1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website www.desideri-box.com (hereinafter, the Website) under the law known as “Consumer Code”.
The seller of the products and the owner of the Website is: GAMP SRL, via Massa Avenza, 2 54100 Massa (MS)(hereinafter, “Desideri-box”).
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
The agreement entered into with Desideri-box through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
2. Choosing and ordering the Products
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between Desideri-box and the Customer shall be considered as concluded once the order has been accepted by Desideri-box. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Help”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to the Customer’s rights under section 7 below.
Once the order has been received, Desideri-box shall check the availability of the stocks for the fulfillment of the order. In the event that one or more of the Products are not available, the Customer Service of Desideri1958 shall timely send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, will not be charged to the Customer.
3. Product information
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail.
4. Prices and shipping
Product prices are inclusive of all taxes and fees. All prices are in Euros.
Shipping within Italy:
Shipping within Italy is free.
Shipping fees are applied and vary according to country of destination. The above mentioned fees will be shown to the Customer as they check out and in any case before purchase confirmation. When Customer selects a country of destination that differs from Italy, shipping fees will be automatically updated.
5. Payment and billing
5.1 Payment methods
Customer may pay Products and delivery costs by Credit Card, PayPal, bank transfer, Gift Card or Cash on delivery.
The circuits on which it is possible to buy on the Website are:
Visa/Visa Electron /Mastercard /American Express In order to guarantee the maximum security, the Customer shall carry out the payment transaction directly on the secure server of the bank.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the bank of reference, from the second purchase, the Customer who so wishes – through the selection of the appropriate option – shall be able to proceed with the purchase without re-entering his/her data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser.
Once the order is confirmed, the Customer shall be redirected to PayPal’s website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.
Customer will have to process their bank transfer within 3 days after products order placement and within 1 day after events/courses order placement. Should this not take place, customer’s order will be cancelled while products, events and course will be once again made available for purchase upon other customers.Customers who fail to wire a bank transfer may be contacted by Customer Service with the aim to find out whether the failure is to be ascribed to Customer’s decision to refrain from purchase or other reasons.
Bank wire transfer information:
c/c: LEONARDO DESIDERI
Reason for payment: Customer will have to enter their order’s date and number, which can be retrieved in the order confirmation email (i.e. “Order 01/01/14 no. 100012345”).
Customer will have to enter their Gift Card code after selecting this payment method at the check out.
Cash on delivery
This payment method is available only for delivering towards Tuscany, Emilia-Romagna, Liguria, Lazio e Umbria. Payment shall be made upon receipt of products and can only be made by cash.
6. Transport and delivery
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping & Delivery”.
All purchases shall be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, except public holidays and national holidays. Desideri-box is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped the Customer shall receive a confirmation email that includes a link for reference for the tracking of the shipment.
However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the day following the day in which Desideri-box confirmed the order to the Customer through a specific order confirmation email.
Active delivery services in Italy:
The service features two delivery attempts which will be made at the address entered by the Customer while placing the order. After each attempt an attempted delivery note will be left at the recipients’ end. Should the second attempt be unsuccessful, the Courier will try to telephone the recipient by ringing the phone number entered upon their order placement in order to arrange the delivery. Should Customer be unavailable, merchandise will be sent back to the warehouse.
Active delivery services Abroad:
SDA – DHL – UPS
Shipments abroad may take place with different couriers depending on the destination Country in order to guarantee Customers the best available rate.
Countries where service is available: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Luxemburg, Netherlands, Poland, Portugal, Monaco, United Kingdom, Czech Republic, Spain (except Canary Islands and Ceuta and Melilla), Hungary.
7. Right of cancellation
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a notice to Desideri-box within 6 hours (for perishables) or 14 days (for all other products) via email (firstname.lastname@example.org) or phone call or if he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.
The right of cancellation is subject to the following conditions:
I. The right applies to a Product purchased online at desideri-box.com.
II. In case of exercise of the right of cancellation, Desideri-box shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of Desideri-box to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. For money transfer or cash on delivery payments, Customers are bound to provide the banking information where they want their claim to be reimbursed (accounts holder, Bank name and address and IBAN).
III. In order to guarantee the free return of Products pursuant to article 8 below, the Products shall be returned in the same box in which they were received.
IV. In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:
– orders of tailored or clearly personalized Products;
– orders of Products which are likely to deteriorate or expire rapidly;
– orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” are included both all food Products (including wines, spirits and beverages) and cosmetics, because the features and qualities of these types of Products are subject to change even as a result of improper storage. Therefore, for reasons of hygiene and for the protection of Customers, the right of withdrawal applies only to Products purchased on the Website that may be returned to Desideri-box and remarked without danger to the health of the consumers (e.g. books, gadgets, kitchen utensils, etc.).
In the cases of exclusion of the right of withdrawal, the shipping costs shall be on the Costumer.
8. Free returns in case of exercise of the right of withdrawal
As a most favorable condition for the Customer, Desideri-box bears in full the shipping costs for returning the Products in case of exercise of the right of cancellation.
9. Warranty and Lack of Conformity
In case of lack of conformity of the Products sold by Desideri-box the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website (email or phone call).
The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer looses these rights if he/she does not report the lack of conformity to Desideri-box within 15 months from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within 6 hours from receipt.
10. Errors and limits of liability
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Desideri-box may not be held responsible, without prejudice to cases of willful misconduct or gross negligence.
Desideri-box reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of willful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfillment of an order.
Desideri-box promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of willful misconduct or gross negligence, in the event of purchase made by minors of 16 years.
Any complaint shall be forwarded to Desideri-box using the appropriate contact form accessible on the Website in the “Help” section, or by calling +39 0585042396. Service is available Mon-Fri 9.00 a.m.-7.00 p.m. CET, except holidays.
Desideri-box is committed to reply to all requests received within a maximum of 7 working days.
12. Applicable law and jurisdiction
The sale agreement between the Customer and Desideri-box is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, the following Clauses of the Terms and conditions: 6 (liability for delivery delays), 10 (right to withdraw from contract).