GENERAL INFORMATION
These General Terms and Conditions of Sale govern the purchase of products carried out remotely via the website www.santomiele.it (hereinafter referred to as the “Site”), owned by Santomiele s.r.l., via Salita San Giuseppe, 84060 Prignano Cilento (SA), Italy, VAT No. 03553290655, Tel. +39 0974 833275, Email info@santomiele.it (hereinafter referred to as the “Company”).
Each purchase transaction shall be regulated in accordance with the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information related to the conclusion of the contract shall comply with Article 12 of Legislative Decree 70/03, and privacy protection shall adhere to the provisions of Legislative Decree 196/03.
VAT Identification Number: 03553290655
Tax Code: 03553290655
Company Name: Santomiele s.r.l.
Head Office Information
Address: Via Salita San Giuseppe, 84060 Prignano Cilento (SA), Italy
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
Sales contracts for products on the Site are deemed concluded when the purchase order is received by the Company and the latter accepts it. The Company will promptly send the customer an acknowledgment of receipt for the purchase order.
By submitting their purchase order electronically, the customer declares that they have read and accepted these General Terms and Conditions of Sale and undertakes to comply with them in their dealings with the Company.
PROCESSING OF PERSONAL DATA
Pursuant to Article 13 of Legislative Decree 196/2003, the Company informs that personal and fiscal data, obtained verbally or in writing in relation to established commercial relationships, provided directly by the data subjects, or otherwise acquired as part of the Company’s activities, will be processed in compliance with the aforementioned legislation, including the confidentiality obligations it prescribes.
With regard to such data, the rights provided under Article 7 of Legislative Decree 196/2003 may be exercised.
CUSTOMER OBLIGATIONS
The Customer is required to carefully read these General Terms and Conditions of Sale before submitting their purchase order. Submitting the purchase order implies full knowledge and acceptance of these terms.
Finally, once the online purchase procedure is completed, the Customer must print and retain these General Terms and Conditions of Sale, which were already reviewed and accepted during the contract conclusion phase.
DEFINITION OF THE ORDER
By placing an online order, the Customer submits to the Company a purchase proposal for the product(s) added to the shopping cart. When the Customer places an online order for the products in the cart, they agree to purchase them at the price and under the terms outlined in these General Terms and Conditions of Sale.
The Company will notify the Customer of the acceptance and confirmation of the order.
Specifically, the Company will not accept orders:
- if the Customer cannot or does not wish to pay using methods such as credit cards via Synergia by BCC.
- if the item is not available in stock at the time of the order; and/or
PURCHASE METHODS AND DELIVERY TIMES
All orders placed will be processed within 12 working days. Orders are shipped via selected couriers at a cost of €14 for Italy, €50 for Europe, and €80 for the rest of the world.
The Customer purchases the product, the characteristics of which are described online in the relevant technical and descriptive sheets, at the price indicated, plus delivery charges as specified on the website. Before submitting the purchase order, a summary is provided showing the unit cost of each selected product, the total cost in the case of purchasing multiple products, and the applicable delivery charges.
Once the purchase order has been submitted, the Customer will receive an email from the Company confirming receipt of the order. The email will include the main details of the purchased item, a detailed breakdown of the price, delivery costs, applicable taxes, payment methods, and a reference to the general terms of the contract, as well as information regarding the right of withdrawal, its conditions, and methods as displayed on the website.
Following the approval of Decree Law 4 July 2006, No. 223 (“manovra bis”), Article 37, paragraphs 8 and 9, converted into Law 248 of 4 August 2006, effective from 12 August 2006, which reinstates the obligation to communicate the list of clients and suppliers in the case of invoice issuance, and Decree Law 78 of 31 May 2010, converted into Law 122 of 30 July 2010, it is necessary to request Customers to provide their VAT number and Tax Code in the appropriate fields on the website.
PAYMENT
The Customer may make payment by choosing one of the following methods:
- Cash on delivery: Cash on delivery is accepted only if payment is made in cash or via cashier’s cheque. Consequently, pursuant to and for the purposes of Article 1197 of the Civil Code, payments made with a personal cheque will not be accepted. This surcharge is exclusively attributable to the courier selected and used by the Company.
- Payment by credit card: If the Customer wishes to pay via credit card, they can use the Synergia by BCC payment procedure, which ensures the confidentiality of the information provided by Customers. For further information and additional legal agreements, Customers are advised to visit http://www.sinergia.bcc.it/.
DELIVERY OF PRODUCTS
The purchased item, along with the corresponding invoice, is delivered by courier to the address specified by the Customer when placing the online order. Any specific requirements must be communicated by the Customer to the Company.
In the event of non-delivery due to the recipient’s absence at the address provided in the order, the courier will leave a notice and attempt delivery a second time. If the recipient is still absent, the goods will be returned to the Company’s address.
CONFORMITY GUARANTEE
Products purchased on the Site are subject to the regulations governing the sale of consumer goods. The delivered products conform to the characteristics described online in their respective descriptive and technical sheets.
The Company is responsible to the Customer for any conformity defects present at the time of product delivery.
RIGHT OF WITHDRAWAL
The consumer has the right to exercise the right of withdrawal. Specifically, the consumer may withdraw from any contract concluded with the Company, without any penalty and without providing a reason, within 10 (ten) working days from the date of receipt of the goods.
The right of withdrawal is granted to the consumer for any goods purchased on the Site.
METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending a written communication to the Company’s address via registered letter with acknowledgment of receipt, within the specified period. The withdrawal communication may also be sent by other means, provided it is confirmed via registered letter with acknowledgment of receipt within the following 48 hours.
The communication must be sent to the following address:
Santomiele s.r.l.
Via Salita San Giuseppe,
84060 Prignano Cilento (SA), Italy
If the product has already been delivered, the Customer must return it to the Company within 15 (fifteen) working days from the date of delivery and/or in any case no later than the expiration date. The product must be returned to the Company in its original, undamaged condition and packaging. A copy of the electronic order receipt must be included with the returned product.
The return shipping costs are the responsibility of the Customer. If the Customer exercises the right of withdrawal in accordance with the provisions of this clause, the Company is obliged to refund the amounts paid by the Customer. Specifically, the Company will process the refund for the cost of the returned product, including shipping fees, within 30 (thirty) days from the date it was notified of the Customer’s exercise of the right of withdrawal. This will be carried out via the credit institution that issued the credit card used for payment or by crediting the amount to the bank account specified by the Customer.
The Company reserves the right to reject any returned product that does not comply with the conditions specified above, including products for which the Customer has not fully paid the return shipping costs or has failed to adhere to the specified methods and deadlines for communicating the exercise of the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the product, the Company reserves the right, pursuant to and for the purposes of Article 1456 of the Civil Code, to terminate this contract by sending written notice to the Customer’s email address.
COMPLAINTS
For any complaints or clarifications, the Customer must contact info@santomiele.it. The Customer will be contacted for clarification within 3 (three) working days of the request.
APPLICABLE LAW AND JURISDICTION
This contract is governed by Italian law. The exclusive jurisdiction and venue for any legal action brought by the Buyer under this warranty or any additional legal warranties shall be the Court of Vallo della Lucania.
Should the Company prevail in any legal action, the plaintiff must reimburse the Company for its expenses, including legal fees and court costs, incurred in defending itself.