Terms of Purchase
These general conditions govern online purchases made through the website www.oronellaterra.com owned by Oro nella Terra Srls via del Guastatore 9 – 6700 L’Aquila (AQ) | VAT and tax code 02154500660 and managed by it.
GENERAL PROVISIONS
1.1. These general conditions of sale (hereinafter, “General Conditions” and/or “GTS”) are applicable to all sales of products (hereinafter, “Products” or “Product”) concluded remotely through the website www. oronellaterra.com (hereinafter, “Site”).
1.2. The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), understood as natural persons who act for purposes unrelated to their trade, craft, business or professional activity possibly carried out, over 18 years of age (or, if minors, authorized by whoever exercises parental authority by law).
1.3. The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow knowledge of them as well as memorization and reproduction by the Customer pursuant to article 12, paragraph 3, of Legislative Decree 9 April 2003, no. 70 (“Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce” – hereinafter, the “E-commerce Decree”). A copy of the General Conditions will in any case be sent by the company Oro nella Terra Srls owner (as defined below) to the Customer, by e-mail in accordance with the following paragraph 7 of these GCS. The contracts concluded with the Customers will be archived by the owner ALFE GOLD s.a.s., with the possibility for the Customers to access them on the Site through their own account. By using this site, you unconditionally agree to the terms and conditions of use indicated below, which may however be modified, at any time and without notice, by Oro nella Terra Srls according to its unquestionable discretion; Your use of the Site after the aforementioned modifications will be considered as an unconditional acceptance of the terms and conditions as modified. The information, images, photographs, brands, products and in general the elements and material that you will find on this Site are disclosed for promotional and advertising purposes only; You may download or copy such information and materials for personal, non-commercial use only. 1.4. Contracts concluded with Oro nella Terra Srls through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 and subsequent amendments (hereinafter, the “Consumer Code”) and by the aforementioned E-commerce Decree.
SELLER IDENTIFICATION
2.1. The seller is Oro nella Terra Srls, with registered office in via del Guastatore 9 – 6700 L’Aquila (AQ) | VAT and tax code 02154500660 e-mail: info@oronellaterra.com.
INFORMATION RELATING TO PRODUCTS AND THEIR AVAILABILITY
3.1. The information relating to the Products, with the relative product codes, are available on the Site where the Customer will find details of the main characteristics of the individual Products.
3.2. The Site does not contain all the Products. The Products represent a selection of the items normally available in the shop. The graphic representation of the Products proposed on the Site may be different from reality. For any further information, the Customer may contact the owner.
3.3. All Products are subject to current availability. Oro nella Terra Srls reserves the right to vary the limits on the quantities and/or types of Products that can be purchased online on the Site at any time. The style, models and colors of the Products described on the Site may be changed without notice. During the transaction procedure, an automatic response will inform the Customer of the time required to process the order.
PRICE
4.1. The prices of the Products are expressed on the Site in Euros and are inclusive of all applicable taxes or duties. The delivery costs (8) where applicable) must be added to the prices of the Products, highlighted separately in the order form.
4.2. Oro nella Terra Srls constantly verifies that all the prices indicated on the Site are correct, without this, however, being able to guarantee the absence of errors. In the event that an error relating to the price of a Product is found, Oro nella Terra Srls will give the Customer the option of reconfirming the order of the Products at the correct price or canceling it.
4.3. The information contained on the Site does not constitute an offer by Oro nella Terra Srls
PURCHASING METHOD
5.1. The essential characteristics and prices of the Products are shown in the offer relating to each Product on the Site.
5.2. Before sending an order proposal, Customers are invited to make sure they have read and understood the instructions provided during the purchase procedure and these General Conditions, since they will be binding once the contract has been concluded. To purchase the Products, the Customer must complete and send Oro nella Terra Srls the form with the order proposal in electronic format, following the instructions contained on the Site. The Customer must insert the Product in the appropriate “cart” and, after having viewed and accepted the General Conditions, with particular reference to the contribution for delivery costs and the conditions on the right of withdrawal, as well as after having viewed the Privacy Policy, you will have to select the desired payment method and choose the ” proceed with the order”.
5.3. If the Customer needs to correct any data entry errors, he must follow the specific modification procedure indicated on the Site, before submitting his order proposal. In particular, the Customer has the right to change the quantity of Products he intends to purchase, by adding or removing one or more Products from the “cart”.
5.4. By sending the order proposal to Oro nella Terra Srls, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and accepts the General Conditions in full.
5.5. Without prejudice to the use of the data described in the Privacy Policy and subject to the express consent of the Customer, the form with the order proposal and the Customer’s data relating to the order proposal will be kept by Oro nella Terra Srls for the period of time required by current legislation.
METHODS OF PAYMENT
6.1. Oro nella Terra Srls accepts payments made with: Visa MasterCard PayPal 6.3. The transaction will be charged to the Customer’s credit card only after: (i) the credit card details have been verified; (ii) the debit authorization has been received from the company issuing the credit card used by the Customer and (iii) the availability of the Product has been confirmed by Oro nella Terra Srls and therefore after the order will be ready to be escaped.
6.4. In the event that, for whatever reason, the debiting of the amounts due by the Customer proves impossible, the purchase process will be automatically canceled and the purchase automatically cancelled.
CONCLUSION OF THE CONTRACT
7.1. The contract stipulated between Oro nella Terra Srls and the Customer must be considered concluded when the Customer receives confirmation from Oro nella Terra Srls that his order proposal – sent in compliance with the purchase procedure indicated on the Website – has been successful, following the verification of the availability of the Product and the charge of the price on the Customer’s credit card. The order proposal sent by the Customer will be binding for Oro nella Terra Srls only if the entire purchase procedure has been completed regularly and correctly, without any error being highlighted by the Site.
7.2. Oro nella Terra Srls reserves the right to partially process the order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially processed order will be charged.
7.3. Oro nella Terra Srls is not liable for malfunctions caused by the data transmission network operator.
7.4. In compliance with the provisions of article 13 of the E-commerce Decree, at the time of order confirmation or execution of the contract, Oro nella Terra Srls will send the Customer, by e-mail, a summary of the General Conditions, information relating to the essential characteristics of the Products purchased, detailed indication of the price and means of payment, information on delivery costs, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of personalized products, the address of Oro nella Terra Srls to which complaints can be made, information on assistance services and existing commercial guarantees. The Customer must immediately check the content of the communication and immediately report any errors or omissions to Oro nella Terra Srls.
INVALIDITY OF THE ORDER PROPOSAL
8.1. Notwithstanding the provisions of paragraph 7 above, no order proposal shall be considered accepted by Oro nella Terra Srls and
No contract must be considered concluded between this and the Customer if Oro nella Terra Srls has reasonable and well-founded reason to believe that the Customer: (i) intends to purchase the Products for purposes related to his own or others’ business or professional activity, in compliance with the provisions from paragraph 1.2 of these General Conditions; or (ii) does not operate on the basis of an effective and genuine interest in the purchase of the Products ordered, or (iii) exercises the right of withdrawal recognized by paragraph 13 in an abusive manner.
8.2. In such cases, the order proposal sent by the Customer must be considered invalid and ineffective. Oro nella Terra Srls will send the Customer, by e-mail, a communication certifying the non-acceptance of the order proposal by Oro nella Terra Srls and the non-conclusion of the contract, also taking care of the cancellation of any debit and /o expense charged to the customer.
SHIPPING TRANSPORTATION AND DELIVERY
9.1. For security reasons, the Products purchased on the Site will be delivered to the address registered on the credit card, unless otherwise indicated by the Customer and at the time of delivery the signature of the Customer or a delegate over the age of 18 will be required. deliveries to post office boxes.
9.2. For each order placed on the Site, Oro nella Terra Srls issues a receipt for the shipped Products, sending it by e-mail or post to the order holder, pursuant to D.P.R. 445/2000 and Legislative Decree 52/2004. For the issuance of the receipt, the information provided by the Customer at the time of the order is valid. No change in the receipt will be possible after the issuance of the same.
9.3. Delivery costs are charged to the customer and are clearly indicated in the order form.
9.4. All purchases will be delivered by selected courier (hereinafter, “Courier”) from Monday to Friday, excluding Saturdays, public holidays and local or national holidays. Oro nella Terra Srls is not responsible for unforeseeable delays and/or delays attributable only to the Courier against which the complaints of the case must be made. Delivery times are 8/12 working days.
9.5. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with article 61 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the conclusion of the contract in compliance with paragraph
7.1 above, unless Oro nella Terra Srls communicates – within the same term or by the final date agreed for delivery, also by e-mail – the impossibility of delivering the Products ordered following the unavailability, even temporary, of the Products. In the event of such communication, Oro nella Terra Srls will refund any sums already paid by the Customer for the payment of the supply.
9.6. In the event that, following notification from Oro nella Terra Srls of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the date of receipt by Oro nella Terra Srls of the notice of cancellation of the order with the exception of customized Products, in accordance with the provisions of paragraph 12 below.
9.7. For the delivery of the Products, the presence of the Customer or his representative is required at the address of the recipient indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check: (i) that the number of packages delivered corresponds to what is indicated in the transport document (DDT); (ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials. Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the Courier’s proof of delivery. Once the Courier’s document has been signed without the Customer having made any objection, the Customer will not be able to make any objection regarding the external characteristics of the delivered package.
SHIPPING AND DELIVERY CONFIRMATION
10.1. Oro nella Terra Srls will send the Customer a confirmation e-mail once the Products have been shipped.
PACKAGING OR PACKAGING
11.1. The Products purchased on the Site are delivered with the institutional packaging “Oro nella Terra” as is the case in our shop.
RETURNS AND REFUNDS FOR CUSTOMIZED PRODUCTS
12.1. In compliance with the provisions of article 59, paragraph 1, letter c), of the Consumer Code, the right of withdrawal, cancellation or return, which would otherwise be available, is excluded in the event
of orders relating to customized Products, for example items with names and/or writings specifically requested in the order by engraving the Customer’s initials on the Product, without prejudice to paragraph 15 below or in the case of the creation of products based on specific indications of the Client both literal and figurative. With regard to these customizations, the Customer acknowledges that the graphic representation proposed on the Site may be different from reality: in fact, the images and photographs of the engraving may not reflect the actual appearance of the final product.
RIGHT OF WITHDRAWAL AND ORDER CANCELLATION
13.2. To exercise the right of withdrawal, the Customer may choose one of the following methods:
Online, through the dedicated “Request Withdrawal” section available on the Website, where it is possible to:
– identify the order (by accessing the personal account or by entering the Order Number and e-mail address);
– select the product(s) for which the withdrawal request is being made (full or partial withdrawal);
– complete and submit the withdrawal form, accepting the Privacy Policy and these Terms and Conditions, with the option to add a note;
– receive a confirmation e-mail containing the date, time and details of the request;
– subsequently receive a communication with the outcome of the request and instructions for the possible return of the product.
Alternatively, the Customer may send an e-mail to info@oronellaterra.com including:
– the intention to exercise the right of withdrawal pursuant to Article 52 of the Italian Consumer Code;
– the indication of the product(s) subject to the withdrawal;
– the order number provided at the time of the purchase confirmation.
PRODUCT REPLACEMENT
14.2. Any Customer who is not completely satisfied with the product or finds that it does not conform to the order must retain all documentation relating to the delivery and keep the product in its original packaging. A replacement request may be submitted:
– online, through the “Request Withdrawal” section of the Website, by following the guided procedure to select the order, the product(s) concerned and submit the request;
– or by sending an e-mail to info@oronellaterra.com, indicating the order number, the product concerned and the reason for the request.
Oro nella Terra Srls will process the request, notify the Customer of the outcome by e-mail and provide instructions for the possible return or replacement of the product.
15. DEFECTS OF CONFORMITY 15.1. If a Product sold by Oro nella Terra Srls should present a manufacturing defect and in any case for any lack of conformity relating to Products sold by Oro nella Terra Srls, the Customer must immediately contact the online assistance at the address: info@oronellaterra. com.
ERRORS OR INACCURACIES
16.1. Oro nella Terra Srls undertakes to provide constantly updated information in the sections of the Site relating to the description and/or sale of the Products and will do its best so that the description and/or photographic representation of the products on the site is as faithful as possible to the products themselves . However, it is not possible to guarantee the complete absence of errors and, taking into account the methods of digital presentation of the products, it is possible that the perception by the Customer of the description or graphic representation of the products does not correspond exactly to the product itself Oro nella Terra Srls yes reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to modify or update information at any time without prior notice.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1. Oro nella Terra Srls guarantees the authenticity of all the Products purchased on the Site. The Products are made with the best materials, are packaged by craftsmen, and are all strictly and entirely MADE IN ITALY.
17.2. The information, images, photographs, trademarks and in general the elements and materials made available through this Site are and will remain the exclusive property of Oro nella Terra Srls; therefore, the partial or total reproduction (with the sole exception of personal and non-commercial use), the distribution, publication, transmission, modification, in whole or in part, and the sale of the information, images, photographs, brands, products and in general of the elements and all the material contained in this Site.
APPLICABLE LAW AND JURISDICTION
18.1. These General Conditions are governed by Italian law and must be interpreted in accordance with Italian law. 18.2. For disputes arising from the interpretation, validity and/or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the Customer/consumer.
CONTACT US
19.1. For further information and assistance on the Site or on the online purchase methods, the Customer can contact Oro nella Terra Srls at the following e-mail address: info@oronellaterra.com or at the following address: Oro nella Terra Srls registered office via del Sapper 9 – 6700 L’Aquila (AQ) | VAT and tax code 02154500660
PRIVACY </ strong>
The Customer, having acquired the information provided by the data controller pursuant to art. 13 of Legislative Decree 196/2003, gives his consent to the processing of his personal data for the purposes indicated in the aforementioned information as necessary to allow the Data Controller to correctly manage the relationship and appropriate processing of the data.
