Legal notice
1. Introduction and effectiveness of the General Conditions
The purpose of these general terms and conditions of sale (hereinafter, the "General Terms and Conditions") is to regulate the purchase of products, made at a distance and made available, via the Internet, from the site www.belotticonserve.it (hereinafter, the "Site") in compliance with Italian law as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The seller of the products and owner of the Site is: F.lli Belotti s.r.l. with registered office in Abbazia di Albino, Via Tribulina 12 - 24021 (BG) Italy, Register Office: REA Bergamo n. 120766 - Share Capital: Euro 46,800.00 i.v. - VAT No. 00244220166 - E-mail address: info@belotticonserve.it (hereinafter "Belotti").
The consumer who accesses the Website to make purchases (hereinafter the "Customer") is obliged, before sending the order, to carefully read these General Terms and Conditions, which have been made available to him/her on the Website and which will be available for consultation at any time by the Customer, including through the link contained in the confirmation email of each order to allow him/her to reproduce and memorise them.
In the event that the person making purchases on the Website requires the issuance of an invoice and/or is not a "consumer or user" as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the regulations on withdrawal set out in art. 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the Consumer Code apply only to "consumers" will not apply.
Contracts concluded with Belotti through the Site are governed by these General Terms and Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and ordering Products
The characteristics and price of the various products for sale on the Website (hereinafter referred to as "Product" or "Products") are shown on the page relating to each Product.
In order to purchase Products, the Customer shall fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the "Shopping Cart" and, after having read the General Terms and Conditions and the Privacy Policy and confirmed their acceptance, shall enter the shipping and possible invoicing data, select the desired payment method and confirm the order.
By sending the order from the Website, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase process and to fully accept these General Terms and Conditions and the transcribed payment terms.
The contract entered into between Belotti and the Customer shall be deemed to be concluded upon acceptance of the order by Belotti. This acceptance shall be communicated to the Customer by means of an email confirming the order itself, containing the order number, the shipping and billing details, the list of Products ordered with their essential characteristics and the total price, including delivery charges. The Customer will check the confirmation email and if he/she identifies any errors in the order, he/she will have 12 hours from receipt of that email to contact Customer Service directly from the Site using the contact form accessible through the "CONTACT US" tab. After this time, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights under article 7 below.
Once the order has been received, Belotti will check stock availability in order to process the order. In the event that one or more Products are not available, Belotti Customer Service will promptly notify the Customer by email, who, within the next 12 hours, will have the right to reply to confirm the shipment of any further available Products or cancel it. In the event of no reply within this term, the order will be considered confirmed and the available Products will be shipped. In this case, the full amount relative to the missing Products will be reversed or in any case, depending on the payment method chosen, will not be charged to the Customer.
3. Information on the Products
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
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 their characteristics and quality, but may differ in colour and size.
4. Prices
The prices of the products are inclusive of all taxes and duties. All prices are in Euro.
5. Payment and Invoicing
The Customer may pay the price of the Products and related delivery charges by credit card, PayPal and bank transfer.
Credit Card
The circuits on which it is possible to purchase within the Site are:
Visa / Visa Electron
Mastercard
American Express
To guarantee maximum security, the Customer will make the payment transaction directly on the bank's secure server.
The Site does not store the Customer's credit card number, but thanks to the secure communication system of the reference credit institute, from the second charge, the Customer who so wishes - by selecting the appropriate option - will be able to proceed with the purchase without entering his or her data again. The bank of reference uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.
Bank transfer
The Customer shall make the transfer within 3 days from the date of the order. If this does not occur, the order shall be cancelled and the goods made available again for purchase by other Customers. The Customer who has not made the bank transfer may be contacted by Customer Service in order to clarify whether the reason for the failure to credit the order is due to the Customer's desire not to confirm the purchase or to other causes.
Data for the bank transfer: c/c: BELOTTI S.R.L.
IBAN: IT78 B050 3452 4800 0000 0002 429
BIC: BAPPIT21AA8
Bank: Credito Bergamasco Gruppo Banco Popolare
Reason for payment: the Customer shall indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email (e.g. "Order no. 12345 of 01/01/15 ").
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the "Shipping Information" field.
All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding public holidays and national holidays. Belotti shall not be liable for delays that cannot be foreseen or attributed to it.
Once the Products have been dispatched, the Customer will receive a confirmation email which will include a link to refer to for shipment tracking.
In any event, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days from the day following the day on which Belotti confirmed the order to the Customer by means of an order confirmation email.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the Customer shall send Belotti a notice within 14 days from the date of receipt of the Products by registered mail. Furthermore, if the Customer intends to exercise the right of withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
Such communication shall be sent by registered letter with return receipt, addressed to:
F.lli Belotti s.r.l.
Via Tribulina 12
24021 Abbazia di Albino (BG) Italy
Belotti's Customer Service will provide, once the communication has been received, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will be done by the courier indicated by Belotti 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 right of withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal, Belotti will refund the Customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to Belotti's right to suspend payment of the refund until 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 the case of bank transfer, it shall be the Customer's responsibility to 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 be able to guarantee that the return is free of charge pursuant to Article 8 below, the Products must not have been damaged and/or altered and must be returned in the same packaging in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014
- order of Products made to measure or clearly customised;
- order of Products that are liable to deteriorate or expire rapidly;
- order of sealed Products that are not suitable to be returned for hygienic reasons 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 Products that "risk deteriorating or expiring rapidly" include all foodstuffs (including wines, spirits and beverages) and cosmetics, as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and Customer protection, the right of withdrawal is applicable only to Products purchased on the Website that can be returned to Belotti and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases where the right of withdrawal is excluded, Belotti will return the purchased Products to the Customer, charging the latter for the shipping costs.
8. Free return in case of exercise of the right of withdrawal
As a more favourable condition for the Customer, Belotti will fully bear the shipping costs for the return of the Products in the event that the right of withdrawal is exercised.
In order to benefit from such free shipping, the Customer who intends to exercise the right of withdrawal shall follow the procedure indicated in article 7 above and wait to be contacted by Belotti to agree on the return of the Products to the courier.
9. Warranty and Conformity Defects
In the event of conformity defects in Products sold by Belotti, the Customer shall immediately contact Customer Service using the contact form accessible on the Site through the "CONTACT US" tab.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code shall apply to the sale of Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by means of replacement, or to an appropriate price reduction, or to the termination of the contract. The Customer shall forfeit these rights if he does not report the conformity defect to Belotti within two months from the date on which he discovered the defect, unless the Product is, by its nature, perishable or subject to expiry within a shorter period, in which case the defect must be reported within this reduced period.
10. Errors and limitations of liability
The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which, therefore, Belotti cannot be held liable, except in cases of intent or gross negligence.
Belotti reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of an indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfilment, even partial, of an order.
11. Complaints
Any complaints must be forwarded to Belotti using the appropriate contact form accessible directly on the Website via the "CONTACT US" tab, or by registered mail with return receipt to the following address:
F.lli Belotti s.r.l.
Via Tribulina 12
24021 Abbazia di Albino (BG) Italy
Belotti undertakes to reply to all requests received within a maximum of 7 working days.
12. Applicable law and competent court
The sales contract between the Customer and Belotti is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the Court of his place of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bergamo, any other jurisdiction being excluded.
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Pursuant to Article 1341 of the Italian Civil Code, the Customer declares having read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).
