1 – General terms and conditions
These general terms and conditions of sale apply to the sale of products and services through the website www.valbrembanashop.com under the law known as “Consumer Code”.
The seller of the products and the owner of the website is azienda agricola Settimocielo, via Bretto, 18, 24010 Camerata Cornello (Bergamo) – Italy. The customer who uses this Website to purchase products or services 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.
2 – Choosing and ordering the Products
The features and the price of the products sold on the Website are shown on the page of 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 Valbrembanashop and the Customer shall be considered as concluded once the order has been accepted by valbrembanashop. This acceptance is communicated to the Customer via an order confirmation email containing the order number, the shipping and billing data, the list of ordered Products and 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 shop owner, directly from the Website, using the contact form accessible in the section “Contacts”. 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.
Once the order has been received, Valbrembanashop 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 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 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 color 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.
Different shipping fees are applied considering the shipping Country and address and the shipment weight. The total shipping fees are always shown before the checkout.
5 – Payment and billing
Customer may pay Products and delivery costs by all major Credit Cards through PayPal ans Stripe payment gateway. 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.
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
6 – Transport and delivery
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure. All purchases shall be delivered by express courier from Monday to Wednesday, except public holidays and national holidays. Valbrembanashop 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 valbrembanashop confirmed the order to the Customer through a specific order confirmation email.
Shipments abroad may take place with different express couriers depending on the destination Country in order to guarantee Customers the best available rate.
Countries where service is available: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain (except Canary Islands and Ceuta and Melilla), Sweden, 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 valbrembanashop within 14 days from the date of receipt of the Products by using the contact form on the website.Upon receipt of the notice Valbrembanashop Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Valbrembanashop itself.
The right of cancellation is subject to the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of cancellation, Valbrembanashop shall refund the Customer the full amount of the returned Products, excluding the shipping expenses, within 30 days from the date in which the notice of cancellation was received. The reimbursement shall be carried out using the same payment method used by the Customer.
III.In order to guarantee the correct 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 Valbrembanashop and remarketed without danger to the health of the consumers.
8 – Free returns in case of exercise of the right of withdrawal
As a most favorable condition for the Customer, Valbrembanashop bears in full the shipping costs for returning the Products in case of exercise of the right of cancellation.
In order to benefit from this free shipping, the Customer who wishes to exercise the right of cancellation shall follow the procedure referred to in the previous article 7 and wait to be contacted by Valbrembanashop to arrange re-delivery of the Products to the courier.
9 – Warranty and Lack of Conformity
In case of lack of conformity of the Products sold by Valbrembanashop, the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Contacts” section.
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 Valbrembanashop within 30 days 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 that reduced time.
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 Valbrembanashop may not be held responsible, without prejudice to cases of willful misconduct or gross negligence.
Valbrembanashop 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 tortuous liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfillment of an order.
11 – Complaints
Any complaint shall be forwarded to Valbrembanashop using the appropriate contact form accessible on the Website in the “Contact” section. Valbrembanashop is committed to reply to all requests received within a maximum of 3 working days.
12 – Online dispute resolution for consumers (ODR)
If you are a European consumer, you have to be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. Here the link to access the platform: http://ec.europa.eu/consumers/odr
13 – Applicable law and jurisdiction
The sale agreement between the Customer and Valbrembanashop is intended 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 Bergamo shall have exclusive jurisdiction.