REGUTA by Anselmi and Luigi Soc. Agr. S.s.
General conditions of Sale
1.1 The goods and / or services subject to the general conditions set out below are offered for sale by the Reguta di Anselmi Giuseppe and Luigi Società Agricola s.s., with registered office in Pocenia – 33050 (UD), via Bassi, n. 16, P.I. – Tax Code 01290530300, hereinafter also referred to only as “Seller”. The Seller also carries out its sales activities online through its website which can be reached at www. reguta. com and declares to want to be contacted at the following email addresses, based on the type of request:
– firstname.lastname@example.org (Invoicing);
– email@example.com (Logistics / order preparation);
– firstname.lastname@example.org (Payment control / Accounting).
1.2 The term “Buyer” means:
a) the consumer who is a natural person who purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
b) anyone who does not qualify as a consumer as a natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or an intermediary.
1.3 The terms contained in these general conditions do not deprive the buyer, in the case of a consumer, of the rights attributed to him by the laws in force and applicable, including the rights and actions referred to in Legislative Decree 6 September 1005 n. 206 (so-called Consumer Code). For other non-consumer Buyers, the provisions of the civil code will apply.
2. Object of the contract
2.1. With these conditions of sale, the Seller sells and the Buyer purchases, even remotely and through telematic tools, the products described and offered for sale on the website www.reguta.com.
2.2 The Seller reserves the right to modify these General Conditions of Sale and to publish them modified on its website. Any changes will be applied only to sales concluded after the publication of the new conditions.
3. Method of signing the contract
The contract between the Seller and the Buyer is also concluded through the internet, in this case the Buyer can access the website www. reguta. com and through the planned procedure will make the proposal to purchase the products and / or services.
4. Products and services
4.1 The main characteristics of the products, including the duration of the offer, the price (VAT including) and the delivery costs may be verified and viewed by the Buyer before the conclusion of the contract and payment.
4.2 The various types of products can be viewed in the dedicated sections of this site where, in addition to the cards indicating the characteristics of each product, even the representative images of the product itself can be published.
4.3 No tariff and / or expense is applied for access to the Reguta online sales site: navigation is in fact free.
5. Conclusion and effectiveness of the contract
5.1 Purchase orders placed through the website www.reguta.com, if complete and containing all the elements necessary to identify the products ordered and the place of delivery, will constitute the Buyer’s contractual proposal expressed online.
5.2 The order confirmation by Reguta sent by e-mail to the address indicated by the Purchaser is equivalent to acceptance of the contractual proposal.
5.3 The contract is considered concluded and is therefore binding for both parties, when the Seller sends the Order Confirmation to the Buyer.
5.4 The Seller may send the Buyer a refusal of the order and immediately reserves the right to cancel any order in the event that there are material errors in the order placed by the Buyer or in the information sent by the same through the compilation of the fields provided by the site.
5.5 All orders will be considered valid only if expressly accepted by the Seller.
6. Products and services available
6.1 The products on the website www.reguta.com can be purchased by the Buyer in the quantities available in stock at the time of the order.
6.2 In case of requests for products exceeding the quantities available, the purchase will be considered completed for those existing in stock at the time of the order. In this case, the Seller will inform the Buyer by e-mail that he can either cancel the order or integrate it with replacement products. If the Buyer decides to revoke the order, terminating the contract, the Seller will refund the amount paid within 14 days from the day on which it became aware of the Buyer’s decision to terminate the contract.
7.1 The Buyer’s payments for online purchases can only be made through one of the methods indicated on the Seller’s website (bank transfer, PayPal or cash on delivery).
7.2 In case of payment made through the PayPal service, it is specified that for each purchase the PayPal system automatically charges the amount of € 1.00 to users who are not registered / registered on the website www.paypal.com. In no case will the Seller be required to reimburse such sums to customers who use Paypal without being registered and / or registered on the website www.paypal.com. The Reguta therefore declines any responsibility in this regard.
7.3 Communications regarding payments and data communicated by the Buyer are made on special protected lines in accordance with current legislation.
8.1 All sales prices of the products advertised on the website www.reguta.com are expressed in EURO and are inclusive of VAT.
8.2 All the prices of the products on the website www.reguta.com may undergo variations and therefore be modified unilaterally by the Seller at any time.
9. Transportation costs
9.1 In case of choosing the “cash on delivery” payment method, the Buyer undertakes as of now to bear any costs of fixed rights established by the courier.
9.2 Shipping costs are in any case charged to the Buyer, unless otherwise indicated.
10. Delivery times and methods
10.1 The products ordered will be delivered to the address chosen and specified by the Buyer in the purchase order.
10.2 We make shipments and / or deliveries throughout the European territory. Transport costs are charged to the customer.
10.3 For the execution of the shipment the courier will be activated within 15 working days from the confirmation of the order. The delivery time is not to be considered essential. If it is not possible to ship the goods within the indicated times, the Buyer will be promptly notified by e-mail.
10.4 If at the time of delivery the recipient is absent, a notice will be left and the Buyer must act as soon as possible to contact the courier or forwarder in order to arrange a new delivery.
10.5 No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.
10.6 For any information or report relating to the shipment of orders, the Purchaser can contact Reguta directly by writing an email to the following address email@example.com or by calling +39 0432 779157.
11. Limitation of Liability
11.1 The Seller will not be responsible for disservices attributable to force majeure or unforeseeable circumstances, including disservices due to malfunctioning of the internet network.
11.2 In the same way, no responsibility can be charged to the Seller for any fraudulent and illegal use that third parties may make of credit cards and other means of payment used on the website www.reguta.com.
12. Buyer’s Obligations
12.1 The Buyer undertakes to pay the price of the purchased product within the times and in the manner indicated in these general conditions of sale and in the order form sent. Payment of the price is prior.
12.2 It is forbidden:
the Buyer to enter false, and / or invented, and / or fictional data in the registration procedure on the site. The personal data and e-mail must correspond to their real personal data and not those of third parties or be fictional;
to make double registrations corresponding to a single person;
enter data of third parties;
to register for minors under the age of 18.
12.3 In any case, the Purchaser, or, in the case of minors, whoever takes his place, assumes all responsibility for the aforementioned violations and undertakes to indemnify and hold the Seller harmless from any prejudicial consequence, from all losses , damages, liabilities, costs, charges and expenses, including legal ones, which may be incurred or suffered by the Seller as a consequence of any failure by the Purchaser to fulfill the obligations undertaken by him and the guarantees given by him with the acceptance of these clauses contractual.
12.4 The Seller, owner of the website www.reguta.com, reserves the right to legally pursue any violation and abuse.
13. Right of withdrawal
13.1 The possibility of cancellation or early withdrawal from the contract by the Purchaser is excluded, except as provided for by the subsequent clauses of these Conditions of Sale for anyone who qualifies as a “consumer”.
13.2 In the event of illegitimate termination, cancellation or withdrawal by the non-consumer Buyer, the Seller is henceforth authorized to withhold the sums paid by the Buyer as a penalty, without prejudice in any case to the right to compensation for the greater damage.
13.3 The Purchaser who qualifies as a “consumer” will have the right to withdraw from this contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day on which the Purchaser or a different third party by the carrier and designated by the Buyer, acquires physical possession of the ordered goods or: 1) in the case of multiple goods ordered by the Buyer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good; 2) in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece.
13.4 Before the expiry of the aforementioned withdrawal period, the Buyer-consumer may exercise the right of withdrawal by informing the Seller of his decision in the following ways:
a) using the model withdrawal form set out in Annex I, Part B, pursuant to art. 49, paragraph 1, lett. b) Legislative Decree 206/05 (so-called Consumer Code):
b) by submitting any other explicit declaration of the decision to withdraw from the contract.
13.5 The declaration of withdrawal must be sent by registered letter with acknowledgment of receipt to the following address: Reguta di Anselmi Giuseppe and Luigi Società Agricola s.s., via Bassi, n. 16, Pocenia – 33050 (UD); or via PEC at the following address: firstname.lastname@example.org.
13.6 In case of exercising the right of withdrawal, the Buyer is required to return the goods within 14 days from the day on which he communicated to the Seller his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be delivered to the Reguta di Anselmi Giuseppe and Luigi Società Agricola s.s., via Bassi, n. 16, Pocenia – 33050 (UD).
13.7 The costs necessary for the return of the products are borne by the Buyer.
13.8 The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation.
13.9 Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to the withdrawal within a maximum period of 14 days, including any shipping costs. As required by art. 56, paragraph 3, of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the reimbursement until receipt of the goods or until the Buyer demonstrates that he has returned the goods to the Reguta.
13.10 The Seller will make the refund using the same payment method chosen by the Buyer during the purchase. In the event that the goods have been paid on delivery, the refund can be made by the Seller only by bank transfer. To this end, in order to obtain a refund, the Buyer undertakes to provide the Seller with his bank details.
13.11 The Buyer acknowledges and accepts that the aforementioned right of withdrawal contained in clauses 13.3 to 13.10 is recognized, in accordance with Legislative Decree no. 206/2005, only to Buyers who qualify as “consumers”.
13.12 Pursuant to art. 57, c. 2, of Legislative Decree 206/2005, the Purchaser is responsible for the decrease in the value of the goods resulting from their handling other than that necessary to establish the nature, characteristics and functioning of the goods.
13.13 The right of withdrawal, in addition to compliance with the terms and methods specifically indicated above, will be considered valid and effective only if the following conditions are met:
- the purchased goods must be intact, without signs of opening and / or tampering as well
- complete with all attached documentation;the goods must be returned sealed and in their original packaging;
- the returned goods must be sent to the Seller in a single shipment and no later than the deadline
- 14 days from the day on which the Purchaser communicated to the Seller his intention to withdraw.
13.14 The parties agree and accept that the provisions referred to in the previous point are essential conditions for exercising the right of withdrawal.
14. Exception to the right of withdrawal
The right of withdrawal for the buyer qualifying as a “consumer” is excluded, pursuant to art. 59, first paragraph, lett. g), Consumer Code, relating to the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations can be checked by the professional.
The parties expressly agree that the obligations assumed by the Purchaser, as well as the exact fulfillment of the obligations assumed by the Seller, are essential and, consequently, the non-fulfillment of even one of them, unless determined by unforeseeable circumstances or force majeure. , will result in the legal termination of the contract pursuant to art. 1456 e.e.
16. Effectiveness and modification of the General Conditions of Sale
16.1 These General Conditions of Sale are published on the site to be
read and easily known by the Buyer before making the purchase of a product;
accepted by the Buyer at a time prior to the forwarding of the purchase order;
stored by the Buyer on their computer;
reproduced on paper by printing by the Buyer of the file in which they are contained.
16.2 The Conditions of Sale applicable to the sale of products and services are those published on the site at the date of the order for the products. The Buyer, therefore, must carry out the above operations before proceeding with any purchase.
17. Legal guarantee of conformity Cartt. 130 and 132 of Legislative Decree 206/051
17.1 The Seller is liable to the Buyer-consumer for any lack of conformity existing at the time of delivery of the goods.
17.2 In case of receipt of products that do not comply with the orders placed and / or are defective, the Buyer consumer has the right:
a) the restoration, without charge, of the conformity of the product by repairing or replacing the product, in accordance with paragraphs 3, 4, 5 and 6 of the art. 130 Legislative Decree 206/05, or
b) an appropriate reduction in the price o
c) termination of the contract, in accordance with paragraphs 7, 8 and 9 of art. 130 Legislative Decree 206/05.
17.3 Pursuant to art. 132 of Legislative Decree. The Buyer-consumer can exercise the aforementioned rights if the defect occurs within two years from delivery of the goods and if this defect is reported to the Seller within two months of its discovery.
18. Method of archiving the contract
19. Communications and complaints
19.1 Written communications to the Seller and any complaints will be considered valid only if sent to the following physical address: “Reguta di Anselmi Giuseppe and Luigi Società Agricola ss, via Bassi, n. 16, Pocenia – 33050 (UD)” or to the following certified e-mail address: email@example.com.
19.2 The Buyer must indicate in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Seller’s communications to be sent.
20. Applicable law and competent court. ODR (Online Dispute Resolution: alternative dispute resolution method)
20.1 All disputes relating to the application, execution, interpretation and violation of purchase contracts also stipulated online through the website www.reguta. com will be governed by these General Conditions and subject to Italian law and this even if carried out in whole or in part abroad.
20.2 Any disputes that may arise in relation to the mandatory relationships arising from these General Conditions, even if the obligations agreed with these General Conditions are to be performed outside the Italian State or even if one of the parties is subject to foreign law, will be subject to the jurisdiction of the Italian judge.
20.3 In any case, if the Buyer is a “consumer”, the place of jurisdiction is that of the consumer’s place of residence or domicile, if located in Italy. If the address of the Buyer-consumer or his residence are not within the Italian territory, the competent court will be that of execution of the contract.
20.4 For all other cases, the exclusive jurisdiction with territorial jurisdiction is that of Pordenone.
20.5 In compliance with the provisions of art. 14 of the EU Reg. No. 524/2013 we inform you that the user has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between seller and consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and with EU Reg. No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning
contractual obligations arising from sales or online service contracts between a consumer resident in the Union and a trader established in the Union through the intervention of an ADR entity (Alternative Dispute Resolution) he has joined it, selectable by a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, you can access the following link: http://ec.europa.eu/odr. The seller’s e-mail address to be indicated on the European ODR Platform is the following: firstname.lastname@example.org.
20.6 If you do not adhere to the conciliation attempt referred to in the previous paragraph or if this attempt should have a negative outcome, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the following are competent:
1) in the case of a Buyer who acts as a “consumer”:
– the court of the place of residence or domicile of the same, if located in Italy;
– the court of execution of the contract, in the event that the domicile or residence is not within the Italian territory;
2) in all other cases, the jurisdiction with exclusive jurisdiction is that of Udine.
21. Confirmation of having read the general conditions of sale and the unfair clauses
The computer system relating to the compilation of the order is such as to prevent the confirmation and validation of the same in the absence of an explicit command given by the Buyer and aimed at confirming that he has read the conditions of sale and the unfair clauses. .