The following Terms and Conditions of Sale regulate the sale on this website sfusobuono.com (Sito) owned by Sfusobuono di A.C., located in Via Casalbagliano 37, VAT no. 02636780062, REA AL272259.
The products purchased on the Site are offered and sold by Sfusobuono di A.C., hereinafter referred to as Sfusobuono.
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, No 206(Consumer Code) and Legislative Decree 9 April 2003, No 70, containing the rules of electronic commerce.
1.2 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most updated version of the General Conditions of Sale before making any purchase. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.3 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than Sfusobuono that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale. Sfusobuono is not responsible for the provision of services and/or the sale of products by such parties. On the websites that can be consulted through such links, Sfusobuono does not carry out any control and/or monitoring. Sfusobuono is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by the same.
1.4 You are required to carefully read these General Conditions of Sale as well as all other information that Sfusobuono provides on the Site. The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
2.1 The purchase on the Site can be made only after registration on the Site; it is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumer is the natural person who acts for purposes unrelated to the business, commercial, professional or craft possibly carried out, while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the quality of professional is the natural person or legal entity acting in the exercise of its business, commercial, craft or professional activity, or an intermediary.
2.2 The user agrees to be solely responsible for a purchase on the Site that does not comply with its national law regarding purchase limits for reasons of age.
2.3 To avoid hoarding, you may not purchase more than 10 pieces of the same item within the same order.
2.4 In the case of orders, from anyone coming from, that are anomalous in relation to the quantity and/or frequency of purchases, Sfusobuono reserves the right to take all necessary actions to stop the irregularities.
2.5 Sfusobuono reserves the right to refuse or cancel orders that originate:
- from a user with whom Sfusobuono has a legal dispute;
- from a user who has previously violated the General Terms and Conditions of Sale;
- a user who has been involved in a criminal offence;
- from a user who has issued false, incomplete or otherwise inaccurate identification data or who has not promptly sent Sfusobuono the documents requested by the same or who has sent it invalid documents
In any case, Sfusobuono reserves the right to cancel orders referring to transactions that do not present an absolute degree of genuineness.
2.6 Before purchasing any Food Product offered for sale on the Site, please inform Sfusobuono if you are suffering from any type of allergy, intolerance or food intolerance. If you fail to do so, Sfusobuono shall not be liable in any way for any damage that you may have suffered from the purchase of food products on the Site.
3.1 In order to register on the Site you must fill in the appropriate form, entering the following data: name, surname, email, password, address, phone number
3.2 Access credentials must only be used by you and may not be transferred to third parties. You undertake to keep them secret and to ensure that no one has access to them; you also undertake to inform Sfusobuono immediately if you suspect or become aware of any misuse or undue disclosure of your access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to keep Sfusobuono harmless and indemnified from any damage, obligation to pay compensation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of Sfusobuono to disable the user's account.
4.1 In compliance with Legislative Decree no. 70 of April 9, 2003, containing provisions on electronic commerce, Sfusobuono informs you that:
- in order to conclude a purchase contract on the Site, you must fill in an electronic order form and send it to Sfusobuono, electronically, following the instructions that will appear from time to time on the Site;
- the contract is concluded when the order form reaches Sfusobuono's server;
- once the order form has been received, Sfusobuono will send you the order confirmation containing the order to the e-mail address indicated:
5.1 Each product is accompanied by an information page that illustrates its main characteristics (Product Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers used by you to display them. The images of the Product in the Information Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the user will be considered as valid.
5.2 The Wine Products contain sulphites deriving from the production process itself. However, in some cases, it is possible that no added sulphites are present; this situation is duly indicated in the Product Sheet.
6.1 All prices of the Products published on the Site are expressed in Euro (€) and are exclusive of VAT as not applicable.
6.2 Sfusobuono reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price indicated on the Site at the time the order is placed and that no account will be taken of any changes (up or down) subsequent to the transmission of the same.
6.3 The shipping costs, if any, are expressly and separately indicated on the order form, before the user proceeds with the transmission of the same.
6.4 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, allows the user to obtain free shipping of the Products.
7.1 Sfusobuono shall ship the Products only after having received confirmation of authorization for payment or credit of the Total Amount Due. Ownership of the Products shall be transferred to you at the time of shipment, to be understood as the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to Sfusobuono, will be transferred to you when you, or a third party designated by you and other than the carrier, materially takes possession of the Products.
The Service chosen by you will be performed only after payment of the Total Amount Due. Sfusobuono reserves the right not to provide the service if, after the submission of your purchase order, it is established that you have not paid all or part of the Total Amount Due.
7.2 The purchase contract is subject to termination if you fail to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order shall be cancelled accordingly.
7.3 n order to send a purchase order, it is necessary to read and approve these General Conditions of Sale by checking the appropriate box on the pages of the purchase procedure. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
8.1 The Products offered on the Site are limited in number so it may happen that they are not available after the transmission of the purchase order, for example in case of simultaneous purchases of the same product by several users.
8.2 In case of unavailability of the ordered Product, you will be promptly informed by email and will be entitled to terminate the contract. In case of payment, Sfusobuono undertakes to make the refund within a maximum of 15 working days from the date of collection; as a rule, the refund is made on the same means of payment used for the purchase, unless otherwise agreed with you.
9.1 Once you have received your order, you must check the condition of the Product that has been delivered/received. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Sfusobuono, is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, the user is recommended to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate on the carrier's transport document, any anomalies, accepting the package with RESERVE (i.e. damaged parcel, wet parcel, non-original ribbon with the mark SFUSOBUONO).
The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and/or Sfusobuono, in case of loss or damage to the Products, except in the case where the loss or damage is due to intent or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, it is also recommended that the user give prompt notice to firstname.lastname@example.org. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unchanged.
9.2 The provisions of art. 61 of the Consumer Code apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
10.1 The following payment methods are accepted on the Site:
- Payment card (VISA, MasterCard, Maestro)
- Bank transfer
The charge will only be made after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Sfusobuono. Sfusobuono therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made when the order is transmitted.
10.3 You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions of contract agreed between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Sfusobuono. Sfusobuono is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to such account.
n the case of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for whatever reason, the refund amount due to you will be credited to your PayPal account. The credit time to the payment instrument connected to such account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favour of such account, Sfusobuono cannot be held responsible for any delay or omission in crediting the refund amount, and you must contact PayPal directly. Any refund to be made in accordance with these General Conditions of Sale will be credited to your PayPal account.
10.4 If you choose bank transfer as the payment method, after placing your order you will be able to make the payment at the bank details indicated on the Site.
In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the transfer by Sfusobuono and not from the date of transmission of the order, as is the case if you choose other payment methods.
Unless otherwise agreed, the Services will be rendered only after receipt by bank transfer of the Total Amount Due.
Please indicate the following data in the reason for the transfer:
- the order reference number
- the date of placing the order
- name and surname of the holder of the order, if different from that of the account holder from which the transfer originates.
After sending the order you must arrange for payment within 2 working days. In default, Sfusobuono reserves the right to cancel the order on the next (1) business day.
11.1 In the event that the person who makes purchases on the Site requires the issue of an invoice and/or is not a "consumer or user" as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the rules of withdrawal of these General Conditions will not apply, nor, more generally, the provisions of the same Consumer Code apply only to "consumers".
11.2 You have the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except in the cases of exclusion provided for in paragraph 11.3 below. To exercise this right, you must send an email to email@example.com within 14 days from the date of receipt of the Products indicating all the details of the order. If you intend to exercise the withdrawal before having received the Products, the communication of withdrawal may be sent at any time before their receipt.
11.3 The right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:
- order of products made to measure or clearly personalized;
- order of Products that are in danger of deteriorating or expiring rapidly;
- order of sealed Products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, you are informed and accept that the Products that "risk deterioration or expire rapidly" include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration even as a result of improper storage.
11.4 If Sfusobuono agrees to collect/replace the Product falling within one of the cases of exclusion mentioned in the paragraph 11.3, if reported within 14 days from the receipt, you undertake to return it suitably protected and packaged, bearing the shipping costs within 14 days from the communication of withdrawal. Sfusobuono also undertakes to return the sum paid at the time of the purchase order within 14 working days of receipt of the Product, on the same means of payment used for the purchase.
12.1 By placing an order on the Site, you consent to receive the invoice to be specifically requested by email at firstname.lastname@example.org, only in paper format since the Flat Tax Scheme does not request electronic invoicing. For the issuance of the invoice, the information provided by you will be considered authentic, which you declare and guarantee to be true, obliging you to keep Sfusobuono indemnified and indemnified from any damage, including penalties issued by the competent authorities, that may arise in case of failure to comply with the truth of the same. Sfusobuono reserves the right to contact you in case of missing information blocking the billing process.
12.2 Sfusobuono shall not be liable for any damage suffered by the user or third parties or to property belonging to the user or third parties due to delays in delivery or related to the use of the Product.
13.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
13.2 We remind you that in the case of consumer users, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the court where Sfusobuono's registered office is located in accordance with the provisions of article 1 above shall have jurisdiction.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, Sfusobuono informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to Sfusobuono, following which it was not however possible to resolve the dispute thus arising, Sfusobuono will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not he intends to use these bodies to resolve the dispute.
13.4 Sfusobuono also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.
13.5 In any case, the consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary courts, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
13.6 The user residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the Regulation can be found on the website www.eur-lex.europa.eu.
All the Products sold on the Site are covered by the Legal Compliance Assurance provided for by the articles. 128-135 of the D. Leg. n. 128-135 of the Consumer Code (Legal Assurance). The Legal Assurance is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Site for purposes unrelated to business, commercial, craft or other professional activities. Those who have purchased on the Site and who do not hold the quality of consumers will be covered by the assurance for the defects of the Product sold, the assurance for quality defects promised and essential and the other assurances provided by the Civil Code with the related terms and limitations.
You may request information, send communications, request assistance or submit complaints by contacting Sfusobuono as follows:
Sfusobuono will respond to complaints within 5 working days of receipt.