General conditions of Sale
(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 of Sale
These General Conditions of Sale (hereinafter, "General Conditions") have as their object the regulation of the remote sale of the products and services made available, via the internet, on the site www.autenticomilano.it (hereinafter, the "Site") and the related payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The seller of the products and owner of the Site is: Only4U Srl with registered office in Via Giuseppe Torricella 9/11, 29016 Cortemaggiore (PC), CF / PI n. IT 01712550332 (hereinafter "Only4U"), SDI CODE: SUBM70N
The person who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions - which constitute a binding agreement - made available to him on the Site and which will be which can be consulted at any time by the Customer also through the link contained in the confirmation email of each order to allow them to be reproduced and stored.
If the Customer purchases courses or events organized in the various points of sale belonging to Only4U on the Site, in addition to these General Conditions, and possibly in derogation from them, the Course Regulations will apply, which constitutes a binding agreement, which the Customer undertakes to read and respect, available here.
In the event that the person making purchases on the Site requests 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 withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
Contracts concluded with Only4U through the Site are governed by these General Conditions in compliance with Italian law.
The characteristics and the price of the various products for 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 send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Cart and, after having read these General Conditions (including the Course Regulations) and the Privacy Policy and confirmed their acceptance, you will have to enter the shipping and billing data, 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 that he has read all the information provided during the purchase procedure and that he fully accepts these General and payment conditions transcribed, as well as the Privacy Policy.
The contract stipulated between Only4U and the Customer must be considered concluded with the acceptance of the order by Only4U. This acceptance will be communicated to the Customer through an email confirming the order itself containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics, the price overall - including delivery costs - and the payment method used. The Customer must check the confirmation email and if he identifies errors in the order (billing or shipping address, contact information or similar) he will have a pre-established time limit from the receipt of this email to contact Customer Service directly from the Site using the '' special contact form in the area dedicated to Customer Service. This time limit will be 12 hours for purchases made with Standard Delivery and 2 hours in the case of Scheduled Delivery. In no case will it be possible to accept requests for changes to the contents of the cart. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in the following article 7.
Upon receipt of the order Only4U reserves the right to verify the actual availability of the products ordered; in the event that one or more Products are not available, Only4U will proceed with the replacement of the Product with a similar one. If he prefers it, the Customer can select a different option: the Cart can in fact opt to have the product replaced with a similar one, to remove the missing product from the order or - if this option is available - to be contacted by Only4U for the proposal. of alternatives. It is understood that these options are only available for certain Products.
In case of one or more missing products, Only4U will not charge the relative price. In the event that the payment of the order has been made by bank transfer, the refund will be made in the manner described in point 5.3 of these General Conditions.
In the case of the purchase of variable weight products (meat, fish, fruit and vegetables, bread, dairy products, etc.), the measurements and weight indicated on the Site are indicative, Only4U does its best not to deviate from the required weight, however it could sometimes there are slight variations, both in excess and in defect. For the methods of charging the actual amount of the expense, please refer to point 5.2 of these General Conditions.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site. It is understood that the information of the Products delivered may be different from those reported on the Site for reasons not attributable to Only4U (eg changes made by manufacturer on the Product) therefore it is always necessary to check the label and the information on the delivered Product. Only4U assumes no responsibility for the information reported on the Products by individual suppliers.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in graphics, color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
When entering the order, the customer will be asked for the postcode of the address to which he intends to send the shopping and the system will check in real time whether the Scheduled Delivery or Standard Delivery service is available for this destination. If the area is not covered by the Scheduled Delivery service, the order can be completed through Standard Delivery. Only4U delivers the shopping only in the methods and areas specified on the Site on the basis of the post code entered, therefore it does not assume any responsibility and does not guarantee delivery for any incorrect addresses not covered by the specific service.
4.1. Scheduled Delivery in Italy:
Scheduled Delivery is currently available in Rome, Milan, Turin and surroundings and has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and including VAT) at the checkout before confirming the order. If the customer wishes to restrict the time interval for delivery, he can request it before confirming the order by selecting a time and day of delivery other than the predefined ones. This reduction of the time slot requires an additional contribution from the customer. This surcharge is automatically calculated at the checkout by Only4U, in collaboration with its shipping partner, based on various variables such as the destination of the order, the day and time chosen for delivery, the availability of couriers, etc. In any case, the total delivery cost will be automatically displayed at the checkout based on the day and delivery range chosen by the customer, and in any case before the order is confirmed by the customer.
4.2. Standard Delivery in Italy:
For all other destinations in Italy not covered by the Scheduled Delivery service, the shipment is managed with Standard Delivery methods. Delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before confirming the order.
4.3. Standard Delivery Abroad:
For shipments abroad, only the Standard Delivery service is always available. Delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before confirming the order.
4.4. Pickup in store
In-store pickup is available for free in the city of Milan only.
4.5. Delivery concessions for people with disabilities from 60% upwards:
In order to facilitate the online shopping service for people with certified disabilities, Only4U reserves free delivery at any time slot and to the residential address only for this type of customer, subject to documentary checks. The customer must contact the Customer Service using the appropriate contact form, and, with the consent to the processing of personal data by Only4U, send this completed and signed Disability Concessions Request Form, a copy of the identity document and a copy of certification issued by the competent ASL (the only suitable document) certifying the percentage of disability without indication of the relative pathology (certificate of disability for business use) of at least 60%.
The verification procedure will be completed within 10 working days and will allow the customer to view the free delivery costs directly on the checkout page of his account.
5. Methods of payment and invoicing
5.1. Payment methods
The Customer can pay the price of the Products and the related delivery costs by credit card.
To ensure maximum security of transactions, Only4U does not store the Customer's payment data. From the second expense, the registered Customer who wishes - by selecting the appropriate option - can proceed with the purchase without re-entering his data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.
· Credit card
The circuits on which it is possible to buy on the Site are:
Visa / Visa Electron
MasterCard
American Express
The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser. These data are in no case recorded by the Only4U site.
5.2. Payment authorization and capture
5.2.1 Authorization and capture of payment for the sale of virtual products
For the sale of virtual products that do not require shipping (courses, events, dinners) the amount spent by the Customer is acquired immediately upon confirmation of the order.
5.2.2 Authorization and capture of payment for the sale of physical products
For the sale of physical products - in the case of payment by credit card - upon confirmation of the order by the Customer, only a pre-authorization of the amount will be made on the chosen payment method. The actual payment will take place only at the closing of the order and the final amount will include the cost of only the products actually shipped, net of any price changes due to replacements or missing products, plus shipping costs and any additional services requested by the Customer.
5.2.3 Authorization and capture of payment for the sale of physical products of variable weight
In the presence of orders that contain products of variable weight (meat, fish, fruit and vegetables, bread, dairy products, etc.) - in the case of payment by credit card - at the time of the order, authorization will be requested for the exact amount of the shopping .
The final amount of the charge will be confirmed only at the end of the shopping, and may undergo slight variations aimed at covering any price differences due to weight differences, replacement with lower priced products or missing products. The maximum variation foreseen is + 10% compared to the total of the trolley. Any pre-authorized and unused amounts will be released to the Client's account in a short time, according to the timing provided for by the selected payment method or by the bank.
To protect the customer, in case of replacement of a product with another of lesser value, the lower cost will be charged. In case of replacement of a product with another of a higher price, only the cost of the product originally chosen by the Customer during the purchase will be charged.
5.3 Refunds
In the event of a refund, this will be done using the same payment method used by the Customer for the order, unless the latter has expressly requested a different method. The refund will be made within 10 working days from the acceptance of the refund by Only4U.
In case of bank transfer or cash on delivery, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank, IBAN). In this case, the refund will be made within 10 working days of receiving all the information necessary for the payment of the sum.
The re-credit to the Customer's account will take place in a short time, according to the timing provided by the payment method selected or by the bank.
5.4 Invoicing of orders
If the Customer so desires, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and / or VAT number, any company name and SDI Recipient Code. In this case, the invoice will be automatically sent to the customer's tax drawer, according to the law. The customer is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery
The Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
Once the Products have been shipped, the Customer will receive a shipping confirmation email in which it will be
6.1 Standard Delivery - Services active in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, or in the case of incorrect address details, the Courier will contact the recipient by telephone at the telephone number indicated in the order, to arrange delivery. If these cannot be traced or are absent, or if it is not possible to proceed with the payment, the goods will return to the warehouse and the Customer will be charged for the delivery costs of the Products. In no case is there any refund of the price charged for Products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as meats, cheeses, bread, fish products, cured meats, fruit and vegetables, gastronomy products, etc. or products custom) nor a refund of the shipping cost.
6.3 Standard Delivery - Services active Abroad:
Shipments abroad can be made with different couriers depending on the country of destination.
Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Principality of Monaco, United Kingdom, Republic Czech, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands and Ceuta and Melilla), Sweden, United States, Hungary.
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 for in point IV below. To exercise this right, the Customer must send Only4U a communication within 14 days from the date of receipt of the Products using the form that can be downloaded here or, if he intends to exercise the withdrawal before having received the Products, the withdrawal notice may be sent in any moment before their receipt.
This communication must be sent by registered letter with return receipt and / or email, addressed to:
approx
Only4U Srl.
Via Giuseppe Torricella 9/11
29016 Cortemaggiore (TO)
E-mail: info@autentico-store.it
Once the communication has been received, Only4U Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Only4U itself.
The right of withdrawal is governed by the following conditions:
I. The law 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, Only4U will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Only4U's right. to suspend the payment of the reimbursement until the actual receipt of the goods. The reimbursement will take place in the manner described in point 5.3 of these General Conditions.
III. Also in order to guarantee the free return 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 who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- order of products made to measure or clearly personalized;
- order of Products that risk deteriorating or expiring rapidly;
- order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which 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 these include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to Only4U and put back on the market without endangering the health of consumers (such as for example books, gadgets, tools for kitchen, etc.).
In cases of exclusion of the right of withdrawal, Only4U will return the Products purchased and returned by the Customer to the Customer, charging the return costs to the same, or dispose of them where necessary.
8. Free Return in case of exercising the right of withdrawal
As a most favorable condition for the Customer - in case of exercising the right of withdrawal - Only4U fully bears the shipping costs for returning the Products.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Only4U to agree on the return of the Products to the courier.
9. Cancellation, postponement or modification of the delivery address of the order
The Customer may cancel, postpone or request a change of the shipping address of the order within a limited period of time from the conclusion of the order. After this deadline, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact Customer Service directly from the Site using the appropriate contact form accessible in the area dedicated to Customer Service.
Only4U reserves the right to cancel the order in case of unforeseeable difficult situations, informing the Customer by email, or, by agreement with the same, change the day and / or time of delivery.
10. Warranty and lack of conformity
In the event of lack of conformity of Products sold by Only4U, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the "Customer Assistance" link in the footer. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.
In case of broken wine or wine that tastes like a cork, the Customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to the Customer Service. Only4U will intervene as soon as possible by arranging a free collection in order to carry out an in-depth verification and propose the most suitable solution.
The Customer loses these rights if he does not report the lack of conformity to Only4U within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter, in which case the defect must be reported within this shortened term.
The legal guarantee covers all Products that present a lack of conformity existing at the time of delivery and that occurs within 24 months from the date of purchase (the purchase receipt serves as proof).
11. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Only4U can therefore not be held responsible, except in the case of willful misconduct or gross negligence.
Eataly reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions. and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.
Only4U promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the case of a purchase made by minors under 18. By purchasing any alcoholic product you declare to be of age as per art. 7 of Legislative Decree 158/2012. Only4U assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared that they are of a different age.
12. Complaints
Any complaint must be forwarded to Only4U using the appropriate contact form accessible directly on the Site via the "Customer Assistance" link in the footer, or by calling 02 94762805 (from abroad +39 02 94762805), active from Monday to Friday, from 9.00 to 17.00, excluding holidays, or by registered letter with return receipt and / or email to the following address:
approx
Only4U Srl
Via Giuseppe Torricella, 9/11
Cortemaggiore 29016 (PC)
E-mail: info@autentico-store.it
Only4U will process the Customer's personal data in full compliance with the applicable legislation on the subject and in compliance with its own privacy policy [link] which the Customer declares to have read and accepted in full.
14. Online resolution of consumer disputes (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint via the ODR platform of the European Union which can be reached here. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
15. Applicable law and competent court
The sales contract between the customer and Only4U is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other competent court excluded.
***
Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delivery delays), 10 (right to correct errors - disclaimers).