- Scope of application and registration of users on the Site
The General Conditions of Sale are applied to all sales made on the site www.cantinamurales.it. The company reserves the right to modify the General Conditions of Sale at any time. Any changes to these General Conditions of Sale will be effective from the moment of their publication in the "Conditions of Sale" section of the Site and will be in force for all orders placed from that moment on until the publication of new General Conditions of Sale.
The territory of applicability of the General Conditions of Sale is the Italian territory. www.cantinamurales.it is not responsible for the sale of products and services by other subjects that are called up on the Site through hypertext links. www.cantinamurales.it does not carry out any checks on these sites and is therefore not responsible for any omissions, inaccuracies or violations of the law.
Access to the products on the Site and to the sales offers is limited to users who have reached the age of 18 and who have previously registered on the Site. Registration on the Site is free of charge and requires acceptance of the General Conditions of Sale which if not accepted does not allow to place orders on the Site. The identifier with which the registered user can access the Site cannot be transferred or used by third parties.
The user guarantees that the personal information provided during the registration process on the Site is complete and true. The user agrees to keep www.cantinamurales.it free from any obligation to compensate and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site. By registering on the Site the user agrees to receive at his e-mail address communications sent by e-mail indicating the opening dates of sales.
If the user no longer wishes to receive e-mails containing commercial information, he can proceed to the description from the pages of the Site in his personal area called "My Account".
- Direct information on the conclusion of the contract
In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, www.cantinamurales.it informs the user that: to conclude the purchase contract for one or more products on the Site, the user must complete an order form in electronic format and send it to www.cantinamurales.it, electronically, following the instructions that will appear from time to time on the Site and which will accompany the various stages of the purchase; the contract is concluded when www.cantinamurales.it register the order form, after checking the correctness of the order and payment data; before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase; once the order form has been registered and confirmation of authorization to pay the total amount due has been received, www.cantinamurales.it will send the user, via e-mail to the indicated e-mail address, the order confirmation and the payment receipt, containing a summary of the General Conditions of Sale, information relating to the characteristics of the product purchased, detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, the shipping costs and any additional costs as well as the indication of the Customer Service, to which the user can contact for assistance and / or present complaints. It is recommended to keep the e-mail received as proof of purchase; the order form will be filed in the database of www.cantinamurales.it for the time necessary to process the order and, in any case, in accordance with the law. To access your order form, the user can consult the "Profile - My orders" section of the Site where he will find a list of all orders placed.
- Validity of offers and prices
All prices of the products on sale on the Site are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"). Shipping costs and any other additional costs, inclusive of VAT and expressed in Euros (€), will be expressly and separately indicated in the order form before the user proceeds with the transmission of the same as well as on the confirmation e-mail of the 'order. The price of the products can be changed without notice, it being understood that the price charged to the user will be the one published on the product sheet when the order is sent. The products will remain the property of www.cantinamurales.it until payment by the user of the purchase price, shipping costs and any other additional costs.
- Purchase orders and product availability
www.cantinamurales.it will process the purchase order only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, shipping costs and any other additional costs, as indicated in the order form. www.cantinamurales.it reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with whom disputes are pending. The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same product at the same time, that the ordered product is no longer available after the transmission of the purchase order. In any case of unavailability of the ordered product, the customer will be promptly informed by e-mail and the purchase order will be canceled. If the payment has already been made, www.cantinamurales.it will refund the total amount paid by the user - consisting of the purchase price, shipping costs and any other additional costs - immediately, and in any case within thirty days from the day after sending order. The refund amount will be communicated via e-mail and credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit.
- Delivery of purchased products
The delivery times of each product will be specifically indicated during the purchase procedure and, in any case, before the completion of the same. In the event of failure to indicate a specific delivery term, it will, in any case, take place within thirty days from the one following the sending of the order.
The delivery of the purchased products can only take place at the postal address specified by the user in the order form. The ordered products will be sent to the postal address specified by the user in the order form. Upon delivery of the products to the courier, an e-mail confirming the shipment will be sent to the user in which the tracking number will be indicated through which he can check the status of the shipment. Deliveries will be made through Monday to Friday, during normal office hours, excluding national holidays.
Delivery is considered completed when the product is made available to the user at the delivery address specified in the order form. Delivery to the floor is not foreseen. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (so-called notice of passage). The postcard will indicate the telephone number that the user must contact to request that the courier make a second delivery attempt. After two failed delivery attempts, the package will go "in stock". As soon as the package goes "in stock", the Customer Service will contact the user in order to unlock the stock and make sure that the package is delivered to him as soon as possible. If necessary, the Customer Service may agree with the user to change the delivery address. In the event that the delivery attempt subsequent to the Customer Service contact also fails or if the user does not respond to the Customer Service contact attempt, the package will be sent back to www.cantinamurales.it and the user will be notified of this by e-mail.
The user acknowledges that, thirty (30) days after the parcel is sent back to www.cantinamurales.it, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian civil code. Contract terminated, www.cantinamurales.it will refund the total amount paid by the user, minus the costs of unsuccessful delivery of the product as well as the costs. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the means or payment solution used by the user for the purchase.
In the event that, before the thirty days have elapsed, the user asks to receive the purchased product again, www.cantinamurales.it will proceed to the new delivery, after charging, in addition to the costs of the same, the costs of returning the product to www.cantinamurales.it. In the event that the purchased product is not delivered or is delivered late, the user can lodge a complaint with the Customer Service by accessing the "Contacts" section of the Site. www.cantinamurales.it will examine the complaint and, if it appears that the non-delivery or the delay in delivery are attributable to www.cantinamurales.it and are not due to unforeseeable circumstances or force majeure, without prejudice to the possibility for the user to make use of the ordinary means of protection made available to him by law; in the case of non-delivery, www.cantinamurales.it will reimburse the total amount paid by the user - consisting of the purchase price, shipping costs and any other additional costs - immediately, and in any case within thirty days from the day on which user is notified of the outcome of the complaint; in case of delivery with a delay of more than twenty (20) days, if the user wants to keep the purchased product, www.cantinamurales.it will reimburse the shipping costs paid by the user immediately, and in any case within thirty days from the day on which the user is informed of the outcome of the complaint. If, however, the user does not want to keep the product purchased, www.cantinamurales.it will refund the total amount paid by the user - consisting of the purchase price, shipping costs and any other additional costs - immediately, and in any case within thirty days from the day in which the user is notified of the outcome of the complaint; It is up to the recipient to check the conditions of the product that has been delivered to him. In the event that the package shows obvious signs of tampering or alteration, the user must accept the delivery with reserve and promptly notify the Customer Service, by accessing the "Customer Service - Contacts" section of the Site. The application of the provisions remains unaffected referred to in Articles 6 (right of withdrawal) and 8 (guarantees and non-conformity of the products) of these General Conditions of Sale.
- Right of withdrawal
The user who purchased products through the Site has the right to withdraw from the contract concluded with www.cantinamurales.it, without any penalty and without specifying the reason, within ten (10) working days from the date of receipt of the goods. It is specified that Saturday is not considered a working day.
To exercise the right of withdrawal, the user must:
- send the notice of withdrawal, by accessing the "Customer Service" section of the Site, and following the instructions that appear in that section;
- indicate the IBAN code on which to credit the refund.
- within ten working days from the date of receipt of the goods, arrange for the shipment of the product (s) purchased, suitably protected and packed (if possible in the original packaging), accompanied by the carrier from any accessories.
Pursuant to art. 67, paragraph II, Consumer Code, the essential integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Therefore, the products must not have been damaged or altered. send the goods to be returned to the following address: Locanda Murales Srls, Località Piliezzu 1, 07026 Olbia (SS). In accordance with art. 67, IV paragraph, Consumer Code, only after receipt of the product (s) and only after having positively verified compliance with the terms and conditions for exercising the right of withdrawal and the integrity of the products, as specified in point 3 that comes before, www.cantinamurales.it will proceed, in the shortest possible time, and, in any case, within thirty days from the date on which www.cantinamurales.it it became aware of the exercise of the right of withdrawal, the reimbursement of the amounts paid by the user. The refund amount will be communicated via e-mail and credited to the means or payment solution used for the purchase.
- Terms of payment
The payment of the products purchased on the Site is made by credit card as indicated on the site. At the time of transmission of the order, no charge will be made on the credit card used by the user for payment. The charge will be made only after (i) the data of the credit card used by the user for the payment have been verified and (ii) the company issuing the credit card used by the user has issued the authorization for the debit . The commercial invoice or tax receipt will be automatically issued when the goods ordered are sent to the recipient. On the occasion of the first purchase, the user will be asked to communicate the data for the header of the invoice, including the tax code. He may subsequently modify these data. The invoice for each purchase will be available in the "My Account" section. In case of non-payment, www.cantinamurales.it will charge the costs relating to the management of the unpaid to the user and will refuse the related purchase order, communicating it by e-mail.
- Legal guarantees and non-conformity of the products
The images and colors of the products published on the Site may differ from the real ones due to the settings of the computer systems and / or the computers used by the user for their display. www.cantinamurales.it undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, starting from the reporting of the same. The reporting of these errors can be made by contacting Customer Service by accessing the "Contacts" section of the Site.
Legal Guarantee of Conformity All products sold on the Site are covered by the Legal Guarantee of Conformity foreseen by articles 128-135 of Legislative Decree n. 206/2005 ("Consumer Code") ("Legal Guarantee"). The Legal Guarantee is reserved for consumers. In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate that the user, for the purposes of this proof, keep the purchase invoice or receipt, which www.cantinamurales.it send him, or any other document that can attest to the date of the purchase (for example, the credit card statement). Any failures or malfunctions or other defects caused by accidental events or by the user's responsibility or by a use of the product not in accordance with its intended use are excluded from the scope of the Legal Guarantee.
Remedies available to the user In the event of a lack of conformity duly reported in the terms, the user has the right: primarily, to replace the goods free of charge, unless objectively impossible (product no longer available). In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact the Customer Service of www.cantinamurales.it, by writing to firstname.lastname@example.org, also to agree on how to ship the goods. As far as compatible, all the other provisions of art. 8.1.9 above.
Refund or reduction as a result of the application of the Legal Guarantee In the event of termination of the contract, www.cantinamurales.it will return to the user the total amount paid, consisting of the purchase price, shipping costs and any other additional costs. The amount of the refund or reduction will be communicated to the user by e-mail and credited to the means or payment solution used by the user for the purchase. www.cantinamurales.it is not responsible in case of damages, of any nature, deriving from the use of the product in an improper way and / or not in conformity with the instructions provided by the manufacturer, as well as in case of damages deriving from fortuitous event or force majeure.
- Disclaimer of liability in the event of force majeure
In no case www.cantinamurales.it may be held responsible for the failure to fulfill any of the obligations deriving therefrom from these General Conditions of Sale in the event that the failure is caused by unforeseeable circumstances and / or force majeure, including, but not limited to, catastrophes natural, terrorist acts, network malfunctions and / or blackouts.
These General Conditions of Sale together with the Special Conditions, if applicable, represent the entirety of the agreements between www.cantinamurales.it and users of the Site with reference to sales made through the Site.
- Applicable law and jurisdiction
The contracts concluded between the users of the Site and www.cantinamurales.it are regulated by Italian law. In particular, the provisions of articles 50 and ss. of the Consumer Code. For any dispute relating to the application, execution, interpretation of these General Conditions of Sale, the Court of Tempio Pausania is competent.
- Suspension and / or modification and / or termination of the sale on the Site
www.cantinamurales.it reserves the right to suspend, modify or terminate the sale on the Site. www.cantinamurales.it cannot in any way be held responsible towards the user or third parties for such suspension, modification or termination.
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