(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
The present general conditions of sale concern the regulation of the purchase of products and services, carried out at a distance and made available, via the internet, from the site www.scialari.com (hereinafter, the "Site") in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions.
The seller of the products and owner of the Site is: Marricrio Soc. Coop with registered office in Via Giacomo Puccini 30 · 95131 Catania (Ct).
The consumer who accesses the site to make purchases is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email for each order to allow it to be reproduced and stored.
In the event that the person who makes purchases on the Site requires the issuance of an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the discipline of withdrawal will not be applied pursuant to art. 7 and 8 of these General Conditions nor, more generally, the previsions that pursuant to the same Consumer Code apply only to "consumers".
The contracts concluded with Marricrio Soc. Coop through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and the price of the various products on sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Shopping Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, will have to enter the shipping and billing information, 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 to have read all the indications provided during the purchase procedure and to fully accept these transcribed General Conditions and payment terms.
The contract entered into between Marricrio Soc. Coop and the Customer shall be deemed concluded with the acceptance of the order by Marricrio Soc. Coop. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General 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 errors in the order he will have 12 hours from the receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible through the "Assistance" tab. After this deadline the order will be processed for shipment and no changes will be accepted, without prejudice to the rights of the Customer referred to in article 7 below.
3. Product Information
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Website.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Payment and invoicing methods
4.1 Payment methods
The Customer can pay the price of the products and the relative delivery costs by Credit Card, PayPal, Bank Transfer, Prepaid Cards, Masterpass.
The circuits on which it is possible to buy on the Site are:
To ensure maximum safety, the customer makes the payment transaction on the
bank's secure server.
The site does not memorize the number of the customer's credit card, but thanks to the protection system of the reference credit institution, from the second expense, the customer who wishes - by selecting the appropriate option - can proceed with the purchase without re-entering the personal data. The credit institution uses the SSL protocol to encrypt the data transmitted between its server and the client's browser.
The customer will be redirected to the PayPal site where he can make the payment with his account or with a card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
The customer must make the transfer within 3 days from the order date for orders relating to products; payment by bank transfer is not foreseen for orders containing events and / or courses. If the payment does not occur within 3 days the order will be cancelled and the goods made available for other customers. The customer who has not made the transfer could be contacted by the Customers Service in order to clarify if the cause of non-accreditation is due to the will of the customer not to confirm the purchase or to other causes.
Bank Transfer Data:
Once the order is confirmed, the Customer will be redirected to the Masterpass site where he can make the payment using his access credentials and the cards associated with his profile, according to the methods accepted by Masterpass and in compliance with the relative conditions.
4.2 Order billing
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the invoice data including the tax code and / or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of the invoicing data and is expressly informed that, in case of non-request of the invoice during the order, it will not be possible to request it later.
5. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the "Shipping Information" field.
All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. Marricrio Soc. Coop is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 7 (seven) working days starting from the day following the day in which Marricrio Soc. Coop confirmed the order to Customer via special order confirmation email.
Delivery services active in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A warning will be left after each step. On the second failed delivery attempt, the Courier will contact the recipient by telephone at the indicated telephone number to arrange delivery. If it is not traceable or absent, the goods will return to the warehouse.
Delivery services active abroad:
Shipments abroad may take place with different couriers depending on the destination country in order to ensure the customer the best available rate.
6. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided in the following point IV. To exercise this right, the Customer must send a communication to Marricrio Soc. Coop within 14 days from the date of receipt of the Products using the form that can be downloaded here or, if they intend to exercise the withdrawal before receiving the Products, the notice of withdrawal can be sent at anytime before they have been received.
This communication must be sent by registered letter with return receipt addressed to:
Marricrio Soc. Coop. Via Giacomo Puccini 30 · 95131 Catania (Ct)
Scialari will, once the communication is received, open a practice for the management of the return and communicate to the Customer the instructions on how to return the Products, which will happen through a courier indicated by Marricrio Soc. Coop itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal Marricrio Soc. Coop will reimburse the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to the right of Marricrio Soc. Coop to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing 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 return free of charge 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 Introduction (customer not a consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order for sealed products that do not lend themselves to being returned for hygienic reasons or connected to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk to deteriorate or expire rapidly" include all the Food Products as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to Marricrio Soc. Coop and put back on the market without danger to the health of consumers.