TERMS AND CONDITIONS
General terms and conditions for online services provided by Corrado Benedetti s.r.l.
Users of the services offered by the Corrado Benedetti online store declare that they have read and accepted these general contractual conditions
ebsite owner
Corrado Benedetti s.r.l.
Via Croce dello Schioppo, 1
37020 Sant’Anna d’Alfaedo (VR)
Tax ID/VAT number: IT04010820233
R.E.A. VR384167
Share capital €40.000 fully paid
1. Definitions
Excepting further or different definition within the same Regulations, terms and expressions given with a capital letter will have the meaning stated above and subsequently, and terms mentioned in the plural are understood to mean also the singular and vice versa:
- Purchase: the act of purchasing a Product on the www.corradobenedetti.it website
- Basket: the page of the Website which summarises the Products selected by the User for Purchase;
- Delivery: the act executed by the Carrier of delivering Products to the address indicated by the User;
- Purchase Contract: the contract between the User and Corrado Benedetti srl concerning the Purchase;
- Carrier: the person or company that undertakes to deliver the Products listed in the Delivery Note to the address indicated by the User;
- Email Address: the electronic address indicated by the User at the time of registering on the Website;
- Purchase Order: the order concerning the Purchase;
- Parties: the Company and the User;
- Product: the products selected by the User from the range available and placed in the Basket, which constitute the Purchase Order;
- Regulations: this document regulating use of the Website;
- Comopany: Corrado Benedetti s.r.l., Via Croce dello Schioppo 1 – 37020 Sant’Anna d’Alfaedo (VR) – indirizzo di posta elettronica info@corradobenedetti.it; telefono +39 045 7545186;
- Website: the Company’s domain: www.corradobenedetti.it;
- User: any individual who acts for purposes other than the business, commercial, artisan or professional operations carried out by the Company and who is registered on the Website for the purposes of using its services.
2. Content provided by the user
Users are responsible for their own content and that of third parties who share on the website by uploading content or by any other means. Users release the Controller from any responsibility relating to the unlawful circulation of content from third parties by illegal means. The Website Owner does not carry out any kind of moderation of content published by the User or by third parties, but undertakes to intervene in the event of reports by Users or orders by public authorities concerning content considered offensive or unlawful.
3. Registration
In order to use some or all of the website’s services, Users are required to register by providing truthfully and completely all the information requested in the registration form and to fully accept the Privacy Policy and these general Terms and Conditions. The User has a duty to carefully safeguard his or her access details.
4. Purchase
The characteristics and prices of the various products for sale on the Website are given on each Product page.
In order to purchase Products, the Customer should add the Product to his or her Basket and, having viewed the General Conditions and the Privacy Policy and confirmed their acceptance, should enter the shipping and invoicing information, select the desired payment method and confirm the Order. By sending the Order, which has the value of a proposed contract, the Customer acknowledges and declares that he or she has read all the information provided during the purchase process and fully accepts these General Conditions and the terms of payment. The contract agreed between Corrado Benedetti srl and the Customer is considered completed with the acceptance of the order by Corrado Benedetti srl. This acceptance is communicated to the Customer by an email confirming the order and containing a link to these General Conditions, an order number, the shipping and invoicing details, a list of the Products ordered with their essential characteristics and the total price, including shipping costs. The Customer must check the confirmation email, and in the case of errors, has 12 hours from reception of the email to contact Customer Services directly via the Website, using the methods specified in “Customer Services” below. After this time, the order will be processed for shipping and changes are no longer admitted, without affecting the Customer’s statutory rights, as stated in article 7 below. Once the order is received, Corrado Benedetti srl will check availability for fulfilment of the order. In the event that one or more products ordered are not available, the Corrado Benedetti srl Customer Services will promptly email the Customer, who then has 12 hours to respond, confirming or cancelling the order. If there is no reply within this time period, the order will be sent as soon as the products become available.
5. Customer Services
Our Customer Service department is open Monday to Friday from 9 to 13 and 14 to 17. For information regarding the status of your order and to track the shipment, you can contact us by:
– Calling +39 045 7545186, extension 5
– Emailing comunicazione@corradobenedetti.it
6. Product information
Information and characteristics of our products are available on the Website.
The visual representation of products on our Website, where available, normally consists of a photographic image accompanying the product description. It should be understood that the image of the product is solely for the purposes of sales and may not be a perfect representation of its characteristics and quality, or may differ in size or colour. If there is a difference between the image and the written description, the product description should always take precedence.
7. Prices and shipping
Product prices include all taxes. All prices are given in euros. Shipping is free of charge all over Italy.
8. Payment Methods
The payment methods available to Users are:
• Bank transfer in advance
In the case of payment by bank transfer in advance, the order will be dispatched only when payment has been credited to the recipient’s account. The Customer should make the transfer within 3 days of placing the order. If payment is not received within 3 days, the order will be cancelled and the goods made available for purchase by other Customers. Customers who fail to make a transfer may be contacted by Customer Services in order to clarify whether the lack of payment is intentional on the part of the Customer, or due to another reason.
IBAN: IT 06E 08315 59830 000000085324
SWIFT CODE: ICRAITRR8R0 (the last character is a zero)
Bank: BANCA DELLA VALPOLICELLA CREDITO COOPERATIVO DI MARANO – FILIALE SANT’ANNA D’ALFAEDO
Reference: the Customer should indicate in the reference line the ID generated by the order.
• Payment on delivery
In this case a supplement of €15 will be added to the order total; this is indicated when choosing the payment method. Payment must be made to the carrier in cash, and for security reasons this payment method is not available for orders exceeding €250. All orders payable on delivery are checked before being dispatched.
• Credit card online and PayPal
You can pay for your order by Visa, Mastercard, prepaid cards and PayPal. This payment method is based on a system which has proved extremely secure and reliable in numerous applications: all data is encrypted using SSL certificates and is therefore impossible to intercept. The transaction itself happens on the website of the bank, guaranteeing maximum security.
9. Invoices
For every order placed, when the User has expressly requested it by ticking the box on the order form and providing the necessary information (valid tax ID or VAT number) when registering their account, the Website Owner raises an invoice for the goods supplied and sends it to the User who has placed the order. The details appearing on the invoice will be taken from the information provided by the User when placing the order. Once the invoice has been raised the details cannot be changed.
10. Presentation of products
The prices, descriptions and availability of products shown are subject to change without warning. Photos used are intended as an aid to viewing, and as such are merely indicative of the appearance and size of the product, which may differ partially from the image.
11. Trasport and delivery
Products purchased on the website are delivered in white insulated boxes sealed with adhesive tape bearing the firm’s logo, which acts as an anti-tamper security seal.
Products purchased in the Website will be delivered to the address indicated by the Customer during the purchase process in the section “Shipping details”. All purchases will be delivered using express carriers between Monday and Friday, excluding national holidays. Corrado Benedetti srl is not responsible for unforeseen delays due to external causes. Once the order has been dispatched, the Customer will receive a confirmation email. In all cases except due to force majeure or accidents, products ordered will be delivered within 7 (seven) working days from the day following confirmation of the order by Corrado Benedetti srl via email.
12. Failure to deliver
The presence of the Customer or their representative is required for delivery, at the address indicated in the order. If the Customer (or their representative) is not present, or does not have the cash or a valid credit or debit card, or payment by these means is impossible (e.g. because the total exceeds the maximum permitted), the order will be considered cancelled and the Customer will be charged (as a sanction, also applicable to subsequent orders) the cost of delivery and the cost of any products no longer alienable to third parties (e.g. fresh or perishable foods such as fish, frozen products, fruit, vegetables, dairy products, cured meats, food items, printed items including newspapers and periodicals); Corrado Benedetti S.r.l. may also exclude the Customer from their services or suspend the provision of online services. Corrado Benedetti is not liable for the cost of any re-delivery of goods in the event of failed delivery due to the Customer. Such costs are payable by the Customer.
13. Shipping overseas
The cost of shipping overseas varies automatically according to the country of destination.
The rate will start automatically at the choice of the country and will vary from country to country.
14. Interrupted services
The Website Owner reserves the right to add or remove functions or characteristics or suspend or interrupt completely the provision of services, either temporarily or permanently. In the event of permanent interruption, the Owner will ensure as far as possible that Users can withdraw their data stored by the data controller.
15. Indemnity
The User undertakes to release the Owner (along with any firms controlled by or affiliated to them, their representatives, administrators, agents, licensees, partners and employees) from all liability or responsibility, including any legal expenses sustained by a defence in court, which may arise due to damage cause by other Users or third parties in relation to content published online in violation of these legal terms and conditions of service.
16. Right of withdrawal
In the event that a person making a purchase on the Website requests an invoice and/or is not however a “consumer or user” as defined in article 3, clause 1, item a) of the Consumer Code, neither the withdrawal procedure stipulated in articles 7 and 8 of these General Conditions, nor, more generally, the provisions of the Consumer Code which apply solely to “consumers” will be applicable.
The Customer has the right to withdraw from the purchase contract for any reason, without providing an explanation and without penalty, except in cases stated in point D below. In order to exercise this right, the Customer must inform Corrado Benedetti srl within 14 days of receiving the products. This communication must be by email to
comunicazione@corradobenedetti.it
for the attention of Returns and Refunds office,
Corrado Benedetti srl
Via Croce dello Schioppo 1
37020 Sant’Anna d’Alfaedo (VR)
if you intend to withdraw before receiving the products, notification can be sent at any time prior to receiving them. Once the notification is received by Corrado Benedetti srl, Customer Services will initiate the procedure for handling the return and instruct the Customer for returning the goods using the carrier indicated by Corrado Benedetti srl. The right to withdraw is governed by the following conditions:
- A. The right applies to products in their entirety; it is not possible to return only part of a product purchased.
- B. In the case of withdrawal, Corrado Benedetti srl will refund the entire cost of the goods returned less the shipping costs, within 14 days from the date of receiving the notification of withdrawal; Corrado Benedetti srl has the right to suspend the refund until the returned goods have been received. The refund will be made using the same payment method as used by the Customer, unless the latter has expressly requested a different method. In the case of bank transfer or payment on delivery, it is the Customer’s responsibility to provide the bank details for the refund (account holder, name and address of the bank and IBAN).
- C. In part to guarantee free return in accordance with article 8 below, Products must be returned in the same box in which they were received.
- D. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right to withdraw is not granted in the following cases, in accordance with article 59 of legislative decree 21/2014:
- – the supply of goods in bespoke packaging or clearly personalised; – goods which are perishable or susceptible to rapid deterioration; sealed items which are not returnable for reasons of hygiene or health and which have been opened after delivery.
CAUTION
With reference to the exclusions to the right to withdraw listed above, the Customer is specifically informed and accepts that Products “which are perishable or susceptible to rapid deterioration” include all food products (including wines, spirits and soft drinks) and cosmetics, as the characteristics and quality of these types of product are subject to alteration if not appropriately stored. Therefore, for reasons of hygiene and Customer protection, the right to withdraw is applicable solely to products purchased on the Website which can be returned to Corrado Benedetti srl and sold again without danger to the health of consumers (such as books, gifts, kitchen utensils etc).
Where the right of withdrawal is excluded, Corrado Benedetti srl will return the products purchased to the Customer, charging the shipping costs to the latter.
17. Guarantee and nonconformity
In the event of nonconformity of Products sold by Corrado Benedetti srl, the Customer should contact Customer Services immediately by the means described in point 5 “Customer Assistance”.
Products sold are covered by the legal guarantees stipulated in articles 129, 130 and 132 of the Consumer Code. The Customer has the right, on request and where the nature of the product allows, to the restoration of conformity at no additional charge by repair or replacement of the Product, or to an appropriate reduction in price or the annulment of the contract. The Customer defaults on these rights by failing to inform Corrado Benedetti srl of the nonconformity within a period of two months from the date on which the nonconformity was discovered, unless the Product by its nature is perishable or subject to expiry before such a date, in which case the defect must be notified within this period.
18. Errors and limitations of responsibility
Information regarding products provided via the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Corrado Benedetti srl cannot be held responsible, except in cases of fraud or gross negligence.
Corrado Benedetti srl reserves the right to correct errors, inaccuracy or omissions even after an order has been sent, or to change or update information at any time without prior notice, without affecting the Customer’s rights in accordance with these General Conditions and the Consumer Code. Except in cases of fraud or gross negligence, Customers have no right to compensation or damages, nor responsibility, contractual or otherwise, for direct or indirect damage to persons and/or property caused by the failure to accept of execute an order, even partially. Corrado Benedetti srl encourages responsible consumption of alcoholic drinks and accepts no responsibility except in cases of fraud or gross negligence, if these are purchased by children under 16. By purchasing any alcoholic product, you declare that you are of age, as stipulated in article 7 of legislative decree 158/2012. Corrado Benedetti srl accepts no responsibility for purchases by under-18s who have declared otherwise.
19. Online resolution of customer’s disputes (ADR and ODR)
ADR
In accordance with article 49 clause 1 item V of legislative decree no. 206 of 06/09/2005 (Consumer Code), Customers can make use of the procedure for the amicable settlement of disputes. The process can be initiated when the consumer, having made a claim to the firm, has not received a reply within 45 days, or has received a reply they do not consider to be satisfactory.
Customers who decide to use amicable settlement must forward their claim to: conciliazione@consorzionetcomm.it or to fax number +39 02 87181126. For further information, please refer to:
ODR In accordance with article 14 of Regulation 524/2013, users are informed that in the event of a dispute they may lodge a complaint via the European Union’s ODR platform, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users wishing to resolve disputes arising from online sales or service contracts without resorting to the judiciary.
20. Applicable law and competent court
The contract of sale between the Customer and Corrado Benedetti srl is considered to be fulfilled in Italy and regulated by Italian law. For the resolution of disputes regarding the interpretation, execution or dissolution of these General Conditions or of individual orders where the Customer is a consumer as stipulated by the Consumer Code, exclusive jurisdiction is held by the court of the Customer’s place of residence if this is in Italy; in all other cases, competency is exclusively held by the Court of Verona, to the exclusion of any other forum.