PREAMBLE
The consumer who accesses the Site to make purchases (hereinafter the “Customer“) is obliged, before placing an order, to read carefully these General Terms and Conditions of Sale (or Terms & Conditions) which have been made available to him/her on the Site and which will be available for consultation by the Customer at any time.
1. Identification of the Seller
Company name: La Genovese s.a.s.
Registered office: REG. BOTTINO 1/M – 17031 Albenga (SV)
Fiscal Code/VAT Code: 00101320091
REA/Reg. Imprese: SV-22020
Telephone: 0182-50452
E-mail: info@lagenovese.it
Hereinafter the seller will be referred to as ‘La Genovese‘ for brevity.
2. Object
2.1 With this contract, the Customer purchases products at a distance through the Site provided by La Genovese and identified at the domain: https://shop.lagenovese.it. These terms and conditions are considered known under Article. 1341 of the Civil Code and are accessible on the Site https://shop.lagenovese.it.
2.2 Pursuant to art. 12 of Legislative Decree 70/2003, La Genovese informs the Customer that each order sent will be stored for the purposes of the law, in accordance with criteria of confidentiality and security.
2.3 The Customer may request information, send communications or submit complaints by contacting the customer service of La Genovese, by calling 0182-50452 or sending an e-mail to shop@lagenovese.com or writing to: La Genovese s.a.s. di Borea Alessandro, REG. BOTTINO 1/M, 17031 Albenga (SV)
3. Consumer – User
3.1 Only consumer users who are natural persons and have registered an account on the Site https://shop.lagenovese.it are permitted to purchase . Consumers” means natural persons who access https://shop.lagenovese.it for purposes not related to their commercial, entrepreneurial or professional activity. Therefore, the provisions contained in the CoC and subsequent amendments and additions shall apply, in addition to those generally applicable to the type of service provided by https://shop.lagenovese.it pursuant to Legislative Decree no. 70 of 9.4.2003 on information society services and electronic commerce.
4. Choosing and ordering Products
4.1 The characteristics and price of the various products for sale on the Site (hereinafter the “Product” or “Products”) are shown on the page relating to each Product.
4.2 To purchase Products, the Customer shall fill in and send the order form in electronic format. 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 his/her personal data (home address, telephone number, email, etc.) and confirm the order.
4.3 By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these General Terms and Conditions and the transcribed payment terms.
4.4 La Genovese reserves the right not to accept orders, which are anomalous.
4.5 The contract entered into between La Genovese and the Customer must be considered concluded with the acceptance of the order by La Genovese. Such acceptance is communicated to the Customer through an email confirmation of the order itself containing a reference to these General Conditions, the order number, the billing data, the list of the Products ordered with their essential characteristics and the total price.
5. Information on the Products
5.1 The products offered on the Site comply with the national and Community legislation in force in Italy.
5.2 The information and characteristics relating to the Products are available on the Site in the description sheet of the Product itself.
5.3 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 form. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail.
6 – Terms and conditions of purchase
6.1 La Genovese reserves at any time the right to vary the type and the Products offered on the Website, also in relation to availability. La Genovese does not guarantee that the Products presented on the Site are actually available or that they are available on time for delivery, as this depends on the commercial policies and the stocks actually present in the warehouse.
6.2 All images and descriptions of the present Products published on each product sheet on the Website reproduce and describe as faithfully as possible the real characteristics of the products.
6.3 It is understood that these images and product descriptions must be considered indicative and interpreted with a minimum of tolerance.
6.4 All prices indicated on the Site are expressed in Euro (€) and are inclusive of VAT.
6.5 The price of the products may change without notice until the order is confirmed, it being understood that the price charged to the user will be the price published on the product sheet at the time the order is placed.
6.6 The products will remain the property of La Genovese until the payment of the purchase price and any expenses by the Customer.
6.7 La Genovese reserves the right to refuse orders from users that do not give sufficient guarantees of solvency or with whom are pending litigation.
7- Payments
7.1 – La Genovese accepts payment by credit card.
8 – Delivery of products and shipping costs
8.1 The order placed on the Site will be delivered to the address indicated by the Customer when placing the order.
8.2 It is important to verify the integrity of the package delivered by courier and in case of damaged or abnormal package it is necessary to put a signature with “control reserve” on the transport document and communicate it to La Genovese.
8.3 The cost of shipping for all Italy (including islands) for a total weight (products plus packaging) up to 6 kg is € 8.50, over is € 15.00.
If the expenditure exceeds the amount of 50,00 euro the shipping is free.
The European countries where we deliver by courier are: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
8.5 Delivery is effected by express courier between 24 and 48 hours from the day of dispatch for Italy, excluding inconvenient locations, and between 48 and 96 hours for other European countries. These times are to be considered indicative, however, as they may vary due to force majeure causes that do not depend on La Genovese or the carrier.
8.6 Orders received on the Site on Saturdays, Sundays, holidays or closing days will be processed on the first working day following.
8.7 In case of impediments to delivery due to force majeure La Genovese will contact the user via e-mail to inform him of the delay in delivery times. La Genovese can not be held in any way responsible for any delays due to facts of third parties and / or causes of force majeure.
8.8 The delivery is considered completed when the product is made available to the Customer and the Customer has properly paid the total amount of the order.
9 – Right of Withdrawal
9.1 The Customer shall have the right to withdraw from the contract, without penalty and without specifying a reason, within a period of fourteen (14) days from the date of delivery.
9.2 The right of withdrawal is subject to the following conditions:
a) The returned Products shall be returned in their entirety
b) The returned Products must have their original, undamaged packaging
c) The returned products must be sent to La Genovese in a single shipment
d) The returned products must be shipped and delivered to the courier within ten (10) working days from the day of receipt of the products purchased on the Website
9.3 If the right of withdrawal exercised by the Customer complies with the conditions listed above La Genovese is required to make a refund to the Customer corresponding to the value of the amount paid within a maximum of five (5) days from receipt of the returned material.
9.4 In case of return, the costs for the return to La Genovese are charged to the Customer.
10. Warranty and Conformity Defects
10.1 In case of lack of conformity of the products purchased with respect to the description published on the Website, the user has the right to the replacement of the product, at no additional cost, where this is possible in relation to the number of copies still available for sale and unless the replacement is not excessively expensive for La Genovese in consideration of the value that the good would have, if there was no lack of conformity, and the extent of such defect. Alternatively, you are entitled to termination of the contract or reduction of the price, in accordance with the following provisions.
10.2 In the event of termination of the contract, La Genovese shall refund the price paid by the User, in addition to any ancillary costs. In case of price reduction, La Genovese will return the amount of the reduction previously agreed with the User. In any case, the amount of the refund will be communicated to the user by e-mail and credited by cash (respecting the limits and conditions set by the legislation in force at the time of payment) or bank transfer.
10.3 The guarantee is personal and shall therefore only apply to the original purchaser.
11. Liability
11.1 La Genovese undertakes to correct all the errors in the description of the products offered on the Website, as soon as possible, starting from the signalling of the same. The reporting of such errors can be made by contacting the Customer Service of La Genovese at the addresses indicated in the introduction. La Genovese is not responsible in case of damages, of any nature, resulting from the use and/or consumption of the product in an improper way and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
12. Site content and intellectual property rights
12.1 The contents of La Genovese, such as, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics colours, patterns, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property right of La Genovese and other right holders. It is forbidden to reproduce, modify, duplicate, copy, distribute, sell or otherwise exploit the images, the contents of the Website if not previously authorized in writing by La Genovese. Any use of the contents of the Website for commercial and/or advertising purposes is also prohibited.
12.2 All other distinctive signs that distinguish the products sold on the Website, unless otherwise indicated, are registered trademarks (or under registration) of La Genovese. Any use of the distinctive signs mentioned above not in accordance with the law and as unauthorised is prohibited. It is not in any way allowed to use any distinctive sign on the Website to take unfair advantage of the distinctive character or reputation of these or so as to cause prejudice to them and their owners.
12.3 Under no circumstances may you alter, change, modify or adapt the Website or the material made available by La Genovese.
13. Applicable law and jurisdiction
13.1 The General Terms and Conditions are governed by Italian law.
13.2 Any dispute arising from these General Conditions shall be settled by the Court of the place indicated by the user as his or her residence or domicile, if located in the territory of the Italian State; in all other cases, the Court of Savona shall have exclusive jurisdiction.
14. Online dispute resolution for consumers
The European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online.
If you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with La Genovese. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Dear Customer,
Pursuant to art. 13 of Regulation (EU) 2016/679 (“General Data Protection Regulation”, hereinafter “Regulation”),La Genovese SAS DI BOREA ALESSANDRO as Data Controller informs you that it will proceed to the processing of personal data supplied by you for the purchase of products online (hereinafter “Products”), in accordance with the legislation on the protection of personal data and mainly in electronic form. The processing shall involve operations, or a set of operations (such as, by way of example: collection, recording, organisation, storage, processing, communication, modification, selection, use, deletion, destruction), concerning the personal data provided by you when filling in and sending the on-line Product Purchase Order.
In particular, we inform you that:
1) The processing to which your personal data will be subjected is aimed at:
a. the fulfilment of obligations in relation to the goods being sold;
b. the fulfilment of any legal and/or regulatory obligations (e.g. tax and accounting obligations);
c. the management and execution of the Procedure for sending Purchase Orders and of any contract concluded between you and our Company;
d. the performance of obligations arising from and related to the sale, such as, but not limited to: the performance of shipping and after-sales services to customers
e. the performance of market research, statistical analysis, advertising activities for products and services and the sending, also by electronic means, of advertising material subject to your explicit consent.
Your data will be processed in such a way as to guarantee security and confidentiality and may be processed using manual, computerised and telematic means, in the manner and within the limits necessary to pursue the aforementioned purposes.
2) The provision of the data indicated in point a) b) c) d) is necessary and obligatory for the performance of the above-mentioned activities, does not require explicit consent and failure to provide it will make it impossible to access our services.
3) We ask for your consent – optional – for the purposes indicated in point e), through which we may keep you informed of our news, promotions, initiatives and discounts for certain products and periods.
The data may be disclosed, within the limits and under the conditions of their respective assignments, to the persons expressly assigned to the various processing stages necessary for their management, such as the legal representative of the data controller, any employees or collaborators, and any information system maintenance staff.
Your data will not be otherwise communicated, sold free of charge and/or against payment or shared with third parties and will be used solely and exclusively for the purposes indicated above.
Your data will be kept for a period of time no longer than is necessary for the purposes for which it was collected or for the longer period required by law.
Finally, your data will not be transferred abroad, neither within the EU nor outside the EU.
4) In relation to the processing of the aforementioned data and pursuant to Art. 13, para. 2, lett. b) of the Regulation, you have the right to request from the data controller access to, rectification or erasure of your personal data or restriction of the processing of your personal data or to object to the processing of your personal data, as well as the right to obtain indications as to the source of the data, the purposes and methods of the collection and to obtain erasure or blocking of data that have been processed unlawfully To exercise these rights you may write to the data controller addressing your requests LA GENOVESE SAS DI BOREA ALESSANDRO REGIONE BOTTINO 1/M 17031 ALBENGA (SV)
5) The Data Controller is the company LA GENOVESE SAS DI BOREA ALESSANDRO with registered office in REGIONE BOTTINO 1/M 17031 ALBENGA (SV) in the person of its Administrator.