Terms of service
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General conditions") Have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the website pasticceriaottagono.it (hereinafter, the"Site") In compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter,"Consumer Code”).
The seller of the products and owner of the site is: Bar L'Ottagono di Lo Faro C. & M., corso San vito, 71, Mascalucia 95030, PI: 02477820878, TEL: +39 0957273466, MAIL: firstname.lastname@example.org ( below "Octagon”).
The consumer who accesses the Site to make purchases (hereinafter "Customer") Is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site.
2. Choose and order the Products
The characteristics and the price of the various products for sale on the Site (hereinafter "Product" or "Products") Are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contract proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between Ottagono and the Customer must be considered concluded with the acceptance of the order by Ottagono. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours of time from the receipt of this email to contact Customer Service directly from the Site. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.
Once the order is received, Ottagono will check the availability of stocks for the fulfillment of the order. In the event that one or more Products are not available, the Ottagono Customer Service will promptly send an email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, Ottagono will process the order with the Products available. In both cases, the amount relating to the missing Products will be reversed immediately depending on the payment method chosen.
3. Product Information
The information and characteristics relating to the Products are available 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 fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
- Shipping to Italy:
Throughout Italy shipping is free for orders over € 40.00, the cost is € 6.00 for orders from € 0 to € 40.00.
- Shipments abroad:
The cost of shipping abroad is € 30.00.
5. Methods of payment and invoicing
5.1 Payment methods
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer, prepaid cards.
- Credit card
The circuits on which it is possible to purchase on the Site are:
Visa / Visa Electron
To ensure maximum security, the Customer will carry out 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 protected communication system of the reference credit institution, from the second expense, the Customer who wishes - by selecting the appropriate option - can proceed with the purchase without re-entering your details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
- Bank transfer
The Customer must make the transfer within 3 days of the order date for orders relating to products; on the other hand, payment by bank transfer is not envisaged for orders containing events and / or courses. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes.
Data for the transfer: c / c: Bar L’Ottagono.
BIC / SWIFT: RSANIT3P
Bank: CREDITO VALTELLINESE
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (eg "Order 01/01/14 n. 100012345").
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
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 appropriate "Shipping Data" field.
All purchases will be delivered by express courier (hereinafter, "Courier service") From Monday to Friday, excluding holidays and national holidays. Ottagono is not responsible for unforeseeable delays or those not attributable to it.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days starting from the day following that in which Ottagono confirmed the order to the Customer by means of a specific email. order confirmation.
- Active delivery services in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
- Active delivery services abroad:
Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the customer the best available rate.
Countries where the service is active in Europe: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Principality of Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia , Spain (except the Canary Islands and Ceuta and Melilla), Sweden, Hungary.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, 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 must send Ottagono a communication within 14 days from the date of receipt of the Products using the downloadable form here or, if it intends to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
This communication must be sent by registered letter with return receipt, addressed to:
c.a. Returns and Refunds Office
Corso San vito, 71
The Ottagono Customer Service will, once received the communication, open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by Ottagono itself.
The right of withdrawal is governed by the following conditions:
I. The law 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 purchased Product.
II. In case of exercising the right of withdrawal, Ottagono will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Ottagono's right to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and / or who requests an 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 which risk deteriorating or expiring rapidly;
- order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that all Food Products (including wines, spirits and beverages) are included among the Products that “risk deteriorating or expiring rapidly”. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to Ottagono 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, Ottagono will return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. Free Return in case of exercising the right of withdrawal
As a most favorable condition for the Customer, Ottagono fully bears the shipping costs for the return of the Products in case of exercise of the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Ottagono to agree on the return of the Products to the courier.
9. Warranty and lack of conformity
In case of conformity defects of Products sold by Ottagono, the Customer must immediately contact Customer Service.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Ottagono within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter, in which case the defect must be reported within this shortened term.
10. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Ottagono cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
Ottagono reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.
Ottagono promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the event of a purchase made by children under 16. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Ottagono assumes no responsibility in the event of a purchase made by minors under 18 who have declared that they are of a different age.
Any complaint must be forwarded to Ottagono using the appropriate contact form accessible directly on the Site via the "Customer Service" tab, or by calling Number +39 0957273466, active from Monday to Sunday, from 9.00 to 23.00, including holidays, or by registered letter with return receipt to the following address:
c.a. Returns and Refunds Office
Corso San vito, 71
Ottagono undertakes to respond to all requests received within a maximum of 30 working days.
12. Applicable law and competent court
The sales contract between the customer and Ottagono is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Catania, any other competent court excluded.
Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors - disclaimers).