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.soleitalia.net: en (hereinafter, the Website) under the law known as Consumer Code”).
The seller of the products and the owner of the Website is: Sole Italia Società Agricola S.r.l., with registered office in Nociglia (LE), Italy (hereinafter," Soleitalia”).
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 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 Soleitalia through this Website is governed by these General Terms and Conditions in accordance with the Italian law.
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 Soleitalia and the Customer shall be considered as concluded once the order has been accepted by Soleitalia. 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 6 below.
Once the order has been received, Soleitalia shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the Customer Service of Soleitalia 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
The minimum order for purchasing on this Website is equal to 19,99 euro. Product prices are inclusive of all taxes and fees. All prices are in euro.
5. 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 Information”.
All purchases shall be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays. Soleitalia 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 Soleitalia confirmed the order to the Customer through a specific order confirmation email. The above mentioned period of 7 working days applies for deliveries in the UK and abroad in the following Countries, with the only exception of Norway, Iceland, Switzerland and Liechtenstein, for which the term of 7 days may be increased according to the different local customs clearance times.
Active delivery services in the U.E.:
Primiceri, Bartolini, SDA and Mail Boxes Etc.
The service provides 2 delivery attempts at the address indicated at the time of the order. After the second unsuccessful delivery attempt, the parcel shall remain in stock free of charge for 3 working days with the Courier. During these 3 days the Customer shall be able to contact the Courier directly to arrange delivery or to change his/her address. From the 4th day and for 7 working days (Saturday included), however, the parcel shall be in stock free of charge at the post office of the area. The Customer shall receive written information relevant to which post office he/she shall go to collect the parcel, by paper notice left in the PO box and via email.
Active delivery services Abroad:
Primiceri, Express Courier.
Shipments abroad may take place with different couriers depending on the destination Country in order to guarantee Customers the best available rate.
6. Right of cancellation
Sales of products via the Internet are governed by Legislative Decree. N. 206/2005 (Consumer Code) and subsequent amendments. In particular, the right of withdrawal of the consumer is regulated by articles 52/59 of Legislative Decree. N. 21/2014, which replaced the relevant articles contained in the Decree. N. 206/2005 with effect from 13 June 2014.
This legislation provides for the consumer the right to terminate the contract or proposed contract, guaranteeing the right to return the product purchased and the reimbursement of expenses incurred.
The withdrawal right is reserved exclusively to the consumer, where the "consumer" shall mean the person who buys goods for purposes which are outside his trade, business or profession; so it can not be exercised by professionals, where "professional" means either the natural or legal person acting in the course of his business, trade or profession, or an intermediary.
Procedures and time for exercising the right of withdrawal
The consumer may exercise the right to withdraw, without giving any reason, within 14 (fourteen) days of receipt of the goods purchased.
To exercise the right of withdrawal is necessary to Sole Italy, within that 14-day period, the will to terminate the contract as follows:
sending a registered letter with acknowledgment of receipt or a telegram or a fax to the following address / number:
Sole Italian Agricultural Society Ltd.
Z.A. Via Fermi 3
73020 Nociglia (Le)
This request shall also contain the number of DDT or invoice received and the products subject to withdrawal by an error code shown on the invoice, as well as the bank details (IBAN IT 89 E 02008 79891 000103388251) on which you want to receive the transfer of sums to be repaid.
Within 5 (five) working days of receipt of notice of withdrawal, Sun Italy will send the customer, to the email address indicated in the order or in the request for withdrawal, the Return Authorization Number (RMA) that will identify the practice.
Within 14 (fourteen) working days of receiving the Return Authorization Number (NAR), the customer will return to Italy Sun products covered by the withdrawal, by shipment at his own expense to the following address:
Sole Italian Agricultural Society Ltd.
Z.A. Via Fermi 3
73020 Nociglia (Le)
The equipment to be returned should be carefully packed in original packaging and complete with all its parts and everything in origin content, on the packaging indicating the Return Authorization Number (RMA) assigned by Sun Italy. The returned goods must 'be intact. The shipping costs of the goods will be paid by the customer. Upon arrival in our warehouses the goods will be carefully examined for any damages caused by non-original packaging and not fit for transport. Italy Sun reserves the right to refuse the neck in the following cases:
- Pack devoid code NAR (Return Authorization Number)
- Goods delivered at the expense of Sun Italy
The costs of returning the product are charged to the customer.
The right of withdrawal can not be exercised if the product is not intact, that is:
• in the absence of the original;
• in the absence of product components (opening the packages, etc);
• for damage of the product.
How and when should reimburse the customer the cost of the product and shipping costs
Italian sun will refund payments made by the customer (product cost and shipping) within 14 days from the date on which it became aware of the right of withdrawal by the customer. However, in the event that the product has already been delivered to the customer, Sun Italy will reimburse after successful return of the product and verifying the integrity of the same.
For purchases made with one of the following methods of payment:
- Cash on delivery
- Bank transfer
Sole Italy will reimburse by bank transfer.
For purchases made by payment by credit card the refund will be made through a transfer of the transaction directly to the credit card or by bank transfer.
For purchases made through PayPal payment refund you will be performed by crediting the customer's PayPal account.
7. Returns in case of exercise of the right of withdrawal
As a most favourable condition for the Customer, Soleitalia bears in full the shipping costs for returning the Products at the lowest cost 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 6 and wait to be contacted by Soleitalia to arrange re-delivery of the Products to the courier.
8. Warranty and Lack of Conformity
In case of lack of conformity of the Products sold by Soleitalia the Customer shall immediately contact the Customer Service.
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 Soleitalia within two 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 that reduced time.
9. 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 Soleitalia may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Soleitalia 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 wilful 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 fulfilment of an order.
Soleitalia promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of wilful misconduct or gross negligence, in the event of purchase made by minors of 16 years.
Any complaint shall be forwarded to Soleitalia, or by calling free number +39 0836 237201 (Mon-Fri 9.00 a.m.-5.00 p.m. CET, except holidays):
To the kind attention of Soleitalia Società Agricola S.r.l. Complaints Department
Z.A. Via michelangelo 5
73020 Nociglia (LE)
Soleitalia is committed to reply to all requests received within a maximum of 7 working days.
11. Applicable law and jurisdiction
The sale agreement between the Customer and Soleitalia is governed by Italian law, without prejudice for the mandatory provisions of English 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 in the English territory shall have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Lecce, excluding any other competent court.