Pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented
1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions") have as their object the regulation of the purchase of products and services, made at a distance and made available, through the Internet, by the site" nuovabottegaitalia.com " (hereinafter, the "Website") in accordance with the Italian legislation pursuant to Legislative Decree 206/2005 as amended and supplemented (hereinafter referred to as "Consumer Code").
Il venditore dei prodotti e titolare del Sito è: Nordkapp società cooperativa, con sede legale, in Reg. Ruato n° 3, 17031 – Albenga (SV), C.F/ P.I. e iscrizione al Registro Imprese di Savona n. 01815720097, REA: SV – 221324 – Indirizzo di posta elettronica nordkapp@pec.confcooperative.it (hereinafter referred to as 'Nordkapp Net").
The consumer who accesses the Site to make purchases (hereinafter referred to as "Customer") is obliged, before sending the order, to carefully read these General Terms and Conditions, which have been made available to him on the Site and which will be available for consultation at any time by the Customer, including via the link contained in the confirmation email of each order to allow him to reproduce and memorise them.
In the event that the person who makes purchases on the Site requires an invoice to be issued and/or is not a "consumer or user" as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the withdrawal regulations set out in Articles 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the Consumer Code apply only to "consumers" shall not apply.
Contracts concluded with Nordkapp Net through the Site are governed by these General Terms and Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and Ordering Products
The features and price of the various products on sale on the Site (hereinafter referred to as "Product" o "Products") are shown on the page for each Product.
For the purchase of Products, the Customer shall fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the "Shopping Cart" and, after having read the General Conditions and Privacy Policy and confirmed their acceptance, shall enter the shipping and invoicing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts the transcribed General Terms and Conditions and Payment Conditions.
The contract stipulated between Nordkapp Net and the Customer must be considered concluded with the acceptance of the order by Nordkapp Net. This acceptance is communicated to the Customer through an email confirmation of the order itself containing a reference to these General Terms and Conditions, the order number, the shipping and billing information, the list of Products ordered with their essential characteristics, and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies any errors in the order he will have 12 hours from receipt of that email to contact Customer Service directly from the Site using the appropriate contact email. After this time, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights under Article 7 below.
Nel momento della ricezione dell’ordine Nordkapp Net si riserva di verificare la disponibilità effettiva dei prodotti ordinati, qualora solo pochi Prodotti non risultassero in stock, Nordkapp Net evaderà l’ordine con i Prodotti disponibili. In caso di uno o più prodotti mancanti le informazioni relative all’addebito finale o al rimborso saranno contenute nella mail di conferma spedizione e varieranno a seconda del metodo di pagamento utilizzato.
Only in the event of payment by Credit Card or PayPal, authorisation for the exact amount of the charge will be requested at the time of ordering. During shipment, only the cost of the products actually sent will be charged and any pre-authorised and unused amounts will be released to the payment method chosen by the Customer in a short time, in accordance with the timeframe envisaged by the payment method itself.
3. Product Information
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in colour and size. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail.
4. Prices and Shipping
Product prices include all taxes and duties. All prices are in Euro.
- Shipping to Italy:
Shipments are currently available throughout the country. - Shipments Abroad:
The cost of shipping abroad can be checked under 'where we ship'.
5. Payment and Invoicing
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer, prepaid cards.
- PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even a prepaid card, or in any case according to the terms accepted by PayPal and in compliance with its conditions. - Credit Card
The circuits on which it is possible to purchase within the Site are: Visa / Visa Electron e Mastercard
Per garantire la massima sicurezza, il Cliente effettuerà la transazione di pagamento direttamente sul server sicuro della banca. Il Sito non memorizza il numero della carta di credito del Cliente, ma grazie al sistema di comunicazione protetto dell’istituto di credito di riferimento, dalla seconda spesa, il Cliente che lo desideri – tramite selezione dell’opzione apposita – potrà procedere con l’acquisto senza inserire nuovamente i suoi dati. L’Istituto di credito di riferimento utilizza il protocollo SSL per crittografare i dati trasmessi tra il suo server ed il browser del Cliente. - Bank transfer
Il Cliente dovrà effettuare il bonifico entro 3 giorni dalla data dell’ordine per gli ordini relativi a prodotti; nel caso il pagamento non si verificasse entro 3 giorni, l’ordine verrà annullato e la merce messa nuovamente a disposizione per l’acquisto da parte di altri Clienti. Il Cliente che non abbia provveduto ad effettuare il bonifico potrà venire contattato dal Servizio Clienti al fine di chiarire se la causa del mancato accredito sia da imputarsi alla volontà del Cliente di non confermare l’acquisto o ad altre cause. Dati per il bonifico saranno forniti al cliente non appena ricevuto l’ordine. Causale: il Cliente dovrà indicare nella causale del bonifico la data e il numero di ordine, reperibile nell’email di conferma (es. “Ordine 01/01/14 n. 100012345”).
5.2 Invoicing of Orders
If the purchase is made by a professional, it will be possible to request an invoice by checking the appropriate box during the order process and entering the complete invoicing data. In this case, the invoice will be sent by email to the address provided. The professional is responsible for the correct input of the invoice data and is expressly informed that, if the invoice is not requested during the order process, it will not be possible to request it later. An invoice will also be produced for private customers and a copy will be sent by email and included in the delivery package.
6. Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the 'Shipping Data' field.
All purchases will be delivered by express courier (hereinafter referred to as "Courier") from Monday to Friday, excluding public holidays and national holidays. Nordkapp Net is not liable for delays that cannot be foreseen or attributed to it.
Once the Products have been shipped, the Customer will receive a confirmation email including a link to which he/she can refer for tracking the shipment.
In any event, except in cases of force majeure or unforeseeable circumstances, the Products ordered shall be delivered within a period of 7 (seven) working days from the day following the day on which Nordkapp Net confirmed the order to the Customer by means of an order confirmation email.
- Active delivery services abroad:
Express Courier
Shipments abroad may be made with different couriers depending on the country of destination in order to ensure the best available rate for the Customer.
Countries where the service is activeAndorra, Austria, Belgium, Bosnia-Herzegovina, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
7. Right of Withdrawal
The customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, without prejudice to the cases of exclusion provided for in Section IV below. In order to exercise this right, the Customer must send Nordkapp Net a notice within 14 days from the date of receipt of the Products, listing the causes and accompanying everything with explanatory photos and sending a return receipt, or, if the Customer wishes to exercise the right of withdrawal before having received the Products, the notice of withdrawal may be sent at any time before their shipment.
Such notice shall be sent by registered letter with acknowledgement of receipt, addressed to
c.a. Returns and Refunds Office
Nordkapp cooperative society
Reg. Ruato 3
17031 ALBENGA (SV)
The Customer Service of Nordkapp Net will, once it has received the communication, open a file for the management of the return and communicate to the Customer instructions on how to return the Products, which will be done by the courier indicated by Nordkapp Net itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
II. In the event of exercising the right of withdrawal Nordkapp Net will refund the Customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date the notice of withdrawal was received, without prejudice to Nordkapp Net's right to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same method of payment used by the Customer, unless the latter has expressly requested a different method. In the case of bank transfer or cash on delivery payment, it shall be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the gratuitousness of the return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Art. 59 of Legislative Decree 21/2014:
– ordine di Prodotti confezionati su misura o chiaramente personalizzati;
– ordine di Prodotti che rischiano di deteriorarsi o scadere rapidamente;
– ordine di Prodotti sigillati che non si prestano ad essere restituiti per motivi igienici o connessi alla protezione della salute o che sono stati aperti dopo la consegna.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that are "liable to deteriorate or expire rapidly" include all foodstuffs (including wines, spirits and beverages) and cosmetics, since the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and customer protection, The right of withdrawal only applies to Products purchased on the Site that can be returned to Nordkapp Net and put back on the market without endangering consumers' health (such as books, gadgets, kitchen utensils, etc.).
In cases where the right of withdrawal is excluded, Nordkapp Net will return the purchased Products to the Customer, charging him/her for the shipping costs.
8. Free Returns in the Event of Exercise of the Right of Withdrawal
As a more favourable condition for the Customer, Nordkapp Net shall bear the full shipping costs for the return of the Products in the event of the exercise of the right of withdrawal.
In order to benefit from such free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Nordkapp Net to agree on the return of the Products to the courier.
9. Annullamento o modifica indirizzo di spedizione dell’ordine
Il Cliente potrà annullare o richiedere il cambio di indirizzo spedizione dell’ordine entro 12 ore dalla conclusione dell’ordine stesso; trascorso tale termine l’ordine verrà messo in lavorazione e non sarà più possibile richiedere l’annullamento o il cambio di indirizzo di spedizione.
The Customer shall contact Customer Services by sending an e-mail to the Customer Service:
Nordkapp Net reserves the right to cancel the order in the event of unforeseeable difficulties, informing the Customer by e-mail, or, by agreement with the Customer, changing the day and/or time of delivery.
10. Warranty and Conformity Defects
In the event of conformity defects in Products sold by Nordkapp Net, the Customer must immediately contact Customer Service by sending an e-mail to the following address.
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by means of repair or replacement, or to an appropriate reduction of the price or to the termination of the contract.
In the event of a faulty or corked wine, the Customer is asked to keep the bottle with at least 2/3 of its contents and its original cork and to report the alleged non-conformity to Customer Service. Nordkapp Net will intervene as soon as possible by arranging a free collection in order to carry out a thorough check and propose the most suitable solution.
The Customer forfeits these rights if he does not report the lack of conformity to Nordkapp Net within a period of two months from the date on which he discovered the defect, unless the Product is by its nature perishable or subject to expiry within a shorter period, in which case the defect must be reported within this reduced period.
11. Errors and Limitations of Liability
The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Nordkapp Net cannot therefore be held liable, except in cases of intent or gross negligence.
Nordkapp Net reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
Except in the event of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or the payment of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or non-fulfilment, even partial, of an order.
Nordkapp Net promotes the responsible consumption of alcoholic beverages and excludes any liability, except in cases of intent or gross negligence, in the case of purchases made by persons under 18 years of age. By purchasing any alcoholic product you declare that you are of legal age as per art. 7 of DL 158/2012. Nordkapp Net accepts no liability in the event of a purchase made by a person under the age of 18 who has declared to be of a different age.
12. Complaints
Any complaints must be forwarded to Nordkapp Net using the Customer Service email indicated on the site, or by registered mail with return receipt to the following address:
c.a. Complaints Office
Nordkapp cooperative society
Reg. Ruato 3
17031 ALBENGA (SV) ITALY
Nordkapp Net undertakes to respond to all requests received within a maximum of 7 working days.
13. Online consumer dispute resolution (ADR and ODR)
ADR
According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code), the customer may avail himself of the Joint Conciliation Procedure. The Procedure may be initiated if the consumer, after having submitted a complaint to the company within 45 days, has not received a reply or has received a reply that is not satisfactory to him.
Il cliente che decide di avvalersi della procedura di Conciliazione Paritetica di Savona è obbligato a trasmettere la domanda all’indirizzo: Via Orefici 3/2 SAVONA
ODR
Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute they may lodge a complaint via the European Union's ODR platform, which can be found at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users wishing to resolve disputes arising from online sales or service contracts out of court.
14. Applicable Law and Jurisdiction
The sales contract between the Customer and Nordkapp Net is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of the Customer's municipality of residence or domicile shall have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Savona, any other jurisdiction being excluded.
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Ai sensi dell’articolo 1341 c.c. il Cliente dichiara di aver letto e di accettare specificamente i seguenti articoli delle presenti Condizioni Generali: 6 (responsabilità per ritardi nella consegna), 10 (facoltà di correggere errori – esclusioni di responsabilità).
