General conditions of sale
1 INTRODUCTORY REMARKS
This note contains the legal terms and conditions governing the website www.myqualitystore.com.
Utilisation of the pages in the website implies acceptance of all the dispositions contained in this document. All purchases of products made through the website www.myqualitystore.com are regulated by these general conditions and the other dispositions and operating instructions contained in the website. In the event of discrepancies between the aforementioned dispositions and operating instructions and the contents of the general conditions, the latter will prevail. All purchasers are invited to read these general conditions carefully.
The owner of the website www.myqualitystore.com is EDEN EXIT S.R.L., whose registered office is located in Prata di Pordenone (PN), Via Casali Bosco n. 30 cap 33080 VAT n° 01612420933.
The company EDEN EXIT S.R.L. focuses exclusively on the promotion of sales, the company VENEGAZZU' VINI SPA (referred to as the Seller), headquartered in Venegazzù di Volpago del Montello (TV), via Cal Trevigiana, 7 cap 31040 P.Iva 02047260266 is concerned solely with the management of sales and transactions executed in the context of the 'e-commerce MY QUALITY STORE, such as order management, sales, delivery of goods and other related activities.
EDEN EXIT S.R.L. retains the right to modify the contents of the website (prices and photos, for example) at any time, without advance notice and at their own discretion. Any modifications made will be effective on the date of publication.
These General Conditions of Sale regulate relations between Venegazzù Vini S.P.A. and the Customer, with respect to purchases of the Products made through this website. Any matter not expressly regulated by these General Conditions of Sale will be referred to the dispositions of Legislative Decree n° 185 dated 22 May 1999 and the applicable laws set forth in the Italian Civil Code.
Customers may purchase the products shown in the electronic catalogue, which are illustrated in detail on the individual Product Cards. In order to access our sales service, it is necessary:
- it is necessary to possess the requirements to enter legally binding contracts;
- to be able to legally stipulate binding contracts;
- to be in possession of a valid e-mail address;
- to be in possession of a credit card for payment via Paypal.
Stipulation of the Contract:
When the Seller receives the Order Confirmation transmitted electronically by the Customer and filled out in every part of the form, the Contract is considered as having been stipulated. Upon stipulation of the Contract, the Seller makes a commitment to supply the Products to the Customer, under the terms and conditions envisioned in these General Conditions of Sale, but will retain the right to refuse orders from parties who do not provide sufficient guarantees of solvency.
The Customer unconditionally accepts the dispositions contained in these General Conditions of Sale and makes a commitment to observe said dispositions and the other information contained in the website in his relations with Venegazzù Vini S.P.A., by sending the Order Confirmation. The amount of the order will be charged to the credit card immediately upon conclusion of the purchase.
The images in the website have the sole purpose of representing the Products and normally correspond to them; nevertheless EDEN EXIT S.R.L. provides no guarantee relative to the exact correspondence of the images shown.
All of the prices of the Products are clearly indicated in the website and are understood as being inclusive only of VAT. They do not include any additional taxes, duties or fees regulated by any applicable legislation, such as import regulations. If necessary, the Customer will therefore provide for customs clearance of imports and pay the duties and taxes (other than VAT), which may be due in the Country of importation.
Payment for performance of the Purchase Contract stipulated through the website may be made exclusively by credit card via Paypal or Bank Transfer.
The payment by credit card via Paypal goes through a protected connection using the Secure Sockets Layer (SSL) protocol with an incripted key of 128 bit.
The payment via anticipated bank transfer let you save money and time. If you prefer paying using this method please send us an e-mail at firstname.lastname@example.org
The goods order and pay by a bank transfer will be shipped as soon as we receive the payment confirmation by the bank.
The Seller reserves the right to request additional information from the Customer at any time (i.e. fixed telephone number) or the dispatch of copies of documents proving ownership of the credit card used to conclude the Purchase Contract. If the Customer fails to send any information or additional documentation requested, the Seller reserves the right to decline the order or recede from the Purchase Contract stipulated, communicating this to the Customer at the e-mail address indicated by him.
5 DELIVERY AND DOCUMENTATION
Costs vary depending on the country and are listed herebelow:
COUNTRIES OF THE EUROPEAN COMMUNITY
Italy (Excluded Calabria/Sicilia/Sardegn) 10€, every 6 bottles
Calabria, Sicily, Sardinia: 15€, every 6 bottles
Finland, Ireland, Portugal 75€, every 6 bottles
All rates are already inclusive of V.A.T.
For the other countries, transport costs are to be calculated on request.
6 RESCISSION / GOODS RENDERED
The Consumer Customer has the right to recede from the Purchase Contract stipulated at a distance, for any reason, and is not required to provide an explanation or pay any penalty, providing the following procedures are followed within the term of fourteen (14) working days.
In order to exercise the right of rescission, the Consumer Customer must provide written communication, within the term foreseen, addressed to the Venegazzù Vini S.p.A. Via Cal Trevigiana, 7 – 31040 Venegazzù di Volpago del Montello (Treviso) by registered letter with a return receipt. The communication may also be sent in advance, within the same term, in the “Contacts” area, in the special section, providing it is confirmed with a registered letter with return receipt within the following forty-eight (48) hours.
The Customer will be responsible for returning the goods, by shipping the Products subject to the rescission, through the courier of his choice. The Products must be shipped within and no later than fourteen (14) working days, starting from the date of delivery, to the following address:
VENEGAZZU’ VINI S.P.A.,
Via Cal Trevigiana, 7
31040 Venegazzù di Volpago del Montello
In order to effectively exercise the right of rescission, the Customer must respect the following conditions and procedures. The rescission may also be applied relative to individual Products making up a single Purchase Contract, providing the rescission applies to the Product in its entirety; namely, the Customer cannot exercise the right of rescission limited to a part of an individual Product purchased.
The only expenses due from the Consumer relative to exercising the right of rescission in accordance with Article 5 of Legislative Decree n° 185 dated 22/05/1999, are the direct expenses for return of the goods to the Seller.
If the Product rendered is damaged during transportation, the Seller will only be required to communicate this to the Consumer Customer in order to permit him to bring suit in a timely manner against the courier (and/or the relative insurance company) chosen by him,, against whom he has the right to seek recourse.
The Seller will by no means be liable for damage, theft or loss of the Products rendered; any request will therefore be charged exclusively to the account of the Consumer Customer.
Any failure to respect the conditions and procedures to exercise the right to rescission, foreseen above, and in the event of damage to the Products for reasons other than transportation, the Purchase Contract will remain valid and effective and the Seller will provide for the return to the Consumer Customer of any Products unduly rendered, charging the relative shipping costs to him.
7 PROPERTY RIGHTS
All trademarks (whether registered or not), as well as any and all intellectual property, distinctive markings, brand names, images, photographs, written texts or graphics and, more in general, any other intangible asset protected by international laws and conventions relative to intellectual and industrial property reproduced on the website, are the exclusive property of EDEN EXIT S.R.L. , and the Customer will gain no right on said property due to access to the website and/or stipulation of the Purchase Contract. Any even partial use of said property is prohibited without the advance written authorisation of EDEN EXIT S.R.L., to whom all of the relative rights are exclusively reserved.
8 GUARANTEES IN THE EVENT OF DEFECTIVE PRODUCTS
Venegazzù Vini S.p.A. is responsible towards the Customer for a period of two (2) years after delivery of the Products, in accordance with Articles 130 and 132 of Legislative Decree 206/2005, for any defects and non-conformities of the Products existing at the time of delivery, especially relative to Products that are defective or damaged. Cases of normal wear and tear or any other case imputable to improper or erroneous management of the Product by the user are also excluded.
The Consumer Customer will lose the rights recognised by Article 130, paragraph 2 of Legislative Decree 206/2005, if he fails to report the defect or non-conformity detected to the Seller within two (2) months of the day it was discovered. Venegazzù Vini S.p.A. will make every effort to replace damaged or defective Products delivered, at their own expense, and to provide other Products of the same quality and type, available at their warehouses, providing the Products are rendered by the Customer in the original package (complete with all the parts making up the Products). If replacement with the same Product is not possible (i.e., due to elimination of the Product from the catalogue), the Seller will reimburse the Customer the amount paid for the defective Product.
9 COMMUNICATIONS AND CLAIMS
All communications or claims made by Customers against Venegazzù Vini S.p.A. relative to the Purchase Contracts, must be sent by e-mail from the “Contacts” section of the website, choosing the appropriate request.
11 JURISDICTION AND APPLICABLE LAW
Users who visit the website www.myqualitystore.com subject to the jurisdiction of Italian Law. In accordance with laws in force, any legal controversy will be referred to the competent court, which is the court where the Consumer resides; for all other users, the competent court is the Court of Padua (Article 1469 bis n° 19 of the Italian Civil Code).