These terms of Sale regulate every sale that ITALIA DEI SOGNI s.r.l. (below Vendor) should have to perform to everyone (below Buyer) through its own internet portal www.italiadeisogni.it (below Website) of made in Italy craft products, foods and non-foods products.
The brand ITALIADEISOGNI, the website and the relative licences are property of ITALIA DEI SOGNI s.r.l. seated in Imola (BO), Via Cogne n. 35, P.IVA – C.F. 03450611201.
The Buyer will have the possibility to purchase the Products after the insertion of his personal data or following the website registration, only if he is 18 years old (or older where it is requested from the Buyer’s local legislation). The Buyer must ensure that his personal data, inserted before the purchase or at the registration moment or in any other moment, are corrected and complete and he is obliged to update them if modified, since they are the only data to which the Vendor will refer in the execution of the contract, relieving the Vendor from any responsibility deriving from inaccuracy of these data.
The Vendor reserves the right to evaluate the received orders acceptance and he will communicate to the Buyer the possible impossibility to accept the received orders within 5 days from the day following that on which the Buyer has transmitted the order to the Vendor. The Vendor will provide to refund the amounts already paid with the same modalities by which the payment has been made.
In case of unavailability of products already ordered and confirmed, not attributable to the Vendor responsibility, it will be care of the Vendor to offer to the Buyer an equal or better alternative. In case of rejection of the offer, the Vendor will provide to refund the Buyer for the paid amount, only for the not available product, within 10 days from the date of the first order. The sending of the order from the Buyer counts as preventive acceptance of order delivery, even if only partial, limited to the available products among those ordered. The products are not provided for resale, unless the Buyer is a qualified vendor: anyway the Buyer undertakes to not resale any products before he has got the Vendor’s written consent.
The website is accessible to Buyers from around the World and may contain references to goods unavailable in the Buyer’s Country: in this case the Buyer will be responsible for any fine and/or financial penalty, undertaking to release the Vendor from any charges. The Vendor does not assume any responsibilities about Buyer’s alimentary allergies: it concerns the Buyer to avoid ordering Products to which he is allergic.
Order payments will have to be made exclusively in Euros, by Credit Card or Bank Transfer.
CREDIT CARD: the payment through credit card will be managed by PayPal or GestPay of Sella Bank Group. The Buyer has the duty to provide all the data related to a valid credit/debit card, accepted by the chosen payment system. All payment systems use SSL encrypted protocols which ensure the highest security, in order to manage the sensitive data of the credit card without sharing them with anyone except the bank. The Vendor does not assume any responsibility for the payment processing times from the bank and he reserves the right to suspend the deliveries to the Buyer and/or to fix the purchase with the Buyer if the credit card bank refuses to give the payment authorization or in case in which one believes reasonably that the payment will be refused. The available credit card circuits are Visa, Mastercard, American Express, Diners and JCB. The payment is protected, thanks to the respect of security standards defined by the international circuits Verified by Visa and Mastercard Secure Code.
BANK TRANSFER: If the Buyer wants to pay the due amount using a Bank Transfer, he will have to do it at the bank branches or through home banking of his own bank, remembering to indicate all the data and references required, as in the instructions reported in the section “PAYMENTS”. For any clarifications contact the Vendor at the addresses indicated in the sections CONTACTS of the website www.italiadeisogni.it. The payments made through bank transfer implies that any commission costs applied by issuing bank will be paid by the Buyer, who accepts expressly that the contract execution by the Vendor (especially as regards delivery times) starts at the accreditation of the equivalent value of the purchased product on the Vendor’s bank account.
All prices of the products inserted in the Website are Italian VAT included, however eventual custom tariffs are excluded. The Buyer declares that the lack of knowledge of costs, charges, duties, taxes and/or fees when sending an order to the Vendor, cannot constitute a conclusion of the present contract and cannot, in every manner, charge these duties to the Vendor.
The Vendor will promptly communicate to the Buyer, via email, the invoice or fiscal documentation related to the executed purchase.
PRICES AND CURRENCIES
All prices published online are in Euro (EUR), US Dollar (USD), Canadian Dollar (CAD), payments and invoices are in Euro (EUR).
Final Credit Card and PayPal debited amounts may vary based on currency fluctuations and bank commissions.
ITALIA DEI SOGNI encourages Clients to contact their bank to receive the accurate price conversion and any bank commissions related to transactions.
Shipment is free in Europe, United States and Canada.
PRODUCT DELIVERY AND BUYER ISPECTION
The delivery of the products will take place at the address the Buyer has indicated in his registration or in that one indicated during the creation of an order. Any changes to the address cannot be made once the Buyer has received the order confirmation from the Vendor. It is a Buyer’s responsibility to organize for receiving his own delivery and to give all the correct information. In the order will be inserted, depending on the address indicated, the possibility that custom tariffs or fees may be applied: the Buyer is requested to inquire at the competent institution of his own country of residence /or destination country of the products, in order to get information about eventual custom tariffs and fees applied in his country or in the destination country and he will have to provide directly to the payment once communicated. The Vendor reserves the right not to deliver in all locations and to refuse orders in consideration of deemed delivery problems.
The terms of expected shipment are not imperative, but they only indicates the average necessary time to ship the Products, apart from unavailability of the Products: in this case, the shipment will be executed within 5 (five) following days, starting from goods availability. In this last hypothesis, the shipment will take place within the date communicated to the Buyer when he will be informed to the unavailability of the products.
In case of delay or missed delivery of the product for Buyer’s unavailability or for incorrect indication of the delivery address or for reasons beyond the Vendor’s control, the Vendor does not assume any responsibility for eventual inconveniences or losses deriving from these circumstances and no amount will be refunded to the Buyer.
We underline that the delivery will be made only to suitable person, at the age of 18 (or above where required by the Buyer’s National Laws) and it will not be made to post office box.
If there are some highly perishable Products which need refrigerated and extremely fast shipping, this specific characteristic will be underlined in the Product description, where a special shipping procedure will be highlighted to inform the Buyer about time and costs of delivery, which will be clearly different from the common deliveries.
Once the Products have been sent, the Buyer will receive a confirmation email where it will be specified the delivery tracking number through which it will be possible to see, after inserting on the courier’s website, the delivery status.
RIGHT OF WITHDRAWAL
In accordance with the articles 64 (and followings) of the Consumer Code and in general with the European Directive 2011/83/UE, the Customer who is the final Consumer, has the right to withdraw from the Product purchase contract without any penalty and without explanations, within 14 days since the Product receipt.
To exercise this right, the Customer will have to send to Italia dei Sogni s.r.l. a written notice on this within 10 working days since the date of the Product receipt. This communication will have to be sent via email to the address: firstname.lastname@example.org or sent by registered mail to the following address: Italia dei Sogni – via Cogne 35 – 40026 Imola (BO). We recommend to anticipate it via email to speed up the timing to the address: email@example.com
In the withdrawal communication, the Customer has to indicate the purchase order number; the Product or the Products for which he intends to exercise the withdrawal right, specifying clearly the intention to withdraw. We also advise the Customer to attach copy of the purchase tax documentation to the notice of withdrawal.
Once the withdrawal notice has been received, the Customer Service of Italia dei Sogni s.r.l. will communicate to the Customer the unique code AMR (Authorized Merchandize Return) and the shipping address of the goods to be returned. It is binding that the Product is returned within 14 (fourteen) days since the notification of the AMR code. Besides it is specified that for the purposes of the deadlines, the Product is intended already returned when it is delivered at the accepting post office or at the forwarder.
The full integrity of the good is a binding condition for exercising the withdrawal right. The Product will have to be guarded with great diligence and returned perfectly intact, complete in all its parts accessory and packaging, perfectly working and without any sign of wear or dirt. The Product will have to be returned in the original packaging and in turn it will have to be put in a further packaging. The AMR code, shipping address and various directions will have to be affixed exclusively on the latter, as on the original packaging it isn’t possible to affix any label or tape. The withdrawal, besides, finds application at the Product in its entirety, therefore it is not possible to exercise the withdrawal only on accessories and/or parts of the purchased Product.
The costs of packaging and Product return are totally at customer’s charge. The return takes place under the full responsibility of the Customer till the receipt confirmation by Italia dei Sogni. The Customer is liable for any damage sustained during transport.
In accordance with the Consumer Code, only after the Product receipt and only after the positive verification of compliance with the terms and of the procedures for exercising the withdrawal right, and the complete and perfect integrity of it, Italia dei Sogni s.r.l. will proceed, within 10 days since the day in which it has received the returned Product, to refund the sums paid by the Customer for the purchase. The refund will not include the packaging costs and redelivery at our office or other address indicated during the notice of AMR code. The refund will takes place by the transfer procedure of the charged amount on Customer’s credit card or by PayPal, in the case in which he has used these modalities of payment. In all other cases, by bank transfer. In this regard, the Customer will provide in writing also in the withdrawal notice, the data and bank details so as to allow to Italia dei Sogni s.r.l. to be able to make the refund.
In the case in which the Product is damaged during transport, Italia dei Sogni s.r.l. will report the incident to the Customer within 4 working days since the Product reception, to allow him to exercise any recourse rights that belong to the Customer towards those who have made the shipment on his behalf. In this case, the Product will be made available to the Customer, in order to regain possession of it and, simultaneously, lacking the condition of integrity of the Product, will be refused the withdrawal request.
The right of withdrawal is not applied:
- a) In case of supply of custom-made goods or personalized
- b) In case of goods which, for their nature, can’t be returned or they are liable to deteriorate or expire quickly
- c) In the case in which the purchase has been made in the occasion section (ex. refurbished products)
- d) In case of supply of sealed goods which can’t be returned for hygienic reasons or related to health protection and opened after the delivery
- e) The withdrawal is not possible for foodstuffs and in the other cases provided by law.
In the case in which the withdrawal has not been carried out in accordance with the article 64 and followings of the Consumer Code and/or European Directive 2011/83/UE and, in particular, in the case in which the Product is not intact in all its parts and/or accompanied by its accessories and/or by elements that form an integral part and/or it is devoid of the original package when it is part of the Product, when it is damaged or used by the Customer beyond the limit of the reasonable diligence, it does not result in the termination of the contract and consequently it does not give right at the refund of the amount paid by the Customer for the Product. The Product remains at Italia dei Sogni s.r.l. or other place indicated in writing via email to the Customer, available for withdrawal, which must take place at the expenses and responsibilities of the Customer.
Exercising the withdrawal right, after a not necessary handling to determine the nature, the features, the operation of the same and what is not necessary to evaluate the aesthetic features, will make the Customer responsible of a possible reduction in value. For evaluating the Product and its features, the Consumer is required to handle and examine it with the same care and attention paid for Products sold in a real shop: for example, a bag or a clothing accessory can be tested but not worn, nor used in any way. Consequently, the Customer who intends to assert the withdrawal right, on terms and within the specified times, should handle and inspect the Product with the due diligence for preserving the full integrity of the good.
TThe goods on which the withdrawal right is exercised must be perfectly intact and undamaged, without signs of any damage, without signs of wear, packaged in their original packaging, complete of any accessory or all things delivered with the Product. Otherwise, Italia dei Sogni s.r.l.will evaluate whether to reject the withdrawal request or whether to deduct from the refund an amount corresponding to the decrease in value, as the Product itself is no longer sellable as new.
Except the case the Buyer is a Consumer, the Vendor, according to “art. 1490 CC and followings”, ensures that the Products are free from defects. If the purchased Products result defective, the Buyer will inform the Vendor using the contact information given on the website, and the Vendor will arrange to substitute the defective Products or to refund their prices. This will happen except in the case the defects have been caused by improper use of the products and/or Buyer’s negligence towards the Products, incidents caused while the Buyer was in possession of the Products or for negligence in following the Product instructions given by the Vendor or the Product maker. In case of replacement, the replaced defective product will be owned by the Vendor.
The Vendor will not be responsible towards the Buyer for indirect damages and his responsibility will be limited to the purchasing price value of the concerned Products.
In accordance with and for the effects of the “Consumer’s Code” and in general according to the European Directive 2011/83/EU, the Vendor gives the Buyer-Consumer a legal warranty on the Product regarding any defects of conformity compared with the selling contract, which occurs within the terms provided by Italian law in force and specific for every type of product, beginning from the product delivery to the Buyer-Consumer, provided it is notified within 2 months from the discovery of it to the email address indicated on the website section CONTATTACI or via registered mail to the address given on the website.
It remains intended that regarding the perishable Products (all the food Products) the legal warranty will be effective exclusively until the expiry date indicated on the envelope of the Product packaging.
The Vendor, once received the Buyer-Consumer’s complaint about a product defect, will invite him to send the correct photographic documentation showing the damage and in case of warranty validity, the Vendor will inform the Buyer about the address where he may send the product, which will have to arrive without any signs of use, abrasions, scratches, alterations, etc..., complete with all its elements and accessories, equipped with instructions/notes/manuals attached and with its original packaging and its warranty certificate, where it is present. The products have to be in the same conditions they were at the moment they arrived to the Buyer-Consumer or in a normal state of conservation, depending on if they have been shielded or used with diligence. Otherwise, the Buyer-Consumer will not have right to any refund.
As a result of verification on the returned Product from the Vendor, if the situation requires it, the Vendor will ask the Buyer-Consumer if he would like to receive a new Product or the actually ordered Product or if he would prefer a price reduction or the contract termination. In the first two cases, the Vendor will arrange to refund the shipping expenses incurred by the Buyer for the returned Products, moreover he will send to the Buyer, in shortest possible time and without any further expense, a new Product or, if available, the actually ordered Product. In the last two cases, in addition to the shipping expenses, the Vendor will arrange to refund the partial or total price of the Product.
All the law warranties provided by the “Consumer’s Code” and, in general, according to the European Directive 2011/83/EU remain valid.
It is underlined that the shipments with costs to be paid by the Vendor will not be accepted without any prior authorization from the Vendor himself. All the shipments received by the Vendor with costs to be paid by the Vendor will be returned (not repaired) with all the expenses to be paid by the sender, including those of the return shipping.
The Vendor will not be responsible for total or partial non-fulfillment of the duties on his charge present in this contract, if this non-fulfillment is caused by unpredictable events and/or natural events beyond his control, including, for example: natural disasters, acts of terrorism, wars, popular riots, losses of electric energy, general strike of the national or private workers regarding express couriers and aerial connection viability.
Applicable Law – Tribunal in charge
The present Terms of Sale are ruled by Italian Law. For every controversy deriving from the present contract or related to it, will be competent: a), the Tribunal of the Buyer‘s place of residence and domicile if he is “Consumer” according to the laws in force; b) exclusively the Court of Bologna, Italy, in any other case.
Changings and Revisions
The present Terms of Sale could be object of update and/or revision: it is duty of the Buyer to verify, before every single purchase, the Terms of Sales that will be applied to each order.
Treatment of the Personal Information – Privacy
The present terms do not prejudice the rights attributed to the Buyer acting as Consumer or the rights guaranteed to him by the mandatory disposition of the laws to which he is subject. In case a paragraph or a part of a paragraph of the present general Terms of Sale should be considered in contrast or contrary to a rule of law, all the others paragraphs of the present agreement, or parts of the same paragraph, will remain entirely valid and effective.
The Vendor’s sales will be made through the Website. The Vendor declines any responsibility in the event of any damage deriving from inaccessibility to the services on the website, damages deriving from internet viruses, errors, corrupted files, service interruptions, content cancellations, problems related to the network, to providers or to telephone or/and computer connections, to unauthorized accesses, to file alterations, to missing and/ or malfunction of the Buyer’s electronic equipment.
It is forbidden the copy, partial or whole, of the website in any forms, of its contents without the Vendor’s written expressed consent.
The Buyer is aware that the Vendor is not the producer of the sold products, but retailer of goods purchased from specialized companies, which provide for to making them in an artisan way. The images on the site are provided to the Buyer to facilitate the recognition of the products and should be considered just indicative, because they cannot be perfectly representative of the features and quality of the products. In case of differences between images and the product description, what reported in the product description is the authentic one. The information reported on the Products have been inserted by the producers, therefore the Vendor, while performing accurate controls, will not be responsible for the information contents on the labels and that these reflect fully the characteristics of the product. The products are subjected to availability, to market conditions and to season changes, as regards levels and prices of supply, the Vender reserves the right to modify the goods or the goods description present on the Website in any moment and without any advance warning, besides to modify and improve every Product without the oblige to make these changes also in the already sold products. The Vendor reminds that the Products’ weight and sizes, since they are artisanal, can differ compared to what reported on the Website and thus they are indicative and not binding.