General terms and conditions
1. Sales to Customers
The offer and sale of products through the website www.seventy.it and the corresponding online sale activity (electronic commerce) shall be exclusively reserved to end customers in their capacity of “consumers”, pursuant to the applicable legislation, who are at least 18 years of age, are, in any case, entitled to validly execute an agreement, and who own an active e-mail address (the “Customer”).
Pursuant to Legislative Decree No. 206/2005, a “consumer or user” shall mean a natural person acting for purposes that do not concern his or her own entrepreneurial, business, craft or professional activity.
In any case, orders shall be processed subject to the availability of the products ordered. CDM reserves the right not to fulfil any order that fails to comply with these General conditions, also in connection with the above, or any order however in breach of CDM’s business policy. In that case, CDM shall inform the Customer that the order may not be processed via e-mail sent to the address provided by the Customer him or herself in the order form.
2. Applicable legislation
These General conditions and the agreements executed by the Customer with CDM to purchase the products through the website www.seventy.it shall be governed by the Italian law, and namely by Legislative Decree No. 206/2005 (the “Consumer’s Code”) and Legislative Decree No. 70/2003 (Implementing Directive 2000/31/EC).
CDM reserves the right to amend its General conditions at any time. The General conditions as published on the website www.seventy.it on each occasion when the Customer sends an order form to purchase the products, based on the purchase procedure provided for in the website itself, shall apply. The General conditions shall become effective as of the date on which they are published on the above-mentioned website.
3. Purchase of products
The Customer undertakes to read these General conditions and the Privacy information carefully and thoroughly, before placing the purchase order with the seller and performing the payment in the modes specified below. Furthermore, the Customer undertakes to follow the instructions contained in the website as to the procedure to purchase the products.
It remains understood that sending the purchase order through the website shall result in and imply the Customer’s acceptance of these General conditions and of their binding effectiveness.
To purchase the products offered on the website www.seventy.it, the Customer shall complete the order form in the electronic format and send it to CDM, and then perform the payment for the products purchased in accordance with the instructions provided on the website.
Should the Customer need to correct any data submission mistake, he or she shall follow the corresponding amending procedure as stated on the website, by following the related instructions before placing his or her purchase order.
The Customer may purchase the products that are visible online at www.seventy.it, which are described on the website, under the conditions stated therein. For each product, the corresponding purchase price is stated. The order form also specifies the shipping fees. Marketed products are new and subject to legal warranties.
The pictures and colours of the products displayed could differ from the actual ones. This could also be caused by the browser or devices employed by the user (e.g. monitor).
The order form and the corresponding instructions to purchase and pay the products are in Italian and English. In the same way, Italian and English are the languages available to the Customer to complete his or her online purchases through the website.
The order form sent by the Customer shall be kept in the seller’s database for the time required to process the order, and however for the time provided for by the law.
4.- Execution of purchase agreement
To complete the purchase order of products on the website, the whole purchase and payment procedure must be duly and correctly fulfilled as stated on the website www.seventy.it, and the website should not display any error messages. By placing the purchase order, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to fully accept these General conditions. All the orders are subject to approval by Cà da Mosto S.p.A., as well as to the actual availability of the products ordered. Cà da Mosto S.p.A. shall still be entitled not to accept and/or process the orders, pursuant to art. 1 above.
Cà da Mosto S.p.A. shall confirm that the order was duly received by sending an e-mail message to the address specified by the Customer upon ordering. The Notification of order receipt includes the ID number, date and time when the order was placed, the products purchased, their price, shipping and delivery costs, the information provided by the Customer for invoicing and delivery, the payment modes selected by the Customer and any other information pursuant to the law.
The Customer shall be held liable of providing true, correct and complete data to CDM.
Should the order not be accepted, the Customer shall be promptly informed thereof, always with a notification sent to the e-mail address provided by the Customer him or herself upon purchase. If the seller (CDM) does not accept the order, and therefore the latter is not processed, the corresponding effects shall cease. In that case, the Customer shall only be entitled to the refund of any amount already paid to the seller, for the purchase of products included in the order not accepted.
As already said, purchase orders are also subject to availability of the products ordered from the seller (CDM). Should the products ordered be unavailable, the seller shall notify to the Customer that it is unable to process the order received due to unavailability of the product ordered, in the same modes as provided above if the order is not accepted. In the aforesaid event, when the order is not processed, the seller shall only refund any amount already paid by the Customer to the seller itself for the purchase of products as per the unprocessed order. The Customer shall not file any further claim in addition to the refund of the amounts already paid (if any) to purchase the product.
5.- Prices – Payments
The prices for the products stated on the website and all payments due by the Customer to purchase the products through the website are stated in Euros.
The order form includes the payment methods available.
The Customer undertakes to comply with the payment instructions and methods stated on the website.
In the event of payment by credit card, only the following cards are accepted: Visa, Mastercard, PayPal Card, Discover, PostePay, American Express and Carta Aura.
The products purchased shall be delivered by express courier to the address provided by the Customer in the order, in Italy or abroad. Shipping costs shall be stated on the website.
As a rule, the express courier selected gives the Customer the opportunity to avail him or herself of an urgent delivery service, at his or her discretion, for which the payment of an extra charge is usually required.
For further information on the service, please visit the website of the carrier selected by CDM (which is stated on the website during the purchase procedure).
The seller shall notify the shipping code supplied by the courier to the Customer’s e-mail address as provided in the purchase order.
CDM shall perform its service by delivering the goods ordered to the courier selected by CDM itself, for them to be shipped to the Customer. The goods shall be shipped at the Customer’s risk.
7.- Right to withdraw
The Customer is entitled to withdraw, without penalty and without providing any explanation, within 10 (ten) days after the day in which the products purchased on the website www.seventy.it are received.
In the event of multiple goods ordered by the consumer in a single order and delivered separately, the above said term for withdrawal shall start as of the day in which the last goods are received by the Customer.
For the purposes of withdrawal, before the expiration of the term of fourteen days to exercise the withdrawal itself, the Customer must send a notice of withdrawal to Cà da Mosto S.p.A. For this purpose, the Customer may: a) use the Standard withdrawal form as in Annex I, part B of Legislative Decree No. 206/2005 (Consumer’s Code), as also referred to in article 49, paragraph 1, letter h) of the Consumer’s Code itself, to be forwarded through the website www.seventy.it, or, b) by filing any other explicit statement containing his or her intention to withdraw.
If the notice of withdrawal is sent through CDM’s website, using the Standard withdrawal form as in Annex I, part B of the Consumer’s Code or any other explicit statement of withdrawal, the Customer shall receive confirmation of receipt of the request to withdraw, on a durable support, via e-mail sent to the Customer’s address provided by the latter upon ordering.
Pursuant to article 54, paragraph 4 of the Consumer’s Code, the burden of proof as to the correctness and promptness of exercising the right to withdraw stays with the Customer.
The withdrawal shall be deemed as promptly exercised if the notice of withdrawal is sent by the Customer to CDM before the aforesaid period to exercise the withdrawal has expired.
In any case, the Customer shall comply with the instructions provided on the website, as to the modes to withdraw and return the products.
In the event of withdrawal, only the costs associated with the return of the products to CDM shall be charged to the Customer.
In case of withdrawal, the Customer must return the products purchased to Cà da Mosto S.p.A. without delay, and in any case within 10 (ten) days after the date on which the Customer has notified to CDM his or her intention to withdraw. The term shall be complied with if the Customer ships the products purchased back to CDM before the expiration of the term stated above for returns. Without prejudice to the above, the decision to withdraw does not entail any liability for the Customer.
In the event of exercise of withdrawal, the Customer shall be entitled to be refunded by CDM for all payments performed by the same Customer to CDM (and already collected by CDM), in connection with the products purchased to which the refund refers, also including any related shipment costs as paid upon purchase, within 10 (ten) days after the receipt of the notice of withdrawal sent by the Customer. In this case, the refund shall be performed with the same payment method used by the Customer to pay the amounts to be refunded.
For the Customer to lawfully exercise the right to withdraw, the following conditions must be respected: a) the products to be returned have not been used, washed, worn; b) in any case, the products have not been damaged; c) the identification tag is still attached to the products; d) the product must be returned in its original packaging.
The Customer shall be held liable for any loss in the value of the goods, resulting from handling the goods in a different way than the one required to establish their nature, features and functioning.
All the products purchased on the Website are covered by the legal warranty for nonconformities, pursuant to articles 28 ff. of the Consumer’s Code. However, in order to enforce the aforesaid legal warranty, the Customer must retain and show the corresponding invoice or sale document.
The legal warranty in favour of the Customer shall cover any existing nonconformities upon delivery of the goods, to be notified to CDM within 2 months after the date on which the Customer has discovered the defect, under penalty of forfeiture.
Pursuant to art. 133 of the Consumer’s Code, the seller’s liability only covers nonconformities emerging within 2 years after the delivery of the product.
The Customer shall report the nonconformity to the seller, in the terms stated above, via registered letter with return receipt addressed to Cà da Mosto S.p.A., Via Venezia 146, Scorzè (Venice) Italy.
Pursuant to art. 130 of the Consumer’s Code, in the event of nonconformities, the consumer shall be entitled to restoration of the goods’ conformity free of charge, by means of repair or replacement, or to a suitable price discount, or to termination of the agreement. At his or her discretion, the consumer may ask for a suitable price discount or the termination of the agreement if one of the following situations applies: a) repair and replacement are impossible or excessively expensive; b) the seller did not fix or replace the goods within the suitable term provided in paragraph 5; c) the replacement or repair previously carried out resulted in serious inconvenience for the consumer.
In order to calculate the amount of the price discount or the amount to be refunded, the usage of the goods shall be taken into account.
All the above without prejudice to what is provided for in articles 128 ff. of the Consumer’s Code.
Personal data processing shall be performed in accordance with the provisions of Legislative Decree No. 196 of 30th June 2003 and following amendments.
As regards civil disputes concerning relations with consumers, the Court of the place of residence or domicile of the consumer shall have binding jurisdiction, provided it is in the territory of the state.
11. Force majeure
The performance of the service may be interrupted due to accidental circumstances or force majeure suitable to prevent or delay its performance. By means of an example, the following shall be considered as such, including but not limited to wars, insurrections, uproars, natural disasters, strikes (including within the company), impossible (or difficult) procurement, electric power interruptions or interruptions of other energies used for production activities, traffic halt, embargoes, orders of authorities. If a situation occurs representing an accidental circumstance or force majeure, CDM shall inform the Customer within 7 (seven) days from the moment it was informed thereof, via e-mail sent to the address provided by the Customer upon ordering. Should the interruption due to a cause of force majeure or accidental circumstance continue for over 30 (thirty) days, either party may terminate the agreement, without consequences, by sending a written notice to the other party (also via e-mail), without prejudice to the refund of amounts paid by the Customer to CDM, if any, in connection with the products affected by the interruption.
12.- Applicable law
These General conditions and the agreements entered into by the Customers with CDM for the purchase of products through the website www.seventy.it shall be fully governed by the Italian law as the only applicable law.