GENERAL TERMS AND CONDITIONS OF SALE - PRE-CONTRACTUAL INFORMATION - WITHDRAWAL - PRIVACY
GENERAL INFORMATION ON THE SELLER AND APPLICABLE RULES
These general conditions of sale (hereinafter, "General Conditions") govern the purchase of products and services, made remotely via the Internet through the e-commerce platform www.ndujart.it (hereinafter referred to as "Site") in compliance with Italian law under Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code"). The seller of the products and owner of the site is "Commerciando S.R.L." with registered office in Piazza Europa, 9 - 87100 (CS) Cosenza - VAT number 03589480783 (hereinafter also 'seller or the selling company') registered with the Chamber of Commerce of Cosenza under no. Rea CS 246980, in the person of the managing director Carlo Stumpo, tel. and fax number 09841758060, PEC firstname.lastname@example.org. The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these Terms and Conditions, to be understood (see below) as pre-contractual information, which have been made available to him on the Site and will be available at all times by the customer through the link, attachments or text contained in the confirmation email sent before and after each order to allow the reproduction and storage. In the event that the person making purchases on the Site requires the issuance of an invoice and / or otherwise is not a "consumer or user" as defined in art. 3, paragraph 1, letter. a) of the Consumer Code, will not apply the discipline of withdrawal under art. 7 and 8 of these Terms and Conditions nor, more generally, the provisions that under the same Consumer Code apply only to "consumers". The contracts concluded with Commerciando S.R.L. through the Site are governed by these General Conditions in accordance with Italian law.
With the transmission of this document, the selling company also offers the consumer the pre-contractual information referred to in Article 1 of Legislative Decree 21/14 and in accordance with Articles 45 et seq. of Legislative Decree 206/05.
Before, therefore, to finalize the payment, the consumer agrees to receive, by clicking on the appropriate checkbox required, on a durable medium (email or pdf attached to email) the following document containing all the legal information to identify the seller and inform the buyer of the rights enjoyed in accordance with the provisions of the Consumer Code.
The information provided will then form an integral part of the distance contract or the contract negotiated away from business premises, in the event of confirmation of the order, and can not be changed except with the express consent of the parties.
The characteristics and price of the various products on sale on the Site (hereinafter "Product" or "Products") are listed on the page relating to each item. Each product has a dedicated sheet indicating the name of the manufacturer and all the main characteristics of the article. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet Esigue variations between these photographs and the reality do not constitute defects of conformity. For all products sold, the producer's responsibility applies. In the case of packaged products, the manufacturer is also responsible for the truthfulness and completeness of the information on the packaging and labels.
PRODUCT SELECTION AND ORDERING PROCEDURE
In compliance with the current legislation of the Italian Republic, the sale of alcoholic beverages is permitted only to consumers who are eighteen years of age or older. The user of Commerciando S.R.L. who, by purchasing alcoholic products, confirms his acceptance of these sales conditions, declares under his own responsibility that he has the age requirements required by law.
The Customer may pay the price of the Products and the related delivery costs by cash on delivery, Paypal and bank transfer.
I. Cash on delivery: payment will be made upon receipt of the Products and can only be made in cash. This service has an additional cost of € 3.00 on the total order, except for increases that will be communicated and / or reported in the cart before the completion of the order process.
II. PayPal: once the order is confirmed, the customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in accordance with the relevant conditions. Obviously, the customer is responsible for the costs of Paypal commissions.
III. Bank transfer: made out to Commerciando S.R.L. IBAN: IT95 J054 2416 2010 0000 1010697. Obviously the customer is responsible for the costs of bank fees.
TRANSPORT AND DELIVERY
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate section "addresses" All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and public holidays. Commerciando S.R.L. is not responsible for unforeseeable delays or those not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email in which will be included a link, if available, to refer to for tracking the shipment. In any case, except in cases of bigger force or chance, the Products ordered will be delivered within an indicative period of 7 (seven) working days from the day following the day on which Commerciando S.R.L. has confirmed the order to the Customer through a special order confirmation email. Active delivery services in Italy: MBE. The service includes 1 delivery attempt at the address indicated at the time of the order. A notice will be left after the transfer. If the consignee cannot be traced or is absent, exceeding the period of storage allowed by the carrier, the goods will be returned to the warehouse. The seller is not responsible in case of failure to collect the package in stock, which can not constitute grounds for complaint and / or refund. In the event that the customer wants again the goods not delivered for complete storage and returned to the warehouse of the seller, may request a new delivery (by PEC and / or collection a / r - email@example.com; Commerciando S.r.l. Piazza Europa 9 87100 Cosenza - no later than 30 days after the return of the goods to the seller) upon payment of other shipping costs.
RIGHT OF WITHDRAWAL - COMPLAINTS
The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without any penalty, except in cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Commerciando S.R.L. a communication no later than 14 days from the date of receipt of the products. In the event that the person making purchases on the Site requires the issuance of an invoice and / or otherwise is not a "consumer or user" as defined in art. 3, paragraph 1, letter. a) of the Consumer Code, will not apply the discipline of withdrawal nor, more generally, the provisions that under the same Consumer Code apply only to "consumers". This communication must be sent by registered letter with return receipt, addressed to: "Commerciando S.R.L." - Piazza Europa 9, 87100 Cosenza (CS) Italy. The Customer Service of Commerciando S.R.L., once received the communication, will open a file for the management of the return and will communicate to the customer instructions on how to return the Products, which will be done by courier indicated by Commerciando S.R.L. itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
II. In case of exercising the right of withdrawal Commerciando S.R.L. will refund the customer the full amount of the returned goods, excluding shipping costs, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Commerciando S.R.L. to suspend payment of the refund until the actual receipt of the goods. The refund will be made using the same method of payment used by the customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery payment, the Customer shall provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to ensure the free of charge return pursuant to Article 8 below, the Products must be returned in the same box in which they were received, not damaged, not altered, not opened by the protective packaging. In case of irreparable damage, the customer will not receive a refund.
IV. In addition to the cases indicated in the Foreword (customer who is not a consumer and/or who requests the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014: - order of products made to measure or clearly personalized; - order of products that are likely to deteriorate or expire rapidly; - order of sealed products that are not suitable for return for reasons of hygiene or related to health protection and / or that have been opened after delivery. With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk deteriorating or expiring rapidly" include both all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of products are subject to alteration as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable to Products purchased on the Site that can be returned to Commerciando S.R.L. and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc..). If the customer also intends to return goods subject to exclusion from the right of withdrawal (pursuant to art. 59 letter. b) of Legislative Decree 21/2014), Commerciando S.R.L. will refuse the package and / or will return the Products to the customer, charging him, in this case, the new shipping costs.
For any complaint and / or reporting and / or request for information you can contact the party selling the products and owner of the site www.ndujart.it, company "Commerciando S.R.L." with headquarters in Piazza Europa, 9 - 87100 (CS) Cosenza - VAT 03589480783 registered with the Chamber of Commerce of Cosenza Rea CS 246980, in the person of the administrator p.t. ing. Carlo Stumpo, tel and fax 09841758060, email firstname.lastname@example.org, PEC email@example.com.
Commerciando S.r.l. invites the user to regularly consult this Policy in order to know the latest updated version and to be always informed about the operations of collection and use of Personal Data by the same. In the event of changes that significantly affect the rights of the registered user Commerciando S.r.l. will inform registered users by e-mail and the communication will be made with reasonable notice.
1. WHO IS THE OLDER?
1.1 Commerciando S.r.l., with registered office in Piazza Europa 9, 87100 (CS), P. Iva: 03589480783, hereinafter "Commerciando" or the "Owner"), in carrying out its activities pays the utmost attention to the security and confidentiality of personal data.
Commerciando deals with:
managing the Site (e.g. Site operation, cookies, e-commerce);
organizing activities relating to the virtual store and managing the purchase of products and services from the virtual store.
2. WHICH PERSONAL DATA CONCERNING YOU MAY BE COLLECTED
2.1 The Holder may autonomously collect for his business certain categories of personal data concerning him (the term "Personal Data" means all the categories listed below, considered together). In particular, in their respective activities, the Owner may collect:
Contact data - name, surname, address, telephone number, e-mail address and any other data you provide voluntarily within the Site to place orders online and to register.
Demographic data and interests - data that describe your demographic characteristics or habits, such as date of birth, age or age group, gender, geographical origin (zip/postal code), favorite products, hobbies.
Payment details - information about your purchase and payment (e.g. credit/debit card number, IBAN). These data will be processed only to the extent necessary.
Social Log-In - information relating to your Social account as well as other data you provide to the Social Network used to log-in to the Site, which may be disclosed based on the privacy preferences that you have set on that Social Network.
2.2 Commerciando will not process Personal Data concerning personal beliefs, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information relating to health, sex life or sexual orientation (hereinafter "Special Categories of Data"). In the event that it is necessary to process the Particular Categories of Data, Traders undertake to process such data in accordance with applicable law. The legal basis for such processing is, as a rule, the fulfillment of a legal obligation, it being understood that Commerciando will seek your explicit consent if there is no concrete legal obligation for the processing of such Data.
3. HOW WE COLLECT YOUR PERSONAL DATA
3.1 The Holder may collect and process your Personal Data, according to their respective activities, in the manner described below.
3.2 By collecting your Personal Data, Commerciando collects your Personal Data:
if you register on the Site or you will register through apps, social networks or other websites in the ownership or availability of Commerciando
if you make online purchases or subscribe to loyalty programs, or prize events;
if you subscribe to the newsletter related to the virtual store.
if you are contacted by our customer service;
if you provide your Personal Data in physical stores (e.g. in the context of promotional activities, prize events, on the occasion of participation in courses and events, request for information and subscription to loyalty programs, etc.).
4. MANDATORY OR OPTIONAL NATURE OF THE PROVISION OF DATA AND CONSEQUENCES OF A REFUSAL TO PROVIDE THE DATA
4.1 The Personal Data required for registration to the Sites or identified with an asterisk in the forms relating to the various activities are necessary to allow the registration itself, as are the data required to enable the use of the function of purchase and / or booking and / or order online or for the provision of the specific service requested. Unnecessary Personal Data are not identified with an asterisk in the various forms and may not be returned without any consequence.
5. FOR WHICH PURPOSES YOUR PERSONAL DATA MAY BE USED
The Data Controller may process your Personal Data for one or more of the purposes set out below and on the basis of the legal basis indicated from time to time.
5.1 Your Contact Data and Payment Data may be processed by the Data Controller in order to process your purchase order formulated by filling in the appropriate form on the Site (see examples at letter A below).
A) Fulfillment of purchase orders formulated through the Site and activities related to the management of orders (e.g.: providing e-commerce services, customer service sales and after-sales, communications with the customer on the status of the order, receive his requests for information regarding the products purchased, management of payments, reporting, home delivery and / or collection by you at the agreed point of sale, etc..), and to ensure the proper fulfillment of obligations under the law.
Prerequisite for processing for the purposes referred to in 5.1: execution of a contract of which the person concerned is a party and fulfillment of the legal obligations related to that contract. The conferment is mandatory to fulfill your order, otherwise we can not give way.
B) Site Registration, also through the Social Log-In system - to simplify registration operations by using the information already provided to your Social Network.
Prerequisite for processing for the purpose referred to in point 5.2: fulfillment of contractual obligations, to allow you to register on the Site, provided that You are not required to use the Social Log-In to complete the registration.
5.3 The Personal Data provided by You may be processed by Commerciando for the management of Your personal account on the Site.
C) Account management in case of registration to the Site for the use of the related services. The use of the Site does not require the creation of a personal account, however, to access some pages reserved for registered users, you must create one and become, in this way, a registered user.
Prerequisite for processing for the purpose referred to in point 5.3: execution of pre-contractual measures required by the data subject and execution of a contract to which the data subject is a party. The conferment is mandatory for the creation and management of the account, otherwise we can not give course.
5.4 Your contact details and payment details may be processed by Commerciando for the purpose of managing any loyalty programs and/or to adhere to the above conventions, as well as for the possible issue of the relative card and allow you to take advantage of the relative premiums and/or discounts connected to such programs and/or conventions. The conferment is required to allow participation in such programs and agreements, otherwise we can not give course (see examples in the letter D below).
D) Adhere to and execute the loyalty programs organized by the Owner (eg cashback) and / or agreements between Trading and various entities (both public and private) and to proceed with the issuance and management and enjoyment of any premiums and / or discounts related to programs and / or agreements.
Prerequisite for processing for the purpose referred to in point 5.4: execution of a contract of which the person concerned is a party and fulfillment of the legal obligations related to that contract.
5.5 Your Contact Data may be processed by Commerciando for marketing and advertising purposes (also personalized, in the case of consent given pursuant to point G below), using automated contact methods (e-mail, SMS and other mass messaging tools, etc.) and traditional contact methods (for example, paper mail, telephone calls with operators) or for market research and statistical surveys, if you give us your consent and within the limits described in the relevant formula. Your contact data may also be processed by Commerciando for the periodic sending of communications aimed at informing you about sales promotions, including periodic ones (e.g. Newsletters aimed at keeping you updated on products and services or initiatives promoted by the Owner), (see example at letter E below).
5.6 Failure to give consent to marketing activities does not have consequences on contractual relations. The consent can be revoked at any time by writing to firstname.lastname@example.org, expressly stating to revoke your consent to such processing, providing your name and your surname, so that we can proceed with the management of your request. In addition, you may at any time object to the receipt of promotional communications through these methods of contact.
E) Marketing activities; sending of newsletters for the promotion of products and services similar to that of a previous purchase.
Prerequisite for processing for the purposes referred to in point 5.5: the express consent of the person concerned.
5.7 Your contact data relating only to your e-mail address may be used by Commerciando for promotional purposes relating to products and services similar to those covered by your purchase (see example at letter F below).
Your right to object to such processing from the outset remains unaffected (i) through the appropriate link at the end of each e-mail, (ii) by writing to email@example.com and expressly expressing your consent to such processing, providing your name and surname, so that we can proceed with the management of your request.
F) Following a purchase on the Site, the user may receive the Newsletter relating to similar products or services offered on the Site.
Conditions for processing: legitimate interest of Commerciando to maintain an effective contractual relationship with you.
5. 8 The Data Controller may use the Personal Data for profiling purposes including, but not limited to, the processing of Personal Data relating to your choices, purchasing habits and preferences, the geographical area of reference, analysis of data relating to any registration to the Site and use of the same, goods or services purchased, consumption range, level of expenditure incurred, active services, frequency of use, as well as for the creation of profiles (individual and/or aggregated) for the improvement of services and/or products offered by Commerciando, as well as for the provision of personalized commercial communications that may be of interest to you in the event of consent pursuant to point E) above. The profiling activity may also be carried out using the data collected for the purposes referred to in point D) above. Failure to give consent to profiling activities does not have consequences on contractual relations. The consent can be revoked at any time by writing to firstname.lastname@example.org expressly expressing to revoke your consent to such processing, providing your name and your surname so that we can proceed with the management of your request.
G) Profiling activities
Condition for processing: the consent of the person concerned.
5.9 Your Personal Data may be processed by Commerciando to defend its rights or act or even make claims against you or third parties (see example at letter H below). You have the right to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him carried out by the Owner for the pursuit of his legitimate interest. The request for opposition should be addressed to the following e-mail address: email@example.com
H) Defense of rights in the course of judicial, administrative or extra-judicial proceedings and in the context of disputes arising in connection with the services offered.
Condition for processing: legitimate interest of Commerciando in the protection of its rights.
5.10 Your Personal Data may be processed by the Data Controller to analyze and improve its services with a view to customer satisfaction by measuring the degree of customer satisfaction with regard to the services and/or products provided (e.g. purchases, provision of courses, events, etc.) and to collect other useful information in order to adapt its processes to what emerges from the survey itself (see example in letter H below). You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you carried out by the Owner for the pursuit of his legitimate interest. The request for opposition should be addressed to the following e-mail address: firstname.lastname@example.org.
H) Analysis and improvement of services
Condition for processing: legitimate interest of Commerciando in maintaining an effective contractual relationship with you.
6. HOW WE KEEP YOUR PERSONAL DATA SECURE
6.1 Trader uses appropriate security measures to improve the protection, security, integrity and accessibility of Your Personal Data. All of Your Personal Data is stored on our secure servers (or properly stored paper copies) or on those of our suppliers, and is accessible and usable in accordance with our security standards and policies (or equivalent standards for our suppliers).
7. HOW LONG WE RETAIN YOUR DATA
7.1 The Owner shall keep your personal data only for the time necessary to achieve the purposes for which they were collected or for any other legitimate purpose related.
7.2 Your personal data that is no longer necessary, or for which there is no longer a legal basis for its storage, will be irreversibly anonymized or destroyed in a secure manner.
8. WITH WHOM WE CAN SHARE YOUR PERSONAL DATA
8.1 Your Personal Data may be accessed by other companies with which Commerciando has entered into commercial agreements as independent data controllers and / or controllers, as well as employees of the duly authorized, as well as external suppliers, appointed, if necessary, data controllers, who provide support for the provision of services.
8.2 We invite you to contact us at the following addresses if you wish to ask to view the list of data processors and other subjects to whom we disclose Personal Data: email@example.com
9. DATA TRANSFER TO NON-UNION COUNTRIES
9.1 By trading, you may transfer your Data to countries outside the European Union (EU) or the European Economic Area (EEA) (hereinafter referred to as "Third Countries") whose data protection laws may be of lower standards than those of the EEA. In the latter case, the Holder will ensure that all Your Data accessible outside the EEA is processed with appropriate safeguards. The Holder will provide adequate safeguards and protections for such cross-border transfers, in accordance with the provisions of data protection legislation, including the use of Standard Contract Terms approved by the European Commission, Codes of Conduct and/or Binding Business Rules. These clauses impose similar data protection obligations directly on the recipient, unless we are permitted by applicable data protection law to transfer data without such formalities. Some third countries, such as Canada and Switzerland, have been authorized by the European Commission as they provide protection similar to EEA data protection law, and therefore no additional legal protection is required.
10.1 The Holder's contact details are as follows:
Company name: Commerciando S.r.l.
Tax code and VAT number: 03589480783;
Registered office: in Piazza Europa 9, 87100 (CS) Cosenza, Italy;
PEC address: firstname.lastname@example.org
E-mail address: email@example.com
11. YOUR DATA PROTECTION RIGHTS AND YOUR RIGHT TO COMPLAIN TO THE SUPERVISORY AUTHORITY
11.1 Pursuant to Art. 12 of the GDPR You have the right to ask:
a. access to your personal data;
b. the copy of the personal data you have provided us with (so-called portability);
c. the rectification of the data in our possession;
d. the deletion of any data for which the Holder no longer has any legal basis for the processing;
e. the revocation of your consent, if the processing is based on consent;
f. the limitation of the way in which the Owner processes your personal data, within the limits provided for by current legislation.
11.2 Right of opposition: You have the right to oppose at any time, for reasons related to your particular situation, the processing of personal data concerning him carried out by the owner for the pursuit of his legitimate interest. The request for opposition should be addressed to the following e-mail address: firstname.lastname@example.org
11.3 The exercise of the above rights is subject to certain exceptions aimed at safeguarding the public interest (e.g. the prevention or identification of crimes) and interests of the Owner. In the event that you exercise any of the above rights, it will be the responsibility of the Holder to verify that you are entitled to exercise them and you will be responded to, as a rule, no later than one month.
11.4 The Holder will make every effort to respond to your concerns in the event of any complaints or reports on how your data will be processed. However, if you wish, you may submit your complaints or reports to the data protection authority, using the relevant contact details: Personal Data Protection Authority - E-mail: email@example.com - Certified mail: firstname.lastname@example.org.
Thank you for your kind attention.