GENERAL CONDITIONS
| GENERAL CONDITIONS |
| SELLER IDENTIFICATION |
| The goods covered by these general conditions are offered for sale by Pellegrini s r. l., with headquarters in 51036 Larciano (PT) via Bartolini 1206/A, registered with the I.A.A. Chamber of Commerce. of Pistoia, to the R.E.A. Business Register. PT-184535, tax code no. 1846240479, VAT number no. 1846240479, hereinafter «Seller». |
| The Seller can be contacted at the email address info@tuscanoption.it], PEC tuscanoption@pec.cgn.it], or, alternatively, by writing to the address 51036 Larciano (PT) via Bartolini 1206/A, or by contacting the number 057384040 |
| GENERAL PROVISIONS |
| These general conditions of sale (hereinafter, "General Conditions") apply to all sales of products (hereinafter, "Products" or "Product") purchased through the website www.tuscanoption.it (hereinafter, " Site") for deliveries to be carried out exclusively in Italy (including the Republic of San Marino and the Vatican City). |
| For sales and/or sales requests in countries other than those indicated, it is necessary to send a request to info@tuscanoption.it |
| The contracts concluded with the Pellegrini srl company via the online e-commerce site www.tuscanoption.it are governed by and subject to the legislation in force in Italy, in particular: |
| - if the buyer is a private consumer, by Legislative Decree 9 April 2003, n. 70, by Legislative Decree 6 September 2005, n. 206 ("Consumer Code") with reference to articles 50 to 68 relating to distance selling, as well as the specific general conditions prepared by the seller for the consumer referred to in the following link. |
| - If the buyer is a business and/or professional, indicating his VAT number in the purchase order, by Legislative Decree 9 April 2003, n. 70, by the Italian Civil Code, as well as by the specific general conditions prepared by the seller for the business users referred to in the link. |
| GENERAL CONDITIONS OF SALE FOR THE CONSUMER |
| METHOD OF STIPULATING THE CONTRACT |
| The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but rather a mere invitation to formulate a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly checked and accepted by us. |
| The contract between the Seller and the Buyer is concluded exclusively through the internet by accessing the Buyer at the address www.tuscanoption.it where the purchase can be made following the procedures indicated. |
| DELIVERY TIMES AND METHODS |
| The Seller will deliver the selected and ordered products to the shipping address indicated by the buyer, when completing the form, as confirmed in the summary email referred to in point 5, within 5 working days of the conclusion of the purchase. order. |
| LIMITATIONS OF LIABILITY |
| The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract. |
| Furthermore, the Seller will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges incurred . |
| The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of the means of payment, upon payment of the purchased products. |
| Finally, the Seller cannot be held responsible for failure to fulfill its obligations resulting from causes that are not reasonably foreseeable, from impediments beyond the sphere of its direct and immediate control, or from causes of force majeure. |
| SECURITY, DATA CONFIDENTIALITY AND GDPR |
| The buyer guarantees to legitimately have all the information entered into the Website for the purpose of purchasing the products, also ensuring that the same does not in any way violate, directly or indirectly, the rights of third parties. Therefore, the buyer undertakes not to enter data that he cannot freely dispose of. |
| The buyer is also prohibited from entering false and/or fictitious data in the registration procedure for the purchase and in subsequent further communications related to the execution of the contract. To this end, the buyer indemnifies the seller: from any liability deriving from the issuing of incorrect data and tax documents, the buyer himself being solely responsible for the correct insertion; from any obligation and/or burden of direct and indirect verification and control in this regard. |
| In compliance with the GDPR, the seller undertakes to process all personal data acquired in relation to the contract in compliance with the legislation on confidentiality. In this regard, the specific information is published on our website, in the specific privacy policy section. |
| If the falsity of the data provided is ascertained by Pellegrini Srl or upon reporting by third parties, the seller reserves the right to prevent/suspend the buyer's registration. |
| FINAL CLAUSES |
| The obligations and commitments deriving from this agreement, which by their nature are effective even after expiry, resolution or withdrawal from the contract, will remain valid and effective even after that date, until they are satisfied. |
| DEFINITIONS |
| The expression "online sales contract" means the purchase and sale contract relating to the Seller's tangible movable assets, stipulated between the latter and the Buyer as part of a remote sales system using telematic tools, organized by Seller, who reserves the right to propose a selection of items and to exclude, however, certain categories of products from said distance selling. |
| With the expression "distance contract": any contract concluded between the professional and the consumer in the framework of an organized distance sales or service provision scheme without the physical and simultaneous presence of the professional and the consumer, through the use exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself |
| The expression "Buyer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. Purchases can be made by adults. |
| The expression "Seller" means the person indicated in the epigraph or the person who sells the goods referred to in these general conditions of sale and as better described in the following paragraphs. |
| CONCLUSION AND EFFECTIVENESS OF THE CONTRACT |
| The purchase contract can be concluded both by the pre-registered user on the portal and by the "guest" user by completing the relevant forms at the address https://www.tuscanoption.it/it/catalogo-articoli/carrello/ordine with which the billing and shipping data are requested. |
| The contract cannot be considered concluded without the consent to the purchase expressed through the registration sent online and the acceptance of the relevant general conditions of sale. |
| At the end of the above operations, a web page summarizing the order will be displayed which shows: |
| the details of the originator and of the order, |
| the price of the purchased good, |
| billing information, |
| shipping data, |
| shipping costs, |
| any promotions, |
| the payment method, |
| the address where the goods will be delivered, |
| maximum delivery times. |
| Please note that failure to enter the requested data will make it impossible to proceed with the shipment of the order. |
| The Seller, once received the order, reserves the right to evaluate its acceptance, communicating via e-mail to the address indicated by the Buyer any impossibility to accept it. |
| The Seller, therefore, having ascertained the availability of the products in the warehouse, will communicate to the buyer to proceed with the payment of the goods by sending an email confirming and summarizing the order in which the data referred to above will be reported. |
| The goods purchased will not be shipped until the Seller has received evidence of receipt of payment from Paypal or Satispay. |
| The contract is not considered perfected and effective between the parties in the absence of what is indicated at this point. |
| PRICES |
| All sales prices of the products displayed and indicated on the website https://www.tuscanoption.it are expressed in euros and include VAT and any other taxes. |
| Shipping costs are estimated and highlighted to the user before sending the order confirmation and are included in the final price indicated in the order. |
| The prices shown on the site are subject to possible variations and/or modifications by the Seller without any obligation to notify the Buyer. The prices in force at the time of receipt of the order will apply to sales contracts concluded before the publication of the aforementioned changes, but still in progress. |
| RIGHT OF WITHDRAWAL |
| Pursuant to the articles. 54 and following of the Consumer Code, where the Buyer is a consumer, he has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good. |
| The goods sold by the seller on the website www.tuscanoption.it, however, are mostly packaged goods and/or goods that risk deteriorating or expiring rapidly and therefore pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded for these goods. |
| In order to preserve the interests of consumers, the seller will consider the exercise of the consumer's right of withdrawal valid, provided that the buyer respects the following conditions and methods: |
| the Buyer who exercises the right of withdrawal must communicate this to the Seller by email to the email reclami@tuscanoption.it |
| withdrawal is excluded for fresh products and for those products whose expiry date does not exceed thirty days from the delivery date. |
| - all products for which the Buyer has exercised the right of withdrawal must be returned intact, i.e. the packages, jars, containers containing the food products cannot have been opened. |
| - Kits containing food products must be returned unused, unopened or already used and/or consumed; |
| if the product for which the right of withdrawal has been exercised reaches the buyer already damaged, the buyer will be exclusively required to communicate this to the Seller in order to allow him, where possible, to exercise his right of compensation against the courier chosen for the return of the products. |
| The Seller will not be liable under any circumstances for damage, theft or loss of returned products, until they have been returned. Any risk will therefore be borne exclusively by the Buyer. |
| Once the integrity of the returned product has been verified, the Seller will reimburse the Buyer the entire amount paid for the products referred to in the sales contract subject to withdrawal, no later than 14 days from receipt of the same. The refund will take place through the re-crediting of the sum, upon request by the buyer for the reimbursement of the amounts by writing to the email l reclami@tuscanoption.it . |
| If the Buyer violates, in whole or in part, the provisions dictated regarding withdrawal from these general conditions, the sales contract will remain valid and effective and the Seller will return the products unduly returned to the Buyer, charging the latter lastly the relevant shipping costs. |
| The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to bear them. |
| TERMINATION OF CONTRACT LAW |
| All the obligations previously assumed by the buyer, as well as the guarantee of the successful completion of the payment made by the same, are essential and relevant, so that the buyer's failure to comply with just one of them will lead to the immediate legal termination of the contract . |
| TERMS OF PAYMENT |
| The buyer can make the payment via PayPal or Satispay and the charge will be made when the order is confirmed. |
| The order will be shipped as soon as the seller has evidence of the credit indicated above of the sum requested as consideration for the products covered by the order. |
| In the event that, for any reason, charging the amounts owed by the customer proves impossible, the sales process is automatically canceled and the sale automatically resolved. |
| PRODUCT AVAILABILITY |
| The Seller ensures the processing and fulfillment of orders without delay. Any delays due to unforeseeable events are not to be attributed to the Seller. |
| The Seller confirms the registration of the order as soon as possible by sending the user a confirmation by email, pursuant to point 5. |
| WARRANTY – RETURNS |
| If the Buyer detects any discrepancies between what was ordered and what was received, and in particular, finds any problem relating to the physical integrity, correspondence or completeness of the products received, he/she must promptly inform the Seller by email to the e-mail complaints@ tuscanoption.it . The Seller will provide the information necessary to resolve the problem, and where possible, to ship the missing items or refund them. Under no circumstances will the Buyer be required to return defective items or items received in error at their own expense. |
| The Buyer must, under penalty of forfeiture, report the defect found to the Seller within 2 (two) months from the date of discovery. |
| SETTLEMENT OF DISPUTES |
| The parties may submit all disputes arising from this contract or connected to it - including those relating to its interpretation, validity, effectiveness, execution and resolution - to attempted mediation in accordance with the provisions of the Chamber's Civil and Commercial Mediation Regulations present in domicile of the Buyer. |
| If the Parties intend to appeal to the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, 2nd paragraph, letter u) of the Legislative Decree. n. 206/2005. |
| If the acquisition took place online through our website, in accordance with EU Regulation Nº 524/2013, we inform you that you have the right to request an out-of-court resolution of consumer disputes through the website http://ec.europa.eu/consumers/odr/. |
| GENERAL CONDITIONS OF SALE FOR BUSINESSES AND PROFESSIONALS |
| METHOD OF STIPULATING THE CONTRACT |
| The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but rather a mere invitation to formulate a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly checked and accepted by us. |
| The contract between the Seller and the Buyer is concluded exclusively through the internet by accessing the Buyer at the address www.tuscanoption.it where the purchase can be made following the procedures indicated. |
| DELIVERY TIMES AND METHODS |
| The Seller will deliver the selected and ordered products to the shipping address indicated by the buyer, when completing the form, as confirmed in the summary email referred to in point 5, within 5 working days of the conclusion of the purchase. order. |
| LIMITATIONS OF LIABILITY |
| The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract. |
| Furthermore, the Seller will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges incurred . |
| The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of the means of payment, upon payment of the purchased products. |
| Finally, the Seller cannot be held responsible for failure to fulfill its obligations resulting from causes that are not reasonably foreseeable, from impediments beyond the sphere of its direct and immediate control, or from causes of force majeure. |
| SECURITY, DATA CONFIDENTIALITY AND GDPR |
| The buyer guarantees to legitimately have all the information entered into the Website for the purpose of purchasing the products, also ensuring that the same does not in any way violate, directly or indirectly, the rights of third parties. Therefore, the buyer undertakes not to enter data that he cannot freely dispose of. |
| The buyer is also prohibited from entering false and/or fictitious data in the registration procedure for the purchase and in subsequent further communications related to the execution of the contract. To this end, the buyer indemnifies the seller: from any liability deriving from the issuing of incorrect data and tax documents, the buyer himself being solely responsible for the correct insertion; from any obligation and/or burden of direct and indirect verification and control in this regard. |
| In compliance with the GDPR, the seller undertakes to process all personal data acquired in relation to the contract in compliance with the legislation on confidentiality. In this regard, the specific information is published on our website, in the specific privacy policy section. |
| If the falsity of the data provided is ascertained by Pellegrini Srl or by reporting from third parties, the seller reserves the right to prevent/suspend the buyer's registration. |
| FINAL CLAUSES |
| The obligations and commitments deriving from this agreement, which by their nature are effective even after expiry, resolution or withdrawal from the contract, will remain valid and effective even after that date, until they are satisfied. |
| DEFINITIONS |
| The expression "online sales contract" means the purchase and sale contract relating to the Seller's tangible movable assets, stipulated between the latter and the Buyer as part of a remote sales system using telematic tools, organized by Seller, who reserves the right to propose a selection of items and to exclude, however, certain categories of products from said distance selling. |
| The expression «Buyer» means the company and/or professional who purchases the goods in relation to their commercial or professional activity carried out. |
| The expression "Seller" means the person indicated in the epigraph or the person who sells the goods referred to in these general conditions of sale and as better described in the following paragraphs. |
| CONCLUSION AND EFFECTIVENESS OF THE CONTRACT |
| The purchase contract can be concluded both by the pre-registered user on the portal and by the "guest" user by completing the relevant forms at the address https://www.tuscanoption.it/it/catalogo-articoli/carrello/ordine with which the billing and shipping data are requested. |
| The contract cannot be considered concluded without the consent to the purchase expressed through the registration sent online and the acceptance of the relevant general conditions of sale. |
| At the end of the above operations, a web page summarizing the order will be displayed which shows: |
| the details of the originator and of the order, |
| the price of the purchased good, |
| billing information, |
| shipping data, |
| shipping costs, |
| any promotions, |
| the payment method, |
| the address where the goods will be delivered, |
| maximum delivery times. |
| Please note that failure to enter the requested data will make it impossible to proceed with the shipment of the order. |
| The Seller, once received the order, reserves the right to evaluate its acceptance, communicating via e-mail to the address indicated by the Buyer any impossibility to accept it. |
| The Seller, therefore, having ascertained the availability of the products in the warehouse, will communicate to the buyer to proceed with the payment of the goods by sending an email confirming and summarizing the order in which the data referred to above will be reported. |
| The goods purchased will not be shipped until the Seller has received evidence of receipt of payment from Paypal or Satispay, or alternatively the credit by bank transfer to his/her own account. |
| The contract is not considered perfected and effective between the parties in the absence of what is indicated at this point. |
| PRICES |
| All sales prices of the products displayed and indicated on the website https://www.tuscanoption.it are expressed in euros and include VAT and any other taxes. |
| Shipping costs are estimated and highlighted to the user before sending the order confirmation and are included in the final price indicated in the order. |
| The prices shown on the site are subject to possible variations and/or modifications by the Seller without any obligation to notify the Buyer. The prices in force at the time of receipt of the order will apply to sales contracts concluded before the publication of the aforementioned changes, but still in progress. |
| TERMINATION OF CONTRACT LAW |
| All the obligations previously assumed by the buyer, as well as the guarantee of the successful completion of the payment made by the same, are essential and relevant, so that the buyer's failure to comply with just one of them will lead to the immediate legal termination of the contract . |
| TERMS OF PAYMENT |
| The buyer can make the payment via PayPal or Satispay or by bank transfer. |
| The order will be shipped as soon as the seller has evidence of the credit on the current account indicated above of the sum requested as consideration for the products covered by the order. |
| In the event that, for any reason, charging the amounts owed by the customer proves impossible, the sales process is automatically canceled and the sale automatically resolved. |
| PRODUCT AVAILABILITY |
| The Seller ensures the processing and fulfillment of orders without delay. Any delays due to unforeseeable events are not to be attributed to the Seller. |
| The Seller confirms the registration of the order as soon as possible by sending the user a confirmation by email, pursuant to point 5. |
| WARRANTY – RETURNS |
| If the Buyer detects any discrepancies between what was ordered and what was received, and in particular, finds any problem relating to the physical integrity, correspondence or completeness of the products received, he/she must promptly inform the Seller by email to the e-mail reclami@tuscanoption.it . The Seller will provide the information necessary to resolve the problem, and where possible, to ship the missing items or refund them. Under no circumstances will the Buyer be required to return defective items or items received in error at their own expense. |
| The Buyer must, under penalty of forfeiture, report the defect found to the Seller within 8 days from the delivery date. |
| SETTLEMENT OF DISPUTES |
| The parties may submit all disputes arising from this contract or connected to it - including those relating to its interpretation, validity, effectiveness, execution and resolution - to attempted mediation in accordance with the provisions of the Chamber's Civil and Commercial Mediation Regulations present in place of domicile of the seller. Any dispute, even of a non-contractual nature or for reasons of connection, arising between the Buyer and the Seller relating to the validity, execution, interpretation and termination of the sales contract perfected pursuant to these general conditions, will be referred to the exclusive jurisdiction of the Court of Florence, however without prejudice to the Seller's right to initiate actions before the Court of the Purchaser's place of residence. |
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