Simonellisanti.com is owned by Azienda Agraria Belladonna di Simonelli Leonardo & C. Sas, with registered office in 53027 San Quirico d’Orcia, Siena, Villa Malintoppo, Via delle Fornaci, 41, with VAT number 00301910527, e-mail: firstname.lastname@example.org, Tel: +39 0577897080, in the person of the legal representative Simonelli Leonardo – CF: SMNLRD39H12I726R (hereinafter, “Seller“);
· That the Seller manages the site https://www.simonellisanti.com (hereinafter the “Site”);
· That the site is intended for commercial transactions between entrepreneurs and consumers (B2C);
· That, with the expression “General Conditions of Online Sale”, we mean the sales contract relating to the Seller’s consumer goods stipulated between them and the Buyer as part of a remote sales system organized by the Seller;
.That the brand and logo relating to the site are the exclusive property of the Seller;
· That these conditions of sale govern the online sale between the Company Azienda Agraria Belladonna di Simonelli Leonardo & C. Sas and the Buyer;
· That these premises constitute an integral and substantial part of the contract;
the following is agreed:
1. Object of the contract
1.1. These general conditions, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a telematic network, through the website belonging to the Seller, based in 53027 San Quirico d’Orcia, Siena, Villa Malintoppo, Via delle Fornaci, 41, with VAT number 00301910527, e-mail: email@example.com, Tel: +39 0577897080
1.2. With this contract, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller’s Site.
1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller’s Site. 1.4. The Seller undertakes to supply the selected products – within the limits of their availability – upon payment of a fee pursuant to art. 3 of this contract.
2. Acceptance of the conditions of sale
2.1. All purchase orders will be forwarded by the Buyer to the Seller by completing the indicated purchase procedure.
2.2. These general conditions of sale must be examined “online” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order by the Buyer, therefore, implies full knowledge of the same and their full acceptance.
2.3. The Purchaser, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Seller, the general and payment conditions illustrated below, declaring that he has read and accepted all the indications from he provided pursuant to the aforementioned rules, also taking note that the Seller does not consider itself bound by different conditions, unless previously agreed in writing.
2.4. The acceptance of the conditions of sale must be expressed by filling in all the sections of the electronic form correctly, following the instructions on the screen and, finally, by selecting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY INFORMATION, thereby fully accepting the contents of these documents
3. Methods of purchase and sale prices
3.1. The sales prices of the products on the Site are expressed in euros and are subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.
3.2. The prices of the products published on the homepage or in the various sections of the Site are inclusive of VAT. Shipping prices will be calculated and will be visible at the time the order is placed. The total cost of shipping to the Buyer’s home is borne by the same, except for exceptions and exceptions that will be specifically advertised on the site and / or communicated via e-mail. The cost is, in any case, disclosed to the Buyer before confirming the purchase order.
3.3 Receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. The Seller, with an e-mail containing a summary of the details of the order, after checking the availability of the chosen product, will confirm and formally accept the order received.
3.4. The Buyer expressly attributes to the Seller the right to accept, even partially, the order placed (for example in the event that all the products ordered are not available). In this case, the contract will be considered completed in relation to the goods actually sold.
4. Conclusion of the contract
4.1. The Contract stipulated through the Site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the evasion of the same. The Contract is concluded in the place where the Seller’s registered office is located.
5. Methods of payment
5.1 Any payment by the Buyer can only be made by means of one of the methods indicated: advance payment by bank transfer, online payment by credit card.
a) advance payment by bank transfer: payment must be made at BANCA MONTE DEI PASCHI DI SIENA – IBAN: IT19T 01030 72020 0000000376046 – Beneficiary: Company Azienda Agraria Belladonna di Simonelli Leonardo & C. Sas
The goods will be sent to confirm the payment.
b) online payment by credit card;
6. Delivery methods
6.1. The Seller will deliver to the Buyer, at the address indicated by them, the products selected and ordered, in the manner provided for in the previous articles, by couriers and / or trusted freight forwarders. Deliveries are made only in Italy, and will be made, depending on the item chosen, within the terms indicated on the Seller’s website and in the confirmation email that will be sent to the Buyer. In the event that the Seller is unable to ship within the terms indicated therein, the Buyer will be promptly notified by e-mail. The ordered goods will in any case be shipped after payment of the same and therefore the deadline for delivery starts from that moment.
6.2. If the Buyer is absent at the time of delivery, a notice will be left with the necessary information to contact the courier or forwarder in order to agree on the delivery methods.
6.3. The Seller will not be responsible for the delay or non-delivery due to an incorrect or incomplete communication of the address by the Buyer.
6.4. Upon receipt of the goods, the Purchaser is required to verify the conformity of the product delivered to him with the order placed; only after this verification will it be necessary to sign the delivery documents, obviously except for the right of withdrawal provided for in art. 10 of these conditions.
7. Limitation of Liability
7.1. The Seller assumes no responsibility for the delay or failure to deliver the goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part , to execute the contract within the agreed time.
7.2. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet that are beyond the Seller’s control.
7.3. The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, since the Buyer is only entitled to a refund of any price paid.
7.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
8. Guarantees and methods of assistance
8.1. The Seller sells only originali and of high quality level. In case of questions, complaints or suggestions, the Buyer may contact the Seller via the e-mail address firstname.lastname@example.org and email@example.com. In order to ensure quick processing of questions, complaints or suggestions, the Buyer must accurately explain the problem and possibly attach the order documents, or indicate the order number, customer number, etc.
8.2. In case of lack of conformity, the rules on the legal guarantee will be applied as provided for by Legislative Decree 6 September 2005, n. 206.
8.3. The guarantee applies only to the products indicated in Legislative Decree 6 September 2005, n. 206.
9. Obligations of the Buyer
9.1. The Buyer undertakes to pay the price of the purchased product within the times and methods indicated in these General Conditions.
9.2. The Purchaser undertakes and undertakes, once the purchase procedure has been completed, to print and keep these general conditions – which, moreover, he will have already viewed and accepted as an obligatory step in the purchase procedure – as well as the specifications of the product being purchased, and this in order to fully satisfy the conditions set out in Legislative Decree 6 September 2005, n. 206.
9.3. It is strictly forbidden for the Purchaser to enter false and / or invented and / or fictional data in the registration procedure using the appropriate electronic form; the personal data and the e-mail address must correspond to their real personal data and not those of third parties, or of fantasy. The Buyer therefore assumes full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.4. The Buyer releases the Seller from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for the correct insertion.
10. Right of withdrawal pursuant to Legislative Decree no. 206/2005
10.1. The right of withdrawal is recognized limited to the products provided for by Legislative Decree 6 September 2005, n. 206 and is therefore expressly excluded for food items that are likely to deteriorate or expire rapidly, such as sausages or cured meats and others, as required by art. 55 paragraph 1 letter. to).
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of receipt. of the purchased product.
10.3. In the event that the Purchaser decides to make use of the right of withdrawal, he must notify the Seller, using the model withdrawal form set out in Annex I part B of Legislative Decree no. 21/2014, or by submitting any other explicit declaration of your decision to withdraw from the contract. The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer.
10.4. The return of the goods must take place without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated to the Seller his decision to withdraw from the contract. 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 such a state of conservation as resulting from the necessary verification of the goods to establish the nature, characteristics and functioning of the same.
10.5. The Buyer cannot exercise the right of withdrawal for purchase contracts for goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
10.6. The Buyer who exercises the right of withdrawal pursuant to this article, will have to bear the direct costs of returning the goods to the Seller.
10.7. The Purchaser who exercises the right of withdrawal in accordance with the provisions will be reimbursed the sums already paid, with the exception of additional costs related to the type of delivery expressly chosen by the Purchaser and other than the least expensive type offered by the Seller. These sums will be refunded without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract. Unless the Seller has offered to collect the goods himself, the Seller may, however, withhold the refund until he has received the goods or until the Buyer has demonstrated that he has returned the goods, whichever occurs first.
10.8. Upon receipt of the communication in which the Buyer informs the Seller to exercise the right of withdrawal, the Parties are relieved mutual obligations, without prejudice to the provisions of this article.
11.1. Without prejudice to the cases expressly indicated, or established by legal obligations, communications between the Seller and the Purchaser will preferably take place via e-mail messages to their respective electronic addresses which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the sole fact of being IT documents.
11.2. Written communications directed to the Seller, as well as any complaints will be considered valid only if sent to the following address: Società Azienda Agraria Belladonna di Simonelli Leonardo & C. Sas, with registered office in Villa Malintoppo, Via delle Fornaci, 41, 53027 San Quirico d ‘Orcia, Siena – Italy, e-mail: firstname.lastname@example.org and email@example.com
11.3. Both parties may at any time change their e-mail address for the purposes of this article, provided they promptly notify the other party in compliance with the forms established in the previous paragraph.
12. Treatment of personal data
12.2. The Seller protects the confidentiality of customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
12.3. The personal and fiscal data acquired directly and / or through third parties by the Seller, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods with the aim of registering the order and activating its compares the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree no. 196/2003).
12.4. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
12.5. Personal data will be disclosed, after signing a data confidentiality commitment, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
12.6. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
12.7. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
12.8. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
12.9. The owner of the collection and processing of personal data is the Seller, to whom the Buyer can direct at the company headquarters, every request.
13.1. In the event of disputes arising from this contract or related to it, the parties undertake to seek a fair and amicable settlement between them.
13.2. Pursuant to the provisions of EU Regulation no. 524/2013, the Seller informs the Buyer that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for Buyers who wish to resolve disputes arising from online sales or service contracts out of court. To this end, we inform you that the Seller’s e-mail address is firstname.lastname@example.org
13.3. If the dispute has not been resolved amicably or by means of an ADR body referred to through the ODR platform, the same may be brought at any time to the exclusive knowledge of the Court in whose district the Purchaser has his domicile, if located in the territory of the State, in accordance with the provisions of art. 66-bis of Legislative Decree 206/05; in the event that the Purchaser does not hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Siena.
14. Applicable law and referral
14.1. This contract is regulated by the Italian law.
14.2. Although not expressly provided here, the laws applicable to the relationships and cases provided for in this contract and, in any case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code).
15. Final clauses
15.1. This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
15.2. Any ineffectiveness of certain clauses does not affect the validity of the entire contract.
15.3 These general conditions of sale have been drawn up in Italian. Should difficulties arise in their interpretation, the parties agree that the text in Italian will be considered authentic and effective