Terms and Conditions of the Service
Welcome to the official online shop Trentingusto by Gianluca Manitta ( www.trentingusto.com ), based in Via U. Fogagnolo, 45 - 20099 Sesto San Giovanni (MI); Fiscal Code. MNTGLC79C14E514V and VAT Number 11536670968 Mail: firstname.lastname@example.org / PEC: email@example.com , who in these general conditions of sale assumes the role of seller.
1.1. THIS DOCUMENT
Users are invited to carefully read the General Conditions of Sale below which constitute a legally binding agreement for the use of the online shop and the purchase of the goods contained therein. Acceptance of the general conditions of sale ("General Conditions") is a mandatory condition for making purchases.
"Terms and Conditions (or Terms or Contract): these general conditions of Service, which constitute a binding agreement between the Customer and Trentingusto by Gianluca Manitta.
"Customer", "Customers", "you" and similar terms: both in the singular and in the plural, refer to you.
"Product or Product": the Products sold through the Website.
"Suppliers", "Manufacturers": are the Companies or consortia whose Products are sold through the Website.
"Consumer": any natural person who acts for purposes that do not fall within the framework of his commercial, industrial or professional activity.
"Order Confirmation": indicates the e-mail that Trentingusto by Gianluca Manitta sends to the Customer confirming the conclusion of the Contract.
"Service": the Service offered by Trentingusto by Gianluca Manitta as described in these Terms.
2. OBJECT OF THE CONTRACT
2.1 - This Agreement is a Distance Agreement pursuant to art. 50 and ss. Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), European Directive 2000/31 / EC (Electronic Commerce) for Users residing in the European Union, Directive 2011/83 / EU (Consumer Rights), for Consumers residing in the European Union, Regulation 302/2018 / EU (Geoblocking), provisions of the Italian Civil Code on the subject of distance selling. The Contract concerns the sale of movable property between Trentingusto by Gianluca Manitta - Via U. Fogagnolo, 45 - 20099 Sesto San Giovanni (MI) (hereinafter “Trentingusto”) and the Consumer (hereinafter "Customer"). The Contract is concluded directly through the acceptance by Trentingusto of a purchase proposal issued by the Customer via the internet, following the invitation to offer contained on the website www.trentingusto.com (hereinafter the "Site") , based on the procedures described in article 4 below.
2.2 - Trentingusto by Gianluca Manitta reserves the right to make changes to the conditions of sale at any time, by giving notice within the site itself. For this reason, the Customer is invited to consult, before making any purchase, the most updated version of the Terms and Conditions. The applicable Terms and Conditions are the one in force on the date the purchase order is sent.
2.3 - The graphics of the Products delivered may not coincide with that shown on the site if the packaging has been changed. The photographs of the Products are present on the site for illustrative purposes only and the articles may undergo graphic changes in the packaging with respect to the presentation.
2.4 - The Products are made available to Customers through collaboration agreements between Trentingusto and the Suppliers / Manufacturers; Trentingusto reserves the choice or change of these Suppliers / Manufacturers on the basis of the satisfaction of the Product, the seriousness of the collaborator and the quality of the Product supplied. That is, if there are divergences, more or less serious, such as to interrupt the collaboration relationship.
3. PRICES AND DELIVERY COSTS
The sales prices of the Products shown on the Site include VAT. and all other taxes. Delivery costs are indicated on the Site and they will be displayed directly at the checkout. Delivery costs in EU countries other than Italy are indicated on the Site and may vary according to the weight and volume of the individual packages. They will be displayed directly at the checkout (in euros and inclusive of VAT), before the conclusion of the order.
4. METHOD OF PURCHASE AND PAYMENT
4.1 – Each order sent constitutes an offer to purchase the Products. Trentingusto by Gianluca Manitta reserves the right, at its sole discretion, to accept or reject the order after checking the availability of the Product object of the proposal, under the conditions set out therein. Purchases of available Products, as illustrated and described online in the relevant data sheets, are made by the Customer at the current price indicated, including VAT, to be confirmed at the time of placing the order, plus shipping costs, if due, and in any case displayed at the time of purchase. Functions and features described in the data sheets are provided by the manufacturer. Trentingusto declines all responsibility for any changes or inaccuracies. The photos used for the Product cards, while reflecting the main characteristics, may differ in color or in some detail.
4.2 – Before confirming the purchase, the Customer will be given a summary of the unit cost of each selected Product, the total order line and, in the case of the purchase of multiple Products, the total cost of the order and transport costs, if due. The order is made by confirming the order and is subject to payment of the price, taxes and shipping costs, if due, indicated in the summary.
4.3 – The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the Contract takes place when Trentingusto by Gianluca Manitta sends the Order Confirmation to the e-mail address provided by the User. If the customer does not receive any confirmation, the purchase order is considered canceled. Trentingusto by Gianluca Manitta reserves the right not to confirm an order, communicating to the Customer within 10 (ten) working days of placing the order, at the e-mail address associated with his purchase, of the unavailability of one or more of the Products purchased. In this case, Trentingusto will refund the price of the unavailable Products and, if all the purchased Products are not available, also the shipping costs if incurred by the Customer.
4.4 – The Customer will be allowed to choose one of the payment methods which will be clearly listed on the Site and which will be considered valid by Trentingusto. Trentingusto by Gianluca Manitta uses third-party tools for processing payments and does not in any way come into contact with payment data such as those relating to the credit card provided by the Customer.
4.5- Until full payment of the price of the Products ordered, these remain the property of Trentingusto by Gianluca Manitta.
4.6 – The purchase can be paid by the Customer only online through:
We accept the most common credit cards, including prepaid and rechargeable cards of the circuits: Visa, Mastercard, American Express. When paying by credit card, no supplement will be charged.
For Visa and Mastercard credit cards it is necessary to enter the CVV2 code, i.e. the last 3 digits found on the back of the card, otherwise the order will be canceled.
PayPal is an online payment system that provides for the opening of an account with PayPal. By concluding a purchase with this type of payment, a page on the PayPal site will be displayed where you can enter your personal e-mail address and password for your PayPal account, or access the procedure for creating a new one. After registration, it is possible to make payments via PayPal without having to re-enter the data, even for subsequent purchases. By choosing this payment method, the amount is charged directly to the PayPal account.
PayPal protects buyer's information. A confirmation e-mail from PayPal will be sent to each transaction performed with this method. The amount of the order is debited from the PayPal account at the time of the order. In case of cancellation, the amount will be refunded to the Customer's PayPal account.
4.7- If the customer so wishes, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information including tax code and / or VAT number, any company name and SDI Recipient Code. In this case, the invoice will be automatically sent to the Customer's tax drawer, in accordance with the law. The Customer is responsible for the correct insertion of billing data and is expressly informed that, in the event of failure to request the invoice during the order or entering incorrect data, it will not be possible to request it later or request its modification. In the event of an invoice request, the Customer is aware that he will lose the right to guarantee within the terms indicated in point 9. below, applying the legal guarantee of only one year starting from the delivery of the goods.
5. SHIPPING AND DELIVERY
5.1- Deliveries will be made by couriers selected by Trentingusto with variable times depending on the destinations, but within 30 (thirty) days from the conclusion of the Contract, as required by the Consumer Code. Please note that delivery times are only indicative and will be calculated from the day of shipment.
5.2 - Trentingusto does not assume responsibility for unforeseeable delays or not attributable to it or for any damage, loss, cost, incorrect and / or non-delivery of the Product due to force majeure or unforeseeable circumstances (eg natural disasters, adverse weather conditions , strikes, accidents, etc.).
5.3 – Trentingusto delivers the Products to the address indicated by the Customer during normal working hours.
5.4 – the Customer is required to verify, upon receipt, the conformity of the Product delivered to him with the order placed, as well as the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve; if this does not happen, the Customer will not be able to make any objection about the external characteristics of what has been delivered to him and its compliance with the order, except in any case, the application of the rules on the right of withdrawal and legal guarantee of compliance.
5.5- In case of failure to collect within the deadline set by the carrier, the Products will be returned to Trentingusto di Gianluca Manitta, who will not refund the price of the delivery, if any, and that of the Products no longer transferable to third parties (e.g. fresh food and perishable items such as meat, fish, frozen foods, fruit, vegetables, dairy products, cured meats, delicatessen product).
6. AVAILABILITY OF PRODUCTS.
6.1- Trentingusto accepts the Customer's orders within the limits of the quantities of the Products requested existing in the Suppliers' warehouses. Therefore, the acceptance by Trentingusto of the purchase proposal sent by the Customer is subject to the availability of the Products in stock. Even after sending the Order Confirmation e-mail, in the event of unavailability of some Products due to failure to supply by the Manufacturers and / or Suppliers or to other causes not foreseeable at the time of the conclusion of the order, Trentingusto will promptly notify the Customer of any unforeseeable out of stock and will refund the price of the Products ordered and not available within a maximum period of 15 (fifteen) working days from the date of collection. This amount will normally be credited to the same means of payment used by the Customer for the purchase or the other means agreed between the same and Trentingusto by Gianluca Manitta. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
6.2- The prices, descriptions or availability of the Products displayed are subject to change without notice, it being understood that the price charged to the user will be the one published on the product information sheet at the time the order is placed.
6.3- The photos inserted are indicative and may not constitute an exact representation of the Products. Trentingusto by Gianluca Manitta will do its best to present the characteristics of the Products with the greatest degree of detail possible within each tab corresponding to the Product viewed by the Customer. However, the images, colors and any other characteristics of the Products offered for sale may differ from the real ones due to multiple factors including, but not limited to, the Client's terminal monitor, photographic filters, etc. Therefore, the Customer acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the Products.
6.4- In the case of the purchase of products with variable weight (fruit, vegetables, dairy products, etc...) the measures and weight indicated on the site are indicative. Trentingusto does its best not to deviate from the required weight, however it could happen that there are slight variations, both in excess and in defect.
7. OBLIGATIONS OF THE CUSTOMER
The Customer declares and guarantees: (I) to be of age; (II) that the data provided by the same for the execution of the Contract are correct and truthful.
8. RIGHT OF WITHDRAWAL
8.1- The Customer has the right to withdraw from this Purchase Agreement for any reason, even partially and without the need to provide explanations and without any penalty, except in the cases of exclusion provided for below.
To exercise this right, the Customer must send Trentingusto a communication within 14 days from the date of receipt of the Products using the form downloadable here, or if he intends to exercise the right before having received the Products, the communication may be sent at any time before of their reception.
This communication must be sent by registered letter with return receipt addressed to:
Trentingusto by Gianluca Manitta,
Via U. Fogagnolo, 45 - 20099 Sesto San Giovanni (MI)
Or by certified e-mail to the address: firstname.lastname@example.org.
The communication can be anticipated, within the same term, by e-mail ( at email@example.com ) or telegram.
Once the communication has been received, the Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products.
8.2- The right of withdrawal is however subject to the following conditions:
- The law applies to the Product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased Product;
- In case of exercise of the right of withdrawal, Trentingusto will refund the Customer the full amount of the returned goods, including shipping costs, if applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right to suspend the refund until the actual receipt of the goods. These refunds will be made using the same payment method used by the Customer for the initial transaction.
- the Products must be returned in the same box in which they were received;
- the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
I) Product order made to measure or clearly personalized;
II) Product orders that risk deteriorating or expiring rapidly;
III) sealed Product orders that cannot be returned for hygienic reasons or related to health protection or that 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 these include Food Products (including wines, spirits and beverages), as the characteristics and 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 Trentingusto and put back on the market without endangering the health of consumers (such as, for example, gadgets, utensils kitchen, etc ...).
In the case of exclusion of the right of withdrawal, Trentingusto will return the Products purchased and returned by the same to the Customer, charging the return costs to the same, or dispose of them where necessary.
8.3- The Customer will be responsible for the decrease in value of the returned goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods.
8.4- By law, the shipping costs for returning the goods are charged to the customer. The Customer is requested to return the goods and deliver them to Trentingusto without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this Contract. The deadline is met if the Customer sends back the goods before the expiry of the 14-day period.
9. WARRANTY AND CONFORMITY DEFECTS
9.1- The Consumer Customer has the right to a guarantee on the conformity of the Products and services purchased. Except for food products, the guarantee has a duration of 24 months starting from the delivery of the goods and the lack of conformity must be communicated to Trentingusto within 2 months of discovery.
In case of conformity defects of the Product sold by Trentingusto, the Customer must immediately contact the Customer Service at the email: Servizioclienti@trentingusto.com indicating the order number and an accurate description of the defect (it is advisable to also attach photographic material) .
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Product. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the Contract.
9.2- The Customer loses these rights if he does not report the lack of conformity to Trentingusto within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter (eg foodstuffs), in which case the lack of conformity must be reported within this shortened period.
9.3- It will be Trentingusto's responsibility to collect the goods as soon as the communication is received from the Customer and in any case no later than 24 hours, in order not to cause further deterioration of the goods. The Products must be shipped with the insulating packaging and dry ice (gel packs) used for sending.
9.4- Trentingusto reserves the right to evaluate the actual deterioration of the fresh product upon return. If the existence of the alteration of the Product is not found, this will be communicated to the Customer and the price paid will not be refunded.
Any complaint can be sent to Trentingusto at the following e-mail address: Servizioclienti@trentingusto.com , or by registered letter with return receipt to the following address: Trentingusto by Gianluca Manitta, Via U. Fogagnolo, 45 - 20099 Sesto San Giovanni (MI).
12. ONLINE RESOLUTION OF CONSUMER DISPUTES (ODR)
Pursuant to art. 14 of Regulation 524/2013, we inform you that in the event of a dispute, a complaint can be made via the ODR platform of the European Union.
The ODR platform constitutes an access point for users who wish to resolve disputes arising from sales contracts or online services out of court.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
13. APPLICABLE LAW. DISPUTES.
13.1- These Terms and Conditions and in general the relations between Trentingusto and the Customers are governed by Italian law and must be interpreted in accordance with the same.
13.2- For the solution of disputes relating to the interpretation, execution or termination of these Terms and Conditions or of individual purchase orders, the court of the municipality of residence or domicile of the Customer will be exclusively competent if having the capacity of Consumer as provided to art. 3 of the Consumer Code and if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any competent court excluded.
TRENTINGUSTO adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel