GENERAL CONDITIONS OF SALE
Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the discipline of ‘purchase of products made remotely, made available through the Internet, the site www.sandara.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”) and referred to in Legislative Decree 70/2003.
The seller of the products and owner of the Website www.sandara.it is Sandara srl - Via Britannia n.54 – 00183 Rome (RM), VAT Number 14326871002, REA 1513067 to which company we invite the customer to contact for information about orders placed online, returns, delivery of goods ordered and, in general, for any other information.
The consumer who accesses the website to make purchases (hereinafter “Client”) is required before ‘submission of’ order, to read carefully (and print / save and preserve) these Terms and Conditions that have been made available on the Site and which will be available at any time from the Client.
By placing the order in the manner provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale (which Sandara reserves to change, giving notice, without prejudice to the rights of the Client envisaged in accordance with the Consumer Code and sector regulations). The applicable General Sales Conditions are those in force at the time the order is placed.
If the person making the order is not a “consumer or user” as defined at art. 3 paragraph 1, letter a) of the Consumer Code, shall not apply the discipline of withdrawal referred to ‘art. 6 of these Terms and Conditions or, more in general, the forecasts that, under that of the Consumer Code, shall apply only to “consumers”.
Contracts concluded through the Site are governed by these General Conditions in compliance with Italian law. The available language for concluding the contract is Italian.
Choose and order the Products – Conclusion of the contract and acceptance of the General Sales Conditions
The customer can buy the products in the electronic catalogue Sandara, illustrated in detail in the e-commerce area of the site ( www.sandara.it ) inside category sections, as described in the relevant information sheets and contained in the Site, respecting the technical access procedures illustrated therein. The publication of the products displayed on the Site constitutes an invitation to the customer to submit a contract proposal, a purchase.
By sending the order from the site, which has the value of the proposed contract, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and accept these Terms and payment transcribed.
Each order can be viewed by the customer via the automatic e-mail with the order summary order, or online in ‘special section. In case of doubts or problems, please send an e-mail to firstname.lastname@example.org.
The contract between Sandara srl and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Sandara.
This acceptance is communicated to the Customer through an email with a confirmation of the order containing a reference to these General Conditions, the order number, 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 finds order errors will have 12 hours of time from receipt of such e-mail to contact the Customer Service and report the problem via e.mail to email@example.com
After this period of time, the order will be put into processing for shipment and will no longer be accepted changes, without prejudice to the rights of the customer in the following article 6. placing an order in the manner provided, the Customer declares to read all the information provided to him during the purchase process and accept the terms and conditions of payment. In any case, the customer once the procedure d ‘online purchase completed, will print or save an electronic copy but keep these general conditions of sale, subject to the provisions of Italian legislation on distance contracts.
The order sent by the Customer to Sandara through the Internet must be completed in its entirety and it must contain the information necessary for the ‘identification of the customer, the products ordered and’ indication of the place of delivery.
The delivery address must be controlled, ie there must be a person present in a sufficiently continuous way to receive the package.
Information and prices of products – shipping costs – availability of products
All product prices are clearly indicated on the Site and are understood to include only VAT; to the exclusion of HO.RE.CA. B2B and which are VAT excluded.
Some products are present on the site but can not be added to the cart. This may be due to the lack of availability (the production seasonality determines the production cycle, which is why not all products are available at any time of the year). For further information, please contact us by e-mail (firstname.lastname@example.org ).
Product prices shown on the Website are subject to change at any moment and without notice, provided that, limited to orders being accepted by the company Sandara will apply the prices and conditions of sale applicable at the time of ‘submission of the order by the Customer.
Delivery times vary depending on the destination area (see Article 5 below). Up to the time of shipment from the company Sandara the customer has the right to cancel the ‘order or change it by writing an e-mail to email@example.com.
The cost of each shipment, the amount of which may vary depending on the weight of the package and the place of destination of the products, is charged to the customer and is added to the total price of the products and is clearly indicated and communicated to the customer, for email through the Site.
The information and characteristics relating to the Products are available on the Website. The visual representation of the products on the Website, where available, normally corresponds to the photographic image accompanying the description. It is understood that the ‘image of the packages themselves has the sole purpose of presenting them for sale and can not be fully representative of its features but differ in color, size, and accessories. In case of difference between the ‘image and the written product, always prevail the description of the product.
Once the order is received, Sandara will check the availability of the stock for order fulfilment. In the event that one or more Products are not available, Sandara will send timely notice by email to the customer, who, within the next 12 hours, will have the right to respond to confirm the dispatch of any additional basket or cancel it. Failure to remove within this period, the order will be considered confirmed and the basket will be offered for shipment. In this case, the full amount of the missing products will not be charged to the customer.
Payment of the order
Payments in the execution of the Purchase Contracts stipulated through the Site may be made by Credit Card or Pay Pal. The customer, after checking the summary of order, examined (and kept) the General Conditions of Sale and performed all tests will confirm the’ operation.
Sandara srl reserves the right to request additional information from the Customer (eg landline number). In the absence of information/documentation required, Sandara reserves the right not to accept the order.
A greater assurance and safety of the customer, in any moment to the purchase process Sandara is able to know information about the credit card of the buyer, transmitted via secure connection directly to the site of’ bank handling the transaction. It is also specified that the site does not store the customer’s credit card number.
No computer archive of Sandara retains such information.
In no event Sandara can be held responsible for any fraudulent or illegal use of carts and credit by a third party, to act of paying for purchases on www.sandara.it
Deliveries and documentation
If the product is available in stock, deliveries in Italy will take place within 7 working days from the acceptance of the order by Sandara; for shipments made to particularly remote Italian locations the delivery time will be within 10 days. Sandara in reserves, in any case, to communicate the ‘actual delivery times in case of shipment to foreign countries.
All deliveries of products will be at risk of Sandara. The risk will transfer to the customer all ‘act of delivery of products to the client by the shipper, carrier or other agents from Sandara for delivery. Normally the shipment of goods will be by courier. Each shipment will be trackable (on the website of the carrier in charge of the delivery) using the code provided (on request of the customer) from the same carrier.
No responsibility can be attributed to Sandara in case of delay (not foreseeable and not attributable to it) in the order fulfilment or delivery of the products ordered.
Unless explicitly indicated, the delivery refers to the street level. At the time of delivery of the goods by the courier, the customer is required to check:
- that the number of packages delivered corresponds to that indicated in the transport document;
- that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials (adhesive tape or plastic).
Any damage to the packaging and/or the product or the mismatch in the number of items or indications must be immediately contested, affixing the word “ACCEPTED WITH RESERVE” on the courier’s delivery receipt. Once you signed the slip, the customer, subject to the right of withdrawal referred to art. 6 below and all the rights referred to in the Consumer Code, can not make any objection about the appearance of what was delivered.
We recommend, therefore, even when there are found to external problems of the package, always sign the docket courier with the words “With subject to control”. In this case, in fact, missing words and are found in the product damages the courier will no longer be held responsible regardless of the presence, or less, of insurance.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported immediately (and in any case within 7 days from after delivery), in the manner prescribed in this document.
Together with the pack (or email) will come to the customer also the list of products purchased and the price details and shipping. If the purchase is made by a professional it will be able to apply the issue of the invoice, and you must enter the tax code and VAT number of the professional. In this case, the invoice will be sent to the indicated address. The professional is responsible for the correct insertion of the billing data and is expressly in the form that, in case of failure to request the invoice when ordering, it will not be possible to request it later.
Shipments to Italy may take place with different couriers depending on the destination country in order to ensure the customer the best available rate; as for the municipalities declared disadvantaged, special rates will be applied. In the case of all ‘foreign delivery, I shall be borne by the recipient’s taxes and customs duties included in the various States of destination.
Right of withdrawal
The Consumer Customer, in accordance with the Consumer Code, 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 VI below. To exercise this right, the Customer must send to Sandara srl a communication within 7 days from the date of receipt of the Products or, if it intends to exercise the withdrawal before receiving the Products, the notice of withdrawal can be sent at any time before their receipt.
This communication must be sent by registered mail with return receipt, addressed to: Sandara Srl, or via email to firstname.lastname@example.org (with confirming withdrawal, in the latter case) by and no later than two days), indicating: the product or products for which it intends to exercise its right of withdrawal, the order number and the date of receipt of the delivery, name / the consumer/s ‘s address / and the consumer/s. The Customer can use the attached form or send a similar tenor notice.
Once the aforementioned withdrawal notice has been received, Sandara will promptly inform the Customer of the instructions on how to return the goods.
The right of withdrawal is governed by the following conditions:
- The law applies to the purchased product in its entirety; therefore, if the Product is made up of several components or parts it is not possible to exercise the withdrawal only on part of the Product purchased.
- The same product must be returned intact (with the outer packaging and/or of original inner packaging; with any and all parts of the product; not damaged). The Product itself must be returned intact (with the outer packaging and / or the original inner packaging, with all the possible integral elements of the product, not damaged). The cost of the return and the direct cost of the return are charged to the customer.
- In case of exercise of the right of withdrawal, Sandara will refund the customer the full amount of the payments received by the consumer within 15 days from the date on which the notice of withdrawal was received, without prejudice to Sandara’s right to suspend payment of the reimbursement until to the actual receipt of the goods. The refund will be made using the same payment method used by the Customer.
- The reimbursement of the price paid for the purchase of the product does not include return costs, which are at the total expense of the Customer who intends to withdraw from the purchase.
- The Products must be returned, in the same box in which they were received, within 14 days from the date on which the Customer has communicated to Sandara his decision to withdraw from the contract.
- Apart from cases of the customer not a consumer, the right of withdrawal is excluded in the following cases, the meaning of ‘art. 59 of Consumer Code (and in all cases indicated in that Articles 59, in ‘art. 47, and, more generally, in the Consumer Code):
- order of tailor-made or clearly customized products;
- order of Products that are likely to deteriorate or expire rapidly;
- order for sealed products that are not suitable for being 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 among the Products that are “likely to deteriorate or expire rapidly” fall all the food products. Therefore, for reasons of hygiene and protection of customers, the right to withdrawal is only applicable to products purchased on the Site that can be returned to Sandara and re-marketed without danger to consumer health.
In accordance with the art. 57 of the Consumer Code, the costs of returning the goods, as highlighted in point II of this article, are charged to the customer. The shipment, up to certificate of receipt in our warehouse, is under the full responsibility of the customer. In case of damage to the goods during transport, Sandara will inform the customer of the incident, to allow him to act promptly against the courier chosen by him.
Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the package and/or original packaging is damaged, the products are damaged, opened and/or partially used, or are in general missing or some parts damaged (also additional or any documentation attached to the product), the right of the recess fully lapses. In the cases indicated above, Sandara will return the purchased goods to the Customer, charging them for shipping costs.
Likewise, in cases of withdrawal made in the event of exclusion of the right of withdrawal referred to in Chapter VI of this article, Sandara will return the purchased products to the Customer, charging the shipping costs to the Customer.
The consumer, however, the meaning of art. 57 of the Consumer Code, is solely responsible for the decrease in the value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the assets.
Warranty and Defects of conformity
When the Products are sold, the legal guarantees provided for by Articles 129, 130 and 132 of the Consumer Code are applied, where compatible with the Contract stipulated and with the type of goods bought and sold. The customer has the right, at his choice and on condition that the type of Product l or allows, to restore, without charge, the conformity of the Product by repair or replacement, or an appropriate reduction in price or termination of the contract. The Customer loses these rights if he does not report the defect to Sandara of conformity within a period of two months from the date on which the defect was discovered, unless it is a Product which by its nature is perishable or subject to expire in a shorter term, in which case the defect must be reported within this reduced term.
Errors and limitations of responsibility
The information relating to the Products supplied through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors of which Sandara can not, therefore, be held responsible, except in cases of willful misconduct or gross negligence.
Sandara 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 rights of the Customer pursuant to these Conditions Generali and of the Consumer Code.
Except for fraud or gross negligence, any right of the Customer to compensation for damages or to the acknowledgement of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or evasion, even partial, of an order.
Any complaint must be forwarded by registered letter with return receipt to Sandara srl, Loc.Fosci n.13 / 15 -53036 Poggibonsi (Si). Sandara undertakes to respond to all requests received within a maximum of 30 working days.
Applicable law and jurisdiction
The sales agreement between the customer and Sandara srl is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, performance or termination of these Terms and Conditions or individual ordered the purchase if the customer is a consumer under the Consumer Code, it will be referred exclusively to the hole of his town of residence or domicile if located in the Italian territory; in all other cases, the local jurisdiction is the forum in Rome.
Under ‘Article 1341 CCIL represent that you have read and specifically accept the following articles of these General Conditions: 5 (responsibility for delays in delivery), 8 (right to correct errors – disclaimers).