GENERAL CONDITION OF PURCHASE
According to Capo 1, title 3 of d.lgs. 206/2005 with subsequent modifications and integrations.
1. INTRODUCTION AND EFFECTIVENESS OF GENERAL CONDITIONS.
These general conditions of purchase ( or “ general conditions” ) are based on discipline about the purchase of products also realized online and about services and returns; all available on the website www.pomosi.com ( “site” ) respecting the italian regulation – d.lgs. 206/2005 with subsequent modifications and integrations ( “consumer code” ).
Vendor and holder of the Site is: Cooperativa Aurora, legal site C.da Scivolaneve sn, 96018 Pachino (SR) C.F/ P.I. e 001835550896, web mail : firstname.lastname@example.org ( subsequently “PomoSì” ).
The consumer who access the site to buy online ( subsequently “client”) has to read these general conditions befor order. General conditions are available on website and the client can consult them in every moment by the link in the confirmation email.
if the subject requires the invoice of if he is not a “consumer or user of the site” – art. 3, comma 1, lett.a- Consumer Code, the discipline of withdrawal is not valid. (art. 7-8 of General Conditions).
Contracts concluded with PomoSì on the website are governed by these general conditions respecting italian legislation. The language to conclude the contract is italian.
2. CHOOSE AND ORDER PRODUCTS
Features and prices of products on the website (subsequently “product” or “products”) are listed on the page about each product.
Sending the order is a contract and the client declares to have read all informations of buying procedure and accepts these general conditions.
The contract between the customer and PomoSì is concluded when website accepts the order. This acceptation is communicated to the client by a confirmation e-mail containing the order, these general conditions, the order number, sending data or billing, the list of products with their features and the final price, shipping fees included. Customer must control the confirmation e-mail and hast 12 hours to contact customer care about any errors. Customer can use the special form “Contacts”.
After 12 hours the order can not be changed, art. 7. About each order, PomoSì will check the availability of products. If one or more products are not available, customer care will send an e-mail communication. So, the client has 12 hours to confirm, change or cancel the order. In case of no response, the order is confirmed and available products will be shipped. The amount relating to the missing products will be deducted.
3. INFORMATIONS ABOUT PRODUCTS
Features and informations about products are available on the website with Products codes.
Visual representation of products on website (where available) coincides with the photographic image of descriptive card. Image of products has illustrative purposes in fact it may differ about color or dimension. However, in case of difference between the images and the descriptive card, always consider the description of product.
4. PRICES, SHIPPING AND ORDERS
Prices include all taxes fees and they are expressed in Euros. Minimum order quantity is € 26,90 for Italy and € 65,00 for all other countries.
Shopping and shipping in Italy:
Is possible to buy in Italy exclusively through italian version of our website to the link “http://www.pomosi.com”. shipping fees are calculated automatically by the system respecting the following price table:
From 0 to 4 Kg —> € 7,50
From 4 to 10 Kg —> € 11,40
From 10 to 30 Kg —> € 14,90
Over 30 Kg —> € 25,00
Shopping and shipping abroad:
Is possible to buy out of Italy exclusively from the english version of our website, link “http://www.pomosi.com/en”. ”. shipping fees are calculated automatically by the system respecting the following price table:
EUROPEAN AREA (all UE countries, a part from Italy)
From 0 to 4 Kg —> € 25,00
From 4 to 10 Kg —> € 35,00
From 10 to 30 Kg —> € 50,00
Over 30 Kg —> € 70,00
EXTRA- EUROPEAN AREA (All countries where shopping is available, except EU)
From 0 to 4 Kg —> € 35,00
From 4 to 10 Kg —> € 50,00
From 10 to 30 Kg —> € 70,00
Over 30 Kg —> € 100,00
5. MODE OF PAYMENT AND BILLING
5.1 mode of payment
customers can use for payment of products and shipping fees : credit card, PayPal and bank transfer.
After the confirmation of order, customer will be directing to the site PayPal to realize the payment through his bank account or using a credit card according to PayPal modalities and conditions.
Customer has to realize the transfer within 3 days from order date. Otherwise the order will be deleted. Customer care can contact the client about the nonpayment.
For bank transfer: c/c: Società Cooperativa Aurora O.P.
Bank: INTESA SAN PAOLO – PACHINO (SR)
Cause: client has to indicate date and number of order, available on confirmation e-mail (es. “Ordine 01/01/16 n. 1534”).
Professionals can request an invoice selecting the apposite pigeonhole (order note) during order procedure. It’s necessary to insert billing data with tax code/ VAT number.in this case the invoice will be send to the register e-mail address. Professionals are responsible about billing data. Invoice can be required exclusively during the order, not subsequentely.
6. Transfer and delivery
Products will be delivered to the address entered by the customer into the provided space “shipping data”. Delivery is made by express courier ( “courier”) from Monday to Friday, excluding holidays. PomoSì is not responsible for unexpected delays. After shipping, customer will receive a confirmation e-mail including the link to trace the shipment.
Products delivery regularly happens in seven days from the confirmation of the order.
Delivery services in Italy: BRT, TNT, SDA, SOGETRAS
Service contemplate two delivery attempts. After each attempt, a notification will be left. After the second attempt, courier will contact the recipient by phone and agree upon the delivery. Otherwise, the good will be deposited in stock.
Abroad delivery service: express courier
Abroad delivery can be effectuated by different companies to guarantee the best tariff.
Countries: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Principality of Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary, Russia, United States of America, Japan, China, north Korea, South Korea, Brazil, Argentine, Canada, Chile, Peru, Mexico, Arabian Emirates, Saudi Arabia, Australia, New Zealand.
7. Right of withdrawal
Customer has right of withdrawal for any reason without explications or penalties. Customer has to send communication to the website within fourteen days from the delivery date. Customer also has right of withdrawal before the delivery of products. In this case he has to send communication explaining his reasons.
The communication will be send as record delivery letter to:
c.a. Return and Refund
PomoSì – Cooperativa Aurora
C.da Scivolaneve sn
96018 Pachino (SR)
Customer care PomoSì will provide to manage the practice and return of products by the courier.
Right of withdrawal is regulated by following conditions:
I. The right is applied on the entire product, not on individual parts.
II. PomoSì will reimburse the full amount, shipping fees included, within fourteen days from the date of the communication about withdrawal. For refund is uses the same mode of payment choose by the customer. In case of bank transfer or countersign, the client has to communicate his bank account details (accountholder, name and bank address and IBAN).
III. Products must be returned into the same box of delivery to guarantee free return (art.8).
IV. According to art.59 d.lgs 21/2014, right of withdrawal is not valid for the following cases:
– custom products;
– products with short- dated;
– products opened after delivery or sealed products about hygienic reasons.
About short- dated products, customer agree to all food products (wines, alchool and beverages) and cosmetics because features of all these products are subject to modifications. So, the right of withdrawal can be applied to all products can be sold without any danger on consumer health ( ex. Books, gadgets, utensils for cooking and so on).
8. Free return
PomoSì takes charge of shipping costs for return of products according to right of withdrawal.
To enjoy this advantage, customer must follow the procedure on the art. 7 and wait to be contacted by PomoSì to agree upon the delivery of products to the courier.
9. Warranty and conformity defections
In case of conformity defections, clienti will contact PomoSì customer care by using the special contact form on the website “Contacts”.
Selling follows consumers code warranties art 129, 130 and 132. Customer may exercise the right of recovery of product conformity without any cost, repairing or replacing products or reducing prices. This right is valid about two months and customer has to communicate to PomoSì any defects. If the product is short- dated, the communication must happen within that period.
10. Errors and limitations of responsibility
Informations about product are always updated. However it is possible to find any errors but PomoSì is not reponsible about that.
PomoSì can correct errors, inaccuracies or omissions. The website can also change or update informations in every moment considering Customer rights on General Conditions and Consumer Code.
Excluding gross negligence, client has not right of compensation about damages to person or property caused by the rejection of an order.
PomoSì promotes the responsible use of alcohol and is not responsible about purchase made by under- 16s.
Each complaint will be communicate to PomoSì by using the special contact form on website, “Contacts” or by calling the number 0931 594389 (abroad +39 0931 594389), from Monday to Friday, ) 9.00 a.m- 5 p.m or by registered mail:
c.a. Reclami (Complaints)
PomoSì – Cooperativa Aurora
C.da Scivolaneve sn
96018 Pachino (SR)
12. Statute and forum
Contract between the client and PomoSì follows Italian regulation. About any dispute, if the client is a consumer under the Consumer Code is qualified the forum of his residence or domicile. In all other cases, is qualified the forum of Catania.
According to the article 1341 c.c., the client declares to have read and accepted the following articles of General Conditions: 6 (responsibility about delays in delivery), 10 ( corrections of errors- disclaimers).