(as per section I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
The goods covered by these general conditions are offered for sale through the website storeitaly.org by the IMC Solutions of Vicenzo Capasso based in San Sebastiano al Vesuvio (NA), via Luca Giordano n. 6, registered at the Naples Chamber of Commerce CCIAA-NREA: NA - 789240 of the Business Register, Tax Code CPSVCN80T13C495P, VAT number 05988891213.
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") apply to the sale of products and services through the website www.storeitaly.org (hereinafter, the website) pursuant to the law known as the "Consumer Code ".
The seller of the products and the owner of the website are: IMC Solutions di Vincenzo Capasso, with registered office in San Sebastiano al Vesuvio (NA), Italy (hereinafter, "Storeitaly").
The customer who uses this website to purchase products or services (hereinafter, "customer") before sending the order, must carefully read these general conditions which will be accessible at any time by the customer himself, including through the link included in the e-mail confirming each order to allow for its reproduction and archiving.
If the Customer requests the issuance of an invoice and / or in any case is not a "consumer or user" as defined by the Consumer Code, the cancellation rights pursuant to articles 7 and 8 of these General Conditions do not apply, as well as the provisions that according to the consumer code apply only to "consumers".
The agreement entered into with Storeitaly through this website is governed by these General Conditions in accordance with Italian law. Italian is the language used to enter into the agreement.
2. Choice and ordering of products
The characteristics and the price of the products sold on the website (hereinafter, "Product" or "Products") are indicated on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions on the Website. The Customer must add the Product to the "Cart" and, after reading the General Conditions and the Information on privacy and having confirmed their acceptance, you will have to enter the shipping and billing information (if any), select the desired payment method and confirm the order.
By submitting an order from the website, which has the value of a contractual offer, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General Conditions and the applicable payment conditions.
The agreement stipulated between Storeitaly and the Customer will be considered concluded once the order has been accepted by Storeitaly. This acceptance is communicated to the Customer via an order confirmation e-mail containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer must check the confirmation e-mail and, if he finds errors in the order, he must have 24 hours from receiving this e-mail to contact Customer Service directly by sending an e-mail to firstname.lastname@example.org . After this deadline, the order will be processed for shipment and further changes will no longer be accepted, without prejudice to the rights of the Customer pursuant to section 7 below.
Once the order is received, Storeitaly will check the availability of stocks for order fulfillment. In the event that one or more of the Products are not available, StoreItaly Customer Service will promptly send an e-mail to the Customer who, within the next 24 hours, will have the right to reply in order to confirm the shipment of the Products available or delete it. If the Customer does not respond within this period, the order will be considered confirmed and the available Products will be shipped. In the latter case, the entire amount relating to the missing Products will be reversed or, depending on the payment method chosen, will not be charged to the Customer.
3. Product information
The information and functionalities of the products are available, with the related product codes, on the website.
The graphic representation of the Products on the website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in color and size. In the event of a difference between the image and the product description, the description will prevail.
4. Prices and shipping
Product prices are inclusive of taxes and fees. All prices are in Euros.
5. Payment and billing
5.1 Payment methods
The Customer can pay for the Products and delivery costs via PayPal or bank transfers for bulk orders
Once the order is confirmed, the Customer will be redirected to the PayPal website where he can make the payment with his account or using a card, even prepaid, or even in the way accepted by Paypal and in accordance with the relevant conditions.
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice must be sent by e-mail to the address indicated. The trader is responsible for the correct entry of billing data and is expressly informed that if no invoice request is made during the order, it cannot be requested at a later stage.
6. Transport and delivery
The products purchased on this website will be delivered to the address indicated by the Customer during the purchase procedure in the "Shipping information" field.
All purchases will be delivered by express courier (hereinafter "Courier") from Monday to Friday, excluding public holidays and national holidays. Storeitaly is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email that includes a reference link for tracking the shipment.
However, except in cases of force majeure or unforeseeable circumstances, the ordered Products must be delivered within a period of 7 (seven) working days from the day following the day on which Storeitaly confirmed the order to the Customer via a specific e-mail order confirmation .
• Delivery services active in Italy:
The service includes two delivery attempts that will be made to the address entered by the Customer during the order. After each attempt, a delivery attempt will be left at the recipient's end. If the second attempt is unsuccessful, the Courier will try to call the recipient by calling the phone number entered at the time of the order in order to arrange delivery. If the customer is not available, the goods will be returned to the warehouse.
7. Right of withdrawal
7.1 The Customer has the right to cancel his order for any reason, without explanation and without any penalty, except in cases where the right of cancellation is excluded pursuant to paragraph IV below. To exercise this right, the Customer must send a communication to Storeitaly within 14 days from the date of receipt of the Products. To this end, you can use the attached withdrawal form, but it is not mandatory. Download the form.
The right of withdrawal applies to Products purchased in their entirety. It is not possible to exercise withdrawal only on part of the Product. The return costs will be borne by the customer who will choose the methods and the carrier for the return at his own discretion.
7.2 The goods must be returned intact at the address Via Luca Giordano, 6 80040, San Sebastiano al Vesuvio (NA), Italy.
The consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
7.3 Effects of withdrawal
In case of exercise of the right of withdrawal, with the observance of the indicated terms, StoreItaly will reimburse all payments received, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from receipt of the declaration of withdrawal. The refund could be withheld beyond 14 days only until the Customer has demonstrated that he has returned the goods or until they have been received, whichever occurs first.
7.4 Exceptions to the right of withdrawal
The Customer cannot exercise this right in the following cases provided for by art. 59 d) e) of the Consumer Code: the supply of goods which risk deteriorating or expiring rapidly; the supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all food products (including wines, spirits and beverages) as the characteristics and the qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to the Online Shop and put back on the market without endangering the health of consumers.
In cases where the right of withdrawal is excluded, StoreItaly will return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. Free returns in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Storeitaly fully bears the shipping costs for returning the Products in case of exercising the right of withdrawal.
To benefit from this free shipping, the Customer who wishes to exercise the right of withdrawal must follow the procedure referred to in the previous article 7 and wait to be contacted by Storeitaly to organize the return of the Products to the courier.
9. Warranty and lack of conformity
All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
To benefit from the guarantee, the customer must report the lack of conformity of the Products sold by Storeitaly with a communication addressed to the seller indicating the defects and defects found using the appropriate contact form accessible on the website in the "Customer service" section.
The consumer customer has the right to a proportional price reduction or termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided for by the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify the immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; if the seller has declared (or this is clear from the circumstances) that it will not proceed to restore the conformity of the goods within a reasonable period or without inconvenience.
The consumer customer has no right to terminate the contract if the lack of conformity is only minor.
In case of broken wine or wine that tastes like a cork, the Customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to the Customer Service. StoreItaly will intervene as soon as possible by arranging a free collection in order to carry out an in-depth check and propose the most suitable solution.
Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect. of compliance.
The Customer loses these rights if he does not report to StoreItaly, in the case of a Product which by its nature is perishable or subject to expiration in a shorter term, in the event that the defect is not reported within this reduced term.
10. Errors and Limits of Liability
The information relating to the Products provided through the Website is constantly updated. However, it is not possible to guarantee the total absence of errors for which Storeitaly cannot be held responsible, except in cases of willful misconduct or gross negligence.
Storeitaly reserves the right to correct any errors, inaccuracies or omissions even after sending an order, or to change or update information at any time without notice, without prejudice to the Customer's rights under these General Conditions and the Consumer. Code.
Except in cases of willful misconduct or gross negligence, any right of the customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual liability or unlawful liability for direct or consequential damages to persons and / or things, caused by the lack of acceptance or even partial execution of an order.
Storeitaly promotes the responsible consumption of alcohol and assumes no responsibility, except in cases of willful misconduct or gross negligence, in the event of a purchase made by minors under the age of 18.
Any complaints must be sent to Storeitaly using the email email@example.com.
Storeitaly undertakes to respond to all requests received within a maximum of 7 working days.
12. Online dispute resolution for consumers (ODR)
We inform the user who holds the status of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://webgate.ec.europa.eu/odr; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
IMC Solutions adheres to the code of ethics of the Italian Association of Electronic Commerce (AICEL) available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.
13. Applicable law and jurisdiction
The sales agreement between the Customer and Storeitaly is expressly stipulated in Italy and is governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his place of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples, excluding any other competent court.
Pursuant to article 1341 of the civil code, the customer confirms that he has read, understood and accepted and expressly accepts the following clauses of the terms and conditions: 6 (responsibility for delivery delays), 10 (right to withdraw from the contract).