Terms and Conditions of Sale
Premise: effectiveness of the terms and conditions of sale
These terms and conditions of sale (hereinafter, "terms and conditions") have as their object the regulation of the purchase of products carried out remotely and made available, via the Internet, from the site www.anessi.it (hereinafter , the Site) in compliance with the Italian legislation on distance contracts (Legislative Decree 70/2003).
This site is owned by Anessi di Anezka Netocna with registered office in Via A. Volta 37 - 36075 Montecchio Maggiore (VI) tax code and company registration 403093 – VAT number 04425530245, and is dedicated to retail of groceries.
The seller is:
Anesses of Anezka Netocna
Registered office: Via A. Volta 37/A - 36075 Montecchio Maggiore (VI)
Fiscal code/VAT number: NTCNZK91H70Z156A/04425530245
REA: VI 403093
Anessi di Anezka Netocna observes the legislation on distance contracts pursuant to art. 50 and following of Legislative Decree 206/2005 and Legislative Decree 70/2003 and subsequent amendments and additions.
Contracts concluded remotely with Anessi di Anezka Netocna through the site are governed by these terms and conditions in compliance with Italian law. The language available to conclude the contract is Italian.
The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available to him on the Site to allow him to reproduce and store them.
Art.1 – Premises
The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE
Art. 2 – Definitions
The expression "online sales contract" means the sales contract relating to the movable tangible assets of Anessi di Anezka Netocna, entered into between the latter and the Purchaser in the context of a distance selling system using telematic means.
The expression "Buyer" means the natural or legal person who makes the purchase, referred to in this contract.
Art. 3 – Object of the contract
Anessi di Anezka Netocna sells and the Purchaser purchases with a remote sales contract, via the internet, the food products selected and ordered by the Purchaser from among those included in the electronic catalog on the website www.anessi.it and currently available.
Art. 4 – Methods of signing the contract
The contract between Anessi di Anezka Netocna and the Purchaser is concluded exclusively through the Internet through the Purchaser's access to the address www.anessi.it, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
The contract is considered concluded, and is binding for both parties, after the exact completion of the request form and the consent to the purchase and the subsequent confirmation, of the successful registration of the purchase order made by the Purchaser via message summary of the order, sent to the e-mail address indicated by the Purchaser himself and/or with a web screen.
The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
In the event of any unforeseeable out-of-stocks due to unforeseeable factors or other causes, Anessi di Anezka Netocna undertakes to promptly notify the Purchaser via e-mail of the unavailability of the product and to refund or otherwise not charge the Purchaser the corresponding price , or to inform the Purchaser of the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
Anessi di Anezka Netocna reserves the right not to accept incomplete and/or not duly completed purchase orders by notifying them via email to the email address indicated by the Purchaser himself and/or via web screen.
Art.5 – Buyer's obligations
The Purchaser undertakes to read and accept these terms and conditions.
Once the online purchase procedure has been completed, the Purchaser undertakes to print and/or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
The Purchaser is strictly prohibited from entering false and/or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications. The personal data and e-mail address must correspond exclusively to one's own personal data and not to those of third parties.
The Purchaser declares to be of age.
Art.6 – Delivery times and methods
Anessi di Anezka Netocna assumes the burden of delivering to the Purchaser, in the place indicated by the latter and by courier, the products selected and ordered by the latter. Deliveries are possible only in the Italian territory, in San Marino and Vatican City.
Deliveries are made, approximately within 3 working days, starting from the date of transmission of the purchase order confirmation by Anessi di Anezka Netocna. No deliveries are made on Saturdays and public holidays.
Art.7 – Transport damage
In the event that the Purchaser finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reservation on the Courier's proof of delivery or refuse acceptance of the damaged package by writing the reason in pen on the waybill that the Courier requires you to sign upon delivery receipt. The Buyer who has accepted the package subject to inspection and has subsequently found damage to the product must report the damage within 8 days of delivery by sending a registered letter with return receipt to Anessi di Anezka Netocna, Via A. Volta 37 - 36075 Montecchio Maggiore (VI). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and the tax documentation.
In the event that the Purchaser finds damage to the product due to transport that is not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery. by sending a registered letter with return receipt to Anessi di Anezka Netocna, Via A. Volta 37 - 36075 Montecchio Maggiore (VI). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and the tax documentation.
If the Purchaser does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the right to replacement or refund.
Following the complaint presented by the Purchaser, Anessi di Anezka Netocna will replace the damaged product. In the event that, for any reason, Anessi di Anezka Netocna is unable to replace the product, it may refund the entire amount paid or replace it with a product of equal or greater value in agreement with the purchaser.
Art. 8 – Notification of defects and legal guarantee
Anessi di Anezka Netocna has the obligation to deliver to the purchaser goods compliant with the sales contract and is liable to the purchaser for any lack of conformity existing at the time of delivery of the goods.
The products are covered by the two-year legal guarantee for lack of conformity pursuant to articles 128,129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and additions.
The guarantee is reserved to the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and additions.
The buyer loses the guarantee if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
The legal guarantee only covers the replacement of goods that do not comply with the sales contract, as the object of the contract are food products. The guarantee does not apply in the event that the reported defects derive from incorrect storage, handling or use or transport of the product by the consumer or in the event of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not apply whenever the defect is attributable to the guilty or willful conduct of the consumer or depends on other causes not attributable to the production and transport of the product to the consumer's home.
In the event that the Purchaser discovers lack of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to Anessi di Anezka Netocna, Via A. Volta 37 - 36075 Montecchio Maggiore (VI ). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and the tax documentation.
In the event of a lack of conformity, duly reported within the established terms, the purchaser will have the right to have the product replaced within a reasonable term unless the remedy itself is objectively impossible or excessively burdensome or, secondarily, he will have the right to a price reduction or the termination of the contract. A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
Anessi di Anezka Netocna reserves the right to verify the existence of the lack of conformity.
Anessi di Anezka Netocna reserves the right to notify the purchaser if it will collect the defective product from the purchaser's home.
The operating times for carrying out the activities relating to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
Anessi di Anezka Netocna will never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be made within 60 days of delivery of the defective product to Anessi di Anezka Netocna. Otherwise, the Purchaser will be able to carry out one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account the possible use of the goods).
Art.9 – Right of withdrawal
Pursuant to the law, the Buyer may exercise the right to withdraw from the contract without specifying the reason and without paying a penalty within 14 days starting from the day on which the Buyer or a third party other than the carrier and designated by the Buyer, acquires physical possession of the last good.
The right of withdrawal must be exercised by the Purchaser by sending a written communication by registered letter with acknowledgment of receipt, or by any other declaration, as long as explicit, to be sent to the address Anessi di Anezka Netocna, Via A. Volta 37 - 36075 Montecchio Maggiore (VI), or by email at email@example.com . If the latter method is chosen, a confirmation of receipt of said withdrawal will be immediately sent via e-mail
The communication must include name, address, the order number of the purchase, the will to withdraw from the purchase and the product or products for which it intends to exercise the right of withdrawal; the Purchaser must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which he can be contacted and the bank details of the current account on which he wishes to receive a refund of the amount paid.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Once the notice of withdrawal has been received, Anessi di Anezka Netocna will notify the Purchaser of the address to which to ship the products to be returned and the authorization to return the products.
The Purchaser must send the product carefully packed in its original packaging, complete with everything originally contained, to the address communicated. The shipment by the Purchaser must take place by courier or by delivery to the Seller or to a third party authorized by the latter within 14 days of the notification of withdrawal from the contract to Anessi di Anezka Netocna. Upon receipt of the products or until the buyer has demonstrated that he has returned the goods, whichever occurs first, Anessi di Anezka Netocna will refund the amount paid to the buyer. For the purposes of expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the shipper.
In case of exercise of the right of withdrawal within fourteen days and subsequent amendments and additions, the costs incurred by the Purchaser for returning the products to Anessi di Anezka Netocna shall be borne by the Purchaser.
In case of exercising the right of withdrawal, the integrity of the goods to be returned is an essential condition.
Anessi di Anezka Netocna will reimburse the sums paid by the Purchaser within 14 days from the day on which it is informed of the Purchaser's decision to withdraw from the contract using the same form of payment used by the Purchaser for the initial transaction, unless expressly agreed otherwise with the Buyer.
The refund may be suspended until receipt of the goods or until the Buyer demonstrates that he has sent back the goods, whichever is earlier.
Article 10 - Prices
All sales prices of the products displayed and indicated on the website www.anessi.it constitute an offer to the public pursuant to art. 1336 of the civil code
The Purchaser will pay Anessi di Anezka Netocna the price indicated in the online catalog at the time the Purchaser placed the order for the products purchased. This price will be expressed in euros and will include VAT.
The shipping costs of the products, where foreseen to be borne by the Purchaser, will be applied according to the prices indicated in the appropriate section published on the website www.anessi.it which the Purchaser has read before placing the order .
The prices of the products can be updated and therefore undergo daily variations.
There are no minimum amounts to place an order.
Art.11 – Contribution to shipping costs
The buyer will pay Anessi di Anezka Netocna, as a contribution to the shipping costs, the fixed amount of €7.99 for amounts up to €49.99; no transport costs will have to be paid for amounts exceeding € 50.
Art.12 – Promotions and gifts
Any promotions offered and the offer of any free products are valid until stocks last and within the purchase limits indicated on the site and www.anessi.it. Promotional products can be delivered in promotional packs, different from those published on the website www.anessi.it
Any discount codes received cannot be combined, they do not apply to other promotions already in progress and to the calculation of the minimum threshold of €60 to obtain free shipping.
No replacement or return is possible in relation to any products received free of charge by the Purchaser.
Art.13 – Responsibility
Anessi di Anezka Netocna assumes no responsibility for disservices attributable to force majeure of any nature and kind, in the event it fails to execute the contract within the time agreed.
Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of its own employees or of the carriers of which Anessi of Anezka Netocna uses, as well as any other circumstance that is beyond the control of the latter.
Without prejudice to the provisions of art. 8 of the EU Directive 97/7 and of the art. 56 of Legislative Decree 206/2005 and subsequent amendments and additions, Anessi di Anezka Netocna assumes no responsibility for any fraudulent use made by third parties of the credit card details provided by the Purchaser.
Anessi di Anezka Netocna cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.
Furthermore, Anessi di Anezka Netocna will not be liable for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, since the Purchaser is only entitled to the full refund of the price paid and any charges supported accessories.
Art.14 – Methods of payment and invoicing
The Purchaser will pay for the products ordered according to the following methods: credit card (also prepaid) and/or Paypal and/or bank transfer.
The credit cards accepted by Anessi di Anezka Netocna are: Visa, VPay, Visa Electron, Mastercard, Maestro.
Once the payment method has been chosen, the buyer will be directed to the relative site to carry out the transaction and complete the payment. In case of payment by bank transfer, the order will be prepared only after receipt of the payment.
The payment will include the costs for the shipping contribution, where applicable, to be paid by the Purchaser, according to the methods of the offer published on the website www.anessi.it
Anessi di Anezka Netocna will send the invoice by certified e-mail (PEC) to the address indicated in the order, only to registered Buyers with a VAT number and who have requested it by "ticking" the appropriate box on the checkout page. For all the others, the order confirmation email is valid as receipt of the same.
For the issuance of the tax document, the indications provided by the Purchaser at the time of the order will prevail. No variation will be possible after the issuance of the fiscal document. To this end, the Purchaser undertakes to carefully check the data entered at the time of the order, as these will be used for accounting entries.
Art.15 – Termination of the Contract and Express Termination Clause
The obligations assumed by the Purchaser in art. 2 above (Obligations of the Purchaser), as well as the guarantee of the successful completion of the payment that the Purchaser must make, are of an essential nature, so that, by express agreement, the non-fulfilment by the Purchaser of only one of these obligations will determine the legal termination of the contract pursuant to article 1456 of the civil code, without the need for a judicial decision, without prejudice to the right of Anessi di Anezka Netocna to take legal action for compensation for further damages.
Art.16 – Security
Online transactions by credit card and Paypal are carried out on their respective sites, via secure servers which adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to avoid the interception, modification or falsification of information.
Anessi di Anezka Netocna never gets to know the customer's credit card or Paypal account data.
Art.17 – Modifications
Anessi di Anezka Netocna reserves the right to vary these terms and conditions at any time, publishing the updated version from time to time on the website and www.anessi.it.
Any new clauses will be effective for purchases made after the date of the modification.
Art.18 – Applicable law
This contract is regulated by the Italian law. These terms and conditions are reported, for anything not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.
Art.19 – Jurisdiction
Any dispute relating to the application, execution, interpretation of this contract stipulated online through the site www.anessi.it is subject to Italian jurisdiction.
For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the Italian State.
If the Purchaser's residence or domicile is not located in the territory of the Italian State, the Court of the place where the goods were delivered is competent.
Art. 20 – Protection of confidentiality and treatment of the Purchaser's data
Anessi di Anezka Netocna, independent owner of the processing of the Buyer's data, protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 196/2003 and the Regulation EU 679/2016.
The personal and fiscal data acquired directly and/or through third parties by Anessi di Anezka Netocna, independent data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods for the purpose of registering the order and activate the procedures for the execution of this contract and the related necessary communications, as well as the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003 and Article 6 of EU Regulation 679/2016).
Anessi di Anezka Netocna undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only at the request of the Judicial Authority or other authorities authorized by law.
Personal data will be communicated, upon signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
With regard to your personal data, we inform you that you can exercise the rights provided for by art. 15 et seq. of EU Regulation 679/2016, as well as by art. 7 of the Privacy Code, listed below:
5.1 Access to the following information:
- purpose of the treatment,
- categories of personal data in question,
- recipients or categories of recipients to whom such personal data have been or will be disclosed, in particular if recipients of third countries or international organizations,
- existence of the right of the interested party to ask the data controller to rectify or cancel personal data or limit the processing of personal data concerning him or to oppose their treatment;
5.2 Correction, by this meaning:
correction of inaccurate personal data concerning him without justified delay,
integration of incomplete personal data, also by providing a supplementary declaration;
5.3 Deletion of data concerning you without unjustified delay, if:
- the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
- a withdrawal of consent is formulated and there is no other legal basis for the processing,
- you object to the processing and there is no overriding legitimate reason to proceed with the processing,
- the personal data have been processed unlawfully,
- personal data must be erased to fulfill a legal obligation,
- the personal data have been collected in relation to the offer of information society services;
5.4 Restriction of processing:
- if you dispute the accuracy of the personal data, for the period necessary for the data controller to verify the accuracy of such personal data
- when the processing is unlawful and the interested party opposes the cancellation of personal data and instead requests that their use be limited,
- when the personal data are necessary for the interested party to ascertain, exercise or defend a right in court, even though the owner no longer needs them for the purposes of the processing,
- if you object to the processing by virtue of the right to object;
5.5. Receive notification in the event of rectification or cancellation of personal data or limitation of treatment;
5.6. Data portability: i.e. the right to receive personal data concerning you in a structured, commonly used and automatically readable format and have the right to transmit such data to another data controller, if: the treatment is based on consent expressed by the interested party for one or more specific purposes or occurs on the basis of a contract signed with the interested party and
the processing is carried out by automated means;
5.7 Opposition at any time, for reasons related to your particular situation, to the processing of personal data concerning you.
You have the right to lodge a complaint with a supervisory authority if you believe that the rights indicated here have not been recognised.
To exercise the above rights, you can contact the Data Controllers by sending a registered letter with return receipt to Anessi di Anezka Netocna with registered office in Via A. Volta 37 - 36075 Montecchio Maggiore (VI) or an email to firstname.lastname@example.org . The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
Art. 21 – Methods of filing the contract
1. Pursuant to art. 12 of Legislative Decree 70/2003, Anessi di Anezka Netocna informs the Purchaser that each order sent is stored in digital form at the Anessi di Anezka Netocna headquarters according to confidentiality and security criteria.