General Conditions of Sale
These general conditions of online sale (hereafter "CGV") govern the contract of sale (hereafter, the "Contract") of the products (hereafter, the "product" or "products") offered by
FB s.a.s. by Alessandra Corbelli Via Fratelli Cervi, 130/c - 42100 Reggio Emilia P.iva 02581300353 E-mail: firstname.lastname@example.org
below, "Seller") - through its website www.glutaly.it (below, the "site") to the users of the site (below, the "customers" or the "customer").
These general conditions of sale are intended to refer only and exclusively to customers who can be qualified as "consumers" pursuant to art. 3, co. 1(a) of Legislative Decree No 206 of 6 September 2005, i.e. "natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out", as well as adults.
All the information contained on the site is in Italian. The customer declares, having seen all the aforementioned information and general conditions of sale, before placing the order.
The customer, before placing the order of the product, declares that the purchase of that product has no direct relationship with his professional activity, being their purchase intended for personal use.
The customer also declares that he has the legal capacity to engage in accordance with the provisions of these general conditions.
1 - Subject matter
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store www.glutaly.it
2 - Territory and coverage of the offer
This version of the general conditions of sale relates exclusively to sales made to consumers who have their domicile or residence in Italy.
3 - Contract documents
This agreement consists of the following documents:
• these general conditions of sale
• order confirmation
Photographs illustrating the products on the site do not fall within the contractual scope and are reported for descriptive purposes only.
4 - Order receipt
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for in this contract to the articles "Right of withdrawal" and "Execution of the order".
5 - Order acceptance
The conclusion of the contract will take place only at the time of confirmation of the order by FB s.a.s. by Alessandra Corbelli
The customer will receive by e-mail a notification of receipt showing the confirmation of the order with all the constituent elements of the contract (including ordered products, prices, delivery dates, shipping costs).
FB s.a.s. by Alessandra Corbelli reserves the right not to confirm an order for any reason related in particular to a product supply problem, or to a problem regarding the order received.
FB s.a.s. by Alessandra Corbelli cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. FB s.a.s. of Alessandra Corbelli cannot also be held responsible for any damage that may have occurred to the products after delivery to the carrier in charge of their transport as well as for delays in delivery to the latter attributable to them.
6 - Product availability
The offers contained on this site will be valid as long as the products listed remain online and while stocks last.
FB s.a.s. of Alessandra Corbelli also reserves the right to communicate to the customer, at the email address associated with her profile, the possible unavailability of one or more of the products purchased. In the case of purchase of product no longer available FB s.a.s. by Alessandra Corbelli will refund (on the payment card or on the PayPal account indicated by the same for the purchase or by bank transfer whose details are intended to be communicated after registration) of the price and shipping costs possibly incurred by the customer.
7 - Prices - Invoice
The prices are expressed in Euro and do not include VAT which will be charged at checkout.
The guaranteed price to the buyer is the one published on the site at the time of submission.
The prices of the products are final. They do not include any delivery costs, which will be indicated in the order confirmation. The starting price on which the discount is applied is the official list price provided by the brand.
8 - Payment
The customer who intends to proceed with the purchase of the products must express this will through a request made directly on the site, in the section specially dedicated, where, following the procedures indicated therein, he will send his purchase order and make the payment.
Payment of the fee is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of products and transport) through the available payment methods.
The customer guarantees FB s.a.s. alessandra Corbelli to have any authorizations necessary to use the payment instrument indicated at the order stage.
In case of non-receipt by FB s.a.s. of Alessandra Corbelli of the payment, FB s.a.s. of Alessandra Corbelli reserves the right to cancel the order. In the case of payment by credit card, FB s.a.s. of Alessandra Corbelli reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, FB s.a.s. of Alessandra Corbelli may refuse payment and cancel the order.
Payment data will be processed through a secure server-to-server connection using secure sockets layer (SSL).
9 - Risk transfer
The transfer of risks to the customer takes place at the delivery of the products to the conveyor by FB s.a.s. of Alessandra Corbelli In the withdrawal period mentioned in article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product during the customer's custody, the customer will suffer all the consequences.
10 - Execution of the order
The order will be executed in the terms specified on the Site and at the acceptance of the order by FB s.a.s. of Alessandra Corbelli and in any case within 30 days following the confirmation of the order subject to the availability of the ordered product and unless specifically agreed between the parties.
In case of depletion of the stock or unavailability of the ordered product, FB s.a.s. of Alessandra Corbelli undertakes to inform the customer as soon as possible and to specify a possible deadline for renewed availability.
See Article 6 on the availability of products.
11 - Delivery
The geographical delivery zone corresponds to the geographical coverage area of the offer. Deliveries are made from Monday to Friday.
The products are delivered to the address indicated by the customer. Delivery is understood on the street floor unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the customer at the time of final confirmation of the order. Unless otherwise specified during the purchase phase, FB s.a.s. by Alessandra Corbelli does not provide the installation service of the products sold.
FB s.a.s. by Alessandra Corbelli without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier in charge of transporting them. FB s.a.s. by Alessandra Corbelli cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. FB s.a.s. of Alessandra Corbelli cannot also be held responsible for any damage that may have occurred to the products after delivery to the carrier in charge of transporting the same as well as for delays in delivery to the latter attributable to them.
In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, the risk of damage and perimento of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of what is delivered. In this case, any dispute must be made directly by you against the carrier. FB s.a.s. by Alessandra Corbelli performs deliveries throughout italy. Deliveries in uncomfortable ZIP codes (e.g. Venezia Laguna) may result in changes in the transport rates indicated.
If the customer intends to place a purchase order through the site from abroad, he must communicate a delivery address in Italy. The delivery is made through couriers selected by FB s.a.s. by Alessandra Corbelli; postal boxes are not considered valid addresses for delivery purposes.
The delivery document issued by the carrier, dated and signed by the customer on delivery of the product will constitute a test regarding the transport and release of the goods.
On delivery, the customer will need to verify the content, compliance and status of the product(s). Therefore, on delivery, FB s.a.s. by Alessandra Corbelli recommends the customer to proceed with the verification of the status of the products delivered before signing the receiving document.
If anomalies are found, the customer must refuse the delivery of the products or put in writing his reservations, detailed and dated. These reserves must be confirmed to FB s.a.s. by Alessandra Corbelli by registered mail with receipt of return within three (3) working days following the delivery of the products.
12 - Withdrawal of products in case of customer absence
In case of absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the recipient even on the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of non-collection within the deadline established by the carrier, the products will be returned to FB s.a.s. of Alessandra Corbelliwho reserves the right to refund the price of the products, leaving the costs of shipping, storage and return borne by the customer.
13- Right of withdrawal
Our website offers food products that by their nature are perishable and have an expiration date for which in general withdrawal is not allowed as required by Art. 59 of the Consumer Code Sub 1. letters d) and c) under recall, the general legislation is reported if non-food products are sold.
The customer has the right to withdraw from the Contract, without indicating the reasons, starting from the receipt of the order confirmation sent by FB s.a.s. of Alessandra Corbelli no later than 14 days from receipt of the product to the address indicated for delivery.
The date reported by the shipping tracking is fully proof of receipt of the goods.
In order to exercise the right of withdrawal, the customer is required to inform FB s.a.s. of Alessandra Corbelli through an explicit declaration (for example, letter sent by post,fax or e-mail to be sent to the address info@ glutaly.it Forthis purpose the customer may use the type of withdrawal form that the seller will send, but it is not mandatory. The communication must include an indication of the addressee's details, order number and date of receipt. To comply with the withdrawal deadline, it is sufficient for the customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the product has already been delivered, the customer is required to return it to FB s.a.s. of Alessandra Corbelli without undue delay and in any case within 14 days from the day on which the customer communicated the withdrawal. The product is intended to be returned at the time it is delivered to the post office and/or accepting courier. The customer is responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If there has been delivery of the product, the substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. The customer must ship the properly packaged and packaged product; FB s.a.s. by Alessandra Corbelli does not accept damaged returns, but kept in normal state of preservation, kept with the use of normal diligence. Products damaged by detergents/additives, or products damaged by the customer by incompetence, will not be replaced or refunded. The customer must insert a copy of the received delivery document inside the packing box. The transport risks for the return of the products are borne in full by the customer. The costs of returning the asset to FB s.a.s. by Alessandra Corbelli are borne by the customer.
If the customer requests withdrawal from this contract, he will be refunded the payment he made to FB s.a.s. of Alessandra Corbelli no later than 14 days from the day of receipt of the intact return at his warehouses. This refund will be made using the same means of payment that the customer has chosen for the initial transaction, unless the customer has expressly agreed otherwise.
The refund will take place, within fourteen days from the date on which FB s.a.s. of Alessandra Corbelli received in its warehouses the product returned in accordance with the above.
As provided for in Article 59 of the Consumer Code, the right of withdrawal governed by these conditions of sale does not apply to custom-made or clearly customized goods or that, by their nature, cannot be sent back or risk deteriorating or altering rapidly.
1. The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated outside commercial premises is excluded in respect of:
(a) service contracts after the full provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the seller;
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is unable to control and which may occur during the withdrawal period;
(c) the supply of custom-made or clearly customized goods;
(d) the supply of goods likely to deteriorate or expire rapidly;
(c) the supply of sealed goods which are not suitable for return for hygienic or health protection reasons and which have been opened after delivery;
(f) the supply of goods which, after delivery, are, by their nature, inextbly mixed with other goods;
(g) the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can take place only after thirty days and whose actual value depends on fluctuations on the market which cannot be controlled by the seller;
(h) contracts in which the consumer has specifically requested a visit from the seller for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the seller provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary for maintenance or repairs, the right of withdrawal shall apply to such additional services or goods;
(i) the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery;
(l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
(m) contracts concluded at a public auction;
n) the provision of housing for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of execution;
o) the provision of digital content through a non-material medium if the execution began with the express agreement of the consumer and with his acceptance that in that case he would lose the right of withdrawal.)
14 - Warranty
In order to guarantee high quality standards, the products are subjected to quality control procedures by FB s.a.s. alessandra Corbelli before being shipped. However, in the event of inconvenience, the customer benefits from the legal guarantee from the manufacturer lasting 24 months.
In any case, the products sold benefit from the legal guarantee against hidden defects provided for in Articles 1641 and later of the Civil Code.
Finally, some products enjoy a warranty extension. In these cases, the modalities and duration of the warranty are specified in the warranty certificate delivered together with the product. The latter does not cover damage, breakage or malfunctions due to non-compliance with the precautions of use.
For the activation of the warranty, the customer returns the product to FB s.a.s. of Alessandra Corbelli at his own expense by attaching the original order receipt to it.
The product will be replaced with an identical product and sent to the customer at the expense of FB s.a.s. of Alessandra Corbelli,except in case of unavailability or discontinued production of the product itself. In the latter case, FB s.a.s. by Alessandra Corbelli will refund the price of the product to the customer.
15 - Use of the site
The product descriptions and images on the site correspond to what is made available by the suppliers of FB s.a.s. alessandra Corbelli to FB s.a.s. by Alessandra Corbelli herself. The photographs and videos of the presentation of the products accompanying the descriptive information are published on the site as a descriptive way, taking into account the fact that the quality of the images, including an exact display of color variations, may depend on software and computer tools used by the customer at the time of connection to the site. FB s.a.s. by Alessandra Corbelli assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.
16 - Intellectual and industrial property rights
FB s.a.s. by Alessandra Corbelli informs that the site, as well as all trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any purpose they take place. FB s.a.s. by Alessandra Corbelli reserves the right to take legal action to protect these aspects. FB s.a.s. of Alessandra Corbelli assumes no responsibility for the trademarks and other distinctive signs that appear on the products it markets on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
17 - Protection of personal data
PFB s.a.s. by Alessandra Corbelli is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information relating to the processing of personal data, including the rights referred to in art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the www.glutaly.it or available on the Privacy page published on our site.
18 - Electronic signature
The "validation click" is an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
19 - Full contract
These general conditions of sale constitute the full obligations of the parties.
No other general or special condition communicated by the customer may enter or go beyond these general conditions.
20 - Nullity
If one or more provisions of these general conditions are considered invalid or declared invalid in application of a law, legislation or as a result of a final decision taken by a competent court, the other provisions shall retain all their strength and value.
21 - Communications
For any communication you can contact GLUTALY at the following contact details:
FB s.a.s. by Alessandra Corbelli Via Fratelli Cervi, 130/c - 42100 Reggio Emilia P.iva 02581300353 E-mail: email@example.com
22 - Applicable Law and Competent Court
The sales contract concluded between the Customer and FB s.a.s. of Alessandra Corbelliis considered concluded in Italy and regulated by Italian law, in particular by the provisions provided for by the Civil Code, legislative decree 185/99 relating to distance contracts, Legislative Decree 70/2003 relating to contracts concluded electronically, the Consumer Code and any additions and modifications. For the resolution of all disputes arising from the sales contract between FB s.a.s. of Alessandra Corbelli and the Customer, only the Judicial Offices of the Court of Reggio Emilia will be competent, except in the event that the Customer has acted and concluded this contract as Consumer for purposes unrelated to the entrepreneurial or professional activity carried out. In this case, the Forum of the place where the Customer has his residence or domicile, if located on the territory of the Italian State, will be exclusively competent.