General sales conditions
1. General terms and conditions
These general terms and conditions of sale (“General Conditions“) apply to the purchase of products and services made available on line through Internet on the website eugeniobrezzitartufi.it (“Website”) according to the Italian regulation d.lgs 206/2005 and later variations and additions (“Code”).
The seller and website owner is Brezzi Tartufi & C snc di Valdimiro Brezzi with legal headquarters in Via Birmania 47/49, 58100 Grosseto (Italy), VAT N° 00859700536, registered at the Registro delle imprese di Grosseto, REA Number: 71116, e-mail address: eugeniobrezzitartufi@tisscali.it (“Eugenio Brezzi Tartufi”).
The client using the website to purchase items (“Client”) before placing an order is required to carefully read these General Conditions that are available on the Website and that will be available for the Client to check, read and memorise anytime, also using the link provided in the order’s confirmation e-mail.
Should the customer need an invoice and/or shouldn’t he/she be a “consumer or user” as defined in the art. 3, subparagraph 1, letter a) of the Consumer’s code, the right of withdrawal exemplified in the art. 7 and 8 of these General Conditions cannot be applied. More in general, all other conditions and warranties, statutory or otherwise and whether expressed or implied are hereby excluded, and no guarantee, other than that expressly herein contained should be applied except than to the consumers to whom “the consumer code/the consumer law” may concern.
The contracts agreed on with Eugenio Brezzi Tartufi through the website are regulated by these General Conditions according to Italian laws. English is available to stipulate contracts.
2. How to choose and order products
The products’ characteristics and price (“Products” or “Product”) are indicated in the page relevant to each Product.
In order to buy Products, the Client will need to fill in an online form and send it following the instructions available on the Website. The Client will have to add the Product to the “Cart” and, once read the General Conditions and the Privacy Policy and after having confirmed their acceptance, will have to add the shipment details and invoice information, if needed, select the way of payment and confirm the order.
By sending an order through the Website a contract is drafted; the Client acknowledges and declares having read all instructions provided during the purchase process and fully accepts these General Conditions.
The contract between Eugenio Brezzi Tartufi and the Client has to be considered concluded when Eugenio Brezzi Tartufi accepts the order. These acceptance is communicated to the Client through an e-mail confirming the order which includes a link to these General Conditions, the order number, the shipment and invoicing details, a list of the Products ordered with a short description and the total amount to pay including the delivery fees. Once the contract concluded, Eugenio Brezzi Tartufi will process the purchase order and the client will be able to check the orders by accessing his/her profile and the relevant section.
Once the order received, Eugenio Brezzi Tartufi will verify if the products are available in stock in order to process the request. Shouldn’t one or more Products be available, the Eugenio Brezzi Tartufi customer service will promptly inform the Client via e-mail. The client will have the opportunity to confirm the order for the available product or to totally cancel the purchase within the following 12 hours. Shouldn’t the Client answer within 12 hours, the order will be considered confirmed and the available Products will be shipped. In this case, the Client will not be charged for the missing Products or the cards won’t be debited depending on the method of payment.
3. Product information
The Products’ information and characteristics are available on the Website.
The Products’ visual representation on the Website, where available, usually corresponds to the photographic image that accompanies the Product data sheet. The images of the Products have the purpose of presenting them and may not be representative of their characteristics and qualities; they may differ in size and colour. Should the image differ from the written product description, the written description has to be trusted.
4. Prices and deliveries
There isn’t a minimum order purchase amount. All prices are in Euros and include taxes.
Delivery to Italy:
Delivery charge of 10 Euros.
Delivery to Europe:
Delivery charge of 30 Euros.
The above-mentioned fees will be shown to the client before the transaction confirmation. When the Client selects the destination country, the delivery fees will be automatically updated.
5. Payment and Invoicing
5.1 Payment methods
The Client can pay the Products and the delivery fees using Paypal or bank transfer.
PayPal
Once your order confirmed, you will be redirected to the Paypal website where you will be able to complete your payment using your account or by card, even pre-paid, or as allowed by PayPal and following their terms and conditions.
Bank Transfer
Bank transfers must be received within 3 days since placing the order. If no bank transfer is received within this timeframe the order will be cancelled. You may be contacted by one of our customer care representatives in order to clarify whether you want to cancel your order.
Bank details:
Beneficiary: EUGENIO BREZZI TARTUFI & C SNC DI VALDIMIRO BREZZI
IBAN: IT04 O 0103014300000002588582
BIC/SWIFT: PASC IT MMGRO
Bank: BANCA MP FILIALE GROSSETO
In the bank transfer reference you will need to indicate the date and order number as specified in the confirmation e-mail and the client’s name and surname (example: “Order 12/11/17 n. 199, John Doe”)
5.2 Invoices
If the Client is a company or a VTA registered professional invoices can be requested by ticking a box during the order process and by adding the invoicing details with codice fiscale (Italy) and/or partita IVA. In this case, the invoice will be e-mailed. The registered professional is responsible for the correctness of the data and is informed that, shouldn’t the invoice be requested upon placing the order, it can’t be requested later.
6. Shipping and delivery
The Products bought on the Website will be delivered to the address the Client has indicated in the form during the purchase process.
All items will be delivered by courier (“Courier”) from Monday to Friday, excluding public holidays. Eugenio Brezzi Tartufi is not responsible for unforeseen delays or delays out of Eugenio Brezzi Tartufi’s control.
Once the Products have shipped, the Client will receive a confirmation e-mail including a link to the courier tracking details.
The Products will be delivered to the Client within 7 (seven) days of issue of the Eugenio Brezzi Tartufi confirmation email unless delivery is prevented or delayed due to force majeure events or circumstances beyond Eugenio Brezzi Tartufi’s control. The 7 (seven) day timeframe applies for delivery to Italy only.
7. Right to cancel and return
The Client has the right to cancel and return the order without any need to explain the reasons and without any penalties, except in the circumstances illustrated below (IV). In order to return the Products, the Client has to inform Eugenio Brezzi Tartufi within 14 days from receipt of the goods; should the Client want to cancel the order before receiving the Products, the cancellation can be notified to Eugenio Brezzi Tartufi anytime before receiving the Products.
This notification has to be sent by signed for mail to the following address:
Eugenio Brezzi Tartufi & C snc Di Valdimiro Brezzi
Via Birmania 47/49
58100 Grosseto (GR)
Once the communication received the customer service will open a procedure for the Products’ return and the Client will be given instructions about how to return the Products that must be sent by Courier as specified by Eugenio Brezzi Tartufi.
The right to cancel an order and return items is regulated by the following terms and conditions:
I. The right of cancellation applies to the Product in its entirety. For this reason, should the Product be made of more items or parts, it won’t be possible to apply the right to cancel on parts of the purchased Product.
II. Should the Client want to return the Products, a refund for the Products and the standard delivery charge (if applicable) will be issued by Eugenio Brezzi Tartufi within 14 day from the receipt of the Client’s return/cancellation notification. Eugenio Brezzi Tartufi will not process any refund before the returned Products have been received. The refund will be made using the same payment method the Client used to buy the Products, unless the Client specifies a different refund method. For bank transfers, the Client has the responsibility to supply the bank details (beneficiary name, bank’s address and IBAN).
III. In order to guarantee a free return according to the following article 8, the Products must be returned in the same box they were delivered.
IV. Apart from the above-mentioned cases (client that is not a consumer and/or needing an invoice), no returns will be accepted in the following cases, according to the art. 59 d.lgs 21/2014:
– Custom made or personalized items;
– Sealed Products that are not suitable to be returned for health and safety reasons or Products opened after delivery;
– Products damaged for reasons not depending on transport
Should the right to return not apply, Eugenio Brezzi Tartufi will resend the Products to the Client and the Client will be charged with applicable shipping and delivery fees.
8. Free returns
Should the Client decide to return the Products, Eugenio Brezzi Tartufi will take care of the shipping costs.
In order to have the benefit of returning the Products free of charge, the Client wishing to return an order, will need to follow the procedure explained above (art. 7) and wait to be contacted by Eugenio Brezzi Tartufi to agree on returning the Products by Courier.
9. Warranty and lack of conformy
In case of lack of conformity in Products sold by Eugenio Brezzi Tartufi, the Client has to promptly notify the customer service by using the contact form or calling our customer service at +39 (0)564 456800.
Legal warranties established in the articles 129, 130, and 132 of the Consumer’s code are applied to the sale of Products. If the type of Product allows it, the Client is entitled to have a free repair or replacement of the Product or an adequate price reduction or resolution of contract. The Client has no right if he/she fails to inform Eugenio Brezzi Tartufi about the Product’s lack of conformity within 2 months from the day the fault has been discovered, unless the Product is perishable or expires rapidly. In this case, the fault has to be notified at shorter notice.
10. Errors and limitation of liability
The descriptions of the Products on the Website are constantly updated. However it is not possible to guarantee that the Product sheets are absolutely free from error. For this reason Eugenio Brezzi Tartufi cannot be considered liable, except in case of intentional fault and serious misconduct.
Eugenio Brezzi Tartufi reserves the right to correct mistakes, inaccuracies and omissions also after an order has been shipped, or to modify or update the information anytime without prior notification, without prejudice to the Clients’ rights under these Terms and Conditions and Consumer’s Code.
Except in case of intentional fault or serious misconduct, for the Client it is excluded any right to claim for damages or compensation, as well as any contractual or non-contractual responsibility for any direct or indirect damage to people or things, caused by the non-acceptance or non-completion, also partially, of an order.
Eugenio Brezzi Tartufi recommends moderate and responsible alcohol consumption and is not liable in case of purchase made by under-18s, except in case of intentional fault or serious misconduct.
11. Complaints
All complaints have to be sent to Eugenio Brezzi using the contact form or by signed for mail to the following address:
Eugenio Brezzi Tartufi & C snc Di Valdimiro Brezzi
Via Birmania 47/49
58100 Grosseto (GR)
Eugenio Brezzi Tartufi undertakes to respond to all requests within maximum 7 working days.
12. Applicable law and competent court
The sale contract between the Client and Eugenio Brezzi Tartufi is considered as concluded in Italy and regulated by Italian law. In order to solve any disputes regarding the interpretation, execution or termination of these Terms and Conditions or of sale orders should the Client be a consumer as described in the Consumer’s Code, the competent court will be the one of the Client’s town of residence, should the Client be resident in Italy; in all the other cases, the territorial jurisdiction belongs to Grosseto’s Court. Any other competent court is excluded.
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Under article 1341 c.c. the Client declares having read and accepts specifically the following articles of the General Terms and Conditions: 6 (responsibilities for delayed delivery), 10 (discretion to correct errors- limitations of liability).
