TERMS AND CONDITIONS
General conditions of online sales
General terms and conditions
These conditions are valid exclusively between the company I Carusi s.s.a, with registered office in Acireale (CT) via chiuse n. 23, VAT no. 05047950877, hereinafter referred to as the "SELLER" and any person making online purchases from the website shop.icarusi.it, hereinafter referred to as the "CUSTOMER". These conditions may be subject to modification and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the shop.icarusi.it website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree no. 70/2003 on e-commerce.
ARTICLE 1 - Object of the contract
With the present general conditions of sale, the SELLER sells and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the shop.icarusi.it site. The contract is concluded exclusively through the Internet, through the CUSTOMER accessing the address shop.icarusi.it and placing a purchase order according to the procedure provided for by the site itself.
Before confirming his order, the customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by I Carusi, and to accept them by ticking the box indicated.
ARTICLE 2 - Pre-contractual information for the consumer - Article 49 of Legislative Decree 206/2005
Prior to the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the goods, which are illustrated in the individual product sheets at the time of the CUSTOMER's choice.
Prior to the conclusion of the purchase contract and before validation of the order with "obligation to pay", the CUSTOMER is informed of the following:
- total price of the goods including taxes, with details of shipping and any other costs;
- payment methods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 7 of these conditions) as well as the withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in the event of withdrawal;
The CUSTOMER may at any time, and in any case prior to the conclusion of the contract, acquaint himself/herself with the information relating to I Carusi, the geographical address, telephone and fax numbers, and e-mail address, all of which are given below:
I Carusi s.s.a
95024 Acirele (CT) via chiuse n. 23
tel. 334/9166154 mail firstname.lastname@example.org
ARTICLE 3 - Conclusion and effectiveness of the contract
The contract of sale is considered concluded when the SELLER sends the CUSTOMER an e-mail confirming the order. The e-mail shall contain the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods shall be sent and the link to be able to print and file a copy of these conditions.
The CUSTOMER undertakes to check the accuracy of the personal data contained therein and to promptly notify I Carusi of any corrections.
I Carusi undertakes to describe and present the articles sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the site and the actual product. Moreover, the photographs of the products presented on shop.icarusi.it does not constitute a contractual element, as they are merely representative.
ARTICLE 4 - Availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence of several users on the site, the products may be sold to other CUSTOMERS before the order is confirmed.
Even after the order confirmation e-mail sent by the SELLER, cases of partial or total unavailability of the goods may occur. In this eventuality, the order shall be automatically rectified by eliminating the unavailable product and the CUSTOMER shall be immediately informed by e-mail.
If the CUSTOMER requests the cancellation of the order, thereby terminating the contract, the SELLER shall refund the amount paid within 14 days from the day on which the SELLER became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Any payment by the CUSTOMER may only be made by the methods indicated and/or proposed at the time of purchase.
ARTICLE 6 - Prices
All sales prices of the products indicated on the shop.icarusi.it website are expressed in Euro and include VAT and, where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right of the SELLER to modify its prices at any time, but the goods shall be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and indicated in the confirmation e-mail sent by the SELLER to the CUSTOMER.
In the event of computer, manual, technical or any other error that may lead to a substantial change, not foreseen by the SELLER, of the sale price to the public, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by the CUSTOMER shall be refunded within 14 days from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying a reason, within a period of 10 days from the date of receipt of the products.
The right of withdrawal does not apply:
- in the case of tailor-made or customised products;
- in the case of products that are likely to deteriorate or expire rapidly;
- in the case of sealed products that are not suitable for return for hygienic reasons relating to health protection or that have been opened after delivery.
In cases where the right of withdrawal is excluded, the agricultural company I Carusi shall return the purchased products to the online purchaser, charging the purchaser for the shipping costs.
In all other cases, the CUSTOMER who intends to exercise the right of withdrawal shall communicate it to the SELLER by means of, alternatively:
- Explicit declaration, which may be sent by registered mail with return receipt;
- Or, instead of a specific notice, you may return the products within a period of 10 days from the date of receipt of the products;
- Oppure trasmettere il modulo di recesso tipo, di cui all’Allegato I, parte B , D.Lgs 21/2014 (non obbligatorio) il cui testo viene di seguito riportato:
Or send the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is reproduced below:
I Carusi s.s.a.
95024 Acirele (CT) via chiuse n. 23
tel. 334/9166154 mail email@example.com
I/We (*) hereby notify (*) that I/We (*) withdraw from my/our (*) contract of sale of the following goods/services (*) - Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is submitted in paper version) - Date (*) Delete as appropriate.
In case of exercise of the right of withdrawal, the CUSTOMER shall return the goods within 10 days from the day on which he/she communicated to the SELLER his/her will to withdraw from the contract pursuant to Article 57 of the Legislative Decree 206/2005.
The goods must be returned to I Carusi s.s.a.
The direct costs of returning the products shall be borne by the CUSTOMER.
The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached fiscal documentation. Without prejudice to the right to verify the compliance with the above, the SELLER shall refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
As provided for by art. 56 paragraph 3 of the Legislative Decree 206/2005, as amended by the Legislative Decree 21/2014, the SELLER may suspend the refund until the receipt of the goods or until the CUSTOMER has proved that he/she has sent back the goods to I Carusi s.s.a.
The SELLER shall make the refund using the same means of payment chosen by the CUSTOMER during the purchase. In case of payment made by bank transfer, and if the CUSTOMER intends to exercise his/her right of withdrawal, he/she shall provide I Carusi, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made by I Carusi s.s.a.
In the event of withdrawal for purchases made using a gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code that will be sent to the CUSTOMER's e-mail address. The purchase voucher shall be valid for 2 years and may be used by the CUSTOMER for subsequent purchases in a single solution.
ARTICLE 8 - Product guarantee
The customer who buys from the farm I Carusi has the right to receive the products perfectly intact, in case they are damaged during transport or the seals are broken, the customer can return the purchased products and/or request the replacement of the goods without any further expense. This right must be exercised by the customer, under penalty of forfeiture, no later than three days from receipt of the package, by immediately contacting the farm I Carusi, which will, at its own expense, to arrange the withdrawal of the product, subject to availability of the CUSTOMER.
ARTICLE 9 - Responsibility
The SELLER accepts no liability for inefficiencies attributable to force majeure or fortuitous events, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the time provided for by the contract.
ARTICLE 10 - Site access
The CUSTOMER has the right to access the site for consultation and to make purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of I Carusi s.s.a and are protected by intellectual property law.
ARTICLE 11 - Cookies
The shop.icarusi.it website uses "cookies". Cookies are electronic files that record information relating to the CUSTOMER's navigation of the site (pages consulted, date and time of consultation, etc.) and which allow the SELLER to offer a personalised service to its customers.
ARTICLE 12 - Integrity
The present General Terms and Conditions of Sale consist of the entirety of the clauses which comprise them. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared so by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 13 - Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to Italian law.
For the resolution of disputes relating to the interpretation, execution or termination of these general conditions or individual purchase orders, if the online purchaser is a consumer, pursuant to the Consumer Code, the competent Court shall be that of his town of residence or domicile if located in the Italian territory; in all other cases or if the online purchaser is an entrepreneur, the territorial jurisdiction shall be exclusively that of the Court of Catania, any other court being expressly excluded.
In any case, it is possible to have optional recourse to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these conditions of sale.
Pursuant to art. 1341 cc. The online customer declares to have read and specifically accepted the following articles of the General Terms and Conditions of Sale:
Article 4, Availability of Products
Article 7, Right of withdrawal;
Article 8, Product Warranty;
Article 9, Liability for inefficiencies;
art. 13, Competent Court.