These conditions are valid exclusively between the company Viatico srl, with registered office in via Ugo Foscolo 3, 46024 Moglia (MN), tax ID code / VAT number / registration in the Mantova Register of Companies no. 02493360206, REA no.: MN - 257435 (hereinafter referred to as "Viatico"), as seller of the products and owner of the www.oroemiliano.it website (hereinafter referred to as the "Website") and any person shopping online on the Website (hereinafter referred to as "Customer").
These conditions may be subject to changes and the date of their disclosure on the Website is the same of the date of entry into force.
The object of these general purchasing terms and conditions (hereinafter referred to as "General Conditions") concerns the regulation of the online purchase of products and services available on the Website via the Internet network, in accordance with the provisions of Part III, Title III, Chapter I of Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on e-commerce (hereinafter referred to as "Consumer Code").
The Customer declares and guarantees to be a consumer in accordance with the provisions of art. 3 of the Consumer Code, to be of age and that the data provided for the performance of the Contract are correct and truthful.
These operations are not subject to the obligation of issuing the invoice, if not requested by the Customer during the ordering process (ONLY FOR SUBJECTS WITH VAT NUMBER), and are also exempt from the obligation of certification upon presenting till receipts or full receipts (art. 22 of Presidential Decree no. 633/1972) pursuant to art. 2 of Presidential Decree no. 696 of 21 December 1996.
If the person making purchases on the Website requires the issuing of the invoice and/or, in any case, if (s)he is not a "consumer or user" as defined in art. 3, paragraph 1, letter a) of the Consumer Code, the withdrawal regulation pursuant to art. 7 and 8 of these General Conditions and, more generally, the provisions that, according to the aforementioned Consumer Code, only apply to "Consumers", shall not be applied.
Contracts concluded with Viatico through the Website are regulated by these General Conditions in compliance with the Italian law. Contracts shall be drawn up in Italian.
Before sending the order, the Customer shall carefully read these General Conditions, which are available on the Website and can be consulted at any time.
Features and price of products (hereinafter referred to as "Product" or "Products") on sale on the Website are shown on the page designated for each Product.
By sending the order from the Website, which has the status of a contract proposal, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to accept these General Conditions in full.
The contract stipulated between Viatico and the Customer is concluded with the acceptance of the order by Viatico. This acceptance shall be notified to the Customer through an e-mail confirming the order and containing the link to download and store a copy of these General Conditions, as provided for in the Consumer Code, as well as the order number, the shipping and invoicing data, the list of Products ordered with a short description and the total price, delivery charges included. The Customer shall have 12 hours from the receipt of this e-mail to notify any errors directly on the Website using the appropriate contact form available on the "Assistance" tab. After this time limit, the order shall be processed for shipment and no changes shall be accepted, without prejudice to the rights of the Customer referred to in art. 7 below. For those orders whose payment shall due by bank transfer, the shipment process shall start only when the amount is effectively credited.
If the Customer does not receive any confirmation e-mail from Viatico, the purchase order is to be considered as cancelled.
The Products' availability on the Website refers to the actual availability at the time the Customer places the order. However, this availability shall be considered as purely indicative because, due to the simultaneous connection on the Website of several users, the products could be sold to other Customers before confirming the order.
Once the order has been received, in the event that one or more Products are not available in stock, Viatico shall send a timely communication via e-mail to the Customer who, within the next 12 hours, shall have the right to answer and:
Failure to reply within this time limit, the order shall be considered as confirmed in its entirety and the shipment shall take place as soon as the missing Products shall be available again in stock.
Information and features about Products are available on the Website, as well as the relevant Product codes.
As the Products are handmade, there is the possibility to find some slight weight differences, especially in case of sliced Products. The average weight of the package available in stock at the time of ordering is highlighted on the Product sheet. The actual weight of the Product to be sent may slightly differ in defect or in excess from the weight indicated in the information sheet.
The visual description of the Products on the Website, where available, generally matches to the picture supplied with the descriptive sheet. It is understood that the picture of a Product has the sole purpose of presenting it for sale: it may not perfectly represent features and quality and it may differ in colour and size. In case of differences detected between the picture and the description of the Product, the latter always prevails.
Products' prices include all taxes and duties. All prices are in expressed in Euros (EUR).
The prices do not include transport costs which will be specified and calculated when the order is fulfilled. Deliveries which will imply extra costs such as deliveries to the floors, both upper and lower, or hydraulic side for the grounding of voluminous packages, will have to be agreed by order fulfilment otherwise no claim will be accepted.
If ordered Products are to be delivered outside the EU, they may be subject to import duties and taxes, which are only payable once the specified destination has been reached. As Viatico does not control these costs of customs clearance and is not able to foresee the amount, they shall be charged to the Customer. Viatico suggests non-EU customers to contact their local customs offices before placing the order so as to request all information about the customs policies in force: in fact, the Customer is considered as an importer and, therefore, it is required to comply with all legislation and law of the country in which it shall receive the goods. To the extent permitted by law, Viatico shall not be held responsible if the delivered product does not comply with the legislation of the country of delivery.
In the event of an informatics, manual, technical error or an error of any other nature that could result in a substantial change not foreseen by Viatico of the retail price (turning it into a too excessive or clearly too low amount), the purchase order shall be considered as not valid and cancelled, and the amount paid by the Customer shall be refunded within 14 days from the day of cancellation.
The Customer shall pay the total amount due by credit/debit card, PayPal or bank transfer.
It is possible to purchase on the Website thanks to the following systems:
To ensure the highest level of security, the Customer shall settle the payment directly on the bank server. The Website does not record the credit card number of the Customer; however, thanks to the secure communication system of the credit institution of reference, the Customer who intends to proceed without entering the data every time may select the appropriate option starting from the second purchase. The credit institution of reference applies the SSL protocol to encrypt all data transmitted between its server and the Customer's browser.
The Customer shall transfer the amount due within 3 days from the order date, using the bank details indicated below and also reported in the confirmation e-mail sent. Failure of this, the order shall be cancelled and the goods shall be re-put on sale for purchase by other Customers. Viatico reserves the right to contact the Customer who failed to make the bank transfer in order to clarify whether the cause of the failure to credit is attributable to the will of the Customer or to other causes.
Data for the bank transfer:
Beneficiary: Viatico srl
Bank: UBI - Banco di Brescia
Description: please indicate date and order number (available in the confirmation e-mail).
If the purchase is made by a professional, it shall be possible to request the issue of the invoice by ticking the appropriate box during the order procedure and entering the invoicing information including tax ID code and/or VAT number. The invoice shall be sent to the e-mail address provided. For those residing in Italy it is also necessary to give the SDI identification code or pec address, for sending the invoice in electronic format; in the absence of such data, the invoice will be available on the website of the Agenzia delle Entrate. The professional is responsible for the correct insertion of the invoicing data and is expressly informed that, in case of failure to request the invoice when ordering, it shall not be possible to request it later.
The Products purchased on the Website shall be delivered to the address indicated by the Customer during the purchase procedure in the related "Shipping Information" field.
All purchases shall be delivered by express courier (hereinafter referred to as "Courier") from Monday to Friday, non-working days and bank holidays excluded. Shipments abroad could be performed with different Couriers depending on the destination country, so as to ensure the Customer the best available rate. Viatico is not responsible for delays that are not foreseeable or not attributable to it.
The Customer is asked to provide an active telephone number, so that (s)he may be contacted by Viatico or the Courier for any information or issues related to the shipment or to arrange the delivery.
Once the Products have been shipped, the Customer shall receive a confirmation e-mail containing a link so as to track the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered shall be delivered within a period of 7 (seven) working days starting from the day following the sending of the order confirmation.
To ensure the perfect storage and integrity of perishable Products, when necessary, isothermal packaging for foodstuff made of polystyrene together with refrigerating gel packs shall be used, so as to keep the cold chain unaltered.
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, within 14 days from the date of receipt of the Products or, if (s)he intends to exercise the withdrawal before receiving the Products, at any time before their receipt. In case of multiple purchases made by the Customer in a single order and delivered separately, the term of 14 days starts from the date of receipt of the last product.
In order to exercise this right, the Customer shall send to Viatico an explicit declaration containing the decision to withdraw from the contract or, alternatively, transmit the standard withdrawal form, as per Annex I, Part B, of Legislative Decree no. 21/2014 (not mandatory) whose text is copied below:
Model withdrawal form, pursuant to art. 49, paragraph 1, letter h) of Legislative Decree no. 21/2014
Viatico srl, via Ugo Foscolo 3, 46024 Moglia (MN)
phone n.: 0376-1586795
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following services (*)
Ordered on (*)/Received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete where not applicable.
Once the communication has been received, Viatico shall open a file for handling the returned items and shall notify to the Customer the instructions on how to return the Products, which shall be made via a courier indicated by Viatico. The Customer undertakes to send the products covered by the withdrawal within 14 days from the date on which the instructions have been sent.
The right of withdrawal is governed by the following conditions:
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 "are liable to deteriorate or expire rapidly" fall both all food Products (including wines, spirits and beverages) and cosmetics, because features and qualities of this kind of Products are subject to alteration also as a result of an improper storage. Therefore, for reasons of hygiene and Customers' protection, the right of withdrawal is only applicable for those Products purchased on the Website that can be returned to Viatico and re-put on the market without danger to the health of consumers (such as books, gadgets, tools for cooking, etc.).
In case of exercise of the right of withdrawal, Viatico fully retains the shipping costs for returning Products.
In order to benefit from this free shipping, the Customer aiming to exercise the right of withdrawal shall abide by the procedure indicated in art. 7 above and wait to be contacted by Viatico to arrange the return of the Products to the courier.
In case of lack of conformity of Products sold by Viatico, the Customer shall immediately contact the Customer Service at e-mail address firstname.lastname@example.org..
The Products sale is subject to legal guarantees provided for in art. 129, 130 and 132 of the Consumer Code. The Customer has the right, as long as the type of Product allows it, to the restoring free of charge of the conformity of the Product through repair or replacement, or an appropriate reduction in price or termination of the contract. The Customer loses these rights if (s)he does not report the lack of conformity within two months from the date on which the defect has been detected or, if the Product by its nature is perishable or subject to expiry in a shorter term, within that reduced period.
Information related to the Products supplied through the Website is constantly updated; however, it is not possible to exclude the presence of errors, of which Viatico does not consider itself as responsible, except in cases of wilful misconduct or gross negligence. Viatico reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer in accordance with these General Conditions and with the Consumer Code.
Except for wilful misconduct or gross negligence, any right of the Customer to a compensation for damages or to a recognition of compensation is excluded, as well as any liability in contract and in tort for direct or indirect damages to persons and/or properties caused by a non-acceptance or a processing, even partial, of an order.
Viatico promotes the responsible consumption of alcoholic beverages and excludes any of its responsibility in this sense, except for wilful misconduct or gross negligence, in case of purchases made by minors under the age of 16.
Any claim shall be forwarded to Viatico by means of the appropriate contact form available directly on the Website under the "Customer Assistance" tab, by dialling the phone number (+39) 0376 1586795 active from Monday to Friday from 9.00 to 18.00 excluding non-working days, or by registered letter with return receipt to the following address:
via Ugo Foscolo, 3
46024 Moglia (MN) - Italy
Viatico undertakes to answer to all requests received within a maximum of 7 working days.
Viatico informs the Customer with the status of consumer as per art. 3, paragraph 1, letter a) of the Consumer Code and residing in an EU member state, that a European platform for the online resolution of consumer disputes has been established (hereinafter referred to as "ODR Platform"). The ODR Platform may be consulted at the following address: http://ec.europa.eu/consumers/odr/; through the ODR Platform the consumer-user can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which (s)he is involved.
The contract of sale between the Customer and Viatico is concluded in Italy and is governed by Italian law. For the resolution of disputes concerning interpretation, execution or termination of these General Conditions or of single purchase orders, if the Customer is a consumer in accordance with the Consumer Code, the court of his/her municipality of residence or domicile shall have exclusive jurisdiction, if located in Italy; in all other cases, the Court of Mantova has exclusive jurisdiction, any other competent court excluded.
Pursuant to art. 1341 of the (Italian) Civil Code, the Customer declares to have read and accepted the articles of these General Conditions in particular in reference to paragraphs: 3 Information about products, 4 Prices and shipping information, 5 Method of payment and invoicing information, 7 Right of withdrawal, 9 Warrant and lack of conformity, 10 Errors or restriction on liabilities, 11 Claims, 12 Online Dispute, 13 Applicable law and competent court.