Terms and Conditions of Sale

Foreword: effectiveness of the sales conditions

The purpose of these sales conditions (hereinafter referred to as "conditions") is to regulate the purchase of products carried out remotely and made available, through the Internet, by the website www.sadler-shop .com (hereinafter, the Site) in compliance with the Italian legislation on distance contracts (Legislative Decree 70/2003). This Site is the property of Libatio Srl, with registered office in Via Borghetto, 3 - 20122 Milan. Libatio Srl has tax code and registration with the Register of Companies 000 P. VAT 0000, and is dedicated to the retail sale of food and non-food products. Libatio Srl observes the regulations on contracts concluded at a distance as per articles 50 and following of Legislative Decree 206/2005 and Legislative Decree 70/2003 and subsequent amendments and additions. The Customer is required, before sending the order, to carefully read the general conditions of contract that have been made available on the Site to allow reproduction and storage. Contracts concluded at a distance with Libatio Srl through the Site are regulated by these general conditions in accordance with Italian law. The language available to conclude the contract is Italian. The seller is: Libatio Srl Registered office: Via Borghetto, 3 20122 MILAN (MI) VAT No.: IT11431330965 REA Number: MI - 2602134

 

Art.1 - Premises

The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE.

 

Art. 2 - Definitions

The expression "online sales contract" refers to the contract of sale relative to the tangible movables of Libatio Srl, stipulated between the latter and the Buyer within the context of a distance sales system using telematic tools, organised by Libatio Srl. The "Buyer" is understood to be the individual or legal entity that makes the purchase, referred to in this contract.

Per “Acquirente” si intende la persona fisica o giuridica che effettua l’acquisto, di cui al presente contratto.

 

Art. 3 - Object of the contract

Libatio Srl sells and the Buyer purchases with a distance sales contract, via the internet, the food products selected and ordered by the Buyer from those included in the electronic catalogue on the site www.sadler-shop.com and currently available.

 

Art. 4 - How the contract is stipulated

The contract between Libatio Srl and the Buyer is concluded exclusively through the Internet by accessing the address www.sadler-shop.com, where, following the procedures indicated, the Buyer will formalise the proposal to purchase the goods referred to in point 1 of the previous article.

The service is active for purchases to be delivered exclusively in Italy.

The contract is concluded, and is binding for both parties, after the correct completion of the request form and the consent to purchase and the subsequent confirmation, by Libatio Srl, of the registration of the purchase order. made by the Buyer through a message summarizing the order, sent to the email address indicated by the Buyer and/or with a web screen.

The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the previous point.

In the event of any unforeseen interruptions in stock due to unforeseeable factors or other causes, Libatio Srl undertakes to promptly notify the Buyer by e-mail of the unavailability of the product and to reimburse or in any case not to charge the Buyer the corresponding price, or to inform the Buyer of the waiting time to obtain the chosen product, asking whether or not he intends to confirm the order.

Libatio Srl reserves the right not to accept incomplete and/or not properly completed purchase orders by notifying the e-mail address provided by the Buyer and/or with a web screen.

 

Art.5 - Obligations of the Buyer

The Buyer undertakes to read and accept these terms and conditions.

Once the online purchase procedure has been completed, the Purchaser undertakes to print and/or keep these general terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.

It is strictly forbidden for the Purchaser to enter false and/or invented data in the registration procedure required to activate the procedure for the execution of this sales contract and the relative further communications. Furthermore, the personal data and e-mail address must correspond exclusively to the Purchaser's own personal data and not those of third parties.

The Purchaser declares that he is of age.

 

Art.6 - Delivery times and methods

Libatio Srl assumes the responsibility to deliver to the Buyer, in the place indicated by him and by courier, the products selected and ordered by him.

Deliveries are made promptly, approximately within 2 working days, from the date of transmission of the purchase order confirmation by Libatio Srl. Deliveries are not made on Saturdays and holidays.

 

Art.7 - Transport damage

If the Buyer finds external damage to the packaging or the mismatch in the number of packages, he must immediately affix a written control reservation on the Courier's proof of delivery or refuse to accept the damaged package by writing the reason on the waybill that the Courier requires the Buyer to sign upon receipt of the delivery. The Buyer who has accepted the package subject to control and has subsequently found damage to the product must report the damage within 8 days of delivery by sending a registered letter with return receipt to Libatio Srl, Via Borghetto, 3 MILAN (MI ). In addition to the reason for the complaint, the Buyer must specify the purchase order number and the fiscal documentation.

In the event that the Buyer discovers damage to the product due to transport not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery, by sending a registered letter with return receipt to Libatio Srl, Via Borghetto, 3 MILAN (MI). In addition to the reason for the complaint, the Buyer must specify the purchase order number and the fiscal documentation.

If the Buyer does not act in the manner and within the terms indicated in points 1 and 2 of this article, he will lose the right to replacement or reimbursement.

Following the claim made by the Buyer, Libatio Srl will replace the damaged product. If, for any reason, Libatio Srl is not able to replace the product, it may proceed to refund the full amount paid or replace it with a product of equal or greater value in agreement with the Buyer.

 

Art. 8 - Reporting defects and legal guarantee

Libatio Srl undertakes to deliver to the buyer goods that conform to the sales contract and is responsible to the buyer for any lack of conformity that exists at the time of delivery of the goods.

The products are covered by the two-year legal warranty for conformity defects pursuant to articles 128, 129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent modifications and integrations.

The warranty is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and supplements.

The purchaser loses the warranty if he does not report the conformity defect to the seller within 2 months from the date on which he discovered the defect.

The legal warranty only covers the replacement of goods that do not conform to the sales contract, since the object of the contract is food products. The guarantee does not apply in the event that the reported defects result from incorrect storage, handling, use or transport of the product by the consumer or in the event of failure to comply with the instructions provided by the food manufacturer on the product label. Similarly, the guarantee does not apply whenever the defect is attributable to the culpable or fraudulent conduct of the consumer or depends on other causes not attributable to the production and transport of the product to the consumer's home.

In the event that the Purchaser discovers a conformity defect, he must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with acknowledgement of receipt to Libatio Srl, Via Borghetto, 3 MILAN (MI). In addition to the reason for the complaint, the Purchaser must specify the purchase order number and the fiscal documentation.

 

 

In the event of a lack of conformity, duly reported within the established terms, the Buyer shall have the right to have the product replaced within a reasonable period of time, unless the remedy itself is objectively impossible or excessively onerous or, secondarily, he shall have the right to a reduction in the price or termination of the contract. A minor conformity defect for which it has not been possible or is excessively onerous to carry out the remedy of repair or replacement does not give the right to terminate the contract.

Libatio Srl reserves the right to verify the existence of the conformity defect.

Libatio Srl reserves the right to inform the buyer if it will collect the defective product from the buyer's home.

The operating times for carrying out activities related to the activation of the warranty are variable and are determined by the type of product and the nature of the defect.

In no case can Libatio Srl be burdened with charges resulting from any delays in the delivery of the replaced product or the return of the price. In any case, except in exceptional cases

exceptional cases, the replacement will be made within 60 days of delivery of the defective product to Libatio Srl. Otherwise, the Buyer may take one of the alternative remedies provided by law (termination of the contract or reduction of the price paid for the eventual use of the product).

 

Art.9 - Right of withdrawal

Pursuant to the law, the Purchaser may exercise the right to withdraw from the contract without specifying the reason and without the payment of penalties within 14 days from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the last item if the information obligations provided for in Article 52 of Legislative Decree 206/2005, as amended.

In the event that the Seller has not fulfilled the information obligations under Art. 52, paragraph 2, letters f) and g) and 53 of Legislative Decree 206/2005, as amended, the term for exercising the right of withdrawal expires 12 months after the end of the initial withdrawal period. The latter term also applies in the event that Libatio Srl provides incomplete or inaccurate information that does not allow the correct exercise of the right of withdrawal.

The right of withdrawal must be exercised by the Buyer by sending a written communication by means of a registered letter with acknowledgement of receipt, or by any other declaration, as long as it is explicit, to be sent to the address Libatio Srl, Via Borghetto, 3 MILAN (MI), or by email to [email protected] If you choose the latter method, a confirmation of receipt of this withdrawal will be sent immediately by email.

The communication must contain the name, address, purchase order number, the wish to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised; the Purchaser must also enclose a copy of an identity document, a copy of the purchase tax documentation, a telephone number at which he or she can be contacted and the bank details of the current account into which he or she will receive a refund of the amount paid.

To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Once the withdrawal communication has been received, Libatio Srl will inform the Buyer of the address to which the products to be returned should be sent and the authorisation to return the products themselves.

The Buyer must send the product carefully packed in its original packaging, complete with everything originally contained, to the address communicated. Shipment by the Buyer must take place by courier or delivery to the Seller or to third parties authorised by the Seller within 14 days of the communication of withdrawal from the contract to Libatio Srl. Upon receipt of the products or until the Buyer has proven that he has returned the goods, if this situation occurs earlier, Libatio Srl will refund the Buyer the amount paid. For the purposes of the deadline, the goods are considered returned when they are handed over to the accepting post office or forwarding agent.

If the right of withdrawal is exercised within fourteen days in accordance with article 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer for the return of the products to Libatio Srl are the responsibility of the Buyer.

If the right of withdrawal is exercised within 14 days pursuant to Art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.

 

If the right of withdrawal is exercised within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, Libatio Srl will refund the sums paid by the Buyer within 14 days of the day on which it became aware of the Buyer's decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction. Unless explicitly agreed otherwise with the Buyer.

The refund may be suspended until receipt of the goods or until the Buyer proves that he has returned the goods, whichever is earlier.

 

Art. 10 - Prices

All sales prices of the products displayed and indicated on the site www.sadler-shop.com constitute an offer to the public pursuant to art. 1336 cc.

The Buyer will pay Libatio Srl for the products purchased the price indicated in the online catalogue at the time the Buyer placed the order. This price will be expressed in Euros and will include VAT.

The shipping costs for the products, where foreseen by the Buyer, will be applied according to the prices indicated in the specific section published on the site www.sadler-shop.com, which the Buyer has read before placing the order.

The prices of the products may be updated and therefore vary on a daily basis.

There are no minimum amounts to place an order.

 

Art.11 - Contribution to shipping costs

The buyer will pay Libatio Srl, as a contribution to shipping costs, the fixed amount of € 5 base (for orders containing only one product) with an increase of € 1 for each additional product.

 

Art.12 - Promotions and gifts

Any promotions proposed by Libatio Srl and the offer of any free products are valid while stocks last and within the purchase limits indicated on the site and at www.sadler-shop.com . The products on promotion may be delivered in promotional packaging different from that published on the site www.danordafood.it.

Any discount codes received are not cumulative, do not apply to transport costs and other promotions already underway, unless otherwise indicated on them.

No replacement or return is possible in relation to products received free of charge by the Purchaser.

 

 

Art.13 - Responsibility

Libatio Srl assumes no responsibility for inefficiencies attributable to force majeure of any nature or kind, if it is unable to execute the contract within the agreed time.

Causes of force majeure are, by way of example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as measures taken by the Public Authorities, strikes by their own employees or by the carriers

that Libatio Srl uses, as well as any other circumstance beyond its control.

Without prejudice to the provisions of Art. 8 of EU Directive 97/7 and Art. 56 of Legislative Decree 206/2005 and subsequent modifications. Legislative Decree 206/2005 and subsequent amendments and additions, Libatio Srl assumes no responsibility for any fraudulent use by third parties of the credit card data provided by the Buyer.

Libatio Srl cannot be held responsible, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its subcontractors.

Libatio Srl will also not be responsible for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to it, the Buyer having the right only to the full refund of the price paid and any additional charges incurred. .

 

Art.14 - Methods of payment and invoicing

The Buyer will pay for the products ordered in the following ways: credit card (also prepaid) and/or Paypal.

The credit cards accepted by Libatio Srl are: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover.

Once the payment method has been chosen, the purchaser will be directed to the relative site to carry out the transaction and complete the payment.

The payment will include the costs for the shipping contribution, where applicable, to be paid by the Buyer, according to the terms of the offer published on the site www.sadler-shop.com.

Libatio Srl will send the invoice by e-mail to the address indicated in the order by the Buyer.

For the issuance of the fiscal document, the information provided by the Buyer at the time of the order shall prevail. No change shall be possible after the fiscal document has been issued. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.

 

Art.15 - Termination of the contract and express termination clause

The obligations assumed by the Buyer in Art. 2 above (Obligations of the Buyer), as well as the guarantee of the successful completion of the payment to be made by the Buyer, are of an essential nature, so that, by express agreement, failure by the Buyer to meet any one of these obligations will result in the legal termination of the contract pursuant to Art. 1456 of the Civil Code, without the need for a judicial decision, without prejudice to the right of Libatio Srl to take legal action for compensation for greater damages.

 

Art.16 - Security

Online transactions with credit cards and/or Paypal are carried out on the respective sites through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows communication in such a way as to avoid the interception, modification or falsification of information.

Libatio Srl is never aware of the customer's credit card data or Paypal account or MyBank account.

 

Art.17 - Modifications

Libatio Srl reserves the right to modify these terms and conditions at any time by publishing the updated version on the website and www.sadler-shop.com.

The new clauses will be effective for purchases made after the date of the modification.

 

Art.18 - Applicable law

This contract is governed by Italian law. These general conditions refer, for anything not expressly provided for herein, to Legislative Decree 206/05 and subsequent amendments and additions.

 

Art.19 - Jurisdiction

Any dispute relating to the application, execution, interpretation of this contract stipulated online through the site www.sadler-shop.com is subject to Italian jurisdiction.

Any disputes arising between the Parties in relation to this contract shall be settled by the judge of the place of residence or domicile of the Purchaser, if located in the territory of the Italian State.

If the Buyer's residence or domicile is not located in the territory of the Italian State, the Court of the place where the goods were delivered shall have jurisdiction.

 

Art. 20 - Protection of confidentiality and treatment of Buyer data

Libatio Srl protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy regulations pursuant to Legislative Decree no. 1961 of 30 June 2003.

The personal and tax data acquired directly and/or through third parties by Libatio Srl, the data controller, are collected and processed on paper, computer, telematics, in relation to the methods of treatment with the aim of registering the order and activating the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, and to allow effective management of business relationships to the extent necessary to best perform the service requested (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003).

Libatio Srl undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of judicial authorities or other authorities authorised by law.

Personal data shall be communicated, subject to the signing of a data confidentiality agreement, only to parties delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.

The Purchaser enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:

a) the updating, rectification or, when interested, the integration of data;

b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed

c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The interested party also has the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data

concerning him/her, even if pertinent to the purpose of collection; ii) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Without it, the Purchaser's request cannot be fulfilled.

In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.

For more information on the privacy & cookie policy adopted by Libatio Srl, please consult the appropriate section of the website www.sadler-shop.com.

 

Art. 21 - Method of archiving the contract

Pursuant to art. 12 of Legislative Decree 70/2003, Libatio Srl informs the Buyer that each order sent is stored in digital form at the Libatio Srl offices according to criteria of confidentiality and security.

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