product Information
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Website.
The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the descriptive card. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
The prices of the products are inclusive of all taxes and duties, default 22% VAT in Italy. All prices are in Euro.
Shipping in Europe:
Throughout Europe, shipping is free for orders over € 100.00
For orders below € 100.00:
– Denmark including Greenland and the Far Øer Islands: € 4.50, up to kg. 2,€ 6.00 by kg. 2,1 to kg.5.
– European Union: € 25.00, up to kg. 2, € 27.00 by kg. 2.1 to kg. 5.
– Switzerland: € 18.00, up to kg. 2, € 20.00 per kg. 2.1 to kg. 5.
– Italy excluding Calabria, Sicily, Sardinia: € 7.00, up to kg. 2, € 8.50 per kg. 2.1 to kg. 5.
– Calabria, Sicily, Sardinia: € 11.50, up to kg. 2, € 13.50 per kg. 2.1 to kg. 5.
5. Method of payment and billing
5.1 Methods of payment
The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal, STRIPE, prepaid cards
Credit card
The circuits on which it is possible to purchase on the Website are:
Visa / Visa Electron
MasterCard
American Express
To guarantee maximum security, the Customer will make the payment transaction directly on the bank’s secure server.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the reference credit institution, from the second expense, the Customer who wishes – through the selection of the appropriate option – can proceed with the purchase without re-entering your data. The reference credit institute uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
PayPal / STRIPE
Once the order is confirmed, the customer will be redirected to the PayPal / STRIPE site where he can make the payment with his account or using a card, even prepaid, or otherwise according to the methods accepted by PayPal / STRIPE and in compliance with the relative conditions .
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information including the tax code and / or VAT number. In this case the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice when ordering, it will not be possible to request it later.
6. Transportation and delivery
The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Information” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and public holidays. chiliandcello.com is not responsible for delays that are not foreseeable or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation e-mail containing a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days, which are to be considered indicative and not mandatory, starting from the day following that in which Chiliman. it has confirmed the order to the Customer through an appropriate order confirmation email.
Delivery services active in Italy:
Express courier
The service provides 2 attempts to deliver at the address indicated at the time of order. A warning will be left after each passage. At the second unsuccessful delivery attempt, the Corriere will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or absent, the goods will be returned to the warehouse.
Active delivery services abroad:
Express courier
Shipments abroad can take place with different couriers depending on the destination country in order to ensure the best available rate to the customer.
Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Principality of Monaco, United Kingdom, Republic Czech, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, Hungary.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send a communication to chiliandcello.com within 14 days from the date of receipt of the Products using the appropriate form located on the page “Customer Service” or, if he intends to exercise the withdrawal before receiving the Products, the notice of withdrawal can be sent at any time before their receipt, if not yet sent.
This communication must be sent by e-mail, addressed to:
returnsrefunds@chiliandcello.com
The Customer Service of chiliandcello.com will, once received the communication, to open a practice for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by chiliandcello.com itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the product purchased in its entirety, with the integral guarantee seal; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal chiliandcello.com will refund the customer the full amount of the returned goods, excluding shipping costs, within 14 days from the date on which the withdrawal notice was received, without prejudice to Chiliman’s right. it to suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer.
III. The Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and / or invoice request), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– order of tailor-made or clearly customized products;
– order of Products that risk to deteriorate or expire rapidly;
– order for sealed products that are not suitable for being returned for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that “risk to deteriorate or expire rapidly” all the food products (wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and protection of customers, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to chiliandcello.com and marketed without danger to the health of consumers (such as books, gadgets , kitchen utensils, etc.)
In the event of exclusion of the right of withdrawal, chiliandcello.com will return the purchased Products to the Customer, charging them for shipping costs.
8. Return in case of exercise of the right of withdrawal
The customer who intends to exercise the right of withdrawal must abide by the procedure indicated in Article 7 above and the shipping costs are borne by the buyer; the Customer must wait to be contacted by chiliandcello.com to arrange the return of the Products to the courier.
9. Warranty and Defects of conformity
In case of conformity defects of Products sold by chiliandcello.com, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the “Customer Service” tab.
The sale of the Products is subject to the legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or an appropriate reduction in price or termination of the contract. The Customer loses these rights if he does not report to chiliandcello.com the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced period.
10. Errors and limitations of liability
The information relating to the Products supplied through the Website is constantly updated. It is not however it is possible to guarantee the complete absence of errors of which therefore chiliandcello.com can not be considered responsible, except in case of willful misconduct or gross negligence.
chiliandcello.com reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer pursuant to these General Conditions and of the Consumer Code.
Except for fraud or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and / or property caused by non-acceptance or evasion, even partial , of an order
chiliandcello.com promotes the responsible consumption of alcoholic beverages and excludes any responsibility at its own expense, except for malice or gross negligence, in the case of purchases made by minors of 16 years.
11. Complaints
Any complaint must be forwarded to chiliandcello.com using the appropriate contact form accessible directly on the Site through the “Customer Service” tab.
chiliandcello.com undertakes to respond to all requests received within a maximum of 7 working days.
12. Contents of the Website and intellectual property rights
The contents of chiliandcello.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including the menus, web pages, graphics, colors, diagrams, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and all other intellectual property rights of chiliandcello.com and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Site is forbidden unless previously authorized in writing by chiliandcello.com. It is also forbidden to use the contents of the Website for commercial and / or advertising purposes
All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by chiliandcello.com under license, for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any use of the signs badges mentioned above do not comply with the law and, as unauthorized is prohibited. It is not allowed in any way to use any distinctive sign on the Site to take unfair advantage of the distinctive character or the reputation of these or in such a way as to harm them and their owners.
Under no circumstances can the user alter, change, modify or adapt the Site, nor the material made available by chiliandcello.com.
13. Online resolution of consumer disputes (ODR)
If you are a European consumer, you must be aware of the fact that the European Commission has made available to all residents in Europe an instrument dedicated to the alternative resolution of disputes. To access the platform connect to the link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT.
14. Applicable law and jurisdiction
The contract of sale between the Customer and chiliandcello.com is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer in accordance with the Consumer Code, the court of the municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Trento, any other competent forum excluded.
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Pursuant to Article 1341 of the Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – exclusions of responsibility).