General Terms and Conditions of Sale
Art. 1 - General provisions
1. The user navigating in this area accesses O'Vagnitiello, accessible through the url: www.vagnitiello.it. The navigation and the transmission of a purchase order on the site imply the acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein.
2. These General Conditions of Sale apply to the supply of services with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by
Company BAIA BAGNITIELLO SAS DI SCHIANO LUCIANO E C.
Head office: VIA VICINALE BAGNITIELLO, 5 CASAMICCIOLA TERME (NA)
VAT number: 06463760634
Registered with the REA, number NA-491601
3. The user is required, before accessing the services provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale whose terms O'Vagnitiello reserves the right to modify unilaterally and without prior notice.
It is possible to use the site and therefore access services provided by the same and the purchase of these in the following languages:
Art. 2 - Object
1. These General Conditions of Sale regulate the offer, forwarding and acceptance of orders to purchase services on O'Vagnitiello and do not regulate, however, the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different subjects, we suggest you check their conditions of sale.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relevant instructions.
2. It contains the reference to the General Terms and Conditions of Sale, information on each service purchased, the means of payment that can be used, the conditions for exercising the right of withdrawal.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the "conclude order" button at the end of the wizard.
6. On conclusion of the contract, the seller takes charge of the order for its processing.
Art. 4 - Payment methods and prices
1. The price of the services will be the one indicated from time to time on the site, unless there is a manifest error.
2. In case of error O'Vagnitiello will inform the buyer as soon as possible allowing the confirmation of the order at the right amount or cancellation. In any case, O'Vagnitiello will not be obliged to supply what has been sold at the lower price erroneously indicated.
3. The prices of the site are inclusive of VAT. Prices may change at any time. Changes do not concern orders for which an order confirmation has already been sent.
4. Once the desired services have been selected, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. The details of the order can be changed before payment.
5. Payment can be made through:
Art. 5 - Delivery
1. The services provided by the web page will be delivered to the customer immediately and in any case no later than 30 days after the purchase made on the site.
2. The services will be available online or sent to the email address that the customer has provided at the time of purchase.
3. If the delivery cannot take place for reasons not attributable to either party, the user will be refunded the full payment.
Art. 6 - Passing of risk
1. The risks relating to the products shall pass to the purchaser from the time of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect of the products, including shipping costs, or at the time of delivery, if this occurs at a later date
Art. 7 - Warranty and commercial conformity
1. The seller is responsible for any defect in the products offered on the site, including the nonconformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer or any natural person acting on the site for purposes unrelated to his business or professional activity, this warranty is valid on condition that the defect becomes apparent within 24 months from the date of delivery of the products; that the buyer makes a formal complaint about the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is filled in correctly.
3. In the event of non-conformity, the purchaser who has entered into the contract as a consumer will be entitled to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with regard to the contested goods and the consequent return of the price.
4. All return costs for defective products will be borne by the seller.
Art. 8 - Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the purchaser with a single order and delivered separately, the term of 30 days starts from the date of receipt of the last product.
3. The user who intends to exercise his right of withdrawal from the purchase made on O'Vagnitiello, may do so by means of the following procedure telephone
4. The purchaser must also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 not compulsory
5. The goods may be returned to any point of sale or collection on Italian territory, as indicated on the web page at the time of purchase.
6. The goods must be returned intact, in their original packaging, complete in all its parts and complete with the attached fiscal documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 7 days, including any shipping costs.
7. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer has demonstrated that the goods have been returned.
8. The right of withdrawal will not apply if the services and products of O'Vagnitiello are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will perform the refund using the same means of payment chosen by the buyer during the purchase. In case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.
Art. 9 - Data processing
1. By using the site the user authorizes the processing of his personal data. This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
2. The data controller is ROBERTA SCHIANO.
3. The data controller, appointed by the data controller, is ROBERTA SCHIANO.
4. The data will be processed at VIA VICINALE BAGNITIELLO,5.
5. The data processing is carried out exclusively electronically, through computer tools and supports to ensure the security and confidentiality of the data. The information stored is protected from unauthorized access.
6. The data provided by users regarding purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated is processed.
7. The purpose of the use of such data is the execution of the purchase order and payments, the communication of such data to third party suppliers of payment and shipping services as well as contacts of an informative nature about the activities and services of the site, offers of a commercial nature of the affiliated companies and business partners
8. The provision of data and consent to the processing for the purposes of the contract or the execution of the order and payment is necessary for the conclusion of the contract and the execution of the contract, therefore the refusal to provide such data or to give consent to its processing makes it impossible for the user to purchase products and services offered.
9. The provision of data and consent to the processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to its processing may result in the impossibility for the user to receive such additional services.
10. Users have the right to have their data updated, rectified or integrated, to have their data deleted, transformed into anonymous form or blocked if processed in violation of the law, including data that does not need to be kept for the purposes for which the data was collected or subsequently processed, to be notified that the operations have been brought to the attention, also with regard to their content, to those to whom the data was communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him/her for legitimate reasons, even if pertinent to the purpose of the collection and processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
12. The user may also revoke at any time the consent to the processing of his/her data previously given to O'Vagnitiello.
13. All the rights provided by EU Regulation 2016/679 can be exercised by the user by writing to the following email: INFO@VAGNITIELLO.IT
14. At the first visit the user will be invited to choose his language and will offer the possibility to save the language of preference. To this end, the user authorizes the use of the identification codes so-called cookies, i.e. small files sent by their own internet server and recordable on the hard disk of the user's computer.
15. The hard disk collects information on the user's language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user's browser type.
Art. 10 - Safeguard clause
1. Should one of the clauses of these General Conditions of Sale be null and void for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 11 - Contacts
Any request for information may be sent by e-mail to the following address INFO@VAGNITIELLO.IT, by telephone to the following telephone number: 081/996164, and by post to the following address:
VIA VICINALE BAGNITIELLO, 5 CASAMICCIOLA TERME(NA) CAP 80074
Art. 12 - Applicable law and jurisdiction
1. These General Terms and Conditions of Sale are governed by Italian law and interpreted according to it, without prejudice to any other overriding mandatory rules prevailing in the buyer's country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian judicial authority. In particular, if the purchaser qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to applicable law.
These conditions were drawn up on 08/06/2020.