Premise: effectiveness of the terms and conditions of sale
These terms and conditions of sale (hereinafter, "terms and conditions") have as their object the regulation of the purchase of products made remotely and made available, via the internet, from the site www.amatriceterraviva.it (hereinafter, the Site) in compliance with the Italian legislation on distance contracts (Legislative Decree 70/2003).
This site is owned by Amatrice Terra Viva Srl IS. with registered office in Viale PG MINOZZI - VAT number 01196520579, and is dedicated to the retail sale of foodstuffs.
The seller is:
Amatrice Terra Viva Srl IS.
Registered office: Via Viale PG Minozzi - Amatrice 02012 - Rieti
CF / VAT number: 01196520579
REA: RI - 75263
Amatrice Terra Viva Srl IS. observes the legislation on distance contracts pursuant to art. 50 and following of the Legislative Decree. 206/2005 and Legislative Decree. 70/2003 and subsequent amendments and additions.
Contracts concluded at a distance with Amatrice Terra Viva Srl IS. through the site are governed by these terms and conditions in compliance with Italian law. The language available to conclude the contract is Italian.
The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available on the Site to allow them to be reproduced and stored.
Art.1 - Premises
The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE
Art. 2 - Definitions
The expression "online sales contract" means the purchase and sale contract relating to movable property materials of Amatrice Terra Viva Srl IS., stipulated between this and the Purchaser as part of a remote sales system through telematic tools.
The term "Purchaser" means the natural or legal person who makes the purchase, referred to in this contract.
Art. 3 - Object of the contract
Amatrice Terra Viva Srl IS. sells and the Buyer buys with a distance sales contract, through the internet, the food products selected and ordered by the Buyer among those included in the electronic catalog on the website www.amatriceterraviva.it and currently available.
Art. 4 - How to stipulate the contract
The contract between Amatrice Terra Viva Srl IS. and the Purchaser concludes exclusively through the Internet by accessing the Purchaser at www.amatriceterraviva.it, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
The contract is concluded, and is binding for both parties, after the correct completion of the request form and the consent to purchase and subsequent confirmation, of the registration of the purchase order made by the Buyer by message. summary of the order, sent to the e-mail address indicated by the Purchaser himself and / or with a web screen.
The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
In the event of any unforeseeable stock outages due to unforeseeable factors or other causes, Amatrice Terra Viva Srl IS. undertakes to promptly notify the Buyer via e-mail of the unavailability of the product and to refund or in any case not charge the Buyer the corresponding price, or to inform the Buyer what are the waiting times to obtain the chosen good, asking if intends to confirm the order or not.
Amatrice Terra Viva Srl IS. reserves the right not to accept incomplete and / or not duly completed purchase orders by notifying the e-mail address indicated by the Purchaser and / or with a web screen.
It should be noted that the sale in question takes place in the Italian territory, therefore Alce Nero SpA cannot be held responsible for any failure to certify and authorize the expatriation of the food products covered by this sale.
Art.5 - Obligations of the Buyer
The Buyer undertakes to read and accept these terms and conditions.
The Buyer undertakes, once the online purchase procedure has been completed, to print and / or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
The Buyer is strictly forbidden to enter false and / or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications. The personal data and other e-mails must correspond exclusively to their personal data and not to those of third parties.
The Buyer declares to be of age.
Art.6 - Delivery times and methods
Amatrice Terra Viva Srl IS. assumes the responsibility of delivering to the Buyer, in the place indicated by him and by courier, the products selected and ordered by the same. Deliveries are possible exclusively in the Italian territory, in that of San Marino and the Vatican City.
Deliveries are made within approximately 3 working days, starting from the date of transmission of the purchase order confirmation by Amatrice Terra Viva Srl IS. No deliveries are made on Saturdays and public holidays.
Art.7 - Transport damage
In the event that the Purchaser finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reserve on the Courier's proof of delivery or refuse to accept the package damaged by writing in pen the reason on the waybill that the Courier requests to sign upon receipt of delivery. The Purchaser who has accepted the package subject to control and has subsequently found damage to the product must within 8 days of delivery, report the damage by sending a registered letter with return receipt to Amatrice Terra Viva Srl IS., Via PG Minozzi - amatrice -02012 - (RI). In addition to the reason for the complaint, the Buyer must also specify the purchase order number and tax documentation.
In the event that the Purchaser finds damage to the product due to transport not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery, by sending a registered letter with return receipt to Via PG Minozzi - amatrice -02012 - (RI). In addition to the reason for the complaint, the Buyer must also specify the purchase order number and tax documentation.
If the Purchaser does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the rights to replacement or refund.
Following the complaint submitted by the Buyer, Amatrice Terra Viva Srl IS. will replace the damaged product. In the event that, for any reason, Amatrice Terra Viva Srl IS. if he is unable to replace the product, he may proceed to return the entire amount paid or replace it with a product of equal or greater value in agreement with the buyer.
Art. 8 - Report of defects and legal guarantee
Amatrice Terra Viva Srl IS. has the obligation to deliver to the Buyer goods that comply with the sales contract and is liable to the purchaser for any lack of conformity existing at the time of delivery of the goods.
The products are covered by the two-year legal guarantee for lack of conformity pursuant to art. 128,129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and additions.
The guarantee is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and additions.
The buyer loses the warranty if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
The legal guarantee only covers the replacement of the goods that do not comply with the sales contract, as the subject of the contract are food products. The warranty does not apply in the event that the defects reported derive from incorrect storage, handling or use or transport of the product by the consumer or in the event of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not operate every time the defect is attributable to the guilty or willful conduct of the consumer or depends on other causes not related to the production and transport of the product to the consumer's home.
In the event that the Purchaser finds lack of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to Amatrice Terra Viva Srl IS. Via PG Minozzi - amatrice -02012 - (RI). In addition to the reason for the complaint, the Buyer must also specify the purchase order number and tax documentation.
In case of lack of conformity, duly reported within the established terms, the buyer will have the right to have the product replaced within a reasonable time unless the remedy itself is objectively impossible or excessively onerous or, in a secondary way, will be entitled to a price reduction. or upon termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
Amatrice Terra Viva Srl IS. reserves the right to verify the existence of the lack of conformity.
Amatrice Terra Viva Srl IS. reserves the right to notify the Buyer if it will collect the defective product from the buyer's home.
The operating times for carrying out the activities related to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
Amatrice Terra Viva Srl IS. it will never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be made within 60 days of delivery of the defective product to Amatrice Terra Viva Srl IS. Otherwise, the Purchaser may carry out one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account the possible use of the asset).
Art.9 - Right of withdrawal
Pursuant to the law, the Purchaser may exercise the right of withdrawal from the contract without specifying the reason and without paying penalties within 14 days from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the last good if the information obligations provided for in art. 52 of Legislative Decree. 206/2005 and subsequent amendments.
In the event that the seller has not fulfilled the information obligations pursuant to art. 52, paragraph 2, lett. f) and g) and 53 of Legislative Decree 206/2005 and subsequent amendments and additions, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event that Amatrice Terra Viva Srl IS. provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal.
The right of withdrawal must be exercised by the Buyer by sending a written communication by registered letter with acknowledgment of receipt, or by any other declaration, as long as explicit, to be sent to the address Amatrice Terra Viva Srl IS., Via PG Minozzi - amatrice -02012 - (RI), or via email to email@example.com.If the latter method is chosen, a confirmation of receipt of said withdrawal will be immediately sent by email
The communication must include the name , address, the purchase order number, the will to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised; the Buyer must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which he can be contacted, and the bank details of the current account to which he will want to receive the refund of the amount paid.
To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Once the notice of withdrawal has been received, Amatrice Terra Viva Srl IS. will communicate to the Buyer the address to which to ship the products to be returned and the authorization to return the products themselves.
The Buyer must send the product carefully packaged in its original packaging, complete with everything originally contained, to the address communicated. The shipment by the Buyer must take place by courier or delivery to the Seller or to a third party authorized by him within 14 days from the communication of withdrawal from the contract to Amatrice Terra Viva Srl IS. Upon receipt of the products or until the buyer has demonstrated that he has returned the goods, whichever occurs first, Amatrice Terra Viva Srl IS. will refund the amount paid to the Buyer. For the purposes of the expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the forwarder.
In case of exercising the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer for returning the products to Amatrice Terra Viva Srl IS. are the responsibility of the Buyer.
In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
In the case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, Amatrice Terra Viva Srl IS. will reimburse the sums paid by the Buyer within 14 days from the day on which it is informed of the Buyer's decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction, unless otherwise expressly agreed with the Buyer.
The reimbursement may be suspended until receipt of the goods or until the Buyer demonstrates that he has returned the goods, whichever is earlier.
Art. 10 - Prices
All the sales prices of the products displayed and indicated on the website www.amatriceterraviva.it constitute an offer to the public pursuant to art. 1336 cc
The Buyer will correspond to Amatrice Terra Viva Srl IS. for products purchased, the price indicated in the online catalog at the time the Buyer placed the order. This price will be expressed in Euros and will include VAT.
The shipping costs of the products, where provided for by the Buyer, will be applied according to the prices indicated in the appropriate section published on the website www.amatriceterraviva.it which the Buyer has read before placing the order. .
Product prices can be updated and therefore change daily.
There are no minimum amounts to place an order.
Art.11 - Contribution to shipping costs
The buyer will pay Amatrice Terra Viva Srl IS., As a contribution to shipping costs, the fixed amount of € 10.00 for amounts up to € 59.99; no transport costs must be paid for amounts exceeding € 59.99.
Art.12 - Promotions and gifts
Any proposed promotions and the offer of any free products are valid while stocks last and within the purchase limits indicated on the site and www.amatriceterraviva.it. Promotional products can be delivered in promotional packs, other than those published on the website www.amatriceterraviva.it.
Any discount codes received are not cumulative, they do not apply to other promotions already in progress and to the calculation of the minimum threshold of 60 € to get free shipping.
No replacement or return is possible in relation to any products received free of charge by the Buyer.
Art.13 - Liability
Amatrice Terra Viva Srl IS. assumes no responsibility for disservices attributable to force majeure of any nature and kind, in the event that it fails to execute the contract within the time agreed.
Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of its own employees or of the carriers of which Amatrice Terra Viva Srl IS. makes use, as well as any other circumstance that is beyond the control of the latter.
Without prejudice to the provisions of art. 8 of the EU Directive 97/7 and art. 56 Legislative Decree 206/2005 and subsequent amendments and additions, Amatrice Terra Viva Srl IS. assumes no responsibility for any fraudulent use by third parties of the credit card details provided by the Buyer.
Amatrice Terra Viva Srl IS. can not be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
Furthermore, Amatrice Terra Viva Srl IS will not be responsible for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to the full refund of the price paid and any ancillary charges incurred.
Art.14 - Methods of payment and invoicing
The Purchaser will pay for the products ordered according to the following methods: credit card (including prepaid) and / or Paypal and / or bank transfer.
Credit cards accepted by Amatrice Terra Viva Srl IS. are: Visa, VPay, Visa Electron, Mastercard, Maestro.
Once the payment method has been chosen, the buyer will be directed to the relevant site to make the transaction and complete the payment.
The payment will include the costs for the shipping contribution, where applicable, to be paid by the Buyer, according to the terms of the offer published on the website www.amatriceterraviva.it. In case of payment by bank transfer The Buyer will receive an email indicating the methods and the IBAN to make the transfer. The order will be placed in preparation after receiving the payment.
Amatrice Terra Viva Srl IS. will send the invoice via certified e-mail (PEC) to the address indicated in the order, only to Buyers registered with VAT number and who have requested it by “ticking” the appropriate box on the check out page. For all others the order confirmation email is valid as receipt of the order.
For the issuance of the tax document, the information provided by the Purchaser at the time of the order will prevail. No changes will be possible after the issuance of the fiscal document. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.
Art.15 - Termination of the Contract and Express Termination Clause
The obligations assumed by the Purchaser in art. 2 above (Obligations of the Buyer), as well as the guarantee of the successful completion of the payment that the Buyer must make, are essential, so that, by express agreement, the non-fulfillment by the Buyer of only one of these obligations will determine the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right for Amatrice Terra Viva Srl IS. to take legal action for compensation for further damage.
Art.16 - Security
The on-line transactions with credit card and Paypal are carried out on the respective sites, through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a manner designed to avoid the interception, modification or falsification of information.
Amatrice Terra Viva Srl IS never becomes aware of the customer's credit card or Paypal account data.
Amatrice Terra Viva Srl IS. reserves the right to change these terms and conditions at any time by publishing the updated version on the website and www.amatriceterraviva.it.
Any new clauses will be effective for purchases made after the date of the change.
Art.18 - Applicable law
This contract is governed by Italian law. These terms and conditions refer, although not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.
Art.19 - Jurisdiction
Any dispute relating to the application, execution, interpretation of this contract stipulated online through the site www.amatriceterraviva.it is subject to Italian jurisdiction.
For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the Italian State.
If the Purchaser's residence or domicile are not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place is competent.
Art. 20 - Protection of the confidentiality and processing of the Buyer's data
Amatrice Terra Viva Srl IS., The independent owner of the Buyer's data processing, protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 196/2003 and EU Regulation 679/2016.
The personal and fiscal data acquired directly and / or through third parties by Amatrice Terra Viva Srl IS., Independent 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 activate 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 carry out the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003 and Article 6 of EU Regulation 679/2016).
Amatrice Terra Viva Srl IS. 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 be exhibited only at the request of the judicial authority or other authorities authorized by law.
Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
With regard to your personal data, we inform you that you can exercise the rights provided for by art. 15 and ss. of EU Regulation 679/2016, as well as by art. 7 of the Privacy Code, listed below:
5.1 Access to the following information:
purpose of the processing,
categories of personal data in question,
recipients or categories of recipients to whom such personal data have been or will be communicated, in particular if recipients of third countries o international organizations,
existence of the right of the interested party to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him or to oppose their treatment;
5.2 Correction, by which we mean:
correction of inaccurate personal data concerning him without justified delay,
integration of incomplete personal data, also by providing an additional declaration;
5.3 Cancellation of data concerning you without undue delay, if:
the data are no longer necessary with respect to the purposes for which they were collected or otherwise processed,
a withdrawal of consent is formulated and there is no other legal basis for the processing,agree
youopposes the processing and there is no legitimate overriding reason to proceed with the processing,
the personal data have been unlawfully processed,
the personal data must be deleted to fulfill a legal obligation,
the personal data have been collected in relation to the offer of services of the company 'information;
5.4 Limitation of processing:
if you contest the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data
when the processing is unlawful and the data subject opposes the deletion of the personal data and requests instead that its use is limited,
when the personal data are necessary for the interested party to ascertain, exercise or defend a right in court, although the owner no longer needs it for the purposes of processing,
if you object to the processing by virtue of the right to object;
5.5. Receive notification in case of rectification or cancellation of personal data or limitation of processing;
5.6. Data portability, i.e. the right to receive personal data concerning you in a structured format, commonly used and readable by an automatic device and you have the right to transmit such data to another data controller, if: the processing is based on consent expressed for one or more specific purposes or occurs by reason of a contract signed with the person concerned and
the treatment is carried out by automated means;
5.7 Opposition at any time, for reasons related to his situation in particular, to the processing of personal data concerning him.
You have the right to lodge a complaint with a supervisory authority if you believe that the rights indicated here have not been recognized.
To exercise the aforementioned rights, you can contact the Data Controllers by sending a registered letter with return receipt to Amatrice Terra Viva Srl IS. Via PG Minozzi - amatrice -02012 - (RI) or an email to firstname.lastname@example.org. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be processed.
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.
Art. 21 - Method of filing the contract
1. Pursuant to art. 12 of Legislative Decree 70/2003, Amatrice Terra Viva Srl IS. informs the Buyer that each order sent is stored in digital form at the headquarters of Amatrice Terra Viva Srl IS. according to criteria of confidentiality and security.