1.0 General provisions
1.1 This online shop, www.quercettistore.com (hereinafter referred to as the “Store”) is sole property of Quercetti & C. S.p.A. (hereinafter “Quercetti”) and is managed by Quercetti, with registered office in Corso Vigevano 25, Turin (Italy), VAT number IT00491490017. Quercetti is the sole owner of the rights on the domains, logos, trademarks and of the copyrights applied to the Store and to the Products.
1.2 These general sales conditions (hereinafter “General Conditions”) regulate the relationship between the customer (hereinafter referred to as the “Customer”) and Quercetti for all that concern the purchase of the products (hereinafter the “Products”) available from time to time in the Store. The language to be used to enter the contract is the Italian language.
1.3 The Customer shall read carefully the General Conditions which have been made available in the Store with the purpose of allowing their memorization and reproduction pursuant to Article 12 of the Italian Legislative Decree of 9 April 2003, n. 70. (Implementation of the Directive 2000/31/EC).
1.4 The agreements entered with Quercetti by entering the Store are regulated by the Italian Law, in particular by the Italian Legislative Decree of 6 September 2005, n. 206 (the Italian Consumer Code, Codice del Consumo) and by the Italian Legislative Decree of 9 April 2003, n. 70 (Implementation of the Directive 2000/21/EC regarding the legal aspects of the information society services linked to the internal market, with particular reference to the e-commerce).
2.0 Availability of the Product
2.1 All the Products put on sale online are subjected to the availability of the moment. Quercetti reserves the right to modify the quantities and/or the type of purchasable goods at any time. In case of unavailability of the ordered Product, the Customer will be promptly informed about the impossibility to fulfill the order.
3.0 Price
3.1 The prices of the Products are expressed in € (Euros). The Products are shipped exclusively in Italy. Prices include VAT but delivery costs are excluded.
3.2 Quercetti constantly checks that all the prices indicated in the Store are correct, without assuring, however, the absolute lack of mistakes. In the event that a mistake in the price of a Product shall occur, Quercetti will give the Customer the possibility to confirm the order at the correct price or to cancel it.
4.0 Purchasing methods
4.1 The characteristics and the prices of the Products are reported in the offer related to every single Product in the Store.
4.2 To purchase the Products, the Customer shall fill in the purchase order form and send it to Quercetti by electronic means following the instructions available on the Store. To conclude the order, the Customer will shall register to the Store by inserting the mandatory data and by choosing a password. All the details related to the data processing policy are noticed to the Customer at the moment of registration. After having examined and accepted the delivery charges, as well as the Geneneral Conditions, the Privacy Policy and the conditions on the right of withdrawal, the Customer will have to select the desired method of payment and to confirm the order. By sending the purchase order to Quercetti, the customer acknowledges and declares that he/she has read all the instructions provided during the purchasing process and that he/she has fully accepted the General Provisions, also when referred to by means of links.
5.0 Conclusion of the agreement
5.1 The Agreement entered by Quercetti and the Customer shall be considered concluded when the Customer receives from Quercetti the Order Confirmation by e-mail.
5.2 Quercetti shall send to the Customer by e-mail an order confirmation, which shall include: the description of the purchased Products, the date in which the order has been placed, the delivery address, the detailed indications on prices, the method of payment chosen by the Customer, the delivery costs. The Customer shall verify without delay the content of the order confirmation and promptly notify Quercetti of possible lacks or mistakes. In the event that the Customer does not receive the order confirmation within 24 hours, he/she shall promptly contact Quercetti at the e-mail address customerservice@quercetti.com .
5.3 Should the Customer so request, Quercetti shall issue a commercial invoice simultaneously with the shipment of the goods and transmit it by e-mail or ordinary mail to the consignee, in compliance with the Italian law D.P.R. 445/2000 and D.L. 52/2004. The commercial invoice shall be issued with reference to the information provided by the Customer when placing the order. After the invoice has been issued there will not be any possibility of modifying it.
5.4 The orders will be filed in the database of the Store, subject to the provisions of the Italian Legislative Decree of 30.06.2003 n. 196, and will be accessible by entering in the section “My orders”.
6.0 Methods of payment
6.1 The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal or UPmobile.
6.2 In order to pay by credit card, the Customer will be addressed to the website of the bank which hold or manage the on-line payment service, to which he/she shall transmit the data of the credit card at issue. The data shall be transmitted through a connection which is protected against unauthorised access, by means of a Secure Socket Layer (SSL) transmission with a128 bit encryption. These data are not available to third parties nor to Quercetti. Quercetti reserves the right to verify the Customer’s details for administrative and accounting reasons. The transaction will be charged only once the company issuing the credit card has given its debit authorisation. The orders payed by credit card will be processed immediately and cleared in the shortest possible time.
7.0 Transport and delivery
7.1 For safety reasons, the signature of an adult who has reached the age of majority (18 years of age) will be needed at the moment of delivery. No delivery will be made to PO boxes.
7.2 The delivery costs are charged to the Customer and are clearly highlighted in the order confirmation.
7.3 The orders will be cleared and delivered from Monday to Friday, except on public holidays and during holiday periods. Quercetti is not responsible for any unexpected delay provided that, without prejudice to cases of force majeure, the Products are delivered within 30 (thirty) days from the day following the date on which the Customer sent Quercetti the purchase order.
7.4 In order to deliver the goods, the presence of the Customer or of his/her representative at the address indicated in the purchase order is required. Upon delivery of the goods by the Carrier, the Customer shall make sure that: (A) the number of delivered cartons corresponds to that indicated on the carriage document (DDT, document di trasporto); (B) the packaging and the closure material are intact, neither damaged in any possible way, nor wet. Any damage in the packaging and/or in the product or the missed correspondence between the actual number of cartons and that indicated, shall be promptly notified by writing “subject to inspection” on the delivery note provided by the Carrier. Once the documents provided by the Carrier have been signed, cannot complain about the external conditions of what has been delivered anymore. The Customer shall notify any problem without any delay by writing at the e-mail address customerservice@quercetti.com .
7.5 In case of impossibility to deliver the ordered Products due to unavailability (even if temporary) of the goods, Quercetti shall give prompt notification to the Customer within and in any case no later than 30 (thirty) days by means of an e-mail. The amount paid by the Customer will be reimbursed as soon as possible and in any case no later than 30 (thirty) days from receipt of the purchase order.
7.6 Quercetti shall send to the Customer a confirmation e-mail once the Products have been shipped.
8.0 Right of Withdrawal
8.1 The Customer defined as “Consumer” (that is, a natural person, who purchases goods for purposes unrelated to business or professional activities) has right to withdraw from the contract without any penalties and without specifying the reason within 14 (fourteen days) from the date of delivery of the purchased product/s, in compliance with the new Directive 2011/83/UE implemented In Italy by D. Lgs. 21 Febbraio 2014, N. 21. To exercise the right of withdrawal, the Customer shall send a written notification by e-mail to the address customerservice@quercetti.com or by means of ordinary mail to Quercetti & C. S.p.A. – Corso Vigevano 25, 10152 Turin, Italy, including:
I) the expression of will to exercise the right to withdrawal;
II) the information about the Products for which the Customer wants to exercise his/her right of withdrawal;
III) the order number issued at the moment of the purchase.
The Customer undertakes to return the Products at the address Quercetti & C. S.p.A. - Corso Vigevano 25, 10152 Turin, Italy within 14 (fourteen) working days from the date in which the will to exercise the right to withdrawal has been expressed.
8.2 The costs incurred for returning the Product are entirely charged to the Customer. The Products shall be returned via an insured courier service in order to be able to track the goods. Quercetti is not responsible for the reimbursement or compensation of any lost, stolen or damaged Product.
8.3 Quercetti will reimburse the whole cost of the Products returned by the Customer (delivery costs included), provided that they are in their original packaging and that they have not been used nor damaged.
Quercetti shall promptly reimburse the Customer within and in any case no later than 140 (fourteen) days from the date of receipt of the withdrawal notification, provided that the conditions referred to in paragraph 8.1 have been met. Refunds will be carried out by bank transfer. Quercetti will send a notification e-mail once the transef has been made. Quercetti reserves the right to refuse the returning of Products that do not comply to the requirements referred to in paragraph 8.1.
9.0 Order cancellation/modification
9.1 In the event that the Customer wishes to modify or cancel an order, he/she shall promptly contact the e-mail address store@quercetti.it . Quercetti shall do anything in order to satisfy the Customer’s request. However, once the Product has been shipped, the order cannot be cancelled or modified until the goods will be returned to Quercetti. In this case see the conditions referred to in paragraph 8.1.
10.0 Warranties, Non-conformities, Complaints
10.1 Quercetti provides, in compliance with art. 128-135 of the Italian Consumer Code (Codice del Consumo) a legal guarantee of conformity for the product.
The legal guarantee of conformity is required by the Consumer Code (Codice del Consumo,art. 128 et seq) and protects the consumer in case of purchase of defective products, which do not work properly or that do not meet the purposes declared by Quercetti or those to which the good is usually intended for.
In the event that a Product sold by Quercetti presents defects and/or non-conformities, the Customer has right to have the defective good repaired or replaced by the vendor, without being charged any cost, unless the request is impossible or too expensive to satisfy. If repairing or replacing the product is not possible, the consumer has the right to a reduction on the price or to a refund, commensurate to the value of the good, provided that the defective product is returned to the vendor. The Customer shall promptly contact the customer service at the e-mail address customerservice@quercetti.com and in any case no later than 60 (sixty) days, producing the proof of purchase. Quercetti undertakes to replace, repair or reimburse the goods, according to the decision made by mutual agreement with the Customer, and to give him/her notification of the chosen terms.
10.2 The legal guarantee lasts two years from the date of the delivery of the good.
11.0 Product liability
11.1 The provisions referred to in Directive 1999/34/CE concerning damages caused by defective products are applied.
12.0 Privacy
12.1 Quercetti declares and guarantees that the Customer’s personal data are treated in compliance with the provisions of the Italian Legislative Decree n. 196 of 30.06.2003 and subsequent amendments. All the details related to the processing of personal data are conveyed to the Customer at the moment of registration referred to in paragraph 4.2. The complete and updated privacy policy is always available on the company website in the section called Privacy.
13.0 Mistakes and inaccuracies
13.1 Quercetti’s main goal is to provide the Website with constantly updated information. It is nevertheless impossible to guarantee the complete lack of mistake on the Store. The Store may contain mistakes, inaccuracies or omissions, which might be related to prices, Products availability or Products’ characteristics. Quercetti reserves the right to correct mistakes, inaccuracies or omissions even after an order has been placed, and to change or update the information at any time and without prior notice.
14.0 Guarantee of authenticity
14.1 All of Quercetti’s Products, which are sold on-line through the website www.quercettistore.com, are guaranteed by the registered trademark “Quercetti Original”.
15.0 Intellectual property
15.1 All of the intellectual property rights such as trademarks, service marks, shape marks and copyrights are sole property of Quercetti. No one of the webpages or contents of this Store shall be reproduced, transferred, modified, linked or used for public or commercial purposes without a prior express authorisation in written.
16.0 Applicable law, settlement of disputes, jurisdtiction
16.1 The conditions to enter the Store are regulated by and shall be intended in compliance with the Italian Law.
16.2 In the event of inefficiency or dispute between Quercetti and the Customer, we guarantee from now on that we would take part into any attempt to reach a friendly settlement at the law-enforcement agencies.
16.3 Any action derived from or related to the conditions or the use of the Store will fall under the sole jurisdiction of the Court of Turin.
17.0 ADR, Alternative Dispute Resolution (Joint conciliation)
17.1 The Customer can have recourse to a Joint Conciliation Procedure according to the Italian Consumer Code (Codice del Consumo, Italian Legislative Decree 6 September 2005 n. 206, art. 49, paragraph 1, point (V).
The Procedure may be initiated in case the consumer does not receive any reply or does receive a reply which is considered unsatisfactory, after having sent a claim to the company within 30 (thirty) days.
17.2 The Customer, who intend to have recourse to the Joint Conciliation Procedure shall transmit his/her request by means of an e-mail to the address conciliazione@consorzionetcomm.it or by fax at the n. +39 02/87181126.
For any further information please make reference to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl
18.0 ODR (On-line Dispute Resolution)
18.1 According to Regulation 524/2013 art. 14, in the event of a dispute, the Customer can present a claim by means of the European Union ODR platform at this link http://ec.europa.eu/consumers/odr/. This ODR platform takes the form of an interactive website which offers a single point of entry to consumers and traders who seek to resolve out-of-court a dispute which has arisen from a cross-border e-commerce transaction. For further information please contact customerservice@quercetti.com .
19.0 Contacts
19.1 For further information and assistance about the Store or the on-line purchasing methods do not hesitate to contact us at the e-mail address: customerservice@quercetti.com .